Loading...
HomeMy WebLinkAboutC2013-236 - 5/14/2013 - Approved oflldINA EMERGENCY SOLUTIONS GRANT AGREEMENT BETWEENTHE CITY OF CORPUS CHRISTI AND RECOVERY CONTACTS, INC. THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This agreement ("Agreement') is made and entered into by the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its City Manager or the City Manager's designee ("City Manager"), and Recovery Contacts, Inc. ("Subrecipient'), a nonprofit corporation organized under the laws of the State of Texas. WHEREAS, there being a genuine need for support services for persons who are homeless and for appropriate facilities in which to provide the services in the City of Corpus Christi; WHEREAS, providing support services to persons who are homeless promotes the public welfare, health, and safety; WHEREAS, the City is desirous of providing appropriate support services to persons who are homeless; WHEREAS, appropriate support services include decent, safe, and sanitary shelter, medical assistance, counseling supervision, and other services essential for achieving independent living; ® the Subrecipient is able and desirous of providing the appropriate support services to persons who are homeless and in need of assistance in order to improve the quality o f t heir lives; and WHEREAS, the it has allocated Emergency Solutions Grant ("ESG") funds in the amount of $15,051 for fiscal year 2013-2014 tot Subrecipient for assistance in providing support services fort homeless. NOW, THEREFORE, the City and the Subrecipient have severally and collectively agreed and, by the execution of this Agreement, are bound to the mutual obligations, performance, and accomplishment oft e tasks described in this Agreement. SECTION 1. CITYS FUNDING OBLIGATIONS. The City agrees to: 1.1 Funding. Provide the Subrecipient up to Fifteen Thousand and Fifty-one Dollars ($15,051) of ESG funds on a reimbursement basis. 2013-236 5/14/13 Ord. 029831 Recovery Contacts Inc. WDEXED 1® Reimbursement. Reimburse ESG funds tot Subrecipient according to this Agreement and as follows: (A) Up to and not more than $15,051 will be reimbursed to the Subrecipient for the provision of emergency shelter activities to the homeless. SECTION 2. SUBRECIPIENT'S FUNDING OBLIGATIONS. Subreciplent agrees to: 2.1 Staff and Administrative Support. Provide sufficient staff and administrative sup- port to carry out the stated activities, supervise the delivery of services to homeless persons, and provide supervision and oversight, by the Subrecipient's Board of Direc- tors, of professional services provided by the Subrecipient. 2.2 Services and Facilities. Provide services and utilize the facilities or buildings in accordance with the Emergency Solutions Grants Program regulations contained in the United States Code of Federal Regulations (`g ")® 24 CFR Part 576, as amended, in- cluding, but not limited to, those Federal requirements contained in Sections 5 and 6 of this Agreement. ® Permits and Licensing. Obtain and maintain any permits, certificates, and licen- ses that are required of the stated activities and of the facility or the services offered therein by the State of Texas and any other agencies having regulatory jurisdiction over the facility or services. ® Financial Records. Record financial transactions according to accrual accounting procedures or develop such accrual information through analysis of the documentation on an and provide an independent audit for such expenditures upon request by the City Manager or the Administrator of the City®s Community Development Division (64 CD"). ® Access to Records. Provide access to all records, documents, reports, or audits regarding the activities funded under this Agreement, during regular business hours, for purposes of the United States Department of Housing and Urban Development ("HUD"), the City, or CD, in order to conduct audits or monitoring. ® Information and Reports. Provide any information pertinent to this Agreement as the City Manager, the Administrator of CD, or HUD may from time to time request. Sub- recipient all adhere and comply with the reporting requirements mandated fort e Homeless Management Information System (HMIS) administered by the City as a condition of receiving funds under this Agreement. 2.7 Notification of Change. Notify the City within ten (10) days when the scope® funding, staffing, or services being provided by the Subrecipient changes from its cur- rent level. ® Use of Funds. Expend all funds solely for the activities described and funded under this Agreement and in accordance with HUD regulations. The Subrecipient shall reimburse the City for all City-provided ESG funds expended by the Subreciplent on activities not authorized under this Agreement or that are expended in violation of HUD statutory and regulatory provisions. Recovery Contacts FY 1314 Agmt Page 2 of 12 2.9 Record Retention. The Subrecipient all retain all required records for three years following the final payment made under this Agreement or until all pending matters are closed, whichever is later. SECTION 3. TERM; TERMINATION; NOTICES. ®1 Term. This Agreement commences on August 1, 13® and terminates on July 31® 2014. 