HomeMy WebLinkAbout021659 ORD - 05/25/1993AN ORDINANCE
APPROPRIATING THE FY 1993 EMERGENCY SHELTER GRANT OF
$60,000 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT; ALLOCATING $24,130 TO CORPUS CHRISTI METRO
MINISTRIES, $20,120 TO DOS MUNDOS DAY CARE SCHOOL, AND
$15,750 TO THE WOMEN'S SHELTER OF THE CORPUS CHRISTI
AREA, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE
SUBRECIPIENT AGREEMENTS WITH THESE ORGANIZATIONS; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the FY 1993 Emergency Shelter Grants Funds in the amount of
$60,000.00 are hereby appropriated and allocated as follows:
1. That $24,130.00 is hereby appropriated and allocated to Corpus Christi Metro
Ministries;
2. That $20,120.00 is hereby appropriated and allocated to Dos Mundos Day
Care School; and
3. That $15,750.00 is hereby appropriated and allocated to the Women's Shelter
of the Corpus Christi Area, Inc.
SECTION 2. That the City Manager is hereby authorized to execute individual
Subrecipient Agreements with:
1. The Corpus Christi Metro Ministries for the administration of Emergency
Shelter Grants Funds from the U.S. Department of Housing and Urban Development, all
as more fully set forth in the Agreement, a substantial copy of which is attached hereto and
made a part hereof for all purposes, marked Exhibit "A."
2. The Dos Mundos Day Care Center School for the administration of
Emergency Shelter Grants Funds from the U.S. Department of Housing and Urban
Development, all as more fully set forth in the Agreement, a substantial copy of which is
attached hereto and made a part hereof for all purposes, marked Exhibit "B."
3. The Women's Shelter of the Corpus Christi Area, Inc., for the administration
of Emergency Shelter Grant; Funds from the U.S. Department of Housing and Urban
Development, all as more fully set forth in the Agreement, a substantial copy of which is
attached hereto and made a part hereof for all purposes, marked Exhibit "C."
93NH1489.004.ak
021659
2
SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word or provision hereof by given full force and effect for its purpose.
SECTION 4. That upon written request of the Mayor or five Council members, copy
attached, to find and declare an 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 at two regular meetings so that this ordinance
is passed and shall take effect upon first reading as an emergency measure this the 7
day of 1v'c ,, , 199P
SECTION 5. Publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
ATTEST:
APPROVED THIS THE 4TH DAY
OF MAY 1993
JAMES R. BRAY, JR.
CITY ATTORNEY
By
Norbert J. H
93NH1489.004.ak
7
Assistant Cit ttorney
MAYOR
THE CITY 0 CORPUS CHRISTI
Corpus Christi, Texas
G
1 ) day of Nau�
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 two 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,
Council Members
The above ordinance was
Mary Rhodes
Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
Edward A. Martin
Dr. David McNichols
David Noyola
Clif Moss
\forms\045
MAYOR
THE CITY 0 CORPUS CHRISTI
passed by the following vote:
CIVV
i
021659
O1
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS 7
(City Charter Article IV Section $)
May 6, 1993
I certify to the City Council that $ 60,000* , 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 Nacre
162 - Federal Grant Funds
Project No. 162-152-807.53
Project Naire FY93 Emergency Shelter Grant Prngram
(ESG)
frown which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
*Contingent upon City Council
approval of the FY93 ESG Program.
441las
TIK
FIN 2-55
Revised 7/31/69
/021/, 19 93
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 twenty-four thousand one hundred
thirty dollars ($24,130) of Emergency Shelter Grants (ESG) 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 provide supervision of
professional services by the Subrecipient's Board of Directors;
2.2 Utilize the facilities and provide services in accordance
-1-
with HUD's Emergency Shelter Grants 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 §
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 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;
2.11 Provide the Director of Community Development thirty
(30) days advance written notice by the insurer prior to the
cancellation, nonrenewal, or material change of the insurance
-2-
policies mentioned in paragraph 2.10 above. Failure to maintain
such insurance shall be reason to terminate this Agreement at 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 City provided ESG 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 4, 1995;
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. 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.
3.5 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-
3.6 Changes and Amendments. Modifications to this Agreement
shall not be effective unless signed by a duly authorized
representative of all parties hereto. Modifications which do not
change the essential scope and purpose of the Agreement may be
approved on behalf of the City by the City Manager.
IV
SUBRECIPIENT FURTHER AGREES TO COMPLY WITH THE FOLLOWING
PROGRAM AND FEDERAL REQUIREMENTS:
4.1 Matching fund requirements as set forth in 24 CFR §
576.71 (a) and (b) which state that matching funds must be from
sources other than the Emergency Shelter Grants Program;
4.2
576.73;
Building use requirements as set forth at 24 CFR §
4.3 Building safety
at 24 CFR § 576.75;
4.4 Support service
24 CFR § 576.77;
and sanitation requirements as set forth
assistance requirements as set forth at
4.5 Nondiscrimination and Equal Opportunity requirements as
set forth in the Fair Housing Act, 42 U.S.C. 3601-3620, as amended
and 24 CFR Part 100; Executive Order 11063 and 24 CFR Part 107;
Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d and 24
CFR Part 1, the Age Discriminmation Act of 1975, 42 U.S.0 6101-
6107; and 24 CFR Part 146; Section 504 of the Rehabilitation Act of
1973, 29 U.S.C. 794 and 24 CFR Part 8; Executive Order 11246 and 41
CFR Chapter 60; the Housing and Urban Development Act of 1968, 12
U.S.C. 1701u and 24 CFR § 570.607(b); Executive Orders 11629, 12432
and 12138; 24 CFR § 576.79;
4.6 The policies, guidelines and requirements as to use of
ESG funds set forth in 24 CFR Part 85 and OMB Circulars A-110 and
A-122;
4.7 Lead-based paint requirements as set forth in the Lead -
Based Paint Poisoning Prevention Act, 42 U.S.C. 4821-4846 as
amended and at 24 CFR Part 35;
4.8 Conflict of interest requirements as set forth in OMB
Circulars A-102 and A-110 and at 24 CFR § 570.611;
4.9 Regulations as to use of debarred, suspended, or
ineligible contractors set forth at 24 CFR Part 24;
4.10 Flood Insurance requirements as set forth at 24 CFR §
576.79 (f);
-4-
4.11 Drug free work place Act of 1988 requirements as set
forth at 24 CFR Part 24, Subpart F;
4.12 The audit and intergovernmental review requirements as
set forth at 24 CFR Part 44 and OMB Circular A-110, and Executive
Order 12372 and 24 CFR Part 52;
4.13 The relocation and acquisition requirement as set forth
at 24 CFR § 576.80 and 49 CFR Part 24;
4.14 The policies, guidelines, and requirements of the
Emergency Shelter Grants Program as set forth in 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 the day of
1993.
ATTEST:
CITY OF CORPUS CHRISTI
By:
Armando Chapa, City Secretary Juan Garza, City Manager
APPROVED:
fc&day rne
James R. Brayray,, Attorney
By:
PSG-ccmmesg.agr
Attorney
CORPU
By:
ST
MINISTRIES, INC.
Edward B. Seeger
Executive Direct•r
John D. Chesshir
President, Board
of DirOctors
1
cc?) \\ P
-6-
SUMMARY OF PROPOSED ESG
CORPUS CHRISTI METRO MINISTRIES AGREEMENT
I. ALLOCATION/PURPOSE
1993 Emergency Shelter Grant Program - $24,130
A. $24,130 - to help defray the cost of operating and
maintaining the Emergency Shelters. (Operation/
Maintenance)
II. TERMS
A. From the date of execution through March 4, 1995.
B. Corpus Christi Metro Ministries to provide a dollar -for -
dollar match from sources other than the Emergency
Shelter Grant Program.
ESG
=annlus..sr
DOS RONDOS 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 twenty thousand one hundred
twenty dollars ($20,120) of Emergency Shelter Grants (ESG) Funds
on a reimbursement basis: Such funds include ten thousand dollars
($10,000) 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 fourteen dollars ($14) per day
for preschoolers and older and fifteen dollars ($15) for infants;
ten thousand one hundred twenty ($10,120) for partial payment of
maintenance, operation, insurance and utilities.
II
SUBRECIPIENT AGREES TO:
2.1 Provide sufficient staff and administrative support to
carry out the proposed activities, supervise the delivery of
-1-
services to homeless persons, and provide supervision of
professional services by the Subrecipient's Board of Directors;
2.2 Utilize the facilities and provide services in accordance
with HUD's Emergency Shelter Grants 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 §
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 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 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; 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-
T
2.11 Provide the Director of 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 2.10 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 City provided ESG 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 4, 1995;
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. 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. O. Box 9277, Corpus Christi,
Texas 78469, or to Dos Mundos Day School, 849 Erwin, P.O. Box
4230, Corpus Christi, TX 78469.
-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;
3.6 Changes and Amendments. Modifications to this Agreement
shall not be effective unless signed by a duly authorized
representative of all parties hereto. Modifications which do not
change the essential scope and purpose of the Agreement may be
approved on behalf of the City by the City Manager.
IV
SUBRECIPIENT FURTHER AGREES TO COMPLY WITH THE FOLLOWING
PROGRAM AND FEDERAL REQUIREMENTS:
4.1 Matching fund requirements as set forth in 24 CFR §
576.71 (a) and (b) which state that matching funds must be from
sources other than the Emergency Shelter Grants Program;
4.2 Building use requirements as set forth at 24 CFR §
576.73;
4.3 Building safety and sanitation requirements as set forth
at 24 CFR § 576.75;
4.4 Support service assistance requirements as set forth at
24 CFR § 576.77;
4.5 Nondiscrimination and Equal Opportunity requirements as
set forth in the Fair Housing Act, 42 U.S.C. 3601-3620, as amended
and 24 CFR Part 146; Section 504 of the Rehabilitation Act of 1973,
29 U.S.C. 794 and 24 CFR Part 8; Executive Order 11246 and 41 CFR
Chapter 60; the Housing and Urban Development Act of 1968, 12
U.S.C. 1701 u and 24 CFR § 570.607(b); Executive orders 11629,
12432 and 12138; 24 CFR § 576.79; and 24 CFR Part 100; Executive
Order 11063 and 24 CFR Part 107; Title VI of the Civil Rights Act
of 1964, 42 U.S.C. 20000d and 24 CFR Part 1, the Age
Discriminmation Act of 1975, 42 U.S.0 6101-6107;
4.6 The policies, guidelines and requirements as to use of
ESG funds set forth in 24 CFR Part 85 and OMB Circulars A-110 and
A-122;
4.7 Lead-based paint requirements as set forth in the Lead -
Based Paint Poisoning Prevention Act, 42 U.S.C. 4821-4846 as
amended and at 24 CFR Part 35;
-4-
4.8 Conflict of interest requirements as set forth in OMB
Circulars A-102 and A-110 and at 24 CFR § 570.611;
4.9 Regulations as to use of debarred, suspended, or
ineligible contractors set forth at 24 CFR Part 24;
4.10 Flood Insurance requirements as set forth at 24 CFR §
576.79 (f);
4.11 Drug free work place Act of 1988 requirements as set
forth at 24 CFR Part 24, Subpart F;
4.12 The audit and intergovernmental review requirements as
set forth at 24 CFR Part 44 and OMB Circular A-110, and Executive
Order 12372 and 24 CFR Part 52;
4.13 The relocation and acquisition requirement as set forth
at 24 CFR § 576.80 and 49 CFR Part 24;
4.14 The policies, guidelines, and requirements of the
Emergency Shelter Grants Program as set forth in 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 day
of , 1993.
ATTEST: CITY OF CORPUS CHRISTI
By:
Armando Chapa, City Secretary
APPROVED:
„ai day � , 1993
James R. Bray, ttorney
By:a.
Assistant City
i
ESO-dsmunea¢.,¢r
toter ey
-6-
By:
By:
Juan Garza, City Manager
DOS MUNDOS DAY CHOOL
L da Wright, P.'sident
Board of Di ectors
der, Director
SUMMARY OF PROPOSED ESG
DOS MUNDOS DAY SCHOOL AGREEMENT
I. ALLOCATION/PURPOSE
1993 Emergency Shelter Grant Program - $20,120
A. $10,000 to provide child care to homeless children (ages
0-13) referred by local emergency shelters (Essential
Services)
B. $10,120 to help defray the cost of operating an
infant/toddler program (Operation/Maintenance)
II. TERMS
A. From the date of execution through March 4, 1995.
B. Dos Mundos must provide a dollar -for -dollar match from
sources other than the Emergency Shelter Grant Program.
PSO
demunesg.egr
-7-
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 fifteen thousand seven hundred
fifty dollars ($15,750) of Emergency Shelter Grants (ESG) Funds on
a reimbursement basis: Such funds include eight thousand dollars
($8,000) 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 is available provided there is space for
adult women and their children. Salaries for the provision of
Essential Services and program supplies. Seven thousand seven
hundred fifty dollars ($7,750) to assist in maintaining and
operating the Emergency Shelter. Payments will aid in
utilities/electric, plumbing repairs, air conditioning upkeep and
-1-
7
filiaatc
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 provide supervision of
professional services by the Subrecipient's Board of Directors;
2.2 Utilize the facilities and provide services in accordance
with HUD's Emergency Shelter Grants 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 §
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 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 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;
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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 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 2.10 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 City provided ESG 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 4, 1995;
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. 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;
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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;
3.6 Changes and Amendments. Modifications to this Agreement
shall not be effective unless signed by a duly authorized
representative of all parties hereto. Modifications which do not
change the essential scope and purpose of the Agreement may be
approved on behalf of the City by the City Manager.
IV
SUBRECIPIENT FURTHER AGREES TO COMPLY WITH THE FOLLOWING
PROGRAM AND FEDERAL REQUIREMENTS:
4.1 Matching fund requirements as set forth in 24 CFR $
576.71 (a) and (b) which state that matching funds must be from
sources other than the Emergency Shelter Grants Program;
4.2 Building use requirements as set forth at 24 CFR §
576.73;
4.3 Building safety
at 24 CFR § 576.75;
4.4 Support service
24 CFR § 576.77;
and sanitation requirements as set forth
assistance requirements as set forth at
4.5 Nondiscrimination and Equal Opportunity requirements as
set forth in the Fair Housing Act, 42 U.S.C. 3601-3620, as amended
and 24 CPR Part 100; Executive Order 11063 and 24 CFR Part 107;
Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d and 24
CFR Part 1, the Age Discriminmation Act of 1975, 42 U.S.0 6101-6107
and 24 CFR Part 146; Section 504 of the Rehabilitation Act of 1973,
29 U.S.C. 794 and 24 CFR Part 8; Executive Order 11246 and 41 CFR
Chapter 60; the Housing and Urban Development Act of 1968, 12
U.S.C. 1701u and 24 CFR § 570.607(b); Executive Orders 11629, 12432
and 12138; 24 CFR § 576.79;
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4.6 The policies, guidelines and requirements as to use of
ESG funds set forth in 24 CFR Part 85 and OMB Circulars A-110 and
A-122;
4.7 Lead-based paint requirements as set forth in the Lead -
Based Paint Poisoning Prevention Act, 42 U.S.C. 4821-4846 as
amended and at 24 CFR Part 35;
4.8 Conflict of interest requirements as set forth in OMB
Circulars A-102 and A-110 and at 24 CFR § 570.611;
4.9 Regulations as to use of debarred, suspended, or
ineligible contractors set forth at 24 CFR Part 24;
4.10 Flood Insurance requirements as set forth at 24 CFR §
576.79 (f);
4.11 Drug free work place Act of 1988 requirements as set
forth at 24 CFR Part 24, Subpart F;
4.12 The audit and intergovernmental review requirements as
set forth at 24 CFR Part 44 and OMB Circular A-110, and Executive
Order 12372 and 24 CFR Part 52;
4.13 The relocation and acquisition requirement as set forth
at 24 CFR § 576.80 and 49 CFR Part 24;
4.14 The policies, guidelines, and requirements of the
Emergency Shelter Grants Program as set forth in 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.
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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 , 1993.
ATTEST:
By:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Juan Garza, City Manager
APPROVED:
4(2.1(c, day , 1993
James R. Bray, 1 Attorney
By:
ESO
wSZSg.gr
sistant City
rney
By:
WOMEN'S SHELTER OF CORPUS CHRISTI
AREA, INC.
San a Larson
o
on
Executive Director
6 7//
%zC1L'C,,/
Rodney Ho
President
-6-
SUMMARY OF PROPOSED ESG
WOMEN'S SHELTER AGREEMENT
I. ALLOCATION/PURPOSE
1993 Emergency Shelter Grant Program - $15,750
A. $8,000 to provide employment, health services, and
benefit assistance counseling (Essential Services)
B. $7,750 to help defray the cost of operating and
maintaining the Emergency Shelters
(Operation/Maintenance)
II. TERMS
A. From the date of execution through March 4, 1995.
B. Women's Shelter to provide a dollar -for -dollar match from
sources other than the Emergency Shelter Grant Program.
7