HomeMy WebLinkAboutC2014-308 - 6/17/2014 - Approved ORIGINAL
EMERGENCY SOLUTIONS GRANT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
THE SALVATION ARMY
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 The Salvation Army ("Subrecipient"), a
foreign nonprofit corporation organized under the laws of the State of Georgia.
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;
WHEREAS, the Subrecipient is able and desirous of providing the appropriate support
services to persons who are homeless and in need of assistance in order to improve the
quality of their lives; and
WHEREAS, the City has allocated Emergency Solutions Grant ("ESG") funds in the
amount of$25,000 for fiscal year 2014-2015 to the Subrecipient for assistance in
providing support services for the 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 of the tasks described in this Agreement.
SECTION 1. CITY'S FUNDING OBLIGATIONS. The City agrees to:
1.1 Funding. Provide the Subrecipient up to Twenty Five Thousand Dollars
($25,000) of ESG funds on a reimbursement basis.
2014-308
6/17/14
Ord. 030203
Page 1 of 12 INDEXED
The Salvation Army
1
1.2 Reimbursement. Reimburse ESG funds to the Subrecipient according to this
Agreement and as follows:
(A) Up to and not more than $15,000 will be reimbursed to the Subrecipient for the
provision of emergency shelter activities to the homeless.
(B) Up to and not more than $5,000 will be reimbursed to the Subrecipient for the
provision of homeless prevention services.
(C) Up to and not more than $5,000 will be reimbursed to the Subrecipient for the
provision of rapid re-housing services.
SECTION 2. SUBRECIPIENT'S FUNDING OBLIGATIONS. Subrecipient 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
Trustees, 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 ("CFR"), 24 CFR Part 576, as amended, in-
cluding, but not limited to, those Federal requirements contained in Sections 5 and 6 of
this Agreement.
2.3 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.
2.4 Financial Records. Record financial transactions according to accrual accounting
procedures or develop such accrual information through analysis of the documentation
on hand and provide an independent audit for such expenditures upon request by the
City Manager or the Administrator of the City's Community Development Division ("CD")
of the Housing and Community Development Department ("HCD").
2.5 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.
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 time request. Sub-
recipient shall adhere and comply with the reporting requirements mandated for the
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.
Salvation Army FY1415 Agmt Page 2 of 12
2.8 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 Subrecipient on
activities not authorized under this Agreement or that are expended in violation of HUD
statutory and regulatory provisions.
2.9 Record Retention. The Subrecipient shall retain all required records for three
years following the final payment made under this Agreement or until all pending
matters are closed, whichever is later.
SECTION 3. TERM; TERMINATION; NOTICES.
3.1 Term. This Agreement commences on October 1, 2014, and terminates on
September 30, 2015.
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 City: If to the Subrecipient:
City of Corpus Christi The Salvation Army
Attn: Admin., Community Dev. Attn: Executive Director
P. O. Box 9277 521 Josephine
Corpus Christi, Texas 78469-9277 Corpus Christi, Texas 78401
(361) 826-3045 Office (361) 884-9497 Office
(361) 844-1740 Fax (361) 884-7522 Fax
(D) Either party may change the address to which notice is sent by using a method set
out above. The Subrecipient shall notify the City of an address change within 10
working days after the address is changed.
Salvation Army FY1415 Agmt Page 3 of 12
SECTION 4. INSURANCE AND INDEMNITY PROVISIONS
4.1 Liability Insurance. The Subrecipient shall have in force, throughout the term of
this Agreement, insurance that complies with the standards in Exhibit A, a copy of
which is attached to this Agreement and incorporated in this Agreement by reference. A
certificate evidencing the Subrecipient's provision of insurance must be provided to the
City's Risk Manager ("Risk Manager") and the Administrator of CD at least ten (10)
days prior to any expenditures of ESG funds by the Subrecipient. Failure to maintain
any of the types and limits of the insurance required by Exhibit A is cause for the City
Manager or the Administrator of CD to terminate this Agreement and cancel any and all
reimbursements of ESG funds to the Subrecipient.
