HomeMy WebLinkAboutC2021-326 - 7/27/2021 - Approved 2021
EMERGENCY SOLUTIONS GRANTS PROGRAM (ESG)
SUBRECIPIENT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
CORPUS CHRISTI HOPE HOUSE, INC.
This agreement (hereinafter "AGREEMENT") is made and entered into on this the
15fi day of Ou\-ci'vi( , 2021, by and between the City of Corpus
Christi, a Texas home-rule municipal corporation ("CITY"), acting through its City Manager or
the City Manager's designee ("City Manager")", and Corpus Christi Hope House, Inc., a
domestic nonprofit corporation organized under the laws of the State of Texas hereinafter
referred to as "SUBRECIPIENT."
WITNESSETH:
WHEREAS, SUBRECIPIENT desires to carry out eligible activities as described in the
Statement of Work attached hereto as Exhibit A (the "Statement of Work"), and permitted by
the Federal Register/Vol. 76, No. 233/Rules and Regulations pursuant to the U. S. Department
of Housing and Urban Development Emergency Solutions Grants Program Entitlement Grant
Regulations and covered in 24 CFR Parts 91 and 576
WHEREAS, the CITY proposes to contract with SUBRECIPIENT in order that the eligible
activities described in Exhibit A (the "Statement of Work") can be carried out for the benefit of
residents in the City's jurisdiction.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
herein set forth and other good and valuable consideration the receipt of which is hereby
acknowledged, the CITY and the SUBRECIPIENT do mutually agree as follows:
SECTION I
Rules and Regulations
SUBRECIPIENT agrees to cooperate with the CITY in respect to the implementation of
Emergency Solutions Grants Program ("ESG") activities CFDA No. 14.231 to be carried out by
SUBRECIPIENT pursuant to 24 CFR Parts 91 and 576 and other requirements, regulations and
decisions as may be made by the Department of Housing and Urban Development (HUD) or
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SCANNED
any other federal or state or entity that may legally exercise its jurisdiction over
expenditures of ESG funds.
SECTION II
Statement of Work
SUBRECIPIENT agrees to perform services as outlined in Exhibit A: Statement of Work,
of this AGREEMENT for and in consideration of ESG funding in the amount of$95,216.00,
enumerated in Exhibit B-1 (the "Grant Budget") and Exhibit B-2 (the "Payment Schedule").
SUBRECIPIENT agrees to notify the CITY, in writing, prior to any changes in its Statement
of Work, the Grant Budget, the Payment Schedule and the Schedule of Activity attached hereto
as Exhibit C (the "Schedule of Activity"). SUBRECIPIENT shall obtain approval, in writing, from
the CITY prior to commencing work on any changes made to the Statement of Work, the Grant
Budget, the Payment Schedule and the Schedule of Activity.
CITY shall not be liable for costs incurred or performances rendered by SUBRECIPIENT
before commencement of this AGREEMENT or after termination of this AGREEMENT.
SUBRECIPIENT agrees to follow the schedule outlined in the Schedule of Activity of this
AGREEMENT, and shall notify the CITY, in writing, prior to any changes, delays or departures
from the Schedule of Activity. If SUBRECIPIENT demonstrates that delays or departure from
the Schedule of Activity is due to circumstances beyond its control, the CITY and SUBRECIPIENT
may (but the City shall not be required) amend the Schedule of Activity.
I
SECTION III
Records and Reports
SUBRECIPIENT agrees to establish and maintain records and reports as outlined in the
Records and Reports attached hereto as Exhibit D (the "Records and Reports") and agrees to
make the Records and Reports available to the CITY, HUD, and any other local, state or federal
entity or authority that may exercise jurisdiction over ESG funds. SUBRECIPIENT shall maintain
records as per 24 CFR 576.500. SUBRECIPIENT shall retain all program records for a period of
five (5) years from final ESG payment.
SUBRECIPIENT must develop and implement written procedures to ensure: (i) All
records containing personal identifying information (as defined in HUD's standards for
participation, data collection, and reporting in a local HMIS) of any individual or family who
applies for and/or receives ESG Assistance will be kept secure and confidential; (ii) The address
or location of any domestic violence, dating violence, or stalking shelter project assisted under
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the ESG will not be made public, except with written authorization of the person responsible for
the operation of the shelter; and (iii) The address or location of any housing of a program
participant will not be made public, except as provided under a pre-existing privacy policy of
the SUBRECIPIENT and consistent with state and local laws regarding privacy and obligations of
confidentiality. The confidentiality procedures of the SUBRECIPIENT must be in writing and
must be maintained in accordance with this section.
SECTION IV
Training and Monitoring Visits
SUBRECIPIENT shall attend an orientation prior to the award of funds.
SUPRECIPIENT shall attend any training as required by the CITY.
SUBRECIPIENT agrees that the CITY shall conduct on-site monitoring visits at least
annually to assure compliance with applicable Federal requirements and that performance
goals are being achieved, if applicable, as per 2 CFR 200.328 (a). After each monitoring visit,
the CITY shall provide SUBRECIPIENT with a written report of the monitor's findings.
If the monitoring reports note deficiencies in SUBRECIPIENT'S performance under the
terms of this AGREEMENT, the monitoring report shall include requirements for the timely
correction of such deficiencies by no later than thirty (30) days of the date of the report by
SUBRECIPIENT.
Failure by SUBRECIPIENT to take action specified in the monitoring report may be cause
for suspension or termination of this AGREEMENT, as provided in Section XII of this
AGREEMENT.
In addition, SUBRECIPIENT shall give HUD, Inspectors General, the Comptroller General
of the United States, the CITY, and any of their duly authorized representatives, unobstructed
and full access to and the right to examine all books, accounts, records, reports, files, and other
papers, things, or property belonging to or in use by SUBRECIPIENT pertaining to this
AGREEMENT.
SECTION V
Payment Requests and Program Income
SUBRECIPIENT agrees to follow administrative directions from the CITY regarding
documenting and processing payment requests as defined in the Requests for Payments
attached hereto as Exhibit E (the "Requests for Payments") of this AGREEMENT.
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SUBRECIPIENT shall submit final reimbursement request to the CITY within 30 days (by
September 1, 2022) of the AGREEMENT termination date.
SUBRECIPIENT and CITY agree that if applicable, program income generated from the
use of ESG funds shall be retained by the SUBRECIPIENT. If the activity is partially assisted with
ESG funds, the SUBRECIPIENT agrees to pro-rate the gross income to reflect the percent of ESG
funds assisted in the activity.
SUBRECIPIENT is to provide to the CITY by the third Wednesday of each month an
accounting of program income outlined in the Records and Reports. The CITY is then required
to report all ESG program income earned, retained, and expended.
SUBRECIPIENT is allowed to use program income for the same or similar eligible
activities that generated the program income. Failure of the SUBRECIPIENT to report program
income as required by this Agreement will lead to forfeiture of all program income to the CITY.
