HomeMy WebLinkAboutC2005-540 - 9/13/2005 - ApprovedEMERGENCY SHELTER GRANT AGREEMENT
BE'TW'cEN THE
CITY OF CORPUS CHRJSTI
AND
THE WOMEN'S SHELTER OF SOtJ'rH TEXAS
THE STATE OF TEXAS
COUNTY OF NUECES
This ~gr~gm~ ("A~m~m~nt') is mad~ and ent~'~d k-,~u~ by th~ City of Cor~ Chrl~l,
Texas home-rule municipal corporation ('City'), acting through Its City Marmger or the
City Manager's designee ('City Mmm~wr'), and the Women's Shelter of SmJl~ Texas
('Submclplent'), a nonprofit corporation organized under Itm laws of rite State of
Texas
WHEREA~, them being a genuine need for s~pport services for persons who am
homeless and for appropriate facilities In which to provide the services In the City of
WHEREAS, pmvtdlng support sewices to persons who am homeless pmrnotes the
public welfare, health, and safety,
WHEREA~, the City Is desirous of providing appropriate support services to persons
who am homeless;
WHEREAS, appropriate support services Include decent, safe, and ~n~ry ~lt~',
medical assistance, counseling supervl~on, and other send(es essential for achieving
WHEREAS, the Submcipient Is able and desirous of providing the approprtu~u support
services to persons who are homeless and in need of assistance in order to Improve the
quality of their lives; and
WHEREA8, the City has allocated Emergency Shelter Grant ('ESG') funds in the
amount of $20,000 to the Submclple~t for aaela~artc~ ~n pmvfl:llng aupflort services for
NOW. THEREFORE, the City and the Submctpient have severally and colleclNely
agreed and, by the execution of Ibis Agreeme~ am bound to the mutual oblige'dons,
SECTION 1. CITY'S FUNDING O~UGAI'IOI~. The City agme~ to:
1.1 Funding. Provide the Subreclplent not mom than Twenty Thousand Dollm~
($20.000~ of ESG fl~nds on a reimbursement bans.
M200~-3 ! 3
~ omen'~ Shelter of ~outb Texas
I:~B~ 1of 12
1.2 Relmbumement. Reimburse ESG funds to the Subrecipkmt according to this
Agreement and as follows:
,A) Not mom fl~an $7,000 will be ~mbursecl to ttm Submcipient for the pmvlMon
of essential services to the homeless.
~B) Not momthan $7,000w111 be reimbumed t~the Subreciplerfffor payrmmtof
mal~ertance and operating costs. Reimbursable opem'dng costs DO NOT In(dude
administrative co~, argl reimbursable staffing c~ts may no~ exceed $1,400 of
(C) Not more than $6,000 will be reimbursed to tyro Submciplent for tyro pmvtMon of
homelea~ preverdJon service~.
8ECl'ION 2. 8UBRECIPIENT'S FUNDING OI)UGATIONS. Subrecipkmt agrees to:
2.1 8t~' and AdmlnMtratlve Support. Provide sufficier~ ~aff and administrative sup-
port to carry out the ~tated activities, supervise the delivery of aervtces t~ homeless
persons, and provide supe~slon and oversight, by the Subreclplm~s Board of Dlrec-
[ors. of professional services provided by the Submciplent.
2.2 Service~ and Fagllltle~. Provide services and utilize the facilities o~ buildings In
accordance with the Emeq;lency Shelter Gra.~ Program regulations ce.~armd In the
United States Code of Federal Regulations ('CFR'), 24 CFR Part 578, as amer~led, In-
cluding, but not limited to, those Federal requlreme.~ contained I~ Sectiona 5 and 6 of
2.3 Permrm and Lk:enMng. Obtal~ and maintain any permits, cerlfflcates, and Ilcen-
sea that am required of b~e st~,d activities and of lyre facility or the ~ervlces offered
therein by the State of Texas and any ol~er agencies having regulatory Jurisdiction over
2.4 Rrmrmlai Records. Record financial transactions according to eccru~ m:counl]ng
procedures or develop such aca'ual information through analysis of t]he documerfl]a~n
on hand and provide an Independent audit for such expendltuma upon request by the
City Manage' or ttm Adrninl~ai~r of the City's Community Developrne~ D~aion
i~CD"'i.
2.5 Accea~ to Record. Provide access to all records, doctzmm~ reports, or audits
regarding the actMtles funded under ~te Agreement, dudng regular burners hours, for
purposes of the United States Department of Housing and Urban Developme~ ('HUD'),
the City or CD. tn order to conduct audits or monitoring.
2.6 Infommtlon mtd Reporla. Provide any i,;ormatlon perl]nent to this Agreement as
the City Manager, the Admin~u[ur of CD, or HUD may from time to time request.
2.7 Nob'flcation o~Change. Notlfy tt~ Clty wtthln ten (10) days when the scope,
funding, =i~;;ng. or services being provfded by ltm Subrectplent changes from Its cur-
re~t level.
V¥omn ~ FY0606 AGrnLclgx Page 2 ~f 12
2.8 Um~ of FundL Expertd all funds solely for tim aclJvitles described and furxled
under this Agreement and in accordance wtth HUD regulations. The Subrecipient shall
r'e~burse the City for all City-provided ESG funds expended by the Subredplent on
acfivttie~ not authortzed under fftis Agmeme~ or that are expefx:led In viola'don of HUD
,~atutory and regulatory provisions.
2.9 Record Retentioa. The Submciplent ~all retain all required mcon:ls for three
years following I/m final payment made under th~s Agreement and until all olfter pending
matters am closed.
SECTION 3. TER~; TERMINATION; NOTICES.
3.1 Term. Thb Agreement commences on the da~ethe CityManagerexe(xlte~b
Agmement~ pmvtded Ifte City's City Council has approved Its execution, and terTninatEm
on April 30, 2007
3.2 Termination. Either party may terminate b~ Agreement as of ltm last day of any
.month upon I~rty (30) days prior written notice ~o the olJ~r party.
iA) All notices, demands, requests, or replies provided for or permitted under this
Agreement, by either party must be In writing and must be delivered by one of the
following methods: (1) by personal delivery; (2) by depostt with the United States
Postal Service as certified or registered mall, ~u[um receipt requested, ~
prepaid; (3) by prepaid telegram; (4) by depo~ with an overnight express cleilvety
service, for which service has been prepaid; or (5) by fax tmrmml~k)n.
lB) Notice del3oslled with the United States Postal Service In the rnanner described
above w~l be deemed effective two (2) I:..~ine~ day~ after del3oait with the United
Stah~,s Postal Service. Notice by telegram or ovecnlght express dellve~ ~ will
be deemed e~-~ive o~e (1) business day after tmnsrnlaslon lo the telegraph com-
pardi or overnight ex,omss carder. N~ by fax tran~l~slon will be deemed
tire uoon Iransmisalon, with proof of confirmed deliver.
~ C) AJ~ such communications must only be made to the following:
ff to l~e City:
If to the Subrect~:
City of Corpus Christi
Attn: Admin.. Comrnunlty Dev.
P. O Box 9277
Corpus Christi, Texas 78489-9277
(381'! 826-3O45 Office
(361~ 84~-1740 Fax
The Women's Shelter of South Texas
Att,: Executive Director
P.O. Box 3388
Corpus Christi, Texas 78483-3368
(301) 884-2o00 office
(381) 884-2oo8 Fax
(D) Either party may change the address to which notice Is ~ by using a method set
otJt above. The Submctplent shall not~y lhe City of an address change wifftln 10
workJr~g days after the address Is c~anged.
Wo~n~ Sh/~ FYC~I~ .~ ,'~c_ _ Pag~ 3 of 12
SECTION 4. INSI. IRANCE AND INDEMNITY
4.2 Fire and Extended Coverage. The Subreciple~ shall also have In force, thmugh-
ou~ the term of this Agreement and dudng ~ period which the facilities or building mum
be main~ainad as a shelter for the homeless in accordance with Section 5.2 of this
Agreement and 24 CFR ~576.53, as amended, tim and extended co~erage In~Jmrtce in
the amount indicated In Exhibit A. Failure to maintain such insurance Is cause for the
City to terminate this Agreement and cancel any and all reimbursements of ESG funds
ro Submclplent
4.3 NolJce to City. Submcipleflt shall require Its insurarx~ companies, wTi~uen poick~,
and c~rUficat~ of Irmurarm~ to provide that the C~ty must be given thirty (30) days ad-
vance notice by the Irmumr prior to cancellation, nonrm'mwal, or material change of the
,nsumnce policies required by Exhibit A.
4A Right to Re4valm and Adjust Umll~. The Risk Manager retains the right to
~ cvaluate ~ Insurance requirements during the term of this Agreement and adjust
the types and limits of such insurance upon thirty (30) days w~",~,n not]ce to Subrectp-
,ent Insurance types and limits may not be adjusted mom frequently than once a year.
4.5 INDEMNIFICATION.
(.4) Subreci~ covenants and egrees t~et It will Indem~ and hold
Cib/ mm of, from, and against afl claims, deme~ actions,
damages, losses, costs, l~bllltfes, expense~ and Judgments re-
damage to persons or properly (including, ~ I1~ on
fects) to the extent any such Injury or damage may be Incident to,
or In pe~ by an act or omission, negl~ or ~ on the
acffng pursuant to this Agreement and with or without the express
pert of the Subreciplent or any of its agents, servants, employees,
cone'actors, peeons, guests, licensees, or invitees entering upon
'~ ~'~ ~ ~:~"~e~ I=Y - -n~- A'gmt ~°: Page 4 o1' 12
without the express or implied Invitation or permission of the
Subreciplent, or when any such Injury or damage Is the result,
proximate or remote, wholly or in part, of the viola~ by ln-
demnitees, the Subreciplent or ~ny of ltl agents, servants, em-
ployeas, con~ctors, patrons, guests, IicensMs, or invltees of any
law, ordinance, or govemmenMI order of any kind, or when any
such Injury or damage may in any other way arise from or out of
the use or occupancy of the facilldes by Indemnltees, the Subre-
~ negligence of Indemnltees, but not If such Injury or dam-
age may result from gross negligence or willful misconduct of In-
demnltees.
(C) The Subreciptent covenants and ~grees tMt, in cise the City Is
made · p. rty to any litigation against the Subreclplent or In any
Ildgadon commenced by any pMly other than the Subreciplent re-
latlng to this Agreement, t~e Subreci~t shall, upon receipt of
reasonable no dce regarding com me,. c e : , , C .'Tt of l ltigatkm and at Its
own expense, i~te all cl. ims .nd demandl, attend to their
setdement or other dtsposWon, c~f~.,J the Cl~y in all ~cdons
and pay all chargeJ of attorneys and all other costs and expenses
of any kind whatsoew arising from any said claims, deman(~ ac-
dons, da~ losses, costs, Ilabllldes, expenses, or Judgments.
(D) The indemnlflcadon provisions of this sectfon survfve the I~mina-
don or expiration of this Agreement.
4.6 SubreCildent Co.b_ct~; Indepem~nt Contractor 8tatum. In no event Is the City
I~abte for any contracts made by the Submctplent w~ any pera~n, partnemhlp, firm,
corpo,.E;on, association, or governmental body. All of the services required by tttls
Agreement must be performed by ~ Subreciplent. or under Its supervision. It Is
agreed by the parties to this Agreement lhat the Submclplent Is an Independent con-
tractor providing the services on behalf of the City and that lite Subreclplent may not
,ncur any debts or obligations on behalf of tJ~e City.
SECTION 5, PROGRAM REQUIREMENTS
5.1 Mal~chlng Fund~.
(A) The Subreciplent ~'mll match the ESG funding providing bythe City wfd~ an equal
amount of funds from sources other than ESG funds. These matching funds must
be provided after the date of lhe grant award to the Subreclpler~t and the execution
of this Agreement. Funds used t~ match a previous ESG grant may not be uaecl to
match a subsequent grant award under this ~. 'l'he Submcipient may
comply with this requirement by provldlng lyre ~Jppierm-~l fur~la Itself, or ~h
supplemental funds or volur,~ry efforts provided by any non-profit Subr~JpleaL
{B) In calculating the amount of matching funds, there may be Inciuded the value of any
donated material or bu~llng; the value of any lease o~ a building; any salary pek] to
staff of the Subrecipient in carrying out the emergency shelter program; and the
tirrm and services contributed by volunteers to cany out ~ emergency shelter pro-
gram, determined at lhe ~-[e of $5 per hour. For the purposes of lifts aul:~mction
{'B), the Subreciple~ shall de(ermine ~ value of any dona~¢l mu;udal or building,
or of any lease, using any rnelhod reas(xtal~y calculated to e~al~lah a fair market
value.
!C) The Submciple~ NmB bill the City on a cost-c~i~;',ed barn for only those acttvffies
specified in this Agreement ar~l which am matched oe a dollar-for-dollar tmala In
accordance wtth b~ls Section 5.1 and lhe regulations ~ontalnecl In 24 CFR ~j576.51,
as amended. The Subrecipient shall submit matching funds support documenlatlon
5.2
!A) Any bulk:ling for which ESG funds are used by rite Subreciplent for renovation for
use as an emergency shelter for lhe hometea~ must be malrfmlned aa a shelter for
the homete~s for not leto than a thme-y~ar period or, If the grant arno~ta am ueed
for major rehabilitation or c~nverslon of a building for uae as an erne~en~ sheltm',
for not les~b'mn a 10-year period. Thethree-year and 10-year periods m~m'eclto
,n this aul:mection begin to run
(1) In the case of a I~lldlng that was not operated as an erneq~ shelter for Itm
homeless before recell~ of ESG funds under b~ls Agreement, o~ the date of k~ltlal
occupancy as an emergency shelter for the homeless.
(2) In the case of a buadlng fl~at was operated as an emergermy shelter for the
homeless before receipt of ESG funds under this Agreement, on the duk, lhat grant
amounts am flint obligated for Itm shelter.
~B) Any building for which ESG funds am used for the prom of esserfltal m to
the homeless or payment of maintenance, operation, Insurance, utility, or fuml~h-
,nga coats must be mak'rtalned as a atmlter for the ~ for the period d~'lng
whlcfl ~uch assistance Is provided under this Agmernent. A ~ub~;;[ute site or Nmi-
ter may be used during fftts period so long as the same geaefal popu~ ia
sewed. For purposes of Ibis subsection, the term 'same general population'
· wmem sa~e~ FY0S0~ ~rm _,~c_ _ Pa~ee~12
means either the same types of homeless persons originally served with ESG funds
ii.e. battered spouses, runaway children, families, or rne~al~ III Individuals) or per-
sons in the same geographic area.
lC) Using ESG funds for developing and Implementing homem pmvenUon actlvffies
does not tdgger any period of use requlmmer,~.
5.3 BulMIng Stm~l~m. Any building for which ESG funds am used for renovation,
major rehabiiitation, or conversion must meet local government safety and sanitation
standards.
5A Aa~istance to the Hcm~m. The Subrectpim~ shall as~t homeless Indlviduats
and families In obtaining access to appropriate supporlJve ae~vicea, Inciudlng permanent
I~ouslng, rnedlcal heallh l]~a'~nent, counseling, supervision, and other astvice~ essen-
less Individuals and families i~ obtaining access to other Federal, State, local, and pri-
vate aid fi'mt may be neceasary to such Individuals and farnlllea.
SECTION 6. ADDITIONAL FEDERAL REQUIREMENTS.
6.1 Nondl~:rlmirmtkm And Equ~l Opportunity. The Subrecipient shall comply with
the follo~ng requirement:
IA) The reduimrnents of the Fair Housing Act, 42 United Sta~s Code ('U.$.C.')
~3601-19, and Implementing regulations at 24 CFR Part 100 et seq., ea each may
be amended: Executive Order 11063, as amended by Em Order 12259 (3
CFR. 1959-1963 Comp., p. 652, and 3 CFR, 1980 Comp., p. 307), as each may be
further amended; Equal Oppo~ In Housing Programs and Implementing regu-
lations at 24 CFR Part 107, as each may be amerided; Title Vl ofthe CMl Rights
Act of 1964 (42 U.S.C..~2000d-20(X)d-4), aa It may be amended; and, Nondiscrim-
ination in Federally AssJsted Progmma and Impk~mntl~ regulations et 24 CFR
Part 1. as each may be arnerxJed;
/B) The prohlbitJona against discrimination on b~ b~ of ~;;~ und~ th~,a~ D~cr~l-
rmtlon Act of 1975 (42 U.S.C. ~j~6101-07) and Implementing reguletions at 24 CFR
Part 146, as each may be amer~led; and ~ prohibitions against discrimination
against ot~ qualified individuals with disabllltiea under Section 504 of lyre
Rehabilitation Act of 1973 (29 U.S.C. §794) and Implementing regulations at 42
U S.C. §12101 et eaq., and 24 CFR Part 8, as each may be amended. Fo~ pur-
poses of the ESG funding programs, the term 'dwelling units' In 24 CFR Part 8, as
~ may be amended. Includes slea~lng accomrnodatlons:
iC) The requirerne,~s of Executive Order 11246 and the supplemental regulations
rssued In 41 CFR Chapter 60, as each may be amended;
ID) The requimm,;= of Section 3 of the Housing and Urban Developrrmnt Act of 1968,
12 U.S.C. §1701u, and Implerrmntlng regulations at 24 CFR Part 135 and 24 CFR
§570.607(b), as eacfl may be amended;
~3m~l' Stllltl' FY - -n~- - Agmt '~"-"- Plgl 7 ~'12
iE) The requirements of Executive Orders 11625, as amended by Executive Orders
12007 (3 CFR, 1971-1975 Comp.. p. 616. and 3 CFR, 1977 Comp., p. 139) (Mlnor-
,y Business Enterprisas), as each may be amended; Executive Order 12432 (3
CFR. 1983 Comp., p. 198) (Minority Bu~neas Enterprise Development), ss each
may be amended; and Executive Order 12138, as amended by Executive Order
12608 (3 CFR, 1977 Comp.. p. 393, and 3 CFR, 1987 Comp., p. 245) 0Nornen's
Business Enterprise). as each may be further amended: and,
~F) The requirement that the Sulxec~ient make know~ that use of the factlltlas and ser-
vices ia available to all persons on a nondiscriminatory basis. Where the proce-
dures that a Subreclplent uses to make known the availability of such faclllUas and
senn(es are unlikely to roach persons with dlaabillflas or persons of any particular
race color, religion, sex, age, or national origin wtthln the Subreclplent', asrvlce
area who may qualify for them, the Submcipient shall esial~ish additional proce-
dures that will ensure that these persons am made aware of rite faclllbes and ser-
vices The Subreciplant shall also adopt and Implement procedures dastgned to
make avallabie to Interested persona info,,~aflon concemlng the existence and
~7.ation for services and factlltlas that am accasslbla to persons with disabilities.
6.2 Applicability of OMB Clrculam. The Subrectptent shall comply with the policies,
guidelines, and requirements that are appllcabla to rite use of ESG fi. Ix:lB asr forth In 24
CFR Parts 84 and 85 and United Statas Office of Management and Budgel ('OMB')
Circular No. A-122 as they relate to the acceptance and use of ESG funds.
6.3 I will ~ Plint.
Sutxeclplent ~'tall comply w~[i, the applicable requirements of the Lead-Based
Paint Poisoning Prevention Act (42 U.S.C. ~j~4521-4848), the Rasldentlal Lead-
Baaed Paint Hazard Reduction Act of 1992 (42 U.S.C. ,~1851-4856), and the
tmplamentlng regulations at 24 CFR Part 35. as each may be amended.
~B) In addition, the Subrecipient shall also meet the follovang requlrement~ relating to
~nspecaon and abatement of defective lead-based paint surfaces:
Treatment of de~ective paint surfaces must be performed before final In-
spection and approval of any renovation, rehabilitation, or conversion ectNity under
,Z~il~e~en~; and
6.4 Coofllct~ of Intem~t. In addition to the conflict of Interest ixovtsiona In OMB Cir-
culars A-102 and A-110, no person who is an employee, agent, consultant, officer, or
elected or appoi,-,~=d official of the Subreclplent that recelve~ ESG funds and who exer-
clsas or has exercised any functions or responsibilltlas with reapect to assisted activi-
ties. or who Is In a poaltJorl to padictpate In a decision-malting process, or who may gain
~r~de info,,,atlon with regard to such a~vttlas may obtain a personal or financial Inter-
est or benefit from ~ activity or have an interest in any contract, aubco~-~i~uct, or agree-
ment ~ respect thereto or business ties during his or her tenure and for one year
thereafter. HUD may grant an except~n to this exclusion, upon prior w~-~'u=n approvaJ,
/~ ~ S~m~r FY~ ~,p,,I doc F~8~12
as provided in 24 CFR ~570.81 l(d), as amended. In ~ event the Subrecipie~ desires
to obtain a~ exception to the exclusion from HUD, the Subrecipient must comply with 24
CFR §570.611 and file a written application, conLalning full dlsctosum of the facts, wtth
~ Adm~ni~b~lur of CD
6.8 ~ of ~, Susl~nd~l, or Ineligible Co, e_,l=;,. The ~~ ~ 24
CFR Pa~ 24, ~ a~, ~ ~ ~ ~~ e~ ~ ~,
~I~ ~ ~, a~ ~1~ ~ a~ ~.~a~m or ~.b~ dud~ a~
6.8 Rood Imumnce. No site proposed oe which re~oveflon, major rehabilitation, or
conversion of a building is to be assisted wtth ESG funds may be located In an area that
has been identified by the United States Federal Emergency Martegemerff Agency
~'FEMA') as having special flood hazards, unlass: (1) the community In which the area
is situated is participating In ~ National Flood Insurance Program and the regulations
thereunder (44 CFR Parts 59 thrcxJgh 79), as amended; and, (2) If the structure Is Io-
ca~cl in a special h~w~rd ama, the Submclplent shall ensure that flood Insurance on the
structure is obtained in compliance wtth Section 102(a) of the Flood Disaster Protection
Act of 1973 [42 U.S.C. ~j4012a(a) et seq.], as amended.
6.7 ~1Barrlem. In accordance wtth the Coastal Barrler Rasoume~ Act, 18
U.S.C. ~3501, as amended, no ESG funds may be made available wtthln the Coastal
Barrier Resources System.
6.8 Drug Frae Workplace Act of 1988. The Subreciplent shall certify that It wll main-
tam a drug-free workplace In accordance wtth the r~lulrements d 24 CFR Part 24,
Subpart F. as amended
6.9 Cofleland Act. The Subreclptent shall comply wtth the Copaland 'ArrlJ-~
Act. 18 U.S.C. ~j874, as amended and as supplemented by United Sm[us Depafb~nt of
Labor regulations, 29 CFR Part 3, as amended.
6.10 Contract Work Houm and Safety Stem Act. The Subredplent shall com-
ply with Sections 103 and 107 of b'~e Contract Work Hours and Safety Standards Act, 40
U.S.C. §~329 and 333, as amended and as supplemented by United States Depart-
ment of Labor regulations, 29 CFR Part 5, as amended.
6.11 Audit. The Submcipleflt ls subJect to the audIt requlrernentsofOMaClrcularA-
133. as set forth in 24 CFR Part 45, as amended.
8.12 Relocation andAmlulaltlon. Consistent wtth the other goals and obJectivas of
this Agreement, ~ Subreclplent shall emum that it has taken all reasonable ~ to
minimize any displacement of persons (famlllas, Indlviduais, and farms) as a result of a
I~ro~ct assisted ~ ESG funds.
SECT~N 7. GENERAL PROVISIONS.
7.1 Validity. If, for a~y mason, any sectkm, paragraph, st~cllvtsion, clause, phrase,
word, or provision of this Agreement is held invalid or unconstltutior~ by final Judgment
W~m~l~ Shelt~' _F'Y~,~_ _ _ .~l. nt.d~: Pal~ gel 12
of a c~urt of competent jurisdiction, It shall not affect any other section, paragraph, sub-
division, clause, phrase, wool, or provision of this Agreement, for It Is the definite Intent
of the parties to this Agreement that every section, paragraph, subdivision, clause,
phrase, word. and pmvtslon of this Agreement be given full force and effect for Its pur-
pose.
?.2 Jurl~licflon and Venue. The laws of the State of Texas govern and are al~ll-
cable to any dispute arising urxter ~ls Agreement. Venue Is In Cor[xJs Christi, Nueces
7.3 Nonex~uaive Sendc:ea. Nothing In l~ls Agreement may be construed as prohlbl-
ting the Subreclplent from entering ~ contracts with additional parlJea for the perfor-
mance of services similar or identical to those enumerated In this Agreement, and
nothing In this Agr~erne~ may be const]'ued as prohibiting tt~e Subrec~ent from re-
ceiving compermatlon from such additional contractual parlJes, pmvtded that all other
terms of this Agreement am fulfilled.
7.4 Modlflcation~. Modifications to this Agreement are not effectNe tmless signed by
a duly authortzed ret)resentatlve of each of the parties to this Agreement Modifications
which do not char~ge ~ essential scope and p~Jrpoae of this Agreenm~ may be ap-
proved on behalf of lhe City by ~ City Manage~.
7.$ ~ of Rule~ ami Regulations. Copies of some of the rules and regulations
;e~en~cl in this Agreement have been pmvlded to the Subrectplent as evidenced by
Exhibit B and Is incorTx~.~d into ~is Agreement by reference. Any failure by the City
to supply the Subreciplent wtth any other applk:able Laws, regulations, ordinances, rules,
or polictes not ~i~l In F_xhlbtt B does not wane the Subredl:denfs cornplhance there-
wtth as required by law.
?.~ Dl~..Io~ure of I~erat. In compliance with Section 2-349 of the City's Code of
Ordinances, the Subreciplent shall complete the City's D/sc/osum of I~e~ests form,
which Is -[~u~hed to this Agreement as Exhlbtt C, the conte~ of which, as a
completed form. am incorporated in this document by ref~er~ce as If fully eat mJt In this
~.greement.
(EXECUTION P.~.-,E8 FOLLOW)
were ~ Si'~' FYOeOe/~gnTt.d~. Page 10 ~ 12
Executed in duplicate onglnals this :"., ~ I... day of ~ '2 [,~ /~ ~)w'~'- , 2005.
AT'I'E~T:
CITY OF CORPUS CHRISTI
City Manager
for tl~ City Attorney
ACKNOWt. EDGMENT
STATE OF TEXAS
COUNTY OF NUECES
Thi~ ,nslrurnerlt was actmowtedged beCom me on ~J' '~ ~ '~'" / ~, 2005, by
George K. Noe, City Manager of the City of Corpus Christi, a Texa~ municipal home-
rule corpo,-IJon, on behalf of the corpo~uljon.
Nota'l~ Public, S;-~, of Texas
SUBRECIPIENT: WOMEN'S SHELTER OF SOUTH TEXAS
' S~naure% -
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF NUECES
KNOW ALL BY THE8E PRESENT~:
No~w Public, State of Texas
EXHIBIT A
INSURANCI= REt" qI~FMENT8
A
Subr~ic~t~ Iiabilttv Ineumnce
Submcipient muat not commence work under tfli~ agreement until ~1 in~uranc~ required
h~n I~ ~ o~in~l and such inaumnce ha~ been approved by ~ City. Submctplent
must not allow any subcontractor to commence work until all almltar Inaumnce required of the
s~r haa been obl~ined.
Subrecioient must fumlsh to the City's Risk Manage~ two (2) ~ of Ce, Uti(- '-: of Insurance,
showing b~e following minimum coverage by Insurance company(s) ~ to the City'.
Rdk Manager. The City must be named aa an additional Inlumd for all liability policlea, and a
blanket waiver of subrogation Is required o~ all app~icable policM..
38..Da~ ~mlb~. m~ce ol' ca~e !' ~J~ n, nltlrlll
c~e,~or' ..,'~ I~e.,tind 10dl)1
COflMERClN. (F_NERAL LIABILITY Including:
! I Commeffll Fo~
i 2 Pmm~- O~
3 ~ ~ O~ H~
5 I~ep i~m~t ~
6 ~ F~ P~ ~
7 ~ In~
C In the event of accid~,[= of any kind, Subrectl~ent mu~t fuml~h the RI~ Manager wflh copMa
of all repor~ of such acctden~ wtthln 10 day~ of the accide~ff.
Ii. ADDITIONAL RFQUIRI=MI::NTS
A
Cerltrmate of Ir~urance:
The Clt~ M' ~ ~ muat be named aa an additional In~d on the ~bly
coverage, and · blankM waiver of ~brogat~m i~ required on al appicaMe polldee.
and "canceled", and ck~ the word., "endeavor to", and deldlng the won:ling after
~ nmne of th~ proJ~*t must be lis~d under 'Description of Operations"
At a minimum, a 30.4:by wtlttm~ notice of cancellation, non-renewal, matedai
ctmnge, or termination, and a lO-day w~'u~n noUca of cancall~tlon for non--i~p'nent of
premium i~ required.
B
If h'm Certificate of Irmurance on ita face doea not show on ira fm:e b'~e exMm'~e of
the coverage required by items 1.B (1)-(7), an au~orlzacl repme, g;~mtlve of the
~rmurance company must incJude a letter ~oeciflca~ atatlng wf~ther lire'ns 1 .B. (1) 7)
are included or excluded.
END
EXHIBIT B
ESG COMPLIANCE AFFIDAVIT
~'I'ATE OF TEXA~ ~
COUNTY OFNUECE8 §
Emergency Shelter Om~t Subr~=ipleat
A,q~nt, on oabh, m~ear~ the following ~bd~,~.,~ mm true:
for and been awarded ~ Shellm' Gra~ ("ESG') Program fundt a&,&&a~,red by
City ~aff and received coptea of lfle foltoe/mg Federal ruk~ and regulaUorm:
OMB Cimular A-102 24 CFR Part 1, ,3, 5, 8, 24, 35, 45, 84, 85, 107, 135
OMB Clrcutar A-110
OMB Circular A-122
OMB Clrcu{ar A-133
and 148
24 CFR 570 and 576
41 CFR 60.1 and 60.4
By exmcutlon of thl~ affidavit, I att~t that I have received the abow listed Federal nJea and
regulationa, City ~M'f have explained the rulea and mgulatlona, and I undemtand the
eubmcipient', obagaUo~ of perf~ under theee rule~ and regulattona.
EXHIBIT C
Immmm, lmtmolmmm~ 'm, ' ' _