4.2 Fire and Extended Coverage. The Subrecipient shall also have in force, through-
out the term of this Agreement and during the period which the facilities or building must
be maintained as a shelter for the homeless in accordance with Section 5.2 of this
Agreement and 24 CFR §576.53, as amended, fire and extended coverage insurance in
the amount indicated in Exhibit A. Failure to maintain such insurance is cause for the
City to terminate this Agreement and cancel any and all reimbursements of ESG funds
to Subrecipient.
4.3 Notice to City. Subrecipient shall require its insurance companies, written policies,
and certificates of insurance to provide that the City must be given thirty (30) days ad-
vance notice by the insurer prior to cancellation, nonrenewal, or material change of the
insurance policies required by Exhibit A.
4.4 Right to Re-evaluation and Adjust Limits. The Risk Manager retains the right to
re-evaluate the insurance requirements during the term of this Agreement and adjust
the types and limits of such insurance upon thirty (30) days written notice to Subrecip-
ient. Insurance types and limits may not be adjusted more frequently than once a year.
4.5 INDEMNIFICATION.
(A) Subrecipient covenants and agrees that it will indemnify and hold
City harmless of, from, and against all claims, demands, actions,
damages, losses, costs, liabilities, expenses, and judgments re-
covered from or asserted against the City on account of injury or
damage to persons or property (including, without limitation on
the foregoing, workers' compensation, death, and premises de-
fects) to the extent any such injury or damage may be incident to,
arise out of, or be caused, either proximately or remotely, wholly
or in part, by an act or omission, negligence, or misconduct on the
part of the City, its officers, employees, or agents ("Indemnitees"),
acting pursuant to this Agreement and with or without the express
or implied invitation or permission of the Subrecipient, or on the
part of the Subrecipient or any of its agents, servants, employees,
contractors, patrons, guests, licensees, or invitees entering upon
Salvation Army FY1415 Agmt Page 4 of 12
the facilities being used pursuant to this Agreement and with or
without the express or implied invitation or permission of the
Subrecipient, or when any such injury or damage is the result,
proximate or remote, wholly or in part, of the violation by In-
demnitees, the Subrecipient or any of its agents, servants, em-
ployees, contractors, patrons, guests, licensees, or invitees of any
law, ordinance, or governmental order of any kind, or when any
such injury or damage may in any other way arise from or out of
the use or occupancy of the facilities by Indemnitees, the Subre-
cipient or any of its agents, servants, employees, contractors,
patrons, guests, licensees, or invitees, including, but not limited
to, the failure of the Subrecipient to maintain the Facilities.
(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 contributory negligence or concurrent negligence
of Indemnitees, as applicable, but not if such injury or dam-
age may result from gross negligence or willful misconduct of In-
demnitees.
(C) The Subrecipient covenants and agrees that, in case the City is
made a party to any litigation against the Subrecipient or in any
litigation commenced by any party other than the Subrecipient re-
lating to this Agreement, the Subrecipient shall, upon receipt of
reasonable notice regarding commencement of litigation and at its
own expense, investigate all claims and demands, attend to their
settlement or other disposition, defend the City in all actions
based thereon with legal counsel satisfactory to the City Attorney,
and pay all charges of attorneys and all other costs and expenses
of any kind whatsoever arising from any said claims, demands, ac-
tions, damages, losses, costs, liabilities, expenses, or judgments.
(D) The indemnification provisions of this section survive the termina-
tion or expiration of this Agreement.
4.6 Subrecipient Contracts; Independent Contractor Status. In no event is the City
liable for any contracts made by the Subrecipient with any person, partnership, firm,
corporation, association, or governmental body. All of the services required by this
Agreement must be performed by the Subrecipient, or under its supervision. It is
agreed by the parties to this Agreement that the Subrecipient is an independent con-
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.
Salvation Army FY1415 Agmt Page 5 of 12
SECTION 5. PROGRAM REQUIREMENTS
5.1 Matching Funds.
(A) The Subrecipient shall match the ESG funding providing by the City with an equal
amount 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
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 of this subsection
(B), the Subrecipient shall 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 which 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
which must be provided with each invoice.
5.2 Use as an Emergency Shelter.
(A) 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 as a shelter for
the homeless for not less than a three-year period or, if the grant amounts are used
for major rehabilitation or conversion of a building for use as an emergency shelter,
for not less than a 10-year period. The three-year and 10-year periods referred to
in this subsection begin to run:
(1) In the case of a building that was not operated as an emergency shelter for the
homeless before receipt of ESG funds under this Agreement, on the date of initial
occupancy as an emergency shelter 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 date that grant
amounts are first obligated for the shelter.
(B) Any building for which 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
Salvation Army FY1415 Agmt Page 6 of 12
served. For purposes of this subsection, the term "same general population"
means 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 for developing and implementing homeless prevention activities
does not trigger any period of use requirements.
5.3 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.
6.1 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-2000d-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.S.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 term "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;
Salvation Army FY1415 Agmt Page 7 of 12
(E) The requirements of Executive Orders 11625, as amended by Executive Orders
12007 (3 CFR, 1971-1975 Comp., p. 616, and 3 CFR, 1977 Comp., p. 139) (Minor-
ity Business Enterprises), as each may be amended; Executive Order 12432 (3
CFR, 1983 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,
(F) The requirement that the Subrecipient 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 Subrecipient 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.
6.2 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.
6.3 Lead-based Paint.
(A) Subrecipient shall comply with the applicable requirements of the Lead-Based
Paint Poisoning Prevention Act (42 U.S.C. §§4821-4846), the Residential Lead-
Based Paint Hazard Reduction Act of 1992 (42 U.S.C. §§4851-4856), and the
implementing regulations at 24 CFR Part 35, as each may be amended.
(B) In addition, the Subrecipient shall also meet the following requirements relating to
inspection and abatement of defective 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.
6.4 Conflicts of Interest. In addition to the conflict of interest provisions in OMB Cir-
culars A-102 and A-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,
Salvation Army FY1415 Agmt Page 8 of 12
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
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. §§4012a(a) et seq.], as amended.
6.7 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.
6.9 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.
6.10 Contract Work Hours and Safety Standards Act. The Subrecipient 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, as set 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
Salvation Army FY1415 Agmt Page 9 of 12
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 to this Agreement that every section, paragraph, subdivision, clause,
phrase, word, and provision of this Agreement be given full force and effect for its pur-
pose.
7.2 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 Christi, 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, as authorized
by their governing bodies 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 Subrecipient 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 Subrecipient'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 Subrecipient shall complete the City's Disclosure of Interests form,
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)
Salvation Army FY1415 Agmt Page 10 of 12
Executed in quadruplicate originals th•is day of 0L7'"A1 2014.
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta n-R aid L. Olson
City Secretary ' City Manager
Approved as to form: 3/40 y
Oycl . 03°.
reborah W. Bro ft VUNCIL I
Assistant City Attorney
for the City Attorney SECRETARY'
A
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrument was acknowledged before me on Or kr,l p ( , 2014,
by_-4.46C,YY 11n,r_ , in his/her capacity as the
)(46 j-1- CA: +v Maw 4Aa_r of the City of Corpus Christi, a
Texas municipal home rule corpdeation, on behalf of the corporation.
•
(Seal) At. . . , _� .��. i
•t.ry Publi *tate of Texas
KRISTY CLICK
NotarPublic
• * * STATE OF TEXAS
k�j; ,,; Comm.Ex.. . .18,2016
Salvation Army FY1415 Agmt Page 11 of 12
SUBRECIPIENT: THE SALVATION ARMY, a Georgia nonprofit corporation
1 .O Z
Signature I
Date
Li-. Col. K. n Luyk
Printed name 1
�exa5 Divi Slvna( Cov wtatidex
Title
ACKNOWLEDGMENT
STATE OF GEORGIA §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF FULTON §
•
his instrume t was acknowledged before me on Ai• 2.4 2014, by
OL 0„if , who is the I^ 101,4;c..) (title)
of Salvation y, a G rgia nonprofit corporation, on b- - .If of the corporation.
°,,►''� GENEVA MURPHY
;=r' . Notary Public.State of Texas 4 ` !'p4
i; My Commission Expires �'.. 4l1�>'1►0 .
July 21. 2018 Notary le . lc, = 45
My commission expires 4.24. 1$
Salvation Army FY1415 Agmt Page 12 of 12
•
EXHIBIT A
INSURANCE REQUIREMENTS
I. Subrecipient's Liability Insurance
A. Subrecipient must not commence work under this agreement all insurance required herein has been
obtained and such insurance has been approved by the City. Subrecipient must not allow any
subcontractor to commence work until all similar insurance required of the subcontractor has been
obtained.
B. Subrecipient must furnish to the City's Risk Manager and to the Department or Division responsible for
this agreement, copies of Certificates of Insurance with applicable policy endorsements, showing the
following minimum coverage by insurance company(s)acceptable to the City's Risk Manager. The City
must be named as an additional insured for all liability policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day written notice of cancellation, s required on all Bodily Injury and Property Damage
certificates or by policy endorsements Per occurrence-Aggregate
COMMERCIAL GENERAL LIABILITY including: $1,000,000 Combined Single 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 of the accident.
II. Additional Requirements
A. Subrecipient's financial integrity is of interest to the City; therefore, subject to Subrecipients right to
maintain reasonable deductibles in such amounts as are approved by the City, Subrecipient shall
obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof,
at Subrecipient's sole expense, insurance coverage written on an occurrence basis, by companies
authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no
less than A- VII.
B. The City shall be entitled, upon request and without expense, to receive copies of the policies,
declarations page and all endorsements thereto as they apply to the limits required by the City, and
•
may require the deletion, revision, or modification of particular policy terms, conditions, limitations or
exclusions (except where policy provisions are established by law or regulation binding upon either of
the parties hereto or the underwriter of any such policies). Subrecipient shall be required to comply
with any such requests and shall submit a copy of the replacement certificate of insurance to City at
the address provided below within 10 days of the requested change. Subrecipient shall pay any costs
incurred resulting from said changes. All notices under this Article shall be given to City at the
following address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
(361) 826-4555- Fax#
C. Subrecipient agrees that with respect to the above required insurance, all insurance policies
are to contain or be endorsed to contain the following required provisions:
• Name the City and its officers, officials, employees, volunteers, and elected representatives as
additional insured by endorsement, as respects operations and activities of, or on behalf of, the
named insured performed under contract with the City,
• Provide for an endorsement that the "other insurance" clause 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 ten (10)calendar days
advance written notice for nonpayment of premium.
D. Within five (5)calendar days of a suspension, cancellation, or non-renewal of coverage, Subrecipient
shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall
have the option to suspend Subrecipient's performance should there be a lapse in coverage at any
time during this contract. Failure to provide and to maintain the required insurance shall constitute a
material breach of this contract.
E. In addition to any other remedies the City may have upon Subrecipient's failure to provide and
maintain any insurance or policy endorsements to the extent and within the time herein required, the
City shall have the right to order Subrecipient to stop work hereunder, and/or withhold any
payment(s) which become due to Subrecipient hereunder until Subrecipient demonstrates
compliance with the requirements hereof.
F. Nothing herein contained shall be construed as limiting in any way the extent to which Subrecipient
may be held responsible for payments of damages to persons or property resulting from
Subrecipient's or its subcontractors' performance of the work covered under this agreement.
G. It is agreed that Subrecipient's insurance shall be deemed primary and non-contributory with respect
to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of
operations under this agreement.
H. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
2014-2015 Emergency Solutions Grants Subrecipient Agreements ins. req.
Risk Mgmt.
EXHIBIT B
ESG COMPLIANCE AFFIDAVIT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
Date: Da •TZ •i`i
Affiant: 0-tori ARm ( 'n��ppc�-5 (-hae {,.
Emergency Solutions Gda(it Subrecipient
Affiant, on oath, swears the following statements are true:
•
I, j A fI il�Ay , am the Lop p O i et (title)
of j Vie_ alio-ton A1cmCori u;)Che is-h ' , a Texas nonprofit
corporation, which has applid 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 A-102 24 CFR Part 1, 3, 5, 8, 24, 35, 84, 85, 107, 135
and 146
OMB Circular A-110 24 CFR 570 and 576
OMB Circular A-122 41 CFR 60.1 and 60.4
OMB Circular A-133
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 Subrecipient may be subject to and with which
the Subrecipient m omply, in accordance with Federal laws.
By: 1
.--1.\\ ,
SWORN TO AND UBSCRIBED before me this the d.,a. Ia. day of
41,-)V,vrtectiV , 014.
,4 21 ); /4
,.aY��; S,ea'l) SHARON DOUGLAS Notary Public, State o Texas
[j.•
� am Notary Public.State of TexoS
:«= My Commission Expires
f a�iE;' September 03, 2017
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_ ` y% EXHIBIT C
7852
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"NA."See the definitions for
the Disclosure of Interest in Section II-General Information.
COMPANY NAME: 'Ii;. 3Q 11)4+/i&_ ik(L..�'Yi �))f a (Den2116_,l_6 p paairt 0 uk--f R �oRpos CI'1R.1 )
MAILING ADDRESS: 52.1
`JQSPphi ee# CITY:�,,�RnJ:��Ri. -h ZIP:03401
FIRM is: 1. Corporation ( ) 2. Partnership( ) 3. Sole Owner( )
4. Association ( ) 5. Other (/ )
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach a separate sheet.
1. State the names of each"employee"of the City of Corpus Christi having an"ownership interest"constituting 3%or more of the
ownership in the above named"firm."
Name Job Title and City Department(if known)
IV A
2. State the names of each"official"of the City of Corpus Christi having an"ownership interest"constituting 3%or more of the
ownership in the above named"firm."
Name Title
/A
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"firm."
Name Board, Commission,or Committee
4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any matter related to the
subject of this contract and has an"ownership interest"constituting 3%or more of the ownership in the above named"firm."
Name Consultant
al/4.
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: LCot. KC,V1 L Gtyk. Title: 45 Dlvidiona� 64minrtnder
(Type or Print) "ial/
Signature of Certifying Person: Date: 0E12) 4`�
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�IVAT1�
THE SALVATION ARMY POLICY STATEMENT
ON RELATIONSHIPS WITH OTHER GROUPS AND ORGANIZATIONS
The Salvation Army in the United States works cooperatively with many groups —
governmental, social service, civic, religious, business, humanitarian, educational, health,
character building, and other groups — in the pursuit of its mission to preach the Christian
Gospel and meet human need.
Any agency, governmental or private, which enters into a contractual or cooperative
relationship with The Salvation Army should be advised that:
1. The Salvation Army is an international religious and charitable movement,
organized and operated on a quasi-military pattern,and is a branch of the Christian church.
2. All programs of The Salvation Army are administered by Salvation Army Officers,who are
ministers of the Gospel.
3. The motivation of the organization is love of God and a practical concern
for the needs of humanity.
4. The Salvation Army's provision of food, shelter, health services, counseling,
and other physical, social, emotional, psychological and spiritual aid, is
given on the basis of need, available resources and established program
policies.
Organizations contracting and/or cooperating with The Salvation Army may be assured that because
The Salvation Army is rooted in Christian compassion and is governed by Judeo-Christian ethics,
The Salvation Army will strictly observe all provisions of its contracts and agreements.
Commissioners Conference:
May 1996