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HomeMy WebLinkAboutC2005-546 - 9/13/2005 - ApprovedEMERGENCY SHELTER GRANT AGREEMENT BETWEEN THE CITY OF CORPtJS CHRISTI AND THE ARK ASSES.aMENT CENTER THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENT~: This agreement ('Agreement') is made and entered Into by the City of Corpue Christi, a Texas home-rule municipal corpo[~,Uon ('city'), acting through Its Cly Manager or the City Manager's designee ('City Manager'), and The ARK A.saemmlent Center and Emergency Shelter for Youth ('SubmcllMent'), a nonprofl~ corporation organized m'~cler the laws of the Sta~e of Texas. WHEREA8, them being a genuine need for support services for pemons who am hornek~s and for al~ropr~, facilities In which to provide the services In the City of Corpus Chrma; WHEREAS, providing support service~ to peraons who are homeless promotes lfte public welfare, health, and safety;, WHER:EA~, the City Is deaJmus of providing appropriate support se~'tces to pemons who are homeless; WHEREAS, the Submctplent is able and clealrous of providing the appropriate support se~fces to persona who am homeless and In need of assistance In order to improve ~ quali~y of their lives; and WHEREAS, Itm City has alocated Emergency Shelter Grant ('ESG") funds In amount of $13,000 to the Submdpient for ess~ance In providing support aervtces for NOW, THEREFORE, the City and the Subradpient have aevemlly and c~llecltvely at;Feecl and, by the execution of Ibis Agmernent, am bound to the mutual obllga'dom, SECTION 1. CITY'S FUNDING OBUGATIONS. The City agrees to: 1.1 ($13,000) of ESG fimnd8 on a reimbursement bans. 2005-5,1~ 09113/05 doc M2005-313 Ark ~smem! Center Fundlr~. Provide the Submctplent not mom than Thirteen Thouaand Doilam Pag~ 1of 12 1.2 Relmbumement. Reimburse ESG funds to lite Subreciple~ according to Agreement and as follows: iA) Not mom than $7,000 will be reimbursed to the Subrectple~ for the proviMon of essential services to the homeless. {B) Not mom than $6,000 will be mlmbumed t;) lfm Subreclpkmt for payment of maintenance and operating co~. Reimbursable operating cost~ DO NOT Inciude admini~%,e costs, and reimbursable =~=;;ng costs may no~ exceed $1,200 of SECTION 2. SUBRECIPIENT'8 FUNDING OBMGATIONS. Subrectpie~ agrees to: 2.1 ~taff and Adminlgrrative Support. Provide sufflcie~ staff and administrative mJp- pon to carry out b"m stated actMtles, supervise the dellvew of services to homeless persons, and provide supervision and overnight, by the Subrectplent'$ Board of Dlrec- tom. of profesa~nal servtces provided by the Subrecipierff. 2.2 8er~d~ m'M Facilltlea. Pmv~le services a~ ~1~ ~ ~ or ~IMI~ In ~~ ~ ~ ~~ S~r Gm~ P~ ~u~ m~l~ In ~ Un~ ~ ~e ~ F~eml ~~ (~F~), 24 C~ ~ 5~, m a~, ~ cl~i~, b~ ~ ~ ~, ~ F~I ~~,~ ~~ In ~ 5 a~ 6 ~ 2.3 Permil~ and LJcetmlrtg. Obtain and malntatn any permits, certificates, and Ilcer~- sea that are required of the stated aclMtles and of the factl~ or the services offered therein by b"m Sta~ of Texas and any olYtet' agencies having regulatory Jm'lsdk::tion over the facility or sewtces. 2.4 Financial Recorda. Record financial trarmactk:~m according to accrual accounting procedures or develop such a, cc~Jal Information t~rough analy~s of the documentation on hand and provkJe an independe~t audit for suc~ expertdltures upon request by the City Manager or the Admlnl~-tur of the City's Community Developrnent DNislon ~-CD') 2.5 ~ to Records. Provide access to all reconda, docurmm~, report~, or aucllta regarding the activities funded under b~is Agreerner~, during regular IxmJness hours, for purposes of the U~lted St, ks Departmer~ of Housing and Urban Developme~ ('HUff), the City, or CD, In order to conduct aud~ or monitoring. 2.6 Information and Reporl~. Provide any Information pertlmmt to tt~ts Agreeme~ as the City Manager, rite Admlnl=~-~ur of CD, or HUD may I',um time to time request. 2.7 Notiflcation of Change. Notlfy the Clty wtthin ten (10) days when the scope, funding, staffl~, or services being pmvtded by the Subrecipie~ changes from Its c~r- 2.8 Uae of Fund~. Exper~ all funds solely for the ectlvftk~ described and funded under this Agreement and in accordance ~ HUD regulations. The Subredplent st~ell reimburse the City for all Clty-pmvid~ ESG funds expemled by t]~e Submciplent on · rk Aaae~n e~ CV F'Y~r,m~ A,gmt. o~x: PaGe 2of 12 activities not authorized under this Agreement or that am expended in violation of HUD statutDry and regulatory provisions. 