HomeMy WebLinkAboutC2013-231 - 5/14/2013 - Approved ORIO-INAL
EMERGENCY SOLUTIONS GRANT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
MARY McLEOD BETHUNE DAY NURSERY
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This r en ("Agreement') is made and r into by the City of or us Christi,
Texas home-rule municipal corporation ("City"), acting through its City Manager or the
City Manager's designee ("City '), and Mary McLeod u y Nursery,
Inc. (" r i i "), a nonprofit corporation organized under the laws of t
Texas.
there in nui for support services for persons who are
homeless and for appropriate facilities in which to provide the services in i of
Corpus ris i;
providing u a services to persons who are homeless promotes the
public welfare, health, and safety;
a City is sirous of providing ro ri t u o ices to persons
o are o I ss;
appropriate support i include a n , safe, and sanitary shelter,
medical assistance, counseling u a ision, and other services nti I for achieving
independent living;
WHEREAS, the Subrecipient is Ie and desirous of rovi in appropriate support
services to persons who are homeless and in need of ssis no in order to improve the
quality oftheir lives; and
WHEREAS, the City allocated Emergency Solutions Grant (" ")funds in the
aunt $13,718 r fiscal year 2013-2014 to the Subrecipient for assistance in
providing support is for the homeless.
NOW, THEREFORE, the City and the Subrecipient have severally and collectively
agreed and, by the execution oft is Agreement, are bound to the mutual obligations,
performance, n oaa lip en oft the tasks described in i Agreement.
SECTION 1® I TY'S FUNDING OBLIGATIONS. The City agrees too
®1 Funding. Provide u rei i n up to Thirteen Hundred
and Eighteen Il ($13,718) of funds on a reimbursement basis.
2013-231
Or d. 029831 Page 1 of 12
Mary McLeod Bethune y INDEXED
® Reimbursement. Reimburse ESG funds to the Subrecipient according to this
Agreement and as follows:
(A) Up to and not more than $13,718 will be reimbursed tot reci pien t for the
provision of emergency shelter activities to the homeless.
SECTION 2. SUBRECl ENT'S FUNDING OBLIGATIONS. Subrecipient agrees to:
®1 Staff and Administrative Support. Provide sufficient to and administrative sup-
port to carry out the stated activities, supervise the delivery of services to homeless
persons, and provide supervision and oversight, by the Subrecipient's Board of Direc-
tors, of professional services provided by the Subrecipient.
2.2 Services and Facilities. Provide services and utilize the facilities or buildings in
accordance with the Emergency Solutions Grants Program regulations contained in the
United States Code of Federal Regulations ("CFR"), 24 CFR Part 576, as amended, in-
cluding, but not limited to, those Federal requirements contained in Sections 5 and 6 of
this Agreement.
2.3 Permits and Licensing. Obtain and maintain any permits, certificates, and licen-
ses that are required of the stated activities and of the facility or the services offered
therein by the State of Texas and any other agencies having regulatory jurisdiction over
the facility or services.
2.4 Financial e® Record financial transactions according to accrual accounting
procedures or develop such accrual information through analysis of the documentation
on hand and provide an independent audit for such expenditures upon request by the
City Manager or the Administrator of the City's Community Development Division
("W").
® Access to Records. Provide access to all records, documents, reports, or audits
regarding the activities funded under this Agreement, during regular business hours, for
purposes of the United States Department of Housing and Urban Development ("HUD"),
the City, or CD, in order to conduct audits or monitoring.
® Information and Reports. Provide any information pertinent t o t his Agreement as
the it Manager, the Administrator of CD, or HUD may from time to time request. Sub-
recipient all adhere and comply with the reporting requirements mandated fort e
Homeless Management Information System (HMIS) administered by the City as a
condition of receiving funds under this Agreement.
2.7 Notification of Change. Notify the City within ten (1 0) days when the scope,
funding, staffing, or services being provided by the Subrecipient changes from its cur-
rent level.
2.8 Use of ® Expend all funds solely fort e activities described and funded
under this Agreement and in accordance with HUD regulations. The Subrecipient all
reimburse the City for all City-provided ESG funds expended by the Subrecipient on
activities not authorized under this Agreement or that are expended in violation of HUD
statutory and regulatory provisions.