3.2 Termination. Either party may terminate this Agreement as of the last day of any month upon thirty (30) days prior written notice to the other party. 3.3 Notices. (A) All notices, demands, requests, or replies provided for or permitted under this Agreement, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; (4) by deposit with an overnight express delivery service, for which service has been prepaid; or(5) by fax transmission. (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service, Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph com- pany or overnight express carrier. Notice by fax transmission will be deemed effec- tive upon transmission, with proof of confirmed delivery. (C) All such communications must only be made to the following- If to the If to the Subrecipknt: City of Corpus Christi Recovery Contacts, Inc. Attn: in.® Community ev® Attn: Executive Director Box 9277 626 Robinson, #5 Corpus Chrisfi, Texas 78469-9277 Corpus Christi, Texas 78404 (361) 826-3045 Office (361) 774-3386 Office (361) 844-1740 Fax (361) 723-0614 Fax (D) Either party may change the address to his notice is sent by using a method set out above. The Subreciplent shall notify the City of an address change within 10 working days after the address is changed. SECTION 4. INSURANCE AND INDEMNITY PROVISIONS 4.1 Liability Insurance. The Subrecipient shall have in force, throughout the to of this Agreement, insurance that complies with the standards in Exhibit A, a copy of is is attached to this Agreement and incorporated in this Agreement by reference. A Recovery Contacts FY1314 Agmt Page 3 of 12 certificate evidencing the br ci i ntes provision of insurance us t be provi City's Risk Manager("Risk r`°) aand the inis r to of CID at least ten (1 Sys prior to any expenditures funs by the Subrecipient. Failure to maintain any of the types and limits of the insurance required y Exhibit A is cause for the iy Manager or the inistrtr of CID to i this Agreement and cancel any and all reimbursements c funds to the Subrecipient. 4.2 Fire . The Subrecipient II also have in force, through- out the term of is Agreement and during the period which the facilities cr building must be maintained s a shelter for the homeless in accordance with Section n oft is Agreement and 24 CFR §576.53, as amended, firs and extended coverage insurance in the amount indicated in Exhibit A. Failure to int in such insurance is cause for the City to terminate this Agreement and cancel n ll reimbursements cf ESG funds to rciint. 4.3 Notice i u r ci i n shall require its insurance companies, written policies, and certificates cf insurance to provide that the ity must be given thirty days ad- vance notice by the insurer prior to cancellation, nonrenewal, or material change of the insurance olicies required y Exhibit A. 4.4 Right to Re-evaluation and Adjust Limits. The Risk n er retains the right to re-evaluate the insurance requirements urin the term oft is Agreement and just the types and limits of such insurance u on thirty (3 days written notice to u r ci ient. Insurance types and limits may not be adjusted more frequently than once a year. 4.5 INDEMNIFICATION. Subrecipient covenants and agrees that it i indemnify City harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, : from ! injury damage to persons or property (including, without limitation foregoing,the premises incident to, arise out of, or be caused, either proximately remotely, or in s by an act or omission, r or misconduct part of the s its " ► ") , acting r this 1 or implied invitation or permission l , or on the part of the Subrecipient or any of its agents, servants, employees, contractors, patrons, guests, licensees, invitees facilities the ► without the express or implied invitation or permission result,Subrecipient, or when any such injury or damage is the proximate remote, wholly or in part, In- demnitees, the Subrecipient , servants, em- Recovery contacts FY 1314 Agmt Page 4 of 1 contractors, patrons, guests, licensees, or invitees of any order law, ordinance, or governmental : or when any facilities such injury or damage may in any other way arise from or out of the use or occupancy of the 1 , Subre- cipient or any of its agents, servants, employees, contractors, licensees,patrons, guests, or invitees, including, but not limited failure to, the 1 Facilities. contributory(B) These terms of indemnification are effective upon the date of exe- cution of this Agreement and whether such injury or damage may result from the , or concurrent negligence of Indemnitees, but not if such injury or damage may result negligence gross that,(C) The Subrecipient covenants and agrees in case the City is made a party to any litigation ► Subrecipient or in any re- lating , the Subrecipient shall, upon receipt of notice reasonable r litigation its own , investigate all claims , attend to their settlement or other disposition, City in all actions Attorney,based thereon with legal counsel satisfactory to the City and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from 1 , demands, liabilities, expenses, orjudgments. (D) The indemnification provisions of this section survive the termina- expiration of this Agreement Subrecipient Contracts; Independent Contractor Status. to no event is the City liable for any contracts made by the Subrecipient with ny person, partnership, fir corporation, association, or governmental body. All of the services required y this Agreement must be performed by the u reci i nt, or under its supervision. It is agreed e parties to this Agreement the ubrecipient is an independent con- tractor providing the o ices on behalf of the ity and that ubroci i nt may not incur any debts or obligations on behalf of the City. SECTION a PROGRAM REQUIREMENTS .1 Matching Funds. ( The Subrecipient II match the funding roi in g by the City with an equal aunt of funds from sources other than ESG funds. These matching funds must be provided er the t of the grant r to the Subrecipient and the ecution oft this r ont® Funds used to match a previous grant y not be used to Recovery Contacts FYI 314 Agrrmt Page 5 of 12 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 o f t his subsection (B), the Subrecipient all determine the value of any donated material or building, or of any lease, using any method reasonably calculated to establish a fair market value. (C) The Subrecipient 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 Subrecipient shall submit matching funds support documentation is must be provided with each invoice. 5.2 Use as an Emergency Shelter. (A) Any building for which ESG funds are used by the Subreciplent for renovation for use as an emergency shelter for the 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 1 0-year period. The three-year and 1 0-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 to of initial occupancy as an emergency shelter for the 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, on the to 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 for the homeless for the period during which such assistance is provided under this Agreement. A substitute site or shel- ter may be used during this period so long as the same general population is served. For purposes of this subsection, the term "same general population" can either the same types of homeless persons originally served with ESG funds (i.e., battered spouses, runaway children, families, or mentally ill individuals) or per- sons in the same geographic area. (C) Using ESG funds ford velopin and implementing homeless prevention activities does not trigger any period of use requirements, Recovery Contacts x'1314 Agmt Page 6 of 12 ® Building Standards. Any building for which ESG funds are used for renovation, major rehabilitation, or conversion must meet local government safety and sanitation standards, 5.4 Assistance to the Homeless. The Subrecipient shall assist homeless individuals and families in obtaining access to appropriate supportive services, including permanent housing, medical health treatment, counseling, supervision, and other services essen- tial for achieving independent living. Additionally, the Subrecipient shall assist home- less individuals and families in obtaining access to other Federal, State, local, and pri- vate aid that may be necessary to such individuals and families. SECTION 6. ADDITIONAL FEDERAL REQUIREMENTS. ®1 Nondiscrimination And Equal Opportunity. The Subrecipient shall comply with the following requirements.- (A) The requirements of the Fair Housing Act, 42 United States Code ("U.S.C.") §3601-19, and implementing regulations at 24 CFR Part 100 et seq., as each may be amended; Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1959-1963 Comp., p. 652, and 3 CFR, 1980 Comp., p. 307), as each may be further amended; Equal Opportunity in Housing Programs and implementing regu- lations at 24 CFR Part 107, as each may be amended-, Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§2000d-20OOd-4), as it may be amended; and, Nondiscrim- ination in Federally Assisted Programs and implementing regulations at 24 CFR Part 1, as each may be amended; (B) The prohibitions against discrimination on the basis of age under the Age Discrimi- nation Act of 1975 (42 U.S.C. §§6101-07) and implementing regulations at 24 CFR Part 146, as each may be amended; and the prohibitions against discrimination against otherwise qualified individuals with disabilities under Section 504 of the Rehabilitation Act of 1973 (29 U.