Loading...
HomeMy WebLinkAboutC2013-232 - 5/14/2013 - Approved ORNINAL EMERGENCY SOLUTIONS GRANT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI METRO MINISTRIES THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This agreement ("Agreement') is made and entered into by the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its City Manager or the City Manager's designee ("City Manager"), and Corpus Christi Metro Ministries, Inc., ("Subreciplent"), a nonprofit corporation organized under the laws of the to of Texas. WHEREAS, there in a genuine need for support services for persons who are homeless and for appropriate facilities in which to provide the services in the City of Corpus Christi; WHEREAS, providing support services to persons who are homeless promotes the public welfare, health, and safety; WHEREAS, the City is desirous of providing appropriate support services to persons who are homeless; WHEREAS, appropriate support services include decent, safe, and sanitary shelter, medical assistance, counseling supervision, and other services essential for achieving independent living; WHEREAS, the Subrecipient is able and desirous of providing the appropriate support services to persons who are homeless and in need of assistance in order to improve the quality oft it lives; and WHEREAS, the City has allocated Emergency Solutions Grant ("ESG") funds in the amount of$45,152 for fiscal year 2013-2014 to the Subrecipient for assistance in providing support services forte homeless. NOW, THEREFORE, the City and the Subrecipient have severally and collectively agreed and, by the execution oft is Agreement, are bound tot mutual obligations, performance, and accomplishment oft e tasks described in this Agreement. SECTION 1. CITY'S FUNDING OBLIGATIONS. The City agrees to: ®1 Funding. Provide the Subrecipient up to Forty-five Thousand One Hundred and Fifty-two Dollars ($45,152) of ESG funds on a reimbursement basis. 2013-232 5/14/13 CCrd. 31 Metro Ministries O0298 INDEXED Reimbursement. Reimburse ESG funds to the Subrecipient according tot is Agreement n as follows: ( to and not more than $22,000 will be reimbursed to the Subrecipient for the provision of emergency shelter activities to the homeless. ( to and not more $18,152 ill be reimbursed u r ci i n for the provision of I ss prevention services. ( ) Up to and not more m ill be reimbursed to the Subrecipient for the provision of rapid re-housing is s. SECTION 2. SUBRECIPIENT'S l reci i nt agrees toe 2.1 Staff i i r iv r vi sufficient s inistr iv sup- port to carry out the stated activities, supervise olivo of is s to homeless persons, and provide supervision and oversight, by the u r ci ien 's Board of it c- ors, of ro ssion l services provided u r ci i t. 2.2 Services iliti r vi services and utilize the facilities or buildings in accordance it Emergency Solutions Grants Program regulations contained in the United t o of Federal Regulations (6d "), 24 CFR Part 576, as amended, in- cluding, not limited r l requirements contained in Sections 5 and 6 of is Agreement. 2.3 Permits and Licensing. tin and maintain any permits, certificates, n licen- ses that are required of the stated civiti and of the facility or the services offered therein by the State of n any other agencies having regulatory jurisdiction over the facility or services. 2.4 Financial Records. Record financial transactions according to accrual accounting procedures or develop such accrual information rou Isis of the documentation on hand and provide an independent u i for such n iur s upon request by the City Manager or the Administrator of the City's Community Development Division (d6 B9)" 2.5 Access to Records. Provide access to all records, ocu ts, reports, or audits regarding the activii s funded r this Agreement, during regular usin ss hours, for purposes of the nit tats Department of ousin ran Development ("HUD"), the City, or CD, in order to conduct audits or monitoring. 2.6 Information Provide information ino t tot is Agreement as the City Manager, the Administrator of CD, or HUD may from i o time request. u roci i shall adhere and comply with the reporting requirements n st for the Homeless n Information System ( I ) administered by the i as condition of receiving funds under this Agreement. 