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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