HomeMy WebLinkAboutC2005-542 - 9/13/2005 - ApprovedEMERGENCY SHELTER GRANT AGREEMENT
BE'IWEEN THE
CITY OF CORPUS CHRISTI
CHARLIE'$ PI.ACE
THE STATE OF TEXAS
COUNTY OF NUECES
KNOW ALL BY THESE PRESENT~:
This agreement ('Agreement') is mede and e,~:l Into by the City of Corlxm Christi, a
Texas home-rule municipal coqx)mtk~ ('City'), acting through Its City Manager or the
Manages de gnee ('C ty M mger'), and C, oasta Bend Ncoho & Drug Rehabm-
ration Center, Inc., doing busJness aa Charl~'s Place ('Subreglplent'), a nonprofit
corpo,u~on organized under the laws of the State of Texas.
WI4EREA~, there being a genuine need for s~pport services for pemorm who am
homeless and for appropriate facilllies In which to provide the services ~n the City of
Corpus Christi:
WHEREAS, the City Is deelmus of providing appmprtu~ ~pport services to persons
who are homeless;
WHEREAS, appmm au~:~ort services InclLcle decent, safe, and mnllmy N~elter,
rrHadlcal mnc~, cc~rmllng ~pervlalon, and other m essential for achlevir~
~ndepeflderff IMng;
Wt-IEREA~, ttte Subredplent Is able and desiroue of providing the appmpdate support
services to pm who am homeless and in need of ambiance In order to Impm~e the
quality of their fives; and
WHEREAS, the City has allocated Emergency Shelter Grant ('ESG') funde In the
amount of $9,575 to the Subrecipie~rt for assi~dx:e In pmvtdlng support services for the
NOW. THERE--, lyre City and the SubmcipH~ have severally and colectively
agreed and, by the execution of t~ls Agreement, am bound to ltm mutual obligations,
SECTION 1. CITY'S FUNDING OBLIGATIONS. The City agrees to:
11
("kaflle's PIa~,
F.ndl~n Provide the Subreciplent no( mom than Nine 'rhou~and Five Hundred
2005-~42 ~ (~9A'75) of ESG ftzxJs on a re~mburseme~ basis.
09/13/~ :e
Vl2005-313
1.2 Relmbumement. Reimburse ESG funds to tyro Submctplent according to this
Agreement and as follows:
I A) Not more limn $2,545 will be reimbumed to lyre Submciptent for b~m provision
of essential serv~ce~ to the homeless.
(B)
Not mom than $7,030 will be reimbursed to the Submcipkmt for payment of
maintenance and operating costs. Reimbursable operating costs DO NOT Include
edminlatmttve costs, and reimbursable staffing costs may not exceed $1,400 of
SECTION 2. SUBRECIPIENT'8 FUNDING OBUGATIONS. SubrecJpkmt agrees to:
pemons, and provide ~upervfldon and overnight, by the Subreciplent's Board of Dlmc-
tom. of professiorml services provided by fl'm Subrecipient.
2.2 8e~dcea and Facilities. Pmvtcle ~erv~es and utilize the facilities or bulk:lings in
accordance with tJ~e Emergency Shelter Gra. i= Program mgulalt:ms co~dned In the
United States Code of Federal Regulations ('CFR'), 24 CFR Part 576, aa amended, In-
cluding, but not limited to, those Federal requirements cor~lned in Sectlmm 5 and 6 of
2.3 Perm~ and Ucermb~ Obtain and maintain any permlt~, certificates, and licen-
ses that am required of the stated acttvflJes and of b~e facility or the sen~ce~ offered
ther~n by the Sta[u of Texas and any other agencies havir~g mgulato~ Jurledlction ow~r
2.4 RnangiM Records. Record financial transactions according to accrual accounting
procedures or develop such accrual Information through analysis of the documentation
on hand and pmvfl:le an Indeper~lent audit for such expenditures upon mClUeat by Itm
City Manager or the AdrntnMn~or of the City's Community Developme~ Divfldon ('CD').
2.5 ~ to Records. Provide access to all records, doctm'mnts, reports, or audits
regarding the actMtles funded under this Agreement, dudng regular brininess hours, for
purposes of the United States Department of I-lt,.ming and Urban Developmeat ('HUD'),
the City. or CD, ~n order to conduct audits or monitoring.
2.6 Info,,,,~Jon m~J Report. Provide any information pertinent to thb Agreement
the City Manager, the Administrator of CD, or HUD may from tlma to tlma request.
2.7 Notlflcaflon of Change. Noflfy lhe Clty wtthin ten (lO) days when the scope,
furxJIng, staffing, or services being provided by ~ Submclpient changes from its cur-
2.8 Uae o1' Fund~. Expend all funds solely for the actMtk~ described and funded
under this Agreement and In accordance with HUD regutatlon~ The Sulx~tpie~ shall
reimburse ~ City for all City-provided ESG funds expmxJed by I~ Submciplm~ on
I~g~ 2of 12
;ctiv~les no~ authorized under ~is Agreement or that am expended I~ violation of HUD
statutory and regulatory provisions.
2.9 Record Retention. The Submcipient shall retain all required records for Ihree
years following lyre final payment made under b~ls Agreement argl until all olher pending
,nailers are closecl.
SECTION 3. TERM; TERMINA'nON; NOTICES.
3.1 Term. ThlsAgmementcornmenceao~thedatetheCltyManagerexecut~tflla
Agreement, provided the City's City Council has approved Its execution, and terminates
on April 30, 2007
3.2 Termination. Either party may terminate this Agreement as of the last day of any
month upon thirty (30) days prior written noUce to the other party.
(A) AJI notices, demands, requests, ex' repaes provided for or ~ under this
Agme,-nent, by either party must be In writing and must be delvemd by one of the
following metlxxJs: (1) by pemonal delivery;, (2) by ~ wllh the United Stak~
Postal Service as certlfled or reg;~cl mall, retum receipt mquesl~d, postage
pmpald; (3) by prepaid telegram; (4) by depose wflh an ov~rdght express delivery
serwce, for which service has been prepaid: m' (5) by fax transmission.
(B) Notice deposited with lhe United S~'u~ Postal Service in the manner descrbed
above will be deemed effecttve two (2) bu~dness days after deposit with the United
States Postal Service. Notice by telegram or overnight express delivery ~mrvice will
be deemed effective one (1) buaineaa day after Izansrnlsalon to the telegraph corn-
party or overnight exprmm carder. Notice by fax tmnemlsMon will be deemed
live upon bunamlsslon, with proof of confirmed delivery.
lC) AJI such communications must only be made to the following:
If to the
City of Corpus Christi
Attn' Admln., Community Dev.
P. O. Box 9277
Corpus Christi, Texas 78489-9277
(361) 826-~k5 C)~k~
(3611 844-1740 Fax
~1 Bend AJcohol & Drug Rehabilitation
Center dba Charlle's Ptace
Attn: Executive Director
24 N. Co~,by Club Place
Corpus Chrbtl, Texa~ 78407
(3e~) 882-7353 Omce
(361)883-3402 Fax
(D) Either party may change the address to which notice is sent by using a method set
out above. The Subreciple~ shall notify the City of an addreea change within 10
P~. 3 el' 12
SECTION 4. INSURANCE AND INDEMNITY PROV~SK)NS
4.1 L~blllty kmumnce. The Submcipie~t st~ll have In force, ~roughout tyro term of
this Agreement, insurance that complies w~th tyro ui,~ndards in Exhibit A, n copy of
whic~ is att;ached to ~is AQreeme~ and Incorporated In this Agreemer~ by reference. A
cerl~cate evidencing the Subrecip~mt's pmv~on of insurar~ must be provided to the
City's Risk Manager ('RIM(Mmmger') and the Administrator of CD at ~ ten (10)
days prior to arty expenditures of ESG funds by the SutxectplenL Failure to malr~mln
any of the types and limits of the Insurance required by Exhibit A is cause for the City
Manager or the .administrator of CD to terrnlna~e b~is Agreement and cancel any argl ell
reimbursements of ESG funds to the Subreciplent.
4.2 Fire and Ex. haled Coverage. The Subreciplerff ~all also have In force, b~ough-
out rite term of this Agreement and during the period which the facilities or building must
be maintained as a shelter for the homeieas in accordance with Sec~on 5.2 of this
Agreement and 24 CFR ~j576.53, as amended, tim and extmx~ coverage Insurance In
the amount indicated In Exhibit A. Failure to mel.~n mJch insurance Is cause for the
City to terminate this Agreement and cancel any and all relmbumements of ESG funds
to Submciplent.
4.3 NMJce to City. Subreciplent shaU require ~ irmurance ~ompanies, v.~-mm policies,
and carttffcab~s of Irmurance to provide that tyro City must be given thirty (30) days ad-
vance notice by the insurer prior to cancaliation, nonrenewal, or material change of rite
~rmurance policies reclulred by F_xhlblt A.
4.4 Right to Re-evaltmtion and AdJu~ Umlte. The Risk Manager re~lrm the right to
re~valua~e the insurance requimmente during the term of b~da Agreement and adjust
the types and limits of such insurance upon thirty (30) days wH-uun notice to Subrecip-
~ent Insurance bjpes and limits may not be adjusted mom fmqumYdy than o~ca a yser.
4.5 INDEMNIFICATION.
(A) Subreci~t covenants and agrees tJmt It wfll Indemnify and hold
City harmless of, from, and against eft claims, denmnds, actions,
covered from or asserted agalrmt I~ City on account of Injury or
dm foregoing, workers' compensation, death, and premises de.
recta) to the extent any such Injury or damage may be Incident to,
or in part, by an act or omission, negligerme, or mlstmndu~ on the
or implied invftadon or permission of the Subreciplent, or on the
part of the Subrect~ or any of its agents, servants, employees,
Page 4 ~' 12
without the ex~ or Implied Invitation or permission of the
Subreciplent. or when any such Injury or damage Is b~e result.
proximate or remote, wholly or in part. of I~ vfolat~m by In-
demnltees, the Subreciplent or any of Its agents, senmnts, em-
ployees, co,,tracto~ patrons, guests. Iicensee~ or Invftees of any
I~w. ordinance, or governmental order of any kind. or when any
such i~ury or damage may In any of~er way arise from or out of
~ use or occupancy of the f~cilltles by Indemnitees, the Subm-
ciplent or any of Its agents, servants, employees, conlracto~
to. the failure of the Subreci~ to malrriain the Facilities.
(B) These terms of lndemnlllcaffon are effecffve upon the date of exe-
cutfon of this Agreement and :Th.th:: such Injury or d, mage may
re. uN from the ~ negligence, coniri~ negligence, or con-
age may result from gro~. negligence or willful ml.~onduct of In-
demnllm~.
(C) The Subreciplent covenantl and agrees that, In MM the City is
made a party to any Iitigadon against the SubreciptM~ or In any
IWgadon commenced by any party other thin die SubreclplMd re-
~ng to this ~;re~.mt, ~he Subrecipient ~11, upon rec~pt of
reasonable notice regarding commer,~ement of Ilttgatkm and at its
own expense, Inwstl~ate all claims and demands, atl~nd ~o their
s~;ement or other dispose, defend the City In all actions
and pay all charges of attorneys and all other cos~ and expenses
of any ldnd whatsoever arising from any said claims, demands, ac-
4.6 SubreclldentContmc~; Independent Co, d~-ctorSlatu~ I n no event ls the CIty
hable for any corn made by the SubreclpM~ w~ any person, partrmmhlp, firm,
agreed bythe parties k3 ~is Agreemm~ that the Subrecdple~ lash Indepe~:ler~ c~3~-
tractor providing ~e services on behalf of the City and that the Subredplent may not
incur any debl~ or obilgatlon~ on behalf of b"m City.
Peg~ 5o~ 12
SECTION 5. PROGRAM REQUIREMENTS
5.1 Matchlno Fun(~.
(A) The Subrect~ shall match the ESG fundlr~g provk:llng bythe City with an equal
amount of funds from aource~ other than ESG funds. 'lTmee matx:hlng funds mtm
of this Agreement. Funds used to match a prevtous ESG grant may not be used to
match a subsequent grant award under fi'ds Agreement. The Submdplent may
comply with this requirement by providing the aupplernei~tal fta'tds Iteeif, or through
supplemental funde or volu,,Lary efforts provided by any non-profit Subrectplent
(B) In calculating the amount of matching funds, there may be Included the value of any
donated matertal or building; the value of any lease on a building; any salary paid to
staff of the Subrecipient in carrying out the emergency shelter program; and the
time and eervlces c~ntrlbuted by volunteers to carry out the emergency shelter pro-
gram. de~f,,,ined ~ b~e [~te of $5 per hour. For the purposee of this eu~
(B), the Submck)lent shall determine 1~ value of any donated materbd or building,
value.
~C) The Subreciplent shall bill the City on a cost~ basis for only those actMUea
apectfled in this Agreement and which am matched on a dolar-for-dMar baals In
accordance wlth this Section 5.1 and the regulations c~[alned In 24 CFR ~j578.51,
as amended. The Submclplent shall submit matching funds ~Ul)port documentation
5.2 Uae a~ an Emergency Shelter.
(A)
Any building for which ESG funde em used by ttm Subrectplent for m~ova'don for
use as an emergency ahelter for the homeless must be mah~h~'md es a shelter for
the tx)toeless for not lees than a throe-year period o~, If the grant amourds am used
for major rehabllltatk)n or conversion of a building for use aa an emergency shelter,
for not leas than a 10-year period. The b~ree-year and 10-year periods releffed to
in this eubaectJon begin to run:
(1) In the caae of a building that wa~ not operated as an emergency ehelter for the
homeless b~;om receipt of ESG funds under t~ls Agreement, on b~ da~ of Initial
occupancy aa an emergency sh(dter for the horn(des&
(2) In the case of a building that was operated as an emergency shelter for the
homeless before receipt of ESG funde under this Agreement, on the dak~ that grant
amou.i~ am first obligated for ~ shelter.
(B) Any building for which ESG funds am used for b~ pmvtelon of e~enttal a(x,~a to
the homeless o~ payment of mah-,hmance, operation, Insurance, utility, or furnish-
ings coete must be maintained aa a ahelter for the homele~ for the perk3d dudng
which such assistance Is provided under this Agreement. A subeWaJ~ site or shel-
served. For purposes of thts ~bsectlon, the term 'same general popu~on'
C. BDAR C~l~rlk~ Plaice FY~)~0~ A~OIllI__d~C__
P~g~ 6~' 12
means etU'mr the same types of homeless persons originally served with ESG funds
· i.e., battered spouses, runaway children, families, or mentally ill Individuals) or per-
.~ons ,n the same geographic area.
~C) Using ESG funds for developing and ImpiemmYdng homelasa prevention activities
doe~ not btgger any perkxl of use requlrernents.
5.3 Bumk. Stmnd~rd~. Any building for which ESG funds are used for renovation,
msjor rehabilitation, or conversion mu~t meet local govemment safety and sanitation
standards.
5.4 Asai~ance to the Homeleas. The Subreclplent Nmll asatst homelesa Individuals
and farnillea In oblalning access to appropriate supporlNe services, Including permanent
housing, medical health lTeabTmnt, counseling, s~Jpervtsion, and other ~ essen-
tial for actdeving independent IMng. Additionally, the Subreclpient shall assist home-
~ms Individuals and famlllas In obtaining accase to other Federal, State, local, and prl-
vaiu aid that may be necessary to such Individuals and famlllas.
SECTION 6. ADOI'RONAL FEDEI:~M. REQUIREMENTS.
6.1 Nondiscrimination And Equal Opportunity. 'The Submctpient cheil comply with
the follov~ng requlromer~:
The requk'ements of the Felr Housing Act, 42 United St=~,~ Code ('U.S.C.')
~601-19, and Impiernentlng 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
further amended; Equal Of)pmttxdty In Housing Programs arid Implementing regu-
ia'dons at 24 CFR Part 107, as each may be amended; Title VI of tYro CMl Rights
Act of 1964 (42 U.S.C. ~,000d-~), as It may be amended; and, Nondbcrkm
,nation In Federally Asais~ Progmrns and Implementing regulations at 24 CFR
Part 1, as each may be amended;
(B) The prohlbrdons against dlsolrnlnatlon on the baals of age under the Age Discrimi-
nation Act of 1975 (42 U.S.C..~6101-07) and Impiementlng regulations et 24 CFR
Part 14~, as each may be amended; ~ IJ'm Fx'ohlbltions against dlecrlmlnaflon
against otherwise qualified Individuals with disabllltlas under Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. §794) and Iml:~emen'dng regulatlorm at 42
U.S.C. §12101 et seq., and 24 CFR Part 8, as each may be amended. For pur-
poses of the ESG funding programs, the term 'dwelling units' in 24 CFR Part 8, as
it may be amended, includes sleeping accommodations;
~C) The requlremei~ of Executive Older 11248 and ~ supplemental regulations
issued in 41 CFR Chapter 60, as each may be amended;
iD) The requimme,~;~ of Section 3 of the Housing and Urban Development Act of 1988,
12 U.S.C. §1701u, and implementing regulations et 24 CFR Part 135 and 24 CFR
~570.607(b), as each may be amended;
Piigl 7of 12
The requlrerns~s of Executive Orders 11625, as arns~xled by ExeculNe Orders
12007 (3 CFR, 1971-1975 Comp., p. 616, and 3 CFR, 1977 Comp., p. 139) (Mlnor-
~ Business Enterprises), as each may be amer~ded; Executhm Order 12432 (3
CFR. 1983 Comp., p. 198) (Minority Busk'~ss Enterprise Developrne~), as each
may be amended; and Executive Order 12138, as arrterK~ by Executive C)rder
12608 (3 CFR, 1977 Comp., p 393, and 3 CFR, 1987 Comp., p. 245) (Women's
Business E~erprlse), as eac~ may be further amended; and,
IF) The requirement that the Submcipient make known that use of the fadiltlas and ser-
vtce~ is available to all persons on a nor~llscrlmlnblf.~'y baals. Where the proce-
dures that a Subreclplent uses to make know~ the availability of such facilltlas and
servtce~ am unlikely to reach persons with disablitias or pemons of any parl~:~Jar
race. color, religion, sex, age, or national origin within the Submctple~t's service
area who may q~allfy for them, the Submctplent shall establish acidltlonal proce-
dures tJ'~t will ensure tttat these persons am made aware of the factlttlas and asr-
v~ces The Submctplent shall also adopt and Implement pmceduras designed to
make available to interested persons Information concerning the extstenoe and
Iocabon for servtces and facilttlas that are accassibie to persor~ with dlsabilltlas.
6.2 AiN~ilcabillty of O~IB Clrculam. The Subreciplent shall comply with the policies,
guidelines, ~ requirements that are appl~.,abie to the uae of ESG funda set forth In 24
CFR Parts 84 and 85 and United States Office of Management and Budget ('O~B')
Cimular No. A-122 as they relate to the accepl~nce and use of ESG funds.
iA) Subreclple~t shall com~ly with the applicable requlmments of rite Lead-Based
Paint Poisoning Pmver~tton Act (42 U.S.C. ~j~4521-4846), the Reeldenfl~ Lead-
Based Paint Hazard Reduction Act of 1992 (42 U.S.C. ~1~51-4856), and the
~mplerner~lng regulations at 24 CFR Part 35, aa each may be arnerx:led.
I'B) In eddltlo~, the Subrectpient shall also meet the following require relating to
inspec~m and aba~ment of defective lead-based paint surraces~
(1) Treatment of defe~ve paint surfaces must be perfom~ beiom t'~al ~
stx~tion and al~roval of any n~ovatlon, rehabilitation, or conversion actMty under
(2) Appropriate action must be takan to protect shelter occupants from the
hazards associated with lead-based paint abeteme~t procedures.
6.4 Coofl~ d Inl~m~t. In addition to the conflict of Interest provisions In OMB Cir-
culars A-102 And A-110, no parson who Is an employee, age~t, consultant, officer, or
elected or al~olnted official of the Subracipient ~ recelvas ESG funds and who exer-
ties, or who Is In a portion to participate In a decision-melting process, or who may gain
inside In;urination with regard to such activities may c~taln a pemonel or financial InE~r'-
est or ber~ from the activtty or have an Ir~emst In any co,~l~act, subcontract, or agree-
ment wiLh respect thereto or business lJas during his or her tenure and for one year
thematter. HUD may grant an exce~k~ to this exclusion, utx)n prior ~,~.~n approval,
Page 6 el' 12
as provided in 24 CFR §570.611(d), as amended. In the event lfm Submciple~ deakes
to obtain an exception to the exclusion from HUD, the Submctplent must comply with 24
CFR §570.611 and file a written applicatk)n, containing full diecloeum of the facts, wtth
the Admlnl~hutur of CD.
6.6 Flood Insurance. No site prolx)sed on which renovation, major rehab~Htatlon, or
conversion of a building is to be aeslsted wtth ESG funds may be located In an area that
has been k:le,,i;;'~l by the Unltecl State~ Federal Emeggen~ Management Agency
~"FEIIA') as having epectal flood hazards, unless: (1) the cornmunlty In which the ama
,s situated is participating In the National Flood Insurance Program and lite regulations
thereunder (44 CFR Parts 59 through 79), as amended; and, (2) ff the ~ is lo-
cated in a special hn:~'nrd area, the Submci1~nt ehall ensure that flood Insurance on the
stnJctum ia obtain(Jcl in compliance with Section 102(a) of the Flood Dlasster Protection
Act of 1973 [42 U.S.C. §~4012e(a) et seq.], as amended.
6.7 ~ Barrlem. In accordance with the Coasbal Barrier Rasoumee Act, 16
U S C. §3501, as amended, no ESG funds may be made avaiable within the Coastal
Barrier Resources System.
6.6 Drug Fma Workplace .4ct of 1~68. The Submdplent shall certify that It will main-
tain a drug-;,,~e workplace in accordance wtth the requirements of 24 CFR Part 24,
Subpert F. as amended.
Act. 18 U.S.C. §874, as amended and as eupplement~ by Unltecl Stakes De~rtment of
Labor regulations, 29 CFR Part 3, as amended.
6.10 Contract Work Houm and Safety 8tandard~ Acc The Subreclpient shall com-
ply with Sections 103 and 107 of I~ C~,bact Work Hou~ end Safety Standards Act, 40
U.S.C. §~329 and 333, as amended end as supplemented by Unllad States Depart-
merit of Labor regulations, 29 CFR Part 5, as emended.
6.11 Audit. The Submctpient 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 andAcqul~tlon. Coneistentwflh the other goals and obJectt~eaof
this Agreement, the Submctpk~ shall ensure that It has taken all reasonable slops to
rrdnimize any displacement of pemone (families, Indlvtduais, and farms) as a result of a
project asetsted with ESG funds.
SECTION 7. GENERAL PROVISIONS.
7.1 VaJldlty. If. for any mason, any section, paragraph, subdivision, clause, phrase,
wo~cl, or provfldon of this Agreement is held Invalid or uncor~~ by final kxlt;FTmnt
Page Oo~ 12
.~ a court of compe~nt jurisdiction, it shall not affect any other section, paragraph, sub-
d,vlmo~, clause, phrase, word, or pmvislon of this Aore(~Tio~t, for It Is tho deflnll~ intent
of the parties to this Agreement that every section, paragraph, Bubdlvislon, ctause,
phrase, word, and provision of this Agreement be given full force and effect for Its pur-
7.2 Jurisdiction arid Venue. The laws of I~ State of Texas govern and am apl)iF
cable to any dispute arising under this Agreement. Venue is In Corpu~ Chrflitl, Nueces
County. Texas, where this Agreement was entered into and must be performed.
7.3 None~clu~l~ 8ervicee. No~hlr~g In this Agreement
tl~ ~ Su~~ ~m emd~ im ~ ~ ~d~l
mn~ ~ m ~m~r ~ M~I ~ ~ e~~
~ ~~n ~m s~ ~1 ~b~l ~
te~s ~ ~ ~m~ ~ ~1~.
7.4 Modlflcl~lol~. Modifications to this Agreement am not effective unless signed by
a duly authorized represei-~ta;;ve of each of the parties to this Agreement. Modlttcaflona
proved on behalf of the City by the City Manager.
7.5 Cople~ ofRuleeand Reoulatlorm. Coples of some of the ruiesand regulations
referenced In this Agreement have been provided to the Submctpient as eviderx~d by
the Subreclpisnt's ESG Compliance Affidavit, which Is alIached to this Ag~ aa
Exhibit B and is incorpoia'ued into this Agreemer~ by reference. Any failure by the City
or policies not stated In Exhibit B does not waive the Subrectl~kmt's OOml~lance them-
with as required by law.
7.6 Disclosure cd' inte~ In cornpllance with Sect:Ion 2.-,.,.349 of the City's Code of
Ortlinarx:es, the Submciplent shaft COmlY~e the City's Disck)sum of b~im'ests form,
which Is attached to this Agreement as Extdbit C, the conte.lo of ~k::h, 8~ a
completed form, am Incorporated In this documerff by reference aa If Tuly set out In Ibis
PIOI 10or 12
Executed in duplicate originals this .~ __ ,
ATTEST'
C~ Secmta~ r
E'llz~k~h R. Hundley I ~'
for the c~y Attorney ~-..~
STATE OF T'EXA8 I KNOW AU. BY THF~E PREE~NT~:
COUNTY OF NUECES I}
Geo~e K. Nee, City Manager of the City of Corpu~ Christi, a Tex~ munldpal home-
Notary Pul~lc, Slate o~ Texas
Pa~ge 11 al' 12
SUBRECIFqENT: COASTAL BEND ALCOHOL & DRUG REHABILITATION
CENTER, INC., doJng bumJn~u ms CHARUE'$ PLACE, · Texas nonlx~flt
ACIOJOMI1.EDGMENT
STATE OF TEXAS
COUNTY OF NUECE$
KNOW AU. BY THESE PRESENTS:
· This irmtrurrlent was acknowledged beene me on~~~ ~:~ .2005, by
'~c,,.,,-,.-.-.~ ,L k.,,.,,,,. ,.-... , who 18 t~ ~,~-~ ~.,~,--. (.,_m,~,_)
of Coaetal Bend AJcohol & Drug Rehal:drmtion Ce,,b~', Inc., doing btmJneea aa Chadle s
Ptace. a Texa~ nonprofit corporatlort, on behalf of rite corporation.
Page 12 ~12
EXHIBIT A
Sul~V~ LUaN#tv Inaumnce
A. Submctpient muet not commence work under thia agreement until aa Irmurance reqtdred
herein has been obteJrmd and mJch ineufance hae been approved by the City. ~
muat not allow any subcontractor to commer,~ work until all elmiar Irmm'ence required of the
subcordractor has been obtained.
B
Subrectpie~t must fumi~h to the City~ R~k Marmg~ two (2) cople~ of ~ of Irmurmtce,
show~g the following minimum coverage by Irmurance company(e) acceptable to
Riak Manager. The City mu~t be named als an addrdonal Irmumd for all Habllty polk:tee, and ia
pmnamlmmluim~l~mllsm~11~ t m
~ClAL GENERAL LIABIUTY Including:
~ Fo~n
Broad F~rm Prom~ ~
SI.0OO.O00 ~ 8'--'- I mm'nit
C. In the event of accidents of any Idnd, Subreciple~ mu~t fuml~ the FUak Manager wtlh cofli~
of all rel~x~ of such acctdent~ w#hln 10 days of the accident.
II ADDITION~M RFc~uIRFMFNTS
A
Certiflclte of Irmumnce:
and "ca,-x~eled", and dek,ting the worda, "endeavor to", and delMing the we.ding mle~
1'he rmme of the project must be &.~l under 'DeacdpUon of Opemtiorm'
At ia minimum, al 30..day ~ notice of cartcellation, norkmnewal, matedaJ
change, or termination, and a lO-day written nol~e of cancellat~ for rtmt-payment of
premium ia required.
If the Cerl]ficate of Insurer~ce on its face cloee not show on its face the exJeten~ of
the coverage required by ilems 1.B (1)-(7), an au1~rlzed ~ of the
insurance company must Inctude a lelher specifically stating whether Items I.B. (1)-7)
am Included or excluded.
END
EXHIBIT B
E,SG COMPLIANCE AFFIDAVIT
STATE OF ~
COUNTY OF NUECE~
,~ i~,. .,' ,
/ .,, ~ / ,:'
/
Af~n~ ,.' ~.~..,, /. ~ . /'~ ~ ,:
Erneq~ she~r omnt Subr~r~nt
Affiant, on ouU,, sweam the folJowl~ sl~mments am true:
OMB ~r~l~ 24 CFR ~ 1, .3, 5, 8, 24, ~, ~, ~, ~, 107, 136
OMB Clmular A-110
O~ ~
OMB Ckcul~ A-133
and 146
24 CFR 570 ~ 576
41 CFR 60.1 ~nd 60.4
By emcutlon of t~la affldavff., I atilt Itmt I have ~ the above I~Md Federal rides and
regulatfone, City ataff have explained the rulea and regul~don~, and I undemtm~ the
subredptent'e obltgationa of pedormance under theee rulee and reguletlona.
FE~RUAm' ~1, ~ [
EXHIBIT C
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