HomeMy WebLinkAboutC2021-309 - 11/16/2021 - Approved
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SERVICE AGREEMENT NO. 3832
GRANT ADMINISTRATOR SERVICES OF EMERGENCY RENTAL
ASSISTANCE
THIS Grant Administrator Services of Emergency Rental Assistance Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation (“City”) and Hagerty Consulting, Inc. (“Contractor"),
effective upon execution by the City Manager or the City Manager’s designee (“City
Manager”).
WHEREAS, Contractor has bid to provide Grant Administrator Services of
Emergency Rental Assistance in response to Request for Bid/Proposal No. N/A
(“RFB/RFP”), which RFB/RFP includes the required scope of work and all specifications
and which RFB/RFP and the Contractor’s bid or proposal response, as applicable, are
incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each
were fully set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Grant Administrator Services of Emergency Rental
Assistance (“Services”) in accordance with the attached Scope of Work, as shown
in Attachment A, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2.
2. Term. This Agreement is for one year, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or the
Contracts and Procurement Division, or the performance date listed in the notice
to proceed, whichever is later. The parties may mutually extend the term of this
Agreement for up to zero additional zero-month periods (“Option Period(s)”),
provided, the parties do so in writing prior to the expiration of the original term or
the then-current Option Period.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$1,170,565.00, subject to approved extensions and changes. Payment will be
made for Services completed and accepted by the City within 30 days of
acceptance, subject to receipt of an acceptable invoice. Contractor shall
invoice no more frequently than once per month. All pricing must be in
accordance with the attached Bid/Pricing Schedule, as shown in Attachment B,
the content of which is incorporated by reference into this Agreement as if fully
set out here in its entirety. Any amount not expended during the initial term or any
option period may, at the City’s discretion, be allocated for use in the next option
period.
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Invoices must be mailed to the following address with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City’s Contract Administrator for this Agreement is as follows:
Jennifer Buxton
Assistant Director of Neighborhood Services
361-826-3976
Jenniferb9@cctexas.com
5. Insurance. Before performance can begin under this Agreement, the
Contractor must deliver a certificate of insurance (“COI”), as proof of the required
insurance coverages, to the City’s Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days’
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
7. Inspection and Acceptance. Any Services that are provided but not accepted by
the City must be corrected or re-worked immediately at no charge to the City.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
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and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City’s actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City’s product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City’s City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget. The City will notify the
Contractor of non-appropriation as soon as practicable. If notice cannot be
provided at least 30 days prior to the end of the fiscal year, it will be provided
within seven days following budget approval.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator
unless the subcontractors were named in the bid or proposal or in an Attachment
to this Agreement, as applicable. In using subcontractors, the Contractor is
responsible for all their acts and omissions to the same extent as if the
subcontractor and its employees were employees of the Contractor. All
requirements set forth as part of this Agreement, including the necessity of
providing a COI in advance to the City, are applicable to all subcontractors and
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their employees to the same extent as if the Contractor and its employees had
performed the work. The City may, at the City’s sole discretion, choose not to
accept Services performed by a subcontractor that was not approved in
accordance with this paragraph.
13. Amendments and Changes. This Agreement may be amended or modified only
by written change order signed by both parties. Change orders may be used to
modify quantities as deemed necessary by the City. Any changes that alter the
method, price, or schedule of work must be allowable, allocable, within the scope
of any federal grant or cooperative agreement, and reasonable for the
completion of the project scope.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other related taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Jennifer Buxton
Assistant Director of Neighborhood Services
1201 Leopard St., Corpus Christi, Texas 78401
361-826-3976
IF TO CONTRACTOR:
Hagerty Consulting, Inc.
Attn: Katie Freeman
Director of Operations
1618 Orrington Avenue, Suite 201, Evanston, Illinois 60201
847-492-8454 Ext. 119
847-859-1710
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
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WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES,
RESULTING FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR
FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS.
CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL
AFFORMENTIONED CLAIMS AND DEMANDS, ATTEND TO THEIR
SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED
THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND
PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND
EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID
LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE
INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS
SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF
THIS AGREEMENT.
18. Termination.
(A) Termination for Cause. The City may terminate this Agreement for
Contractor’s failure to comply with any of the terms of this Agreement. The City
must give the Contractor written notice of the breach and set out a reasonable
opportunity to cure. If the Contractor has not cured within the cure period, the
City may terminate this Agreement immediately thereafter.
(B) Termination for Convenience. Alternatively, the City may terminate this
Agreement for convenience upon 30 days advance written notice to the
Contractor. The City may also terminate this Agreement upon 24 hours written
notice to the Contractor for failure to pay or provide proof of payment of taxes as
set out in this Agreement. In the event of termination for convenience, the
Contractor will be compensated for all Services performed prior to the date of
termination. The City shall have no further obligations to the Contractor.
19. Effect of Breach. In addition to the remedy of termination, if the Contractor violates
or breaches any provision of the Agreement, the City may pursue any other claims
or causes of action available under the law. No specific sanctions or penalties
apply to this Agreement except those that are otherwise available under the law.
20. Limitation of Liability. Each Party’s maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall either Party be liable for incidental, consequential or special damages.
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21. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
22. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
23. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor’s bid response (Exhibit 2).
24. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 “Certificate of Interested Parties” as part of this Agreement.
25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
26. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
27. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
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28. Federal Funding Requirements. This project is subject to requirements provided for
by relevant federal agencies. A set of Federal Requirements has been attached
as Attachment E, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety. The Contractor must comply with
Attachment E while performing the Services. The Contractor will insert in any
subcontracts all Federal Provisions/Requirements contained in the Agreement,
such other clauses as FEMA, the FAA, or their designees may by appropriate
instructions require and a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime Contractor shall be responsible
for the compliance by any subcontractor or lower tier subcontractor with all the
contract clauses.
[Signature Page Follows]
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CONTRACTOR
Signature:
Printed Name:
Title:
Date:
CITY OF CORPUS CHRISTI
_____
Josh Chronley
Assistant Director, Contracts and Procurement
Date:
APPROVED AS TO LEGAL FORM
_________________________________________________
Assistant City Attorney Date
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Attachment E: Federal Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. N/A
Exhibit 2: Contractor’s Bid/Proposal Response
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Chief Operating Officer
11/11/2021
Brad Grining
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11/18/2021
Ord. 032609
11-16-2021
___________________Authorized By
Council ________________________
11/19/2021
ATTEST:
_____________________________
Rebecca Huerta
City Secretary
Attachment A – Scope of Work
General Requirements
The Contractor shall advise and assist with evaluating, planning,
management, and execution of the City’s allocation of Emergency Rental
Assistance funding from the U.S. Department of Treasury. The program is to
assist households that are unable to pay rent and utilities due to the COVID-
19 pandemic.
Grant Administration services must be performed in compliance with the
City of Corpus Christi award terms and Section 501 of Division N of the
Consolidated Appropriations Act, 2021, Pub. L. No. 116-260 (Dec. 27, 2021)
(the Act).
Scope of Work
A. Coordinate and manage the program at various stages of implementation
with the Grant Monitoring Department. Interact effectively with local
officials, City staff and staff members of state and federal agencies through
written memos, emails, formal letters, and telephone conversations.
B. Accurately monitor and report on project performance to senior
management.
C. Propose an assistance payment process facilitating the transfer of funds
from the City to the landlord or tenant and facilitate implementation.
D. Create and follow program-specific checklists, standard operating
procedures and guidelines meeting federal, state, and local requirements.
E. Develop and implement web-based application and workflow platform in
English and Spanish with alternate application process for those without
internet access.
F. Perform outreach efforts to reach target populations.
G. Review applications and determine eligibility per grant requirements.
H. Prevent duplication of benefits.
I. Provide reports and dashboards to the City.
J. Develop, maintain, and submit all necessary documentation per grant
requirements.
K. Develop and submit all necessary grant reporting forms to the City.
L. Ensure program compliance. Ensure all public notification and required
policies and procedures including cross-cutting regulations are submitted.
M. Manage audit and grant close out process.
N. Actively manage project schedules, working with numerous deadlines and
“trigger” events.
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O. Interpret government publications and regulations as they pertain to
project implementation.
P. Provide guidance to City throughout the project, as needed, including
ensuring staff availability to answer question at City Council meetings in
person or virtually.
Work Site and Conditions
The work shall be performed off site as an independent contractor. Any
travel expenses are included in the hourly rate.
Special Instructions
Contractor shall submit monthly reports to the Contact Administrator
summarizing the amount of time expended and describe activities
undertaken during the previous month.
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ATTACHMENT B – PRICING SCHEDULE
CITY OF CORPUS CHRISTI
Pricing Form
GRANT ADMINISTRATOR SERVICES OF
EMERGENCYRENTAL ASSISTANCE - TREASURY
DATE:
PROPOSING COMPANY AUTHORIZED SIGNATURE
DESCRIPTION QTY UNIT TOTAL PRICE
Grant Administrator Services of
Emergency Rental Assistance-Treasury 1 Year Lump Sum $1,170,565.00
This contract is not to exceed $1,170,565.00 and must be in accordance with the
attached Rate Table and Timeline.
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1618 ORRINGTON AVE, SUITE 201
EVANSTON, IL 60201
847.492.8454
WWW.HAGERTYCONSULTING.COM
CHICAGO | WASHINGTON D.C. | AUSTIN | NEW YORK CITY | SACRAMENTO | HICKORY
MEMO
To: Jennifer Buxton, Assistant Director, Neighborhood Services, City of Corpus Christi
From: Katie Freeman, Director of Operations, Hagerty Consulting, Inc.
Copy: Mark O’Mara, Director of Recovery, Hagerty Consulting, Inc.
Date: August 9, 2021
Re: Support for Emergency Rental Assistance 2 Program
Hagerty Consulting is currently supporting the City of Corpus Christi in the implementation of the Emergency
Rental Assistance (ERA)1 Program. Hagerty’s current contract, Service Agreement No. 3557 for Grant
Administrator Services of Emergency Rental Assistance – Treasury, included pricing for services associated
with ERA1. Similar to ERA1, Hagerty’s services provided under ERA2 will include:
»Coordinating and managing ERA2 at various stages of implementation with the Grant Monitoring
Department.
»Interacting with local officials, City staff, and staff members of state and federal agencies through
written memos, emails, formal letters, and telephone conversations.
»Monitoring and reporting on overall project performance.
»Updating program-specific checklists, standard operating procedures, and guidelines to meet
federal, state, and local requirements.
»Maintaining the web-based application and workflow platform in English and Spanish with alternate
application process for those without internet access.
»Providing public marking and outreach content and support City outreach efforts to target
populations.
»Reviewing applications and determine eligibility per grant requirements and prevent duplication of
benefits.
»Developing, maintaining, and submitting necessary documentation per grant requirements.
»Developing and submitting all necessary grant reporting forms to the City.
»Managing audit and grant closeout processes.
»Interpreting government publications and regulations as they pertain to project implementation.
»Providing guidance to the City throughout the project, as needed.
Hagerty’s price structure includes the labor categories, hourly rates, and estimated level of effort for
sustainment of the Hagerty team. Hagerty assumes the overall period of performance associated with ERA2
RATE TABLE AND TIMELINE
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1618 ORRINGTON AVE, SUITE 201
EVANSTON, IL 60201
847.492.8454
WWW.HAGERTYCONSULTING.COM
CHICAGO | WASHINGTON D.C. | AUSTIN | NEW YORK CITY | SACRAMENTO | HICKORY
Program Implementation will be for one year. Hagerty assumes all payment terms and conditions contained
in the prime contract will apply to the administration of the ERA2 Program.
Price Proposal for Ongoing Support Under ERA2
Personnel and Role Hourly Rate Hours Total
Project Manager $175.00 650 $113,750.00
Subject Matter Expert $225.00 20 $4,500.00
Project Advisor $205.00 25 $5,125.00
Project Advisor $175.00 50 $8,750.00
Program Design and Training Lead $140.00 520 $72,800.00
System Development Lead $225.00 80 $18,000.00
User Portal Lead $180.00 80 $14,400.00
Internal Platform Lead $180.00 80 $14,400.00
Intake and Application Management Lead $140.00 1560 $218,400.00
Program Outreach Lead $140.00 1560 $218,400.00
Case Manager $75.00 1560 $117,000.00
Case Manager $75.00 1560 $117,000.00
Case Manager $75.00 1560 $117,000.00
Case Manager $75.00 1560 $117,000.00
Program Outreach Lead $135.00 104 $14,040.00
10,969 $1,170,565.00
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Attachment C – 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 Administer 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 General liability and
Auto Liability policies by endorsement, and a waiver of subrogation endorsement is
required on all applicable policies. 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.
Bodily Injury and Property Damage
Per occurrence - aggregate
PROFESSIONAL LIABILITY
(Errors and Omissions)
$1,000,000 Per Claim
(Defense costs not included in
face value of the policy)
If claims made policy, retro date
must be prior to inception of
agreement, have extended
reporting period provisions and
identify any limitations regarding
who is insured.
CYBER LIABILITY $1,000,000 Per Occurrence
$1,000,000 Aggregate
COMMERCIAL GENERAL LIABILITY
including:
1. Commercial Broad Form
2. Premises – Operations
3. Products/ Completed
Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
$1,000,000 Per Occurrence
$1,000,000 Aggregate
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CRIME/EMPLOYEE DISHONESTY
Contractor shall name the City of
Corpus Christi, Texas as Loss Payee
$500,000 Per Claims Made
Limit Requirement May Be Subject to
Change Based on Actual Annual
Maximum Funds Administered.
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. Applicable for paid employees, Contractor must obtain workers’ compensation
coverage through a licensed insurance company. The coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The
workers’ compensation coverage provided must be in statutory amounts according to
the Texas Department of Insurance, Division of Workers’ Compensation. An All States
Endorsement shall be required if Contractor is not domiciled in the State of Texas.
B. 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.
C. 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:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. 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;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
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• 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.
E. 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.
F. 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.
G. 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.
H. 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.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this contract.
2021 Insurance Requirements
Ins. Req. Exhibit
Housing and Community Development – Grant Monitoring Service – Emergency Rental Assistance
03/15/2021 Risk Management – Legal Dept.
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Attachment D – Warranty
No warranty is required for this agreement.
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OMB Approved No.: 1505-0266 Expiration Date: 7/31/21
U.S. DEPARTMENT OF THE TREASURY EMERGENCY RENTAL ASSISTANCE
Recipient name and address: [Recipient to provide] DUNS Number: [Recipient to provide]
Taxpayer Identification Number: [Recipient to
provide]
Section 501(a) of Division N of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260 (Dec. 27, 2020) authorizes the Department of the Treasury (“Treasury”) to make payments to certain recipients to be used to provide emergency rental assistance.
Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms attached hereto.
__________________________________________________
Authorized Representative:
Title: [To be signed by chief executive officer if recipient is a local government.]
Date signed:
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U.S. DEPARTMENT OF THE TREASURY EMERGENCY RENTAL ASSISTANCE
Use of Funds. Recipient understands and agrees that the funds disbursed under this award may only be used for the purposes set forth in Section 501 of Division N of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260 (Dec. 27, 2020) (referred to herein as “Section 501”).
Repayment and reallocation of funds.
a. Recipient agrees to repay excess funds to Treasury in the amount as may be determined by Treasury pursuant to Section 501(d). Such repayment shall be made in the manner and by the date, which shall be no sooner than September 30, 2021, as may be set by Treasury.
b. The reallocation of funds provided by Section 501(d) shall be determined by Treasury and shall be subject to the availability of funds at such time.
Availability of funds.
a. Recipient acknowledges that, pursuant to Section 501(e), funds provided under this award shall remain available only through December 31, 2021, unless, in the case of a reallocation made by Treasury pursuant to section 501(d), Recipient requests and receives from Treasury an extension of up to 90 days.
b. Any such requests for extension shall be provided in the form and shall include such information as Treasury may require.
c. Amounts not expended by Recipient in accordance with Section 501 shall be repaid to Treasury in the manner specified by Treasury.
Administrative costs.
a. Administrative expenses of Recipient may be treated as direct costs, but Recipient may not cover indirect costs using the funds provided in this award, and Recipient may not apply its negotiated indirect cost rate to this award.
b. The sum of the amount of the award expended on housing stability services described in Section 501(c)(3) and the amount of the award expended on administrative expenses described in Section 501(c)(5) may not exceed 10 percent of the total award.
Reporting.
a. Recipient agrees to comply with any reporting obligations established by Treasury, including the Treasury Office of Inspector General, as relates to this award, including but not limited to: (i) reporting of information to be used by Treasury to comply with its public reporting obligations under section 501(g) and (ii) any reporting to Treasury and the Pandemic Response Accountability Committee that may be required pursuant to section 15011(b)(2) of Division B of the Coronavirus Aid, Relief, and Economic Security Act (Pub. L. No. 116-136), as amended by Section 801 of Division O of the Consolidated Appropriations Act, 2021 (Pub. L. No. 116-260). Recipient acknowledges that any such information required to be reported pursuant to this section may be publicly disclosed. b. Recipient agrees to establish data privacy and security requirements as required by Section 501(g)(4).
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Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to support compliance with Section 501(c) regarding the eligible uses of funds.
b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations.
c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury.
Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.
Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of Section 501 and Treasury interpretive guidance regarding such requirements. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25 and pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180 (including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.
v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.
vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
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c. Statutes and regulations prohibiting discrimination applicable to this award, include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the grounds of race, color, or national origin under programs or activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII-IX of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, national origin, sex, familial status, or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicap under any program or activity receiving or benefitting from federal assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and
v. The Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
False Statements. Recipient understands that false statements or claims made in connection with this award may result in fines, imprisonment, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
Publications. Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury.”
Debts Owed the Federal Government.
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are not repaid by Recipient as may be required by Treasury pursuant to Section 501(d) shall constitute a debt to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s initial written demand for payment, unless other satisfactory arrangements have been made. Interest, penalties, and administrative charges shall be charged on delinquent debts in accordance with 31 U.S.C. § 3717 and 31 C.F.R. § 901.9. Treasury will refer any debt that is more than 180 days delinquent to Treasury’s Bureau of the Fiscal Service for debt collection services.
c. Penalties on any debts shall accrue at a rate of not more than 6 percent per year or such other higher rate as authorized by law. Administrative charges, that is, the costs of processing and handling a delinquent debt, shall be determined by Treasury.
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d. Funds for payment of a debt must not come from other federally sponsored programs.
Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award.
b. The acceptance of this award by Recipient does not in any way constitute an agency relationship between the United States and Recipient.
Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee as a reprisal for disclosing information to any of the list of persons or entities provided below that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law enforcement agency;
vi. A court or grand jury; and/or
vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.
Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (April 8, 1997), Recipient should and should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles.
Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.
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