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HomeMy WebLinkAboutC2013-234 - 5/14/2013 - Approved ORIGIML EMERGENCY SOLUTIONS GRANT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CHARLIE'S THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This r n ("Agreement") is r into y the City of Corpus Christi, Texas home-rule ici l corporation (" i "), acting through r or the City Managers designee ("City '), and Charlie's Place Recovery Center (" l i ), a nonprofit o r i under the laws the State of Texas. there in genuine support i for persons who are homeless and for appropriate facilities in is provide i in i of Corpus Christi; providing support seris s who are homeless promotes public welfare, health, and safety; WHEREAS, the City is siro s of providing appropriate u i s to persons who are l ; appropriate services include c t, safe, sanitary shelter, medical assistance, counseling supervision, an r services essential for achieving independent living; WHEREAS, the Subrecipient is I and iro of providing the appropriate support services os who are homeless in need of assistance in r r to improve quality of their lives; WHEREAS, the City has allocated r I i r (" ") funds in amount of 1 r fiscal year 2013-2014 to the Subrecipient for assistance in providing o services r the homeless. NOW, THEREFORE, the City and the Subrecipient have y r ll collectively agreed ci of this Agreement, are bound to the mutual obligations, and c G t of the tasks described in this Agreement. OBLIGATIONS.SECTION 1. CITY'S FUNDING The City r s : Funding. rovi de the Subrecipient up to Fifteen Thousand and Fifty-one Dollars 315.0511 of n s on reimbursement basis. 2013-234 5/14/13 Or d. 029831 INDEXED Charlie's Place Recovery Center 1.2 Reimbursement Reimburse S funds to the ubreci ien according to this Agreement and as follows: ( ) Up to nd not more than will be reimbursed to the Sub recipient for the provision of emergency shelter tiii s to the homeless. SECTION 2. ! !ENT'S FUNDING OBLIGATIONS. Subrecipient agrees t : 2.1 Staff and Administrative rovi sufficient staff and its tiv sup- port to carry out the stated ivi ° s, supervise the liv of services o homeless persons, and provide supervision oversight, the u r i i 's Board of irec- to , of professional services provided by the Subrecipient. Services ili ` . Provide services d utilize the ciliti s or buildings in accordance i Emergency olio Grants Program regulations con i in the United States o a of Federal Regulations (" "), 24 CFR Part 5 , as en , in- cluding, b not limited to, those Federal requirements contained in Sections 5 and 6 of this Agreement. 2.3 Permits and Licensing. bt in and maintain ny permits, certificates, and licen- ses that are required of the stated activities and of the cil` or the services a er therein the t t e of Texas and other agencies having regulatory judsdiction over the cil° or services. Financial ecor financial transactions according to accrual accounting procedures or develop such accrual information through analysis of ocu et °on on hand and provide independent audit for such expenditures upon request by the City Manager or the inis for of the i 's Community Development Division (-CD'). Access to c Provide access to all records, documents, reports, or audits regarding h activities funded under this Agreement, during regular si ss hours, for purposes of the United States e ousin and rb an Development ("HUD"), the City, or CD, in order to conduct audits or monitoring. 2.6 Information and Reports. Provide any information pertinent to this Agreement as the City Manager, the Administrator of CD, or HUD may from time to i request. Sub- recipient s II adhere and comply i reporting requir ts mandated for the Homeless Management Information System ( IS) administered by the City as condition of receiving funds under this Agreement. Notification of the City within n (1 0) days when the scope, funding, staffing, ors i being rovid by the Subrecipient changes from its cur- rent level. Funds.2.8 Use of Expend all funds solely for the activities described and funds under this Agreement and in accordance%With U regulations. u r cii nt shall reimburse i for all City-provided ES funds expended by the Subrecipient activities not authorized under this Agreement or that are expended in violation of statutory and regulatory provisions. Charties Place FYI 314 Agmt Page 2 of 12 2.9 Record Retention. r ci i II retain II required records forthree years following the I payment made under this Agreement or until all pending matters are closed, ver is later. SECTION 3. TERM; TERMINATION; NOTICES. ® This Agreement commences o u ust 1, 2013, and terminates on July 31, 21 . Termination. Either party may terminate is Agreement as of the last of any month o n thirty ( s prior written notice to the other party. Notices. ( II notices, n s, requests, or replies i for or permitted under is Agreement, by either party must in writing and u liv r one f the following s: ( ) by personal delivery; ( deposit with nit States Postal Service as certified r registered mail, return receipt r u s postage prepaid; by prepaid telegram; ( ) by deposit it n overnight express delivery service, for which service r i ; or( ) by fax transmission. Notice sit it h the United States I Service in the manner described above will be deemed effective two (2) business days after deposit with United States Postal Service. Notice telegram r overnight x r ss delivery service ill be deemed effective one 1) business day after transmission to the telegraph com- pany o v rni express carder. tics by fax transmission will be deemed effec- tive r ns issio ° with proof of confirmed liv (C) All such communications must only be made to the following: If to i s If to the Subrecipien t: City of r us Christi Coastal Bend Alcohol & Drug Rehabilitation Attn: Admin., Community Dev. Center dba Charlie's Place Box 9277 Executive it cor Corpus Christi, Texas 78469-9277 P. 0. Box ( 1) 826-3045 Office Corpus Christi, Texas 78469-4996 ( ) -1 ( ) 882-9302 Office ( 1) Fax ( ) Either party may change the r s to which notice is sent y using o set out above. The Subrecipient II notify the City of an address change it i 1 working ys after the r s is changed. SECTION . INSURANCE AND INDEMNITY PROVISIONS Liability Insurance. The u r ci i shall have in force, throughout the term of this Agreement, insurance that complies i standards in Exhibit A, a copy of which is attached tot is Agreement and incorporated in this Agreement reference. Charlies Place FY1314 Agmt Page 3 of 12 certificate evidencing u reci i nt' provision insurance must be provided to the City's Risk Manager("Risk r") and the Administrator of least ten (1 0) days prior to any expenditures of funs by the Subrecipient. Failure to maintain any of the types and limits of e insurance required i it A is cause for the City Manager or the Administrator of o terminate t is Agreement and cancel n ll reimbursements of ESG funds to the u r i lent. Fire and Extended r ci i nt shall also have in force, through- out the this Agreement and during period which the facilities or building must be maintained as a shelter for the homeless in accordance with Section 5.2 oft this Agreement n 24 CFR §576.53, as amended, fir and coverage insurance in the amount indicated in i it A. Failure to maintain such insurance is cause for the City to terminate this Agreement and cancel n n II reimbursements f ESG funds to Subrecipient. 4.3 Notic City. Subrecipient shall require its insurance companies, written policies, and certificates o insurance to rovi City given thirty ) days ad- vance oic by the insurer prior to cancellation, nonr I, or material change of the insurance policies required r i A. Right Re-evaluation j Limits. he Risk Manager retains the right to re-evaluate the insurance requirements uri term oft is Agreement and adjust e types n limits of such insurance upon i ) days written notice to Subrecip- lent. Insurance types and limits may not be adjusted more re n l than once a year. INDEMNIFICATION. Subrecipient covenants and agrees it from,City harmless of, % claims, demands, actions, damages, losses, costs, % % % i expenses, from or damage to persons or property (including, % limitation on foregoing,the injuty or damage may be incident , arise out r or be caused, either remotely, wholly part,or in misconduct on the part of the City, its officers, employees, or agents rr % it r acting pursuant to this Agreement and with or without the express or implied invitation % % % s or on the part of the Subrecipient or any of its agents, servants, patrons, guests, licensees, or invitees % facilities the % this % without implied invitation % % Subreciplent, or when any such injury or damage is the result, remote,proximate or wholly or in part, of the violation Subrecipient or any of its agents, servants, em- Chadles Place FYI 314 Agmt Page 4 of 12 contractors, patrons, guests, licensees, or invitees ordinance, or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the use or occupancy of the facilities , Subre- cipient or any of its , servants, employees, contractors, patrons, guests, licensees, or invitees, including, but not limited to, the failure of the Subrecipient to maintain Facilities. (B) These terms of indemnification aC exe- cution % injury or damage may result from C%butory negligence or concurrent negligence of Indemnitees, but not if such injury or damage may result from misconduct the sole negligence or willful % . Subrecipient covenants and agrees that, in % is made a party to any litigation !nst the Subrecipient or% litigation % % Subrecipient shall, upon receipt reasonable notice regarding % % % own , investigate all claims , attend to their settlement C other disposition, defend the City in % based thereon with % % , and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from % claims, costs, liabilities, expenses, orjudgments. indemnification pC % l % % termina- tion C expiration of this i i Contracts; Independent Contractor . In no event is the City liable for any contracts y the Subrecipient with any person, partnership, firm, corporation, association, or governmental body. All of the services required y this Agreement must be performed by the r ci iet, or under its supervision. It is agreed by the ies to this Agreement that the Subrecipient is an independent c - tractor providing the services on behalf of the City and that the Subrecipient may not incur any debts or obligations on behalf of the City. SECTION Matching Funds. (A) The Subrecipient shall match the ESG funding providing the City with an equal amount of funds from sources other than ESG funds. These matching funds must be provided after the date of the grant award to the Subrecipient and the execution of this Agreement. Funds used to match a previous ESG grant may not be used to Charles Place FYI 314 Agr Page 5 of 12 match subsequent r ant award under this Agreement. The Subrecipient may comply with this requirement rovi i supplemental funds itself, arthrough supplemental furl s or voluntary efforts provided by any non-profit Subrecipient. ( Incalculating the amo of matching funds, there may be included the value of any donated material or ilia ; the value of any lease on ili any salary i staff of the Subrecipient in carrying out cy shelter program time services con volunteers to carry the cy shelter pro- gram, determined t the rate per hour. For the purposes of this subsection ( ), the Subrecipient shall determine the value of n t material or building, or of any lease, using any method reasonably calculated to st lis fir market value. } The Subrecipient shall bill the i on a cost-certified asis for only those c ivi i s specified in this Agreement and which are tc hed on a dollar-for-dollar basis in accordance it this ci n 5.1 and the regulations c i in 24 , as amended. The Subrecipient shall submit tc i funds support documentation which must be provided with c invoice. 5.2 Use as an Emergency Shelter. ( ) Any building for which ESG funds are used by the Subrecipient for renovation for use as an emergency shelter for the homeless must be maintained shelter r the homeless for not less than a three-year period or, if the r t amounts are used for major rehabilitation or conversion of it i for use s an emergency shelter, r not less than a 1 0-year period. The three-year and - e r periods referred in this subsection begin to run: ( ) In the case of uil in not operated as an emergency shelter r the homeless far receipt of u r this Agreement, on the t of initial occupancy as an emergency shelter fort l s. ( In the case of a building operated s an emergency shelter r the homeless before receipt o funds under is Agreement, ont r t amounts are first obligated for the shelter. ( Any building for which ESG funds are used for the provision of essential services the homeless or payment of i as , operation, insurance, utility, or furnish- ings costs us i i as a shelter for the homeless for the period during which such ssist ce is rvi under this Agreement. A substitute site r shel- ter y be used during is period so long same general population is served. For purposes of this subsection, the term "same general population" means either the same types of o I s persons originally served with funds (i.e., battered spouses, runaway children, ili s, or mentally ill individuals) or per- sons in same geographic area. (C) Using ESG funds for developing and implementing ho el r v nio activities does not trigger any period of use requirements. Chartres Place FYI 314 Agmt Page 6 of 12 Building r . Any building for which ESG funds are used for renovation, major rehabilitation, or conversion must local government safety and sanitation standards. Assistance . The Subrecipient shall assist homeless individuals and families in obtaining cc s to appropriate supportive is , including permanent housing, medical health treatment, counseling, s ilsi , and other services essen- tial for c i vi independent living. Additionally, the Subrecipient shall assist home- less individuals and families i obtaining acc ss to other Federal, State, local, and pri- vate aid that may be necessary such individuals ili s. ADDITIONAL SECTION 6. Nondiscrimination And Equal Oppoi u r ci i shall comply with the following requirements: (A) The requirements f the it Housing Act, 42 United ("U.S.C.") §3601-19, and implementing regulations at 24 CFR Part 100 et seq., as each be amended; Executive r r 11063, as amended by Executive Order 