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
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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;