&C. §794) and implementing regulations at 42 U.S.C. §12101 et seq., and 24 CFR Part 8, as each may be amended. For pur- poses of the ESG funding programs, the to "dwelling units" in 24 CFR Part 8, as it may be amended, includes sleeping accommodations-, (C) The requirements of Executive Order 11246 and the supplemental regulations issued in 41 CFR Chapter 60, as each may be amended, (D) The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. §1701 u, and implementing regulations at 24 CFR Part 135 and 24 CFR §570.607(b), as each may be amended; (E) The requirements of Executive Orders 11625, as amended by Executive Orders 12007 (3 CFR, 1971-1975 Comp., p. 616, and 3 CFR, 1977 Comp., p. 13 9) (Minor- ity Business Enterprises), as each may be amended; Executive Order 12432 (3 CFR, 1983 Comp., p. 198) (Minority Business Enterprise Development), as each may be amended; and Executive Order 12138, as amended by Executive Order 12608 (3 CFR, 1977 Comp., p. 393, and 3 CFR, 1987 Comp., p® 245) (Women's Business Enterprise), as each may be further amended; and, Recovery Contacts FYI 314 Agmt Page 7 of 12 (F) The requirement that the Subreciplent make known that use of the facilities and ser- vices is available to all persons on a nondiscriminatory basis. Where the proce- dures that a Subrecipient uses to make known the availability of such facilities and services are unlikely to reach persons with disabilities or persons of any particular race, color, religion, sex, age, or national origin within the Subrecipient's service area who may qualify for them, the Subrecipient shall establish additional proce- dures that will ensure that these persons are made aware of the facilities and ser- vices. The Subreciplent shall also adopt and implement procedures designed to make available to interested persons information concerning the existence and location for services and facilities that are accessible to persons with disabilities. ® Applicability of OMB Circulars. The Subrecipient shall comply with the policies, guidelines, and requirements that are applicable to the use of ESG funds set forth in 24 CFR Parts 84 and 85 and United States Office of Management and Budget ("OMB") Circular No. A-122 as they relate to the acceptance and use of ESG funds. ® Lead-based Paint. (A) Subrecipient shall comply with the applicable requirements of the Loa se 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 Subreciplent shall also meet the following requirements relating to inspection and abatement of defective lead-based paint surfaces: (1) Treatment of defective paint surfaces must be performed before final in- spection and approval of any renovation, rehabilitation, or conversion activity under this Agreement; and (2) Appropriate action must be taken to protect shelter occupants from the hazards associated with lead-based paint abatement procedures. ® Conflicts of Interest. I n a ddition to the conflict of interest provisions in OMB Cir- culars A-1 02 and -110, no person who is an employee, agent, consultant, officer, or elected or appointed official of the Subrecipient that receives ESG funds and who exer- cises or has exercised any functions or responsibilities with respect to assisted activi- ties, or who is in a position to participate in a decision-making process, or who may gain inside information with regard to such activities may obtain a personal or financial inter- est or benefit from the activity or have an interest in any contract, subcontract, or agree- ment with respect thereto or business ties during his or her tenure and for one year thereafter. HUD may grant an exception to this exclusion, upon prior written approval, as provided in 24 CFR §570.611(d), as amended. In the event the Subrecipient desires to obtain an exception to the exclusion from HUD, the Subrecipient must comply with 24 CFR §570.611 and file a written application, containing full disclosure of the facts® with the Administrator of CD. 6.5 Use of Debarred, Suspended, or Ineligible Contractors. The provisions of 24 CFR Part 24, as amended, relating to the employment, engagement of services, awarding of contracts, and funding of any contractors or subcontractors during any Recovery Contacts FY1314 Agmt Page 8 of 12 period of debarment, suspension, or placement in ineligibility status, are applicable to the Subrecipient. 6.6 Flood Insurance. No site proposed on which renovation, major rehabilitation, or conversion of a building is to be assisted with ESG funds may be located in an area that has been identified by the United States Federal Emergency Management Agency ("FEMA") as having special flood hazards, unless: (1) the community in which the area is situated is participating in the National Flood Insurance Program and the regulations thereunder(44 CFR Parts 59 through 79), as amended; and, (2) if the structure is lo- cated in a special hazard area, the Subrecipient shall ensure that flood insurance on the structure is obtained in compliance with Section 102(a) of the Flood Disaster Protection Act of 1973 [42 U.S.C. 12 (a} et seq.], as amended. ®7 Coastal Barriers. In accordance with the Coastal Barrier Resources Act, 16 U.S.C. §3501, as amended, no ESG funds may be made available within the Coastal Barrier Resources System. 6.8 Drug Free Workplace Act of 1988. The Subrecipient shall certify that it will main- tain a drug-free workplace in accordance with the requirements of 24 CFR Part 24, Subpart F, as amended. ® Copeland Act. The Subrecipient shall comply with the Copeland "Anti-Kickback" Act, 18 U.S.C. §874, as amended and as supplemented by United States Department of Labor regulations, 29 CFR Part 3, as amended. ® Contract Work Hours and Safety Standards Act. The Subreciplent shall com- ply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. §§329 and 333, as amended and as supplemented by United States Depart- ment of Labor regulations, 29 CFR Part 5, as amended. 6.11 Audit. The Subrecipient is subject to the audit requirements of OMB Circular A- 133, ass t forth in 24 CFR Part 45, as amended. 6.12 Relocation and Acquisition. Consistent with the other goals and objectives of this Agreement, the Subrecipient shall ensure that it has taken all reasonable steps to minimize any displacement of persons (families, individuals, and farms) as a result of a project assisted with ESG funds. SECTION 7. GENERAL PROVISIONS. 7.1 Validity. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, sub- division, clause, phrase, word, or provision of this Agreement, for it is the definite intent of the parties t o t his Agreement that every section, paragraph, subdivision, clause, phrase, word, and provision of this Agreement be given full force and effect for its pur- pose. Recovery Contacts FYI 314 Agmt Page 9 of 12 7® Jurisdiction and Venue. The laws of the State of Texas govern and are appli- cable to any dispute arising under this Agreement. Venue is in Corpus riti® Nueces County, Texas, where this Agreement was entered into and must be performed. 7.3 Nonexclusive Services. Nothing in this Agreement may be construed as prohibi- ting the Subrecipient from entering into contracts with additional parties for the perfor- mance of services similar or identical to those enumerated in this Agreement, and nothing in this Agreement may be construed as prohibiting the Subrecipient from re- ceiving compensation from such additional contractual parties, provided that all other terms of this Agreement are fulfilled. 7.4 Modifications. Modifications to this Agreement are not effective unless signed by a duly authorized representative of each of the parties to this Agreement. Modifications which do not change the essential scope and purpose of this Agreement may be approved on behalf of the City by the City Manager. 7.5 Copies of Rules and Regulations. Copies of some of the rules and regulations referenced in this Agreement have been provided to the Subreciplent as evidenced by the Subrecipient's ESG Compliance Affidavit, which is attached to this Agreement as Exhibit B and is incorporated into this Agreement by reference. Any failure by the City to supply the Subrecipient with any other applicable laws, regulations, ordinances, rules, or policies not stated in Exhibit B does not waive the Subreciplent's compliance there- with as required by law. 7.6 Disclosure of Interest. In compliance with Section 2-349 of the City's Code of Ordinances, the Sub reel pient shall complete the City's Disclosure of Interests for which is attached to this Agreement as Exhibit C, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. (EXECUTION PAGES FOLLOW) Recovery Contacts FY 1314 Agmt Page 10 of 12 Executed in duplicate originals this day of q 2013. ATTEST: CITY OF CORPUS CHRISTI Armando Chp a Kip—Ronald L. In City Secretary City Manager Approved as to ® - 13 caft-s Lisa Agu1W Assistant City Attorney dY C-GURML for the City Attorney S ETA Ecarra * f n a h ra&L, ACKNOWLEDGMENT ST WUNMIL 6) 0 STATE OF TEXAS § ac § KNOW ALL BY THESE PRESENTS. COUNTY OF NUECES § This instrument was acknowledged before me on 141 --'Aq:he�' �., 2013, by—SU&--R -1 - , in his/her capacity as the -A A in e2e-r of the City of Corpus Christi, a Tex�asmuniclpa lhom�e- ul corpor ion, on behalf of the corporation. (Seal) ic&o ,"State o"fgT—exa—s aRUSTY LIC Recovery Contacts FY 1314 Agmt Page 11 of 12 SUBRECIPIENT: RECOVERY CONTACTS, INC. Signature Date Printed Name al C Title ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on _' 2013, by - in his/her capacity as the �p of Recovery Contacts, Inc., a Texas non-profit corporation, on behalf of the corporation® Notary Public, State of Texas ® ti 20 ib Recovery Contacts FY1 314 Agmt Page 1 2 of 12 EXHIBIT A INSURANCE REQUIREMENTS