12259 (3 1959-1963 0 and , 1 7), as each further ; Equal Opportunity in usi ng Programs and implementing regu- lations t 24 CFR Part 107, as each may be amended; it I of o Civil Rights Act ( - - ), as it may be amended; and, Nondiscrim- ination in r lly Assisted Programs and implementing regulations Part 1, as each may be amended; (B) The prohibitions against discrimination basis of age under the Age Discrimi- nation c of 1975 (42 U.S.C. §§6101-07) and implementing regulations Part 146, as each may prohibitions inst discrimination against otherwise u li individuals with disabilities under Section 504 of the Rehabilitation c of 1 ( ) and implementing regulations at 42 §12101 et s .! and 24 CFR Part 8, as each may be amended. For pur- poses of the ESG funding r r s, the t Ilia its" in , as it may be amended, includes sleeping cco io s; ( ) The requirements x c ti r 11246 and the supplemental regulations issued in 1 CFR Chapter 60, as ec n ; (D) The requirements of Section 3 of the our and r Development ct of 1968, 1 1 u, and implementing regulations 135 and 24 CFR §570.607(b), c Y be amended; (E) The requirements f Executive Orders 11625, by Executive Orders 12007 (3 CFR, 1971-1975 616, and 3 CFR, 1977 Comp., p. 139) (Minor- ity Busin ss Enterprises), as each may be amended; Executive Order 12432 1 . 1 ) (Minority Busi ss Enterprise Development), as each may be amended; and Executive r 12138, as amended by Executive r 1 (3 CFR, 1977 , and 3 CFR, 1987 ) (Women's Business Enterprise), as ec y be further amended; and, Charlies Place FY1314 Amt ,age 7 of 12 ( The requirement that the rcii that cilitic and ser- vices is available to all persons on a nondiscriminatory sis, Where the proce- dures r ci i nt uses to known availability of uc facilities services r unlikely t reach ns with disabilities or persons of any particular race, color, rliio , sx, age, or national i i i the rcii t's service area y qualify for them, r ci i nt shall establish additional proce- dures that ill ensure that these are f the facilities n ser- vices. u r ci i shall also adopt and implement c r s designed make available to interested persons information cons i e existence and location r services and facilities that r e accessible to rs s with disabilities. Applicability of Oit rcii shall comply with the policies, guidelines, n requirements that ar applicable to the use funds set forth in CFR Parts 84 and 85 and United t s Office of Management and Budget ("OMB") Circular No. A-1 22 as they relate to the acceptance use of . 6.3 Lead-based Paint. ( ) Subrecipient shall comply with the applicable requirements f the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4821-4846), the si ti l Lead- Based Paint r cion Act of 1 ( §§4851-4856), and the implementing regulations s each may be amended. (B) In addition, the u r ci i nt shall also meet the following requirements r l tin to inspection and abat nt of f civ I ead-based paint surfaces: 1) Treatment of fec iv int surfaces must be performed for l in- spection n approval of any renovation, r ili i t conversion ctiviy under is Agreement; and ( ) Appropriate action s taken to rot ct shelter occupants the hazards ss ci t i lead-based pai s ur s. 6.4 Conflicts of Interest. In addition to the conflict of interest provisions in ir- c I -1 02 and A-1 1 , no person who is an employee, t, consultant, officer, or elected r appointed official of the Subrecipient that receives funs and who exer- cises or has exercised any functions or responsibilities i respect sit activi- ties, or who is in a position to ici in cision- i ng process, or who may gain inside information i regard to such ctiviti s may obtain a person I or financial it inter- est r benefit from the civiy or have an interest in any contract, subcontract, or agree- ment with respect ther t sin ties during his or her tenure for one year thereafter. y grant an exception to this exclusion, upon ri r written approval, as provided in 24 7 . 11( ), as amended. In the event the u r ci i desires to tin an exception to the xclusi from , the r ci r n t must comply with CFR 7 . 11 and file written lic do , containing full disclosure of the facts, with the i isr r of . 6.5 Use of Debarred, Suspended, or Ineligible Contr . The provisions of CFR Part 24, as amended, relating to the employment, a n is , awarding of contracts, and funding of an contractors ors cal tr c s during any Chariies dace FYI 314 A rnt Page 8 of 1 period of debarment, suspension, or placement in ineligibility s# us, are applicable to the u reci r . Flood Insurance. o site ro os on which renovation, major rehabilitation, or conversion of a building is ssist with funds may be located in r s been identified by the United s Federal Emergency Management Agency (" ") as having special o z r , unless: (1) the community in which the area is situated is participating in the National Flood Insurance r r regulations thereunder( s 59 through 79), as n , ( ) if the structure is lo- cated in a special hazard area, the Subrecipient shall ensure that ov insurance on the structure is obtained in compliance wi cti n 2( ) of the Flood is s r Protection Act of 1973 2 1 ( ) et seq.] , as amended. Coastal Barriers. In accordance with a t l Barrier Resources Act, 1 §3501, as amended, no ESG funs may be made available within the Coastal Barrier Resources System. 