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HomeMy WebLinkAboutC2015-358 - 7/14/2015 - Approved ORIGINAL EMERGENCY SOLUTIONS GRANT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI HOPE HOUSE 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 Corpus Christi Hope House, 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; 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$22,000 for fiscal year 2015-2016 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-Two Thousand Dollars ($22,000) of ESG funds on a reimbursement basis. 2015-358 7/14/15 Ord. 030544 INDEXED Corpus Christi Hope House 1.2 Reimbursement. Reimburse ESG funds to the Subrecipient according to this Agreement and as follows: (A) Up to and not more than $10,000 will be reimbursed to the Subrecipient for the provision of emergency shelter activities to the homeless. (B) Up to and not more than $6,000 will be reimbursed to the Subrecipient for the provision of homeless prevention services. (C) Up to and not more than $6,000 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 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 ("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 HUD Office of Inspector General, the Comptroller General of the United States or any of their authorized representatives,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. CC Hope House FY1516 Agmt Page 2 of 13 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. 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 five (5) 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, 2015, and terminates on September 30, 2016. 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 Corpus Christi Hope House, Inc. Attn: Admin., Community Dev. Attn: Executive Director P. O. Box 9277 658 Robinson St. Corpus Christi, Texas 78469-9277 Corpus Christi, Texas 78404 (361) 826-3045 Office (361) 852-2273 Office (361) 844-1740 Fax (361) 852-8211 Fax (D) Either party may change the address to which notice is sent by using a method set CC Hope House FY1516 Agmt Page 3 of 13 out above. The Subrecipient 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 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 §576.102, 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 CC Hope House FY1516 Agmt Page 4 of 13 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 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, but not if such injury or damage may result from the sole negligence or willful misconduct of Indemnitees. (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. CC Hope House FY1516 Agmt Page 5 of 13 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 §576.201, 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 served. For purposes of this subsection, the term "same general population" CC Hope House FY1516 Agmt Page 6 of 13 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. 5.5 Confidentiality. (1) The Subrecipient must develop and implement written procedures to ensure: (i) All records containing personal identifying information (as defined in HUD's standards for participation, data collection, and reporting in a local HMIS) of any individual or family who applies for and/or receives ESG Assistance will be kept secure and confidential; (ii) The address or location of any domestic violence, dating violence, or stalking shelter project assisted under the ESG will not be made public, except with written authorization of the person responsible for the operation of the shelter; and (iii) The address or location of any housing of a program participant will not be made public, except as provided under a pre-existing privacy policy of the Subrecipient and consistent with state and local laws regarding privacy and obligations of confidentiality. (2) The confidentiality procedures of the Subrecipient must be in writing and must be maintained in accordance with this section. 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 CC Hope House FY1516 Agmt Page 7 of 13 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. §1701u, 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. 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 2 CFR Part 200.101 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. CC Hope House FY1516 Agmt Page 8 of 13 (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 2 CFR Part 200.112, 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 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. CC Hope House FY1516 Agmt Page 9 of 13 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 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. 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. CC Hope House FY1516 Agmt Page 10 of 13 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) CC Hope House FY1516 Agmt Page 11 of 13 1+Executed in duplicate originals this day of CIV-eihA �ge24,15. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta SeRonald L. Olson City Secretary City Manager Approved as to form: 6 1 3 h b II !h COUNCIL..... 4 .4 I/.� i�� Yv • Al uilar ---i As'. ant I y Att4 ey sEciE'Ti14 for the City Attorney 6 ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrumenias acknowledged before me on Oc-� " Z , 2015, by .S4S 1`. ori- , in his/her capacity as the -A S i'i S`a + 01-1'y of t - ity of Corpus Christi, a Texas municipal home-rule corporation, on behalf of the arporation. (Seal) - Notary ' blic, State of Texas "" OLIVEREK ,�"•• `4,� ER KENT M otary Public,state of TO xp� '; < � My Commission Expire j "tr.• March 09, 2019 CC Hope House FY1516 Agmt Page 12 of 13 SUBRECIPIENT: CORPUS CHRISTI HOPE HOUSE, INC. )fi(tAi & '1 .,003— Si ature Date Me\ Wk 1\itz Printed Name &?cf Civil kg Di-o° IDIVC Title ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument yas acknowledged before me on DaObt( , 2015, by rAtti 5& ufA. Q-7i , in his/her capacity as the of Corpus Christi Hope House, Inc., a Texas non-profit corporation, on behalf of the corporation. .,.......„,..„.., LAtitikbdcz, MELISSA DELEON ',` Commission# 130396757 ( Notary Public, State of Texas 411, My Commission Expires 1 ,� October 6,2019 1 Nota CC Hope House FY1516 Agmt Page 13 of 13 EXHIBIT A INSURANCE REQUIREMENTS 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. 2015-2016 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: d.,, ,4°6S Affiant: GNU, Oh ri.Qi' (ArvIre hwi i ,..141(v Emergency Solutions Grant Subrecipient Affiant, on oath, swears the following statements are true: I, Mf\i' 4 Akre , am the brovhol I re (title) of &pr( i Cho-A tivre h' -Q 1-Tri C , a Texas nonprofit corporation, which 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: 2 CFR Part 200 24 CFR Part 1, 3, 5, 8, 24, 35, 84, 85, 107, 135 and 146 24 CFR 570 and 576 41 CFR 60.1 and 60.4 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, 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 must comply, in accordance with Federal laws. By: I / -Ait' ' 4160;,--) SWORN TO AND SUBSCRIBED before me this the aLeir day of Dib , 2015. bdt,IN'N MEussa(ems) Notaryblic, State of Texas Cortm fissions#t 130396757 ,7/��1 My Commission Expires Aro October 6,2019 PUS c,, V Or s/... O 7 m' EXHIBIT C .1852 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: Cc-446 Ota4 Nie WAkiiI ,-144-' MAILING ADDRESS: a5? Rd6 r147i1 CITY:IA{fitiOtes"11I it ZIP: 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) 2. State the names of each"official"of the City of Corpus Christi having an"ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Title 3. State the names of each"board member"of the City of Corpus Christi having an"ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board, Commission, or Committee N Ih 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 N)`1 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: M f Title:61,OrIQY re AY- (Type or Print) �n r Signature of Certifying Person: ► ' t—DyIV��t/ 4V v ) Date:Ojc ����