Loading...
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