SUBRECIPIENT and the CITY agree that all unused ESG funds at the end or termination
of this AGREEMENT will be reallocated or reprogrammed by the CITY. Refer to Exhibit E for
more detail.
SECTION VI
Matching Funds
SUBRECIPIENT must match 100%the funds provided by the CITY with an equal amount
of funds from other appropriate resources as set forth in 24 CFR §576.201. Eligibility of
matching fund sources shall be subject to review and approval by the CITY.
In the event the CITY determines that the SUBRECIPIENT'S match funds are not in
compliance with HUD regulations, policies, or directives, the CITY may, in its sole discretion,
reduce the total funding amount set forth in an amount proportionate to the ineligible match
funds. The requirements for matching ESG funds are described in section 576.201 of the ESG
Interim Rule, and the requirements for documenting matching contributions are described in
section 24 CFR 576.500(o).
SECTION VII
Lead Based Paint
Lead Based Paint regulations require that all owners, perspective owners, and tenants
of properties constructed prior to 1978 be properly noticed that such properties may contain
lead-based paint. Such notification shall point out the hazards of lead-based paint and explain
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the symptoms, treatment, and precautions that should be taken when dealing with lead-based
paint poisoning.
Lead-based Paint Remediation and Disclosure. The SUBRECIPIENT must comply with
the Lead-Based Paint Poisoning Prevention Act (42 U.S.0 4821-4826), the Residential Lead-
Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations
found at 24 CFR Part 35, subparts A, B, H, J, K, M and R with regard to all shelters assisted
under ESG program and all housing occupied by program participants.
SUBRECIPIENT may not use ESG funds to help a program participant remain or move
into housing that does not meet the minimum habitability standards provided in 24 CFR
§576.403 (b), (c), (1-10). SUBRECIPIENT must complete a Lead-Based Paint visual assessment
on all units being assisted with ESG funds by state certified lead-based paint health inspectors
and must maintain in the client's file documentation that said inspection passed and met all
requirements as referenced above.
SECTION VIII
Religious Activities
SUBRECIPIENT and the CITY both agree that none of the funds expended or activities
undertaken shall be used in support of any sectarian or religious activity or religious holiday,
nor shall any building or structure funded under this AGREEMENT be used for sectarian or
religious activities. If an entity conducts these activities, the activities must be offered
separately, in time or location, from the programs or services funded under ESG, and
participation must be voluntary for program participants as described in 24 CFR 576.406.
SECTION IX
Other Program Requirements
SUBRECIPIENT agrees to comply with "Other Federal Requirements" as listed in 24 CFR
576.407 except for those environmental review requirements listed as 24 CFR part 50 and
initiation of review process under the provisions of 24 CFR part 58. In general, the revisions to
the section on "Other Federal Requirements" clarify the degree to which certain requirements
are applicable, remove certain requirements that are redundant or moved elsewhere in the
rule for improved organizational purposes, and change certain requirements to correspond
with changes in the McKinney-Vento Act or other changes made by this interim rule. (Please
see Exhibit F attached hereto and incorporated herein for all purposes).
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SECTION X
Uniform Administrative Requirements
SUBRECIPIENT must comply with the requirements and standards implemented in 2 CFR
Part 200, "Uniform Administrative Requirements, Cost Principles and Audit Requirements for
Federal Awards" and any subsequent amendments thereto. (Please see Exhibit G attached
hereto and incorporated herein for all purposes as guidance).
Audits shall be conducted annually.
SUBRECIPIENT shall comply with the provisions in 2 CFR Part 200 or the related ESG
provisions, as specified in the Other Federal Requirements attached hereto as stated in Exhibit
F (the "Other Federal Requirements") and any subsequent amendments thereto.
SECTION XI
Audit Requirements
SUBRECIPIENT agrees to comply with the applicable requirements and standards as set
forth in 2 CFR Part 200, Subpart F, Audit Requirements, and any subsequent amendments
thereto. (Please see Exhibit G attached hereto and incorporated herein for all purposes as
guidance).
If SUBRECIPIENT expends less than Seven Hundred Fifty Thousand Dollars ($750,000.00)
a year in federal awards, then they are exempt from the audit requirements implemented in 2
CFR part 200 for that year except as noted in 2 CFR §200.503; however, records must be
available for review or audit by appropriate officials of HUD, the CITY and the General
Accountability Office.
However, if SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars
($750,000.00) or more in federal funds, SUBRECIPIENT must, within nine (9) months from the
end of its fiscal year, supply the CITY with an audit of revenues and expenditures conducted by
a certified public accountant. Grant funds may be forfeited if the SUBRECIPIENT fails to submit
an audit within the allotted time.
SUBRECIPIENT agrees to furnish the CITY with a current Financial Management Letter
(financial statements) within six (6) months from the end of its fiscal year covering the period of
this AGREEMENT that includes detailed receipts and disbursement of payments to
SUBRECIPIENT hereunder. Grant funds may be forfeited if the SUBRECIPIENT fails to submit a
Financial Management Letter.
SUBRECIPIENT is required to submit a 990 Tax Return (Return of Organization Exempt
from Income Tax) for the most recent fiscal year within six (6) months if submitting a Financial
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Management Letter or within nine (9) months if submitting a Financial Audit. If the
SUBRECIPIENT is not classified as exempt, the SUBRECIPIENT will not be awarded grant funds.
SUBRECIPIENT is required to submit 941 Employer's QUARTERLY Federal Tax Return
reports.
If applicable, SUBRECIPIENT agrees to cooperate with the CITY relating to any inquiries
regarding the Financial Audit or Financial Management Letter and SUBRECIPIENT acknowledges
that a Financial Audit or Financial Management Letter shall be provided to the CITY at the
expense of the SUBRECIPIENT.
Financial Audit or Financial Management Letter shall be available to the CITY staff, and
any and all applicable federal agencies, and be of unrestricted access, in accordance with 2 CFR
200.331 and 2 CFR 200.336.
SECTION XII
Suspension and Termination
Termination For Cause. SUBRECIPIENT understands that this AGREEMENT may be
terminated for cause, in accordance with 2 CFR 200.339, if the SUBRECIPIENT materially fails to
comply with the provisions of this AGREEMENT or the provisions so listed in the Statement of
Work attached hereto as Exhibit A (the "Statement of Work"), the Grant Budget attached
hereto as Exhibit B-1 (the "Grant Budget), the Payment Schedule attached hereto as Exhibit B-2
(the "Payment Schedule), the Schedule of Activity attached hereto as Exhibit C (the "Schedule
of Activity"), the Records & Reports attached hereto as Exhibit D (the "Records & Reports"), the
Request for Payments attached hereto as Exhibit E (the "Request for Payments"), Other
Applicable Provisions attached hereto as Exhibit F (the "Other Federal Requirements"), and 2
CFR part 200. Further, SUBRECIPIENT understands that all remedies for non-compliance
pursuant to 2 CFR 200.338 may be utilized if the requirements of this AGREEMENT are not
followed.
Termination For Convenience. The CITY may terminate this Agreement in whole or in
part for Convenience upon ten (10) days written notice to SUBRECIPIENT. The termination for
convenience shall be effective upon SUBRECIPIENT'S receipt of the Notice of Termination for
Convenience.
SUBRECIPIENT agrees to follow all the requirements under 24 CFR 576.402 when
terminating assistance on a program participant. If a program participant violates program
requirements, the recipient or SUBRECIPIENT may terminate the assistance in accordance with
a formal process established by the recipient or SUBRECIPIENT that recognizes the rights of the
individuals affected.
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SUBRECIPIENT must document the determination of ineligibility for each individual or
family determined ineligible as required in 24 CFR 576.500. The record must include
documentation of the reason for that determination.
It is expressly agreed that this AGREEMENT may not be amended except upon the joint
action of both the CITY and SUBRECIPIENT.
SECTION XIII
Assets
SUBRECIPIENT shall not purchase any asset unless so permitted by the CITY and such
procurement shall be done in the form and manner so prescribed by the CITY.
Any asset acquired or improved in part or in whole with ESG funds must be used in an
activity that meets one of the national objectives listed in 24 CFR Part 91 and 576.
The disposition of any asset improved or acquired in part or in whole with ESG funds by
the SUBRECIPIENT must be done with prior written approval of the CITY and the CITY shall be
reimbursed for the asset, if sold, in the full amount of the disposed value of the asset. The CITY
may, at its option, request that such asset be transferred to the CITY if the asset is no longer
being used to meet one of the national objectives or in any case where the SUBRECIPIENT no
longer provides services shown on the Statement of Work.
SECTION XIV
Use of Emergency Shelter
If SUBRECIPIENT uses ESG funds for operation and maintenance costs, SUBRECIPIENT
hereby agrees to maintain the shelter for the homeless for the period for which assistance is
being provided for the same targeted population. For the purposes of this AGREEMENT, such
time period shall be from the date the AGREEMENT is executed to its expiration, as identified in
Section XXI.
SECTION XV
Indemnity Clause& Insurance Provisions
A) SUBRECIPIENT covenants and agrees that it will indemnify and hold the City, its
elected officials, officers, agents and employees harmless from, and against all claims,
demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from
or asserted against the City, it's elected officials, officers, agents or employees on account of
injury or damage to persons or property(including, without limitation on the foregoing,
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workers'compensation, death, and premises defects) to the extent any such injury or damage
may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in
part, by an act or omission, negligence, or misconduct on the part of the City, its officers,
employees, or agents ("Indemnitees"), acting pursuant to this AGREEMENT and with or
without the express or implied invitation or permission of the SUBRECIPIENT, or on the part of
the SUBRECIPIENT or any of its agents, servants, employees, contractors, patrons, guests,
licensees, or invitees entering upon the facilities being used pursuant to this Agreement and
with or without the express or implied invitation or permission of the SUBRECIPIENT, or when
any such injury or damage is the result,proximate or remote, wholly or in part, of the
violation by Indemnitees, the SUBRECIPIENT or any of its agents, servants, employees,
contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental
order of any kind, or when any such injury or damage may in any other way arise from or out
of the use or occupancy of the facilities by Indemnitees, the SUBRECIPIENT or any of its
agents, servants, employees, contractors, patrons, guests, licensees, or invitees, including, but
not limited to, the failure of the SUBRECIPIENT to maintain the Facilities.
(B) These terms of indemnification are effective upon the date of execution of this
AGREEMENT and whether such injury or damage may result from the contributory negligence
or concurrent negligence of Indemnitees, but not if such injury or damage may result from the
sole negligence or willful misconduct of Indemnitees.
(C) The SUBRECIPIENT covenants and agrees that, in case the City is made a party to any
litigation against the SUBRECIPIENT or in any litigation commenced by any party other than
the SUBRECIPIENT relating to this AGREEMENT, the SUBRECIPIENT shall, upon receipt of
reasonable notice regarding commencement of litigation and at its own expense, investigate
all claims and demands, attend to their settlement or other disposition, defend the City, it's
elected officials, officers and employees in all actions based thereon with legal counsel
satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and
expenses of any kind whatsoever arising from any said claims, demands, actions, damages,
losses, costs, liabilities, expenses, or judgments.
(D) The indemnification provisions of this section survive the termination or expiration of
this AGREEMENT.
(E) SUBRECIPIENT shall maintain in full force and effect, throughout the term of this
AGREEMENT, insurance that complies with the standards in Exhibit H, a copy of which is
attached to this AGREEMENT and incorporated in this AGREEMENT by reference. A certificate
evidencing the SUBRECIPIENT'S provision of insurance must be provided to the City's Risk
Manager ("Risk Manager") and the CITY at least ten (10) days prior to any expenditures of ESG
funds by the SUBRECIPIENT. Failure to maintain any of the types and limits of the insurance
required by Exhibit H is cause for the City Manager to terminate this AGREEMENT and cancel
any and all reimbursements of ESG funds to the SUBRECIPIENT.
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(F) SUBRECIPIENT shall require its insurance companies, written policies, and certificates of
insurance to provide that the City must be given thirty (30) days advance notice by the insurer
prior to cancellation, nonrenewal, or material change of the insurance policies required by
Exhibit H.
(G) CITY'S Risk Manager retains the right to re-evaluate the insurance requirements during
the term of this AGREEMENT and adjust the types and limits of such insurance upon thirty (30)
days written notice to SUBRECIPIENT. Insurance types and limits may not be adjusted more
frequently than once a year.
SECTION XVI
Procurement
SUBRECIPIENT agrees to follow the statues and rules governing the CITY in the
procurement of services, supplies or non-real property in relation to CITY-funded projects. The
legal standards that will apply include the procurement standards of the City of Corpus Christi,
which includes procurement standards established by 2 CFR part 200.
SUBRECIPIENT must comply with ESG applicable requirements covered in this
AGREEMENT. Procurement by the SUBRECIPIENT must follow a written code of conduct and
establish procurement procedures that provide an open and free competition in accordance
with 2 CFR part 200.
SUBRECIPIENT shall comply with current ESG policy and 2 CFR part 200, concerning the
purchase of equipment and shall maintain inventory records of all non-expended personnel
property as defined by such policy as may be procured with funds provided herein.
SECTION XVII
Conflict of Interest
SUBRECIPIENT covenants that members of its organization or staff members who
exercise influence on the decision-making process will not have any interest, direct or indirect,
with any person, corporation, company or association that is hired to carry out any of the
activities so listed in the Statement of Work (Exhibit A), 24 CFR Part 576.404, and 2 CFR part
200.
SUBRECIPIENT agrees that no person who is an elected official, officer, director,
employee, consultant, or agent of the SUBRECIPIENT's organization or the CITY's organization
shall gain any interest in any corporation, company, or association that is hired to carry out any
of the activities so listed in Statement of Work during their tenure or for a period of one year
thereafter.
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SUBRECIPIENT agrees to comply with Chapter 176 of the Texas Local Government Code
and file Form CIQ with the City Secretary's Office, if required. For more information and to
determine if you need to file a Form CIQ please review the information on the City Secretary's
website at http://www.cctexas.com/departments/city-secretary/conflict-disclosure/.
SUBRECIPIENT is responsible for repayment of funds associated with any conflict of
interest that may occur either knowingly or unknowingly.
No CITY employee, elected official, consultant and/or agent shall solicit nor accept
gratuities, favors, or anything of monetary value from any person, corporation, company, or
association that has been hired or expects to be hired to perform any of the activities so
described in the Statement of Work.
In compliance with Section 2-349 of the City's Code of Ordinances, the SUBRECIPIENT
shall complete the City's Disclosure of Interests form, which is attached to this AGREEMENT as
Exhibit I, the contents of which, as a completed form, are incorporated in this document by
reference as if fully set out in this AGREEMENT.
SECTION XVIII
Legal Action and Venue
SUBRECIPIENT agrees to notify the CITY when a problem arises that may lead to legal
action or claim against the SUBRECIPIENT. The SUBRECIPIENT agrees to furnish to the CITY any
and all information with respect to such action or claim. The SUBRECIPIENT agrees not to take
any action with respect to any legal action or claim sought against the SUBRECIPIENT without
the advice and written consent of the CITY.
Venue and jurisdiction of any suit, right or cause of action arising under or in connection
with this AGREEMENT shall lie exclusively in Corpus Christi, Nueces County, Texas, where this
AGREEMENT was entered into and must be performed.
SECTION XIX
Miscellaneous Provisions
Conflict with Applicable Law. Nothing in this AGREEMENT shall be construed so as to
require the commission of any act contrary to law, and whenever there is any conflict between
any provision of this AGREEMENT and any present or future law, ordinance or administrative,
executive or judicial regulation, order or decree, or amendment thereof, contrary to which the
parties have no legal right to contract, the latter shall prevail, but in such event the affected
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provision or provisions of this AGREEMENT shall be modified only to the extent necessary to
bring them within the legal requirements and only during the time such conflict exists.
Validity. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or
provision of this AGREEMENT is held invalid or unconstitutional by final judgment of a court of
competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause,
phrase, word, or provision of this AGREEMENT, for it is the definite intent of the parties to this
AGREEMENT that every section, paragraph, subdivision, clause, phrase, word, and provision of
this AGREEMENT be given full force and effect for its purpose.
No Waiver. No waiver by CITY of any breach of any provision of this AGREEMENT shall
be deemed to be a waiver of any preceding or succeeding breach of the same or any other
provision hereof.
Entire Agreement. This AGREEMENT contains the entire contract between the parties
hereto, and each party acknowledges that neither has made (either directly or through any
agent or representative) any representations or agreements in connection with this
AGREEMENT not specifically set forth herein. This AGREEMENT may be modified or amended
only by agreement in writing executed by CITY and SUBRECIPIENT, and not otherwise.
Texas Law to Apply. THIS AGREEMENT SHALL BE CONSTRUED UNDER AND IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, AND ALL OBLIGATIONS OF THE
PARTIES CREATED HEREUNDER ARE PERFORMABLE IN NUECES COUNTY, TEXAS. THIE PARTIES
HEREBY CONSENT TO PERSONAL JURISDICTION IN NUECES COUNTY, TEXAS.
Notice. Except as may be otherwise specifically provided in this AGREEMENT, all
notices, demands, requests or communications required or permitted hereunder shall be in
writing and shall either be (i) personally delivered against a written receipt, or (ii) sent by
electronic mail, or (iii) sent by registered or certified mail, return receipt requested, postage
prepaid and addressed to the parties at the addresses set forth below, or (iv) sent by facsimile
or at such other addresses as may have been theretofore specified by written notice delivered
in accordance herewith:
If to CITY: If to SUBRECIPIENT:
City of Corpus Christi
Attn: Manager, Grant Corpus Christi Hope House, Inc.
Monitoring Department Attn: Melissa Juarez, Executive Director
1201 Leopard Street, 2nd Floor 3226 Reid Dr
Corpus Christi, Texas 78401 Corpus Christi, TX 78404
Phone: (361) 826-3010 Phone: (361) 852-2273
Fax: (361) 826-3005 Fax: (361) 852-8211
Email: TraceyC@cctexas.com Email: m.juarez@cchopehouse.org
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Each notice, demand, request or communication which shall be delivered or mailed in the
manner described above shall be deemed sufficiently given for all purposes at such time as it is
personally delivered to the addressee or, if mailed, at such time as it is deposited in the Unites
States mail.
Certificate of Interested Parties. SUBRECIPIENT agrees to comply with Texas
Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties
as part of this AGREEMENT.
Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/filinginfo/1295/. The form must then be printed, signed,
notarized and filed with the City. For more information, please review the Texas Ethics
Commission Rules at https://www.ethics.state.tx.us/filinginfo/1295/. (Your web browser must
be at a minimum browser level: Chrome 4, Firefox 15, Internet Explorer 9, Opera 12.1, or Safari
4.)
Copies of Rules and Regulations. Copies of some of the rules and regulations
referenced in this AGREEMENT have been provided to the SUBRECIPIENT as evidenced by the
SUBRECIPIENT'S ESG Compliance Affidavit, which is attached to this AGREEMENT as Exhibit J
and is incorporated into this AGREEMENT by reference. Any failure by the CITY to supply the
SUBRECIPIENT with any other applicable laws, regulations, ordinances, rules, or policies not
stated in Exhibit J does not waive the SUBRECIPIENT'S compliance there-with as required by
law.
Additional Documents. The parties hereto covenant and agree that they will execute
such other and further instruments and documents as are or may become necessary or
convenient to effectuate and carry out the terms of this AGREEMENT.
Successors. This AGREEMENT shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, executors, administrators, legal representatives,
successors, and assigns where permitted by this AGREEMENT.
Assignment. This AGREEMENT shall not be assignable by SUBRECIPIENT. The CITY may
assign this AGREEMENT without the consent of SUBRECIPIENT.
Headings. The headings and captions contained in this AGREEMENT are solely for
convenient reference and shall not be deemed to affect the meaning or interpretation of any
provision or paragraph hereof.
Gender and Number. All pronouns used in this AGREEMENT shall include the other
gender, whether used in the masculine, feminine or neuter gender, and the singular shall
include the plural whenever and as often as may be appropriate.
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Authority to Execute. The execution and performance of this AGREEMENT by the CITY
and SUBRECIPIENT have been duly authorized by all necessary laws, resolutions or corporate
action, and this AGREEMENT constitutes the valid and enforceable obligations of the CITY and
SUBRECIPIENT in accordance with its terms.
SECTION XX
Participation in HMIS and Coordinated Access System
SUBRECIPIENT agrees that projects receiving funding under Emergency Solutions Grants
("ESG") program will participate in the Homeless Management Information System (HMIS).
Section 416 (f) of the McKinney-Vento Act and HEARTH Act (24 CFR Part 580) requires that
projects receiving funding under Emergency Solutions Grant (ESG) program participate in HMIS
pursuant to 24 CFR 576.107.
SUBRECIPIENT must ensure that data on all persons served and all activities assisted
under ESG are entered into the applicable community-wide HMIS in the area in which those
persons and activities are located, or a comparable database, in accordance with HUD's
standards on participation, data collection, and reporting under a local HMIS.
If SUBRECIPIENT is a victim service provider or a legal services provider, it may use a
comparable database that collects client-level data over time (i.e., longitudinal data) and
generates unduplicated aggregate reports based on the data. Information entered into a
comparable database must not be entered directly into or provide to an HMIS.
SUBRECIPIENT must report all client statistical data using the Sage HMIS Reporting
Repository for CAPER submission. SUBRECIPIENT MUST ensure that all client data is entered
into Sage and produce the statistical information required by HUD on program participants
served with ESG funds. SUBRECIPIENT will provide City their final statistical report no later
than October 15, 2022.
SUBRECIPIENT shall work with the Continuum of Care to ensure the screening,
assessment and referral of program participants are consistent with the written standards
required by the CITY. A victim service provider may choose not to use the Continuum of Care's
centralized or coordinated assessment system as set forth in 24 CFR §576.400(d).
SUBRECIPIENT shall coordinate and integrate, to the maximum extent practicable, ESG-
funded activities with other programs targeted to homeless people in the area covered by the
Continuum of Care or area over which the services are coordinated to provide a strategic,
community-wide system to prevent and end homelessness for the area as set forth at 24 CFR
§576.400(b).
FY21 ESG Hope House Agreement Page 14 of 16
System and Program Coordination with Mainstream Resources. The SUBRECIPIENT
must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with
mainstream housing, health, social services, employment, education, and youth programs for
which families and individuals at risk of homelessness and homeless individuals and families
may be eligible as set forth in 24 CFR §576.400(c).
Participation of Homeless Persons in Policy-Making and Operations, The
SUBRECIPIENT understands they are required by federal rule to provide for the participation of
at least one homeless or formerly homeless person(s) in a policy-making function within the
organization as required in 24 CFR §576.405. This might include, for example, involvement of a
homeless or formerly homeless person on the Board of Directors or similar City that considers
and sets policy or makes decisions for the recipient agency.
If SUBRECIPIENT is unable to meet requirement, it must instead develop and implement
a plan to consult with homeless or formerly homeless individuals in considering and making
policies and decisions regarding any facilities, services, or other assistance that receive funding
under Emergency Solutions Grant (ESG). The plan must be included in the annual action plan
required under 24 CFR 91.220.
SUBRECIPIENT also agrees that to the maximum extent practicable, they will involve,
through employment, volunteer services, or otherwise, homeless individuals and families in
constructing, renovating, maintaining, and operating facilities assisted under this AGREEMENT
and in providing services for occupants of facilities assisted under this AGREEMENT as listed in
24 CFR §576.405 in accordance with 42 U.S.C. 11375 (c) (7) and 42 U.S.C. 11375 (d).
SECTION XXI
Effective Date
The effective date of this AGREEMENT shall be October 1, 2021, such date being the
date the City of Corpus Christi entered into this AGREEMENT with SUBRECIPIENT and shall
terminate on the 30th day of September 2022..
Executed in DUPLICATE originals to be effective as of the date first set forth above.
ATTEST: City of Corpus Christi
11/
Rebecca Huerta Tracey K. ' .nt , Interim Director
City Secretary Neighbor ood Services Department
r6•033
" AUTHOKIlt+►
FY21 ESG Hope House Agreement Page 15 of 16
IY (TARIM
sECRETARv
ATTEST: Corpus Christi Hope House, Inc.
1(171/.1440A111
(Corporate Seal) Name: J' N _,Q n',,7A i*1-)
Title: 4.4 Nry in -
APPROVED AS TO FORM:
This /4,, day of , 2021.
Kent Mc 1yar, Assistant City Attorney
FY21 ESG Hope House Agreement Page 16 of 16
EXHIBIT A
STATEMENT OF WORK
This Statement of Work is issued by SUBRECIPIENT with the objective of providing urgent
housing and related needs, as described below. (PLEASE CHECK and INITIAL ALL THAT APPLY)
a §576.102 Emergency Shelter Component
ESG Funds may be used for costs of providing services to homeless families and
individuals in emergency shelters. Funds may be used for renovating the shelter and
operating the emergency shelter. This activity is subject to the expenditure limit as set
out in §576.100(b). These services are designed to increase the quantity and quality of
temporary shelters provided to homeless people, through the renovation of existing
shelters or conversion of buildings to shelters, paying for the operating costs of shelters,
and providing essential services, as set out in 24 CFR 576.102
7g !? Xl §576.103 Homeless Prevention Component
ESG funds may be used to provide housing relocation and stabilization services and
short- and/or medium-term rental assistance necessary to prevent an individual or
family from moving into an emergency shelter or another place described in paragraph
(1) of the "homeless" definition in §576.2. This assistance, referred to as homelessness
prevention, may be provided to individuals and families who meet the criteria under the
"at risk of homelessness" definition, or who meet the criteria in paragraph (2), (3), or(4)
of the "homeless" definition in §576.2 and have an annual income below 30 percent of
median family income for the area, as determined by HUD. The costs of homelessness
prevention are only eligible to the extent that the assistance is necessary to help
the program participant regain stability in the program participant's current permanent
housing or move into other permanent housing and achieve stability in that housing.
Homelessness prevention must be provided in accordance with the housing relocation
and stabilization services requirements in §576.105,the short-term and medium-term
rental assistance requirements in §576.106, and the written standards and procedures
established under 24 CFR 576.400. These services are designed to prevent an individual
or family from moving into an emergency shelter or living in a public or private place not
meant for human through housing relocation and stabilization services and short-
and/or medium-term rental assistance, as set out in 24 CFR 576.103
?'YL K §576.104 Rapid Re-housing Assistance Component
ESG funds may be used to provide housing relocation and stabilization services and
short- and/or medium-term rental assistance as necessary to help a homeless individual
or family move as quickly as possible into permanent housing and achieve stability in
that housing.This assistance, referred to as rapid re-housing assistance, may be
provided to program participants
EXHIBIT A (coned.)
who meet the criteria under paragraph (1) of the "homeless" definition in §576.2 or
who meet the criteria under paragraph (4) of the "homeless"definition and live in
an emergency shelter or other place described in paragraph (1)of the "homeless"
definition. The rapid re-housing assistance must be provided in accordance with the
housingrelocation and stabilization services requirements in §576.105,the short-and
q
medium-term rental assistance requirements in §576.106, and the written standards
and procedures established under §576.400. These services are designed to move
homeless people quickly to permanent housing through housing relocation and
stabilization services and short- and/or medium-term rental assistance, as set out in 24
CFR 576.104
The following table identifies the projected target populations to be provided services,
and which services anticipated to be provided to them.
PROJECTED TARGET POPULATION
#Adults #Children #Youth
111.1.11111116. #Households (18+yrs) (0-11 yrs) (12-17 yrs)
EMERGENCY SHELTER
> Essential Services 70 70 90 5
> Renovation/Rehab
> Assistance Under URA 1970 1
RAPID RE-HOUSING
> Rental Assistance 24 32 36 12
> Other Financial Assistance
> Services Costs
HOMELESSNESS PREVENTION (for households in which the total income does not exceed the HUD 30%
AMI)
> Rental Assistance 11 17 21 6
> Other Financial Assistance
> Services Costs
TOTALS 1105 1119 1147 23
EXHIBIT B-1
Grant Budget
As identified through the Statement of Work
Housing relocation and stabilization services
ESG funds may be used to pay housing owners, utility companies,and other third parties for
the following costs:
Financial Assistance** _
Formula/requirements Project Formulas Total ESG Request
Rental application $25 average $175
fees application fee x 7
HH
Security Deposit Less than value of two $500 avg deposit x $5,500
months of rent 11 HH
Last month's rent Value of one month; 1 mos rent x $4,503
counts toward 24-month $643.28 avg x 7 HH
maximum
Utility deposits Must be standard _
Utility payments Up to six months of
(gas, electric, water, arrears—24 month total
sewage)
Moving costs Truck rental, movers,
storage for 3 mos.
Services costs
Housing search and EX: 0.5 FTE @
placement $45,000 including
benefits
Housing stability
case management
Mediation _
Legal services
Credit repair
Total Request $10,178
**Financial assistance cannot be provided to program participants who are receiving the
same type of assistance through other public sources (see 576.105 for more details)
EXHIBIT B-1 (coned.)
Projected Rental Assistance
Short-term and medium-term rental assistance*
ESG funds may be used to pay for up to 24 months of rental assistance during any 3-year
period. Rent cannot exceed FMR and must meet rent reasonableness standards,subject to
change.
Tenant-based rental assistance
Unit Size # Units #Months FY 2021 Total
FMR** Requested
Studio/Efficiency $784
1-bedroom 3 HP + 16 RR 1 Month $650 $12,350
2-bedroom 6 HP+8 RR 1 Month $900 $12,600
3-bedroom 2 HP 1 Month $1,484 $2,968
Project-based rental assistance
Studio/Efficiency $784
1-bedroom $864
2-bedroom $1,079
3-bedroom $1,428
Total Request $27,918
*SUBRECiPIENT must complete a Lead-Based Paint visual assessment on all units being
assisted with ESG funds by state certified lead-based paint health inspectors and must maintain
in the client's file documentation that said inspection passed and met all requirements as
referenced in Section ViI of this Agreement.
**FMR amounts based on FY2021 FMR Guidelines.
ESG FY2021 Proposed Activity
Eligible Activity
(add rows if ESG Amount Match Amount Match Source Budget Total
necessary)
Emergency $57,120 $57,120 Staff Salary $114,240
Shelter
Homeless $15,021 $15,021 Staff Salary $30,042
Prevention
Rapid Re- $23,075 $23,075 Staff Salary $46,150
Housing
Totals $95,216 $95,216 $190,432
EXHIBIT B-2
PAYMENT SCHEDULE
Estimated Amount Homelessness
For the Months of... Emergency Shelter Rapid Re-housing
of Expenditures Prevention
October 2021 $0 $0 $0 $0
November 2021 $9,521 $5,712 $1,502 $2,307
December 2021 $9,521 $5,712 $1,502 $2,307
t r
January 2022 $9,521 $5,712 $1,502 $2,307
February 2022 $9,521 $5,712 $1,502 $2,307
March 2022 $9,521 $5,712 $1,502 $2,307
April 2022 $9,522 $5,712 $1,502 $2,308
May 2022 $9,522 $5,712 $1,502 $2,308
June 2022 $9,522 $5,712 $1,502 $2,308
July 2022 $9,522 $5,712 $1,502 $2,308
August 2022 $9,523 $5,712 $1,503 $2,308
September 2022 $0 $0 $0 $0
TOTALS $95,216 $57,120. $15,021 $23,075
NOTE: Payment requests must be submitted monthly by the 1561. If no payment request will
be submitted by the 1St'of any given month,Agency MUST notify CITY.
EXHIBIT C
Schedule of Activity
SUBRECIPIENT hereby agrees to perform services as outlined in Exhibit A.
A proposed monthly schedule of activity should be provided in this space. Schedule should not
exceed SUBRECIPIENT contract time frame of 12 months from contract date.
202 .;2022 Number of Ben ries
Emergency Homeless Rapid
For the Months of... Shelter Prevention Rehousing
October 2021 14
November 2021 14 5 8
December 2021 14 5 8
January 2022 14 5 8
February 2022 14 5 8
March 2022 14 4 8
April 2022 14 4 8
May 2022 14 4 8
June 2022 14 4 8
July 2022 13 4 8
August 2022 13 4 8
September 2022 13
Total Unduplicated 165 44 8Q
EXHIBIT D
RECORDS & REPORTS
SUBRECIPIENT must maintain all records and reports submitted to the City for a period of five
years.
Period of record retention. All records pertaining to each fiscal year of ESG funds must be
retained for the greater of 5 years from final ESG payment, or the period specified below. Copies made
by microfilming, photocopying, or similar methods may be substituted for the original records.
(1) Documentation of each program participant's qualification as a family or individual at risk of
homelessness or as a homeless family or individual and other program participant records
must be retained for 5 years after the expenditure of all funds from the grant under which
the program participant was served;
(2) Where ESG funds are used for the renovation of an emergency shelter involves costs
charged to the ESG grant that exceed 75 percent of the value of the building before
renovation, records must be retained until 10 years after the date that ESG funds are first
obligated for the renovation; and
(3) Where ESG funds are used to convert a building into an emergency shelter and the costs
charged to the ESG grant for the conversion exceed 75 percent of the value of the building
after conversion, records must be retained until 10 years after the date that ESG funds are
first obligated for the conversion.
SUBRECIPIENT must participate in the Housing Inventory Count (HIC) and the Point-In-Time (PIT)
data collection.
SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG
are entered into the applicable community-wide HMIS in the area in which those persons and activities
are located, or a comparable database, in accordance with HUD's standards on participation, data
collection, and reporting under a local HMIS.
If the SUBRECIPIENT is a victim service provider or a legal services provider, it may use a
comparable database that collects client-level data over time (i.e., longitudinal data) and generates I
unduplicated aggregate reports based on the data. Information entered into a comparable database
must not be entered directly into or provided to an HMIS.
EXHIBIT E
REQUEST FOR PAYMENTS
A. Matching Funds 24 CFR 576 requires that each grantee and/or SUBRECIPIENT must match the
funding provided by HUD under 24 CFR 576 with an equal amount of funds from sources other than
under Part 576. SUBRECIPIENT must include documentation to support source of match, with each
request for payment, be with either cash, volunteer time, in-kind, office space, or donations. Failure to
submit match source documentation,will be cause for City to refuse payment request. Please refer
to matching requirements for more information. The requirements for matching ESG funds are
described in section 576.201 of the ESG Interim Rule, and the requirements for documenting matching
contributions are described in section 576.500(o).
B. Insurance. SUBRECIPIENT must submit copy of a current Certificate of Insurance at least ten (10)
days prior to any expenditure of ESG funds by the SUBRECIPIENT. Certificate of Insurance must cover
the period of funding agreement, and meet all requirements stated in Section XV and Exhibit H of this
AGREEMENT. Failure to timely submit Certificate of Insurance will be cause for CITY to refuse
payment request.
C. Payment Request Checklist: For Each payment reimbursement, please provide the following:
• Signed cover letter summarizing the reimbursement for each funded activity
• Detailed Summary of Costs Breakdown
• Copies of Invoices and/or receipts
• Copies of cancelled checks responding to invoices and/or receipts
• Other Supporting Documents as requested by CITY
NOTE: Payment requests must be submitted to the CITY by the 15th of each month. ESG funds may
be recaptured by the CITY if SUBRECIPIENT fails to expend funds timely and future funding requests
may be affected.
1. SUBRECIPIENT must submit a complete monthly reimbursement requests as approved on the
Schedule of Payment hereto attached as Exhibit B-2 (the "Schedule of Payment") due on or
before the 15th of each month.
2. SUBRECIPIENT must inform the CITY in writing if the reimbursement request will not be
submitted by the due date.
3. The CITY will return incorrect and/or incomplete reimbursement requests to SUBRECIPIENT as
soon as possible and note which corrections need to be made or additional documents needed.
Please note that this may delay payment reimbursement.
EXHIBIT E (cont'd.)
4. SUBRECIPIENT must resubmit a Payment Request Cover Letter with revised or additional
documentation as requested by the CITY, no later than 5 days from notification by the CITY.
5. SUBRECIPIENT must submit FINAL reimbursement request to the CITY 30 days prior to
expiration date of AGREEMENT.
6. SUBRECIPIENT must submit all required documentation as stated on the City Reimbursement
Checklist.
7. Should the SUBRECIPIENT fail to comply with timely submittals of monthly reimbursement
requests the CITY may consider termination of the SUBRECIPIENT AGREEMENT as per Section
XII "Suspension and Termination."
8. All reimbursement requests and reports submitted to the CITY must be originals signed with
blue ink. Documentation must be neatly organized per the Summary of Costs Breakdown
provided with each reimbursement request and documents must be legible.
9. Reimbursement requests may be sent via e-mail in pdf format (color).
10. Reimbursement requests are processed by the CITY on a first come first serve basis, providing
all support documentation is submitted.
11. Payments to SUBRECIPIENT will be mailed, unless SUBRECIPIENT notifies the CITY in writing the
name of individual who will be authorized to pick up checks.
12. Checks will be available 30 days from the date the reimbursement request is submitted the
CITY providing all required documentation has been submitted to the CITY.
13. Checks may be delayed if required documentation is not provided to the CITY.
14. As per Section IV of this AGREEMENT, the CITY Monitoring Division will conduct on-site
monitoring visits to ensure compliance with applicable Federal requirements-are being met for
ESG funds expended.
EXHIBIT F
Other Federal Requirements
24 CFR 576.407
(a) General. The requirements in 24 CFR part 5, subpart A are applicable, including the
nondiscrimination and equal opportunity requirements at 24 CFR 5.105(a). Section 3 of the Housing
and Urban Development Act of 1968, 12 U.S.C. 1701u, and implementing regulations at 24 CFR part
135 apply, except that homeless individuals have priority over other Section 3 residents in accordance
with §576.405(c).
(b)Affirmative outreach. The recipient or SUBRECIPIENT must make known that use of the facilities,
assistance, and services are available to all on a nondiscriminatory basis. If it is unlikely that the
procedures that the recipient or SUBRECIPIENT intends to use to make known the availability of the
facilities, assistance, and services will to reach persons of any particular race, color, religion, sex, age,
national origin, familial status, or disability who may qualify for those facilities and services, the
recipient or SUBRECIPIENT must establish additional procedures that ensure that those persons are
made aware of the facilities, assistance, and services. The recipient and its SUBRECIPIENT must take
appropriate steps to ensure effective communication with persons with disabilities including, but not
limited to, adopting procedures that will make available to interested persons information concerning
the location of assistance, services, and facilities that are accessible to persons with disabilities.
Consistent with Title VI and Executive Order 13166, recipients and SUBRECIPIENT are also required to
take reasonable steps to ensure meaningful access to programs and activities for limited English
proficiency(LEP) persons.
(c) Uniform Requirements. The requirements of 2 CFR Part 200 apply to the recipient and
SUBRECIPIENT, and:
(1) Program income may be used as matching contributions, subject to the requirements in
§576.201;
(2) The disposition of real property for which ESG funds are used for major rehabilitation,
conversion, or other renovation under §576.102 is governed by the minimum period of use
requirements under §576.102(c).
(d) Environmental review responsibilities. (1)Activities under this part are subject to environmental
review by HUD under 24 CFR part 50.The recipient shall supply all available, relevant information
necessary for HUD to perform for each property any environmental review required by 24 CFR part 50.
The recipient also shall carry out mitigating measures required by HUD or select alternate eligible
property. HUD may eliminate from consideration any application that would require an Environmental
Impact Statement (EIS). (2)The recipient or SUBRECIPIENT, or any contractor of the recipient or
SUBRECIPIENT, may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct
property for a project under this part, or commit or expend HUD or local funds for eligible activities
under this part, until HUD has performed an environmental review under 24 CFR part 50 and the
recipient has received HUD approval of the property.
EXHIBIT F (cont'd.)
(e) Davis-Bacon Act. The provisions of the Davis-Bacon Act (40 U.S.C. 276a to 276a-5) do not apply to
the ESG program.
(f) Procurement of Recovered Materials. The recipient and its contractors must comply with Section
6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of competition, where
the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding
fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes
energy and resource recovery; and establishing an affirmative procurement program for procurement
of recovered materials identified in the EPA guidelines.
EXHIBIT G
2 CFR Part 200
FINAL GUIDANCE PUBLISHED BY THE MANAGEMENT AND BUDGET(OMB) OFFICE ON 12/26/2013
EFFECTIVE DECEMBER 26, 2014.
AUDITS, ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES OF STATES, LOCAL
GOVERNMENTS,AND NON-PROFIT ORGANIZATIONS
2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, Final Guidance supersedes, consolidates eight (8) grant related circulars into a
uniform regulation applicable to all grant recipients.
A - 21 A - 110
A- 87 A - 122
A - 89 A - 133
A - 102 A-50
To view Notice SD-2015-01 Issued by the U.S. Department of Housing and Urban Development,
please visit the following link:
www.hudexchange.info/resources/documents/Notice-DC-2015-01-Transition-to-2-CFR-Part-200-
Guidance.pdf
EXHIBIT H
INSURANCE REQUIREMENTS
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance required has been obtained
and such insurance has been approved by the City. Contractor must not allow any subcontractor, to
commence work until all similar insurance required of any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates
of Insurance with applicable policy endorsements showing the following minimum coverage by an
insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation
endorsement is required on all applicable policies. Endorsements must be provided with Certificate of
Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material change Per occurrence- aggregate
or termination required on all certificates
and policies.
CRIME/EMPLOYEE DISHONESTY $100,000 Per Claims Made
Contractor shall name the City of Corpus
Christi, Texas as Loss Payee
C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager
with copies of all reports of any accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a
licensed insurance company. The coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers' compensation coverage provided must be in statutory
amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All
States Endorsement shall be required if Contractor is not domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by
companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of
no less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract
and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be
given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to
contain or be endorsed to contain the following required provisions:
• List the City and its officers,officials, employees, and volunteers, as additional insureds by endorsement
with regard to operations, completed operations, and activities of or on behalf of the named insured
performed under contract with the City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi
where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of
the City; and
• Provide thirty(30)calendar days advance written notice directly to City of any,cancellation,non-renewal,.
material change or termination in coverage and not less than ten(10)calendar days advance written notice
for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage,
Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City
shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time
during this contract. Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any
insurance or policy endorsements to the extent and within the time herein required,the City shall have the
right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to
Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be
held responsible for payments of damages to persons or property resulting from Contractor's or its
subcontractor's performance of the work covered under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any
insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations
under this contract.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this contract.
2021 Insurance Requirements
Ins. Req. Exhibit
Professional Services—Crime-Employee Dishonesty
10/26/2021 Risk Management— Legal Dept.
`Oag U S 04,
4
O4 •# r,. Y�, i
"A "' EXHIBIT I
CITY OF CORPUS CHRISTI - DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112,as amended, requires all persons or firms seeking to do
business with the City to provide the following information. Every question must be answered.
If the question is not applicable, answer with "NA." See the definitions for the Disclosure of
Interest in Section II -General Information.
COMPANY NAME: Corpus Christi Hope House, Inc.
P.O. BOX:
Corpus Christi
STREET ADDRESS: 3226 Reid Drive CITY: ZIP: 78404
FIRM IS: 1. Corporation _ 2. Partnership 3. Sole Owner n
4. Association S.Other X Non-Profit Organization
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership
interest" constituting 3% or more of the ownership in the above named "firm."
Name Job Title and City Department (if known)
N/A N/A
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named "firm."
Name Title
N/A N/A
3. State the names of each "board member" of the City of Corpus Christi having an "ownership
interest" constituting 3%or more of the ownership in the above named "firm."
Name Board, Commission or Committee
N/A N/A
EXHIBIT I (cont'd.) — -
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi
who worked on any matter related to the subject of this contract and has an "ownership
interest" constituting 3% or more of the ownership in the above named "firm."
Name Consultant
_N/A — — —
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will
confer an economic benefit on any City official or employee that is distinguishable from the effect
that the action will have on members of the public in general or a substantial segment thereof,
you shall disclose that fact in a signed writing official or employee in the matter is apparent. The
disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance
Section 2-349 (d))
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement,
that I have not knowingly withheld disclosure of any information requested; and that
supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as
changes occur.
Certifying Person: Melinda Baker Title:
Grant Administrator
(Type or Print)
Signature of Certifying Date: 9/23/2021
Person: WaLtda, gaiir,
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by
the City Council of the City of Corpus Christi,Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to
have an effect on that interest that is distinguishable from its effect on members of the
public in general or a substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full
or part-time basis, but not as an independent contractor.
EXHIBIT I (coned.)
d. "Firm." Any entity operated for economic gain, whether professional, industrial or
commercial, and whether established to produce or deal with a product or service, including
but not limited to, entities operated in the form of sole proprietorship, as self-employed
person, partnership,
corporation,joint stock company,joint venture, receivership or trust, and entities which for
purposes of taxation are treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the
City of Corpus Christi,Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in
a firm, including when such interest is held through an agent,trust, estate, or holding entity.
"Constructively held" refers to holdings or control established through voting trusts, proxies,
or special terms of venture or partnership agreements."
g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of
Corpus Christi for the purpose of professional consultation and recommendation.
EXHIBIT K
Subrecipient's ESG Compliance Affidavit
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
Date: .`('rAfi14f 2.4 2•Q2-1
Affiant: Corpus Christi Hope House, Inc.
Emergency Solutions Grant Subrecipient
Affiant, on oath, swears the following statements are true:
I, Melissa Juarez , am the Executive Director (title) of
Corpus Christi Hope House, Inc. , a Texas nonprofit corporation, which has applied for
and been awarded Emergency Solutions Grant("ESG") Program funds administered by the City of Corpus
Christi ("City"). Prior to the start of the project for which ESG funds have been awarded, as the
representative of the above named subrecipient organization ("Subrecipient"), I met with City staff and
received copies of the following Federal rules and regulations:
2 CFR Part 200
24 CFR 570 and 576 41 CFR 60.1 and 60.4
By execution of this affidavit, I attest that I have received the above-listed Federal rules and
regulations, City staff has explained the rules and regulations, and I understand the Subrecipient's
obligations of performance under the rules and regulations. Furthermore, I acknowledge that there may
El be additional Federal rules and regulations, beyond the rules and regulations listed above, to which the
Subrecipient may be subject to and with which the Subrecipient must comply, in accordance with Federal
laws.
i
By: -7f•- 6✓CA
I �
SWORN TO AND SUBSCRIBED before me this the rq day ofI , 2021.
„••••,�;: SANDRA JANE IERMA
.
f 'c: ( itiuyID#130558029 Notary Public, State of Texas
. .
fExpires February 29,2024