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HomeMy WebLinkAbout020400 RES - 07/26/1988TEXAS: A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT WITH CORPUS CHRISTI METRO MINISTRIES, INC. TO AWARD METRO MINISTRIES, INC. EMERGENCY SHELTER GRANT FUNDS IN THE AMOUNT OF $10,000; AND APPROPRIATING $10,000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager is hereby authorized to execute a contract with Corpus Christi Metro Ministries, Inc. to award Metro Ministries, Inc. Emergency Shelter Grant Funds in the amount of $10,000 all as more fully set forth in the contract, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit A. SECTION 2. That there is hereby appropriated $10,000 from the Emergency Shelter Grant Fund. ATTEST: 4 Ci ecretary APPROVED: a.5 DAY OF av L1 , 19 27 HAL GEORGE, CITY ATTORNEY 206AG156.res OR THE CITY OF CORPUS CHRISTI, TEXAS 20400 MICROFILMED CORPUS CHRISTI METRO MINISTRIES, INC. CONTRACT THE STATE OF TEXAS 0 COUNTY OF NUECES WHEREAS, the City of Corpus Christi, (hereinafter called "City"), desires to support the goals and objectives of the Corpus Christi Metro Ministries, Inc., a non-profit corporation organized under the laws of the State of Texas (CCMMI), in Corpus Christi; and WHEREAS, the City is desirous of providing safe and sanitary facili- ties for the homeless in need of the services provided by the CCMMI; and WHEREAS, CCMMI is able and desirous of providing services to indivi- duals who are homeless and in need of assistance in order to be restored to a healthy, able, productive life; and WHEREAS, for the past five years CCMMI has been administering and operating such a program; and WHEREAS, the City is empowered under Article II, Sec. 5 Texas Consti- tution, Article 1175 VATS, generally, and City Charter Article X, Sec. 1, particularly but without limitation, to contract for the promotion of the public welfare, health and safety in furtherance of necessary and proper use and occupancy of property of the City and to promote and develop a viable urban community which shall include the provision of quality services to individuals and families who are homeless and in need of -1- shelter and other services provided by CCMMI, this City Council finds a genuine need in the City of Corpus Christi at this time for the provision of services and that CCMMI is a proper agency to provide such services: NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE COVENANTS, TERMS AND UNDERTAKINGS EXPRESSED, WITNESS THIS CONTRACT entered into between the City and CCMMI. I CCMMI agrees: 1. To provide sufficent staff and administrative support to operate the Emergency Shelter Grant Program (the "Program"). 2. To provide all labor and administrative support to operate the Program. 3. To manage and maintain safe and sanitary facilities and to assist in creating conditions which will promote the general welfare of the eligible individuals. 4. To utilize the facilities in accordance with HUD's Emergency Shelter Program Regulations. 5. That the monies made available through this contract will be utilized to supplement or expand the current services provided by CCMMI. 6. That the City will only be billed for eligible activities and/or services provided with Emergency Shelter Program funds. -2- 7. To bill the City for the Emergency Shelter Program activities on a dollar for dollar match not to exceed $10,000, with the City providing one half and CCMMI providing one half. 8. To have the responsibility for obtaining and maintaining certifi- cations and licensing of these facilities as required by the City of Corpus Christi, and all other Public Agencies having jurisdiction over the Program. 9. That the professional services provided under this contract will be supervised by the Board of Directors of the CCMMI. 10. That`"it will record financial transactions according to accrual accounting procedures or develop such accrual information through analysis of the documentation on hand and provide an independent audit for such expenditures. 11. That it will provide access to its records during regular business hours for the purposes of City and/or HUD conducted audits or monitoring. 12. That it will provide any information pertinent to this contract as the Director of Housing and Community Development may from time to time request. 13. That it will notify the City of Corpus Christi (within ten days) when the current scope, funding, staffing or services being provided by the CCMMI changes from its current level. II City agrees: To provide up to ten -thousand dollars ($10,000) of Emergency Shelter Grant Funds to CCMMI for the renovation of the existing buildings at 1919-1925 Leopard which are to become part of the Meadows Building Complex. -3- Renovation involves the installation of metal exterior wall panels, interior partitions, ceilings, and an environmental control unit. III The parties further agree that: 1. In the event that CCMMI is unable to obtain funding for the subject project by September 30, 1988, this contract shall automatically terminate. 2. In no event shall the City be liable for any contracts made by CCMMI with any person, firm, corporation, association, or governmental body, other than City itself. All of the services required by this contract will be performed by CCMMI, or under its supervision, and all personnel engaged in such services shall be fully qualified and authorized under state law to perform such services. It is agreed by the parties hereto that CCMMI is an independent contractor providing the services on behalf of the City and that CCMMI will not purport to incur debts or obligations on behalf of the City. 3. In no event shall the City be liable .for any damages, injuries, or losses charged to or adjudged against the CCMMI arising from its operation, use, or maintenance of the CCMMI facilities. CCMMI shall hold the City, its officers, agents, and employees harmless from any lawsuits, claims, damages, liabilities, losses, and expenses (including court costs, and attorney fees) for any injury to any person, death, or damage to property which may arise, or which may be alleged to have arisen out of or in connection with the negligence of CCMMI, its agents, employees, or independent contractors in the performance of this contract. -4- 4. Either party may terminate this contract as of the last day of any month upon thirty (30) days prior written notice to the other party. Notice shall be deemed effective upon deposit of a properly addressed and stamped letter, return receipt requested, for delivery to City at City Hall, P. 0. Box 9277, Corpus Christi, Texas 78469, and to CCMMI, 1906 Leopard, Corpus Christi, Texas 78408. 5. Nothing herein shall be construed as prohibiting CCMMI from entering into contracts with additional parties for the performance of services similar or identical to those enumerated herein, and nothing herein shall be construed as prohibiting CCMMI from receiving compensation therefor from such additional parties, provided that all other terms of this contract are fulfilled. 6. The term of this contract shall not exceed twelve (12) months from the effective date of this agreement. -Iv ..:CCMMI and the City agree that all funds expended under this contract shall be solely for the activities outlined under this contract and further; 1. CCMMI agrees to comply with all applicable Equal Opportunity Regulations and specifically, Executive Order 11246, and the regulations issued under the order at 41 Code of Federal Regulations, Chapter 60. 2. CCMMI agrees to comply with any other rule or regulation promul- gated by HUD during the term of this contract, which is directly related to and covering Emergency Shelter Grant Program activities when so informed in writing by the City Manager or his representative. 3. During the performance of this contract, the CCMMI agrees as follows: -5- a. CCMMI agrees to provide an equal amount of funds to match the emergency shelter grant funds provided by the City. In calculating the matching amount CCMMI may use guidelines provided in paragraph 575.51 of the Code of Federal Regulations. b. CCMMI agrees to maintain the buildings, for which emergency shelter grant amounts are used for one or more of the eligible activities described in 575.21 (a) (1) and (3), as a shelter for the homeless for not less than a three year period, or for not less than a ten (10) year period if the grant amount is used for major rehabilitation or conversion of the building. c. CCMMI agrees that buildings for which emergency shelter grant amounts are used for renovation, conversion, or major rehabilitation must meet local governmental safety and sanitation standards. d. CCMMI agrees to provide homeless individuals assistance in obtaining appropriate supportive services including permanent housing, physical health treatment, mental health treatment, counseling, supervision, and other services essential for achieving independent living, and help in obtaining any other federal, state, local and private assistance available for such individuals. 4. To comply with federal requirements governing the use of emergency shelter grant funds as outlined in paragraph 575.59 of the federal regulations, CCMMI agrees to comply with the a. Non-discrimination and equal opportunity requirements of Title VIII of the Civil Rights Act of 1966, Executive Order 11063 and Title VI of the Civil Rights Act of 1964; -6- b. Prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975, and prohibitions against discrimination against handicapped individuals under Section 504 of the Rehabilitation Act of 1973; c. Requirements of Section 3 of the Housing and Urban Development Act of 1968; d. Requirements of Executive Order 11625, 12432, and 12138; consistent with these Orders is the responsibility to encourage the use of minority and women's business enterprises in connection with activities funded under this part; e. Requirement to make known that the use of facilities and services is available to all on a non-discriminatory basis; f. Requirements of Executive Order 12372 and the regulations issued under the Order at 24 CFR Part 52; g. ----:Requirements of OMB -Circulars No.'s A -110-A-112 as they '-relate-to the acceptance and use of emergency- shelter -grant amountsbyprivate, non-profit organizations; h. Requirements of the Uniform Federal Accessibility Standards Act 24 CFR, Part 40, Appendix A; i. Requirements as applicable of the Lead -Based Paint Poisoning Prevention Act; j Requirements relating to conflicts of interest in OMB Circular A-102 and A-110; k. Requirements of 24 CFR, Part 4 relating to employment, engagement of services, awarding of contracts, or funding of -7- any contractors or subcontractors during any period of debarment, suspension, or placement in ineligibility status; and 1. Requirements of the Federal Emergency Management Agency (FEMA) regarding participation in the National Flood Insurance Program for designated areas. V If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this contract shall be held invalid or uncon- stitutional by final judgement of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this contract, for it is the definite intent of the parties hereto that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. -8- This agreement is effective the 1988. day of ATTEST: CITY OF CORPUS CHRISTI By: City Secretary Juan Garza, City Manager APPROVED: DAY OF 1988 CORPUS CHRISTI METRO City Attorney Assistant City Manager CCMMI.GRT Bv: -9- MINISTRIES, INC. CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section .23) 7 July 12, 1988 I certify to the City Council that $ 10,nn�_n0 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund No. and Name 162- Federal State Grant Fund Project No. 162-152-807.48 Project Name Emergency Shelter Grant Program from which it is proposed to be drawn, and such money is not appropriated for any other purpose. $10,000.00 FIN 2-55 Revised 7/31/69 (-1/ , 19 38 4y-ct h D,tator of Firice 99.066.01 Corpus Christi, Texas _ day of , 198Y The above resolution was passed by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet (?,1 Mary Rhodes fie nti" Frank Schwing, Jr. Mary Pat Slavik 67/-, Linda Strong aits 20400