HomeMy WebLinkAboutC2005-545 - 9/13/2005 - ApprovedEMERGENCY SHELTER GRANT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRI81'I
AND
TIMON'8 MINIS'rRIE8
THE 8TATE OF TEXAS ~
GOUNTY OF NUECE8 ~
KNOW AU. BY THESE PRESENTS:
This agreement ('Aemenmm') is made and entered i.~u by the C~ of Corpu~ ChrlsU.
Texa~ home-ruM munlcipeJ corpo[-Uon ('CRy'), acting l~rough its City Manager ex' rite
¢~ M~neger's designee ("City lhrm~er"), ~ "l"lmon's IWntstrk~ ("~ulw~ciplent"), a
WHEREAS, there being a genuine need for suprx)rt services for peraons who am
homeless and for appropriate facitle8 In which to provide ltm eel'Vtces In the City of
Corpus Chrtatl;
WHEREAS, provtdlng su~ services to persons ~ am homelem promotes the
public welfare, heal~, and 8afety;
WHEREAS, the City Is desirous of pm~llng approtx~e support services to persons
who am homeless;
~ndependent IMng;
WHEREAS, the Subreciplent Is able and desirous of providing Ire ~ eul~ort
services to persons who am homeless and In need of assistance In order to Improve
quality of their fives; and
WHEFF_A,S, the City has allocated Emmgen~ Shelter Grant ('E~G') funds In rite
NOW, THEREFORE, the City a~ the Submcl~ have 8eYemlly and
agreed and, by the execution of Ibis Agreement, am bour~l to Ire mutual obiigatlorm,
SE~ 1. CITY'S FUNDING OBt. IGA71ONS. 'The City agrees to:
1.1 Funding. Provide rite Submcipient not mom than Three 11tmmm~ Doll~m
($3,000) of ESG funds on a relrnbu~ bans.
2O05-545
00/15/0~
M2005-313
PIOI 1 et 12
Timon'~ Minblrlm
1.2 Relmburasment. Reimburse ESG funds to the Subreclplent according to this
Agreement and aa follow~:
Not mom than $3,000 will be reimbursed to the Submciple~ for payment of
rnalnte~ance and operating coats. Reimbursable operating costa DO NOT
include administrative costs, and reimbursable staffing cosis may not exceed
$500 of operating com.
SECTION 2. 8UBRECIPIENT'8 FUNDING OI~MGATIONS. Submdplent agreas
2.1 8taft and Admln~ 8~pfx~L Provide sufficient staff and administrative sup-
port to carry out the stated actlvffies, subefvise the delivery of servtces to homeless
perserm, and provide ~pervtalon and overnight, by the Submctple~. Board of Dimc-
tom. of professional services provided by the Subreclplent.
2.2 Sendeas and Fmdllt~as. Provide services and utilize the facilltlas or bulldlng~ In
accordance w~th the Emergency Shea~ Gran'm Program regulations contained In the
United Stales Code of Federal Regulations ('CFR'), 24 CFR Part 576, as amended, In-
cluding, but no~ Ilmitod to, those Federal requirements contained In Sectlorm 5 and 6 of
2.3 Permll~ and LJcenelng. Obtain and rnalntaln any permits, cerl]'flcate~ and Ilcen-
sas that am required of the stated actMtlas and of the faclty or the services offered
therein by the State of Texas and any other agencies having regulatoW Judsdlcl]on over
the facility or aer~:es.
2.4 Flrmnclal R~ce.~'~. Record financial burmactlona according to accrual accounting
proceclure~ or develop such accrual Info.,,eflon through anal~a of the docu,.e~t~lon
on hand and provide an Indepefxk~ audit for such exbendltume upon request by the
City Manager or the Administrator of the City's Community Devek)pment Division
~'CD")
2.5 Acceae te Reco~lL Provide access to all records, doctzne~m, reports, or audits
regarding the actMfles funded under this Agreern~ dudng regular ~ hours, for
purlx)aea of the United S'~a Department of Housing and Urban Devek)pme~ (I.lUD'),
the City, or CD, In order to conduct audits or monltmtng.
2.e InlV..,,,atlon and Repo~. Provide any Inforrna~n per, mint to thl. Agreement aa
the City Manager, fi'm Admlnlab-k,r of CD, er HUD may from time to time request.
2.7 No~flcatlon of Change. Notlfy the Clty wtthln ten (10) days when the sco~e,
2.8 ~ of Fund~. Expend all funds solely for the actlvffias dascrlbed and funded
under thl8 Agreement and In accordance with HUD regulations. The Submcipient shall
reimburse the City for all Clty-provkied ESG funds expended by the SubreCll:)lm'ff on
activities not aub'x)dzed under this Agreement or that am exper~led In vtoaatlon of HUD
r ~'lla~'m J/~lJl ~ FYO~O~ "l~gI'nl.~C~ Pag~ 2 of 12
2.~ Record Ret~a~. The Submct~ ~mll retain all mClulmcl records for throe
years following the flnat payment made under this Agreement and until all olher pending
mattem are closed.
3.1 Term. ThlsAgmementcommei'meao~thedatel~C.,ityManagerexecuteethla
Agreement, provided the City's City Council hen approved ~ execution, ~ termlna~i
on April 30, 2007.
3.2 Termination. Either party may terminate this Agreement aa of the last day of any
month upon bhlrty (30) days prior w¥~m~n notice to the other party.
(A) All notices, demands, requests, or replies provided for or permlltnd under fl'~
Agreemeat, by either party must be In wilting and must be delivered by one of h'm
following methods: (~) by pemona~ delivery;, (2) by defx~ wah the Unre,d S~i~.
Po~al Service as ce~i;i'.~l or reg'mtemd mall, retum receipt requested, poMage
prepaid; (3) by prepaid telegram; (4) by deposit with an overnight exprm~ clellvery
service, for which service has been prepaid; or (5) by fax tranamlaak)n.
(B) Notice deposited with lf~e United States Postal Service tn fl'm manner described
above will be deemed effective two (2) business days after deport with ~ United
States Postal Service. Notice by telegram or overnight exprmm dellvep/service
be deemed effective one (1) business day after transmission to h'm telegraph com-
pany or ovemight express carrier. Notice by fax banamlaalon will be deemed ~
five upon b',,namlsaio~, wtth proof of confirmed de~lv~ry.
~ C) All such communications must only be made to the following:
City of Corpus ChrisU
At'm: Admln., Community Dev.
P. O. Box 9277
Cofl31~ Ch~, Texas 78489-9277
(381) 82e-3045 office
(381) 844-1740 Fax
Tlmon's IV~nlstrles
Mtn: Executive Director
10510 SPID
Corpus C_,hdetl, Texaa 78418
(3~) e3e-gs33 Ofltce
(381) 937-6196 Fax
(O) Either party may change the addmae to which notice Is seat by using a method set
out above. The Submctplent shall notifytt~e Cltyofan address changewlthln 10
working days affe~ the address Is changed.
SECTION 4. INSURANCE AND INDEMNITY PROVISK)NS
4.1 Uabillt~ Insurance. The Subredplent shall have In force, lhroughout the term of
this Agreement, Insurance lf~ compiles with rite standards in F..~lbit A, a copy of
which is ettnched to this Ag~ and Incorporated In this ~ by reference. A
cerb'flca~ evtcleactng lhe SubrectpMnt's provision of Inaumrme must be provided to the
~'-mor~ ~ FY[t~m~ ,e, gmt. dec Pa~ 3 a~12
City's Risk Manager ('Rl~k Ilarmger') and the Adrnln~,,k,r of CD at least ten (10)
days prior to any expenditures of ESG funds by the Subreclpient. Failure to malrffa~
any of the types and limits of the Insurance required by Exhibit A is cauae for rite City
Manager or the Admlnl~.mlur of CD to terminate this Agreement and cancel any and all
reimbursem~-~ of ESG funds to the Submcipient.
4.2 Rm a~d Extended Coverage. The Subrectl:~ent shall also have In force, through-
out the term of b~s Agreement and dudng the period which the facilities or building must
be maintalm~ as a ahalter for the ho~ in accordance wffi't Sectlo~ 5.2 of this
Agreement and 24 CFR ~576.53, as amended, tim and extended coverage Ir~umnce Irt
the amount Indicated In Exhibit A. Farm to mainteln mJch insurance is cause for ~
City to termlna;~ this Agreement and cancel any and all reknl:xJmements of ESG funds
to Subreciptent.
4.3 No~lce to City. Submciplent shall requlm Its Insurance companies, v,~-u=n policies.
and certificates of Irmumnce to provide that the City must be glve~ thirty (30) clays ad-
vance notice by the Insurer prior to cancellation, nonmnewal, or material change of the
insurance policies required by Exhibit A.
4.4 Right to Re-ev-k~,n and .4~ ami're. The Risk Manager relalns the right to
m cveluate the Irmumnce rl~ulm during rite term of this Agreement and adJuat
the type~ and limits of such insurance upon thirty (30) day~ w~Td~ notice to Subredp-
~ent Insurance types and limits may not be adjusted mom frequently than once a year.
4.5 INDEMNIFICATION.
(A) Submci~t covenants end agrees that it will indemnlly and hold
City harmless of, from, and against all claims, demands, actions,
damages, losses, costs, liabilities, expenses, and Judgments re-
fects) to the extent any such Injury or damage may be incident to,
or ln pert, by an act or omi~sion, negligence, or mlm~onduet on the
acting pursuant to this Agreement and with or without the express
or Implied invita~ or permission of the Sub~eci~ or on the
part of the Subreclptent or any of its agents, servants, employees,
Sub~eci~ or when any such Injury or damage is the result,
proxhnate or remote, wholly or in part, of the vfola~ by ln-
demnitees, the Subreci~ or any of Its agents, servants,
ployees, conba~ patrons, guest~ licensees, or invitees of any
"mer~ 14nbm'k~ ~ ,~gmt.d;,c Page 4 m' 12
law, ordinance, or governmental order of any kind, or when any
such Injury or damage may in any other way arise from or out of
patrons, guests, licensees, or invltees, including, but not limited
to, the failure of the Subreclptent to maintain the Facillffes.
current negligence of lndemnitees, but not if such Injury or dam-
reasonable notre regarding commencement of IIItgatkxt and at Its
own expense, invite all claims and demands, attend to their
stH~m:,..=.-it or other ~ defend the Cltylnallacffons
and pay all charges of attorneys and all other costs and expenses
of any Idnd what~c avsr arising from any said claims, demands, ac-
4.6 SubrecildentCo,~b_~-;IndependentConb ctorl~latu~. InnoeventlstheClty
liable for any oontrac~ made by the Subrecll~nt with any person, partnership, firm,
c(xporatlon, asscx:~aUon, or governmental body. All of the aen4ces reclulrecl by this
Agreement must be performed by the Subreciplent, or under ~ aupen4~on. Itla
~ncur any deb~ or obligations on behalf of the City.
5.1 M~l~dng Fund~
(A) The Submclplent shall nlab~ the ESG funding providing by ale City with an equal
of thl~ Agreement. Funds used b3 match a previous ESG grant may rmt be used to
-m'~o,"~ h~ _FYt"~&~_ _ _ A(imt. doc ~ Bo1'12
match a subsequent grant award under l~ls AgreemenL The Submctplent may
comply with I~la requirement by providing the mJppleme.;a~ funds rmeif, or th~Jgh
supplemental funds or voluntary efforts provided by any non-profit Submdpler~
CB) In calculating t~ amount of matc~ng funds, them may be Included the value of any
donated matmtal or building; the value of any lease on a building; any salary paid ~
staff of the Submctplent in can'ylng out fl-~ emerger~ si'~ter program; and b~e
time and services contrlbuta<l by volunteers to carry out the emergency shelter pro-
gram, de~ermlned at the ia~ of $5 per hour. For the purpoee~ of this subsection
CB), the Subreciplent shall determine lhe value of any donated ma~lal or IxJ~llng,
o~ of any lease, using any method reasonably calculated t~ eatab~lah a fair market
value.
iC) The Subraciple~t ~all bill the City on a COSt-C~[i;;EKI baals for only ~ activities
specified I~ this Agreement a~l which are matched o~ a do~lar-for-dollar basis In
accordance with l~ls Sec~n 5.1 and the regulations contained In 24 CFR ~578.51,
as ame~led. The Subrectplent shall submit mat~hir~ funds a~plx)rt documentation
5.2 I~e a~ an Emergency Sheltm'.
(A) Any building for which ESG funds am used by the Subreciplent for mfxwetlon for
use aa an emergency shelter for the homeless must be maintained as a shelter for
the horneless for not less than a three-year period or, ff the grant amounts are u~ed
for major mhablllta'do~ or converaion of a bulk:ling for uae a~ an emerge~ ahelter,
for not less than a 10-year period. The throe-year and 10-year perkxJa referred to
,n th~s subsection begin te run:
(1) Inthecaseofa buadlngthatwa~ope~d aa an emergency ahelter for ltm
homeless before receipt of ESG fu~ls under this Agreement, o~ the date of Initial
(2) In ffm case of a building that was operated aa an emerger~y ~ for lf~e
homeimm before receipt of ESG funds under fi'tls Agmerner~, o~ rite date that grant
amouffm am first obligated for the shelter.
(B) Any building for which ESG funds am used for the 13mvtalo~ of eaaer~lal ~ervtces to
the homeless or payment of maintenance, o~3~l~lflon, Insurance, utility, o~ furnla~
inga coa~ must be maintained as a ahelter for ~ homeleae for the period dudng
which such asa~3u~e Is provided under l~la Agreerne~ A aubstltu~ site or shet-
ter may be used during this period se long as ~ same general pol3ulafion ia
served. For purlx)Sea of this mJbeectlon, the term "same general polxJatk)n"
(I.e., ~ ~potmee, runaway c~klmn, f~mlllee, or mentally III IndlvJdtm~) or per-
sons In the same geographic area.
(C) Ustr~ ESG funds fl3r devek3ping and Implementing hornek~ prevention activities
does not trigger any period of use mqul~.
-'m~'~ Mu~t~ ~ Agm~l~c F~O~ 6(~ 12
5,3 Buadlng 8tandard~. Any building for which ESG funds am used for renova~n,
major rehabilitation, or convemk)n must rnea~ local govemmer~ safaty and eardtatlon
standards.
5A Aaal~lan~e to the I1~,~1~. The Subrecipie~t sttaH assist h(xneleaa IndMduats
and families In obtaining access to approprla~u supportive services, Including permanent
tial for achieving independent living. N:ldltlonally, the Submclpient shall assist home-
less individuals and families in ob~alrdng access to other Federal, State, local, and pri-
vate aid that may be necessary to ~uch Indlvidual~ and farnille&
SECTION 6. ADOITIONAL FEDERAl. REQUIREMENTS.
6.1 Nm~llecrlmlm And Equal Ofllxxtunlty. The Submcipleet shall comply
iA) The requirements of the Fair Housing Act, 42 United St=~ Code ('U.&C.')
~3601-19, and Iml~emenflng regulations at 24 CFR Part 100 at seq., aa each may
be arnended; Executive ~ 11063, aa amended by Executive On~r 12259 (3
CFR. 1959-1963 Comp., p. 852, and 3 CFR, 1980 Comp., p. 307), aa each may be
furl~er amended; Equal Opportunity In Housing Programs and Irnplementlng regu-
lations at 24 CFR Pat 107, aa each may be amended; TIUe Vi of U~e CMl RJght~
Act of 1964 (42 U.S.C. ~2(XX}d-4), aa It may be amended; and, Nondiscrim-
ination In Federally Assisted Programs and implementing regulations at 24 CFR
Part 1. as each may be amended:
(B) The prohibitions against discrimination on the basis of age under lhe Age Discrimi-
nation Act of 1975 (42 U.S.C. ~101-07) and Irni31ementlng regulations at 24 CFR
Part 146, aa each may be amended; and the prohibitions against dlacrlmlnatk)n
against otherwise qualified Individuals wtb4 dlaabalfles under Section 504 of the
Rehabllltatton Act of 1973 (29 U.S.C. §794) and Implerner~lng regulations at 42
U.S.C. §12101 at seq., and 24 CFR Part 8, aa each may be amended. For pur-
~oses of the ESG funding programs, the term 'dwelling urdts' In 24 CFR Part 8, aa
it may be amended, Indudes sleefllng accommodations;
lC) The requirements of Executive Order 11246 and the ~upplemer~l mgula'dons
i~aued In 41 CFR Chapter 60, as each may be amended;
{ D) The requirements of Section 3 of the Housbg and Urban Development Act of 1988,
12 U.S.C. §1701u, and Iml~emenUng regulatlom at 24 CFR Part 135 and 24 CFR
§570.807(b), aa each may be amended;
(E) The requirements of Executive Ordain 11625, as armmded by Executive Om~m
12007 (3 CFR, 1971-1975 Comp., p. 616, and 3 CFR, 1977 Comp., p. 139) (l~B~or-
ity Business Enterprises), as each may be amended; Executhm Order 12432 (3
CFR, 1983 Comp., p. 198) (Minority Buaine~ E.~taa Development), aa 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. 246) (Women's
Business Enterprise), aa each may be further amended; and,
-,mer~ Mmb~ FYm Agmt.dec 1~7~12
; F) The requlremertt that the Subrectplant mske krx)wn fi'tat use of the facilities and s~'-
vices is available to all persons on a nondiscrlmlr~ry baals. Where the proce-
dures that a Submciplent uses to make known ttte availability of such fadlltlse and
serwcas am unlikely to reach pamons w~th dlsebilltlas or persona of any particular
race. color, religion, sex. age, or national origin wflhin the Subrectl:~mt's service
area who may qualify for them, the Subrectplant shall e~d3aah eddltlonel proce-
dures lhat will ensure that these persons are made aware of the faclUas and ser-
a,es. The Subreciplent shall also adopt and Implement procedures designed to
make available to Interested persons information concomlng the existence and
~3cation for servicas and facllttlas that am accessible to persona ~ dlsebilltle~
gutdellnas, and requlrerner~s that am applicable to the use of ESG funds se~ forth In 24
CFR Parts 84 and 85 and United States ~ of Managemen~ and Budget ('OMB')
Circular No. A-122 as they relate to the acceptance and uae of ESG funds.
6.3 : -I;I t:ugsd Paint.
(A) Subrectpierff shall comply w~ the applicable reClulrern~,[~ of the Lead-Based
Paint Poisoning ~n Act (42 U.S.C. ,~1821-4846), the Rseidendal Lead-
Based Paint Hazard Reduction Act of 1992 (42 U.S.C. ~j~1851-4856), and the
tmplementing regulations at 24 CFR Part 35, as each may be amended.
(B) In addition, the Subreclpla~ shall also meet the following requirements relating to
inspect]o~ and abatement of d~'~=tlve lead-based pak~t surfacse:
(1) Treetrm~ of defective paint surfaces must be perf~.,ed before final In-
spection and approval of any rerxwatlon, rehabiltatlon, or conversion act]vffy under
this Agreement; and
8.4 Confllc'm of Intem~t. In addition to tfte conflict of In'rarest pmvl~ona In OMB Clr-
culam A-102 and A-110, no parson who 18 an mnpioyee, agent, corm~ttant, officer, or
elected or al31x)i~ed official of the Subrecipient that receives ESG funds and who exer-
cises or has exercised any function8 or msponsll~lltlas ~ raspect to assisted ecrM-
lies. or who is in a ~ to parl]cipate In a declalon-makJng pmcses, or who may gain
tnslde information wYd~ regard to such actMtlas may ob~ln a peraoneJ or financial Inter-
est or benefit from the actlvtty or have an Interest In any c~-,bact, subconl]-a~ or agree-
merit with rmtpect thereto or business ties during his or her tanum and for one year
thereafter. HUD may grant an eXCel:~ion to this exclusion, upo~ Ixlor WTi"u~m appm~l,
as provided In 24 CFR ~570.61 l(d), as antended. In the event the Submciplent desires
to oblaln an exceplion to the exclusion from HUD, ~ Subredl:~mt must COmldy wfltt 24
CFR ~570.611 and file a written al~llcatlon, co.[=~ning fu;I dlsctoa~ze ofthe facts, with
the AdminluE~.tur of C,D.
6.5 Use of Debarred, Suspended, or Indglde Cone-scrota. The provisions of 24
CFR Part 24, as amended, relating to fi'ts employme~ angageme~t of se~4ces,
awarding of coHhacts, and funding of any contractom or subconfl'a(~rs d~lng any
',~,e~t I~fl~le~ FY~,~ ,~mt. doc PegeSef 12
~ of debarment, suspension, or placement in ineligibility status, are ap¢lcabie to
the Subredplent.
6.6 Rood Irmurance. No site proposed on which renovation, major rehabilitation, or
convefsio~ of a building is to be assisted with ESG funds may be located In an area that
has been Ide~,;;[',ed by the United States Federal Emergency Management Agency
('FEMA') as havtng special flood hazards, unless: (1) the cornmunlty In which the area
~s situa~,d Is particlpa'dng In the Natiof~ Flood Insurance Program and the regulations
thereunder (44 CFR Parts 59 through 79), as amended; and, (2) If the structure is lo-
cated in a special h-7md area, the Submcipient shall ermum that flood Insurance on the
structure is obtained in compliance with Section 102(a) of the Flood Disaster I~ote,uik)n
Act of 1973 [42 U.S.C. ~j~4012a(a) et seq.], as amended.
6.7 Coastal Bardem. In accordance with ~ Coastal Barrier Resot,'cas Act, 16
uSC..~3501, as amended, no ESG funds may be made available ~ the Coastal
Barrier Resources System.
6.8 Drug Free Workplace Act of 1988. The SubmctCent shall cerlffy that It will main-
taln a drag-frae workplace In accordance wflh ~ requirements of 24 CFR Part 24,
Subpart F. as arnerx:led.
6.g ~nd Act. The Submciplant shall comply with the Copaland 'Anfl-K]ckback'
Act. 18 U.S.C. ~j874, as amended and as supp~ernented by United States Deparlment of
Labor regulations, 29 CFR Part 3, as amended.
6.10 ConlractWork Houm and 8afetyStendmd, Act. '1'heSubractplent shallcom-
ply Mth Sections 103 and 107 of the Co,,bact Work HOLm and Safety Standards Act, 40
U.SC. ,~.=k'"129 and 333, as amanded and as ~pplemented by Unlied Stal3as Depark
ment of Labor regulations, 29 CFR Part 5, as amended.
6.11 Audit. The Submcipiant ts subJect to the audIt requimments of OMB Clrcular A-
133. as set foil.;, in 24 CFR Part 45, as amended.
6.12 R~ocation andAcqulaitlon. Conalstm~twflhtheothergoaisandobJectiveaof
this Agreement, the Submclplant shall anaum that It has ~ all rease~able atepa to
mInimize any displacemant of persor~ (famiNes, Individuals, and farms) as a rasuIt of a
project assisted with ESG funds.
9E~ 7. GENERAL PROVI8K)NS.
7.1 VMIdlty. If, for any mason, any asctlon, paragraph, subdivision, ciauas, phrase,
word, or provision of this Agreement is held Invalid or uncon~[dttorml by final Judgment
of a co~rt of competent Jta'isdlc~n, It shall not affe~ any other section, paragraph, sub-
divtsk)n, clause, phrase, word, or provision of this Agmemm~ for It Is the deflrd~ Inte~
phrase, word, and pmvt~on of this Agreement be gl~sn full force and ~ for Its [X,l'-
~"~°n~ Ml~kle~ I=Y~]~ A~cloc Page 9¢ 12
7.2 JurlmJIctlon ~ Venu~. The laws of the State of Texas govern erld am eppll-
cable to any dispute arising under ~is AgreerTmnt. Venue is in Corpus Christi, Nuecos
Co~Jnty. T~r, as, ~ th}~ AgllNN~ent was erfl~n~ ~ and must be peffo,m-,ecl.
7.3 Nonaxclumlve Samdce~. Nothln~ In ~ ~~ ~ ~ ~ aa ~
ti~ ~ Su~~ ~m e~ I~o ~ ~ ~d~l ~ ~ ~ ~r-
m~ ~ ~ a~r ~ ~ ~ ~ enu~ ~ ~ ~~ a~
~ In ~ ~~ ~y ~ ~nab~ ~ ~~ ~ S~~m ~
te~ ~ th~ ~~ ~ ~1~.
7.4 Modlflcal]ona. M(x:llltcaUons to this Agreement am not effective unless signed by
a duly aul~rtzed representative of each of !~ parUes to ~ls Agreemer~. Modlflca'dons
proved on behalf of the Clb/by lhe City Manager.
the Subreclplent's ESG Compliance Affldavff, which is attached to this Agreement as
Exhibit B and is incorponM~l Ir~ this Agreement by reference. Any failure by tt~ City
t~ supply the Subreciplent wffh any other appllcabie laws, regulation, ordinances, rules,
or policies not atated In Exhibit B does not waive the Subreclplent's compliance there-
w~th as required by law,
7.6 Dlaclo~ure of Ir~mat. In compliance with Section 2-349 of lhe City's Code of
Ordinances, the Subrectplent shall cornple~ the Clty'e D~sc/oaum of Interest~ form,
which is attached to l~ls Agreement ae E)thildt C, the co~ents of which, as a
completed form. are Incorpo~,~:l In this docume~ by ,~,',~,r~ce as If fully set out In this
(EXECUTION PAGES FOLLOW)
~'~ Mm~rrte~ F¥~a~ ,~mt.doc Pag~ 10 of 12
Executed In duplicate originals this
ATTEST:
CITY OF CORPUS CHRISTI
C~y Secremry
for the C_.aty Att~mey
ACKNOMP ~r~BMENT
STATE OF TEXAS ~
~ KNOW ALL BY 'FI.IF.~E PRE8ENTS:
COUNTY OF NUECE8 ~
George K. Noe, City Manager of ttm City of Corptm Christi. a Texas mtmlcipal home-
rule corpcauUon, on beha~ of the corpomUon.
SUBRECIPIENT: TIMON'$ MINISTRIES, · Tex~ nonprofit co~
ACKNOWLEDGMENT
STATE OF TEXAS ~
COUNTY OF NUECE$ J
~f.,',..t. ~~'~,,,,,,,~ . In hls/her capacity as the ¢.,,~"~-It.-~.,,,~ "~(¢r,-
of Tlmo~'s Ministries, a"l~xas nonl:H~flt ceqxxation, o~ behalf of the coq)oration.
"~r~ Mlnl~rle~ F'Ymm~ A~ I~ 120f12
EXHIBIT A
INSURANC~ F~r~
Sub~~ I ~ Imm~c~
A
Submcipie~ must not commence work under lflis agreement until all inaurance required
heroin I~s been obtained and such insurance has been approved by the City. Submciplent
must not allow any aubconlzactm' to commn~ work until all alm~ar Imrm~ required of the
B
Subraclplent mu~t fumMh to the City'a I:~k Manager two (2) cq~e of C, ertll~=Mea of Ina4zance,
,howk'~ the fo~lowing minimum coverage by m~mnce company(s) accep~ble to the City's
Riak Manager. The City muat be named aa an additional Insured for all Ilal:~ty pollciM, and a
blanket waiver of subrogat~3n la required of~ all applicable policies.
30-Dray Irlim nMk:~ of :-- ~= i= sJc ~, mllldll
wfll~. ~ of --~' ~J~n for no~ p_y.~w:4 M'
$1,000,000 ~ ~MI ~
C. In the event of acctdent~ of any kk~l, Subrectple~mustfumishtheRMkManagerwflhcot:~es
of .11 ral~orla of such accl~n'm wflhk~ 10 day~ of the .cctde~.
II AnD~I RF~IRFMF~
Cerlfficate of Insurance:
The City of Coq~ Chrl~ m~ be named aa an additional mural o~ the Ikablty
coverage, and a blanket waiver of .ubroget~ la required on all .ppiicab~ poid~.
ffyour Irmumnca company u~M the ~mYIm'd ACORD form, the,--~c~ tlen dauae
* The name of ttm im3lect mu~t be II~cl under 'Deaodption of OperatJon~'
At a minimum, a 30-day wrltl~n notre c~ cancatlatlon, not,renewal, matedal
change, or termination, end a 10-day~ nc~ice of ~ for non-payme~
premium ia required,
If the ~ of Inaurance on i'm face cloea not show on Ita face the e0datmx~ of
the coverage required by items 1.B (1)-(7), an authorized ret3meentative of the
insurance company muat include a lelter ~:~ffcally .taring whether Items I.B. (1)-7)
am included or excluded.
END
EXHIBIT B
ESG COMPLIANCE AFFIDAVIT
STATE OF 'rEXA~ ~
COUNTY OF NUECES §
Emergency Shelter Grant Subrectpleflt
and 148
24 CFR 570 and 576
41 CFR 80.1 and 80.4
By execution of fl~la affidavit, I attar ttat I hav~ ~ ~ ~ Federal rules and
regulations, City staff has explaln~ the rum and regulatlor~, and I undemtar~ the
Submciplent's obligations of performance under the rules and regulations. Furl~ermom, I
aclmowtedge lftat there may be a~ditional Federal rules and regulations, beyond the rules
and regulations listed above, to which the Subrectplent may be subject to and ~ which
the S~ must comply, in accordance wffh Federal laws.
OMB Circular A-110
OMB Circular A-122
OMB Circular A-133
corix~uibn, which has applied for and been awarded Emergency Shelter Grant ('ESG')
Program funds administered by the City of CorFx~ Christi ('City'). Prior to the start of Ihe
~roject for which ESG fu~ls have been awarded, as the rel~r~o~tatl~ of the above
named s~bmdplent organization ('Subr~lplent'), I met w~th City staff and mceh~ coplee
of the following Federal rules and regulatlorm:
OMB Circular A-102 24 CFR Part 1..3, 5, 8, 24, 35, 45, 84, 85, 107, 135
Affiant. o~ oath, swears the followl~ staterne~ am true:
EXHIBIT C
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