Loading...
HomeMy WebLinkAboutC2017-480 - 7/25/2017 - Approved STATE OF TEXAS § COUNTY OF NUECES § 2017 EMERGENCY SOLUTIONS GRANTS PROGRAM (ESG) SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI FAMILY ENDEAVORS, INC. This agreement (hereinafter "AGREEMENT") is made and entered into on this the 1 4 day of novemhPr , 2017, by and between 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 Family Endeavors, Inc., a domestic nonprofit corporation organized under the laws of the State of Texas hereinafter referred to as "SUBRECIPIENT." WITNESSETH: WHEREAS, SUBRECIPIENT desires to carry out eligible activities as described in the Statement of Work attached hereto as Exhibit A(the "Statement of Work"), and permitted by the Federal Register/Vol. 76, No. 233/Rules and Regulations pursuant to the U. S. Department of Housing and Urban Development Emergency Solutions Grants Program Entitlement Grant Regulations and covered in 24 CFR Parts 91 and 576. WHEREAS, the CITY proposes to contract with SUBRECIPIENT in order that the eligible activities described in Exhibit A (the "Statement of Work") can be carried out for the benefit of residents in the City's jurisdiction. NOW,THEREFORE, KNOW ALL MEN BY THESE PRESENTS that for and in consideration of the mutual covenants and agreements herein set forth and other good and valuable consideration the receipt of which is hereby acknowledged, the CITY and the SUBRECIPIENT do mutually agree as follows: SECTION I Rules and Regulations SUBRECIPIENT agrees to cooperate with the CITY in respect to the implementation of Emergency Solutions Grants Program ("ESG") activities CFDA No. 14.231 to be carried out by SUBRECIPIENT pursuant to 24 CFR Parts 91 and 576 and other requirements, regulations and decisions as may be made by the Department of Housing and Urban Development (HUD) or any 2017-480 7/25/17 Ord. 031202 :ment Page 1 of 32 157 Iitial Family Endeavors Inc. INDEXED other federal or state or entity that may legally exercise its jurisdiction over expenditures of ESG funds. SECTION II Statement of Work SUBRECIPIENT agrees to perform services as outlined in Exhibit A: Statement of Work, of this AGREEMENT for and in consideration of ESG funding in the amount of$50,050.00, enumerated in Exhibit B-1 (the "Grant Budget") and Exhibit B-2 (the "Payment Schedule"). SUBRECIPIENT agrees to notify the CITY, in writing, prior to any changes in its Statement of Work, the Grant Budget, the Payment Schedule and the Schedule of Activity attached hereto as Exhibit C (the "Schedule of Activity"). SUBRECIPIENT shall obtain approval, in writing, from the CITY prior to commencing work on any changes made to the Statement of Work, the Grant Budget, the Payment Schedule and the Schedule of Activity. CITY shall not be liable for costs incurred or performances rendered by SUBRECIPIENT before commencement of this AGREEMENT or after termination of this AGREEMENT. SUBRECIPIENT agrees to follow the schedule outlined in the Schedule of Activity of this AGREEMENT, and shall notify the CITY, in writing, prior to any changes, delays or departures from the Schedule of Activity. If SUBRECIPIENT demonstrates that delays or departure from the Schedule of Activity is due to circumstances beyond its control, the CITY and SUBRECIPIENT may (but the City shall not be required) amend the Schedule of Activity. SECTION III Records and Reports SUBRECIPIENT agrees to establish and maintain records and reports as outlined in the Records and Reports attached hereto as Exhibit D (the "Records and Reports") and agrees to make the Records and Reports available to the CITY, HUD, and any other local, state or federal entity or authority that may exercise jurisdiction over ESG funds. SUBRECIPIENT shall maintain records as per 24 CFR 576.500. SUBRECIPIENT shall retain all program records for a period of five (5) years from final ESG payment. 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. The confidentiality procedures of the SUBRECIPIENT must be in writing and must be maintained in accordance with this section. 2017 Family Endeavors Agreement Page 2 of 32 1 /- Initial SECTION IV Training and Monitoring Visits SUBRECIPIENT shall attend an orientation prior to the award of funds. SUPRECIPIENT shall attend any training as required by the CITY. SUBRECIPIENT agrees that the CITY shall conduct on-site monitoring visits at least annually to assure compliance with applicable Federal requirements and that performance goals are being achieved, if applicable, as per 2 CFR 200.328 (a). After each monitoring visit, the CITY shall provide SUBRECIPIENT with a written report of the monitor's findings. If the monitoring reports note deficiencies in SUBRECIPIENT'S performance under the terms of this AGREEMENT, the monitoring report shall include requirements for the timely correction of such deficiencies by no later than thirty (30) days of the date of the report by SUBRECIPIENT. Failure by SUBRECIPIENT to take action specified in the monitoring report may be cause for suspension or termination of this AGREEMENT, as provided in Section XII of this AGREEMENT. In addition, SUBRECIPIENT shall give HUD, Inspectors General, the Comptroller General of the United States, the CITY, and any of their duly authorized representatives, unobstructed and full access to and the right to examine all books, accounts, records, reports, files, and other papers,things, or property belonging to or in use by SUBRECIPIENT pertaining to this AGREEMENT. SECTION V Payment Requests and Program Income SUBRECIPIENT agrees to follow administrative directions from the CITY regarding documenting and processing payment requests as defined in the Requests for Payments attached hereto as Exhibit E (the "Requests for Payments") of this AGREEMENT. SUBRECIPIENT shall submit final reimbursement request to the CITY within 30 days (by September 1, 2018) of the AGREEMENT termination date. SUBRECIPIENT and CITY agree that if applicable, program income generated from the use of ESG funds shall be retained by the SUBRECIPIENT. If the activity is partially assisted with ESG funds, the SUBRECIPIENT agrees to pro-rate the gross income to reflect the percent of ESG funds assisted in the activity. SUBRECIPIENT is to provide to the CITY by the third Wednesday of each month an accounting of program income outlined in the Records and Reports. The CITY is then required to report all ESG program income earned, retained, and expended. 2017 Family Endeavors Agreement Page 3 of 32 Initial SUBRECIPIENT shall be allowed to use program income for the same or similar eligible activities that generated the program income. Failure of the SUBRECIPIENT to report program income as required shall cause the CITY to require all program income to be recovered by the CITY. SUBRECIPIENT and the CITY agree that all unused ESG funds at the end or termination of this AGREEMENT will be reallocated or reprogrammed by the CITY. Refer to Exhibit E for more detail. SECTION VI Matching Funds SUBRECIPIENT must match 100%the funds provided by the CITY with an equal amount of funds from other appropriate resources in this AGREEMENT as set forth in 24 CFR §576.201. Eligibility of matching fund sources shall be subject to review and approval by the CITY. In the event the CITY determines that the SUBRECIPIENT'S match funds are not in compliance with HUD regulations, policies, or directives,the CITY may, in its sole discretion, reduce the total funding amount set forth in an amount proportionate to the ineligible match funds. The requirements for matching ESG funds are described in section 576.201 of the ESG Interim Rule, and the requirements for documenting matching contributions are described in section 24 CFR 576.500(o). SECTION VII Lead Based Paint Lead Based Paint regulations require that all owners, perspective owners, and tenants of properties constructed prior to 1978 be properly noticed that such properties may contain lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment, and precautions that should be taken when dealing with lead-based paint poisoning. Lead-based Paint Remediation and Disclosure. The SUBRECIPIENT must comply with the Lead- Based Paint Poisoning Prevention Act (42 U.S.0 4821-4826), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations found at 24 CFR Part 35, subparts A, B, H,J, K, M and R with regard to all shelters assisted under ESG program and all housing occupied by program participants. SUBRECIPIENT may not use ESG funds to help a program participant remain or move into housing that does not meet the minimum habitability standards provided in 24 CFR §576.403 (b), (c), (1-10). SUBRECIPIENT must complete a Lead-Based Paint visual assessment on all units being assisted with ESG funds by state certified lead-based paint health inspectors, and must maintain in the client's file documentation that said inspection passed and met all requirements as referenced above. SECTION VIII Religious Activities SUBRECIPIENT and the CITY both agree that none of the funds expended or activities undertaken shall be used in support of any sectarian or religious activity or religious holiday, nor shall 2017 Family Endeavors Agreement Page 4 of 32 c// Initial l any building or structure funded under this AGREEMENT be used for sectarian or religious activities. If an entity conducts these activities, the activities must be offered separately, in time or location,from the programs or services funded under ESG, and participation must be voluntary for program participants as described in 24 CFR 576.406. SECTION IX Other Program Requirements SUBRECIPIENT agrees to comply with "Other Federal Requirements" as listed in 24 CFR 576.407 except for those environmental review requirements listed as 24 CFR part 50 and initiation of review process under the provisions of 24 CFR part 58. In general, the revisions to the section on "Other Federal Requirements" clarify the degree to which certain requirements are applicable, remove certain requirements that are redundant or moved elsewhere in the rule for improved organizational purposes, and change certain requirements to correspond with changes in the McKinney-Vento Act or other changes made by this interim rule. (Please see Exhibit F attached hereto and incorporated herein for all purposes). SECTION X Uniform Administrative Requirements SUBRECIPIENT must comply with the requirements and standards implemented in 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards" and any subsequent amendments thereto. (Please see Exhibit G attached hereto and incorporated herein for all purposes as guidance). Audits shall be conducted annually. SUBRECIPIENT shall comply with the provisions in 2 CFR Part 200 or the related ESG provisions, as specified in the Other Federal Requirements attached hereto as stated in Exhibit F (the "Other Federal Requirements") and any subsequent amendments thereto. SECTION XI Audit Requirements SUBRECIPIENT agrees to comply with the applicable requirements and standards as set forth in 2 CFR Part 200, Subpart F, Audit Requirements, and any subsequent amendments thereto. (Please see Exhibit G attached hereto and incorporated herein for all purposes as guidance). If SUBRECIPIENT expends less than Seven Hundred Fifty Thousand Dollars ($750,000.00) a year in federal awards, then they are exempt from the audit requirements implemented in 2 CFR part 200 for that year except as noted in 2 CFR §200.503; however, records must be available for review or audit by appropriate officials of HUD, the CITY and the General Accountability Office. However, if SUBRECIPIENT expends Seven Hundred Fifty Thousand Dollars ($750,000.00) or more in federal funds, SUBRECIPIENT must, within nine (9) months from the end of its fiscal year, 2017 Family Endeavors Agreement Page 5 of 32 Initial supply the CITY with an audit of revenues and expenditures conducted by a certified public accountant. Grant funds may be forfeited if the SUBRECIPIENT fails to submit an audit within the allotted time. SUBRECIPIENT agrees to furnish the CITY with a current Financial Management Letter(financial statements) within six (6) months from the end of its fiscal year covering the period of this AGREEMENT that includes detailed receipts and disbursement of payments to SUBRECIPIENT hereunder. Grant funds may be forfeited if