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Home My WebLink AboutC2005-541 - 9/13/2005 - ApprovedEMERGENCY 8HEL'I'ER GRANT AGREEMENT BETWEEN THE CITY OF CORPUS CHR~TI AND CATHOLIC CHARITIES THE STATE OF TEXAS I COUNTY OF NUECES ~ KNOW ALL BY THESE PRESENTS: This agreement ('Agmeme~) Is made and entemcl In~, by the City of Corpus ~, a Texa~ home-rule municipal corpora[ion ('CRy'), acting fi'trough Its City Marmger ~ the City Marmger's deelgnee ('City ~r'), and Cattx)llc Social Sewices of Corpus Christi. Inc., doing buskle~ as Catf~llc ~ ('Submclplent'), a no~pmflt corporation organized under the laws of the State of Texas. WHEREAS, them being a genuine need for support services for persons who are homeless and for appropriate facilities in which to provide the services In the City of C. mpus Christi; WHEREAS, providing support services to persons who are homeless promotes the public welfare, health, and safety; WHEREAS, the City is desirous of providing a~ support services to persons who are homeless; WHEREAS, appropriate support sewlce~ Include dece~, safe, and sanitary shelter, medical assistance, counseling supervision, and other services essential for achieving independent living; WHEREAS, the Subredplent I~ able and desirous of ixovfl:llng rite appropriate mJpport services to persons who am homeless and in need of assistance In order to Improve the quality of fl'mir fives; and WHEREAS, lhe City has allocated Erneq~ SheJter Grant ('ESG') funds in ttm amount of $13,000 to the SubrecJptent for aealstance In providing support services for NOW, THEREFORE, the City and the Subredpkmt have severally and colleclJvely agreed and, by the execution of ~ls ~ am bound to the mutual obllgaUons, performance, and accompibhment of the tasks described In thb Agreement SECTION 1. CITY'S FUNDING OBUGATION8. The City agrees to: 1.1 [tlS.mint nf ;.~c. fl-~s on 8 reimbursement ~m. 2~M! ~/1~ M2~313 Cnlb~k ("hnr~t~ Funding. Provide bhe Subreciplent not mom lttan Thirteen ThoLmand Dollam Page1 of 12 1.2 Relmbumement. Reimburse ESG furKJs to tim Sul:N~K:iplent a(~:ordlrq] to ~ AgreerrN~r~t and as follows: Not mom b'mn $13.000 Mil be relmbumed to tim Sul~e- c_.ipk~nt for the provision ~ I'mm~dsea prevention ser¥ices. SECTION 2. 8UBRECIPIENT'8 FUNDING O~LIGATIONS. Submctpient agrees to: 2.1 Staff and Administrative 8upporL Provide sufficient .taft and admlnl~.;;ve sup- port to carry out the ~[ed a~vttles, supervise the delivery of services to homeless pers~s, and provide supervision and ovqemk~ht, b~/Itm Subr~N:llCd~mt's Boa~ of [:Nrec- tom of professional ~ pmvfl:led ~ ttm Subrecipl~Hlt. 2~ ~ and Fa~.illtJe~ Provide services re'Nd utilize tyro ~1~ ~ ~1~ In ~an~ ~ ~ E~~ S~ Gm~ ~mm ~u~ ~~ In ~ U~ S~ ~ ~ F~I ~u~ (~), 24 ~R PeA 5~, ~ ~, I~ ~i~, ~ ~ lim~ ~, ~ F~ml ~ui~.~ ~1~ In ~ 5 ~ 6 ~ · 18 ~c~. 2.3 Pm'ml'm ~ Ucefmi~. Obtain and m~d~Laln 8~ permits, (~rbllcates, arid Ilcefl- see that are required ~ Itm .tal~cl actMtles and of fl'm f~mlllty or tim s~N'vtces o4fered ~n ~ tim State of Texas arid any ottmr ~q]en(des ha~dng r~guleto~ Jurladk:tion ~:wef ~ facility or services. 2.4 Financial ~. Recond flnar~=~al tmnsec~Jons 8,ccondlr~} to accrual accounting prcK:edu~ or devek~p ~ accrual infc.,.ation through arudy~l~s of t~'N~ ~n on t'ulrKJ ar~:l provide an Ind~q:N~rMerrt audit for ~ ~u~pendltures UlX)n recluq~t ~ Manager or ttm .N:l~nt~dzator ~ tyre City's Commun~ ~rdc Division .,;'1=~). 2.5 ~ to Rec~>rd~ Provide access to aM records, documents, mporls, or audits rega~dlr~g We ~ funded cH',der Wis/~4~reement, durlrpg regular busJne~s hours, for purpeses of tyro United States Depe~ of I-Iousk'q~ and Urtmn I:]~w~dOlCNTter~t ('HUD'), t~ City, or CD, in order to concluct auclll~t or monllorlrlg. 2.6 Inl~Nmatlon amJ Rq~or'm. Provide any ir,[orrrm'don pedJr~t to thi~ .a<ln~e~ We C~ Manager. tyro Administrator ~ CC), or HUD may ;,urn time to time request. 2.7 No~Jflcatlon ~ ~. Notify We C~ within ten (10) d~ ~ the scrape, fundk'K~, ~elffk'q~, or services I:~irlg provfl:led ~ tfm Sul:H~c~plemlt Cf~lrtges from Its cur- 2.8 ~ ~ Fur~rl~. ~ 811 fur~:ls ~ for We ~ dsecrlbed arN:l fur~decl under Wis .4q]r~m~mnt and In accordance ~ HUD regulstlorm. ~ ~br~:lple~ ~ mirrd~xse Itm Cdty for all Clty-ixo~ ESG fUrKJS e~ b~/~ Su~ on acth~ttles ~ a~ under Wis .~q~reeme~ or Itmt are ~ In violstlon of HUD ( :al~,ilc ~ FY06(~ Agrr~J:k~ Page2 o~12 SECTION 3. TERM; TERMINATION; NOTICES. 3.1 Term. This Agreement commences on ~ ~ the City Manager executes this Agreement, provided the City's City Council has aplxoved its execution, and terminates on April 30, 2007. 3.2 Tennlnatl~m. Either party maytermlnate this Agreement asofthe last day of any mon~ upon thirty (30) days prior w¥;'uen notice to the other party. (A) Nm notlce~, demands, requests, or repllas pmvtded for or permllted under this Agreement, by either party must be In writing and must be dMvemd by o~e of the following methods: (1) by personal delivery; (2) by deposit with the United Sta~s Postal Service as certified or registered mall, retum mcMpt requestS, postage prepaid; (3) by prepaid telegram: (4) by deposit ~ an overnight express delhmry service, for which service has been prepaid; or (5) by fax transmission. (B) Notice deposited with the United Sta~s PO~al Service tn the manner described above will be deemed effective two (2) business days afar de~ostt w~th the United States Po~tal Service. Notice by telegram or overnight exprmm delivery service will be deemed effective one (1) business day atter t~ansmisston to the telegraph com- pany or overnight express carrier. Notice by fax tmnsmisMon vail be deemed effec- the upon transmission, with proof of confirmed delivery. (C) All such communications must (rely be made to the folowlng: ff to the City: If t~ the Sulxedl~ent: City of Corpus Christi Attn: Admln., Community Dev. P O. Box 9277 Corpus Christi, Texas 78489-9277 (381)826-3045 Office (381) 8441740 Fax Catho~ Chadfl~ Atth: Executive Dimctm' 132.2 Comanche Corpus Christi, Texas 78401 (381)884-0651 Office (381)884-.3956 Fax (D) Either party may change the addrasa to which notice IS sent by using a mettxxJ aet out above. The Submciplent shall no~'fy the City of an address change wflNn 10 wortdng days a~'mr the address is changed. SECTION 4. INSURANCE AND INDEMNITY PROVISIONS 4.1 Uabillty Insurance. The Submclpient shall have In force, throughout the term of this Agreement, Insurance that compiles with the standards In Exhibit A, a copy of which Is aflached to this Agreement and Irtcorporated in this Agreement by ,e;'emnc~. A cerlfftcate evidencing ~ Submclpis~s pmvtsion of Insurance must be provided to the City's Risk Manage~ ('Rick Manager') and the ,N:lmlr~imlur of CD at least ten (10) days prior to any expandltums of ESG funds by the Submciple~ Failure to maintain any of the types and limits of the Insurance required by Exh~31t A is cause for the City Manager o~ the Administrator of CD to terminate this Agreement and cancel any and all reimbumeme. L~ of ESG funds to the SubmcipienL 4.2 Fire and Extended Coverage. The Subrecipient shall also have In force, lhrough- out the term of this Agreement and during the period which the facilities or bulldktg must be maintained as a shelter for the homeless In accordance w~th Section 5.2 of Agreement and 24 CFR ~j576.53, as amended, tim and extended coverage Insurance In the amoun~ Indicated in Exhibit A. Failure lo maintain such Insurance Is cause for the City to terminate fftis Agreement arx:l cancel any and all mlmburseme,[~ of ESG funds to Subrecipient. 4.3 N~ace t~ City. Subrecipieot shall require its Insurance companies, w]T'u~n policies, and certirx~tes of insurance to pmvk:le treat the City must be given thirty (30) days ad- vance notice by the Inaarer prior to cancellation, nonmnewal, or material change of the ~nsurance policies required by F_x~lbit A. 4.4 Right to Re-evaluation and Adjust I..knlts. The Rbk Manager relslns ~ right to rccvaluate the insurance requlrerne.~, during I~ term of this Agreeme~ and adjust tt~ types and IIm~ of such insurance upon Itflrty (30) days w~_,__-,~ notice b3 Submcip- ~ Ir~umnce types arx:l limes may not be adjusted mom fmquen'dy than once a year. 4.5 INDEMNIFICATION. (4) Subreciplent covenants and agrees that it will indemnify and hold City harmless of, from, and ega~nst all claim~ demand~ actions, damages, losses, costs, Iiabilltfes, expenses, and Judgments ~ from or ~ss:~: t~l egairmt the City on account of Injury or damag~ eo peraon~ or proper~ (including, without I1~ on reck) to I~e exeent any ~uch Injury or damage may be incitlent to, or in part, by an act or oral. ion, negligence, or mim:onduct on the acting pursuant to thi~ Agreement and wrd~ or ~ the expre~ or implied inv~l~on or perm~ of the Subreciple~ or on the part of t~e Subreciptent or any of its agents, servants, employees, conblctors, patrons, guest~ licensees, or invftee, entering upon Subreclplent. or when any such Injury or damege is the result. proximate or mmote, wholly or in pert. of the violatk~ by ln- dernntlees, the Subreciplent or any of Its agents, servants, em- p/oyees, conb'aclors, patrons, guests, licensees, or invflees of any law. ordinance, or govemnmnt.l order of any kind. or when any such Injury or damage may In any other way arise from or out of ,:.~lt~4c ~ FYDS06 Agn~ _,~, Page 4 o1' 12 the use or occupancy of the faclllffes by Indemnltees, the Subre- ciptent or any of lt~ agents, servants, employees, ¢or~'a~tors, petJ~ns, guest~ licensees, or Invflees, Including, but not limited to, the failure of t~e Subreclplent to maintain t~m Fecllitfes. current negligence of Indemnitees, but not If such Injury or dam- age may result from gross negl~ or willful misconduct of In- (C) The Subreci~ covenam end agrees t~t, In case the City mede a party to .ny IIUgatkm against the Subreciplent or In any Iiti~tion commenced by any party other than the Subreci~ re- k~Ung fo th~s Ag~ the Subrec~ ~#, upon rec~pt reasonable noffce regarding ~t of Iit~ation gnd at Its se~Us:,.s.,t or other dlsposiffon, defend the City In all based thereon wt~ legal counsel satlsfac~my to I~e Ctly Attorney, and pay all charges of attorneys and ~11 other costs and of any kind whatsoever arising from any Mid claims, demands, ac- (D) The Inclemnlfl~fJ~n provisions of this section survive I~e lermina- ~ or exp/ra//on of th/s Avraa:,.a.qt. 4.6 8ubmclplent Cc,d] ~ ; Independent Co~d~ :;t~r ~l~tua. In no event is the City liable for any contracts made by the Subreciplent with any person, partnership, firm, corpo~u[ion, asaoclaflc~3, or govemrnental body. AIl of the services required by this Agreement must be performed by the Subredplent, or under Its supe~aalon. It is agreed by the parties to b~ls Agreement that Em Submctplent Is an Independent con- tra~ur provkJIng ~ aervk::~ on behalf of the City and that the SubreclplerR may not incur any debts or obtigatlorm on behalf of lhe City. SECTION 5. PROGRAM REQUIREMENTS 5.1 Matching Fund~. (A) The Subreclplent shall matc~ the ESG funding providing by the City with an equal amount of funds from sources off'mr than ESG funds. These matching funde must of this Agreement. Funds used to match a pmvk)us ESG grant may not be used to match a subsequent grant award under ~is Agreement. The Subreciplent may ,'.~aa¥4c C3"'~m FY0~0O ,~gr~ ,k',c Pa0e 5 o~ 12 comply with thts requirement by providing the supplem~,ial funds Itself, or through ~upplemerffal funds or voluntary efforts provided by any non-profit SubmctpieaL In calcub~g tt~e amount of matching funds, l~em may be Inctuded the value of any donated material or building; tt~e value of any lease on a building; any sala~ paid to staff of the Submdpient In carrying out the emergency shelter program; and the gram. determined at the rate of $5 per hour. For the purposes of this sub~ectlon ~B), the Submctl~ent s~all d~ermlne ~ value of any donated rna[~lal or building, or of any lease, using any rneltxx~ reasonably calculated to e~abllsh a fair market value. (C) The Submcipient ~all bill the City on a cost-ce,;;;'~l baals for o~ly thoee ~ specified In this Agreement ar~l which are matched on a dollar-for-dollar bea~ In accordance w~ this Section 5.1 ertl the regulation~ contained In 24 CFR ~j576.51, as amended. The Submctplent shall submit matching funds supfx~ docu~ which must be ~ w~th each Invoice. 5-~ U~e a~ an Emergency Shelt~r. (A) Any building for which ESG funds am used by the Submdplent for renovation for uae aa an emergency .helter for the homeless must be maintained aa a she~r for ~ homeless for not less than a tt~me-ye~ period or, If the grant amounts am used for major rehabilitation or conversion of a building for use as an emeq]en~ for not less than a 10-year period. The ~ree-year and 10-year pedods m~ermd to ~n l~is subsection begin b3 run: (1) In the case of a building that wa~ not ope~ak~l as an emergency shelter for the homeless b~[um receipt of ESG funds under this Agreement, o~ the date of Initial occupancy as an emergency shelter for the hornelesa. (2) In the case of a building that was operated as an emergeacy shei~er for the homeless before receipt of ESG fur~ls under this Agreement, on ~ da~e that grant amounts am flint obligated for the shel~r. (B) Any building for whlct~ ESG fur~s am used for the provision of esaea'dal aervt(~e to the home~sa or payment of maln~ance, operation, Insurance, utility, o~ furnish- ings costs must be maintained as a shelter for the homeless for the period dudng which such assistance Is provided under l~ls Agreement. A sul)sal~e site or shel- ter may be used during ~ period so long as the same general population Is served. For purposes of this subsection, the term 'same general i:mpula'don' (i.e. battered apouse~, runaway children, families, or mer~ally III IndMduals) or per- sons in the same geographic area. (C) Using ESG funds for developing and implemeeting homeless ~ actMtles does not trigger any period of use requirements. 5.3 Building Standards. Any bulldir~g for which ESG funds are used for renovation, major rehabllitatmn, or conversion must meet local government safety and sanitation standards. 5.4 Aaalatance to the I k~wJIell. The Subreciplellt shall assist homeless Indlvtduab and famllias In obtalnlrtg access to appropriate supportive servfl=es, Including permanent housing, medical health I~eab,,ent, counasllng, supervision, and ob"~r servtce~ essen- tial for achieving indeper,:lent IMng. AddlUor.~j, the Submclplent shall asalst home- ~ess Indlv~:luals and families in obtaining acceas to other Federal, State, kx:al, and prl- w,t= aid that may be neceasary to such Individuals and families. SECTION 6. ADDTT1ONAL FEDERAL. REQUIREMEN'r~. 6.1 l~kmdltcdmlrmtk:m And Equal ~nlty. The Subrectplent shall comply with the following requirements: (A) The requlreme,t= of the Fair Housing Act, 42 United Slati~ Code ('U.E.C.') ~3801-19, and Implerrm~ng regulations at 24 CFR Part 100 et seq., as each may be amended; Executive 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 furlher amended; Equal Opportunity In Housing Programs and Irnplementlng ragu- lations at 24 CFR Part 107. as each may be amended; 'Title VI of the CAvil Rights Act of 1964 (42 U.S.C. §~,0(X)d-20()Od-4), as it may be amended; and, Nondlscrlm- ,naUon In Federally Amdsted Programs and Implementing regulatlorm at 24 CFR Part 1, as each may be amended; (B) The pmhibltlorm agalrmt discflmlnatlon on the besls of age under the Age Discrimi- nation Act of 1975 (42 U.S.C. ,~6101-07) and Im~ regulations at 24 CFR Part 148, as each may be amended; and the prohibitions against dMcrlmlnaUon against ob'~erwise qualified Individuals wflh dlsabilltlea under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794) and irnpleme~ng regulaflorm at 42 U S.C. §12101 at seq., and 24 CFR Part 8, as each may be amended. For pur- poses of the ESG funding programs, the term 'dwelling unlts' In 24 CFR Part 8, as ~t may be amended, includes sleeping ac~,~mmodatk)ns; (C) The requlrem~t= of Executive Order 11248 and the euppml regulatlorm issued In 41 CFR Chapter 80, as each may be amended; (D) The requirements of Section 3 of the Housk~g and Urban Development Act of 1968, 12 U.S.C. §1701u, and implementing regulations at24 CFR Part 135 and 24 CFR §570.607(b). as each may be amended: (E) The requlrem~t~ of Executive ~ 11625, as amended by Executive Ordem 12007 (3 CFR, 1971-1975 Comp., p. 616, and 3 CFR, 1977 Comp., p. 139) (Mnor- ity Bu~irmas Enterprleas), as each may be antended; Executive Order 12432 (3 CFR, 1983 Comp., p. 198) (;.'..~lty atmirm~ Enterprise Developrrm~), as each may be amended; and Executive Order 12138, as amended by Executhm Order 12608 (3 CFR, 1977 Comp., p. 393, and 3 CFR, 1987 Comp., p. 248) (Women's Busineas Enterpdas), as each may be further amended; and, :.alx~ic CheneM ~ ).gini. ciD(. P~e / 0~12 ~ F) The requirement that the Submciplent make knovm that use of the facilities and ser- vices is available to all persons on a nondiscriminatory basis. Where the proce- dures that a Subrectplent uses to make known the availability of such factllUes ~ services am unlikely to reach persons with disabilities or pemons of any particular race. color, religion, sex, age, or national origin wffhin Ibe Subreclplent's service ama who may qualify for fi'mm, the Subrecipient shall est~h~sh additional proce- dures that will ensure that trinse persons am made aware of b~ facJfleB and ser- vices The Submclptent shall also adopt and implement procedures designed to make available to I.~,rested persons Information concemlng the ex~tefx~ and location for serv~es and facilities that am accessible to persons with disabilities. 6.2 Al~llcabillt~ of OMB Clmulam. The Subrsciptent shall comply ~ the policies, guidelines, and requimme~[~ that are apl31k3ble to the use of ESG funds set forth in 24 CFR Parts 84 and 85 and United States Olflce of Management and Budget ('OMB') C~rcular No. A-122 as they relate to the acceptance and use of ESG funds. 6.3 I ew'~ b~lld Paint. (A) Subredpient shall comply with ~ sppllcable requlmrnenta of ~ Lead-Based Paint Poisonir~ Prevention Act (42 U.S.C. ~4821-4848), the Reaklenflal Lead- Baaed Paint _l-!-7~rd Reduction Act of 1992 (42 U.S.C. ~4851-4856), and ~ ,mplernenflng regulations at 24 CFR Part 35, as each may be amended. {B) In addition, the Subreciple~ shall also meet Ibe following requlremer~ relating to inspection ~ abatement of defedJve lead-based paint surfaces: (1) Tma;~,~nt of de;ective paint surfaces must be performed b~;'ore final In- spection and approval of any renova[;on, rehabilitation, or conversion acflvtt¥ under this ~nt; and (2) Approprla~ action must be taken to protect shelter occupants from the _h~rds assoc~ted wffh lead-based paint abatement procedures. 6.4 CorlfllctB of Interest. In addition to rite conflict of I[-,k~'est pmvtsk>ns In OMB Cir- culars A-102 and A-110, no ~mon who I~ an employee, egent, c~nsultant, officer, or ~ or appolrfaxi official of rite Subrectplent that receives ESG funds and who exer- caes o~ has exercised any functions or reslXx~lbllltles w~th respec~ to assisted actlvf- ties. or who is In a position to participate In a dec~ process, or who may ~ Inside Information with regard to such actlvffies may obtain a pemonal or financial I.~'- est or benefit from the aclNtty or have an Interest In any contTact, subcontract, or agree- ment wtth respect thereto or business Iies during his or her tenure arid for one year thereafter. HUD may grant an exception to l~ls exdu~on, upon prior w~;E~n approval, as pmvtded In 24 CFR §570.61 l(d), as amended. In the event the Subredplent desires to obta~ an exception to the exctuslon from HUD, lhe Subredl:~ must comply wtth 24 CFR ~570.611 and file a w~mn application, containing full disclosure of the facts, wlbh the Administrator of CD 6.5 Uae el' Debarred, Suapend~l, or Ineligible ~. The pmvtslons of 24 CFR Part 24, as amended, relating t~ the employment, engagement of services, awarding of contracts, and funding of any contractors or subcontractors dudng any ('.al~olc O/len'tiel FY0~)6 ,e, glm. dec PaolBof 12 ~3eriod of debarment, suspension, or placement in ineligibility status, are apl311cabla to ~he Submclplent. 6.6 Rood mm. No site proposed on which renovation, major rehabilitation, or conversion of a bulk:ling Is to be assisted with ESG funds may be located In an area lhat has been identified by the United States Federal Ernefgency Management Agency ('FEIIA') aa having special flood hazards, unless: (1) the community In which the ama rs situated is participating In the National Flood Insurance Program and lhe regulations thereunder (44 CFR Parts 59 through 79), as amended; and, (2) If the ~'uctum is Io- ~ in a special hazard ama, the Submclplent shall ens~ that flood Insurance on the strucl~m Is ob~lned In compliance with Section 102(a) of the Flood Dt~ast~ Protection Act of 1973 [42 U.S.C. ~j~lO12a(a) et seq.], as amended. 6.7 Com~l Barrlem. In accordance with the Coastal Barrier Resources Act, 16 U.S C. ~3501, as amended, no ESG funds may be made available w~ln the ~ Bamer Raaources Syatem. 6.8 Drug Frae Wodqdace Act of 19~8. The Submciplent shall certify that It will mln- tain a drug-frae workplace In accordance with the requlrem~[= of 24 CFR Part 24, Subpart F. as amended. 6.0 Cofleland Act. The Submctplent attall comply with the Copeaaxl 'Ant~dd)ac~ Act. 18 U.S.C. ~j874, as amended and aa aupl:~wm~ted by Unltad States Deparlment of Labor regulations, 29 CFR Part 3, as amended. 6.10 Contract Work Hoam and 8a~ty litandard~ Act. The Subreclplent shall com- ply w{~ Sections 103 and 107 of the Co, bact Work Houm and Saf~y Standards Act, 40 U.S.C. ,~329 and 333, aa amended and as supplem~:l by United States Depart- ment of Labor regulations, 29 CFR Part 5, as amended. 6.11 Audit. The Submcipierff Is subject to the audIt rllulr~nsre of OMB Circular A- l 33. as set forth In 24 CFR Part 45, as amended. 6.12 Relocation and Acqubltlon. Conelstent w~h the other goab and o~ of this Agreement, the S~plent shall ermum that It hae taken all reasonable m to mimmlze any displacement of persons (families. Individuals. and farms) as a ree~It of a project as~sted with ESG funds. SECTION 7. GENERAL PROV~IONS. 7.1 Validity. If, for any m, any section, paragraph, subdiviaton, clau~e, phrase, word, or provision of this Agreement is held Invalid or uncortalYmtional by final Judgment of a court of compa~nt jurisdlctk)n, it shall r~ affect any other section, paragraph, sub- division, clause, phrase, word, or provision of this Agmment, for It is the definite Intent pose. C.,ll~n4k: Ctlultlll FY~606 AgrnLclcK: PIigl 9 ~ 12 7.2 Jurbdlctlon and Venue. 'The ~ of ~ State of Texas govern and am al:H)ll- cable to any dispute arising under t~ls Agreement. Venue is in Corpus Christi, NLx~ces County. Texas, where this Agreement was entered ir~ and ~ be performS. 7.3 Nonexclu~ive Servlcea. NotJ'ting In fi'tls Agreement may be construed as pmhlbl- mance of services similar or Identical to those enume~a'u~l In this Agreement, and nothing In this Agreement may be construed as pmhlbll]ng the Subrectplent from re- ceiving compensation fi'om suc~ addltiortal c~b-actual p~rtles, provided that all other terms of this Agreement are fulfilled. which do not change the essential scope and purpose of ~ts Agreement may be ap- proved on behalf of the City by the City Manager. 7.5 Cople~ ofRule~and RegulaSor~. Coples of some of the rulesand regulations re[emnced In this Agreement have been pmvtded to the Subreclplent as evidenced by Exhlbtt B and Is Incorporated I~-~k~ this Agreement by reference. Arty failure by the City to sueply the Subrectplent w~th any other applicable laws, regulations, ordinances, rules, or pollctes not ~i~cl In Exhlblt B does not waive I~e Subreciplenfs compliance there- wffh as required by law. 7.~ Dl~ck~um of I~tereet. In c~mpilance with Section 2-349 of the City's Code of Ordinances, the Subreciple~ shall compleX, ~e City's L)hck)sure of I,;=rests form, corrq~et~ form, are Incorporated In t~ls document by ,~rence as If fuly set out In this (EXECUTION PAGES FO;._LnW) ~ Cltatfl~ FY0506 A,g~_de,c_ _ Page 10 of 12 day of ~. Executed in duplicate orlglnals this ATI'EST: Armando Chapa City Secretary Ct~ Manager mey STATE OF TEXA~ ~ COUNTY OF NUECE$ ~ This ,n~%lrnent was ~Jlow~K:l before me on ~/~,Jc-'l.~ ~.~,' /'%~2005, by George K. Nc)e, City Manager of the City of Corpus Christi, a Texas municipal home- C-a~'x~c C~'~ ~ FY0606 AgmLdm- Pa~ 11cff12 SI. IBRECIPIENT: CATHOLIC 8OCJAL SERVICE8 OF CORPUS CHRISTI, INC., doing Ixmlne~ ~m CATHOLIC CHARITIES,. Tex~ nonpro~ Pdntecl N~m~ ~.~ ~',':~,~ I vjTbI ~1'~'~ COUNTY OF NUECE8 ~ Notary Pul:~ic, S~u~ of Texas C~-~r~c C~m'IU~ FY08D8 AGmt.d~ F~ge 12 el' 12 EXHIBIT A Subrecic~nt'~ I u~fllttv Ir~umn~e Subrecipient must not commence work under thl~ agreement until all Inaarance required herein has been obtained and such Inaurance has been approved by the City. Submctplent must no~ allow -.ny subconblcax to coa'm'teace work until all s~taar Insurance required of the subcontracax has been obtained. B Subreciplentmu~tfurni~htotheClty'a Rl~kMartagertwo(2)copimo[C;,U~ ' -_c~ln~umncs, attowing the fc~:~wing minimum coverage by Insurance compm"~y(s) a~; hie to Rtak Manager. The City mu.t be n~.ed =. an additional In~umd for all llaidl~ policies, and a blanke~ waiver of subrogation ia required on all al~ttcable policies. 1 2. 3. 4. 5. 6. 7 Ca~llmen:~l Form C In ~e event of acctdenl~ of any kind, Submcipleat ~ ~m~ ~ ~ ~ ~ ~ of all repor~ of auch accidents wflhln 10 day~ of ttte accidenL II AnDITIONA~ RFt3UIRFMFNTS The City of Corpua Chrletl mu~t be named m an eddltional In~umd on the kbglty coverage, and · blanket waiver oi' eui:~ b required o~ al applcable poldee. 'left. * The name of the pmlec*t mu~t be limed undm' "Deecrlp'don of ~* At a minimum, e 30-day wtlttm~ notice of cancellaUon, non-renewal, rm~rlel change, or termination, and a lO-clay written notice of canoallatlon for no~-peyment c4 premium i~ required B If bhe Certificate of Insurance on rm face doe~ not show on rm faoa ttm eocl~ence of the coverage requlmcl by itema 1.B (1)-(7), an authorized r~r,e.~ of the ~naumnce company must include a letter apectflcally stating whelher Itam~ I.B. (1)-7) am included or excluded. END EXHIBIT B ESG COMPLIANCE AFFIDAVrr STATE OF TEXAS ~ COUNTY OF NUECE8 § E,,~ur~x,¥ Shelter Grant 8ubmciplent ("~'1'~! 4.. · ]~,xll'~k-, .aTex~~co,~u,,ak, n,'at~hmeppMd tt~e City of Corpus Christi ('City'). Prior to the start of lhe project f~r which ESG fur~ls were City staff and received copies of the following Federal rule~ and regulal]ont OMB Circular 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 146 24 CFR 570 and 576 41 CFR 60.1 and 60.4 By e0mcutlon of this affidavit, I at tNt that I have received lfte six,ye listed FederM rula~ md regulMJona, ~ ~ have explained the rulaa and mgulatlor~, and I underatand the subreclplent's o~ of performance under theee rules and mgulatlone. J L:/~.t "'~~ : No~ry Publ~ Slate of Texas EXHIBIT C ~A