HomeMy WebLinkAbout021396 ORD - 05/19/1992AN ORDINANCE
AUTHORIZING THE EXECUTION OF THREE (3) EMERGENCY SHELTER GRANT
AGREEMENTS, ONE WITH WOMEN'S SHELTER OF THE CORPUS CHRISTI
AREA, INC., ONE WITH CORPUS CHRISTI METRO MINISTRIES, AND ONE WITH
DOS MUNDOS DAY CARE SCHOOL, ONCE 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); APPROPRIATING THE FY 1992
EMERGENCY SHELTER GRANT OF $89,000 AND ALLOCATING $35,800 TO
CORPUS CHRISTI METRO MINISTRIES, $29,850 TO DOS MUNDOS DAY CARE
SCHOOL, AND $23,350 TO THE WOMEN'S SHELTER OF THE CORPUS CHRISTI
AREA, INC; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager or his designee is hereby authorized to execute
three (3) emergency shelter grant agreements, one with Women's Shelter of the Corpus Christi
Area, Inc., one with Corpus Christi Metro Ministries, and one with Dos Mundos Day Care School,
once 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),
all as more fully set forth in the agreements, substantial copies of which are attached hereto and
made a part hereof, marked Exhibits "A," "B," and "C."
SECTION 2. That there is hereby appropriated the FY 1992 Emergency Shelter
Grant of $89,000 and allocating $35,800 to Corpus Christi Metro Ministries, $29,850 to Dos
Mundos Day Care School, and $23,350 to the Women's Shelter of the Corpus Christi Area, Inc.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, to find and declare an emergency due to the need for immediate action necessary for the
efficient and effective administration of City affairs, such finding of an emergency is made and
declared requiring suspension of the Charter rule as to consideration and voting upon ordinances
AG5000.153.kp
021326
MICROFILMED
at three regular meetings so that this ordinance is passed and shall take effect upon first reading
as an emergency measure this the 19 day of , 1992.
ATTEST:
City Secretary
MAYOR
THE CITY CORPUS CHRISTI
APPROVED: /0 DAY OF v-11 , 1992
JAMES R. BRAY JR., CITY ATTORNEY
CLE'- g.cc-aLef
Assistant City Attorney
By:
AG5000.153.kp
WOMEN'S SHELTER OF THE CORPUS CHRISTI AREA, INC. 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 Women's Shelter of the Corpus Christi Area, 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 twenty-three thousand three
hundred fifty dollars ($23,350) of Emergency Shelter Grant Funds on
a reimbursement basis: Such funds include thirteen thousand three
hundred fifty dollars ($13,350) for Essential Services such as
mental health counseling and support group services, children's
services, employer intervention, legal and other advocacy services,
assistance with obtaining community resources for substance abuse
treatment, employment„ education, child care, housing, and food
assistance. In addition, safe refuge provided there is space
availability for adult women and their children. Salaries for the
provision of Essential Services and program supplies. Ten thousand
($10,000) to assist in maintaining and operating the Emergency
Shelter. Payments will aid in utilities/electric, plumbing
repairs, air conditioning upkeep and repairs, building insurance,
building and yard maintenance, contracted security services and
additional furnishings.
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 and which are matched on
a dollar -for -dollar basis in accordance to regulation 24 CFR Part
576.71. Matching funds support documentation must be provided with
each invoice;
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 qA-110 Section 0;
2.6 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;
2.7 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;
2.8 Provide any information pertinent to this Agreement as
the Director of Housing and Community Development may from time to
time request;
2.9 Notify the City within ten days when the scope, funding,
staffing or services being provided by the Subrecipient changes
from its current level;
-2-
2.10 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; 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 of all insurance policies will be promptly
provided upon City's written request;
2.11 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;
2.12 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 February 18, 1994;
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-
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. O. Box 9277, Corpus Christi,
Texas 78469, or to Women's Shelter, P.O. Box 3368, Corpus Christi,
TX 78463.
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
Circular
4.7
Part 576
4.8
Part 576
The policies, guidelines and requirements of OMB
NOS. A-110 and A-122 as set forth at 576.79 (b);
Lead-based paint requirements as set forth at 24 CFR
. 79 (c);
Conflict of interest requirements as set forth at 24 CFR
. 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-
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 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-
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 C' day
of 1992.
ATTEST: CITY OF CORPUS CHRISTI
By:
Armando Chapa, City Secretary Juan Garza, City Manager
APPROVED:
10 day, 1992
James R. Bray, Ci y Attorney
By: / t LL42 k �J l Ci F ECcuI
Assistant City Attorney
By:
esti
esgws92.agr
WOMEN'S SHELTER OF CORPUS CHRISTI
AREA, INC.
Sandra Larson d
Executive Director
b'.rp,t.
Jane We b, President
-6-
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 thirty-five thousand eight
hundred dollars ($35,800) of Emergency Shelter Grant Funds on a
reimbursement basis to assist with the cost of operations and
maintenance at the shelters.
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;
-1-
atia Ur
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 and which are matched on
a dollar -for -dollar basis in accordance to regulation 24 CFR Part
576.71. Matching funds support documentation must be provided with
each invoice;
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 No. A-110 Section 0;
2.6 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;
2.7 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;
2.8 Provide any information pertinent to this Agreement as
the Director of Housing and Community Development may from time to
time request;
2.9 Notify the City within ten days when the scope, funding,
staffing or services being provided by the Subrecipient changes
from its current level;
2.10 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 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-
2.11 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;
2.12 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 February 18, 1994;
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 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-
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
PROGRAM AND FEDERAL REQUIREMENTS:
4.1 Matching fund requirements
576.71 (a) and (b) and which must be
Emergency Shelter Grant Program;
4.2 Building use requirements
576.73;
COMPLY WITH THE
as set forth
from sources
as set forth
FOLLOWING
in 24 CFR Part
other than the
at 24 CFR Part
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-
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 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.
1992.
This agreement is effective the day of
ATTEST: CITY OF CORPUS CHRISTI
By:
Armando Chapa, City Secretary Juan Garza, City Manager
APPROVED:
/U day of1.LL4 " , 1992
James R. Bray, Cit Attorney
BY: / Lt.x .Glt j
Assistant (city Attorne
ESGI
.rmm92.aar
CORPU
By:
-5-
INISTRIES, INC.
Edwar• B. Se-•er;
Execuitive Di ctor
Col. Victor Pen -1, USA (Ret.)
President, Board of Directors
DOS MUNDOS DAY SCHOOL AGREEMENT
THE STATE OF TEXAS §
KNOW 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 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 twenty-nine thousand eight
hundred fifty dollars ($29,850) of Emergency Shelter Grant Funds on
a reimbursement basis: Such funds include thirteen thousand three
hundred fifty dollars ($13,350) 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
fourteen dollars ($14) per day for preschoolers and older and
fifteen dollars ($15) for infants; ten thousand dollars ($10,000)
for the purchase of a new dishwasher/AC unit and update the crucial
insulation and wiring on all refrigerator and freezer units; six
thousand five hundred dollars ($6,500) for partial payment of
maintenance, operation, insurance and utilities.
-1-
64414 'e "
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 and which are matched on
a dollar -for -dollar basis in accordance to regulation 24 CFR Part
576.71. Matching funds support documentation must be provided with
each invoice;
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-
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; 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 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 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.
III
THE PARTIES FURTHER AGREE THAT:
3.1 The term of this Agreement shall be from the date of
execution hereof through February 18, 1994;
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-
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. 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-
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 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 , 1992.
ATTEST: CITY OF CORPUS CHRISTI
By:
Armando Chapa, City Secretary Juan Garza, City Manager
APPROVED:
hO day , 1992
James R. Bray, CityJAttorney
By:[6'* {CUUCx-
Assistant City Attorney V
ESG1-esgdm92.agr
-5-
By:
OS DA
HOOL
Linda Kubena,
Board of Directors
resident
CORPUS CHRISTI, TEXAS
day of
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS:
For the reasons set forth in the emergency clause of the foregoing ordinance an emergency
exists requiring suspension of the Charter rule as to consideration and voting upon
ordinances at three regular meetings; I/we, therefore, request that you suspend said Charter
rule and pass this ordinance finally on the date it is introduced, or at the present meeting
of the City Council.
Respectfully, Respectfully,
COUNCILMEMBERS
MAYOR
THE CITY OFCORPUS CHRISTI
The above ordinance was passed by the following vote:
i
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
f
021396
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article 1V Section 21)
May 6, 1992
I certify to the City Council that $ 89,000* , 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 Grant Funds
Project No. 162-152-807.52
Project Name FY92 Emergency Shelter Grant Program
(ESG)
frau which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
*Contingent upon City Council
approval of the FY92 ESG Program.
14/
Lact
, 19
Director of Finance
4e -silk, $9,000
FIN 2-55
Revised 7/31/69