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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: