HomeMy WebLinkAboutC2005-538 - 9/13/2005 - ApprovedEMERGENCY SHELTER GRANT AGREEMENT
BETWI~EN THE
CITY OF CORPUS CHRISTI
AND
MISSION 911
Mi*,MifJn ql I
THE STATE OF TEXAS
COUNTY OF NUECE$
KNOW ALL BY THESE PRESENTS:
This agreement ('A~mement') Is made and enter~:l Into by the City of Corpus ChrlsU, a
Texas home-nJle municipal corporaUon ('City'), acting through Its City Manager or the
City Manager's designee ('City Mlniger'). and 011 Park F'lace doing I:)uatne~ as
Mission 911 ('Suix'eclrHlnt'), a nonprofit corporation organized under the law8 offl'm
S~[e of Texas
homeless and for appropriate faclll'des In which to provide the services In the City of
Corpus Christi;
WHEREAS, providing support services to persons who am homeless promoteB the
public welfare, health, and safe~y:
WH~, the City is ~us of providing approprtate support sed~tce8 to persons
who are hc)meles~
W~EREAS, appml:N'tate supfx)rt services include decent, mafe, and sanitary al'ielter,
,ndepe~dent living.
WHEREAS, the Subreciplent 18 able and desl~)us of p~vfl:llng Itm a~e support
service~ to pemons who am homeless and In need of aemistance In order to Improve the
quality of their lives; and
WI'IEREAS, the City has allocated Emergency Shelter Grant ("ESG') funds in the
amount of $9,575 to the Subreclptent for a~sistance In pmvtcllng ~pport services for the
NOW, THEREFORE, ttm City and the Subrecipte~ have ~evefally and collectNoly
agreed and, by the execution of I~ls Agreement, am bourxl to the mutual obUgeUorm,
performance, and accomplishment of the lzmks described In this Agreen'x~d.
SE~ 1. cn"Y'S FUNDING OBLIGATIONS. The City agrees to:
11
F,,,M,,,,, P,-,,,~,~ the Submclpient no~ mom than Nine Tlxxmmtd Five Hundred
20e~-5~ ($9,575) of ES(3 funcl8 on a mlmbumement basle.
3/05
CO~EgG'adl~kXl gl ~ ~ .a~ml.ea= Palae I ~ 12
5120(O-) I .1
1.2 Reimbumement. Reimburse ESG funds to the Subrecipient according to this
Agreement and as follows:
.. A) Not mom than $4,000 will be reimbumed to the Submciplent for the provfl~on
of essential services to the homeless.
lB)
Not mom than $3,500 will be mlmbumed to the Submciptent for payment of
rnalfii~nance and operating cos~. Reimbumable operating costs DO NOT Include
administrative costs, and relmt~rseble ~u~ing combs may not exceed $700 of
(C) Not mom than $2,075 will be reimbursed to fl~e Subreciple~t for the ~ of
homeless prevention services.
SECTION 2, SUBRECIPIENT'S FUNDING OI~I.IGA~. Subreclpie~t agrees to:
0ersons, and provide supervision and oversight, by the Subrectplant'a Board of Direr.-
tom. of professional services provided by the Subredplent.
2.2 ~lewicea and Facilities. Provide services and utilize the facilities or buildings In
accordance with the Emergency Shelter Grants Program regulations ce~lned In the
Ur~ted St~i=s Code of Federal Regulations ('CFR'), 24 CFR Part 576, as amended, In-
cluding, but not limited to, Ex)se Federal requirements contained In Sections 5 and 6 of
th~e Agreement
2.3 Permit~ and Ucenslng. Obtain and maintain any mits, certificates, and Ilcen-
sea that are required of the sta~d a~vffias and of the facility or the services offered
therein by the Sta~ of Texas and any other agencies having regulatory Jurisdiction ~
the facility or services
2.4 Rnanclal Records. P. eco~ financial tmnsectlons mn:ling to accrual accounting
procedures or develop such mi information through analysis of the ~n
on hand and pmwde an Independent a~dlt for such expendlture~ upon request by the
City Manager or the Admlnlsi~-[ur of the City's Community Development DMalo~
(-CD").
2.5 Agce~ to Record. Provide access to all reco;ds, documents, repor~ or audits
regarding the ecflvflJas funded under this Agreement, during regular buslne~ hours, for
purposes of the United States Department of Housing and Urban Development ('HUD'),
the CEy. or CD, in order to conduct audits or monitoring.
2.ll Information and Reporl~. Provide any Information pertinent to this Agreement as
the City Manager. the Admlr~-a3r of CD, or HUD may from time t~ time request.
2.7 Notification of Change. Notify the City within ten (10) days when the mope,
funding, staffing, or services being provided by the Subrectpient changas from Its cur-
~ LEG-DIR'~It~at~ ~~ I~1 FYO600 Aoml (~x Page2et 12
2.~ Uae of Funds. Expend all funds solely for the activities described and funded
under th~s Agreement and in accon~anca with HUD regulations. The Subn~pient shall
reimburse the City for all City-provided ESG funds expended by the Submdplerff on
activities not authorized under this Agreement or that are expended in violation of HUD
statutory and regulator~ provisions
2.9 Record Retention. Retain all required records for throe years following the Cmal
payment made under ~is Agreement and until all other pending matters am closed.
SECTION 3. TERM; TERMINATION; NOTICES.
3.1 Term. This Agreement comrnence~ on the date the City Manager executes
Agreement, providecl the City's City Council has approved Its exeoJIJon, and terminates
on April 30, 2007
3.2 Termination. Eltd~r party may terminate this Agreement as of the last day of any
month upon lhlrty (30) days prior vw~u~n notice to the other party.
(A) All notices, demands, requests, or re~lles provided for or permitted under ~
Agreement. by eil~er party must be In writing erxl must be delivered by one of the
following methods: (1) by personal delivery; (2) by deposit with the United ~
prepaid; (3) by prepaid telegram; (4) by depose with an overnight express deliver/
sewlce, for which service has been prepaid; or (5) by fax transmission.
Notice deposited with lhe United States Postal Service In the manner described
above will be deemed effecttve tv~ (2) business days after detx~t with lhe United
States Postal Service. Notice by telegram or overnight express dellve~ sen~ce will
be deemed effecdNe cme (1) business day alter transmission to the telegraph com-
pany or overnight express carrier Notice by fax l~ansrnission wlfl be deemed effec-
tive upon transmission, wflh proof of confirmed deliver.
(C) Ail such communications must cmly be made to I~e following:
If to the Sulxeck~ent:
City of Corpus Christi
Attn: Admln., Com~lty Dev
P. O. Box 9277
Corpus ~, Texas 78489-9277
(361) 826-3045 Office
~381) 844-1740 Fax
911 Park Place, dba Mission 911
Attn: Executive Director
911 Park Avenue
Corpus Christi, Texas 78401
(381) 882-O911 Office
(381) 882-O911 Fax
(D)
Either party may change the address to which noUce Is sent by using a rneltx)d se~
out above. The Submctpient shall hotly the City of an address change within 10
~ d.-EG~~iepl ~,ES~I4~m [411 ~=Yl~u~ Agttfl' ~ P~ 3 (34' 12
SECTK)N 4. INSURANCE AND INDEMNITY PROVI8~
4.1 Uablflty Insurance. The Submciplent shall have In force, thrmaglxx~ the term of
this Agr'c~,--'ment. insurance that complies with the standards in ExhlbR A, a copy of
which is attached to this Agreement and incorpo,~ud In this Agreement by reference. A
certificate evidencing the Submctpient's provision of irmumnce must be provided to the
City's Risk Manager ('Rlak Manager') and the Admlni=buk~r of CD at least ten (10)
days prior to any expenditures of ESG funds by the Subrecipient. Failure to maintain
any of the types and limits of the insurance required by Exhibit A is cauge for the City
Menege~ or the Admlnist~aLur of CD to terminate this Ag~ and cancel any and all
~eimbursements of ESG funds to the Submcipte~L
4.2 Flm and Extended Coverage. The Subrecipieflt stroll also have In force, through-
out the term of this Agm.,---ment and during the period which the facilities o~ buffding mu~t
be mmrrlalned as a shelter for the homeless in accordance with Section 5.2 of ~
~,gmc,'nent and 24 CFR ~j57§.53, as amended, fire and extended coverage Insurance in
the amount Indic,~d In Exhibit A. Failure to mai,~,In such insurance Is cause for the
City to terminate this Agreement and cancel any and all reimbumemente of ESG funds
~o Subrec~plent
4.3 Notice to City. Subreciplent shall require its Insurance comt~nles, wrllten policies,
and ce~ of insurance to provide that the Ctty must be given thirty (30) days acl-
vance notice by the Insurer prior to cam:eiletion, nonmnewal, or rnaterlal change of the
insurance policies mqulrad by Exhibit A.
4.4 Right to Re-evaluatJon ~nd .4,dJu~t Umit~. The Risk Mamager retains the dght to
re-evaluate the Insurance requirements during the term of this Agreemer~ and adjust
the types and limits of such Insurance upon thirty (30) days w-;"uun no'dce to Submcip-
~ent. Insurance types and Ilrrdte may not be adjusted mom f, equeflUy than once a y~ar.
4.5 INDEMNIFICATION.
(A) Subreciplent covenants and ~]~ees that it will Indemnify and hold
City harmless of, from, and agairmt all clalrn~, dema~ actl~n~
damages, losses, costs, liabilities, mrpenses, and Judgments re-
the foregoing, workers' coml)ensatfon, death, and premises de-
fects) to the extent any such Injury or damage may be Incident to,
or In pert, by an act or omission, negl~, or misconduct on IJm
acdng pursuant to this Agreement and with or wtthout the express
the facilities being used pursuant to this Agreement and with or
'-- ', EC, DIl:~,*at:m~N~e~ I::k~t/-iC[~E~ fl~ 1 =Y{:~(~_ _ Agnfl do(: Page 4 of 12
proximate or remote, wholly or in part, of the viola~ by In-
demnitees, the Subreciplent or any of Its agents, servants, em-
p/oyees, contractors, patrons, guests, licensees, or invffees of any
law, ordinance, or governmental order of any Idnd, or when any
such Injury or damage may In any other way arise from or out of
the use or occupancy of the facilities by Indemnitees, the Subre.
ciplent or any of Its agents, servants, employees, coneactors,
to, the failure of fire Subreclplent to maintain the FecilflJes.
(B) These terms of indemnification are effectfve upon the date of exe-
cution of this Agreement and whether such Injury or damage may
current negligence of Indemnitees, but not If such Injury or dam-
age may result from gross negligence or wfllful misconduct of In.
(C) The Subreciplent covenants and agrees tJ~t, in case fire City Is
made · party to any Iitiga~ against the Subreciplent or In any
Iltigatfon commenced by any party other tJ~n the Subreciplent re.
lating to this Agreement, the Subreciplent shall, upon receipt of
reasonable m regarding commencement of litigation and at Its
own expense, Investi~te all claims and demands, attend to their
selile~,.s.~t or other disposltkm, defend the City In all actions
and pay all charges of attorneys and all other cost~ and expenses
of any kind whatsoever arising from any said claims, demands, ac-
tions, damages, losses, costs, liabilities, expenses, or Judgments.
(D) The indemntflcatlon provisions of this section survive the termina-
tion or explratfon of this Agreement
4.6 ~plent Co~_m; Independent Contractor ~. In ~ ~ b ~ ~
ha~ ~ any ~,1,~ m~ by ~ Su~~ ~ any ~, ~~, fl~,
~m~, ~~, or ~me~l ~y. ~ ~ ~ ~ ~ul~ ~ ~
~~ m~ ~ ~ by t~ Sub~, or u~ ~ ~~. E ·
t~ pm~i~ ~ ~ on ~ ~ ~ ~ a~ ~ ~ ~~ ~ ~
In~r any ~ or o~m on ~ ~ ~ ~.
~- ~1. E~l~altf~el~ F:Iem,HCO.ESG~I4~on 911 cY0508 A,gm! ~: Page 5 of 12
SECTION 5. PROGRANI REQUIREMENTS
5.1 bla~chklg Funds.
~A) The Subreciplent shall matc~ the ESG funding pmvtdlng bythe City wtth an equal
amount of funds from sources other than ESG funds. These matching funds must
be provided after the date of the grant award to the Submclplant and the execution
of th~s Agreement. Funds used to match a previous ESG grant may not be used to
match a subsequent grant award under this Agreernent. The Subredplent may
comply with this requirement by pmvfdlng the supplemental funds Itself, or thn:)ugh
supfllernerttal funds or voluntary efforts provided by any non-profit SubreclplenL
{B) In calculating ~ amount of matching funds, there may be Included the value of any
donated material or building; the value of any lease on a building; any salary paid to
staff of the Sutxecipient In carrying out the emergency shelter program; and the
time and services contributed by volunteers to carry out the emergency shelter pro-
gram determined at the rate of $5 per hour. For the purposes of this subsection
(B), the Subreclpient shall determine the value of any donated rnaterlal or building,
or of any lease, using any method reasonably calculated to setab~lsh a fair market
value
, c) The Su pk nt shall bill the City on a cost-ce~;;;'~ed bests for only l~msa aclMtles
specified in this Agreement and which am matched on a dollar-for-dollar basis In
accordance w~ this Section 5.1 and the regulatlona contained in 24 CFR ,~578.51,
as antended. The Subrecil3ient shall submit matching funds s~ort doc~ne~Yea~o~
which must be provided with each invoice
5.2 Uae a~ an Emergency Shelt~.
{A) Any building for which ESG funds are used by rite Submctplant for renovation for
use as an emergency shelter for the homeless rnu~t be maintained as a shelter for
the homeless for not less than a three-year period or, If the grant amounts em used
for major rehabilitation or conversion of a building for use as an emergency ahelter,
for not less than a 10-year period. The three-year and 10-year periods referred to
~n this subsection begin to run:
(1) In ~ case of a building that was not operat~ as an erneegency shelter for the
homeless I~;om receipt of ESG funds under this Agreement, on the date of Initial
occupancy as an emergency shelter for the homeless.
(2) In the case of a building that was opera,ed as an emergency shelter for I~
homeless before rec~pt of ESG funds under this Agreement, on ~ date that grant
amou.i~ am first obligated for the shelter.
(B) Any building for which ESG funds am used for the provision of essential senses to
the homeless or payment of maintenance, opera,on, irtsumnce, utility, or fumlsh-
inga co~ must be malntatm~d as a at,alter for the homeless for the period during
which such assl~unce is pmvtded under this Agreement. A substitute site or ~
tar may be used during this period so long as the same ~ ~ Is
served. For purposes of this subsection, the term 'same general population'
~, '4.E~I,,~I~De~ Fle~-IC~E~Dq~mmn ql ~ ;y__t~,~__ ~ rko; P~Be ~ ~ 12
means e~her the same type~ of homeless persons originally served wtth ESG funds
(i e.. battered spouses, runaway children, families, or mentally III individuals) or per-
sons in the same geographic area
L C) Using ESG funds for developing and Implementing homeless preverffk)n actMtles
does not trigger any period of use mquimme,~.
5.3 Building 8tandards. Any building for which ESG funds am used for innova'don,
majo~ rehabilitation, or conversion must meet local govemment safety and sanitation
5.4 Assistance to the I I¢,,~ee. The Subrectplent shall assist ~ Individuals
and families In obtaining access to appmprla[e supfx)rtNe services, including pen~nanent
housing, medical heallh treatment, counseling, supervision, and other services essen-
tial f(~ achieving ~ndepender~t living. Addlfl(mally, the Subreciplent shall assist home-
less IndivMuals and families in obtaining access to other Federal, State, local, and prl-
~a~e aid that may be necessary to such individuals and families.
SECTION 6. ADD~'rlONAL FEDERAL REQUIREMENTS.
6.1 Nondi~r.,rlmlnation And Equ~l Ofll~xtunlty. The Subrectplent shaU comply with
the following requirements:
~A) The requirements of the Fair Housing Act, 42 United States Code ('U.$.C.')
~33601-19, and Irnl~ernentlng n)gulstlons at 24 CFR Part 100 et seq., as each may
be amended; ExecutNe Order 11063, as amended by Executive Order 12259 (3
CFR. 1959-1963 Comp.. p. 652, and 3 CFR. 1980 Comp., p. 307), as each may be
further amended; Equal Opportunity In Housing Programs and Implementing reg~
la'dons at 24 CFR Part 107, as each may be amended; Title VI of the Civil Rights
Act of 1964 (42 U.S.C. ~j~2000d-2000d-4), as it may be amended; and, Nomllscrlm-
,nation In Federally Assisted Programs and implementing regulations at 24 CFR
Part 1. as each may be arnermted:
'.B) The prohibitions against discrlmirm'don on the basis of age urtder the Age Discrimi-
nation Act of 1975 (42 U.S.C. ~j6101-07) and Irnplementlng regulations at 24 CFR
Part 146, es eacfl may be amended; and the pro~lbltionB against discrimination
against otherwise qualified individuals with disabllltlea under Sectlo~ 504 of lhe
Rehabilitation Act of 1973 (29 U.S.C. §794) and implementing regulations at 42
US.C. §12101 et seq., and 24 CFR Part 8, as each may be armmded. For pur-
poses of the ESG funding programs, the term "dwelling units' In 24 CFR Part 8, as
it may be amended, inctudes sleeping accommodations:
,C) The requirements of Executive Order 11246 and the suni regulatio~
issued In 41 CFR Chapt~ 60, as each may be amended;
i D) The requirements of Section 3 of the Housing and Urban ~ Act of 1968,
12 U S.C. §1701u, and implementing regub~dons at 24 CFR Part 135 and 24 CFR
~570.607(b). as each may be amended:
!E) The requirements of F_xectrdve Ordem 11625, as amended by Executive Orders
12007 (3 CFR. 1971-1975 Comp.. p. 616 and 3 CFR, 1977 Comp., p. 139) (Minor-
rty Business Enterprises). as each may be amended; Executive Order 12432 (3
CFR 1983 Comp., p. 198) (Minority Business Enterprise Development), as each
may De amended; and Executive Order 12138, as amended by Executive Order
12608 (3 CFR. 1977 Comp.. p. 393, and 3 CFR, 1987 Comp., p. 245) (Women's
Business Enterrxise), as each may be further amended: and,
iF) The requirement that the Subrecipient make known that uae ofthe facilities and aer-
vices ia available to all pei'sona on a nondiacrlmlrlatory basis. Where the proce-
dures that a Subraciplent uses to make known the availability of such facilities and
servx:ea am unlikely to reach persons wtth disabilities or persona of any particular
race. color, religion, sex. age, or national origin wtthin fl'm Submciplent's ae(~,loe
area who mey qualify for them, the Subreciplent shall eababll~h eddltlonal proce-
dures that wtll ensure that these pereons are made aware of the faclllbes arid ser-
vices The Subreclplent shall also adopt and implement procedures designed to
make avallabie to interested persons Information concerning the existence arid
location for services and facilities that am acce~ible to persons with dl~ibilltlea.
6.2 Apl)llr, al~llty of OMB Clrculam. The SubrecJplent shall comply wtth the policies,
guidelines, and requiremer~b~ that are applicable to the uae of ESG funds set forth In 24
CFR Parts 84 and 85 and United Stales Office of Management and Budget ('OI111~
C~rcular No. A-122 as they relate to the acceptance and use of ESG funds.
6.3 Lead-baa~ed Paint.
~A) Subeeciplent shall comply wtth the applicable requirements of the Lead-Based
Palm Poisoning Pmverfdon Act (42 U.S.C. ~1821-4848), ~ Rasklenflal Lead-
Based Paint I-l-;,-rd Reduction Act of 1992 (42 U.S.C. ~4851-4858), and the
~mplementlng regulations at 24 CFR Part 35. as each may be amended.
, B) In addition, the Subreciple~ shall also meet the following requlrement~ relating to
inspection and abatement of defective lead-baaed paint surfaces:
(1) Treab,uant of dul'uclJve paint 8urfaces must be perfc~,~:l b~'um final In-
spection and approval of any renovation, rehabllEutlon, or conversion acflvtt¥ under
this Agreement; and
(2) Appropriate action must be taken to protect shelter octM3ants from lite
h-~rds aaeoclated with lead-baaed paint abatement procedures.
6.4 Corflllcta of Inilmi~t. In addition to the conflict of irfeere~ provisions In OMB CIr-
culam A-102 and A-110, no person who Is an errN31oyee, agent, consultant, officer, or
elected or appointed official of the Subreclplent ttmt recelvas ESG funds and who exer-
cises or has exercised any functions or rasponsibilltlea wtth respect to mutated acltvl-
ties, or who la In a posrdon to participate In a decision-malting process, or who may gain
reside information with regard to such activities may obLaln a personal or flnan(~l Inter-
est or benefit f, um the activity or have an interest In any co~buct, subcontract, or agree-
ment with respect thereto or business ties during his or her tenure and for one year
thereafter HUD may grant an exception to this exciusion, upon prior WT~--LLUn apflmval,
,- t EC,.Dll~ekzabeltN:~ FJe~lCi3~ 91~ FY _Ct~__ ,J~.dtx: Plge 6c~12
as provided In 24 CFR §570.61 l(d), as amended. In the event the Subreclplent desires
co obtain an exception to the exclusion from HUD, ~ Subrecipient must comply wflh 24
CFR §570.611 and file a wH[tun application, contaleing full disclosure of the facts, w~th
the A4:lm~ni'stmtor of CD
6.5 U~e of DebarrmJ, Suspended, or Inell~lMe Cord~ ..~: .. The provisions of 24
CFR Part 24, as amended, relating to the ernpioyment, engagemer~ of set.cee,
awarding of co,~bucts, and flJndlng of any contractors or subcontractors during any
period of debarmeet, suspension, or placement in ineligibility status, am appllcabie to
the Subrectplent.
6.6 Flood Irmuranc~. No site pmpesed o~ which renovation, major rehabilitation, or
co~vorsion of a building Is to be assisted with ESG funds may be located In an area that
has been identified by the United States Federal Emergency Management Agency
~'FEMA'~ as having special flood hazards, unless: (1) the community In which the area
,s sltua~l Is participatk~ In the National Flood Insurance Program and ttm regulations
thereunder (44 CFR Parts 59 through 79), as amended; and, (2) If ltm ~=tum la lo-
cated in a special ha~'~rd area, the Subreclpient shall ensure that flood Insurance on the
structure is obbained in compliance wIU, Section 102(a)of the Flood Disaster Protection
Act of 1973 [42 U.S.C. §~4019-(a) et seq.], as amended.
6.7 Coastal Barrlem. In accordance with the Coaslal Barrie~ Resources Act, 16
U.S.C. ~.-~501, as ameeded, no ESG funds may be made available w~thln the Coastal
Barrier Resources System.
6.~ Drug Frae Workp~c~ Act of 1~. The Submciplent shall certify Itmt It wl$ main-
tain a drug-flue workplace In accordance with the rsqulmmants of 24 CFR Part 24,
Subpart ~. as amended
6.6 Copeland Act The Submcipient shall comply with the Copeland 'AntI-KJckbac~
Act. 18 U.S.C. §874, as amended and as supplemented by United States Depmtmeet of
Labor regulations, 29 CFR Part 3, as amended
6.10 Contract Work Houm and Safety 8tandard~ AcL The SubrecJplent shall ~
;>ly with Sections 103 and 107 of the Cohbuct Work Hours and Safety Standards Act, 40
U.S.C. §~329 and 333, as amended and as supplemented by United States Depart-
merit of Labor regulations, 29 CFR Part 5, as amended.
6.11 Audit. The Submctplerff is subject to the audIt requirements Of OMB Circular A-
l 33. as set forth in 24 CFR Part 45, as amended.
6.12 Relocation mM AcquiMtJon. Cofudstent with ttm other goals and obJectives of
this Agreement, the Subreciplent shall ensure that It has taken all reasonabie steps to
minimize any displacement of persons (famlllas, Individuals, and farms) as a result of a
project assisted with ESG funds.
SECTION 7. GENERAL PROVISIONS.
7.1 Validity. If, for any reason, any section, paragraph, subdivision, cJause, phrase,
word, or provision of ~ Agreement Is held invalid or urx~n~EdlJonal by final Judgment
· ~'.LEG-.D~~ ~ 9~ ~ FYO~06 Ag~rt.doc Page ~ (~ 12
of a c~urt of competent jurisdic~on, it shall not affect any other section, paragraph, sub-
division, clause, phrase, word, or provision of this Agreement. for It la the definite Intent
of the parties to this Agreeme~ that every section, paragraph, ~bdlvlaion, clause,
phrase, word. and provision of this Agreement be given full force and effect for Its pur-
3OS~.
7.2 Jurl~dicflon and Venue. The laws of the State of Texas govern and am appli-
cable to any dispute arising under this Agmeme~. Venue is in Corl~s Christi, Nueces
County, Texas. where this Agreement was entered im and must be performed.
7.:~ Nonexclu~h~ 8em'lce~. No~hlr~ In this Agreement may be cor~bded as pmhlbl-
ling the Subrecipient ;~um entedng Into contracts with additional parties for the perfor-
mance of services slmlar or ~lentical to b"~se enumerated in ~ls Agreemer~ and
rx)ihtrtg In ~ls Agreement may be construed as prohibiting rite Submclpient from re-
ceh, ing compensation from such addltior~l corrbactual parlJes, provided that all other
terms of this Agmernent am fulfilled.
7.4 Modlflcatlona. Modifications to this Agreement am not elfectlve unle~ ,lgned by
a duly authorized ref)mee~'~attve of each of the parties to this Agreement. Modlflcatlon~
which do not change the essential scope and purpose of this Agreement may be ap-
i:~oved on behalf of the City by the City Manager.
7.$ Copies of Rulae and Regulatlor~. Copies of some of the ruie~ and regulations
referenced In this Agmerrlent have be~m provided to the Submclp~e~t as evidenced by
the Subrectple~t's ESG Compliance Affidavlt, which Is attached to
Exhibit B and is incorporated Into this Agrment by ,~;em~e. Any failure by the City
to supply the Submciplent with any olher a~ble law~, mgula'dons, ordinances, rule~,
or policies not stated in Exhibit B does not waive the Subreclp~ent's compliance
~ as required by law.
7.6 Dteclo~um of Imreat. In compliance w~i.h Section 2-349 of the City's Code of
Ordinances, the Submciplent ~hall complete the City's D/ac~osure of i.i~,'ests form,
which is affached to this Agmemeflt as Exhlblt C. the corn of which, as a
completed form. am Incorporated in this document by reference a~ If fully .et out In this
Agreement.
H ~LEG'-D~~ F~S~ gl i F'~_ ~g~'lt.d,c~ Page 10 o~ 12
Executed in duplicate originals this · '~ day of / - ~' ~T/~/'~-'t.~, 2005.
CITY OF CORPUS CHRISTI
Approved a~ to form:
,20O5
ACKNOWLEDGMENT
COUNTY OF NUECES ~
KNOW ALL BY THE8E PRESENTS:
This instrument was acknowledged be;ore me on ('/'~ [,~JX. r- ,2005, by
George K. Noe, City Manager of the City of Corpus Chdstl, a Texas municipal home-
~ule corporation, on behalf of the corporation.
No. fy Public, S'~o of T~xas
SUBRECIPIENT: 911 PARK PLACE doing buMne~ ~ MISSION 911
I~lnted Name:
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF NUECE8
KNOW ALL BY THESE PRESENTS:
of 911 P~rk Place, d~ng business as MIsalo~ 911, a Texas non-profit corpo~a~on, on
behaff of the corporation.
Notary Public. State of Texas
H'~.EG-D~R',elz~el~)a~ F1~S43~ 91 1 ~ AlUm.dec I:~ 12 ~ 12
EXHIBIT A
INSURANG~: I~-rSl ql~II~l~
Submcir~t~ I mbtlltv Irmurance
A
Subrecipient must not commence work under ~i~ agreement until all Irmurance required
herein has been obtained and such Insurance has been approved by tim City. Submctplent
must not allow any aubco~Y~,,ctor to commm'tce work until all ~'nllar irmurm'me required of the
B
Subracipm~ must fumiah to the City's RiakManegertwo (2) copleeofC=Ulk- '~:oflriurance,
show~] the following minimum coverage by insurance compares) accaplable to lite ~
~ Manager. The City must be narlle~l ~m an addlfiorml irmurm:l for au UablUty pollciee, taxi a
blanket waiver of subrog~idJon b~ required orr all applicable polk:~m.
TYPE OF B~IURANCE
i CO. MERCIA1. GENERAL LIABILITY ~'~dudlng'
4
5
6
7
Commemll FmTn
~ Injury
C. Intheeventofacciden'mof-nyldnd, Submctplentmu~tfurni~hthe RiekMmmgerwlthooplee
of all mporl~ of such acciden'm within 10 days of rite accident.
II. ADDmONAL RFQUIRFMENTS
~I ~ Irmumnce:
The City of CorpuI ChrlItl must be named am an iddltioniI Iniurid on the IiabIy
coverage, and a blank~ waiver of subn:)gatfon la requlrad o~ II ~ I~.
ffyour in~uranca company uae~ the m/ACORD form, the cancel/io~ clause
and "canceled", and deleting the word~, "endeavor to", and deleOng tim womlng alter
"~lf~.
* The rmme of the project mu~t be IIM~ci under "Deecription of Operatlonll'
At; minimum, ,~ ~0-day ~ notJce of canceibtion, non-mnewM, m.tmial
ctmnge, o~termtnation, and a 10-dsywril~en notice of cencellsti(m for rmn-payment of
premium is required.
If the Certificate of Insurance on its face does not show on Its face b~e ex]Mzmce of
the cover~le required by iterrm 1.B (1)-(7'), an authorized repree~,,;-.iJve of the
~nsurance company must Include ,~ letter epeclflcelly stating whetter itmTm 1.B. (1)-7)
am included or excluded
END
EXHIBIT B
ESG COMPLIANCE AFFIDAVIT
~TATE OF 'rEXA~ ~
COUNTY OF NUECES §
KHOW AIL BY THESE PRE~ENT~:
Emergency Shel~r Grant Subrectple~t
Affiant. o~ o~U,. swears the following stateme~[~ am true:
corlx~ul]on, which has applied for and been awarded F_merger~y She~ter Grant ('ESG')
Program lunds administered by the City of Corpus Christi ('Ctty'). Prior to the ~t of the
omJect for which ESG funds have been awarded, aa the repreeer~d]ve of the above
named subreclplent organization ('Subrecll:~rff'). I met w~ City staff and received c~N:~ea
of the folkTwlng Federal rules and regulations:
OMB C, lrc~lar A-102 24 CFR Part 1..3.5, 8, 24, 35, 45, 84, 85, 107, 135
OMB Circular A-110
OMB Circular A-122
OMB Circular A-133
and 148
24 CFR 570 and 576
41 CFR 60.1 and 60.4
By execution of this afftda~. I attest that I have received tY~ above-listed Federal rules and
regulations. City ~ has explained the rules and regulations, and I under~and the
Subreciplent's obligations of pedormance under~e rules and regulations. Furthemx)re, I
act~J-~m~ge ~at them may be additional Federal rules and regulaUon8, bey~ the rules
SWORN TO ,~ID 8UBSCR~ED
and regulations Ilst~above, to which the Subreciplent may be subject to and with which
t~e Subrecl..~ ~lt compS, in accordance with Federal laws.
W GOlilian I~il~
EXHIBIT C
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