MMS Day Nursery FY 1314 Agmt Page 2 of 12
2.9 Record Retention. The Subreciplent all retain all required records for three
years following the final payment made under this Agreement or until all pending
matters are closed, whichever is later.
SECTION 3. TERM; TERMINATION; NOTICES.
3.1 Term. This Agreement commences on August 1, 2013, and terminates on
July 31, 2014.
® Termination. Either party may terminate this Agreement as of the last day of any
on upon thirty (30) days prior written notice t o t he other party.
3.3 Notices.
(A) All notices, demands, requests, or replies provided for or permitted under this
Agreement, by either party must be in writing and must be delivered by one of the
following methods: (1) by personal delivery; (2) by deposit with the United States
Postal Service as certified or registered mail, return receipt requested, postage
prepaid; (3) by prepaid telegram; (4) by deposit with an overnight express delivery
service, for which service has been prepaid; or(5) by fax transmission.
(B) Notice deposited with the United States Postal Service in the manner described
above will be deemed effective two (2) business days after deposit with the United
States Postal Service. Notice by telegram or overnight express delivery service will
be deemed effective one (1) business day after transmission tot telegraph com-
pany or overnight express carrier. Notice by fax transmission will be deemed effec-
tive upon transmission, with proof of confirmed delivery.
(C) All such communications must only be made to the following:
If to the..0 : If to the Subrecipignt:
City of Corpus Christi Mary McLeod Bethune Day Nursery
Attn: Admin., Community Dev, Attn: Executive Director
Box 9277 900 Kinney Avenue
Corpus Christi, Texas 78469-9277 Corpus Christi, Texas 78401
(361) 826-3045 Office (361) 882-7326 Office
(361) 844-1740 Fax (361) 882-1908 Fax
(D) Either party may change the address to which notice is sent by using a method set
out above. The Subrecipient shall notify the City of an address change within 10
working days after the address is changed.
SECTION 4. INSURANCE AND INDEMNITY PROVISIONS
4.1 Liability Insurance. The Subrecipient all have in force, throughout the to of
this Agreement, insurance that complies with the standards in Exhibit A, a copy of
which is attached to this Agreement and incorporated in this Agreement by reference. A
MMB Day Nursery FY 1314 Agent Page 3 of 12
certificate evidencing the Subrecipient's provision of insurance must be provided to the
City's Risk Manager("Risk r") and the inistrator of CID at least n (1
days prior to any expenditures of y the u reci Tent, Failure to maintain
any oft the types and limits of the insurance required x i i is cause for the City
Manager or the Administrator of CD to terminate this Agreement n cancel and all
reimbursements of ESG funds to the Subrecipient.
4.2 Fire . The Subrecipient shall also have in force, through-
out e term oft is Agreement and during period is the facilities or building must
be maintained el r forte homeless in accordance with Section 5.2 oft this
Agreement n 3® as amended, fir n d extended coverage insurance in
the amount indicated in i i Failure to maintain such insurance is cause for the
City to terminate t this r e en and cancel any and II reimbursements o funds
to Subrecipient.
4.3 Notice City. Subrecipient shall require its insurance companies, written policies,
and certificates o insurance o provide that the City u e given thirty (3 days
ad-
vance notice by the insurer prior tocancellation, nonr n vv i® or material change of
insurance policies required y Exhibit
4.4 Right to - i ti i it ® T The Risk Manager retains the right to
re-evaluate the insurance requirements durin term of this re nt and adjust
the types and limits of such insurance upon thirty (3 0) days written notice o Subrecip-
ient. Insurance y e and limits may not be adjusted or r my than once a year.
4.5 INDEMNIFICATION.
Subrecipient covenants and agrees that it i indemnify
City harmless of, from, i i , demands, actions,
damages, losses, costs, liabilities,
from i nst the City on account of injury
damage to persons or property (including, i
foregoing,the i ,
injury or damage may be incident to,
arise , either proximately
or in i i misconduct
part of the i , its i , " i ") ,
acting i with i
or implied i i on of the Subrecipient, or on the
part of the Subrecipient or any of its , employees,
contractors, patrons, guests, licensees, or invitees i
the facilities i i with r
without implied i tation or permissi
Subrecipient, or when any such injury or damage is ,
proximate in , of the violation
In-
demnitees, the Subrecipient its ,
em-
MMB Day Nursery FY1314 Agmt Page 4 of 12
pioyees, contractors, patrons, guests, licensees, or invitees
law, ordinance, or governmental order of any kind, or when any
arise such injury or damage may in any other way r out of
the use or occupancy of the facilities by Indemnitees,
Subre-
cipient or any of its r servants, employees, contractors,
patrons, guests, licensees, or invitees, including, but not limited
r the failure of the Subrecipient I I
indemnification(B) These terms of
exe-
cution
negligence result from the contributory
of r as applicable,
negligence or willful misconduct
Subrecipient covenants and agrees that, in case the City is
against made a party to any litigation in
litigation commenced by any party other than the Subrecipient re-
lating
Agreement, the Subrecipient r upon receipt
reasonable notice regarding commencement of litigation
own , investigate aft claims and demands, attend to their
settlement or other disposition, defend the City in all actions
based thereon with legal counsel satisfactory to the City r
and pay all charges of attorneys and aft other costs and expenses
of any kind whatsoever arising r demands,
ac-
tions, damages, losses, costs, liabilities, expenses, orjudgments.
indemnification provisions
termina-
tion
ci i ent Contracts; Independent Contractor Status. In no event is the City
liable for any contracts y the r i ie with ny person, r i , fir
corporation, association, or governmental body. All of the is s required leis
Agreement must be performed by the ubr ci i nt, or under its supervision. It is
agreed i to this ra n t that the Subrecipient is an independent con-
tractor providing the is s on if of the City and that fry Subrecipient may not
incur any debts or obligations o l of the City.
SECTIONS. PROGRAM REQUIREMENTS
5.1 Matching
y The Subreciplent shall match the ESG funding rovi in by the City with an equal
amount of funds from sources other than ESG funds. These matching funds must
be provided after the t of the grant award to the Subrecipient and the execution
MMB Day Nursery FY1314 Agrnt Page 5 of 12
of this Agreement. Funds used to match a previous ESG grant may not be used to
match a subsequent grant award under this Agreement. The Subrecipient may
comply with this requirement by providing the supplemental funds itself, or through
supplemental funds or voluntary efforts provided by any non-profit Subrecipient.
(B) In calculating the amount of matching funds, there may be included the value of any
donated material or building, the value of any lease on a building, any salary paid to
staff of the Subreciplent in carrying out the emergency shelter program; and the
time and services contributed by volunteers to carry out the emergency shelter pro-
gram, determined at the rate of$5 per hour. For the purposes of this subsection
(B), the Subrecipient shall determine the value of any donated material or building,
or of any lease, using any method reasonably calculated to establish a fair market
value.
(C) The Subrecipient all bill the City on a cost-certified basis for only those activities
specified in this Agreement and is are matched on a dollar-for-dollar basis in
accordance with this Section 5.1 and the regulations contained in 24 CFR §576.51,
as amended. The Subrecipient shall submit matching funds support documentation
which must be provided with each invoice.
5.2 Use as an Emergency Shelter.
(A) Any building for which ESG funds are used by the Subrecipient for renovation for
use as an emergency shelter forte homeless must be maintained as a shelter for
the homeless for not less than a three-year period or, if the grant amounts are used
for major rehabilitation or conversion of a building for use as an emergency shelter,
for not less than a 10®y r period. The three-year and 1 -year periods referred to
in this subsection in to run:
(1) In the case of a building that was not operated as an emergency shelter for the
homeless before receipt of ESG fun-dsun der this Agreement, on the to of initial
occupancy as an emergency shelter fort e homeless.
(2) In the case of a building that was operated as an emergency shelter fort e
homeless before receipt of ESG funds under this Agreement, on the date that grant
amounts are first obligated fort e shelter.
(B) Any building for which ESG funds are used for the provision of essential services to
the homeless or payment of maintenance, operation, insurance, utility, or furnish-
ings costs must be maintained as a shelter for the homeless for the period during
is such assistance is provided under this Agreement. A substitute site ors el®
r may be used during this period so long as the same general population is
served. For purposes oft is subsection, the term "same general population"
means either the same types of homeless persons originally served with ESG funds
(i.e., battered spouses, runaway children, families, or mentally ill individuals) or per-
sons in the same geographic area.
(C) Using ESG funds for developing and implementing homeless prevention activities
does not trigger any period of use requirements.
MM S Day NursM FY1314 Agmt Page 6 of 12
® Building Standards. Any building for which ESG funds are used for renovation,
major rehabilitation, or conversion must meet local government safety and sanitation
standards.
® Assistance to the Homeless. The Subrecipient shall assist homeless individuals
and families in obtaining access to appropriate supportive services, including permanent
housing, medical health treatment, counseling, supervision, and other services essen-
tial for achieving independent living. Additionally, the Subreciplent shall assist home-
less individuals and families in obtaining access to other Federal, State, local, and pri-
vate aid that may be necessary to such individuals and families.
SECTION 6. ADDITIONAL FEDERAL REQUIREMENTS.
® Nondiscrimination And Equal Opportunity. The Subrecipient shall comply with
the following requirements:
(A) The requirements of the Fair Housing Act, 42 United States Code ("U.S.C.")
§3601-19, and implementing regulations at 24 CFR Part 100 et seq., as each may
be amended; Executive Order 11063, as amended by Executive Order 12259 (3
CF R, 1959-1963 Comp., p. 652, and 3 CFR, 1980 Comp., p. 307), as each may be
further amended; Equal Opportunity in Housing Programs and implementing regu-
lations at 24 CFR Part 107, as each may be amended; Title VI of the Civil Rights
Act of 1964 (42 U.S.C. §§2000d-20OOd-4), as it may be amended; an
in Federally Assisted Programs and implementing regulations at 24 CFR
Part 1, as each may be amended;
(B) The prohibitions against discrimination on the basis of age under the Age Discrimi-
nation Act of 1975 (42 U.S.C. §§6101-07) and implementing regulations at 24 CFR
Part 146, as each may be amended; and the prohibitions against discrimination
against otherwise qualifi ed 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 et se q., and 24 CFR Part 8, as each may be amended. For pur-
poses of the ESG funding programs, the term "dwelling units" in 24 CFR Part 8, as
it may be amended, includes sleeping accommodations;
(C) Ter equirements of Executive Order 11246 and the supplemental regulations
issued in 41 CFR Chapter 60, as each may be amended;
(D) The requirements of Section 3 of the Housing and Urban Development Act of 1968,
12 U.&C. §1701 u, and implementing regulations at 24 CFR Part 135 and 24 CFR
§570.607(b), as each may be amended;
(E) The requirements of Executive Orders 11625, as amended by Executive Orders
12007 (3 CFR, 1971-1975 Comp., p. 616, and 3 CFR, 1977 Comp., p. 139) ( inor-
i usiness Enterprises), as each may be amended; Executive Order 12432 (3
CFR, 1983 Comp., p. 198) (Minority Business Enterprise 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,
MMB Day Nursery FY1314 Agmt Page 7 of 12
(F) The requirement that the Subreciplent make no that use of the facilities and ser-
vices is available to all persons on a nondiscriminatory basis. Where the proce-
dures that a Subrecipient uses to make known the availability of such facilities and
services are unlikely to reach persons with disabilities or persons of any particular
race, color, religion, sex, age, or national origin within the Subrecipient's service
area who may qualify forte , the Subreciplent shall establish additional proce-
dures that will ensure that these persons are made aware oft e facilities and ser-
vices. The Subrecipient shall also adopt and implement procedures designed to
make available to interested persons information concerning the existence and
location for services and facilities that are accessible to persons with disabilities.
® Applicability of OMB Circulars. The Subreciplent shall comply with the policies,
guidelines, and requirements that are applicable tote use of ESG funds set forth in 24
CFR Parts 84 and 85 and United States Office of Management and Budget ("OMB")
Circular o® A-122 as they relate to the acceptance and use of ESG funds.
® Lead-based Paint.
(A) Subrecipient shall comply with the applicable requirements oft e Lead-Based
Paint Poisoning Prevention Act (42 U.S.C. §§4821-4846), the Residential Lead-
Based in Hazard Reduction Act of 1992 (42 U.S.C. §§4851-4856), and the
implementing regulations at 24 CFR Part 35, as each may be amended.
(B) In addition, the Subrecipient shall also meet the following requirements relating to
inspection and abatement of defective lead-based paint surfaces.-
(1) Treatment of defective paint surfaces must be performed before final in-
spection and approval of any renovation, rehabilitation, or conversion activity under
this Agreement; and
(2) Appropriate action must be taken to protect shelter occupants from the
hazards associated with lead-based paint abatement procedures.
® Conflicts of Interest. In addition to the conflict of interest provisions in OMB Cir-
culars ®1 02 and A®71 , no person who is an employee, agent, consultant, officer, or
elected or appointed official of the Subrecipient that receives ESG funds and who exer-
cises or has exercised any functions or responsibilities with respect to assisted activi-
ties, or who is in a position to participate in a decision-making process, or who may gain
inside information with regard to such activities may obtain a personal or financial inter-
est or benefit from the activity or have an interest in any contract, subcontract, or agree-
ment with respect thereto or business ties during his or her tenure and for one year
thereafter. HUD may grant an exception t o t his exclusion, upon prior written approval,
as provided in 24 CFR §570.611(d), as amended. In the event the Subrecipient desires
to obtain an exception t o t he exclusion from HUD, the Subrecipient must comply with 24
CFR §570.611 and file a written application, containing full disclosure of the facts, with
the Administrator of CD.
® Use of Debarred, Suspended, or Ineligible Contractors. The provisions of 24
CFR Part 24, as amended, relating tot employment, engagement of services,
awarding of contracts, and funding of any contractors or subcontractors during any
MMB Day Nursery FY1 314 Agmt Page 8 of 12
period of debarment, suspension, or placement in ineligibility status, are applicable to
the Subrecipient.
® Flood Insurance. No site proposed on is renovation, major rehabilitation, or
conversion of a building is to be assisted with ESG funds may be located in an area that
has been identified by the United States Federal Emergency Management Agency
("FEMA") as having special flood hazards, unless: (1) the community in is the area
is situated is participating in the National Flood Insurance Program and the regulations
thereunder(44 CFR Parts 59 through 79), as amended; and, (2) if the structure is lo-
cated in a special hazard area, the Subrecipient shall ensure that flood insurance on the
structure is obtained in compliance with Section 102(a) of the Flood Disaster Protection
Act of 1973 [42 U.S.C. §§4012a(a) et se q.], as amended.
® Coastal Barriers. In accordance with the Coastal Barrier Resources Act® 16
§3501, as amended, no ESG funds may be made available within the Coastal
Barrier Resources System.
6.8 Drug Free Workplace Act of 1988. The Subrecipient shall certify that it will main-
tain a drug-free workplace in accordance with the requirements of 24 CFR Part 24,
Subpart F, as amended.
6.9 Copeland Act. The reci pient shall comply with the Copeland "Anti-Kickback"
Act, 18 U.S.C. §874, as amended and as supplemented by United States Department of
Labor regulations, 29 CFR Part 3, as amended.
6.10 Contract Work Hours and Safety Standards Act. The Subrecipient shall com-
ply with Sections 103 and 107 oft Contract Work Hours and Safety Standards Act, 40
U.S.C. §§329 and 333, as amended and as supplemented by United States Depart-
ment of Labor regulations, 29 CFR Part 5, as amended.
6.11 Audit. The Subrecipient is subject to the audit requirements of OMB Circular A-
133, as set forth in 24 CFR Part 45, as amended.
® Relocation and Acquisition. Consistent with the other goals and objectives of
this Agreement, the Subrecipient shall ensure that it has taken all reasonable steps to
minimize any displacement of persons (families, individuals, and farms) as a result of a
project assisted with ESG funds.
SECTION 7® GENERAL PROVISIONS.
7.1 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, sub-
division, 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 pur-
pose.
MMB Day Nursery FY 1314 Agmt Page 9 of 12
® Jurisdiction and Venue. The laws oft State of Texas govern and are appli-
cable to any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces
aunty® Texas, where this Agreement was entered into and must be performed.
7® Nonexclusive Services. Nothing in this Agreement may be construed as prohibi-
ting the Subrecipient from entering into contracts with additional parties fort perfor-
mance of services similar or identical to those enumerated in this Agreement, and
nothing in this Agreement may be construed as prohibiting the Subrecipient from re-
ceiving compensation from such additional contractual parties, provided that all other
terms oft is Agreement are fulfilled.
7.4 Modifications. Modifications t o t his Agreement are not effective unless signed by
a duly authorized representative of each of the parties t o t his Agreement. Modifications
is do not change the essential scope and purpose of this Agreement may be
approved on behalf of the City by the City Manager.
7.5 Copies of Rules and Regulations. Copies of some oft a rules and regulations
referenced in this Agreement have been provided tot Subrecipient as evidenced by
the Subrecipient's ESG Compliance Affidavit, which is attached t o t his Agreement as
Exhibit B 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 B does not waive the Subrecipient's compliance there-
with as required by law.
7.6 Disclosure of Interest. 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 t o t his Agreement as Exhibit C, the contents of which, as a
completed form, are incorporated in this document by reference as if fully set out in this
Agreement.
(EXECUTION PAGES FOLLOW)
MMB Day Nursery FY1 314 Agmt Page 1 0 of 12
Executed in duplicate originals this day of e 2013.
ATTEST: CITY OF CORPUS CHRISTI
Armando' Chapa Ronald L. Olson
City Secretary City Manager
6
cry m
Approvedl ' !
. mg
Lisp Aguila
ta ---L
Assistant City Attorney A, I W W.-
for the City Afforney
RV
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE
COUNTY OF NUECES §
This instrument was acknowledged before me on l , 2013$
by , in his/her capacity as the
the City of Corpus Christi,
Texas unii nl ho I car ion, n behalf f the corporation.
(Seal) p
d ° tate of Texas
am
M8 Day Nursery FY1314 Agmt Page 11 of 1
SUBRECIPIENT: MARY McLEOD BETHUNE DAY NURSERY, Inc., a Texas
corporation
i*-;aturell��Lj Date
Printed nam t
Title
ACKNOWLEDGMENT
STATE F TEXAS
PRESENTS:KNOW ALL BY THESE
COUNTY OF NUECES
® This instrument was acknowledged before on � � 2013P by
1 1 % � n w h o i s the e \ (title)
McLeod of Mary thu Nursery, Inc., a Texas nonprofit corporation, on behalf
the corporation.
:�N of rah t of Texas
lip- �% MOMKOSMMS
effi g MY COMMISSION EXPIRES
MM6 Day Nursery FY1314 Agmt Page 12 of 12
EXHIBIT
INSURANCE
L u r ci i nV Lip ilit In ur nc
A. r ci i nt must not commence cork under this agreement all insurance required r ire has been
obtained such insurance n approved by the City. Subrecipient must not allow any
subcontractor 0 commence work until all similar insurance required of h subcontractor has n
obtained.
B. Subrecipient must furnish i ® Risk Manager and to ent or Division responsible for
is agreement, copies of Certificates of Insurance it applicable olicy endorsements, showing the
following inl coverage y insurance company( acceptable to the l 's Risk Manager. The City
must be named as an additional insured for all liability licies.
MINIMUM TYPE OF INSURANCE INSURANCE
30-Day wriften notice of cancellation, s required on all Bodily Injury and ro e
certificates r by policy endorsements Per occurrence-Aggregate
COMMERCIAL GENERAL LIABILITY including: $1,000,000 Combined Single Limit
1. Commercial Broad Form
2. Premises-Operations
3. Products/Completed Operations Hazard
4. Contractual Liability
5. Independent Contractor
6. Personal Injury
FIRE and EXTENDED COVERAGE (Applicable hen funds used for construction or
renovation)
At a minimum, amount sufficient to carer the
replacement cost of facilities and/or building
City to be named s loss payee using standard loss
payee clause.
C. In the event of accidents of any kind, Subrecipient must furnish the is Manager with copies cf all
reports of such accidents it ire 10 days of the accident.
El. Additional Requirements
A. r ci i nt's financial integrity is of interest City; therefore, subject to Subreciplents right to
maintain reasonable deductibles in such amounts are rc by the City, u rci °r ll
obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof,
at Subrecipient's sole expense, insurance coverage written on an occurrence cis, by companies
authorized i to do business in the State of Texas and with n A.M. Best's rating of no
less than ll.
B. The City shall be entitled, upon request i cut expense, c receive copies O the policies,
declarations page and all endorsements thereto y apply to the limits required y the City, and
may require the deletion, revision, or modification of icul r policy terms, conditions,limitations or
exclusions(except her oli y provisions are established by law or regulation bin in on either of
parties the r or the underwriter of any such olicies)a Subrecipient shall be required comply
with ny such requests and shall submit a copy of the replacement ce ifio of insurance to City at
the rasp provided below within 10 days oft the requested change. u r of i nt shall pay any costs
incurred resulting from said n e . All notices under this iclo shall be given to City at the
following address:
City of Corpus Christi
Risk Management
Box
Corpus Christi, TX 78469-9277
( 1) -4
C. Subrecipient agrees i required insurance, I insurance li r
contain are to r be endorsed to i n the following required provisions:
• Name the City and its officers, officials, employees, volunteers, and elected representatives
additional incur endorsement, as respects o r ion n activities f, or on behalf of, to
named insured or e under contract with the City,
• Provide for an endorsement that the "other insurance" clause h it not apply to the City of Corpus
Christi where the City is n additional insured shown on the policy;
• Provide thirty (3 calendar y no written notice directly o City of any suspension,
cancellation, n-r n I or material change in coverage, and not less than ten ( calendar d
advance ri n notice for nonpayment of ra r .
D. Within f ( )calendar y of a suspension, cancellation, or non-renewal of coverage, Subrecipient
shall provide a replacement ifica of Insurance and applicable endorsements to City. City shall
have the option suspend u reoi t nt' performance should there be a lapse in coverage y
time urin this contract. ilur to provide and to maintain the required insurance shall constitute
material breach of this contract.
E. In addition to any other remedies o City may have upon u r of i n 's failure to provide and
maintain any insurance or policy endorsements to the extent and i in the time herein required,the
City shall have the right to order Subrecipient to stop or k hereunder, and/or withhold any
payment (s) which become due to Subrecipient hereunder until Subrecipient demonstrates
compliance with the requirements or of.
F. Nothing rein contained shall be construed as limiting in any way the extent to which Subrecipient
may be held responsible for payments of damages to persons or property resulting from
Subrecipient's or its subcontractors' performance of the work covered under this agreement.
G. It is r that Subrecipient's insurance Il be deemed ri and non-contributory with respect
to any insurance or self insurance carried y the City of Corpus Christi for liability arising out of
operations un r this r nt.
H. It is understood n d agreed that the insurance required is in addition to and separate from ray other
obligation contained in this agreement.
2013-2014Emergency Solutions Grants Subrecipient Agreements ins. req.
Risk Mgmt.
EXHIBIT B
ESG COMPLIANCE AFFIDAVIT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
Date: -'
Affiant:
-:41k
Em ency Solutions Grant Subrecipient
t on oath, swears foil h statements are true:
(title)
nonprofit
ccr cratio which has applied for and been awa4ed Emergen -y Solutions Grant(" ")
Program s administered by the City of us Christi ("City"). Prior to the start of the
project for which ESG funs have been awarded, as the representative cf the above
named su reci lent organization (" u reci i n "), I met with City staff and received copies
of the following eder I rules and regulations:
OMB Circular ®1 02 24 CFR Part 1, ,3, 5, 8, 24, 35, 84, 85, 107, 135
and 14
OMB Circular -1 10 24 CFR 570 and 576
OMB Circular ®122 41 CFR 60.1 and 60.4
OMB Circular ®133
By execution of this affidavit, I attest that I have received the above-listed ral rules an
regulations, City staff has explained the rubs and regulations, and I understand e
u reci Tent's obligations of performance under the rules and regulations. Furthermore, I
acknowledge that there may i icnal Federal rules and regulations, beyond the rules
and regulations listed above, to which the Subreciplent may be subject to and with which
the Subredipierd must.comply i cord n e ith Federal I ws.
® '
SWORN 0 AND SUBSCRIBED efre me this the day of
, 2 13.
s KOSTER WELLS Notary Public, State of eras
PAY COMMISSION EXPIRES
, hey , 15
I
EXHIBIT C
r
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.'Sae the definitions for
the Disclosure of Intere 11 nea fa o
COMPANY NAME:
AILING ADDRESS.
CITY:e
Zfp
FIRM is: 1. Corporation 2. Partnership{ } 3. Sole Owner{ )
m association 5. Other X Awp—&--
QUESTIONS DISCLOSURE
If additional space is necessary,please use the reverse side of this page or attach a 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)
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
3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest"constituting %or more of the
ownership in the above named"Firm."
f�arne Board.Commission,or Committee
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"
Pram Consultant
E IC T ® 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. Title.
(Tyr nth
Signature of Certifying hers'r ° ate: