HomeMy WebLinkAbout021192 RES - 07/16/1991A RESOLUTION
APPROPRIATING THE FY 1991 EMERGENCY SHELTER GRANT OF $89,000
AND ALLOCATING $55,000 TO CORPUS CHRISTI METRO MINISTRIES;
$30,000 TO DOS MUNDOS DAY CARE SCHOOL; AND $4,000 FOR
ADMINISTRATION OF THE PROGRAM AND AUTHORIZING EXECUTION OF
THE AGREEMENTS WITH THESE ORGANIZATIONS WHEN THE REQUEST FOR
RELEASE OF FUNDS AND CERTIFICATION OF COMPLIANCE WITH
ENVIRONMENTAL REGULATIONS HAVE BEEN APPROVED BY THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That there is hereby appropriated the FY 1991
Emergency Shelter Grant of $89,000 and allocating $55,000 to Corpus
Christi Metro Ministries; $30,000 to Dos Mundos Day Care School; and
$4,000 for administration of the program.
SECTION 2. That the City Manager is hereby authorized to
execute agreements with these organizations when the Request for
Release of Funds and Certification of Compliance with environmental
regulations have been approved by the Department of Housing and Urban
Development (HUD), substantial copies of said agreements being
attached hereto as Exhibits A and B respectively.
City Secretary
APPROVED: S DAY OF
JAMES R. BRAY, JR., CITY ATTORNEY
Bye LL4- 1:.t t1�
Assistant City Attorney v
MISC:91149 skp
19
THE CITY.* CORPUS CHRISTI
MICROFILMED
CORPUS CHRISTI METRO MINISTRIES, INC.
AGREEMENT
THE STATE OF TEXAS KNOWN ALL BY THESE PRESENTS:
COUNTY OF NUECES
THIS AGREEMENT, made and entered into by the City of Corpus Christi,
Texas, a municipal corporation, hereinafter called "City" and Corpus
Christi Metro Ministries, Inc., hereinafter called "Subrecipient": and
WITNESSETH
WHEREAS, the City is desirous of providing appropriate support
services to persons who are homeless to include decent, safe, and sanitary
shelter, medical assistance, counseling, supervision, and other services
essential for achieving independent living; and
WHEREAS, Subrecipient is able and desirous of providing the
appropriate support services to persons who are homeless and in need of
assistance in order to improve the quality of their lives; and
WHEREAS, the City is desirous of providing services which promote the
public welfare, health, and safety and there being a genuine need for these
services and for appropriate facilities to provide such services in the
city:
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE COVENANTS, TERMS AND
UNDERTAKINGS EXPRESSED, WITNESS THIS AGREEMENT entered into between the
City and Subrecipient.
I
CITY AGREES:
To provide Subrecipient up to fifty-five thousand dollars ($55,000) of
Emergency Shelter Grant Funds on a reimbursement basis: Such funds include
forty-four thousand three hundred dollars ($44,300) to assist with the cost
of operations and maintenance at the shelters; and ten thousand seven
hundred dollars ($10,700) to assist with the cost of providing child care,
health care services, employment and/or benefit, and assistance counseling
to the homeless.
•
R
II
SUBRECIPIENT AGREES TO:
2.1 Provide sufficient staff and administrative support to carry out
the proposed activities, supervise the delivery of services to homeless
persons, and that professional services provided will be supervised by the
Subrecipient's Board of Directors;
2.2 Utilize the facilities and provide services in accordance with
HUD's Emergency Shelter Program regulations 24 CFR Part 576;
2.3 Bill the City on a cost certified basis for only those activities
as specified in this Agreement which are matched on a dollar for dollar
basis in accordance to regulation 24 CFR Part 576.71;
2.4 Obtain and maintain any permits, certificates, and licenses that
are required of the proposed activities, the facility and the services
offered therein by the State of Texas and any other agencies having
regulatory jurisdiction over the facility or services;
2.5 To adhere to the procurement policies and procedures as set forth
in OMB Circular #A-110 Section 0;
2.6 Provide a schedule of costs of completion for the various aspects
of the work immediately after award of contracts pursuant to this
Agreement. Progress payments shall be made based upon the schedule of
completion and submittal of appropriate invoices documenting the work
completed;
2.7 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 upon request by the City;
2.8 Provide access to all records, documents, reports, or audits
regarding the funded activities during regular business hours for the
purpose of City and/or HUD conducted audits or monitoring;
2.9 Provide any information pertinent to this Agreement as the
Director of Housing and Community Development may from time to time
request;
2.10 Notify the City within ten days when the scope, funding, staffing
or services being provided by the Subrecipient changes from its current
level;
2.11 Have in force throughout the term of this Agreement comprehensive
general liability insurance coverage with a personal injury endorsement in
the minimum amount of five hundred thousand dollars ($500,000) for each
occurrence; one million dollars ($1,000,000) as aggregate liability and one
hundred thousand dollars ($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
2
City as an additional insured. A certificate to that effect will be
provided to the City to be attached to this Agreement. Copies of all
insurance policies will be promptly provided upon City's written request;
2.12 Provide the Director of Housing and Community Development
thirty (30) days advance written notice by
cancellation, nonrenewal, or material change
mentioned in paragraph, 2.11 above. Failure
shall be reason to terminate this Agreement
Manager;
the insurer prior to the
of the insurance policies
to maintain such insurance
as the option of the City
2.13 Expend all funds solely for the activities described under this
Agreement. Subrecipient shall reimburse the City for all funds expended on
activities not authorized under this Agreement.
III
THE PARTIES FURTHER AGREE THAT:
3.1 The term of this Agreement shall be from the date of execution
hereof through March 17, 1993;
3.2 ]n no event shall the City be liable for any contracts made by
Subrecipient with any person, firm, corporation, association, or
governmental body. All of the services required by this Agreement will be
performed by Subrecipient, or under its supervision, and all personnel
engaged in such services. It is agreed by the parties hereto that
Subrecipient is an independent contractor providing the services on behalf
of the City and that Subrecipient will not purport to incur debts or
obligations 6n behalf of the City;
3.,3 In no event shall the City be liable for any damages, injuries,
or losses charged to or adjudged against the Subrecipient arising from its
operation, use, or maintenance of Subrecipient's facilities. Subrecipient
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 in connection with the negligence of Subrecipient, its
agents, employees, or independent contractors in the performance of this
Agreement;
3.4 Either party may terminate this Agreement 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, or to Corpus Christi
Metro Ministries, Inc., 1919 Leopard, Corpus Christi, TX 78408-3921.
3.5 Nothing herein shall be construed as prohibiting Subrecipient
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 Subrecipient from receiving
compensation therefore from such additional parties, provided that all
other terms of this Agreement are fulfilled;
3
IV
SUBRECIPIENT FURTHER AGREES TO COMPLY WITH THE FOLLOWING PROGRAM AND
FEDERAL REQUIREMENTS:
4.1 Matching fund requirements as set forth in 24 CFR Part 576.71 (a)
and (b) and which must be from sources other than the Emergency Shelter
Grant Program;
4.2 Building use requirements as set forth at 24 CFR Part 576.73;
4.3 Building safety and sanitation requirements as set forth at 24
CFR Part 576.75;
4.4 Support service assistance requirements as set forth at 24 CFR
Part 576.77;
4.5 Nondiscrimination and Equal Opportunity requirements as set forth
at 24 CFR Part 576.79 (a);
4.6 The policies, guidelines and requirements of OMB Circulars NOS.
A-110 and A-122 as set forth at 576.79 (b);
4.7 Lead-based paint requirements as set forth at 24 CFR Part 576.79
(c);
4.8 Conflict of interest requirements as set forth at 24 CFR Part
576.79 (d);
4.9 Use of debarred, suspended, or ineligible contractors
requirements as set forth at 24 CFR Part 576.79 (e);
4.10 Flood Insurance requirements as set forth at 24 CFR Part 576.79
(f);
4.11 Drug free work place Act of 1988 requirements as set forth at 24
CFR Part 576.79 (h);
4.12 The audit and intergovernmental review requirements as set forth
at 24 CFR Part 576.79 (i) and (j);
4.13 The relocation and acquisition requirement as set forth at 24 CFR
Part 576.80;
4.14 The policies, guidelines, and requirements of the Emergency
Shelter -Grant Program as set forth of 24 CFR Part 576;
V
If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this Agreement 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 Agreement, for it is the definite intent
4
of the parties hereto that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its
purpose.
Notwithstanding any other provisions hereof should Subrecipient breach
any section or provision this Agreement including without limitation the
failure to pay taxes, assessments and other government charges, the sole
remedy for said breach shall be the repayment by Subrecipient of the funds
advanced hereto.
This agreement is effective the day of , 1991.
ATTEST: CITY OF CORPUS CHRISTI
By:
Armando Chapa, City Secretary Juan Garza, City Manager
APPROVED:
5 day of gtx-u-i , 1991
Jimmy Bray, City Attorney
A
By: , h (1 IP, n ')(7 �tJ
Assistant City Attorney '
CORPUS CHRISTI METRO MINISTRIES,
INC.
sident, Board
DOS MUNDOS DAY SCHOOL AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
§
KNOW ALL BY THESE PRESENTS:
THIS AGREEMENT, made and entered into by the City of
Corpus Christi, Texas, a municipal corporation, hereinafter
called "City" and Dos Mundos Day School hereinafter called
"Subrecipient": and
WITNESSETH
WHEREAS, the City is desirous of providing appropriate
support services to persons who are homeless to include
decent, safe, and sanitary shelter, medical assistance,
counseling, supervision, and other services essential for
achieving independent living; and
WHEREAS, Subrecipient is able and desirous of providing
the appropriate support services to persons who are homeless
and in need of assistance in order to improve the quality of
their lives; and
WHEREAS, the City is desirous of providing services which
promote the public welfare, health, and safety and there being
a genuine need for these services and for appropriate
facilities to provide such services in the city:
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE COVENANTS,
TERMS AND UNDERTAKINGS EXPRESSED, WITNESS THIS AGREEMENT
entered into between the City and Subrecipient.
I
CITY AGREES:
To provide Subrecipient up to thirty thousand dollars
($30,000) of Emergency Shelter Grant Funds on a reimbursement
basis: Such funds include sixteen thousand dollars ($16,000)
to provide child care, transportation, and two meals with a
snack to homeless children (ages 0-13) referred by local
emergency shelters at the rate of thirteen dollars ($13) per
day for preschoolers and older and fourteen dollars ($14) for
infants; seven thousand five hundred dollars ($7,500) for
improvements to the facility's air conditioning and heating
system and for rewiring of the electrical system; six thousand
five hundred dollars ($6,500) to purchase furniture and
essential supplies (cribs, highchairs, bedsheets, infant
formula, diapers, etc.) for the infant/toddler program.
-1-
comprehensive general liability insurance coverage with a
personal injury endorsement in the minimum amount of five
hundred thousand dollars ($500,000) for each occurrence;
five hundred thousand dollars ($500,000) as aggregate
liability and one hundred thousand dollars ($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 Agreement.
Copies ofiall insurance policies will be promptly provided
upon City's written request;
2.12 Provide the Director of Housing and Community
Development thirty (30) days advance written notice by the
insurer prior to the cancellation, nonrenewal, or material
change of the insurance policies mentioned in paragraph, 2.11
above. Failure to maintain such insurance shall be reason to
terminate this Agreement as the option of the City Manager;
2.13 Expend all funds solely for the activities described
under this Agreement. Subrecipient shall reimburse the City
for all funds expended on activities not authorized under this
Agreement.
