HomeMy WebLinkAbout020743 RES - 08/08/1989A RESOLUTION
ACCEPTING THE EMERGENCY SHELTER GRANT FUNDS FROM THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; ALLOCATING
$38,200 TO THE GULF COAST COUNCIL OF LA RAZA AND $27,800 TO
THE SOUTH TEXAS CHILD ABUSE CRISIS CENTER; AUTHORIZING THE
CITY MANAGER TO EXECUTE CONTRACTS FOR THE DISBURSEMENT OF
FUNDS; AND APPROPRIATING $58,000
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager is hereby authorized to
execute agreements with Gulf Coast Council of La Raza and the South
Texas Child Abuse Crisis Center, all as more fully set forth in the
agreements, substantial copies of which are attached hereto and made a
part hereof, marked Exhibits A and B, respectively.
SECTION 2. That there is hereby appropriated $38,200 for
the contract with Gulf Coast Council of La Raza and $27,800 for the
cnntract with the South Texas Child Abuse Crisis Center for a total of
$58,000 from the No. 162 Federal State Grant Funds.
ATTEST:
441„, -
City Secretary
MAYOR
THE CITY OF CORPUS CHRISTI
APPROVED:3 DAY OF Ira j , 198-c;
HAL GEORGE, CITY ATTORNEY
BYAS'ss ant City At rney
002
20743 MICROFILMED
GULF COAST COUNCIL OF LA RAZA
CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
WHEREAS, the City of Corpus Christi, (hereinafter called "City"),
desires to support the goals and objectives of the Gulf Coast Council of La
Raza, a non-profit corporation organized under the laws of the State of
Texas (hereinafter called "GCCLR"); and
WHEREAS, the City is desirous of providing safe and sanitary
facilities for the homeless in need of the services provided by the GCCLR;
and
WHEREAS, GCCLR is able and desirous of providing services to
individuals who are homeless and in need of assistance in order to be
restored to a healthy, able, productive life; and
WHEREAS, the City is empowered under Article II, Sec. 5 Texas
Constitution, 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
shelter and other services provided by GCCLR, this City Council finds a
genuine need in the City of Corpus Christi at this time for the provision
of services and that GCCLR 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 GCCLR.
I
CITY AGREES:
To provide up to thirty thousand two hundred dollars ($30,200) of
Emergency Shelter Grant Funds to GCCLR for the renovation of the Runaway
Shelter (Facilities) which will be renovated in accordance with plans and
specifications approved by the City's Director of Housing and Community
Development (Project).
II
GCCLR agrees:
2.1 To provide sufficient staff and administrative support to operate
the Emergency Shelter Grant Program (the "Program").
2.2 To provide all labor and administrative support to operate the
Program.
2.3 To manage and maintain safe and sanitary Facilities and to assist
in creating conditions which will promote the general welfare of the
eligible individuals.
2.4 To utilize the Facilities in accordance with HUD's Emergency
Shelter Program Regulations.
2.5 That the monies made available through this Contract will be
utilized to supplement or expand the current services provided by GCCLR.
2.6 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 $30,200, with the City providing
one half and GCCLR providing one half.
2.8 To have the responsibility for obtaining and maintaining
certifications and licensing of these facilities as required by the City,
and all other Public Agencies having jurisdiction over the Program.
2.9 That the professionai services provided under this Contract will
be supervised by the Board of Directors of the GCCLR.
2.10 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.
2.11 That it will provide access to its records during regular
business hours for the purposes of City and/or HUD conducted audits or
monitoring.
2.12 That it will provide any information pertinent to this Contract
as the Director of Housing and Community Development may from time to time
request.
2.13 That it will notify the City (within ten days) when the current
scope, funding, staffing or services being provided by the GCCLR changes
from its current level.
2.14 To have in force throughout the term of this Contract
comprehensive general liability insurance coverage with a personal injury
endorsement in the minimum amount of $500,000 for each occurrence;
$1,000,000 as aggregate liability and $100,000 for property damage arising
out of each accident. The comprehensive general liability shall include a
Contractual Liability endorsement. Said insurance policy shall name the
City as an additional insured. A certificate to that effect will be
provided to the City to be attached to this Contract.
2.15 To have in force throughout the term of this Contract fire and
extended coverage insurance in an amount sufficient to cover the
replacement cost of the Facilities. Said insurance policy shall name the
City as loss payee using a standard loss payee clause. A certificate to
that effect will be provided to the City to be attached to this Contract.
2.16 That the City's Director of Housing and Community Development
shall be given thirty (30) days advance written notice by the insurer prior
to the cancellation, nonrenewal, or material change of the insurance
policies mentioned in paragraphs, 2.14 and 2.15 above. Failure to maintain
such insurance will be cause for the City to take control of the property
and will cancel any claim that GCCLR may have to the use of the Facilities.
III
THE PARTIES FURTHER AGREE THAT:
3.1 In no event shall the City be liable for any contracts made by
GCCLR 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 GCCLR, or under its supervision, and all
personnel engaged in such services. It is agreed by the parties hereto
that GCCLR is an independent contractor providing the services on behalf of
the City and that GCCLR will not purport to incur debts or obligations on
behalf of the City.
3.2 In no event shall the City be liable for any damages, injuries,
or losses charged to or adjudged against the GCCLR arising from its
operation, use, or maintenance of the GCCLR facilities. GCCLR 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 connection with the negligence of GCCLR, its agents, employees, or
independent contractors in the performance of this contract.
3.3 Either party
any month upon thirty
Notice shall be deemed
stamped letter, return
Hail, P. 0. Box 9277,
Baldwin, Corpus Christi
may terminate this Contract as of the last day of
(30) days prior written notice to the other party.
effective upon deposit of a properly addressed and
receipt requested, for delivery to City at City
Corpus Christi, Texas 78469, and to GCCLR, 2203
, Texas 78405.
3.4 Nothing herein shall be construed as prohibiting GCCLR 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 GCCLR from receiving compensation
therefore from such additional parties, provided that all other terms of
this contract are fulfilled.
3.5 The term of this contract shall not exceed twelve (12) months
from the effective date of this Contract.
TV
GCCLR and the City agree that all funds expended under this Contract
shall be solely for the activities outlined under this Contract and
further;
4.1 GCCLR 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.
4.2 GCCLR agrees to comply with any other rule or regulation
promulgated 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.
4.3 During the performance of this Contract, the GCCLR agrees as
follows:
a. GCCLR agrees to provide an equal amount of funds to match the
Emergency Shelter Grant funds provided by the City. In
calculating the matching amount GCCLR may use guidelines provided
in paragraph 576.71 of the Code of Federal Regulations.
b. GCCLR agrees to maintain the buildings, for which Emergency
Shelter Grant amounts are used for one or more of the eligible
activities described in 576.21 (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. GCCLR 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. GCCLR 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.
4.4 To comply with federal requirements governing the use of
Emergency Shelter Grant funds as outlines in paragraph 576.79 of the
federal regulations, GCCLR 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;
-4-
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;
9.
Requirements of OMB Circulars No.'s A -110-A-122 as they relate to
the acceptance and use of emergency shelter grant amounts by
private, non-profit organizations;
h. Requirements of the Uniform Federal Accessibility Standards Act
24 CFR, Part 40, Appendix A;
Requirements as applicable of the Lead -Based Paint Poisoning
Prevention Act;
Requirements relating to conflicts of interest in OMB Circular
A-102 and A-110;
k. Requirements of 24 CFR, Part 24 relating to employment,
engagement of services, awarding of contracts, or funding of any
contractors or subcontractors during 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
unconstitutional 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.
-5-
1989.
ATTEST:
This agreement is effective the day of
CITY OF CORPUS CHRISTI
By:
Assistant City Secretary Juan Garza, City Manager
APPROVED:
3/7' 1>AY OF
, 1989
City Attorney
Assistant City Attorney
GCCLR.AGR
GULF COAST COUNCIL OF LA RAZA
By: ;
A. Cavada, Chairman
Dr. Maria .isa Garza, Chi
Executive Officer
CHILD ABUSE COUNCIL OF SOUTH TEXAS
CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
WHEREAS, the City of Corpus Christi, (hereinafter called "City"),
desires to support the goals and objectives of the Child Abuse Council of
South Texas, a non-profit corporation organized under the laws of the State
of Texas (hereinafter called "CACST"); and
WHEREAS, the City is desirous of providing safe and sanitary
facilities for the homeless in need of the services provided by the CACST;
and
WHEREAS, CACST is able and desirous of providing services to
individuals who are homeless and in need of assistance in order to be
restored to a healthy, able, productive life; and
WHEREAS, the City is empowered under Article II, Sec. 5 Texas
Constitution, 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
shelter and other services provided by CACST, this City Council finds a
genuine need in the City of Corpus Christi at this time for the provision
of services and that CACST 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 CACST.
I
CITY AGREES•
To provide up to twenty-seven thousand eight hundred dollars ($27,800)
of Emergency Shelter Grant Funds to CACST for essential services ($8,000),
operation and maintenance ($13,800) and for the renovation ($6,000) of the
Shelter (Facilities) which will be renovated in accordance with plans and
specifications approved by the City's Director of Housing and Community
Development (Project).
II
CACST agrees:
2.1 To provide sufficient staff and administrative support to operate
the Emergency Shelter Grant Program (the "Program").
2.2 To provide all labor and administrative support to operate the
Program.
2.3 To manage and maintain safe and sanitary Facilities and to assist
in creating conditions which will promote the general welfare of the
eligible individuals.
2.4 To utilize the Facilities in accordance with HUD's Emergency
Shelter Program Regulations.
2.5 That the monies made available through this Contract will be
utilized to supplement or expand the current services provided by CACST.
2.6 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 $27,800, with the City providing
one half and CACST providing one half.
2.8 To have the responsibility for obtaining and maintaining
certifications and licensing of these facilities as required by the City,
and all other Public Agencies having jurisdiction over the Program.
2.9 That the professional services provided under this Contract will
be supervised by the Board of Directors of the CACST.
2.10 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.
2.11 That it will provide access to its records during regular
business hours for the purposes of City and/or HUD conducted audits or
monitoring.
2.12 That it will provide any information pertinent to this Contract
as the Director of Housing and Community Development may from time to time
request.
2.13 That it will notify the City (within ten days) when the current
scope, funding, staffing or services being provided by the CACST changes
from its current level.
2.14 To have in force throughout the term of this Contract
comprehensive general liability insurance coverage with a personal injury
endorsement in the minimum amount of $500,000 for each occurrence;
$1,000,000 as aggregate liability and $100,000 for property damage arising
out of each accident. The comprehensive general liability shall include a
Contractual Liability endorsement. Said insurance policy shall name the
City as an additional insured. A certificate to that effect will be
provided to the City to be attached to this Contract.
2.15 To have in force throughout the term of this Contract fire and
extended coverage insurance in an amount sufficient to cover the
replacement cost of the Facilities. Said insurance policy shall name the
City as loss payee using a standard loss payee clause. A certificate to
that effect will be provided to the City to be attached to this Contract.
2.16 That the City's Director of Housing and Community Development
shall be given thirty (30) days advance written notice by the insurer prior
to the cancellation, nonrenewal, or material change of the insurance
policies mentioned in paragraphs, 2.14 and 2.15 above. Failure to maintain
such insurance will be cause for the City to take control of the property
and will cancel any claim that CACST may have to the use of the Facilities.
III
THE PARTIES FURTHER AGREE THAT:
3.1 In no event shall the City be liable for any contracts made by
CACST with any person, firm, corporation, association, or governmental
body, other than City itself. A11 of the services required by this
Contract will be performed by CACST, or under its supervision, and all
personnel engaged in such services. It is agreed by the parties hereto
that CACST is an independent contractor providing the services on behalf of
the City and that CACST will not purport to incur debts or obligations on
behalf of the City.
3.2 In no event shall the City be liable for any damages, injuries,
or losses charged to or adjudged against the CACST arising from its
operation, use, or maintenance of the CACST facilities. CACST 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 connection with the negligence of CACST, its agents, employees, or
independent contractors in the performance of this Contract.
3.3 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 CACST, P. 0. Box
3263, Corpus Christi, Texas 78404.
3.4 Nothing herein shall be construed as prohibiting CACST 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 CACST from receiving compensation
therefore from such additional parties, provided that all other terms of
this Contract are fulfilled.
3.5 The term of this Contract shall not exceed twelve (12) months
from the effective date of this Contract.
TV
CACST and the City agree that all funds expended under this Contract
shall be solely for the activities outlined under this Contract and
further;
4.1 CACST 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.
4.2 CACST agrees to comply with any other rule or regulation
promulgated 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.
4.3 During the performance of this Contract, the CACST agrees as
follows:
a. CACST agrees to provide an equal amount of funds to match the
Emergency Shelter Grant funds provided by the City. In
calculating the matching amount CACST may use guidelines provided
in paragraph 576.71 of the Code of Federal Regulations.
b. CACST agrees to maintain the buildings, for which Emergency
Shelter Grant amounts are used for one or more of the eligible
activities described in 576.21 (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. CACST 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. CACST 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.
4.4 To comply with federal requirements governing the use of
Emergency Shelter Grant funds as outlines in paragraph 576.79 of the
federal regulations, CACST 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;
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-122 as they relate to
the acceptance and use of emergency shelter grant amounts by
private, 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;
Requirements relating to conflicts of interest in OMB Circular
A-102 and A-110;
k. Requirements of 24 CFR, Part 24 relating to employment,
engagement of services, awarding of contracts, or funding of any
contractors or subcontractors during 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
unconstitutional 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.
This agreement is effective the day of
1989.
ATTEST: CITY OF CORPUS CHRISTI
By:
Assistant City Secretary Juan Garza, City Manager
APPROVED:
3/5 DAY OF
AIL 7c--
tCrney
, 1989 CHILD ABUSE COUNCIL OF SOUTH TEXAS
By: �/ `4C
ace Rank, President
Assistant City Attorney Anne Chapman, D rector
CHILD.CRT
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
I certify to the City _buncil that $ 30,200 * , the arroimt required for
the contract, a reemont, obligation or expenditures contemplated in the above
and foregoing ordinance is in the Treasury of the City of Corpus Christi to the
credit of:
'Ford No. and. Nrnne -.162 - Federal State Grant Funds
Project C. 162-152-807.49
Project Name Gulf Coast Council of La Raza
from which it. is proposed to be drawn, and such irony is not appropriated for any
other purpose.
%/L , 19'7!
*Contingent upon City Council approval.
of Emergency Shelter Grant 1989-90.
FIN 2-55
Revised 7/31,/69
'L "1C (.
� �/S 7
C. � t1;
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
I certify tc the City Cortical that $ 27,800* , the amount required for
the ontract., ayreemett, obligation or expenditures contemplated in the above
and forcr3oirs:«rdinance is in the Treasury of the City of Corpus Christi to the
credit cf:
'.^und No. and Name 162 - Federal State Grant Funds
Project 1>o, 162-152-807.49
Project Name South Texas Child Abuse Crisis Center
from wiiich it is ptuposed to he drawn, and such money is not appropriated for any
other purse.
*Contingent upon City Council approval.
of Emergency Shelter Grant 1989-90
FIN 2-5±
Revised 7/31/69
II 7 1j
7/2
, 19 bit
99.066.01
Corpus Christi, Texas
day of � i ii Il J '�
The above resolution was passed by the following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero : {
Tom Hunt
Edward A. Martin
Joe McComb
Clif Moss
Mary Rhodes
Frank Schwing, Jr.
20743
, 181