the SUBRECIPIENT fails to submit a Financial Management Letter. SUBRECIPIENT is required to submit a 990 Tax Return (Return of Organization Exempt from Income Tax)for the most recent fiscal year within six (6) months if submitting a Financial Management Letter or within nine (9) months if submitting a Financial Audit. If the SUBRECIPIENT is not classified as exempt, the SUBRECIPIENT will not be awarded grant funds. SUBRECIPIENT is required to submit 941 Employer's QUARTERLY Federal Tax Return reports. If applicable, SUBRECIPIENT agrees to cooperate with the CITY relating to any inquiries regarding the Financial Audit or Financial Management Letter and SUBRECIPIENT acknowledges that a Financial Audit or Financial Management Letter shall be provided to the CITY at the expense of the SUBRECIPIENT. Financial Audit or Financial Management Letter shall be available to the CITY staff, and any and all applicable federal agencies, and be of unrestricted access, in accordance with 2 CFR 200.331 and 2 CFR 200.336. SECTION XII Suspension and Termination SUBRECIPIENT understands that this AGREEMENT may be terminated, in accordance with 2 CFR 200.339, if the SUBRECIPIENT materially fails to comply with the provisions of this AGREEMENT or the provisions so listed in the Statement of Work attached hereto as Exhibit A (the "Statement of Work"), the Grant Budget attached hereto as Exhibit B-1 (the "Grant Budget), the Payment Schedule attached hereto as Exhibit B-2 (the "Payment Schedule), the Schedule of Activity attached hereto as Exhibit C (the "Schedule of Activity"), the Records& Reports attached hereto as Exhibit D (the "Records & Reports"),the Request for Payments attached hereto as Exhibit E (the "Request for Payments"), Other Applicable Provisions attached hereto as Exhibit F (the "Other Federal Requirements"), and 2 CFR part 200. Further, SUBRECIPIENT understands that all remedies for non- compliance pursuant to 2 CFR 200.338 may be utilized if the requirements of this AGREEMENT are not followed. SUBRECIPIENT agrees to follow all the requirements under 24 CFR 576.402 when terminating assistance on a program participant. If a program participant violates program requirements, the recipient or SUBRECIPIENT may terminate the assistance in accordance with a formal process established by the recipient or SUBRECIPIENT that recognizes the rights of the individuals affected. 2017 Family Endeavors Agreement Page 6 of 32 Initial SUBRECIPIENT must document the determination of ineligibility for each individual or family determined ineligible as required in 24 CFR 576.500. The record must include documentation of the reason for that determination. It is expressly agreed that this AGREEMENT may not be amended except upon the joint action of both the CITY and SUBRECIPIENT. SECTION XIII Assets SUBRECIPIENT shall not purchase any asset unless so permitted by the CITY and such procurement shall be done in the form and manner so prescribed by the CITY. Any asset acquired or improved in part or in whole with ESG funds must be used in an activity that meets one of the national objectives listed in 24 CFR Part 91 and 576. The disposition of any asset improved or acquired in part or in whole with ESG funds by the SUBRECIPIENT must be done with prior written approval of the CITY and the CITY shall be reimbursed for the asset, if sold, in the full amount of the disposed value of the asset. The CITY may, at its option, request that such asset be transferred to the CITY if the asset is no longer being used to meet one of the national objectives or in any case where the SUBRECIPIENT no longer provides services shown on the Statement of Work. SECTION XIV Use of Emergency Shelter SUBRECIPIENT agrees to operate and maintain an emergency shelter for a period of three (3) or ten (10) years depending on the type of renovation and value of the building as required on §576.102. Renovation other than major rehabilitation or conversion, in all other cases where ESG funds were used for renovation, the minimum period of use is three (3) years. If SUBRECIPIENT uses ESG funds for operation and maintenance costs, SUBRECIPIENT hereby agrees to maintain the shelter for the homeless for the period for which assistance is being provided for the same targeted population. For the purposes of this AGREEMENT, such time period shall be from the date the AGREEMENT is executed to its expiration, as identified in Section XXI. SECTION XV INDEMNITY CLAUSE& INSURANCE PROVISIONS 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 recovered 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 defects) to the extent any such injury or damage may be incident to, 2017 Family Endeavors Agreement Page 7 of 32 j Initial 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 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 Indemnitees, the SUBRECIPIENT or any of its agents, servants, employees, 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 SUBRECIPIENT 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 execution 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 relating 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, actions, damages, losses, costs, liabilities, expenses, or judgments. (D) The indemnification provisions of this section survive the termination or expiration of this AGREEMENT. SUBRECIPIENT shall have in force, throughout the term of this AGREEMENT, insurance that complies with the standards in Exhibit H, 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 CITY 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 H is cause for the City Manager to terminate this AGREEMENT and cancel any and all reimbursements of ESG funds to the SUBRECIPIENT. 2017 Family Endeavors Agreement Page 8 of 32 'IV Initial SUBRECIPIENT shall require its insurance companies, written policies, and certificates of insurance to provide that the City must be given thirty(30) days advance notice by the insurer prior to cancellation, nonrenewal, or material change of the insurance policies required by Exhibit H. CITY'S 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 SUBRECIPIENT. Insurance types and limits may not be adjusted more frequently than once a year. SECTION XVI Procurement SUBRECIPIENT agrees to follow the statues and rules governing the CITY in the procurement of services, supplies or non-real property in relation to CITY-funded projects. The legal standards that will apply include the procurement standards of the City of Corpus Christi, which includes procurement standards established by 2 CFR part 200. SUBRECIPIENT must comply with ESG applicable requirements covered in this AGREEMENT. Procurement by the SUBRECIPIENT must follow a written code of conduct and establish procurement procedures that provide an open and free competition in accordance with 2 CFR part 200. SUBRECIPIENT shall comply with current ESG policy and 2 CFR part 200, concerning the purchase of equipment and shall maintain inventory records of all non-expended personnel property as defined by such policy as may be procured with funds provided herein. SECTION XVII Conflict of Interest SUBRECIPIENT covenants that members of its organization or staff members who exercise influence on the decision-making process will not have any interest, direct or indirect, with any person, corporation, company or association that is hired to carry out any of the activities so listed in the Statement of Work (Exhibit A), 24 CFR Part 576.404, and 2 CFR part 200. SUBRECIPIENT agrees that no person who is an elected official, officer, director, employee, consultant, or agent of the SUBRECIPIENT's organization or the CITY's organization shall gain any interest in any corporation, company, or association that is hired to carry out any of the activities so listed in Statement of Work during their tenure or for a period of one year thereafter. SUBRECIPIENT agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index 2017 Family Endeavors Agreement Page 9 of 32 Initial SUBRECIPIENT is responsible for repayment of funds associated with any conflict of interest that may occur either knowingly or unknowingly. No CITY employee, elected official, consultant and/or agent shall solicit nor accept gratuities, favors, or anything of monetary value from any person, corporation, company, or association that has been hired or expects to be hired to perform any of the activities so described in the Statement of Work. 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 I, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this AGREEMENT. SECTION XVIII Legal Action and Venue SUBRECIPIENT agrees to notify the CITY when a problem arises that may lead to legal action or claim against the SUBRECIPIENT.The SUBRECIPIENT agrees to furnish to the CITY any and all information with respect to such action or claim. The SUBRECIPIENT agrees not to take any action with respect to any legal action or claim sought against the SUBRECIPIENT without the advice and written consent of the CITY. Venue and jurisdiction of any suit, right or cause of action arising under or in connection with this AGREEMENT shall lie exclusively in Corpus Christi, Nueces County,Texas, where this AGREEMENT was entered into and must be performed. SECTION XIX Miscellaneous Provisions Conflict with Applicable Law. Nothing in this AGREEMENT shall be construed so as to require the commission of any act contrary to law, and whenever there is any conflict between any provision of this AGREEMENT and any present or future law, ordinance or administrative, executive or judicial regulation, order or decree, or amendment thereof, contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event the affected provision or provisions of this AGREEMENT shall be modified only to the extent necessary to bring them within the legal requirements and only during the time such conflict exists. 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, subdivision, 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 purpose. 2017 Family Endeavors Agreement Page 10 of 32 Initial No Waiver. No waiver by CITY of any breach of any provision of this AGREEMENT shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision hereof. Entire Agreement. This AGREEMENT contains the entire contract between the parties hereto, and each party acknowledges that neither has made (either directly or through any agent or representative) any representations or agreements in connection with this AGREEMENT not specifically set forth herein. This AGREEMENT may be modified or amended only by agreement in writing executed by CITY and SUBRECIPIENT, and not otherwise. Texas Law to Apply. THIS AGREEMENT SHALL BE CONSTRUED UNDER AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, AND ALL OBLIGATIONS OF THE PARTIES CREATED HEREUNDER ARE PERFORMABLE IN NUECES COUNTY,TEXAS. THIE PARTIES HEREBY CONSENT TO PERSONAL JURISDICTION IN NUECES COUNTY,TEXAS. Notice. Except as may be otherwise specifically provided in this AGREEMENT, all notices, demands, requests or communications required or permitted hereunder shall be in writing and shall either be (i) personally delivered against a written receipt, or (ii) sent by electronic mail, or (iii) sent by registered or certified mail, return receipt requested, postage prepaid and addressed to the parties at the addresses set forth below, or(iv) sent by facsimile or at such other addresses as may have been theretofore specified by written notice delivered in accordance herewith: If to CITY: If to SUBRECIPIENT: City of Corpus Christi Family Endeavors, Inc. Attn: Director Housing and Attn: Travis Pearson, President & CEO Community Development 535 Bandera Road 1201 Leopard Street San Antonio,TX 78228 Corpus Christi,Texas 78401 Phone#: (210) 431-6466 Email: rudyb@cctexas.com Fax#: (210) 431-6470 Phone# (361) 826-3010 Email: tp@familyendeavors.org Fax# (361) 826-3017 Each notice, demand, request or communication which shall be delivered or mailed in the manner described above shall be deemed sufficiently given for all purposes at such time as it is personally delivered to the addressee or, if mailed, at such time as it is deposited in the Unites States mail. Certificate of Interested Parties (Exhibit J). SUBRECIPIENT agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this AGREEMENT. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, 2017 Family Endeavors Agreement Page 11 of 32 IP Initial signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 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 K 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 K does not waive the SUBRECIPIENT'S compliance there-with as required by law. Additional Documents. The parties hereto covenant and agree that they will execute such other and further instruments and documents as are or may become necessary or convenient to effectuate and carry out the terms of this AGREEMENT. Successors. This AGREEMENT shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this AGREEMENT. Assignment. This AGREEMENT shall not be assignable by SUBRECIPIENT. The CITY may assign this AGREEMENT without the consent of SUBRECIPIENT. Headings. The headings and captions contained in this AGREEMENT are solely for convenient reference and shall not be deemed to affect the meaning or interpretation of any provision or paragraph hereof. Gender and Number. All pronouns used in this AGREEMENT shall include the other gender, whether used in the masculine, feminine or neuter gender, and the singular shall include the plural whenever and as often as may be appropriate. Authority to Execute. The execution and performance of this AGREEMENT by the CITY and SUBRECIPIENT have been duly authorized by all necessary laws, resolutions or corporate action, and this AGREEMENT constitutes the valid and enforceable obligations of the CITY and SUBRECIPIENT in accordance with its terms. SECTION XX Participation in HMIS and Coordinated Access System SUBRECIPIENT agrees that projects receiving funding under Emergency Solutions Grants ("ESG") program will participate in the Homeless Management Information System (HMIS). Section 416 (f) of the McKinney-Vento Act and HEARTH Act (24 CFR Part 580) requires that projects receiving funding under Emergency Solutions Grant (ESG) program participate in HMIS pursuant to 24 CFR 576.107. 2017 Family Endeavors Agreement Page 12 of 320 Initial SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community-wide HMIS in the area in which those persons and activities are located, or a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. If SUBRECIPIENT is a victim service provider or a legal services provider, it may use a comparable database that collects client-level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provide to an HMIS. SUBRECIPIENT must report all client statistical data using the Sage HMIS Reporting Repository for CAPER submission. SUBRECIPIENT MUST ensure that all client data is entered into Sage and produce the statistical information required by IIUD on program participants served with ESG funds. SUBRECIPIENT will provide City their final statistical report no later than October 15, 2018. SUBRECIPIENT shall work with the Continuum of Care to ensure the screening, assessment and referral of program participants are consistent with the written standards required by the CITY. A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system as set forth in 24 CFR §576.400(d). SUBRECIPIENT shall coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness for the area as set forth at 24 CFR §576.400(b). System and Program Coordination with Mainstream Resources. The SUBRECIPIENT must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with mainstream housing, health, social services, employment, education, and youth programs for which families and individuals at risk of homelessness and homeless individuals and families may be eligible as set forth in 24 CFR §576.400(c). Participation of Homeless Persons in Policy-Making and Operations,The SUBRECIPIENT understands they are required by federal rule to provide for the participation of at least one homeless or formerly homeless person(s) in a policy-making function within the organization as required in 24 CFR §576.405. This might include,for example, involvement of a homeless or formerly homeless person on the Board of Directors or similar City that considers and sets policy or makes decisions for the recipient agency. If SUBRECIPIENT is unable to meet requirement, it must instead develop and implement a plan to consult with homeless or formerly homeless individuals in considering and making policies and decisions regarding any facilities, services, or other assistance that receive funding under Emergency Solutions Grant (ESG). The plan must be included in the annual action plan required under 24 CFR 91.220. 2017 Family Endeavors Agreement Page 13 of 32 Initial SUBRECIPIENT also agrees that to the maximum extent practicable, they will involve, through employment,volunteer services, or otherwise, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under this AGREEMENT and in providing services for occupants of facilities assisted under this AGREEMENT as listed in 24 CFR §576.405 in accordance with 42 U.S.C. 11375 (d) and 42 U.S.C. 11375 (c) (7) SECTION XXI Effective Date The effective date of this AGREEMENT shall be October 1, 2017, such date being the date the City of Corpus Christi entered into this AGREEMENT with SUBRECIPIENT and shall terminate on the 30th day of September 2018. Executed in DUPLICATE originals to be effective as of the date first set forth above. ATTEST: City ofCor�.s Christi dOilk/ iace-e_e... --/-t(c_-(7.-te-, A4y,./0" z. yyl / Reb cca Huerta Keit elman Secretary Assistant City Manager 129 ACKNOWLEDGMENT SY COUNCIL -... SECRETAR STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on this 6 day ofp QC/2/1147d , by Keith Selman, Assistant City Manager of the City of Corpus Christi, Texas. <►�YP�''•k MONNKAMEZ LERMA ► `Y i 4 rO •...�.�O ii d" , �A� ID# 1146231-1 �� "= Notary Public ► 1,1.1,,Nota y Publi , State of Texas 6 i � y STATE OF TEXAS ► :',:::_!!!'„;•:": . MMY Comm. Exp. 01-23-2021 ► APPROVED AS TO FORM: / THIS DAY OF0 2017 eAfee Ken Mcilyar, •'' tant City Attorney For Miles Risley, City Attorney 2017 Family Endeavors Agreement Page 14 of 32 / Initial SUBRECIPIENT I I 0 Li/WI 1 Signat re Date C \KL.:00/1., Printed Name Title STATE OF TEXAS § § COUNTY OF NUECES § f �, This instrument was acknowle ed before me on this I/144/day of 001111 `, 2017, by "\-( 6. \S WOrserYi , who is the CC(.) 0�� 14ee� 7� of Family Endeavors, Inc., a domestic nonprofit corporation organized under the law of the State of Texas, on behalf of the corporation. (Seal) Notary Public, State of Texas SERINA A STARK My Commission Expires May 25,2019 2017 Family Endeavors Agreement Page 15 of 32 Initial EXHIBIT A STATEMENT OF WORK This Statement of Work is issued by SUBRECIPIENT with the objective of providing urgent housing and related needs, as described below. (PLEASE CHECK ALL THAT APPLY) §576.101 Street outreach Component. ESG funds may be used for the costs of services designed to meet the immediate needs of unsheltered homeless people by connecting them with emergency shelter, housing, and/or critical health services, as set out in 24 CFR 576.101 §576.102 Emergency Shelter Component ESG Funds may be used for costs of providing services to homeless families and individuals in emergency shelters. Funds may be used for renovating the shelter and operating the emergency shelter. This activity is subject to the expenditure limit as set out in §576.100(b). These services are designed to increase the quantity and quality of temporary shelters provided to homeless people,through the renovation of existing shelters or conversion of buildings to shelters, paying for the operating costs of shelters, and providing essential services, as set out in 24 CFR 576.102 ✓ §576.103 Homeless Prevention Component ESG funds may be used to provide housing relocation and stabilization services and short- and/or medium-term rental assistance necessary to prevent an individual or family from moving into an emergency shelter or another place described in paragraph (1) of the "homeless" definition in §576.2.This assistance, referred to as homelessness prevention, may be provided to individuals and families who meet the criteria under the "at risk of homelessness" definition, or who meet the criteria in paragraph (2), (3), or (4) of the "homeless" definition in §576.2 and have an annual income below 30 percent of median family income for the area, as determined by HUD.The costs of homelessness prevention are only eligible to the extent that the assistance is necessary to help the program participant regain stability in the program participant's current permanent housing or move into other permanent housing and achieve stability in that housing. Homelessness prevention must be provided in accordance with the housing relocation and stabilization services requirements in §576.105,the short-term and medium-term rental assistance requirements in §576.106, and the written standards and procedures established under 24 CFR 576.400. These services are designed to ---- prevent an individual or family from moving into an emergency shelter or living in a public or private place not meant for human through housing relocation and stabilization services and short-and/or medium-term rental assistance, as set out in 24 CFR 576.103 ✓ §576.104 Rapid Re-housing Assistance Component ESG funds may be used to provide housing relocation and stabilization services and short- and/or medium-term rental assistance as necessary to help a homeless individual or family move as quickly as possible into permanent housing and achieve stability in that housing. This assistance, referred to as rapid re-housing assistance, may be provided to program participants 2017 Family Endeavors Agreement Page 16 of 32 Initial EXHIBIT A(coned.) who meet the criteria under paragraph (1) of the "homeless" definition in §576.2 or who meet the criteria under paragraph (4) of the "homeless" definition and live in an emergency shelter or other place described in paragraph (1)of the "homeless" definition. The rapid re- housing assistance must be provided in accordance with the housing relocation and stabilization services requirements in §576.105,the short- and medium-term rental assistance requirements in §576.106, and the written standards and procedures established under §576.400. These services are designed to move homeless people quickly to permanent housing through housing relocation and stabilization services and short- and/or medium-term rental assistance, as set out in 24 CFR 576.104 §576.107 HMIS Component. ESG funds may be used to pay the costs of contributing data to the HMIS designated by the Continuum of Care for the area. These services are designed to fund ESG recipients' and subrecipients' participation in the HMIS collection and analyses of data on individuals and families who are homeless and at-risk of homelessness, as set out in 24 CFR 576.107. The following table identifies the projected target populations to be provided services, and which services anticipated to be provided to them. PROJECTED TARGET POPULATION #Adults # Children #Youth 2017-18 # Households (18+yrs) (0-11 yrs) (12-17 yrs) STREET OUTREACH > Essential Services l EMERGENCY SHELTER > Essential Services • > Renovation/Rehab • > Assistance Under URA 1970 RAPID RE-HOUSING (for households in which the total income does not exceed the HUD 30%AMI) > Rental Assistance 2 2 > Other Financial Assistance > Services Costs HOMELESSNESS PREVENTION > Rental Assistance 6 6 > Other Financial Assistance > Services Costs TOTALS 18 8 2017 Family Endeavors Agreement Page 17 of 32 7/G/ Initial I EXHIBIT B-1 Grant Budget As identified through the Statement of Work Housing relocation and stabilization services ESG funds may be used to pay housing owners, utility companies, and other third parties for the following costs: Financial Assistance** Formula/requirements Project Formulas Total ESG Request Rental application fees 2 HH x$50 $100 Security Deposit Less than value of two 2 HH x$500 $1,000 months of rent Last month's rent Value of one month; counts toward 24-month maximum Utility deposits Must be standard 2 HH x$100 $200 Utility payments (gas, Up to six months of $3,600 electric,water, arrears—24 month total 8 HH x$150 x 3 months sewage) Moving costs Truck rental, movers, storage for 3 mos. Services costs Housing search and .25 FTE $13,162.50 placement Housing stability case .25 FTE $13,162.50 management Mediation Legal services Credit repair Total Request $31,225.00 **Financial assistance cannot be provided to program participants who are receiving the same type of assistance through other public sources(see 576.105 for more details) 2017 Family Endeavors Agreement Page 18 of 32 Initial EXHIBIT B-1(cont'd.) Projected Rental Assistance Short-term and medium-term rental assistance* ESG funds may be used to pay for up to 24 months of rental assistance during any 3-year period. Rent cannot exceed FMR and must meet rent reasonableness standards, subject to change. Tenant-based rental assistance Unit Size # Units #Months FY 2017 FMR** Total Requested Studio 1 3 $752 $2,256 1-bedroom 7 3 $789 $16,569 2-bedroom $997 3-bedroom $1,328 Project-based rental assistance Studio $752 1-bedroom $789 2-bedroom $997 3-bedroom $1,328 Total Request $50,050.00 *SUBRECIPIENT must complete a Lead-Based Paint visual assessment on all units being assisted with ESG funds by state certified lead-based paint health inspectors, and must maintain in the client's file documentation that said inspection passed and met all requirements as referenced in Section VII of this Agreement. **FMR amounts based on FY2018 FMR Guidelines. ESG FY2017 Proposed Activity Eligible Activity (add rows if ESG Amount Match Amount Match Source Budget Total necessary) Street Outreach Emergency Shelter Homeless $29,953.50 $29,953.50 Case Manager Salary, $50,161.00 Prevention Temporary Financial Assistance Rapid Re-Housing $20,096.50 $20,096.50 Case Manager Salary, $49,939.00 Temporary Financial Assistance HMIS Totals $50,050.00 $50,050.00 $100,100.00 2017 Family Endeavors Agreement Page 19 of 32 Initial EXHIBIT B-2 PAYMENT SCHEDULE Estimated For the Months of... Amount of Street Emergency Homelessness Rapid Re- Outreach Shelter Prevention housing Expenditures October 2017 November 2017 $ $1,120.00 $1,120.00 December 2017 $2,240.00 $2,720.50 $2,609.50 January 2018 $5,330.00 $5,310.00 $2,655.00 $2,655.00 February 2018 $5,310.00 $2,655.00 $2,655.00 March 2018 $5,310.00 $2,655.00 $2,655.00 April 2018 $5,310.00 $2,655.00 $2,655.00 May 2018 $5,310.00 $2,655.00 $2,655.00 June 2018 $5,310.00 $2,655.00 $2,655.00 July 2018 $5,310.00 $2,655.00 $2,655.00 August 2018 $5,310.00 $2,655.00 $2,655.00 September 2018 $50,050.00 $25,080.50 $24,969.50 TOTALS NOTE: Payment requests must be submitted monthly by the 15th. If no payment request will be submitted by the 15th of any given month,Agency MUST notify CITY. 2017 Family Endeavors Agreement Page 20 of 32 Initial EXHIBIT C Schedule of Activity SUBRECIPIENT hereby agrees to perform services as outlined in Exhibit A. A proposed monthly schedule of activity should be provided in this space. Schedule should not exceed SUBRECIPIENT contract time frame of 12 months from contract date. 2017- 2018 Number of Services For the Months of... Beneficiaries October 2017 November 2017 December 2017 0 Intake processing and triage 1 Case Management, Homeless Prevention, Rapid Rehousing January 2018 1 Case Management, Homeless Prevention, Rapid Rehousing February 2018 1 Case Management, Homeless Prevention, Rapid Rehousing March 2018 1 Case Management, Homeless Prevention, Rapid Rehousing April 2018 1 Case Management, Homeless Prevention, Rapid Rehousing May 2018 1 Case Management, Homeless Prevention, Rapid Rehousing June 2018 July 2018 1 Case Management, Homeless Prevention, Rapid Rehousing 1 Case Management, Homeless Prevention, Rapid Rehousing August 2018 1 Case Management, Homeless Prevention, Rapid Rehousing September 2018 8 Total Unduplicated 2017 Family Endeavors Agreement Page 21 of 32 Initial EXHIBIT D RECORDS&REPORTS SUBRECIPIENT must maintain all records and reports submitted to the City for a period of five years. Period of record retention. All records pertaining to each fiscal year of ESG funds must be retained for the greater of 5 years from final ESG payment, or the period specified below. Copies made by microfilming, photocopying, or similar methods may be substituted for the original records. (1) Documentation of each program participant's qualification as a family or individual at risk of homelessness or as a homeless family or individual and other program participant records must be retained for 5 years after the expenditure of all funds from the grant under which the program participant was served; (2) Where ESG funds are used for the renovation of an emergency shelter involves costs charged to the ESG grant that exceed 75 percent of the value of the building before renovation, records must be retained until 10 years after the date that ESG funds are first obligated for the renovation; and (3) Where ESG funds are used to convert a building into an emergency shelter and the costs charged to the ESG grant for the conversion exceed 75 percent of the value of the building after conversion, records must be retained until 10 years after the date that ESG funds are first obligated for the conversion. SUBRECIPIENT must participate in the Housing Inventory Count (HIC) and the Point-In-Time (PIT) data collection. SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community-wide HMIS in the area in which those persons and activities are located, or a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. ---- -If the SUBRECIPIENT is a victim service provider or a legal services provider, it may use a comparable database that collects client-level data overtime (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provided to an HMIS. 2017 Family Endeavors Agreement Page 22 of 32 Initial EXHIBIT E REQUEST FOR PAYMENTS A. Matching Funds 24 CFR 576 requires that each grantee and/or SUBRECIPIENT must match the funding provided by HUD under 24 CFR 576 with an equal amount of funds from sources other than under Part 576. SUBRECIPIENT must include documentation to support source of match, with each request for payment, be with either cash, volunteer time, in-kind, office space, or donations. Failure to submit match source documentation,will be cause for City to refuse payment request. Please refer to matching requirements for more information. The requirements for matching ESG funds are described in section 576.201 of the ESG Interim Rule, and the requirements for documenting matching contributions are described in section 576.500(o). B. Insurance. SUBRECIPIENT must submit copy of a current Certificate of Insurance at least ten (10) days prior to any expenditure of ESG funds by the SUBRECIPIENT. Certificate of Insurance must cover the period of funding agreement, and meet all requirements stated in Section XV and Exhibit H of this AGREEMENT. Failure to timely submit Certificate of Insurance will be cause for CITY to refuse payment request. C. Payment Request Checklist: For Each payment reimbursement, please provide the following: • Signed cover letter summarizing the reimbursement for each funded activity Detailed Summary of Costs Breakdown • Copies of Invoices and/or receipts • Copies of cancelled checks responding to invoices and/or receipts • Other Supporting Documents as requested by CITY NOTE: Payment requests must be submitted to the CITY by the 15th of each month. ESG funds may be recaptured by the CITY if SUBRECIPIENT fails to expend funds timely and future funding requests may be affected. 1. SUBRECIPIENT must submit a complete monthly reimbursement requests as approved on the Schedule of Payment hereto attached as Exhibit B-2 (the "Schedule of Payment") due on or before the 15th of each month. 2. SUBRECIPIENT must inform the CITY in writing if the reimbursement request will not be submitted by the due date. 3. The CITY will return incorrect and/or incomplete reimbursement requests to SUBRECIPIENT as soon as possible and note which corrections need to be made or additional documents needed. Please note that this may delay payment reimbursement. 2017 Family Endeavors Agreement Page 23 of 32 I(/ Initial EXHIBIT E (con'td.) 4. SUBRECIPIENT must resubmit a Payment Request Cover Letter with revised or additional documentation as requested by the CITY, no later than 5 days from notification by the CITY. 5. SUBRECIPIENT must submit FINAL reimbursement request to the CITY 30 days prior to expiration date of AGREEMENT. 6. SUBRECIPIENT must submit all required documentation as stated on the City Reimbursement Checklist. 7. Should the SUBRECIPIENT fail to comply with timely submittals of monthly reimbursement requests the CITY may consider termination of the SUBRECIPIENT AGREEMENT as per Section XII "Suspension and Termination." 8. All reimbursement requests and reports submitted to the CITY must be originals signed with blue ink. Documentation must be neatly organized per the Summary of Costs Breakdown provided with each reimbursement request and documents must be legible. 9. Reimbursement requests may be sent via e-mail in pdf format (color). 10. Reimbursement requests are processed by the CITY on a first come first serve basis, providing all support documentation is submitted. 11. Payments to SUBRECIPIENT will be mailed, unless SUBRECIPIENT notifies the CITY in writing the name of individual who will be authorized to pick up checks. 12. Checks will be available 30 days from the date the reimbursement request is submitted the CITY providing all required documentation has been submitted to the CITY. 13. Checks may be delayed if required documentation is not provided to the CITY. 14. As per Section IV of this AGREEMENT, the CITY Monitoring Division will conduct on-site monitoring visits to ensure compliance with applicable Federal requirements-are being met for ESG funds expended. 2017 Family Endeavors Agreement Page 24 of 32 Initial EXHIBIT F Other Federal Requirements 24 CFR 576.407 (a) General. The requirements in 24 CFR part 5, subpart A are applicable, including the nondiscrimination and equal opportunity requirements at 24 CFR 5.105(a). Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701u, and implementing regulations at 24 CFR part 135 apply, except that homeless individuals have priority over other Section 3 residents in accordance with §576.405(c). (b)Affirmative outreach. The recipient or SUBRECIPIENT must make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. If it is unlikely that the procedures that the recipient or SUBRECIPIENT intends to use to make known the availability of the facilities, assistance, and services will to reach persons of any particular race, color, religion, sex, age, national origin,familial status, or disability who may qualify for those facilities and services, the recipient or SUBRECIPIENT must establish additional procedures that ensure that those persons are made aware of the facilities, assistance, and services.The recipient and its SUBRECIPIENT must take appropriate steps to ensure effective communication with persons with disabilities including, but not limited to, adopting procedures that will make available to interested persons information concerning the location of assistance, services, and facilities that are accessible to persons with disabilities. Consistent with Title VI and Executive Order 13166, recipients and SUBRECIPIENT are also required to take reasonable steps to ensure meaningful access to programs and activities for limited English proficiency (LEP) persons. (c) Uniform Requirements. The requirements of 2 CFR Part 200 apply to the recipient and SUBRECIPIENT, and: (1) Program income may be used as matching contributions, subject to the requirements in §576.201; (2) The disposition of real property for which ESG funds are used for major rehabilitation, conversion, or other renovation under §576.102 is governed by the minimum period of use requirements under §576.102(c). (d) Environmental review responsibilities. (1) Activities under this part are subject to environmental review by HUD under 24 CFR part 50.The recipient shall supply all available, relevant information necessary for HUD to perform for each property any environmental review required by 24 CFR part 50. The recipient also shall carry out mitigating measures required by HUD or select alternate eligible property. HUD may eliminate from consideration any application that would require an Environmental Impact Statement (EIS). (2)The recipient or SUBRECIPIENT, or any contractor of the recipient or SUBRECIPIENT, may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property for a project under this part, or commit or expend HUD or local funds for eligible activities under this part, until HUD has performed an environmental review under 24 CFR part 50 and the recipient has received HUD approval of the property. 2017 Family Endeavors Agreement Page 25 of 32 Initial EXHIBIT F(cont'd.) (e) Davis-Bacon Act. The provisions of the Davis-Bacon Act (40 U.S.C. 276a to 276a-5) do not apply to the ESG program. (f) Procurement of Recovered Materials. The recipient and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds$10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 2017 Family Endeavors Agreement Page 26 of 32 Initial EXHIBIT G 2 CFR Part 200 FINAL GUIDANCE PUBLISHED BY THE MANAGEMENT AND BUDGET(OMB) OFFICE ON 12/26/2013 EFFECTIVE DECEMBER 26, 2014. AUDITS,ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES OF STATES, LOCAL GOVERNMENTS,AND NON-PROFIT ORGANIZATIONS 2 CFR Part 200- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Final Guidance supersedes, consolidates eight (8)grant related circulars into a uniform regulation applicable to all grant recipients. A-21 A- 110 A-87 A- 122 A-89 A- 133 A- 102 A-50 To view Notice SD-2015-01 Issued by the U.S. Department of Housing and Urban Development, please visit the following link: www.hudexchange.info/resources/documents/Notice-DC-2015-01-Transition-to-2-CFR-Part-200- Guidance.pdf 2017 Family Endeavors Agreement Page 27 of 32 I Initial EXHIBIT H INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the Errors and Omissions and Crime policies by endorsement, and a waiver of subrogation endorsement is required on both policies if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change or termination required on all certificates and policies. ERRORS & OMMISSIONS $1,000,000 Per Occurrence CRIME POLICY $100,000.00 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor'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. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: 2017 Family Endeavors Agreement Page 28 of 32 Initial EXHIBIT H (coned.) City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 C. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • 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, cancellation, non-renewal, material change or termination 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 cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor'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 Contractor'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 Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. F. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. G. It is agreed that Contractor'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 contract. H. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Family Endeavors Agreement Page 29 of 32 Initial EXHIBIT I 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: 411141141 c/4 ti' MAILING ADDRESS: 635— lJ 7v DJ CITY: -014.b ZIP: + bg FIRM is: 1. Corporation (.�/j 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 134_ 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 /34— 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 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: /�I�l ` {J77� Title: (T t) Signature of Certifying Person: I Date: /1/IV/28/ 1 2017 Family Endeavors Agreement Page 30 of 32 Initial EXHIBIT J Certificate of Interested Parties Certificate of Interested Parties (Form 1295)** ** Form 1295 MUST BE FILED ELECTRONICALLY! Paper copies and PDF copies of this sample form are not accepted! Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 2017 Family Endeavors Agreement Page 31 of 32 Initial CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. 1 OFFICE USE ONLY Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-291122 Family Endeavors, Inc. San Antonio,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is ' 12/06/2017 being filed. City of Corpus Christi Date ckno ledged: (/2 20 121)t� 3 Provide the identification number used by the governmental entity or state agency to track or identify the co tract,and provide a description of the services,goods,or other property to be provided under the contract. E17MC480502 Rapid Rehousing, Homeless Prevention, Case Management Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling J Intermediary 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penaltyof perjury,that the above disclosure is true and correct. P 1 rY, o"i,,,,,� MICHELLE SERNA t''pY PVAi 3r; (i;s Notary Public,State of Texas :V-. P� Comm. Expires 11-09-2021 Vi;,,,%%%%% Notary ID 131346499 OF Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE C D Sworn to and subscribed before me,by the said �t�i/�cas 1'eQ ,this the k2" " day of 20 V ,to certify which,witness my hand and seal of office. • 3e,„. Sig•ature of ricer administering oath Printed name of officer administering oath Title of officer administering ath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 EXHIBIT K Subrecipient's ESG Compliance Affidavit STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § Date: �1(I'109' Affiant: 11� t%1/ i Emergency Solutions Grant Subrecipient Affiant, on oath, swears the following statements are true: I, l PAW , am the k(/ (title) of , 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 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, 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 must comply, in accordance with Federal laws. By: SWORN TO AND SUBSCRIBED before me this the 0' day of 6)30111 , 2017. ! LC JSERINA A STARK r� Isslon2019 Expires ( Notary Public, State of Texas - May 25, 2017 Family Endeavors Agreement Page 32 of 32 Initial TexsMut���l® WORKERS'COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY Insunaccampmy WC 42 03 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone Liable for an injury covered by this policy.We will not enforce cur right against the person or organization namedin the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be__ 2..QQ., percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4.Advance Premium I NCI.UDED, SEE INPORMAT ION PAGE. This endorsement charges the policy to ward;rt Is eh wheal effective on Me inception dote of the porky unless a different date is Palmated below (The following'attaching clause'need be completed only when this endorse tarot acs d susepueot to preparation of the poacy) Ilasendemement eeectne on e 12:01 A.M.sta oard Erne.tones a pert of Poly No, SBP-0001127234 20131020 of theTexas Mutual Insurance Company Issued to ENDEAVORS UNLIMITED INC Endorsement No. Premium$ /it/1 _ y Autthorized Representative WCS2&3MMA(ED.1.01-2000) AGENT'S COPY RXUR IAS 10-08-2013 This endorsement, effective 12:01AM: Forms a part of Policy No.: Issued to: By: HUMAN r SOCT A T, SERVICES GENERAL LIABILITY COVERAGE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy,unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording. Coverage Applicable Limit of Insurance Limited Rental Lease Agreement Contractual Liability $50,000 limit Damage to Property You Own, Rent, or Occupy $30,000 limit Damage to Premises Rented to You $1,000,000 HIPAA Clarification Medical Payments $20,000 Medical Payments—Extended Reporting Period 3 years Athletic Activities Amended Employee Defense Coverage $25,000 limit Key and Lock Replacement—Janitorial Services Client Coverage $10,000 limit Additional Insured—Newly Acquired Time Period Amended Additional Insured -Medical Directors and Administrators Included Additional Insured—Managers and Supervisors(with Fellow Included Employee Coverage) Additional Insured—Broadened Named Insured Included Additional Insured—Funding Source Included Page 1 I BH-GL-011-02/2015 I Additional Insured-Home Care Providers Included Additional Insured-Managers, Landlords,or Lessors of Premises Included Additional Insured-Lessor of Leased Equipment Included Additional Insured-Grantor of Permits Included Additional Insured-Vendor Included Additional Insured-When Required by Contract Included Additional Insured-Owners,Lessees,or Contractors Included Additional Insured-State or Political Subdivisions Included Duties in the Event of Occurrence,Claim or Suit Included Transfer of Rights of Recovery Against Others To Us Clarification Bodily Injury-includes Mental Anguish Included Personal and Advertising Injury-includes Abuse of Process, Included Discrimination Amendment of Liquor Liability Exclusion for Fundraising Events Included Definitions Amended Limited Rental Lease Agreement Contractual Liability Section I—COVERAGES,COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Exclusion 2.b. Contractual Liability is amended to include the following: (3) Assumed in rental lease agreement on behalf of a"client".This coverage extension requires the Named Insured to request this coverage at the time of claim,and will provide the coverage only on an indemnity basis,and up to a$50,000 aggregate limit.This limit is in addition to the limits provided by this policy. For the purpose of this Coverage Extension,"client" means a person who is under your direct care and supervision, including but not limited to a"resident". For the purpose of this Coverage Extension,"resident" means a person who is residing in and receiving care services provided by your operation. II. Damage to Property You Own,Rent or Occupy Section I—COVERAGES,COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY,Exclusion 2.j. Damage to Property, Paragraph(1)is deleted and replaced with the following: (1) Property you own,rent,or occupy,including any costs or expenses incurred by you,or any other person, ---- ---organization or entity,for repair, replacement,enhancement,restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property.However, if the "property damage" is caused by your"client",we will pay up to a$30,000 aggregate limit for such damage. This limit is in addition to the limits provided by this policy; For the purpose of this Coverage Extension, "client" means a person who is under your direct care and supervision, including but not limited to a"resident". For the purpose of this Coverage Extension,"resident" means a person who is residing in and receiving care services provided by your operation. Page ) of 1) l BH-GL-011-02/2015 liirlirIP.(opynghled r aVrial o In an:�Servi rr Olhc all mit! rc.•i. ., III. Damage to Premises Rented to You 1. The last paragraph of Section I—COVERAGES,COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY,Subsection 2. Exclusions;is deleted and replaced with the following: Exclusions c.through n.do not apply to: a. Damage by fire, lightning, explosion,smoke, or leakage from automatic fire protective systems; and b. Damage caused by a "resident"; to premises rented to you or temporarily occupied by you with the permission of the owner.A separate limit of insurance applies to this coverage as described in Section III—LIMITS OF INSURANCE. 2. Section III -LIMITS OF INSURANCE, Paragraph 6.is deleted and replaced with the following. 6. Subject to Paragraph S.above,the Damage To Premises Rented To You Limit is the most we will pay under COVERAGE A for damages because of"property damage": a. Resulting from fire, lightning, explosion,smoke,or leakage from automatic fire protective systems, or any combination thereof;and b. Caused by a"resident"; to any one premises, rented to you or temporarily occupied by you with the permission of the owner. The Damage to Premises Rented to You Limit is the greater of: a. $1,000,000 for damages due to fire, lightning, explosion,smoke or leakage from automatic fire protective systems, or any combination thereof;or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit;and c. $25,000 for all other damages caused by a "resident". 3. Section IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,Paragraph 4.b. Excess Insurance,Subparagraph (1)(iii) is deleted and replaced with the following: (iii)That is property insurance for premises rented to you or temporarily occupied by you with the -----permission of the owner. 4. Section V—DEFINITIONS, Definition 9."Insured Contract", Paragraph a. is deleted and replaced with the following: a. A contract for a lease of premises. However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, smoke,or leaks from sprinklers to premises while rented to you or temporarily occupied by you with the permission of the owner is not an"insured contract". Page Sof 12 ou-GL-0n-0z/2015 I ,JLdas copyrightednaterinl ornsante services Office,an I ghts reseived. 5. For the purpose of this For the purpose of this Coverage Extension, "resident" means a person who is residing in and receiving care services provided by your operation. IV. HIPAA 1. Section I—COVERAGES,COVERAGE B—PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 1.Insuring Agreement is amended to include the following: a. We will pay those sums that the insured becomes legally obligated to pay as"damages" because of a "violation(s)"of the following regulations: (1) General Administrative Requirements (45 CFR§ 160 et seq.); (2) Administrative Requirements (45 CFR§ 162 et seq.);or (3) Security and Privacy(45 CFR§ 164 et seq.) as promulgated by the Department of Health and Human Services("HHS") pursuant to the authority given to HHS under the Health Insurance Portability and Accountability Act ("IIIPAA")as may be amended from time to time and to which this insurance applies. We will have the right and duty to defend you against any"suit", "investigation"or"civil proceeding" by HHS to which this insurance applies. However,we will have no duty to defend you against any"suit", "investigation" or"civil proceeding"to which this insurance does not apply.We may,at our discretion, investigate any"violation(s)"and settle any"damages"arising out of such"violation(s)". But,the amount we will pay for"damages"and "defense costs" is limited as described in Paragraph 3-HIPAA LIMITS OF INSURANCE of this section of the Human Service General Liability Endorsement below. b. This insurance applies only if HHS notifies you in writing during the policy period of the"investigation" or the "civil proceeding". 2. The following exclusions are added to Section I—COVERAGES,COVERAGE B—PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2.Exclusions: This insurance does not apply to: a. Intentional,Willful,or Deliberate Violations Any willful, intentional, or deliberate"violation(s)" by any insured. b. Criminal Acts Any"violation"which results in any criminal penalties under the HIPAA and any amendments thereto. c. Other Remedies Any remedy other than monetary damages for penalties assessed pursuant to HIPAA and any amendments thereto. nagc1of 12 BH-GL-011-02/2015Includes copyrighted mareria' of Insurance Services Office,all rights reserved. d. Compliance Reviews or Audits Any compliance reviews by HHS pursuant to HIPAA, and any amendments thereto, or any audits,whether or not requested by HHS. 3. HIPAA LIMITS OF INSURANCE With respect to the coverage provided by Section IV—HIPAA of this endorsement only, Section III—LIMITS OF INSURANCE is deleted and replaced with the following: a. The Aggregate Limit of$100,000 is the most we will pay for all"damages" and/or"defense costs' regardless of the number of: )1) Insureds; (2) "Civil proceedings" brought against you by the HHS; (3) "Suits" brought against you by the HHS; (4) "Investigations"conducted by HHS,or (5) "Violations" cited in such"civil proceedings" or"investigation." 4. With respect to the coverage provided by this Section IV—HIPAA only, Section V—DEFINITIONS is amended to include-the following additional definitions: a. "Civil proceeding" means an action by HHS arising out of actual or alleged"violations" pursuant to HIPAA and any amendments thereto. b. "Damages" means civil penalties imposed by HHS pursuant to HIPAA and any amendments thereto. c. "Defense costs" means the costs incurred in connection with the defense of any"civil proceeding"or "investigation"or"suit" pursuant to HIPAA and any amendments thereto, including, but not limited to, legal fees and other defense costs. d. "Investigation" means an examination by HHS of an actual or alleged "violation(s)"of HIPAA and any amendments thereto.However, "investigation" does not include a compliance review. e. "Violation" means the actual or alleged failure to comply with the regulations included in the HIPAA and any amendment thereto. V. Medical Payments If COVERAGE C—MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit is changed subject to all other terms of Section III-LIMITS OF INSURANCE to the greater of: a. $20,000;or Page Sof 11 BH-C L-011-02/2015 I xiu dos copy rq YILed inater ial of Its u a nee Sen(res Office,a Il rights reserved. b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. COVERAGE C- MEDICAL PAYMENTS,Subsection 1.a.(3)(b)is deleted and replaced with the following. (b)The expenses are incurred and reported to us within three years of the date of the accident; and VI. Athletic Activities If COVERAGE C—MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: COVERAGE C—MEDICAL PAYMENTS, Exclusion 2.e.Athletic Activities is deleted and replaced with the following: e. Athletic Activities To a person injured while taking part in organized athletic events, not including practices for such events. VII. Employee Defense Coverage The following is added to COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Exclusion 2.a. Expected or Intended Injury,and COVERAGE B—PERSONAL AND ADVERTISING INJURY LIABILITY, Exclusion 2.a. Knowing Violation of Rights of Another; However,we will reimburse you for the sums that you voluntarily reimburse to your"employee for the reasonable and necessary defense costs that the "employee"incurs in order to defend himself or herself against criminalcharges made against him or her, but this insurance only applies if: 1. The alleged acts out of which such criminal charges arise are alleged to have: a. Arisen out of and in the course of your employment of the"employee";and b. Been committed by your"employee" against a"client";and c. Taken place during that period of time that the"employee" was employed by you; and d. Taken place during the policy period and in the"coverage territory";and 2. All the criminal charges are either dismissed without prejudice or your"employee" is found not guilty of all criminal charges by a court of law. This exception does not apply to any reimbursement of sums that you voluntarily reimburse to your"employee" for the reasonable and necessary defense costs that he or she incurs in order to defend himself or herself against criminal charges made against him or her 1. For any criminal charge(s)arising out of the ownership, maintenance,use or entrustment to others of any aircraft, "auto" or watercraft;or 2. For any criminal charge(s)where your"employee"receives anything less than either a complete dismissal with prejudice or a not guilty verdict on all charges, including without limitation,any deferred adjudication or similar finding of guilt that is held in abeyance for any reason, pending the completion of any remedial activity such as community service or counseling; or Pal.e6o' 12 BH-GL-011-02/2015 Includes copyrighted mate cf lisarancc Services Office,all ri his reserved. 3. For any type of civil charge(s) whatsoever. For the purpose of this Coverage Extension, "client" means a person who is under your direct care and supervision, including but not limited to a"resident. The most we will pay under this defense extension is$25,000 aggregate limit. VIII. Key and Lock Replacement—Janitorial Services Client Coverage SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended to include the following: We will pay for the cost to replace keys and locks at the "business client's" premises due to theft or other loss to keys entrusted to you by your"business client". The most we will pay under this additional coverage for all loss or damage in any one"occurrence and in the aggregate is$10,000. We will not pay for loss or damage resulting from any dishonest or criminal act committed (including theft)by you, any of your partners, members, officers, "employees", managers, directors, trustees, authorized representatives or anyone to whom you entrust the keys of a "business client"for any purpose,whether acting alone or in collusion with other persons. The following term,when used on this coverage only, is defined as follows: "Business client" means an individual,company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. IX. Additional Insureds Section II—WHO IS AN INSURED is amended as follows. 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Coverage Part,Paragraph 3.a. is deleted and replaced with the following. a. Coverage under this provision is afforded from when you acquire or form the organization until the end of the policy period. 2. Each of the following is also an insured: a. Medical Directors and Administrators-Your medical directors and administrators, but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient. b. Managers and Supervisors—Your managers and supervisors, but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your"employees"are also insureds for"bodily injury"to another"employee" while in the course of his or her employment by you or performing duties related to the conduct of your business. c. Broadened Named Insured-Any organization and subsidiary thereof which you control and actively Page of EP-GL-0L1-oz/2015 dudesoopyrl„hfedI mated[al ofIa a rice Serv,esOffice,a!l righb reserved. manage on the effective date of this Coverage Part. However, if other valid and collectible insurance is available to such organization or subsidiary, any coverage obligation will be limited as provided in Section IV. COMMERCIAL GENERAL LIABILITY CONDITIONS,4.Other Insurance. d. Funding Source-Any person or organization with respect to their liability arising out of: (1)Their financial control of you;or (2) Premises they own,maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. e. Home Care Providers - Any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled. f. Managers,Landlords,or Lessors of Premises-Any person or organization with respect to their liability arising out of the ownership, maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions: This insurance does not apply to: (1) Any"occurrence"which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of that person or organization. g. Lessor of Leased Equipment—Automatic Status When Required in Lease Agreement With You—Any person or organization from whom you lease equipment when you and such person or organization have agreed in a written contractor agreement that such person or organization is to be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for"bodily injury","property damage"or"personal and advertising injury"caused, in whole or in part, by your maintenance,operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds,this insurance does not apply to any"occurrence"which takes place after the equipment lease expires. h. Grantors of Permits—Any state,governmental agency or subdivision,or political subdivision granting you a permit in connection with premises you own,rent or control and to which this insurance applies, but only with respect to the following hazards: (1) The existence, maintenance, repair, construction,erection, or removal of advertising signs,awnings, canopies,cellar entrances,coal holes,driveways, manholes,marquees, hoist away openings, sidewalk vaults,street banners or decorations and similar exposures;or (2) The construction, erection, or removal of elevators;or P geSofV BH-GL-011-02/7015 Includes :opyrghtrd materidl oflnsrranee Sery es 1)ffiice,all rights reseivP:(. (3) The ownership, maintenance, or use of any elevators covered by this insurance. i. Vendors—Only with respect to"bodily injury"or"property damage"arising out of"your products"which are distributed or sold in the regular course of the vendor's business,subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to: (a) "Bodily injury"or'property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contractor agreement.This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging,except when unpacked solely for the purpose of inspection,demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections,adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration,installation,servicing or repair operations,except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container,part or ingredient of any other thing or substance by or for the vendor;or (h) "Bodily injury" or"property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub-paragraphs(d)or(f);or (j) Such inspections,adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization,from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. j. As Required by Contract-Any person or organization where required by a written contract executed prior to the occurrence of a loss.Such person or organization is an additional insured for"bodily injury," "property damage" or"personal and advertising injury" but only for liability arising out of the negligence of the Named Insured.The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement.These limits are Page 9 of 12 131-1-61-011-02/2015Ind c des ropyrighced ma it or imp rance Senses Office,all rights eserved. Included within and not in addition to the limits of insurance shown in the Declarations k. Owners,Lessees or Contractors- Any person or organization, but only with respect to liability for "bodily injury", "property damage" or"personal and advertising injury"caused, in whole or in part, by: (1) Your acts or omissions;or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured;or (3)When required by a contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to"bodily injury" or"property damage"occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed;or (2) That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. I. State or Municipality—any state or municipality as required,subject to the following provisions: (1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or municipality has issued a permit,and is required by contract, (2) This insurance does not apply to: (a) "Bodily injury," "property damage" or"personal and advertising injury" arising out of operations performed for the state or municipality;or (b) "Bodily injury" or"property damage" included within the 'products-completed operations hazard". X. Duties in the Event of Occurrence,Claim or Suit Section IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 2.is amended as follows. 1. Subparagraph a. is amended to include the following: This condition applies only when the"occurrence or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager,if you are a corporation. Page ID at 1) ell-GL-011-02/2015 IH dLudes copyrighted i,atndai of finance service Off ice,all i.ghrs reserved. 2. Subparagraph b. is amended to include: This condition will not be considered breached unless the breach occurs after such claim or"suit"is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership;or (3) An executive officer or insurance manager, if you are a corporation. Xl. Transfer of Rights of Recovery Against Others To Us Section IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 8.Transfer of Rights of Recovery Against Others To Us is deleted and replaced with the following: If the insured has rights to recover all or part of any payment we have made under this Coverage Part,those rights are transferred to us.The insured must do nothing after loss to impair them.At our request,the insured will bring "suit" or transfer these rights to us and help us enforce them. Therefore, the insured can waive the insurer's Rights of Recovery prior to an"occurrence", provided the waiver is made in a written contract. XII. Bodily Injury-Mental Anguish Section V—DEFINITIONS, Paragraph 3. is deleted and replaced with the following: 3. "Bodily injury' means bodily injury,sickness or disease sustained by a person,including death, mental anguish, mental injury,shock or humiliation resulting from any of these at any time. XIII. Personal and Advertising Injury—Abuse of Process, Discrimination If COVERAGE B—PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part,Section V—DEFINITIONS,Paragraph 14."Personal and advertising injury" is amended as follows: 1. Subparagraph b.is deleted and replaced with the following: a. Malicious prosecution or abuse of process; 2. Subparagraph e,is deleted and replaced with the following: e. Oral or written publication, in any manner,of material that violates a person's right to privacy. As used in this subparagraph, publication includes the unauthorized release of your client's or your customer's individually identifiable medical information. 3. Section V—DEFINITIONS, Paragraph 14. Is amended to include the following: h. Discrimination or humiliation against any third-party on account of religion, age, sex, handicap, appearance, health,mental disorder, marital status, race,color,creed or national origin,except when such discrimination or humiliation is: Page llpE J1 j BH-GL-011-02/2015 Includes copyrighted niaLerial of Insurance Seives Office,al! rights rsen ed. (1) Committed by, at the direction of, or with the knowledge of,you or any of your executives,officers or directors;or (2) Related,directly or indirectly,to your employment of any person or persons,or (3) Directly or indirectly related to the sale, rental, lease or sub-lease or prospective sales, rental, lease or sub-lease of any room,dwelling or premises by or at the direction of any insured; or (4) Insurance for such discrimination is prohibited by or held in violation of law, public policy, legislation, court decision or administrative hearing. The above does not apply to fines or penalties imposed because of discrimination. XIV. Amendment—Liquor Liability Exclusion—Exception for Fundraising events Section I—COVERAGES,COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Exclusion 2.c. Liquor Liability is amended by adding the following subparagraph: This exclusion does not apply to"bodily injury"or"property damage" arising out of the selling, serving or furnishing of alcoholic beverages at any fundraising events. ne€e 12 of 12 BI-GL-011-02/2015 Includes copyn h ei n derial of lrisur rice Services Office,all rights reserved. TeXasMutuar Insurance Company WORKERS'COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Agent Copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A.of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Advance Premium: INCLUDED,SEE INFORMATION PAGE. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date Is Indicated below. (The following"attaMing clause'need be completed only when this endorsement Is Issued subsequent to preparation of the policy.) This endorsement,effective on 10101/2018 at 12:01 a.m.standard lime,forms a pad of: Policy No.0001277121 of Texas Mutual Insurance Company effective on 10/01/2016 /� Issued to: FAMILY ENDEAVORS INC /1 A C (y�{\�- /- Premium: $22,762.00 f��- V x9/" , Authorized Representative NCCI Carver Code:29939 09/30/2016 PO Box 12058.Austin,TX 78711-2058 1 of 1 (800)859-59951 Fax(800)359-0650 I texasmutual.com WC 42 03 04 B A ® CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDONYTY) 11/15/201] THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Janice O'Donnell NAME. SWBC Insurance Services, Inc. joiPHONENo Eat). (800)499-]922 FAX fox not 1210)525-0094 P 0 Box ]91028 E-MAIL lodonnell®ewbc.com ADDRESS: INSURERIS)AFFORDING COVERAGE _ NAICX San Antonio TX 78279 INSURER A:Berkehire Hathaway Specialty 22276 INSURED INSURERB:Texae Mutual Ins Co. (Tx W/C) _ 22945 Family Endeavors, Inc. INSURER C: 535 Bandera Road INSURERD: INSURER E: San Antonio TX 78228 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1742716928 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _—_ INSR IDDL SUER PMIDDIVYV POLICY EXP -- LTR TYPE OF INSURANCE �!IN50 MD POLICY NUMBER IMMIDNYYYYI IMM/DDnNWI LIMITS X COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED A CLAIMS-WADE LXJ OCCUR 1,000,000 I PREMISES/Ea $ I 475PK149332.01 14/28/2017 4/2a/2018 MED EXP(Any one person) $ 20,000 PERSONAL SADV INJURY $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 3,000,000 X , POLICY[ IPRO FI LOC I PRODUCTS-COMP/OP AGG $ 3,000,000 I OTHER. I Employee Benefits $ 1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY— .(Ea eamemt_ $ 1,000,000 A ANY AUTO BODILY INJURY(Per personl $ ALL OWNED X SCHEDULED 47SPK149333-01 4/2$/2017 4/28/2018 (BODILY INJURY(Per accident) $ AUTOS AUTOS XI HIRED AUTOS X AUTOS EO [der socid mj AMAGE y IUninsured motorist combined r$ 1,000,000 X UMBRELIALIAB X OCCUREACH OCCURRENCE $ 1,000,000 A EXCESS LIAR CLAIMS-MADE - AGGREGATE $ 1,000,000 DED X RETENTION$ 10,000 47SDM14933501 4/28/2017 4/28/2018 $ PER OTH- EMPSCOMPENSADON Texas only X STATUTE ER ' AND EMPLOYERS'LIABILITY I ANY PROPRIETOR/PARTNER/EXECUTIVE YIN EL EACH ACCIDENT _ $ 1,000,000 OFFICER/MEB Mandatory in NXR EXCLUDED', -__ NIA TSF0001137234 10/30/2017.10/20/2018 EL DISEASE-EA EMPLOYEE $ 1,000,000 N yes describe under DESCRIPTION OF OPERATIONS below E L DISEASE.POLICY LIMIT $ 1,000,000 B Workers Compensation TSF0001277121 10/1/2017 10/1/2018 Eacb Accident 1,000,000 Workers Compensation 92793836955-out of State 10/1/2016 10/1/2018 EL Diseasae Ea Employee 1,000,000 DESCRIPPON OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Addlfianal Remarks Schedule,may be attached if more space is required) Blanket additional insured per written contract. Blanket waiver of subrogation per written contract. Ineruance is primary and non-contributory. 30 day notice of material change and 10 days for non payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Corpus Christi THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Manager ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 9277 Corpus Christi, TX 78469 AUTHORIZED REPRESENTATIVE Gary Dudley/JANICE '��A g==. s O 7 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025120l401) Additional Named Insureds Other Named Insureds Community Based Services inc. C Corporation, Additional Named Insured Dancing With The Stars, Inc- C Corporation, Additional Named Insured Endeavors Unlimited, Inc. C Corporation, Additional Named Insured Family Endeavors 4038 Retirement Plan Other, Additional Named Insured Family Endeavors Learning Center at Braun Additional Named Insured San Antonio Family Endeavors, Inc. Corporation, Additional Named Insured Urban Ministries, inc. OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC This endorsement, effective 12:01 AM: Forms a part of Policy No.: Issued to: By: BUSINESS AUTO ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II—COVERED AUTOS LIABILITY COVERAGE Subparagraph A.1.Who is an Insured is amended to include the following: The following will qualify as a Named Insured if there is no similar insurance available to that organization, regardless of whether the limits of such insurance are exhausted: a. Any incorporated subsidiary in which you maintain ownership or majority interest on the effective date of the policy. b. Any organization you newly acquire or form,other than a partnership,joint venture or limited liability company, and over which you maintain ownership or majority interest. However: (1) Coverage under this provision is afforded only until the 180`h day after you acquire or form the organization or the end of the policy period,whichever is earlier; and (2) Coverage does not apply to "bodily injury" or"property damage" that results from an "accident" that occurred before you acquired or formed the organization. No person or organization will qualify as a Named Insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. II. Subparagraph A.1.Who is an Insured is amended to include the following: d. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor; and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto"you own and not a covered "auto"you hire. Page 1 of 6 I BH-AL-001-02/2015 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. e. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any written contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability covered by the terms of this policy,arising out of the use of a covered "auto" you own, hire or borrow. However,the insurance provided herein will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contractor agreement. f. Your"employee"while using a covered "auto"you do not own,hire or borrow in your business or your personal affairs. g. Your"employee" while operating an "auto" hired or rented under a written contractor agreement in that"employee's"name,with your permission,while performing duties related to the conduct of your business. h. Any of your"executive officers" or his or her spouse, while a resident of the same household using a covered "auto" described below. For the purposes of this Paragraph h.,a covered "auto" for Liability Coverage is any "auto" you don't own, hire or borrow while being used by your "executive officer" or by his or her spouse while a resident of the same household except: (1) Any"auto" owned by that "executive officer" or a member of that person's household; or (2) Any "auto" used by that "executive officer" or his or her spouse while working in a business of selling, servicing,or repairing or parking"autos". We will provide coverage to this"insured" equal to the broadest coverage applicable to any covered ---- -"auto"you own that is covered by this policy. Any coverage provided to this"insured" is excess over any other valid and collectible insurance. "Executive officer' means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. Subparagraph A.2.a Supplementary Payments is deleted and replaced with the following: a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release attachments in any"suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the"insured"at our request,including actual loss of earnings up to $300 a day because of time off from work. (5) All costs taxed against the"insured" in any"suit''against the"insured"we defend.However,these payments do not include attorneys' fees or attorneys'expenses taxed against the "insured". (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "insured" we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance. Page 2 of 6 BH-AL-001-02/2015 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. HI. Exclusion 8.5. Fellow Employee is deleted and replaced with the following: 5. Fellow Employee "Bodily injury"to: a. Any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business; or b. The spouse,child, parent, brother or sister of that fellow"employee" as a consequence of Paragraph a. above. But this exclusion does not apply if you have workers'compensation insurance in force covering all of your "employees". Coverage provided under this exception is excess over any other collectible insurance. SECTION III—PHYSICAL DAMAGE COVERAGE Paragraph A. Coverage is amended to include the following Coverage: Auto Lease Gap If a long-term leased "auto" is a covered "auto" and the lessor is named in the policy as a loss payee, we will pay in the event of a total "loss" the unpaid amounts due on the lease for the covered "auto" at the time of the "loss", less: 1. Overdue lease payments at the time of the"loss"; 2. Financial penalties imposed under a lease for excessive use,abnormal wear and tear or high mileage. 3. Security deposits not returned by the lessor; 4. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the lease; and 5. Carry-over balances from previous leases. II. Subparagraph A.4. Coverage Extensions is deleted and replaced with the following: a. Transportation Expenses We will pay up to$60 per day to a maximum of$2,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its"loss". b. Hired Auto Physical Damage Coverage (1) Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (a) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; Page 3 of 6 BH-AL-001-02/2015 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. (b) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (c) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However,the most we will pay for any expenses for loss of use is$30 per day, to a maximum of $1,000 per accident. (2) Loss to Hired Auto For Hired Auto Physical Damage,we will pay for"loss" to an "auto"you rented or hired without a driver, under a written rental contractor agreement. We will pay for"loss" if caused by: (a) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (b) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (c) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". We will provide coverage equal to the broadest coverage applicable to any covered "auto" you own that is covered by this policy. However, the most we will pay for "loss" to any hired "auto" is: (a) $50,000; (b) The actual cash value of the damaged or stolen property at the time of the "loss'; or (c) The cost of repairing or replacing the damaged or stolen property; whichever is smallest,minus the deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. (3) This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees",partners(if you are a partnership),members(if you are a limited liability company), or members of their households. c. Expense for Stolen Auto Return We will pay up to$10,000 for the expense incurred returning a stolen covered "auto"to you because of the total theft of such covered "auto". Ill. Exclusion B.3 is deleted and replaced with the following: 3. We will not pay for"loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown. However, this exclusion does not apply to accidental discharge of an airbag. b. Blowouts, punctures or other road damage to tires. This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". IV. Paragraph D. Deductible is deleted and replaced with the following: Page 4 of 6 I BH-AL-001-02/2015 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. However, no deductible applies to glass breakage if the glass is repaired rather than replaced. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. If another policy or coverage form issued by us or any company that controls, is controlled by, or is under common control with us, applies to the same "accident",the following applies: 1. If the deductible under this policy is the smaller(or smallest) deductible, it will be waived; or 2. If the deductible under this policy is not the smaller(or smallest)deductible, it will be reduced by the amount of the smaller(or smallest) deductible. SECTION IV-BUSINESS AUTO CONDITIONS Subparagraph A.2.a. is deleted and replaced with the following: a. In the event of"accident", claim, "suit" or"loss", you must give us or our authorized representative prompt notice of the"accident" or"loss". Include: (1) How, when and where the"accident"or"loss" occurred; (2) The "insured's" name and address;and (3) To the extent possible,the names and addresses of any injured persons and witnesses. This condition applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company;or (4) An officer or insurance manager, if you are a corporation. Your failure to give first report of a claim to us shall not invalidate coverage under this policy if the loss was inadvertently reported to another insurer. However, you shall report any such "accident", claim, "suit" or"loss" to us within a reasonable time once you become aware of such error. II. Subparagraph A.5.Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced with the following: 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another,those rights are transferred to us.That person or organization must do everything necessary to secure our rights and must do nothing after"accident"or"loss"to impair them. However,we waive any right of recovery we may have against any person or organization with whom you have a written contract executed prior to the "loss" that requires a waiver of recovery for payments made for damages arising out of your operations done under contract with such person or organization. Page 5 of 6 I BH-AL-001-02/2015 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. III. Subparagraph 8.2.Concealment, Misrepresentation Or Fraud is deleted in its entirety and replaced with the following: 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally conceal or misrepresent a material fact concerning: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto'; or d. A claim under this Coverage Form. Any unintentional failure by you or any "insured" to provide accurate and complete representations as of the inception of the policy will not prejudice the coverages afforded by this policy. However, you must report such error or omission to us as soon as practicable after its discovery. Iv. Subparagraph B.S.b. is deleted and replaced with the following: b. For Hired Auto Physical Damage Coverage,the following are deemed to be covered "autos"you own: (1) Any covered "auto"you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name,with your permission,while performing duties related to the conduct of your business. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". SECTION V—DEFINITIONS Definition C. "Bodily injury" is deleted and replaced with the following: C. "Bodily injury"means bodily injury,sickness or disease sustained by a person including mental anguish or death resulting from any of these. All other terms and conditions of the policy remain the same. Page 6 of 6 I BH-AL-001-02/2015 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. This endorsement, effective 12:01 AM: Forms a part of Policy No.: Issued to: By: CLIENTS AS INSUREDS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. Subparagraph A.1. Who is an Insured of Section II—COVERED AUTOS LIABILITY COVERAGE is amended to include the following: Any "client" of yours is an "insured" while using, with or without your permission, a covered "auto" you own, hire or borrow in your business. II. The following definition is added to Section V—DEFINITIONS: "Client" means a person under your direct care and supervision. All other terms and conditions of the policy remain the same. Page 1 of 1 I BH-AL-002-02/2015 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. This endorsement, effective 12:01 AM: Forms a part of Policy No.: Issued to: By: ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following is added to Subparagraph 1. Who is an Insured of Section II — COVERED AUTOS LIABILITY COVERAGE: The following is also an "insured": Any person or organization for whom you agreed in a written contract,written agreement or written permit to include them as an additional insured under this policy, but only as respects to the use of a covered "auto". This provision only applies when the written contract or agreement has been executed, or the permit has been issued, prior to the "accident" which caused the "bodily injury" or"property damage" to which this coverage applies. Further, such person or organization is only an additional insured for the period of time required by the written contract, written agreement, or written permit, but in no event beyond the expiration or termination of this policy. This provision does not apply: a. To any person or organization included as an "insured" by an endorsement in the Declarations; b. To any lessor of"autos": (1) After the lease expires; or (2) If the "bodily injury" or"property damage" arises out of the sole negligence of the lessor; or c. To any contract or agreement for professional services. Insurance provided by this endorsement will not exceed the lesser of: a. The coverage and/or limits of this policy; or b. The coverage and/or limits required by said contract or agreement. II. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract specifically requires that this insurance apply on a primary or non- contributory basis. Page 1 of 2 I BH-AL-003-02/2015 III. In accordance with the terms and conditions of the policy, each additional insured must give us prompt notice of any "accident" which may result in a claim, forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with all the terms and conditions of this policy. All other terms and conditions of the policy remain unchanged. Page 2 ci 2 I Ill Ar-003 02/2015 Texasiviutua I® Insurance WORKERS'COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Agent Copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A.of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule,but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Advance Premium: INCLUDED, SEE INFORMATION PAGE. This endorsement Manges the policy to which It is attached effective on the inception date of the policy unless a different date is Indicated below. (The following*attaching clause need be completed only when this endorsement la Issued subsequent to preparation of the policy.) This endorsement.effective on 1012012015 et 12:01 a.m.standard time,forms a pad of: Policy No.0001137234 of Texas Mutual Insurance Company effective on 10/20/2016 /I Issued to: ENDEAVORS UNLIMITED INC /i // Premium: $22,632.00 (v(.wC, Authorized Representative NCCI Canter Code:29939 owsorzom PO Box 12058.Austin,TX 78711-2058 1 of 1 (800)859-59951 Fax(800)359-0650 1 texasmutual.com WC 42 03 04 B