11i
THE PARTIES FURTHER AGREE THAT:
3.1 The term of this Agreement shall be from the date of
execution hereof through March 17, 1993;
3.2 In no event shall the City be liable for any
contracts made by Subrecipient with any person, firm,
corporation, association, or governmental body. All of the
services required by this Agreement will be performed by
Subrecipient, or under its supervision, and all personnel
engaged in such services. It is agreed by the parties hereto
that Subrecipient is an independent contractor providing the
services on behalf of the City and that Subrecipient will not
purport to incur debts or obligations on behalf of the City;
3.3 In no event shall the City be liable for any damages,
injuries, or losses charged to or adjudged against the
Subrecipient arising from its operation, use, or maintenance
of Subrecipient's facilities. Subrecipient 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 in connection with
the negligence of Subrecipient, its agents, employees, or
independent contractors in the performance of this Agreement;
3.4 Either party may terminate this Agreement as of the
-3-
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. O. Box 9277, Corpus Christi, Texas 78469, or to Dos Mundos
Day School, 849 Erwin, P.O. Box 4230, Corpus Christi, TX
78469.
3.5 Nothing herein shall be construed as prohibiting
Subrecipient 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 Subrecipient from receiving
compensation therefore from such additional parties, provided
that all other terms of this Agreement are fulfilled;
IV
SUBRECIPIENT FURTHER AGREES TO COMPLY WITH THE FOLLOWING
PROGRAM AND FEDERAL REQUIREMENTS:
4.1 Matching fund requirements as set forth in 24 CFR
Part 576.71 (a) and (b) and which must be from non -Emergency
Grant Shelter source;
4.2 Building use requirements as set forth at 24 CFR Part
576.73;
4.3 Building safety and sanitation requirements as set
forth at 24 CFR Part 576.75;
4.4 Support service assistance requirements as set forth
at 24 CFR Part 576.77;
4.5 Nondiscrimination and Equal Opportunity requirements
as set forth at 24 CFR Part 576.79 (a);
4.6 The policies, guidelines and requirements of OMB
Circular NOS. A-110 and A-122 as set forth at 576.79 (b);
4.7 Lead-based paint requirements as set forth at 24 CFR
Part 576.79 (c);
4.8 Conflict of interest requirements as set forth at 24
CFR Part 576.79 (d);
4.9 Use of debarred, suspended, or ineligible contractors
requirements as set forth at 24 CFR Part 576.79 (e);
4.10 Flood Insurance requirements as set forth at 24 CFR
Part 576.79 (f);
4.11 Drug free work place Act of 1988 requirements as set
forth at 24 CFR Part 576.79 (h);
-4-
4.12 The audit and intergovernmental review requirements
as set forth at 24 CFR Part 576.79 (i) and (j);
4.13 The relocation and acquisition requirement as set
forth at 24 CFR Part 576.80;
4.14 The policies, guidelines, and requirements of the
Emergency Shelter Grant Program as set forth of 21 CFR Part
576;
V
If for any reason any section, paragraph, subdivision,
clause, phrase, word or provision of this Agreement 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 Agreement, 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.
Notwithstanding any other provisions hereof should
Subrecipient breach any section or provision this Agreement
including without limitation the failure to pay taxes,
assessments and other government charges, the sole remedy for
said breach shall be the repayment by Subrecipient of the
funds advanced hereto.
This agreement is effective this day
of , 1991.
ATTEST: CIT:' OF CORPUS CHRISTI
By:
Armando Chapa, City Secretary Juan Garza, City Manager
APPROVED:
`, day Cu;.<, , 1991
James R. Bray; City Attorney
By: '-1iAt,,T '. • Hu;'(R5
Assistant City Attorney
ESG1
esgdm9l.agr
-5-
DOS MUNDOS DAY SCHOOL
By:
(1.11
Linda Kubena, resident
Board of Directors
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
June 21, 1991
I certify to the City Council that $ 89.000* , the auuunt 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
Project No.
Pr3ject Name
162 -Federal Grant Funds
162-152-807.51
1991-92 Emergency Shelter Grant Prngram
frcxu which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
*Contingent upon City Council
approval of Emergency Shelter Grant
1991-92.
Atvi 44-4
FIN 2-55
Revised 7/31/69
G!37 ,19�I
Director o± Finance
Corpus Christi, Texas
/‘, , , day of
19 9/
The above resolution was passed by the following vote:
Mary Rhodes
�v
Cezar Galindo
Leo Guerrero
Betty Jean Longoria t, C. -
Edward A. Martin
Joe McComb C—
Dr. David McNichols (
Clif Moss
Mary Pat Slavik L
066