Su reCiDient's-Liab flit y 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. Subreciplent must not allow any subcontractor to commence or until all similar insurance required oft subcontractor has been obtained. B. Subrecipient must furnish to the City's is Manager and tot 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 e City's Risk Manager. The City must be named as an additional insured for all liability policies. ----------------------------------- TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE ® 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: $L000, 00 Combined Sin le Limit 1. Commercial Broad Form 2. Premises -Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Independent Contractor 6. Personal Injury FIRE and EXTENDED COVERAGE (Applicable 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 accident. If. Additional Requirements A. Subrecipient's financial into grity is of interest tot City; therefore, subject to Subrecipients right to maintain reasonable deductibles in such amounts as are approved by the City, Subrecipient all obtain and maintain in full force and effect fort 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- VI I. B. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply 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 to eitherof the parties hereto or the underwriter of any such policies). Subreciplent shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days oft 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: 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 to the 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 to (1 0)calendar days advance written notice for nonpayment of premium. D. Within five(5)calendar days of a suspension,cancellation,or non-renewal of coverage, Subrecipient shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Subrecipient's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach 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 tot e extent and within the time herein required,the City shall have the right to order Subrecipient to stop or hereunder, and/or withhold any payment(s) is 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 or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. H. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2013-2014Emergenvy Solutions Grants Subreciplent Agreements ins.req. Risk Mgmt. EXHIBIT B ESG COMPLIANCE AFFIDAVIT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § r a t: _&alad Emergency SoTutions Grant Subrecipient Affiant, on oath, swears the following statements are true: 8 19 a ____,amt a (title) of L v ¶ r Q-mi &_ s o Texas nonprofit corporation, is li for and been awarded Emergency Solutions Grant( ") Program inn r the i y of Corpus Christi ("City"). Pdor to the start of the project for which ESG funds have been awarded, named subrecipient organization (" u ci i rat''), I met with i staff and received copies of the following r I rules and regulations: OMB Circular -1 02 24 CFR Part 1, • f B 9V°Pig 9 , 107, 1 and 1 OMB Circular -1 10 24 CFR 570 and OMB Circular -1 22 41 C .1 and 60.4 OMB Circular -1 By execution oft this affidavit, d attest that l have received the ov -list 1 rules regulations, i staff has explained terules regulations, and I understand Subrecipient's obligations of perfor c r the rules n regulations. u or , I acknowledge that there y be additional Federal rules and regulations, yon d s and regulations listed above, to which the Subrecipient may be subject i# is the Subre 1' 'ient must comply, in cc c e with Federal laws. By: SWORN TO AND SUBSCRIBED before me this the y of 2013. St at of Texas MY WIRES 21® IS 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. eery question must be answered. If the question is not applicable, answer with "NA."See the definitions for the Disclosure of Interest in Section 11®General Information. AILING DI3R e ` 1 f its I ; FIB is: 1. Corporation( ) 2. Partnership{ ) 3. Sole Owner( ) 4, Association 5. Other ( ) DISCLOSURE Tl If additional space is necessary, please use the reverse side of this page or attach a separate sheet. 1. State the names of each"employee"of the City of Corpus Christi having an"ownership interest"constituting 3%or more of the ownership in the above named"Firm." Name Job Title and City Department(if known) 4 2. State the names of each"official"of the City of Corpus ChrlsU having an"ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Title . Mate the names of each "board member'of the City of Corpus Christi having are"ownership interest'constituting 3%or more of the ownership in the above warned"Firm." Fame 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." Nacre 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 information requested,and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person, Title; &® !® (Type or n Signature of Certifying Person. Date: