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Home My WebLink AboutC2005-544 - 9/13/2005 - ApprovedEMERGENCY ~I'IELTER GRANT AGREEMENT BETWI;EN THE crrY OF CORPUS CHRISTI AND CC)RF~J9 CHR181'I METRO MINI~TRJE8 THE STATE OF TEXAS COUNTY OF NUECE$ KNOW A' ~ BY THESE PRESENTS: This agreement ("AOmement') Is made end e,-~h~ed In'0:) by ttm City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through Its CAb/Manager or the City Manager's designee ("City Mmm~), and Corpus Christi IVlebu Mlnlst]'les, Inc., (~ul:xa~ll:)lent'). a norq:xT:dit corporation orl~nized urxJer the lows of the ~ of Tox~8 WHEREAS, fi'mm being a genuine rmed fo~ eupport eec, ices for persons who am ~'x)mekass and for appropriate factllUes In which to pmvtde the senAces In the City of Corl:x.m Chdstl; WHEREAS, providing support eervtce~ to pemone who am homeless promotes the public welfare, health, and ~ WHEREAS, the City is desirous of pmvtdlng appropriate SUl~ort aervtces I~ pereons who am horrmless; WHEREAS, appropriate mJplx)rt services Inciude dece~t, safe, and sanitary ehelter, medical assistance, c~Jnseilng supewialon, and other services essential for achieving WHERE/kS, the Subreciplent Is able and desirous of providing ~ ~;~ eupport sorv~ to pomor~ w~ em homeless and in need of assistance In order to Improve the quality of their Ilvos; and WHEREAS, the City has allocated Emefger~y Shelter Grant ('ESG') funds In the amount of $43,000 to the Submct~lent for eaadstance in providing support 9ervtcea for th~ homeleu. NOW, THEREFORE, lhe City and b~ Subreciplent have eevemlly and collectively agreed and, by the execution of this Agreement, am Ix~nd to rite mutual obligations, performance, and accompllshrnent of the tasks described In Ibis Agreement. SECTION 1. CITY'S FUNDING O~.IGATION8. 'The City agrees to: 1.1 Funding. Provide the Submctpient not mom than Forty-Three ~nd Dollml ($43,000) of ESG funds on a mlmburseme~ bans. 2005-~14 09/13/0S ~ M20~-313 Corpus ¢'brist~ Mtqro Ml~btrle~ Pagal I 0~12 1.2 RelmbumemenL Reimburse ESG funds to the Subrectplent according to this Agreement and as fo~ows: ~A) Not more than $13,000 will be reimbursed to the Subreciplent for the prov~lon of essential services to the homete~. !B) Not mom than $24,000 will be reimbursed to tyro Subrecipkmt for payment of mal.~nance and operating co~. Relrnbursab~e operating cea~ DO NOT k~Jude admini~.iJve costs, and relmbursebla staffing co~ may no~ exceed $4,800 of operating ~ C) Not mom than $6,000 will be reimbursed to tim Submctpim~ for rite provtMon of homeless prevention services. SECTION 2. SUBRECIPIENT'S FUNDING OBUGATION8. Subrectplent agrees to: 2.1 ~ and Admln~ 8upporL Pmvtde suffident staff and administrative sup- port to can7 out tyro ~,~;~1 actlvttlas, supervise the delivery of m~rv~s to homeleas persons, and pmvtde super~lon and oversight, by Ute Subrectpie~8 Board of Dlrec- tom, of professional services provided by the Subrectplant. 2.2 Sero and Facilities. Provide services and utilize fl'm fac~Jes or buildings In accordance with the Emeq~ertcy Shelter Gm.~ Program regulations contalrmd In the United Sta~es Code of Federal Regulations ('CFR'), 24 CFR Part 576, as arrm~ded, In- ciucling, but not limited to, fix)se Federal requirements mn'mined ~ Sections 5 and 6 of this Agreement. 2.3 Parmil~ and Ucmmlng. Obtain and maintain any mits, certificate, and Ilcen- sea that am reClulred of the ~a~cl actlvltlas and of the facility or the aervtcas olfered therein by the State of Texas and any other agerx:las ha~ng regulatory Jurisdiction over the facility or servtce~. 