HomeMy WebLinkAboutC2013-233 - 5/14/2013 - Approved ORIGINAL
EMERGENCY SOLUTIONS GRANT T
BETWEEN THE
CITY OF CORPUS CHRISTI
CHRISTI AND
CORPUS HOPE HOUSE
TEXAS THE STATE OF
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This agreement ("Agreement") is made and entered into by the i y of r u Christi,
Texas home-rule municipal corporation ("City"), acting its City Manager or the
City Manager's designee ("City Manager"), and Corpus Christi Hope House, Inc.,
(°' i t"), a nonprofit corporation r ize cf r the laws of the State
Texas.
re being a genuine for support services cr persons who are
homeless and for appropriate facilities in which to r vi the is s in i of
Corpus Christi;
providing is s to r homeless ro of the
public welfare, health, and safety;
WHEREAS, the City is desirous of providing appropriate support services to persons
who are I s;
appropriate is s include , 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 rs ns who are homeless and in ssi nc in er to improve the
quality of their lives; and
the i y has allocated Emergency clu i n Grant (" '°) funds in
punt of 13,77 for fiscal year 2013-2014 u reci i nt for assistance in
providing support services for the homeless.
THEREFORE, the City the Subrecipient have y r lly and collectively
red and, by the execution of this r en , are bound l obligations,
performance, and accomplishment of the tasks described in is Agreement.
SECTION I OBLIGATIONS. The City agrees c:
1.1 Funding. Provide the Subrecipient up to Thirteen Thousand Seven Hundred
Eighteen and II of ESG funds on reimbursement si .
2013-233
5/14/13
CC Hope House
1.2 Reimbursement. ei u s s to the Subrecipient according tot is
Agreement and as follows:
( not more than $10,599 will be reimbursed to the Subrecipient for the
provision r ncy shelter civiti to the I s.
( to and not more than $2,119 will be reimbursed to the Subrecipient for the
provision of homeless prevention services.
( to and not more than 19 ill be reimbursed to the u r ci io for the
provision rapid re-housing services.
SECTION ® . Subrecipient agrees t :
2.1 Staff and Administrative Provide sufficient s inistra ive sup-
port
to carry out the stated ctivii s, supervise the liv services to homel s
persons, and provide supervision oversight, by the r ci i is Board of Direc-
tors, of r s io i services r vi the r ci i rat.
Services iii Provide services utilize the clliti s or buildings in
accordance i the r cy Solutions Grants Program regulations contained in the
United States Code of Federal Regulations (" " 4 576, s
amended, in-
cluding, bu not limited , those r l requirements co tai in ction and of
this Agreement.
Permits i ng. Obtain and i t i y permits, certificates, licen-
ses that r required oft the stated activities and f the cili or the services o cr
therein by the t t of x s and any other agencies having regulatory jurisdiction ov r
the ciliy or services.
Financial e Record financial transactions according to accrual accounting
procedures or develop such ccr l information through lysls of the oc t ti
on o d provide an independent i r such x i r s upon request by the
City Manager or the i istr for of the i y's Community Development Division
("CD").
2.5 Access to Records. rovi cc ss to all records, oc ts, reports, or audits
regarding c ivities funded under this r t, during regular u in ss ur , for
purposes f the nit States t of Housing s Development " "),
the i y, or CD, in r r to conduct its or monitoring.
Information rovi information r nt tot is Agreement as
the i r, the inistr for of CD, or HUD may from time to time request. Sub-
recipient shall adhere and comply it the reporting requirements mandated for the
Homeless n t Information System (HMI S) administered by the it as
condition of receiving funds under this Agreement.
Notification d Notify the i within t (1 days when the scope,
funding, staffing, or services i r vi the u roci i n changes from its cur-
rent level.
CC Hope House FY1314 Agmt Page 2 of 12
2.8 Use of Funds. Expend all funds solely r the c iviti described funded
under this Agreement in accordance it regulations. r c! i t shall
reimburse the Ci for all City-provided s expended by the r ci i t on
activities no t `z under this r t or that are expended in violation of HUD
statutory regulatory r vi r ns.
2.9 Record Retention. The Subrecipient shall 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.
Term. This Agreement commences on August 1, 2013, terminates on
July 31, 2014.
Termination. it r party may terminate this Agreement as last day of any
month thirty ( ) days prior written notice other party.
Notices.
( ) All notices, n s, requests, nr replies r vi for or permitted under this
Agreement, by either party must be in ritin and t be delivered by one of the
following methods: (1) by personal delivery; { by deposit with the United
Postal Service as certified or registered mail, return receipt r st postage
prepaid; (3} by prepaid telegram; ( ) by deposit with an ® rni r ss delivery
service, for which service s been prepaid; or{ } by fax transmission.
( Notice deposited with nit ed States Postal Service in the r described
above will be deemed effective two ( ) business days after deposit with nit
States to t l Service. Notice telegram or v i ght express delivery service ill
be deemed Div one (1) business day after transmission to the telegraph com®r overnight express carder. Notice by fax transmission will be deemed effec-
tive r ns i i n, with proof of confirmed liv
(C) All such communications must only to the following:
If to the i : If to u r ci ! n :
City of s Christi Corpus Christi Hope House, Inc.
Admin., Community Dev. Executive it ct r
Box 9277 658 Robinson t.
Corpus Christi, Texas 78469-9277 r risti, Texas 78404
( 1) 826-3045 Office ( 1) 852-2273 is
( 1) -17 { 1} 852-8211 Fax
( ) Either party may change the address to ic notice is sent by using a method set
out above. The Subrecipient shall notify City of an address change within i
working s after the r s is changed.
CC Hope House F`(1314 Agmt Page 3 of 12
SECTION . INSURANCE AND INDEMNITY PROVISIONS
Liability Insurance. The Subrecipient shall have in orc , throughout the term of
is Agreement, insurance that complies i standards in Exhibit copy of
which is attached to this Agreement and incorporated in this r t by reference.
certificate evidencing the r ci r n 's provision of insurance must be provided to the
City's Risk Manager("Risk r") aand the inisr r of t least n (1
days prior to any expenditures of fns by the Subrecipient. Failure to maintain
any of the types and limits of the insurance required r it A is u for the City
Manager or the Administrator of i this Agreement and cancel ny and all
reimbursements of ESG funds to the Subrecipient.
Fire a Subrecipient s ll also have in force, through-
out the oft this r and urin the rio d which the ciliti s or building must
be maintained s a shelter for the homeless in cc r with cti n 5.2 of this
Agreement n , as amended, r n extended coverage insurance in
the u t indicated in Exhibit A. Failure to maintain such insurance is cause for the
City to terminate is Agreement and cancel any and all reimbursements of ESG fns
to Subrecipient.
Notice ity. Subrecipient shall require its insurance companies, written policies,
and certificates o insurance to provide that the City must be given thirty ( ) days ad-
vance notice by the insurer prior to cancellation, nonr n I, or material change of the
insurance polici s required y Exhibit A.
Right Re-evaluation i it . The Risk r retains right to
re-evaluate the insurance requirements during the term this Agreement and adjust
types the and limits of such insurance upon t ) days written notice o r ci -
i n . Insurance y s and limits may not just ed more 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, ,
City on account of injury or
damage to persons or property i , without limitation
the foregoing, i premises
injury or damage may be incident ,
arise = or be caused, either proximately or
or , i i , negligence, remotely, wholly
i
part of the i , i , " i „
acting with
or implied i tation or permission of the Subrecipient, or on the
agents,part of the Subrecipient or any of its servants, employees,
contractors, patrons, guests, licensees, or invitees entering
CC Hope House FYI 314 A mt Page 4 of 12
the facilities being used pursuant to this Agreement and with or
without the express or implied invitation or permission
or when any such injury is ,
proximate or remote, wholly or in part,
Subrecipient or any of its , servants,
em-
ployees, contractors, patrons, guests, licensees, or invitees
law, ordinance, or governmental order of any kind, or when any
such injury or damage may in any other way arise from or out of
Subre-
cipient or any of its agents, servants, employees, contractors,
patrons, guests,, licensees, or invitees, including, but not limited
to, the failure of the j Facilities.
(B) These terms of indemnification are effective upon the date of exe-
this r such injury
result from j , or concurrent negligence
of indemnitees, but not if such injury or damage from
negligence the sole
Subreciplent covenants and agrees that, in
litigation made a party to any j
litigation commenced by any party other than the Subrecipient re-
lating
Subrecipient shall, upon receipt of
notice reasonable j litigation its
their own expense, investigate all claims and demands, attend to
settlement or other disposition, defend the City I
based thereon with legal counsel satisfactory j ,
and pay all charges of attorneys and all other costs and expenses
of any kind whatsoever arising from any said claims, demands,
ac-
tions, damages, losses, costs, liabilities, expenses, orjudgments.
indemnification r j j termina-
tion
expiration of this Agreement.
ci i Contracts; Independent Contractor Status. In no event is iy
liable for any contracts made by the Subrecipient it any person, partnership, firm,
corporation, association, or governmental body. All of the services r uir i
Agreement s t be performed by the Subrecipient, or under its supervision. It is
agreed y the parties tot is Agreement that the Subrecipient is an independent con-
tractor providing the services on I of the City and that the Subrecipient not
incur any debts or obligations on behalf of the City.
CC Hope Horse F`11314 Agmt Page 5 of 12
SECTION 5. PROGRAM REQUIREMENTS
5.1 Matching Funds.
(A) The Subrecipient shall match the ESG funding providing by the City with an equal
amount off s from sources other than ESG funds. These matching funds must
be provided after the date oft grant award tot Subrecipient and the execution
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 Subrecipient 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 oft is subsection
), t Subrecipient shall determine the oleo any donated material or building,
or of any ! s , using any method reasonably calculated to establish a fair market
value.
(C) The Subrecipient shall 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 Subreciplent shall submit matching funds support documentation
is must be provided with each invoice.
5.2 Use as an Emergency Shelter.
(A) Any building for is ESG funds are used by the Subrecipient for renovation for
use as an emergency shelter fort 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-year period. The three-year and 10-year periods referred to
in this subsection begin to run:
(1) In the case of a building that was not operated as an emergency shelter for the
homeless before receipt of ESG funds under this Agreement, on the date of initial
occupancy as an emergency shelter fort homeless.
(2) In the case of a building that was operated as an emergency shelter for the
homeless before receipt of ESG funds under this Agreement, ant date that grant
amounts are first obligated for the shelter.
(B) Any building for is 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 fort homeless fort period during
which such assistance is provided under this Agreement. A substitute site ors l-
t y be used during this period so long as the same general population is
served. For purposes oft is subsection, the term "same general population"
CC Hope House FY1314 Agmt Page 6 of 12
means either the types of homeless persons originally served wi funds
(i.e., batter runaway children, families, or lly ill individuals) or per-
sons in the r is area.
( Using fns for developing and implementing home! ss prevention activities
does not trigger any period of use requirements.
Building y building for which ESG funds are used for renovation,
major rehabilitation, or conversion must meet local government safety i ti®
standards.
5.4 Assistance r ci i t shall assist homeless individuals
and families in obtaining acc s to rc ri t supportive services, inclu in t
housing, medical health treatment, counseling, s isic , and other services s ti I for achieving independent living. Additionally, the r ci i t shall assist
home-
less individuals and families in obtaining access to other Federal, State, local, and pri-
vate i that y be necessary to such individuals ili s.
SECTION I REQUIREMENTS.
Nondiscrimination And I Opportunity. The Subrecipient all comply with
the following requirements:
( ) The requirements cif the it Housing Act, 42 United s Code ("U.S.C.")
§3601-19, implementing regulations 100 et se q., as each may
be amended; Executive r r 11063, as amended by Executive Order 12259 (3
1959-1963 ., p. 652, and 3 CFR, 1980 Comp., p. 307), as each may be
further ; Equal Opportunity in sin g Programs and implementing regu-
lations 107, as each may be amended; Title VI of the Civil Rights
Act of 1 ( , as it n ; and, Nondiscrim-
ination in r lly Assisted Programs and implementing regulations
Part p as each may be amended;
(B) The prohibitions against discrimination on the sis of age under the iscri i®
ti® of 1975 ( §§6101-07) implementing regul tics at 24 CFR
Part 1 , as each y be amended; and the r i i ions against discrimination
against otherwise lid individuals i i iliti r Section 504 of the
Rehabilitation of 1973 ( 7 and implementing regulations
§12101 t seq., a , as each may be amended. For pur-
poses s cif the funding rc s, the "dwelling its" in a , as
it may be amended, includes sleeping cc tins;
( The requirements cif Executive Order 11246 and the supplemental regulations
issued in 41 CFR Chapter 60, as each may be amended;
(D) The r uir is of cis of the si Development ct of 1968,
1 2 U.S.C. §1701 u, and implementing regulations at 24 CFR Part 135 and
§570.607(b), s each may be amended;
CC Hope Mouse FY1314 Ag t Page 7 of 12
(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) (Minor-
ity Business Enterprises), as each may be amended; Executive Order 12432 (3
CFR, 1983 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,
(F) The requirement that the Subrecipient make known that use oft 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 fort , 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 procedures designed to
make available to interested persons information concerning the existence and
location fors is s and facilities that are accessible to persons with disabilities.
6.2 Applicability of OMB Circulars. The Subrecipient shall comply with the policies,
guidelines, and requirements that are applicable tot use of ESG funds set forth in 24
CFR Parts 84 and 85 and United States Office of Management and Budget ("OIVIB")
Circular No. ®1 as they relate tote acceptance and use of ESG funds.
® Lead-based Paint.
(A) Subrecipient shall comply with the applicable requirements oft Lead-Based
Paint Poisoning Prevention Act (42 U.S.C. §§4821-4846), the Residential Lead-
Based Paint 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 I ed 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 I ed paint abatement procedures.
® Conflicts of Interest. In addition to the conflict of interest provisions in OMB Cir-
culars A-1 02 and A®11 , no person who is an employee, agent, consultant, officer, or
eI ected or appointed official oft 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 in
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,
CC Hope House FY1314 Agmt Page 8 of 12
as provided in §570-611 ), as amended. ! v t the Subrecipient desires
obtain to xc ti to the exclusion from , the r c! i t must comply with
CFR 7 . 11 and file application, containing full disclosure of the ts, with
the Administrator of .
6.5 Use of Debarred, Suspended, r Ineligible Contractors. The provisions of
CFR Part 24, as amended, relating to the emp! y nt of services,
awarding of contracts, n i any contractors r subcontractors during any
period debarment, suspension, or placement inineligibility status, are applicable to
the r c! i nt.
6.6 Flood Insurance. No site r os on which renovation, major rehabilitation, r
conversion of a building is to s ist with s may be located in r that
has been identified i ted States Federal Emergency Management Agency
(8d ") as having special flood hazards, unless: (1)the community in is the area
is situated is ici tin in i n l Flood Insurance Pro r regulations
thereunder s 59 through ), as n n , ( ) if the structure is lo-
cated in special hazard area, t urciint shall ensure that flood insurance on the
structure is obtained in compliance wi cti ) of the to od Disaster Protection
Act of 1 1 ( ) et seq.], as amended.
.7 Coastal Barriers. ! cco c e with the s I Barrier Resources Act, 1
1, as amended, no ESG funds may be made available within the Coastal
Barrier Resources System.
Drug . The Subrecipient shall certify t it ill main-
tain drug-free o I C in cc r c e with the requirements of 24 CFR Part 24,
Subpart .
6.9 Copeland Act. The Subreciplent shall comply with the Copeland nti- is c "
Act, 1 , as amended and as supplemented by United States Department of
Labor regulations, , as amended.
Contract r t. The Subrecipient shall com-
ply with Sections 103 and 107 of the ntr c Hours and Safety Standards Act,
as amended and as supplemented by United States Depart-
ment of Labor regulations, s amended.
6.11 Audit. The Subrecipient is subject to the audit requirements irc ! r A-
133, as set forth in , as amended.
Relocation iii on. Consistent with other goals and objectives of
this Agreement, the u r ci i shall ensure that it has taken all reasonable steps to
minimize ay displacement of persons (families, i ivi ls, and farms) as a result of
project ist ed with ESG funds.
SECTION 7. GENERAL PROVISIONS.
Validity. I , for any reason, y section, paragraph, subdivision, clause, phrase,
word, r provision of this Agreement is held invalid or unconstitutional by final judgment
CC Hope House FY 1314 Agmt fags 9 of 12
of a court of competent jurisdiction, it shall not affect any other section, paragraph,
sub-
division, clause, r , word, or provision oft is Agreement, for it is the fi i intent
of the parties tot is Agreement that every section, r r , subdivision, clause,
phrase, or ® and provision oft is Agreement be given full force effect for its pur-
pose.
7.2 Juri i t . The laws of the t of Texas govern and are li-
I to any dispute arising under this r nt. Venue is in risti, Nueces
County, Texas, where this e t was entered into and must performed.
Nonexclusive o f in this r t may be construed s prohibi-
ting the reci i t from nein into contracts with additional parties for the or-
of services similar or identical t those r in this Agreement, and
nothing in this y be construed s prohibiting the Subrecipient t re-
ceiving compensation from c additional contractual i ovi that all other
terms of this Agreement are fulfilled.
Modifications. o ific i ns to this Agreement are not ctiv unless sin
duly authorized representative of each of the parties to this to Modifications
which do not change the se ti I scope purpose of this r ent may be
approved if of the iy by the iy Manager.
7.5 Copies of Rules and Regulations. Copies o some of the rules and regulations
referenced in this Agreement have been provided r ci I t as evidenced by
the r ci i n °s ESG Compliance Affidavi ® which is aftached to this Agreement
Exhibit n is incorporated into this Agreement by reference. Any failure by the City
to supply the r ci i n with y other applicable laws, regulations, or r c , rules,
or policies not stated in i i es not waive the reci i compliance there-
with as required law.
7.6 Disclosure . In compliance wi cio of the City's of
Ordinances, t r ci i shall complete the i 's Disclosure of Interests form,
which is attached tot is Agreement as Exhibit , the contents f which, as
completed o are incorporated in this document by reference if lly set out in this
Agreement.
(EXECUTION
CC Hope House FY1314 Agra# Page 10 of 12
Executed in duplicate originals this day of t 2013.
ATTEST: CITY OF CORPUS CHRISTI
. ala�_ -
.
Armando Ch � on ld L. Olson
City Secretary City Manager
form:Approved as to T i b.
Lisp Agucill
Assistant i orn y
r the City Attorney I �
eIL.
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrument to before on 2013,
Y in his/her capacity as the
of the City of Corpus Christi,
T Texas nioi l l co ration, I t corporation.t
(Seal)
Aof
am
CC Hope decree FY1314 Agrnt Page 11 of 1
SUBRECIPIENT: , INC.
__
i ntur t
M-�_t �4-s. AU44'
rdr�
- __.
Title
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrument was acknowledged before me on —92013,
c� , in his/her capacity as A i t r- N
of ri i Hope House, Inc., a Texas non-profit o car time on behalf of the
corporation.
1
Notary Public, State of s
= MY COMMISSION EXPIRES
CC Hope Douse FYI 314 Agmt Page 12 of 1
EXHIBIT A
INSURANCE REQUIREMENTS
Subrecipient's Liabilitv Insurance
A. Subrecipient must not commence or under this agreement all insurance required herein has been
obtained and such insurance has been approved by the City. Subrecipient must not allow any
subcontractor to commence or until all similar insurance required of the subcontractor has been
obtained.
B. Subrecipient must furnish to the City's is 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 tot Citys Risk Manager. The City
must be named as an additional insured for all liability policies.
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:
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 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 furnish the Risk Manager with copies of all
reports of such accidents within 10 days oft e accident.
I. Additional Requirements
A. Subrecipient's financial integrity is of interest to the City; therefore, subject to Subrecipients right to
maintain reasonable deductibles in such amounts as are approved by the City, Subreciplent shall
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 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- VII.
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 tot e 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 either of
the parties hereto or the underwriter of any such policies). Subrecipient all 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 of the requested change. Subreciplent shall pay any costs
incurred resulting from said changes. All notices under this Article shall 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 all not apply tot 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,
cancellation, non-renewal or material change in coverage, and not less than ten (10) 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 all have the right to order Subrecipient to stop or hereunder, and/or withhold any
payment(s) which become due to Sub reel pient 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
Sub reel pient's or its subcontractors' performance of the 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.
K It is understood and agreed that the insurance required is in addition to and separate from any 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: ` I I 'i
f nta r
rt°ier eney Solutions rr7t Subrecibient
fan g on oath, s rs the following statements are true®
�m.
iP
am e (title)
- ®
of m nonprofit
corporation, which has lie far and been awarded Emergency lu i ns Grant(" "
Program funds administered the i of us Christi ("City"). Prior to the start of the
project for which ESG funds have been awarded, as the representative of ov
named su reei lent organization (" u reei ien "), I met with City staff n received copies
of the following er I rules and regulations:
OMB Circular a1 02 24 CFR Part 1, m3, 5, 8, 24, 35, 84, 85, 107, 135
and 14
OMB Circular -1 10 24 CFR 570 and 576
OMB Circular m1 22 41 CFR 60.1 and 60.4
OMB Circular -133
By execution of this affidavit, i attest that i have received the above-listed ederal rules an
regulations, City staff has explained the rule and regulations, and I understand the
u reci ien 's obligations of performance under the rules and regulations. Furthermore, I
acknowledge a ere 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
e Subrecipient must comply, in accordance with Federal laws.
By:
SWORN TO AND SUBSCRIBED efere me this the day of
8 13.
s
Notary u lice State of Texas
° MY COMMISSION IIi�S
4
EXHIBIT
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. Fury question must be answered. If the question is not applicable, art er with*NA.*See the definitions for
the Disclosure of Interest in Section II®General Information.
COMPANY NAME:
MAILING ADDRESS. CITY: ZIP:Ai!2�
FIB is: 1. Corporation( } 2. Partnership( } 3. Sole Owner( }
. Association ( } 5. Other (
DISCLOSURE QUESTIONS
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"fi
Name Job Title and City Department(if known)
E
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."
Name 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"firm."
Name Consultant
e
CERTIFICATE: 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 o ur_
Certifying Person- t r .Title:
,
(Type or Print)
Signature of Certifying Person: �f � �. ,•- date.
a