6.8 Drug Free E ace Act of 1988. The Subrecipient shall certify that it will main- tain drug-free r I ce in cco nc with requirements of 24 CFR Part 24, Subpart , as amended. 6.9 Copeland . The Subrecipient shall comply with the Copeland i- is c " Act, 18 U.S.C. 7 s amended and as supplemented by United t o f Labor regulations, 2 3, as amended. 6.10 Contract Work Hours and Safety Standards Act. The u r ci i nt shall com- ply with Sections 103 and 107 of the Contract Work Hours and ct, §§329 and 3 s amended and as supplemented y United States Depart- ment f Labor regulations, n . 6.11 Audit. The Subrecipient is subject to the audit requirements o f OMB Circular A- 133, as set forth in 24 CFR Part 45, as amended. Relocation iii Consistent i the other goals and objectives of is Agreement, the Subrecipient shall ensure that it has taken all reasonable steps to minimize ny displacement of persons (families, individuals, farms) as a result of project s is it funds. SECTION 7. GENERAL PROVISIONS. 7.1 Vali i . If, for any reason, any section, r r , subdivision, clause, phrase, word, or provision oft is 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, cl u r s , or provision of this Agreement, for it is the definite intent of the parties tot is Agreement that every section, paragraph, subdivision, clause, phrase, r , and provision of this Agreement be given full force and effect for its pur- pose. » Ales Place FYI 314 Agmt Page 9 of 12 7.2 Jurisdiction laws of the State of Texas v rn and are li- c t o any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces County, Texas, where this Agreement was entered into and must be performed. 7.3 Nonexclusive E tin in this Agreement may be construed ro i i- ti the reci lent from entering into contracts with additional parties for the perfor- mance services similar or identical tot e enumerated in this Agreement, and nothing in i Agreement y be construed as prohibiting the Subrecipient from re- ceiving compensation fro such ition I contractual parties, provided all other terms oft is Agreement are fulfilled. 7.4 Modifications. Modifications tot is Agreement are not effective unless signed my authorized representative of c of the parties to this Agreement. Modifications which do not change the ss ni l scope and purpose of this r nt may be approved I of the iy by the ity Manager. 7.5 Copies Regulations. Copies of some the Is and regulations referenced in this Agreement have been provided to the Subrecipient as evidenced by the u r ci i n 's ESG Compliance Affidavit, which is attached to this Agreement as Exhibit is incorporated into is Agreement by reference. Any failure by the City to supply the Subrecipient it ny other applicable laws, regulations, in c s, rules, or policies not t in Exhibit B does not waive the u r ci i n ' compliance ther - it s required by law. Disclosure f Interest. In compliance with Section 2-349 of the City's o of Ordinances, e Subrecipient shall complete the i y's Disclosure of Interests fo , which is attached to this r en as Exhibit C, the contents o is , as a completed fr incorporated in this document by reference as if fully set out in this Agreement. (EXECUTION PAGES FOLLOW) charities Place FY1314.4gmt Page 10 of 1 Executed in duplicate originals this day of 9 2013. ATTEST: CITY OF CORPUS CHRISTI �Ro�naldd L. Olson City Secretary City Manager form: Ord Approved as to i SEf"IffA Lisa AgLjilarO Assistant i y Attorney for the City Attorney .44 I ACKNOWLEDGMENT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § it rrt s®* Sf This instrument c !edged before me on 2013, in his/her capacity e of h i of or Christi,t�nici I ®r ! c� �r tuns n if f corporation. (Seal) p fSTY LAC Nola y Pubic ® SLATE OF S t chadles Place FY1314 Agmt Page 11 of 1 COASTAL BEND ALCOHOL & DRUG REHABILITATION doing CENTER, INC., i s , a Texas nonprofit corporation i t Printed name Title ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before '"ti 1 , by %Kv , who is the Cmt iD (title) of I Alcohol & Drug Rehabilitation r, Inc., doing business as Charlie's Place, xc s nonprofit corporation, on behalf of the corporation. 6�OapaBfeda f � ® MMKOSM r Kiss ,DES Notary Public, State c Texas Febmay 21,2015 chadles Place FY1314 Agmt Page 12 of 12 EXHIBIT INSURANCE REQUIREMENTS 1. reoiDient's Lia ili y Insurance A. u reoi ient must not commence work under this agreement all insurance required herein has been obtained and such insurance has been approved by the i ty. Subrecipient must not allow any subcontractor to commence cork until all similar insurance required of the subcontractor has been otin B. Subrecipient must furnish to the City's Risk Manager and to the Department or Division responsible for is agreement, copies of Certificates of Insurance wi lice le policy endorsements, showing the following ini coverage insurance co pans)acceptable to the City's Risk Manager. The City must be named as an additional in ure for all liability olicies. TYPE OF INSURANCE MINIMUM INSURANCE 30.Day written notice of cancellation,s required n all Bodily Injury and Property Damage certificates r by policy endorsements Per occurrence®Aggregate COMMERCIAL L LIABILITY including: $1,000,000 Combined single Limit 1. Commercial Broad Form . Premises ®Operations 3. Products/Completed Operations Hazard . Contractual Liability . 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 of the accident. [Is Additional Requirements A. r ci ient®s financial integrity is of interest to the City; therefore, subject to Subrecipients. right to maintain reasonable deducti les in such ous as are approved by the City, Subrecipient shall obtain and maintain in full force and effect fort the duration oft is Contract, and any extension hereof, at u reci Tent's sole expense, insurance coverage written on an occurrence basis, by companies authorized an admitted to do business in the State of s and with an A.M. st®s rating f no less than A-Film B. The City shall be entitled, upon request n without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required r and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions(except her 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 oft replacement certificate of insurance to City at the address provided below within 10 days oft e requested change. Subrecipient all 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: is 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 tot City of Corpus Christi her 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 toss 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 oft is 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 t o o rder Subrecipient to stop or 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 is 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 o r s elf insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. H. It is understood and are that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2013-2014 Ern ergency 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: -a—I V P . &&-C_ Emergency Solutions Grant Subrecipi'et Affiant, on oath, swears the following statements are true: 1, am the C g-Q_(title) of a Texas nonprofit corporation, is has applied for and been awarded Emergency Solutions Grant("ESG") Program funds administered by the City of Corpus Christi ("City"). Prior to the start of the project for which ESG funds have been awarded, as the representative of the above named subrecipient organization ("Subrecipient"), I met with City staff and received copies of the following Federal rules and regulations: OMB Circular ®1 02 24 CFR Part 1, .3, 5, 8, 24, 35, 4® 85, 107, 135 and 146 OMB Circular -11 24 CFR 570 and 576 OMB Circular ®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 Subrecipient's obligations of performance under the 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 Subreciplent may be subject to and with which the Subreciplent must comply, in accordance with Federal laws. By: SWORN TO AND SUBSCRIBED before me this the day of 2013. Notary Public, State of Texas MONA wam MY CO SSON EXPIRES 21® 15 ,t t' I� EXHIBIT C 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" ."See the definitions for the Disclosure of Interest in Section 11-General Info ation. COMPANY NAME: �a MAILING ADDRESS:� CITY: ZIP: FIRM is; 1. Corporation 2. Partnership( 3° Sole Owner( ) 4. Associaflon ( 5. Other ( DISCLOSURE T! If additional space is necessary, please use the reverse side of this page or attach a separate sheets 1, State the names of each"employee"of the City of Corpus Christi having an"ownership interest"constituting %or more of the ownership in the above named"firm." Name Job Title and City Department(If known) . State the names of each"official"of the City of Carpus Christ!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 3%or more of the ownership in the above named" Blame I Board, Commission,or Committee . 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 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 Info anon requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occurs Certifying Person. Title; (Type or 'nt) Signature of Certifying Person: �,� Date;