2.7 Notification Notify the City within ten (1 0) days when the scope, funding, staffing, r services being provided by the Subrecipient changes r its cur- rent level. CCMM FYI 314 Agent ]gage 2 of 12 2.8 Use of ® Expend all funds solely for the activities described funded under this Agreement and in accordance with regulations. The Subrecipient shall reimburse the Ci y for all City-provided ESG funds expended by the Subrecipient activities trot authorized under this Agreement or that r expended in violation of HUD statutory an regulatory provisic s. 2.9 Record Retention. The Subrecipient II retain ll required records for three years following the final payment made under this Agreement or until all pending matters are closed, whichever is later. SECTION ® t NOTICES. 3.1 Term. This Agreement commences cn August 1 2013, and in s on July 31, 2014. 3.2 Termination. Either party may terminate this Agreement as of the last day of n month upon thirty ( ) days prior written notice to the other party. 3.3 Notices. (A) All notices, demands, requests, or replies rcvi for or permitted under this Agreement, by either party must be in writing and must be delivered by one of the following met s: (1) by personal delivery; (2) by deposit with the United t t s Postal Service as certified r registered il, return receipt requested, pcst prepaid, (3) by prepaid telegram; (4) by deposit with an ovemight express delivery service, for which service has been prepaid; or( ) by fax transmission. ( Notice csi e with i s Postal Service in the manner described above ill be deemed effective two ( ) business days after deposit with the United States Postal Service. Notice telegram or overnight express delivery service ill be deemed effective one (1) business day after transmission to the telegraph com- pany or overnight r ss carder. tics by fax transmission will be deemed effec- tive upon transmission, with proof of confirmed delivery. ( II such communications must only be made to the following: If to its: If to the Subrecipignt: City of Corpus Christi Corpus Christi Metro Ministries, Inc. Attn: Admin., Community Dev. Executive it c r Box 9277 1919 c r Street Corpus Christi, Texas 78469-9277 Corpus Christi, Texas 78401 ( 1) ®3 045 Office (3 61) 887-0151 Office ( 1) -1 Fax (3 1) - Fax ( Either party may change the address to which notice is sent y using method set out above. The Subrecipient shall notify i of an address change i i 1 working y r the ress is changed. CCMM FY'1314 Ag o Page 3 of 12 SECTION INSURANCE AND INDEMNITY PROVISIONS Liability r ance. The Subrecipient shall have in force, throughout t e term of is Agreement, insurance that complies it the standards in Exhibit A, a copy of which is attached to this Agreement and incorporated in this Agreement by reference. certificate evidencing reci i nt's provision of insurance mus rovi to the City's Risk Manager("Risk r°) and the AdmAdministrator of t least ('l days prior to any expenditures of ESG funds by the Subrecipient. Failure to maintain any of the types and limits of the insurance required i i is cause for the City Manager or the i istr o of in this Agreement and cancel any and all reimbursements of ESG funds to the Subrecipient. 4.2 Fire and Extended Coverage. The Subrecipient II also have in force, through- out r oft is Agreement and during the period which facilities or building must be maintained as a shelter for the homeless in accordance with Section . oft is Agreement and 4 3, as amended, fire and extended coverage insurance in the amount indicated in i it A. Failure to maintain such insurance is cause for the City to terminate is Agreement and cancel y and ll reimbursements of ESG funds to u r ci ien . Notice if ® Subrecipient shall require its insurance companies, written policies, and certificates o insurance o provide that the City must be given thirty ( days ad- vance notice y the insurer rior to cancellation, n r n 1, or material change of the insurance polici s required y Exhibit A. Right Re-evaluation i i . The Risk Manager retains the right to re-evaluate the insurance requirements u ° c term of this Agreement and adjust the s and limits of c insurance o try (3 0) days written notice to u raci r nt. Insurance types and limits may not be adjusted or frequently than once a year. 4.5 INDEMNIFICATION. Subrecipient covenants and agrees that it will indemnify City harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, from 1 injury damage to persons or property (including, without limitation foregoing,the workers' compensation, death, and premises injury or damage may be incident remotely,arise out of, or be caused, either proximately or wholly or in a by an act or omission, negligence, or misconduct on the part of the City, its officers, employees, or agents ("Indemnitees"), acting pursuant to this Agreement and with or without the express or implied invitation 1 part of the Subrecipient or any of its s contractors, patrons, guests, licensees, or invitees CCMM FYI 314 Agmt Page 4 of 12 facilities the f with without the express or implied invitation or perme i Subrecipient, or when any such injury or damage is the result, proximate , wholly or in , of the violation In- demnitees, the Subrecipient , servants, invitees ordinance, or governmental order of any kind, or when any such injury or damage may in the use or occupancy of the facilities by Indemnitees, the Subre- its s servants, employees, contractors, patrons, guests, licensees, or invitees, i , but not limited failure to, the ► ►ent to maintain the Facilities. (B) These terms of indemnification contributory cution of this Agreement and whether such injury or damage may result from the , or concurrent negligence of Indemnitees, but not if negligence gross 1 . that,(C) The Subrecipient covenants and agrees in case the City made a party to any litigation against the Subre ► ► in litigation 1 1 Subrecipient shall, upon receipt of investigate reasonable notice regarding commencement of litigation and at its own expense, , attend to their settlement or other disposition, defend the City in based thereon with ► City Attomey, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from 1 claims, demands, ac- tions, damages, losses, costs, liabilities, expenses, orjudgments. indemnification provisions expiration ! m i 9 Independent Contractor Status. In no event is the City liable for any contracts made by the r ci i with y person, partnership, firm, corporation, ass ci ti r governmental body. All of is s required y this Agreement s by the Subrecipient, or under its supervision. It is agreed y the parties to this Agreement the reci i n is an independent con- tractor providing the services on behalf of the City u r ci i t may not incur n is or obligations c I City. CCMM FY'1314 Agmt Page 5 of 12 SECTION 5. PROGRAM REQUIREMENTS 5.1 Matching Funds. (A) The Subrecipient shall match the ESG funding rovi in g by the City with equal amount of funds from rc s other than ESG funds. These matching funds must be provided r the date of the grant r to the Subrecipient and the execution oft this r n . Funds used o match a previous grant y not be used o match subsequent grant award under this Agreement. The Subrecipient may comply with this requirement by proi i supplemental funds itself, or through supplemental funds or voluntary efforts provided by any non-profit Su ci in . ( In calculating unt of tc in funds, there may be included the value of any donated material or building; the value of lease on a building; any I ary paid to staff of the Subrecipient in carrying out the emergency shelter program; the time and services contributed lu t to carry out the r ncy shelter pro- gram, determined at the rate of per hour. For the purposes oft is subsection (B), the Subrecipient shall determine the value of ny donated material or building, or of any lease, using any method reasonably calculated to establish fir market value. (C) The Subrecipient shall bill the City on a cost-certified sis for only those activities specified in this Agreement and is r e matched on lI r-for- oll r basis in accordance i this ocion 5.1 and the regulations contained in 24 CFR §576.51, as amended. The Subrecipient shall submit matching funds o ocu n i n which must provided with c invoice. 5.2 Use as an Emergency It a ( Any building for which ESG funds are by the Subrecipient for renovation for use as an emergency shelter for the homeless us i i shelter for the homeless for not less r e-yo r period or, if rant amounts are for major rehabilitation or conversion of uil in for use as an emergency shelter, for not less than a 1 0-year period. The three-year and 1 0-year periods referred o in this subsection begin to run: (1) In e case of a building was not operated as an emergency sh It r for the homeless for receipt of funds under this Agreement, on the date of initial occupancy as an emergency shelter for the homeless. ( In case of a building that operated an emergency shelter fort the homeless fore receipt of funds under this Agreement, on the date that grant amounts are first obligated for the shelter. ( Any building for which ESG funds are used for the provision of essential services o the homeless or payment of inon nc , operation, ins r nco, utility, or furnish- ings costs must be maintained as a shelter for the homeless for the period during which such assistance is ro i under this Agreement. A substitute site or shel- ter may be used during this erio o long s the same o r I population is For purposes of this subsection, the term " general population" CCMM FYI 314 Agmt Page 6 of 12 pans either the same types of homeless persons originally served with s (i.e., battered cus s® runaway children, families, car mentally ill individuals) or per- sons in the same geographic area. { } Using ESG funds for developing and implementing homeI ss prevention activities does not trigger any period of s requirements. 5.3 Building Standards. Any building for which ESG fns are used for renovation, ajar rehabilitation, cr conversion must meet local government safety and sanitation standards. Assistance the I ti The Subrecipient shall assist homeless individuals and families i ainin access to appropriate supportive services, incl in an n housing, medical health treatment, counseling, supervision, and other services s - i I for achieving independent living. Additionally, the r ci i n shall assist home- less individuals and families in i in access to other Federal, State, local, and pri- vate r` y be necessary to such individuals n a ili s. SECTION e ADDITIONAL FEDERAL REQUIREMENTS. 6.1 Nondiscrimination I Opportunity. The Subrecipient shall comply with the cllc in requirements: ( requirements of the Fair Housing Act, 42 United States Code ("U.S.C.") §3601-1 n implementing regulations a 4 CFR Part 100 et seq., as each may be amended', Executive Order 11063, as amended by Executive Order 122 {3 CFR, 1959-1963 Comp., p. 652, are 3 CFR, 1 . 307), as each be further amended; Equal Opportunity in Housing Programs and implementing regu- lations t 24 CFR Part 107, as each may be amended; Title Vl of the Civil Rights Act f 1 (42 U.S.C. 2 - -4}, as it y be amended; n on iscri - in ticn in Federally Assisted Programs and implementing regulations at 24 CFR Part 1, as each may be amended; ( ) The prohibitions against discrimination on the basis of a under the Age Discrimi- nation Act of 1975 (4 2 U.S.C. §§6101-07) and implementing regulations Part 146, as each may be amended; and the prohibitions against discrimination against otherwise u lid individuals with disabilities under Section 504 of e Rehabilitation Act of 1973 (29 U.S.C. 4} and implementing regulations §12101 seq., and 24 CFR Part 8, as each may be amended. For pur- poses of the ESG funding rc r s® the term "dwelling units" in 24 CFR Part 8, as it may be amended, includes sleeping cco c ticns; ( requirements of Executive Order 11246 and the supplemental regulations issued in 1 CFR Chapter 60, as each may be amended; (D) The requirements f Section 3 of the Housing and ran Development Act of 1 12 U.S.C. §1701 ug and implementing regulations 135 and 24 CFR §570.607(b), as each may be amended; CC MM FY1314 Agmt Page 7 of 12 ( ) The requirements o cuti Orders 11625, as amended by Executive Orders 12007 (3 CFR, 1971-1975 ,a p. 616, and 3 CFR, 1 . 1 ) (Minor- ity iness Enterprises), as each may be amended, Executive Order 1 ( 1 . 1 ) (Minority usin ss Enterprise Development), as each may be amended; and Executive r 12138, s amended by Executive Order 1 (3 CFR, 1977 Comp., p. 393, and 3 CFR, 1987 Comp., p. 245) (Women's Business Enterprise), as each may be further n ( ) The requirement h e Subrecipient make known that use of the facilities ser- vices i it I to all persons on a nondiscriminatory asism Where the proce- dures that a Subrecipient uses to make known the availability of such cilii s and services are unlikely to reach persons with disabilities or persons of ny particular race, color, religion, s x, age, or national on r it in the Subrecipient's service area o may qualify for them, the Subrecipient shall establish additional proce- dures that will ensure that these persons are made aware of the facilities and ser- vices. The Subrecipient shall also adopt and implement procedurea designed to make available t interested persons information concerning the existence and location for services and facilities that are accessible to persons with disabilities. 6.2 Applicability it u r ci i n shall comply with the policies, guidelines, an requirements that are applicable to the use of funds set forth in 4 CFR Parts 84 and and nits es Office of n and u (" ") Circular No. A-122 as they relate o the acceptance and use of funds. ® Paint. (A) Subrecipient shall comply with the applicable requirements oft e - se Paint Poisoning Prevention Act (42 U.S.C. §§4821-4846), the Residential Lead- Based Paint Hazard ucion Act of l (4 §§4851-4856), and implementing regulations at 24 CFR Part 35, as each may be amended. (B) In addition, the r ci i shall also e the following requirements relating o inspection and abatement of defective lead-based paint surfaces: (1) Treatment of cis int surfaces must be performed for final in- spection and approval of any renovation, rehabilitation, or conversion activi under is Agreement; and ( ) Appropriate action must be taken to protect shelter occupants from e hazards associated with lead-based pain ate en procedures. Conflicts Interest. In addition to the conflict o interest rovisio s in OMB Cir- culars A-1 02 and -11 , no person who is an employee, agent, consultant, officer, r elected or appointed official oft u r ci i rat that receives furls and who exer- cises or has exercised any functions or responsibilities with respect to assi to d activi- ties, or who is in sition to participate in a decision-making process, or who may gain inside information with regard to such c ivi ies may obtain a personal or financial inter- est or benefit from the c ivi or have an interest in any contract, subcontract, or agree- ment wi respect r o or business ties during his or her tenure and for one year thereafter. y grant an exception tot is exclusion, upon prior written approval, CCMM FY1314 Agmt Page 8 of 1 as provided in 7 . 11( )® as amended. In the event r ci i n sires to in an exception to the exclusion from p Subrecipient must comply with CFR 7 . 11 and file written application, containing full disclosure of facts, with the Administrator o . 6.5 Use of Debarred, Suspended, or Ineligible rovisions of CFR Part ® as amended, relating to the employment, engagement of services, awarding of contracts, n n in of any contractors or subcontractors during any period of debarment, ension, or placement in ineligibility status, are applicable to the u r ci r nt. 6.6 Flood Insurance. c site rc ose on which renovation, ]cr rehabilitation, cr conversion of it i is to be assisted with funds ay be located in an area has n identified by the Units s Federal Emergency Management Agency tea ") having special flood hazards, unless: (1) the community in which the area is situated is ici a in in ticn l Flood Insurance Program and regulations thereunder(44 CFR Parts 59 through 79), as n and, ( 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 i Section 102(a) of lood Disaster Protection Act of 1973 [4 1 ( . , as amended. 6.7 Coastal Barriers. In accordance with Coastal Barrier Resources Act, 1 §3501, as amended, no ESG funds may be made available within the l Barrier Resources System. 6.8 Drug Free Workplace Act of 1988. The Subrecipient shall certify that it ill main- tain a drug-free workplace in cccr nc with requirements of 4, Subpart F, as amended. 6.9 Copeland ® The Subrecipient shall comply with the Copeland "Anti-Kickback" Act, 1 4, as amended and as supplemented by United States Department of Labor regulations, Part , as amended. 6.10 Contract Work Hours and Safety Standards t® The Subrecipient shall com- ply it Sections 103 and 107 of on rac Work Hours and Safety Standards c , 4 §§329 and 333, as amended and s supplemented by United States Depart- ment f Labor regulations, , as amended. 6.11 Audit. The Subrecipient is ] c audit requirements of OMB Circular 133, as set forth in 4. CFR Part 45, as amended. Relocation i iti . Consistent with other goals and objectives of this Agreement, the Subrecipient II ensure that it has taken all reasonable s c minimize ny displacement of rsc s (families, in ivi u ls, and farms) as a result of project assisted with funds. SECTION 7. GENERAL PROVISIONS. 7.1 Validity. If, for any reason,, ny section, paragraph, su ivi ion, clause, phrase, word, or provision of is Agreement is held invalid or unconstitutional by final judgment CCMM FY1314 Agmt Page 9 of 12 of court of competent jurisdiction, it shall not affect any other section, paragraph, sub- division,, cl u o, phrase, word, or provision oft is Agreement, for it is the definite intent of the parties tot is Agreement that every section, paragraph, subdivision, clause, phrase, r , and provision oft is Agreement be given full force and effect for i pur- pose. Jurisdiction laws of the State of oo and r appli- cable to any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces County, Texas, where t is Agreement was entered into and must be performed. 7.3 Nonexclusive 'r of in in this Agreement may be construed as prohibi- ting the Su r ci i n nrin into contracts it ition I parties for the perfor- mance of is s similar or identical nu er t in this Agreement, and nothing in this Agreement may be construed ro i iin the u r ci i n from re- ceiving compensation from such additional contractual parties, provided that all other terms oft is Agreement are fulfilled. Modifications. o ific tions tot is Agreement are not cti unless signed by my authorized representative of c of the parties tot is Agreement. Modifications which do not change the ss nti l scope and ur is Agreement may be approved on behalf of the City by the City r. 7.5 Copies [ o ies of some rules an regulations referenced in is Agreement have been provided to the Subrecipient as evidenced by the u r ci io Ys ESG Compliance Affidavit, which is attached tot is Agreement as Exhibit B and is incorporated into this Agreement by reference. Any failure y the City to supply the Subrecipient with any other applicable laws, regulations, or inanc s, rules, or policies not stated in Exhibit B does not waive the Subrecipient's compliance ther i s required y l 7.6 Disclosure t® In compliance wi ction 2-349 of the City's Code of Ordinances, t u r ci i t shall complete City's Disclosure of Interests form, which is attached tot is Agreement as Exhibit C, the contents of which, as completed o , are incorporated in this document by reference as if fully set out in this Agreement. FOLLOW)(EXECUTION PAGES MM FY1314 Agmf Page 10 of 1 Executed in duplicate originals this day of 2013. ® CITY OF CORPUS CHRISTI Armando Chapa Ronald L. Olson City Secretary City Manager Approved as to form: 13 1 nul 00144 Lisa AguiW Assistant City Attorney for the City Attorney By COUROIL ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on _J_j Se_nteA4ker 2013, Ir by_&A�SQ in his/her capacity as the A ��D�e-r of the City of Corpus Christi, a Tex�asmu�nicipal�home-rule corpo ation, on behalf of the corporation. (Seal) tA lItUa� P uWtats&of T e x-as amiKRISTY GLICK Notary Public STATE OF TEXUAS Conn. .18,2MO16 CCMM FY1 314 Agmt Page 11 of 12 SUBRECIPIENT: CORPUS CHRIST] _ Signature ate Printed Nam ej Title ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged befor on 1, _' 2013, by k , in his/her capacity a s e of cr us Christi Metro Ministries, Inc., a exa non-profit corporation, cn behalf of the corporation. ±w� �,usea Notary lic, State of exa 's W COMMISON EXPIRES Feba"21,2015 CMM FY1314 Agmt Page 12 of 1 EXHIBIT A INSURANCE REQUIREMENTS 1. SubreCiDient's Liabilily Insurance A. Subreciplent must not commence work under this agreement all insurance required herein has been obtained and such insurance has been approved by the Ci reci pient must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been Mine . B. Subrecipient must furnish to the City's Risk Manager and to the Department or Division responsible for this agreement, copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverage by insurance company(s)acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies. 17................ TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day written notice of cancellation, s, required on all Bodily Injury and Property Damage certificates or by policy endorsements Per occurrence®Aggregate COMMERCIAL GENERAL LIABILITY including: I, Commercial Broad For 2. Premises®Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Independent Contractor 6. Personal Injury FIRE and EXTENDED COVERAGE (Applicable when funds used for construction or renovation) At a minimum, amount sufficient to cover the replacement cost of facilities and/or building City to be named as loss payee using standard loss payee clause. C. In the event of accidents of any kind® Subrecipient must funnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. It® Additional Requirements A. Subrecipient's financial integrity is of interest to the City; therefore, subject to SubrecipTents right to maintain reasonable deductibles in such amounts as are approved by the City, Subrecipient shall obtain and maintain in full force and effect fort uration of this Contract, and any extension hereof, at Subrecipient's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VI I. B. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions(except where policy provisions are established by law or regulation binding upon eitherof the parties hereto or the underwriter of any such policies). Subrecipient shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days oft e requested change. Subrecipient shall pay any costs incurred resulting from said changes. All notices under this Article all be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax# C. Subrecipient agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, Provide for an endorsement that the "other insurance" clause shall not apply tote City of Corpus Christi where the City is an additional insured shown on the policy; Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancel)ation, non-renewal or material change in coverage, and not less than ten (1 0)calendar days advance written notice for nonpayment of premium. D. Within five(5)calendar days of a suspension,cancellation, or non-renewal of coverage, Subrecipient shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Subrecipient's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. E. In addition to any other remedies the City may have upon Subrecipient's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,the City shall have the right to order Subrecipient to stop work hereunder, and/or withhold any payment(s) which become due to Subrecipient hereunder until Subrecipient demonstrates compliance with the requirements hereof. F. Nothing herein 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 oft work covered under this agreement. G. It is agreed that Subrecipient's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. H. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2013-2014 Emergency 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: On(0)s arA MAC) 11'siue,5 rgJncy Solutions Grant Subrecipient Affiant, o oath, swears the following statements are true: 1, —, am the (title) o ___---_C _-A s , iE,5 a Texas nonprofit corporation,which has applied for and been awarded Emergency Solutions Grant("ESG") Program funds administered by the City of Corpus Christi ("City"). Prior t o t he start oft o project for is ESG funds have been awarded, as the representative of the above named subrecip ion t organization("Subreciplent"), I met with City staff and received copies of the following Federal rules and regulations: OMB Circular A-1 02 24 CFR Part 1, .3, 5, 8, 24, 35, 848 85, 107, 135 and 146 OMB Circular -11 24 CFR 570 and 576 OMB Circular A-1 22 41 CFR 60.1 and 60.4 OMB Circular A-1 33 By execution of this affidavit, I attest that I have received the above-listed Federal rules and regulations, City staff has explained the rules and regulations, and I understand the Subrecip lent's obligations of performance underthe rules and regulations. Furthermore, I acknowledge that there may be additional Federal rules and regulations, beyond the rules and regulations listed above, to which the Subrecipient may be subject to and with which the Subrec * nt mus comply, in accordance with Federal laws. By: SWORN TO �Q SUBSCRIBED before me this the A!�:7 day of 2013. Notary Public, State of Texas hAy COMMISSION EXPI -S RF FeM"21,2DI 5 l a EXHIBIT C CITY OF CORPUS I - DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112®as amended® requires all persons or fi s 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 A."See the definitions for the Disclosure of Interest in Section II=General Information. COMPANY NAME: n MAILING ADDRESS: �. CITY: ZIP: FIR is: 1. Corporation( 2. Partnership I 3. Sole Owner( } 4. Association I 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach a separate sheet. tate the names of each"employee"of the City of Corpus Christi having an"ownership interest"constituting %or more of the owne- ,p;in the above named"firm." Name Job Title and City Department(if known) 2. State the names of each"office '" f 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 Carpus Isti having an"ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board,Commission,or C mittee 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who ed on any matter related to the subject of this contract and has an"ownership interest"constituting 3%or more of the ownership in the ' ove named"firm." Name Consultant CERTIFICATE: I certify that all information prodded 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: (Type rent) ct CS Signature of Certifying Person: hate: