The URL can be used to link to this page

Home My WebLink AboutC2005-543 - 9/13/2005 - ApprovedEMERGENCY SHELTER GRAN'r AGREEMENT BE'rWEEN THE crrY OF CORPUS CHRISTI AND MARY McLEOD BETHUNE DAY NURSERY THE STATE OF TEXAS COUNTY OF NUECES KNOW AiL BY '[HEllE PRESEN'rs: This agreement ('~mement') Is made and entered I.[u by ~ City of Corpus Christi, a Texas hor~-~ rule municipal corpora[Ion ('Cit~"), acting through Its City Manager or the City Manager's designee ('City I~rta~er'), and Mary Md_eod Be~urm Day Nurae~, Inc. ("$ul~.ll~m~), a nonprofit corporation organized under the ~ of the S:~ of Texas. WHEREA~, there being a genuine need for support services for pemons who am homeless and for appropriate facilities In which to provide Ihe eervicee In lhe City of Corpus Christi: WHEREA8, providing support sen4ce~ to persons who am homelesa pmrnotea the I:.Jb~c welfare, health, and safety;, WHERE.a~, the City Is desirous of prov{dlng approprl=[= support aerv~ces to persons who am homeless; indel~)lxient living; WHEREAS, the Submclplent Is able and desirous of providing ~ al~roflrr~ ~:~ort services to pemons wfx~ am homeless and In need of assistance In order to Improve the quality of lYmlr livee; and WHEREA~, ~ City has allocated Emergency Shelter Grant ('ESG') ftmde In the amount of $13,000 to the Submciplent for asai~ance In providing support services for NOW, THEREFORE, the City and tJ'm Submciplent have severally and collecavely agreed and, by the execution of this Agmernent, am bour~l to the mutual ob~lgatiorm, pedormance, and accompllshrnent of the tasks described In this Agreement. SECTION 1. CITY'S FUNDING O~.IGA~ The City agrees to: 1.1 Funding. Provide t~ Submdp~ not mom than Thlrtaen ~ Dollam ($13.000) of ESG funds on a reimbursement basis. 2O05-543 09/13/05 M2005-3 ! 4 Ma~ Mrl.eod Betkune Day F~ge 1~'12 1-2 Relmbumenlent. Reimburse ESG funds t~ the Submciplent according to this Agreement and as folk)ws: (A) Not mom than $4,000 will be reimbursed to the Submcipient for the prov~lon of essential sen~ces to the homeless. (B) Not mom than $9,000 will be mimbumed to the Subraciplent for I:m~Fnent of maintenance and operating co~3. Re~nbumable opmaflng coat~ DO NOT Indude administrative co~, and mimbumable staffing coats may not exceed $1,800 of operating costa. SECTION 2. SUBRECIPIENT'8 FUNDING OBUGATIONS. Submciplmlt agrees persona, and provide superv~sk~ and oversight, by the Submclplent's Board of Dlrec- tom. of i:,~..'esslonal services provided by ~ Submctph~. 2.2 Sendeea and F~illtle~ Provide services and utilize the factlltle~ or bulldlng~ In ac~orda~ w~h th~ Em~ Sl'~lt~r Grants Program regulations co.~dned In the United States Code of Federal Regulations ('CFR'), 24 CFR Part 578, aa amended, In- cluding, but not limited to, b'x)se Federal mqulmme.~ contained In Sections 5 and 6 of this Agreement. 2.3 Permll~ and I. Ices~ng. Obtain and maintain any perm., om'dflcates, and licen- ses that am required of ttm atatecl acflvitle~ and of the facility or tim aervtcee offered therein by the State of Texas and any off'mr agencies having regulatopj JurledlclJon over the facility or services. 2.4 Rna~mlal Record. Record financial b'ansactions according to accrual accounting pmcedure~ or develop such accrual Informatkm t~mugh analys~ of the ~n CAy Manager or the Admln~b.lur of the City's Community Development DMaton ('CD'). 2.5 Acee~a t~ I~cord=. Provide acceaa to ali records, documents, relx)rta, or audits regan:llng rite aclJvffie~ fur~ded um:ler ~1~ Agreement. during mguter bueirmea hours, for purposes of the United States Depa,b.er~t of Housing and Urban Development ('HUD'), the City. or CD, in order to conduct audits o~ monitoring. 2.6 Information and Reflorl~. Provide any Information pertinent to fftl~ Agreement as the City Manager, the Administrator of CD, or HUD may Eom time to time request. 2.7 Nottfle~m~o~Chan~. NolJfytheCitywflfllnten(10)dayawhenlheacope, mnt level. 2.8 ~ of Fund~ Expend all ftmds ~olely for the activities described and ftmded under this Agreement and In accordance with HUD regulations. The Subredplent ~ reimburse the City for all City-provided ESG funda expertded by ~ Subredplef~ on MI~ D~' I'~ae~ I=Y05~ .a~rnt.~oc Pa{~ 2 ~12 activities not authorized ur~ler this Agraement or that am expended In violation of HUD statutcmj and regulatory provisions. 2.9 Rec¢~l Retenth~. The Submdplent shall retain all required records for throe years following the final payment made under this Agmernent and until all other pendlrtg n~-r~ers am ctosed. SECTION 3. TERIII; TERAIINATION; NOTICES. 3.1 Term. This Agreement commences o~ tt~e d=l= the City Manager executes this Agreemer~ provided the City's City Council has approved Its execution, and terminates on/koHl 30, 2007 3.2 Termlrmtlon. Elfl'mr party may termk'~k~ Ibis Agreement as of the last day of any month upon thirty (30) day~ prior w,~_,_-_ n notice to the olt~er party. 3.3 Notlce~. NI notlce~, demands, requests, or rallies pmvtded foror permitted under thl~ Agreement, by ellt~r party must be In writing and must be de#vered by one of the following rnefl'mds: (1) by personal delivery; (2) by defx~t wtth the United State~ Postal Se~ce as ~ or registered mall, retum receipt requested, postage prepaid; (3) by prepaid telegram; (4) by deposit with an o~amlght ~ deavery service, for which service has been pr~3ald; o~ (5) by fax ~. (B) Notice delx)ait~ wtt~ lhe United StaE,e Postal Service In the maaner described above will be deemed effeclNe two (2) buairmsa days after clepoait with the United States Postal Servtce. Notice by te~gram or overnight express de~ery aervtce will be deemed effective one (1) business day a~a~' tmn~rntsalon to the telegraph ~om- party or ova'night express carrier. Notice by fax bunarnlm will be deemed effeo- tire upon burmmblslon, with proof of confirmed deliver. ¢C) All suc~ communlcatlorm must only be made to the following: Ifto the C~' If to the Submctolent: City of Corpus Chdatl At,n: Admin., Community Dev. P. O. Box 9277 Corpus Chd~, Texas 78489-9277 (3s ) 82s-304s of e (361) 844-1740 Fax Mary McLeod Bethune Day Nursery Atl~: Executive ~ 900 Klrmey Avenue Corpus Christi, Texas 78401 (381) 882-732e of e (361) 882-1908 Fax (D) Eltt~r party may change the address to which notice Is aent by u~lng a meemd set out above. The Submc~pient ahall nolffy the City of an address change wlthln 10 SECTION 4. IN8URANCE AND INDEMNrrY PROVI810N$ 4~1 Uablllty Irmumn¢~. The Submclpient stroll have In force, throughout the term of this Agreement, insurance that coml:dle~ with the .t=ndard~ In Exhibit A. a copy of which Is at~ched to this Agreement and Incorporated In this Agreement by ,~;'.l~nca. A ce, ~;;'~_,ate evidencing lhe Submctplent's Ixov~don of Irm~ranca must be provided to the City's RISk Manager ('Rl~k I~rm~r') and the Administrator of CD at leas~ t~n (10) clays prlor to any expenditures of ESG funds by the Subreclptent. F-Ilum to rnalntain any of the types and limits of the insurance required by Exhibit A is cause for the City Manager or the Admlnl~;,,[ur of CD to t~rminate thIs Agreement and cancel any and all reimbu~ of ESG funds to the Submcipient. 4.2 Rm and E.,d ,t~l~ d Co~rage. The Submciplent shall also have In force, thn:xJgh- out the term of this Agreement and during the period which the facilities or bub:llng must be maintained as a shelter for the homeleea In _accn___rdanca wilh Section 5.2 of this Agreement and 24 CFR ~j576.53, as afftended, tim and extended coverage Insurance In the arno,mt Indicated In Exhibit A. Failure to maintain such Insurartca Is cause for rite City to terminate ~is Agreement and cancel any and all mimbumement, of ESG funds to Subrectpiem 4.3 NoUce to City. Subreciplent shall require its Insurance companies, w~U=n ponies, and cerUflcates of Insurance to provide that the City mu~t be given thirty (30) days ad- vance notice by the insurer prior to cancallatlon, nonrenewal, or material change of the ~nsumnce policies required by Exhibit A. 4.4 Rlghttol~-ev~luation and/U]Ju~t Umlt~. The R~skManagerretmmthe dghtto m .-'valuate the Insurance requirements during the term of this Agn~'nent m'td adjust the types and limits of such ins4amnca upon thirty (30) days written notice to Submctp- ~er~t Insurance types and limits may no~ be edJu~ted more frequently than once a year. 4.5 INDEMNIRCATION. (A) Subreciptent covenants and agrees that It will indem~ and hold City harmless of, from, end against ell claims, dema~ actfons, damages, losses, costs, liabilities, expenses, and Judgmm~ m- covered from or asserted against the City on account of Injury or the foregoing, workers' compensation, death, and premises de- fects) to the extent any such Injury or damage may be Incident to, arise out of, or be caused, either proximately or ra:,,otaly, wholly or in part, by an act or omission, negl~ or misconduct on the or Implied InvlMtion or permission of t~e Subreci~ or on the the facil~ being used pursuant to this Agreement and wfth or ~ 0~y Nuta~f FY 0506 A,gml. d~c Page 4 o~ 12 demnitees, the Subreciplw~ or any of Its agents, servants, em- ployees, contractors, patrons, guests, licensees, or invltees 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 facllWes by Indemnitees, the Subre- ciplent or any of Its agents, servants, employees, contractors, patrons, guests, licensees, or invltees, including, but not limited to, the failure of the SubrecipiM~ to maintain the FacilltleL (B) These terms of Indemniflcatfon are effecdw UlX)n the date of exe- cution of this Agreement and :'~h;~;.- such Injury or ~ may CUtTi~ negligence of Indemnitees, but not If such Injury or dim- (C) The Subreciplent covenants and agrees that, In case the City Is made · party to any Iltigadon against the SubrecilMent or In any Iidgadon commenced by any l~rty other than the Sut]n~ple~ re- lating to this Agreement, the Subreciptent shall, upon receipt of reasonable not~ce reg~rding commencement of litigation and at Its own expense, Investigat~ all claims and den~ attend to their s~ttl,:,.,:.~t or other disposition, def~_.J the City in all actions based thereon wfth legal cotmsel sa~sf~ to the Clty Attomey, and pay all charges of attonteys and all other costs and expenses of any kind whatsoever arising from any said ctaims, dentands, ac- 4.6 8ubrm:lplent Contr~; Independent Gontr~ct=r Status. In no event Is bhe City I~t~ for any contrac~ made by the Subrec~ v~th any person, partner~lp, firm, Agreement must be performed by the Subre~p~'~ or under Ils ~upetv~sion. It Is agreed by the parties to this Agreement that the Subreclphmt Is an Independent con- ~ncur any cle~;= or obligations o~ behalf of the City. SECTION 5. PROGRAM REQUIREMENTS 5.1 Matchin~ Fund~. (A) The Submclplent shall match the ESG funding pmv~llng by the City with an equal amount o~ funds from sources other ~an ESG funds. These matching funds must be provided .~'.-r the date of the grant award to the Subrectplent and the execution of bhis Agreement. Funds used to match a previous ESG grant may not be used to match a sul~equent grant award under thl~ Agreement. The Submclplent may comply with this requirement by providing the .uppk,..,nt.l r.e , or b~mugh supplemental funds or voluntary efforts provided by any non-Fxol~ Submctplent. (B) In calculating the amount of matching funds, there may be included the value of any donated material o~ building; the value of any lease on a building; any salary pak:l to staff of the Submclpk.~ In caring out the emergency shelter ixogram; and the time and ~ervlces contributed by volun'mem to carry out rite emergency shelter pro- gram, de~,rmined at the rate of $5 per hour. For the purposes of ~ .ubeactlon (B), the SubmclpMnt shall determine tyro value of any donated ~ or bulldh'tg, or of any lease, using any mettxx:l reasonably calculated to establl~ a fab' market value. (C) The Subrecipient shall b~ll the City on a cost-certffied bests for only those activities specified In this Agreement and whlc~ am matched on a dollar-for-dollar basis In accordance with this Section 5.1 and the regulations co~lned In 24 CFR ~576.51, as amended. 'T'he Submclplent shall submit matching funds support doctm~nlat~n which must be provided wi[;, each Invoice. 5.2 Uae as an Emergency Shell~r. (A) Any building for which ESG funds am used by the Sulxectplent for renovation for use aa an emergency shelter for the homeleea must be maintained as a .belier for tim homeless for not less bhan a throe-year period or, If the grant anx)tmts are um~l for major rehabilitation or conversion of a bulk:ling for [me as an emergency shelter, for not less than a lO-year period. The three-year and lO.-year pedoda ,efen'ed to in this subsection begin to run: (1) In the case of a building that was ~ operated as an emergency .tmil~ for the homeless before receipt of ESG funds unde~ Itti. Agreement, o~ the date of Inlttal occupancy as an emergency shelter for the homeless. (2) In lhe case of a building that was operated as an emergency .beltm' for lhe homeless besom receipt of ESG funds under ~ Agreement, on Itte date Ihat grant amounts am first obligated for the ~lter. (B) Any bulidrrgi for which ESG funds am used for tim provision of essential services to Itm homeless or payment of maintenance, operation, Insurance, utility, ~ fumtoh- ings costs must be maintained as a shelter for the homeless for Itm period dudng served. For purposes of ~1~ subeecUon, the term 'same general population' ~,1~ [).y I~.1~/FYOSO~ Agm~.~k~ P.geeof 12 means either the same types of homeless persons originally served ~ ESG funds (I.e.. battered spouses, runaway children, families, or mentally III indMduab) or per- sons in the same geographic area. I C) Using ESG funds for developing and Implementing homelesa prevention acflvttlaa does not trigger any period of use requirements. 5.3 Building Standard~ Any building for which ESG funds am usad for renovation, major mtmbllitaflon, or conversion must meet local government safety and sanitation ~[andards. 5.4 A~elalance to lite I I¢,,,,Mma.. The Submcip~ shall asalat homelesa Indlvtduala and families In obtaining access to apfxoprla~e supportive ear~ces, Including permanent housing, medical health treatment, couneallng, supervision, and other sarvlcea essen- tial for achieving independent IMng. Additionally, the Subrecipient shall asalat home- ~ Individuals and families in oblalning access to other Federal, State, local, and pri- vate aid that may be neoessary to such Individuals and families. SECTION 6. ADDITIONAL FEDERAL REQUIREMENTS. 6.1 Nondlm:dmll~lJo~ And Equal Ol~xtunlty. The Submclpient shall comply the following requirements: (A) The requireme,~;= of lhe Fair Housing Act, 42 United S'ua~e Code ('U.8.C.') ~:3601-19, and Impiementlng regub~tions at 24 CFR Part 100 et ~Cl., aa each may be amended; Executh~ Order 11063, aa amended by Executive Order 12259 (3 CFR. 1959-1963 Comp., p. 652, and 3 CFR, 1980 Comp., p. 307), aa each may be further amended; Equal Opportunity in Housing Programs and Impiemen'drtg regu- lations at 24 CFR Part 107, as each may be amended; Title Vl of the Civil Rlght~ Act of 1964 (42 U.S.C. §~2000d-2000d-4), aa it may be amended; and, Norx:llscrlm- ination In Federally Assisted Programs and Implementing regulations at 24 CFR Part 1, aa each may be amended; (B) The pmhtbtUons agah'~t discrimination on the basis of age under the ,Z~ge Dlec~lrnl- nation Act of 1975 (42 U.S.C. ~6101-07) and Implementing regulations at 24 CFR Part 148, as each may be amended; and the prohibitions against discrimination egalnat otherwise qualified Individuals with disabilities under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) and Implementing regulations at 42 U.S.C. §12101 at seq., and 24 CFR Part 8, aa each may be amended. For pur- poses of the ESG funding programs, the term 'dwelling units' in 24 CFR Part 8, aa it may be amemled, Includes sleeping (C) The requirements of Executive Orde~ 11248 and ~ supplemental regulations issued In 41 CFR Chapter 60, aa each may be amended; (D) The requlrerner,~ of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. §1701u, ~ implementing regulations at24 CFR Part 135 and 24 CFR §570.607(b), aa each may be amended; MI~ D~ Nu'mty _FYr~-~_ _ _ A~mt. ck>: Page 7et 12 (E) The requirements of Executive Ch:lets 11625, as amended by Executive Orders 12007 (3 CFR, 1971-1975 Comp., p. 816, and 3 CFR, 1977 Comp., p. 139) (Mlrtor- ity Business Enterprises), as each may be amended; Executive Order 12432 (3 CFR 1983 Comp., o. 198) (Minority Business EntMpflse Development), as each may be amended; and Executive Order 12138, as amended by Executive Order 12608 (3 CFR, 1977 Comp., p. 393, and 3 CFR, 1987 Comp., p. 245) (Women's Business Enterprise), as each may be further amended; and, The requirement that the Subredplent make knovm that use of the facltles and ser- vices I~ available to all pamons on a nondiscriminatory baals. Wl~ere tfm proce- dures that a Subreciplent uses to make known the avallaid#ty of such fac~tles and services am unlikely to reach pamons with disabilities or parsons of any particular race. color, religion, sex, age, or national origin within the Submciplant's service area who may qualify for them, the Subreciplent shall eatabllah acldltlonai proce- dures that wil ensure that t~se persons am made aware of the fadllbes and ser- vices. The Subreciplant shall also aclof~ and implement procedum~ designed to make available to Interested parsons Info,,,atlon concemlng the existence and Iocatlon for services and faclllbes that am accessible to persons w~th dlsebllltles. 6.2 AppllcMdllty of OMB Clrculam. The Subredplent shall comply with the policies, guidelines, and requirements that am applicable to the uae of ESG funds set forth In 24 CFR Parts 84 and 85 and Unrmd States Office of Management and Budget ('I:XIIB') Circular No. A-122 as they relate to the acceptance and use of ESG funds. (A) Subreciplent shall comply with the appilcebla requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. ~l~4821-4846), the Residential Lead- Baaed Paint 1~7~cl Reduction Act of 1992 (42 U.S.C. C~j~1851~), and the implementing regulations at 24 CFR Part 35, as each may be attended. (B) In addition, the Submciplent shall also meet the following requlrem~,ia relating to Inapectkm and abatement of defeclNe lead-baaed paint surl~ces: (1) Treatment of defeclJve paint surfaces must be per[ormed before final In- spactk)n ancl approval of any renovation, rehabllltation, or conversion acUvlty tmcler th~ Agreement; and (2) Appmprla~ action must be taken to protect shelter occupants from the hazards associated with lead-based paint abatement procedure~. 6A Coidlic~ oflnt~m~. In addltlontotheconfllctoflnterest provtslonsln OMB Cir- culars A-102 and A-110, no person who la an employee, agent, consultant, oftlce~', or elected or apl3oi,,iud offldal of the Subredplent that tacoma ESG ftmds and who e~er- claes or has eXEX'Ctsed any functlona or respo~slbiliflea with respect to asslated actlvf- 0es, or who Is in a position to participate In a dEK~sion-rneklng process, or who may gain ,nsicle Information vath regard to such act]vibes may obtain a pamonal or financial Inter- eat or benefit from ~ act]vffy or have an Interest In any contracL aubco, buclL or agme- rnent vdth respect thereto or business tlas during his or her tenure ~ for one year thereu-;',-r. HUD may grant an exception to this exclusion, upon prior w-;rum approval, '~ D~ Num=y FY0SOa A;mtdoc F~geaM12 as provided In 24 CFR ~j570.611(d), aa amended. In rite event the Subreclplent deske~ to obt, aln an exception to the exclusion from HUD, the Subreclplent must comply w~th 24 CFR ~570.811 and file a wT,'run application, containing full disclosure of the facts, with the Administrator of CD 6.5 ~ M Debm'md, Suapended, or Irml~lMe Co, d~ ,~to-.. 'The pmviMorm of 24 CFR Part 24, as amended, relating to ltm employment, engagenm~t of aervice~, awarding of contracts, and funding of any conffactm's or subco~i~actors during any period of debarment, suapermJon, or placement in inellgibity status, are applicable to the Subreclplent 6.8 Flood Irmurance. No s~te proposed on which mnovu[ion, major rehabllllatlon, or conversion of a building is to be assisted wffi't ESG funds may be located In an area lhat has been Identified by the United States Federal Emergency Management Agency ("FEMA') as having special flood hazards, unless: (1) the commmity In which the area ~s sittm~ud Is partJctpet~ In the National Flood Insurance Program and the regulatlorm thereunder (44 CFR Part~ 59 through 79), aa amended; and, (2) If the SlTUCtUm IS Io- ~ in a special hn~rd area, the Subreclplent shall ermum that flood Imumnce on the structure is obtained In compliance with Section 102(a) of the Flood Disaster I~otecUon Act of 1973 [42 U.S.C. ~j~z1012a(a) et seq.], as amended. 6.7 Coastal Bah'leto. In accordance with the Coaa~-I Barrier Resources Act, 16 U.S.C. ~3501, as ammxled, no ESG funds may be made available within b"m CoeVal Barrier Resource~ System. 6.8 Drug Frei WorI[pMM ALt M 1~ The Submdpient sh~l certify that E ~11 main- tain a dru~ workplace In accordance wffi3 the requlmmea'm of 24 CFR Part 24, Suboart F, as armmded. 6.8 CGFal~'k$ Act. The Subreclplent ahai comply with the Co~ 'An~-4Oc/xtmcb~ Act, 18 U.S.C. ,~874, as amended and as ~upplernented by United Statas Department of Labor regulations, 29 CFR Part 3, as amended. 6.10 ConlractWork ~ ami 8afMy~.act. TheSubmclplent~llcom- ply with Sections 103 and 107 of the Cch~bact Work Hours and Safety Standards Act, 40 U.S.C. ~j~329 and 333, aa amended and as ~upplemented by United States Depart- rnent of Labor regulations, 29 CFR Part 5, as amended. 6.11 Audit. The Submclplent is subject to the audit requlra~l~ of OUB Circular A- l 33. as set forlft in 24 CFR Part 45, as amended. 6.12 Relocation andAcqubWon. Cm~ste~tvaththeolha'goa~andoHectJv~of this Agreement. the Subreclplent shall ensure that It has taken all reasonable steps to minimize any disrHacen~ of pemons (farrfllles, Individuals, and farms) as a result of a project asMeted with ESG funds. SECTION 7. GENERAL PROV~K)NS. 7.1 VMi~. fi, for any reason, any section, paragraph, aubdMsion, clause, phrase, word, or provision of this Agreement is hekJ Invalid or unco~ by flnaJ Judgment of a court of competent jurledic'don, it shall not affect any other section, paragraph, dl~slon, r_,laLme, phrase, word, or pmvi~on of this Agreement. for It Is the delVilte Intent of the parties to this Agreement that every section, paragraph, subdlvMJon, ciauM, phrase, wcNld, and provision of ~ls Agreement be glvBn full force and effect for Its IxJr- 7.2 Ju~ and Venue. The laws of the State of Texas govern and am appli- cable to any dispute adslng under this Agreement. Venue Is In Corpus Chflstl. Nueces County, Texas, where lYibl Agreement was entered Iri~ and rnu~t be ~. 7.3 Nonexcluslve Servfl~. Noticing In this Agreement may be cor~tru~ 88 prohlbl- ting the Sulx. cip~ from entering In~ contracts w;;~~, additional parties for the perfor- mance of services similar or Identical to those e~umemted in INa Agmerne~ and nothing in this Agreement may be construed as pn:)htblflng the Submclplent from re- ceiving compensation flora such additional ~ parties, ixovlded that all other terms of this Agreement am fulfilled. T~4 ModlflcatJmm. Modifications t~ this Agreement am not effective unless signed by a duly authorized representative of each of the paraes to ~is Agmemerfc Modifications proved on bet~lf of the City by the City Manager. 7.5 CopM~ofRulMIrM Regulltlorm. Copiea of some of the ruleaand mguMtiorm refemncBd In this Agreement have been provided to Ihe S~Jbrectplent a~ evidenced by Exhibit B and Is incx)qx)mted Into lYlis Agreement by reference. Any faBum by the City to supply the Subreclplent w~ any other applicable laws. regulatlorm, ordl~, mleB, or policies not ~i~cl In Exhibit B does not waive the Subredplenfs compliance there-. w~ as required by [aw. 7.6 Dllclo~um of Intelsat. In compliance with Section 2-349 of the city's Code of Ordinances, ffm Subreciplent ehall comple~ tyro City's ~ of InMmst8 ~, which Is attached to this Agreement as ExhlMt C, the corltmlts of which, aa 8 complMed form, am I~ In fills document by r~eraflce 88 ff fully ~ out In Agreement. Execut~ in duplicate originals ~is ' ) day of CITY OF CORPUS CHRISTI Armando ~hapa City Secre~ry for the C~y Attorney ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF NUECES ~ K. Noe, City Manager of tt~e City of Corpus Chrtstl, a Texas municipal home- rule corporation, on behalf of the corporation. SUBRECIPIENT: MARY McLEOD BETHUNE DAY NURSERY, Inc., · Texa~ STATE OF TEXAS COUNTY OF NUECE$ KNOW ALL BY THESE PRESENTS: Thlslnstrumentwasaclmov,~dgedbefommeo~ ~j~c l~o ~ ~ ~ .2005. by ',,~r~,w,~ m~(~,.r,'~ .wholsthe ~-~,.,-h'O~ ~T~;r,-¢/'g~ (title) of Mary McLeod Bethune Day Nursery, Inc., a Texas nonpro~ corporation, on behalf olr ~ Public, S'~-'~, o~ Texa~ ~ Dmy Nurmety F'YOEO~ A~m~,~c Page 12o~12 EXHIBIT A INSURA/~-= I~r-r~ ~l~Elg~ Submdeier~ Li-hllltv Insurance A. Submctpient must not commence work under t~ls agreement until all Insurance rm:lulmd herein has been obtained and such Irmurarme has been approved by the City. Sutx'~:k)lent must not atiow any subcontractor to commence work urlal all simlhar Insurance required of the subcontractor has been o~t~ined. Su~nectpie~t must furnish to the City's Risk Msrmg~ two (2) coplem o[ Ce. Ulk ' -_ ol:lrmumnce, showing the following minimum coverage by Irmuranoe compm~a) acc~.~-hie to the City's Risk Manager. The City must be named as an additional Insured for a~ lablflty IXdlCleS, land a blanket waive~ of ~ubrogaflon i~ required on (all applicable policies. 1 2 3 4 6. 7 CommemM Fm'rn ~ InJ~ C In b%e event of accidents of any Idmd, Sub~ must fumleh the Risk Marmger wlltt coplem of all reports of such accidents wtU~in 10 days of the accident. Il AnDITION/U RFI3UIRFMI=NT6 CerUflca~ of Insurance: ff your insurance company uaM the ~m'~lmd ACORD form, Ihe ca,,ce/fl, Ue.~ (=loose and "carmMed', end deleting the wor~, "endeavor to", end dele(lng Ihe wording otter "lefff. At a min~num, a 34)-<lay ~ eotice of canceRatk)n, non-nmewal, ~1 c~ange, or termination, and a lO-day wrltlen nol~e of cancella~ion for m3n-payment of premium ~a required. B ff fire Ceftiflca~ of Insurance o~ rm face does not .how on Ia face the mdatence of the coverage required by Items 1.B (1)-(7), an authoriz~d rep~ of ~ rnaurance company muat IncJude a letter apec~:~lly ataUng whether Items 1.B. (1)-7) are in~uded o~ excluded. END EXHIBIT B ESG COMPLIANCE AFFIDAVIT COUNTY OF NUECE$ § OMB Cb~lar A-102 24 CFR Part 1, .3, 5, 8, 24. 35, 45, 84, 85, 107. 135 OMB Circutar A-110 OMB Circular A-122 OMB Circular A-133 and 146 24 CFR 570 and 576 41 CFR 60.1 and 60.4 sul~e,.~,,i~t's o~ of perfom~nce under theee rum and regulatlom. - Notary Pubic, Stal~ of Tm~a F. XI-ilHTT C m emf'timm-_ % L