2.4 Financial Records. Record financial msecflorm according to accrual acco~Jntlng procedures or develop such mi i~;c, mmtion through analysis of Itm documa~on on hand and provide an Independent audit for such expenditures upon request by the City Manager or the Administrator of the City's Community Developrrm~ Division 2.5 Accede to Record. Provide acce~ t~ all records, documents, reports, or audlls regarding the activ~des funded under this Agreement, during regular b~lnese hours, for purposes of the U~lted States Departrmmt of Housing and Urban Developrmmt ('HUD'), tyro City, or CD1 in order to conduct audits or monitoring. 2.6 Information and Repo~. Provide any infomudJon per~lnant to this Agreement as the C~ty Manager, Itm Admlni~u'~ur of CD, or HUD may from time to time requeet. 2.7 I~ of Change. Noflfy the Clty within ten (10) daya when the acope, funding, staffing, or services being I:.Ovk:led by the Submcipler~ change, fiom Its cur- CC. Mmm li~n~at~ FY~6~6 A,gmt.d,-x: Pag~ 2 ef 12 2.8 U~e of Fund~. Expend all funds solely for the activities described and funded under this Agreement and in accordance with HUD regulations. The Submclplent shall reimburse the City for all City-provided ESG funds expended by the Subreciplent on activities not authorized under this Agreement or that are expended In violation of HUD statutory and regulatory i)rovislons. 2.9 Record Retention. The Subreclpient shall retain all required records for three years following the final payment rode urx~er this Agreement and until all other pending matters are closed. 3.1 Term. This Agment comrnencaa on the date the City Manager ex~cut~ this Agmerne~ pmvkJed the City's City Coundl has aplxoved Its execution, and terminates on April 30, 2007 3.2 Termination. Either party may terminate this Agreement aa of the last day of any mon~ upon thirty (30) days prior written notice to the other party. Ail notices, demands, requests, or reFHlaa provided for or pe~ under this Agreement, by either party must be In writing and must be delivered by one o~ the following rneth(xla: (1) by personal delhM~/; (2) by depo~ with the United Sta'e~ Postal Service as cerUfled or registered mall, retum receipt requeeted, postage prepaid; (3) by prepaid telegram; (4) by deposit w~ an overnight express delh~ry service, for which ~ervlce has been prepaid; or (5) by fax tmnsmbalon. Notice deposited with the United States Postal Service In ~ manner described above will be deemed effective two (2) business days a;',-r detx~t with the United States Postal Service. Notice by telegram or overnight express dellvee/service will be deemed effective one (1) businaas day after tnanarni~ton to rite telegraph corn- pany or ovemlght express carrier. Notice by fax tmnamlaalon will be deemed tive upon transrnlaaion, with proof of confirmed delivery. All such mmunicaflons must only be mede to the following: If to the Submclole~ Corpua Christi Metro Ministries, Inc. Atln: Executive Director 1919 Leopard Street ~ Christi, Texas 78401 (381) 887-0151 (361) 887-7900 Fax (D) Either party may change the address to which notica is sent by using a rnetbxl set out above. The Submclplent shall notify the City of an addm~ change v~thln 10 working days after the address is changed. (;C Msim ~ FY05~ Agnlt.~loc Page 3 al' 12 SECTION 4. INSURANCE AND INDEMNITY PROVISIONS 4.1 Uablllty Insurance. The Submc~olent shall have in force, throughout the term of this Agreement, Insurance that complies with the standards in Exldbit A, a copy of which is attached to this Agmermmt and Incorporai~d In this Agreement by re;emnce. A certificate evidencing the Subrecipier~s pmvtsion of Insurance must be provtded to the City's Risk Manege~- ('Rl~k Manager') and the AdmlnH[,.iur of CD at least ten (10) days prior to any expenditures of ESG funds by the Subreclplent. Failure to maintain any of the types and limits of the Insurance required by Exhibit A is cause for the City Manager or the Admlni~b-tor of CD to terminate this Agreement and cancel arty and all relmbursernerffs of ESG funds to t~ Subrecipient. 4.2 Fire and F.x; nd,E Coverage. The Subreclpient shall also have In force, through- out the term of this Agreement and during the period which the facilities or budding must t)e maintained as a shelt~ for the homeless in accordance wflfl Section 5.2 of this Agreement and 24 CFR ~j576.53. as amended, fire and e____~ended coverage Insurance In the amour~ indicated In Exhibit A. Failure to maintain such insurance is cause for I~ City to terminate this Agreement and cancel any and all reimbursements of ESG funds ~o Submcil~em 4.3 NMice to City. Subn~iple~ shall require its insurance companies, w¥1'u=n policies, and ca,[i;'~=ates of Insurance to provide lhat the City must be glve~ Ittlrty (30) days ad- vance rtottce by the Insurer prior to cancellation, nonrenewal, or material change of the insurance policies required by Exhibit A. 4.4 Right to R~-~valu.tlo. -nd N!lutt Umlto. The Risk Manager retains the right to m-eveluate the Insuranca requlrern~,l~ during the term of this Agreement and adjust the types and limits of such insumnca upon thirty (30) days written notice to Submcip- )ent. Insumnca types and limits may not be adjusted mom ;fuquent]y than once a year. 4.5 INDEMNIFICATION. (A) Subrec/p/ent covenar~ and agrees that/t wi//indemn/~ and ho/d City harmless of, from, and against all claims, demands, actions, damages, losses, costs, ~~abilities, expMmes, and Judgnmnts re- recta) to the extent any such Injury or damag~ My be Incident to, or in part, by an act or omission, negl~, or misconduct on the part of t~e City, Its oMcers, employees, or agents (=lndemnitees"), acting pursuant to this Agreement end with or without the express part of the Subrectplent or any of Its agents, servants, employees, coneactors, patrons, guests, licensees, or invitees entering upon the faci//des being used pursuent to this A~r;s.,.a.'~t and with or £ Me~c ~ FY0~)6 ,qQrnl~-~ Page 4 d 12 without the express or Implied inv~tlon or permission of the Subreciptent, or when any such Injury or d. rnage 1~ the result, proximate or remote, wholly or in part, of the violation by In- demnitees, the Subreciptent or any of Its agent~, servant., em- ployees, coniracfors, l~trons, gue. ts, licensees, or Invilees of any law. ordinance, or governmental order of any Idnd, or when any such Injury or damage may in any other way arise from or out of the use or occupancy of the facilM by Indemnliees, the Subre- to, the failure of the Subreciplent to Mint, In the Facilltfes. (B) These terms of Indemniflcat~on are effectfve upon the date of exe- cut~n of this Agreement and ::~glhc.- such Injury or d. rnage may current negligence of Indemnliees, but not If such Injury or dam- age may result from gross negligence or vAIIful misconduct of In- (C) The Subreclplent covenants and .grees that, In case the City Is made a party to any Iltlgatfon against ~ Subrectplent or In any litigation commenced by any party other than the Subreciplent re- latfng to this Agreement, the Subrecl~ shall, upon receipt of own expense, In~ all claims and demandS, attend to their settlement or other disposffion, defend the City In all actkms and pay all cha~ of attorneys and all other costs and expenses of any kind what~ver arising from any said claims, dema~ ac- (D) The indemnlficatfon provisions of this sectfon survfve the termina- tion or expirab~n of this Agreement. 4.6 Subr~plent Contr.~; Independent Contractor Statu~. In no event Is the City liable for any co,,bm,~ made by the Subm(dpieflt with any person, pmlnm~ip, firm, corpo~u~on, association, or governmental body. All of the senses required by thl~ Agreement must be pedorrned by the Submciple~ or under Its supervision. It Is agreed by Itm parties to this Agreement that !~ Submcipie~ is an Indepetxle~ ctxt- tractor providing the services on behalf of ~ City and that the Subrectpier~t may no~ ;ncur any deb~ or obligations on behalf of lhe City. ' ;C IVm~ I~ ~a'l~ FY~606 ,~rntd~ Pa~ 60~12 SECTION 5, PROGRAM REQUIREMENTS 5.1 Matching Funds. =A) The Subrectpient shall match the ESG funding providing by ttte C, Ity wtlh an equal amount of funds from sources other than ESG funds. These rnat=hing funds must be provided after the date of the grant award to ttte Subredplant and the execution of l~s Agreement. Funds used to match a previous ESG grant may not be used to match a subsequent grant award under this Agreemert The Submctpient may comply with this requirement by prov~llng the supplemental ftztcle II~eif, or through supplemental funds or voluntary efforts pmvtckKI by any non-profit SMxe~plent. = B) In calcul.~,g the amount of rrtatchJng funds, them may be included the value of any dorlstad matarlsl or building; the value of any lease on a building; any salary paid to staff of the Subrectl:~mt in carrying out ~ emergency shelter program; and the gram. determined at the ,ute of $5 per hour. For the pu~ of this subsection (Bi, the Submc~pient shall determine the value of any donated rn.~'lal or building, or of any lease, using any method reasonably calculated to establish a fair market ~C) The Subreciplent shall bill the City on a C(~st-ce~U;'.KI basis for only those activities specified in this Agreement and which am matched on a dollar-for-dollar basis In accordance with this Section 5.1 and the regulations co.i~lned In 24 CFR ~j576.51, as amended. The Subre~pient shall azbmit rnatching funds support documentation 5.2 Uae .~ an Emergency Shelter. ~A) Any building for whicfl ESG funds am used bythe SubmclpWnt for renovation for use as an emergency shelter for the homelese must be mined as a shelter for the homeless for not less than a three-year period or, If the grant arno~ am used for major rehabilitation or conversion of a building for uae se an emergency shelter, for not less than a 10-year period. The three-year and 10-year periods ~.'~'(ed to m th~s subseclJon begin to run' (1) In the casa of a building that was not operated as an emergency shelter for the homeless before receipt of ESG funds under this Agreement, on Ihe da~e of Initial occul~'~y as an emergency shelter for the homeless. (2) In fl're case of a building that was operated as an emergency shelter for b"te homeless belt-re receipt of ESG funds under ~ Agreement, on I~e da~e that grant amounts are ;'.~. obligated for the shelter. (B) Any building for which ESG funds am used for rite provision of mi servtcee to the homeless or payment of rnaJntenanco, operation, Insurance, utility, or furnish- ings costs must be maintained as a shelter for the homeless for the period during which such asNstance Is pn:wided under this Agreement. A .ubsalute .Y(e or shel- ter may be used dudng this period .o long as the same general populaUon Is served. For purposes of this subsec~n, the term 'same gertend population' ;C, MMm I~,lr,,Mlle~ ~ A,gmt. c~)c Page 6 ~ 12 means either Me same types of homeless persons orlglrmlly served with ESG funds ¢i.e.. Dattef~l spouses, runaway children, families, or mentally III Individuals) or per- sons in the same geographic area. · C) Using ESG funds for developing and impiemer~ting homeless prever~n actlvltkm does not trigger any period of usa requlremenls. 5.3 BulkJIng Standard~. Any building for which ESG finds am used for renovation, major rehabilitation, or convemion mu~t meet local government eafaty and sanitation ~andards 5.4 As~iMartce to tl~ Homeleaa. The Submciplent shall assist homeless Individuals and families In obtaining access to appmp~ suplx~ve ~ Inciudlng permaner~ housing, medical health tmab~mnt, counseling, supervision, and ol~er sarv~ces eaeen- rial for achieving independent living. Additionally, the Subreclpient ~tmll asset home- m indhnduals and families In obtaining access to ottmr Ferleml, State, local, and pri- vate aid that my be rmry to such Indlv'~cluals and families. SECT1ON 6. ADDITIONAL FEDERAL REQUIREMENTS. 6.1 Nondi~crlmlnatJo~ And Equal Opportunity. The Submclpie~ ~all comply with the following recluimmeJ~[~: ~A) The requimme~ of tyro Fair Housing Act, 42 United S'u~m Code ('U.$.C.') ~3601-19, and Implementing regulations at 24 CFR Part 100 et saq., aa each may be amended; Executive Order 11063, es arrmrided by Executive Order 12269 (3 CFR. 1959-1963 Comp.. p. 652, and 3 CFR, 1980 Comp., p. 307), as each may be further amended; Equal Opportunity In Housing Progmrrm and Implementing regu- latmns at 24 CFR Part 107, es each may be arrmnded; Title Vl of the Civil RJght~ Act of 1964 (42 U.S C. ~2000d-2000d-4), es it may be amended; and, Nondiscrim- ination In Federally Asalsted Programs and impiementtng regulatkms at 24 CFR Part 1, as each may be amended. The pmhlbiflona against discrimination on the basis of age under the Age Di~crlml- nation Act of 1975 (42 U.S.C. §~6101-07) and Implementing mgulatlorm at 24 CFR Part 146, aa each may be amended; and tfm prohibitions against dlacrlrnk'mt~n against otherwise qualified Individuals w~ disabilities under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) and impierne~ng 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 farm 'dwelling units' in 24 CFR Part 8, as it my be arner~. Includes sleeping accommodations: (C) The requimrm~[~ of Executive Order 11246 and the suppleme~-~[al r datk3ns iasued In 41 CFR Chap~' 60, as each may be arner~led; (D) The requlmrnef~ of Section 3 of fl'm Houaing and Urban Developmer~t Act of 1968, 12 U.S.C. §1701u, and implementing regulations at 24 CFR Part 135 and 24 CFR §570 807(b), as each may be amended; · ;C ~ I~rle~ FY050~ A~ml.~c Page 7 ~ 12 The requimrnents of Executive Ordain 11625, as amended by Executive Ordain 12007 (3 CFR. 1971-1975 Comp.. p. 616, and 3 CFR, 1977 Comp., p. 139) (Minor- ~y Business Enterpnsea), as each may be amended; Executive Order 12432 (3 CFR. 1{N~3 Comp., p. 198) (Minority Business Enterprise Developme~), as each ma), be amended; and Executive Order 12138, as amended by Executive On:ler 12608 (3 CFR. 1977 Comp, p. 393, and 3 CFR, 1987 Comp., p. 245) (Wornsn'$ Business Enterpdsel. as each may be further amended; and, ; F) The requirement that lite Subrecipler~t make known that use of the fadiltles and ser- vices is available to all persons on a nondlscrlrninu~ury basis. Where ~ IXtX=e- duras that a Subreclplent uses to make known fl'm availability of such facilltJas and race color, religion, sex. age, or national origin within the Subreciplent'a service area who may qualify for them, the Subreciplent shall es[ablish eddltlonel IXOCe- duma that will ensure that these persons am made aware of the fadlltles and ser- vices The Submctpient shall also adopt and Implement procedures designed to make available to ii-~i~asted persons InformaUon concerning the existence and Iocaticm for servtcas and facill'das that are acce~lble to peraons with dleabllltle~. 6.2 Apflllcablllty of O~B Clmulam. The Submclpie~ sttali comply wlflh the polk:las, guidelines, and requirements that ara applicable to the uae of ESG funds set fo~lh in 24 CFR Parts 84 and 85 and United States Office of Management and Budget ('O~B') Circular No. A-122 as they relate to the acceptartce and uae of ESG funds. ~A) Subra:lpl~t shall comply wi~ the apflllcable requlrement~ of the Lead-Baaed Palm Poisoning Prevention Act (42 U.S.C. r~1821-4848), the Residential Lead- Baaed Paint H-~'~rd Reduction Act of 1992 (42 U.S.C. ~j~1851-4858), and the implementing regulations at 24 CFR Part 35. as each may be amended. ~B) In addition, the SubrerJplent shall also meet the foflowfng requirements relating to inspectJorl and abatement of d~'~:tlve lead-based paint surfaces: (1) Tmab,~nt of defective paint surfaces must be pedormed b~'um final In- spectJ(m and approval of any renovation, rehabilitation, or conversion ac~vlty under this Agreement; and (2) A~opmprlate action must be taken to protect shelter occuper~ from the hazards associated with lead-based paint abatement procedures. 6.4 Confllcl~ of Intere~,. In addition to the corffllct of interest pmvtelons In OMB CIr- culam A-102 and A-110. no person who is an employee, agent, consultant, officer, or ea~ctad or appoint~l offldai of the Subredplent that receh~ F_SG funds and who exer- ~ or has exercised any ftzx=tJons or rascxmsibllttles with respect to ~ actlvf- ties, or who is In a position to participate In a dectelon-maldng process, or who may gain inside Information with regard tn such actlvitlas may ob[aln a personal or flna~3clal Inter- est or benaflt from the ectlvffy or have an Interest In any c~buct, subctx,bact, or agree- merit ~ re~oect thereto or busir',c,,,=a ties during his or her tanum and for one year thereafter. HUD may grant an exception to this exclusion, upon prior wfllten approval, as provk:led in 24 CFR §570 61 l(d), as amended. In the event the Subredplent desires to obtain an excep~n to the exctusk:~ from HUD. the Subrecipient must corni~ wfl:h 24 CFR §570.611 and file a written application, conhaining full disclosure of the facts, with .rite AdminlstTator of CD 6.5 U~e of Debarred, Suspended, or Inellgllde Contractom. The provisions of 24 CFR Part 24, as amended, relating to rite employment, engagement of services, awarding of contracts, and furx:llng of any co,b,.,ctors or su~ce~l~ff~ during arty ~ of deba,,,~'~t, suseension, or plecernent in Ineligibility status, are aplfllcabie to the Subreciplent. 6.6 Rood Insurance. No site proposed on which re~ovetlon, major rehabilitation, or conversion of a building is to be assisted with ESG funds may be located In an area that ~ been Ider~ by the Unltod ~ Federal Emergency Management Agency ~'FEIIA') as having special flood 1~7-rds, unless: (1) the community In which the ama ~s situa~:l Is perticipetlrtg In the National Flood Insurance Program and the regulationa thereundor (44 CFR Parts 59 through 79), as amended; and, (2) Ifthe abdcture ls Io-- cated ~n a special 1'~7;,rd ama, the Subreclpient shall ensure that flood Insurance on the struc~re is ob~ined in compilence with Section 102(a) of the Flood Disaster Protection Act of 1973 [42 U.S.C. §~10128(a) et seq.], as amended. 6.7 Coastal Barrlem. In accordance with the Coastal Barrier Reso~rcas Act, 16 U.S.C. ,~..%501, as amended, no ESG funds may be made available witJ'~n the Coa=,l=l Bamer Re~)urces System. 6.6 Drug Free Workldaee Act of IM8. The Subrectpient shall cerlffy that It will main- rain a dmg-fTee workplace in accordance wflfl the requlremer,~ of 24 CFR Part 24, Subpart F. as amended. 6.9 Cofleland Act. The Submclplent shall comply writ the Copelend "Anit-K]ckba~ Act. 18 U.S.C. §874, as amended and as su~lemented by United States Depertment of Labor regulations, 29 CFR Part 3, as amended. 6.10 Contract Work Houm and ~ Stand~rda Act. The Subredplant shall com.- ply w~th Sections 103 and 107 of the Conbuct Work Hours and Safa('y Standard8 Act, 40 U.S.C. ~j~q29 and 333, as arnended and as supplemented by United S'mtas Depart- ment of Labor regulations, 29 CFR Part 5, as amended. 6.11 Audit. The Subrectplent is subject to the audit requlrerr~-~;~ of OMB Circular A- l 33 as set forth ~n 24 CFR Part 45, as amertded. 6.12 Relocation end Acqui~lon. Consistent with the other goals and o~ of this Agreement, the Subreciplent shall ermure that it has taken all reasonal:4e steps to minimize any displacernent of persons (famlllas. individuals, and farms) as a result of a i:xoject assisted with ESG funds. SECTION 7. GENERAL PROVISION8. 7.1 Validity. If, for any reason, any section, paragraph, subdivision, ciauae, phrase, word, or provision of this Agreement is hetd Invalid or uncor~l by final Judgment CC ~ l~t~=t~, 1=¥05{~ A,grnt.~,c Pag~ 9 ~ 12 of a courl of c~'nl3etent jurisdiction, it shall not affect any other section, paragraph, sub- divisa3n, clause, phrase, word. or provision of this Agreement, for It la the definite Inl[ent of lyre oarties to this Agreement that every section, paragraph, aubdlvtalon, clause, ohms,e, word. and provision of bhis Agreement be given full force and effect for Its pur- 7.2 Judm:ktlon end Venue. The laws of the State of Texas govern and am aPl~- cable to any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces County. Texas, where this Agreement was entered ii~o and must be performed. 7.3 Nonexclu~hm 8endce~. Nothing In this Agreement may be construed a~ prohibi- ting the Submciptent from entering Into conlnacts w~th additional partle~ for l]le perfor- mance of services similar or identical to those enumerated In this Agreement, ertl nothing in this Agreement may be construed as prohlbltlng the Submciplent [~om re- ceiving compensation f, um such additional con,actual parties, provided that all other ~erma of ~ls Agreement am fulfllk~cI. 7.4 Modlflcatlorm. Modifications to this Agreement am not effective unleea signed by a duly authorized representative of each of ~ parties to this ~ ModlflcaUm~ which do not change the essential scope and purpose of this Agreement may be ap- proved on behalf of Um City by bhe City Manager. the Submclplent's ESG Compliance AflMavtt, which Is attached to I~la Agreement aa Exhl~ B and is incorporated h]tu Ibis Agreement by reference. Any failure by the City to supply the Subreciplent with any other applicable laws, regulations, ondlrmncea, rules, or policies not stated In Exhibit B does not waive the Subreclplent'a compliance them- with as requlmcl by law. 7.11 Diaclo~um of Ir~mat. In coml~lance wtth Section 2-349 of the City's Code of Ordlnarmes, the Submcipient shall compleX, the City's D/ec/oata,e of Intems~ form, which is attached to this Agreement as Exhlflit C, the corfmr,[~ of which, as a completed form. am Incorporated In this documerff by re~'emnce as If fully set out In this (EXECtJ*TION PAGES ",C Mmm 1,4r,mM~ FYOSO8 Agra Laac Page 10 o~ 12 Executed in duplicate originals this A'I'I'EST. CrTY OF CORPU8 CHRISTI Armando Chapa City Secretory City Manager rney (' .,; [or the City Attorney '-" STATE OF TEXA~ ~ COUNTY OF NUECE$ ~ George K. Noe, City Manage~ of the City of Corpus Chdstl, a Texas municipal home- rule corlx~uEon, on behalf of the corporation. Notary Public, State of Texas :lC M~m ~ FYOS0~ A~rm.~.c Page 11 o~12 SUBRECIPIEHT: CORPUS CHRISTI METRO MINI~TRJES, INC. STATE OF TEXA~ ~ COUNTY OF NUECE$ rj KNOW ALL BY THESE PRESENI~: of Corpus Chdstl Mel]'o Mlnlst]'le~, Inc., a Texas non-profit corporation, on behalf of the Notary Pubtlc, State of Texas 'r';C Maim Mn'aMa" ~ A~mt-doc Peg~ 120~ 12 EXHIBIT A A $~e I i~'qtttv Insurance Subrectpient must not commence work under this agreement until all Insurance required heroin has been obbiined and such insurance has been approved by ttm City. Submctplent must no~ allow any subcontractor to commence work until ,all sirnllar Irmurance required of the subcontractor has been obtained. Subrecip~ent must fumlah to the City's Riak Mar~ger two (2) coplee o~ C_,erUflcat~ of Insurance, showing the following minirnum covenage by insurance company(s) accet~ab~ to tt~ City's Ri~ Manager. The City rnt~t be named as an addltion-I Ir~umd for all Ilabllty policies, and a blanket waiver of subrogaflo~ Is required on all applicable policies. 5 Irk~pend_ ~ Conl~12om Broad Form Property DmTtage 7 Petao~aJ InJt~ i C. In ttm event of acctden'm of any kind, Submctptentmustfumi~httmRlakManagerwtthcot~s of all reporla of such acctdent~ wfl~ln 10 days of ttm accklent. II ADDmONA~ RFeUIRFMFNT$ Ce, iJf1%,~te of Inaurance: If your ir~uranoe company u~ee the ~tandard ACORO fo~m, the oanod tlo.~ ciauee * The name of the project mu~t be ~ under 'Description of Opem'dmm" At · minimum, · 30=day ~ m3tice of canceNatlon, non-mnewM, matmlal change, or termlna'don, and a lO-day wrll~n no,ice of ~ for no~-payment of premium ia required. If the CertJrmate of Irmumnce on its face cloee not show (m I1~ face the existence of the coverage required by item~ 1.B (1)-(7), an a~ rel:h~r,~"dcut.l~ of the ,naurance company must indude a letter ~eciflcally ~tlng whether Itmrm 1 .B. (1)-7) am Included o~ exciuded END 10-2ff~O~ el~ R ~lk Mgllll EXHIBIT B ESG COMPLIANCE AFFIDAVIT · I'ATE OF TEXA3 ~ COUNTY OF NUECE8 § At~nt: KNOW ALL BY THE~E PI~Ek'T~: Affmm, on oaU,, sweam the folowing mtatementa are true: c ¢,s i Iq, r frie< ,aTe~anonprofltcoq,~.~lYun, whichtum.ppled fo~ and been awarded Emergency Shel'mr Gram ("ESG') Program fund~ adrn~k'mr~ by the Clty of Corpus Chrtsti ('City"). Prior to the atart of the project for which ESG ftmda warn City ataff and received coplea of the following Federal rulee and mgulatlorm: OMB Circular A-102 24 CFR Part 1, .3. 5, 8, 24, 35, 45, 84, 85, 107, 135 OMB Circular A-110 OMB Circular A-122 OMB Circular A-133 and 146 24 CFR 570 and 576 41 CFR 60.1 artd 60.4 By execution of this affidavit, I atlDe~t that I have r~c~ived the abo~e Ilated Federal mica artd regulations, CMy staff have explained h'm rule~ and regulalJona, and I undma'mm~ the submcipier~s obllgatk)ns of performance under thele rulee and mgulatlorm. EXHIBIT C / , " Aq~leaa . ~ ~ 'lm/fmmCll?o~mlm~Tm"mummlmli~'immm~mm Wmmlm, lmm~mmm' ~m~ ' '- miaek~,.Io~ml,= ,~%, ~ ork--.L,--~---=---' 'widdib, . ' ',