2.~ ~ Re'~a~lm~. The Submcipient shall re~ain all required racorda for throe years following the final payment made under this Agreement and until all other pending matters are closed. SECTION 3. TERM; TERMINATION; NOTICES. 3.1 Term. ThlsAgreementcornme~meao~thedatetheCltyManegerexecu'e~lt~ Agreement, provided the City's City Council has approved I~ execution, and terrnlna~ on April 30, 2007 3.2 T®rmlaatlon. Either party may termk3ate this Agreement ae of Ute last day of any mo.ih upon thirty (30) days prior written notice t~ the other party. (A) Ail notices, demands, requests, m' replies provided foror pern'G'u~d under l~is Agreement, by either party must be In writing and must be delivered by one of fl'~ following methods: (1) by personal dellv~/; (2) by deposit wflh the United States I)mpaid; (3) by prepaid telegram; (4) by dapo~ wtth an ovemlgM express deilve~ service, for which service has been prepaid; ~ (5) by fax b'anami~sion. ~B) NoUce dafx)sited with the United States Postal Service In the rnanne~ described above w~l be deemed effective two (2) Ix~siness days after deposit wflh the Untted State~ Po.~; Ser~:e. Notice by telegram or ova'night express deavery service be deemed elfectlve o~e (1) buslnese day alter transmission to the lxa4egmph com- pany or overnight express CarTier. Notice by fax transmission wtll be deemed effec- b've upon burmmiselon, with proof of confirmed delivery. ~C) All such communications must only be made to the following: If 1~ the Cftc. If to the Subre~ City of Corpus Christi Attn: Admin.. Commurflty Dev. P. O. Box 9277 Corpus Chris'd, Texas 78489-9277 (3el) 82S-3045 Omce (361) 844-1740 Fax Emergency Shelter for Youth Attn: Executh~ Diractor Corpus Christi, Texas 78410 (381) 241-6568 Office (361) 241-5279 Fax (D) EJther party may change the addm~e to which no~lce is sent by uaing a meltxxl set out above. The Subrectplent shall notify t~ City of an address change within 10 working days ~ the addm~ is changed. ~r~ N~a~r~ C~' FY05(~ ,~gmt_~-._ Page 3 o~ 12 SECTION 4. INSURANCE AND INDEMNrrY PROVISO)N8 4.1 UabJIIty Irmumnce. The Submciplent shell have in force, b'~oughout ~ term of this Agreement, Irmurarx~ that compiles with the Manclarde in F.m~l~t A, ~ copy of which i~ atteched to this AGreement and Incorpomt~ In ~IS AGreement by ~. A cerl~cate evider~ng ~ Submcipie~'s provision of Insurance must be provided to the City's Rtsk Manager ('Riak Marm~er') and ~ Admlnl~-k~r of CD at least ten (10) days prior to any expenditures of ESG funds by ltm Subrecipient. Failure to mal.~dn 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 terminate thIs Agreement and cancai any and all reimbursements of ESG funds to the Submciplent. 4.2 Rm and Extended Coverage. The Submclplent a~all also have In force, through- out ~ term of thIs Agreement mxJ during lyre period which the facllitk~ or building must be maintained as a ahelte~ for the hornek~s In accordance ~ Section 5.2 of thIs Agreement and 24 CFR ~576.53, aa amer~led, tim and extended coverage Irmumnce In the amount Indicated In F_xhlb~t A. Failure to malrrbaln such Irm~xanca Is cause for the City to terminate thIs Agreement and ~ any and all mlrnbursem~,~a of ESG funds ~o Submcipiem 4.3 NolJce to City. Subreciplent si'mil require Its Insurance companies, v.;i~m't policies, and certificates of Irmumnce to provide that tyre City mua be given thirty (30) days ed- vance notice by the Insurer prior to cancallat~on, ~1, or material change of the ,nsurance policies required by Exhibit A. 4.4 Ri~htto Re-evalu~lon and Adjust Umlta. The RJek Manager ratalns Uae rlghtto ~ .-'valuate the Insurance requimm during the term of this Agnmment and adjust the ~ and IIm~ of such insuranca upon thirty (30) days written notice to Submci- pmnt. Insurance types and limits may not be adjusted mom frequently than ortce a year 4.5 INDEMNIRCATION. (,4) Subr~c/~ comants and agrees ttmt/t w///indemn/~ and ho/d C/~/mrm/es~ of, from, and ~inst a//c/a/ms, demend~ ~ danmges, ~ costs, llabilttles, expenses, and Judgnmnts re- the foregoing, workers' compensalJon, death, and premises de- fects) to the extent any such Injury or damage may be Incident to, or ln part, by an act or omlssion, negl~ or misconduct on the acting pursuant to this Agreement and with or wfthout the ~ or Implied invitation or permission of the Subrectp~ or on the part of the Subreclplent or any of Its agents, servants, employees, contractors, patrons, guests, licensees, or invltees entering upon '¥ ~ .'~.~'~ m~ C~* F¥O60~ A, iF~ff, ooc PaGe 4~12 proximate or remote, wholly or in part, of dm Yioladon by In. dernnltoes, the SubreciplM~ or any of Its agents, servants, em- ployees, contrlctors, patrorm, guests, licensees, or Invftees of any law, ordinance, or gotmmmental order of any Idnd, or when any luch Injury or damage may In any other way arise from or out of the use or OCCUpanGy of the fecilitles by Indemnltees, the Subr~ ciptent or any of Its agents, servants, employees, to, the f~llure of the Subreciplant to maintain the FactlWes. (B) These te,,,,s of indemn/flcab~on are effective upon the date of exe- cutlon of thla Agreement and whether such Injury or damage may result from the sole negligence, contributory negligence, or con, current negligence of IndemnNees, but not If such Injury or dim- age may result from gross negligence or willful misconduct of In. demnltees. (C) The Subreciptent covenants and agrees t~at, In case the ~ is made a party to any Iltigs~ against the Subreciplent or In any litigation commenced by shy party other than the Subreciptent re- ladng to thla Agreement, dm Subreciplent shill, upon receipt of reasonable nodce regarding commencement of Iitigatk~n and at its own expense, Investigate all claims and dema~ attend to their · MUan.~nt or other dlaposldon, defend the City In all actkm. Msed ~ w~h ~ couna~ .Usf~'~ry to the Ctty Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arlaing from any saki claims, demands, ac- (D) The Indemn~?,adon provfslons of thla secdon survive the termlrm- don or exphatk~ of thla Agreement. 4.6 8ubrK~ldent CMd]lC~; Independent Cone_ctor 8tltu~ In no event Is the City liable for any contracts made by the Subreciplant with any person, partner~lp, firm, agreed by the parties to this Agreement that the Subreciplent Is an Independent cork b'actor pmvtdlng the services on behalf of the City and that the Subreciplent may not ;r~c~Jr any deb~ or obligations on behalf of rite City. ~, ~ ,'~,a~ er~ C~' F'Yn~_ A~mt. doc F~g~ 5 o1' 12 SECTION 5. PROGRAM REQUIREMENTS 5.1 Matching Fund~. {A) The Subrectptent shall match the ESG funding providing by the City with an equal amount of funds from sources other than ESG ftmd$. These rnatchlng funds mu~t be pmvicled after the date of the grant award to !~ Submciplent ~ the execution of ~ls Agreement. Funds used to match a previous ESG grant may not be used to match a subsequent grant award under this Agreement. The Submciplent may comply with this reclulmrnent by providing the auppleme.ial fur~le Itaelf, or through supplemental funds or ~31un~ary efforta provided by any non-profit Submclple~ ~ B) In calculating the amount of matching funds, Itmm may be Included the value of any donated rnaterlal or building; the value of any lease on a building; any salary paid to staff of the Submcipient in carrying out the emergency shelter program; ar~:l the §me and mco. blbuted by volunteem to carry out the emergency shelter pro- gram, debT, rrnlned at lhe ~ale of $5 per hour For I~ purposes of this aubsectlon (B), the Submdplent shall determine the value of any donated rna~lal or building, oe of any lease, using any method reasonably calculated to esta~lah a fair market ,'clue. (C) The Submciplent shall I~11 the City on a cost-cemfied barn fo~ only those activities ~oecifted In t~is Agmerneflt and which am matched on a dollar-for-dollar basis In accordance with b'ds Section 5.1 and ~ regulations co;~lned In 24 CFR ~j576.51, as amended. The Subredplent shall submit rnatchlng furtcls support documentation which must be provided w~th each invoice. 5.2 Use aa an Emergency Shelter. (A) Any bulk:ling for which ESG funds em used by the Submctplm~ for renovation for use as an emergency shelter for the horrmless must be mal.~-Ined as a ,helter for ~ homeless for not leas than a throe-year period or, If the grant amounts am used for major mhabllitaflon or convemlon of a bulk:ling for uae ss an emergency sheba', for not less than a 10-year period. The ~me-year and 10-year perkxls referred to ,n this subsection begin to run: (1) In the case of a building that wae not ope,-;~d aa an mnergegcy ~ for the homeless be'om receipt of ESG furx:ls under this Agreement, on the date of Initial occupancy as an emergency shelter for the homeless. (2) In the case of a buildlng lfmt w~ operated as an mnergen~ shelter for the homeless b,,'um mcel~ of ESG funds under this Agreement, o~ the date that grant an'mum am first obligated for the shelter. (B) Any building for which ESG funds am used for the provision of e~aentlal mb3 · e homeless or payment of maintenance, operation, Imumnce, utility, or fumish- ~ngs costs must be rnain~alned as a shelter for the homeless for ltm period dudng which such assistance is provided under this Agreement. A suba;;iute site or shel- ter may be used during this period so long as lhe same general population Is served. For purposes of t~is subaectlon, the term 'same general ~' · ~.~ ,,~.~a~e~ ,mt CrT F'~X'.O~ ,,~omt.~:x; F~ eot 12 means eit~r the same types of homeless persons originally served with ESG funds (i.e., battered spouses, runaway children, famlllea, or mentally III Individuals) or per- sons in the same geographic area. lC) Using ESG funds for developing and Implementing homeless prevention aclJvffies does not trigger any period of use requirement. 5.3 BuJIdlng 8tandarda. Any building for which ESG ftxgls am u~ed for renovation, major rahablfltation, or conversion must meet local government safety and sanitation standards. 5.4 A~l~tance to the I Io,,~eteaa. The Subredplent shall asa~t tx)meleas Individuals and families In obtaining access to appropriate supflortlve sawlces, Including permanent tial for achieving independent living. Additionally, the Subreclplent shall assist home- leas indlvidueta and families In obtaining access to other Federal, SIze, local, and pti-- rate aid that may be necessary to such Individuals and families. SECTION 6. ADDITIONAL FEDERAL REQUIREMENTS. 6.1 Nondla~lmlnatlort And Equal Opporttmlty. The Subreciplent shall comply the following requirements: ;A) The requirements of the Fair Housing Act, 42 United SLui=s Code ('U.$.C.') ~3601-19, and Implementing regulations at 24 CFR Part 100 et seq., as each may be amended; ExecutJve Order 11083, as amended by Exec~ve Orfler 12259 (3 CFR. 1959-1963 Comp., p. 652, and 3 CFR, 1980 Comp., p. 307), as each may be further amended; Equal Oflflortuntty in Housing Programs and irnl~ementlng regu- lations at 24 CFR Part 107. as each may be amended; Title Vi of the Civil Rlgh;= Act of 1964 (42 U.S.C..~2(XX)d-2(XX)d-4), as It may be amended; and, Nondlscrlm- ,nation In Federally Assisted Progmrns and Iml:Hementing regulations at 24 CFR Part 1, as each may be amended; (B) The prohibitions agalr~ discrimination on the bas}s of age under the Age nation Act of 1975 (42 U.S.C. ~6101-07) and Implementing regulations at 24 CFR Part 14.8, as eacft may be amended; and the prohibitions against dlscrlndna~n Rehabilitation Act of 1973 (29 U.S.C. §794) and Implementing regulations 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 programa, the term 'dwelling units' In 24 CFR Part 8, aa ~ may be amended, includes sleeping accomrrmdaflons; <C) The requirements of ExeculJve O~:ler 11246 and the supplemental regulations issued In 41 CFR Chapter 60, as each may be amended; (D) The requirements of Section 3 of the Housing and Urban Development Act of 191N}, 12 U.S.C. §1701u, and Implementing regulations at 24 CFR Part 135 and 24 CFR ~570.607(b), aa each may be amended; A~ A~aaaam ant C~. F'Y0~/..,,,.~oc Page 7~f 12 ~E) The requirements of Executive Orders 11625, as amended by Executive Orders 12007 (3 CFR, 1971-1975 Comp.. p. 816. and 3 CFR, 1977 Comp., p. 139) (Minor- ity Business Enterprises), as each may be amended; Executive Order 12432 (3 CFR 1983 Comp., p. 198) (Minority BuNness Enterprise Development), as 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) (Women's Bualne~s En~srprtse), as each may be further amended; and, (F) The requirement that the Subracipient make known that uae of ~ fadlltles and ~er- vices is available to all persons on a nondiacrimlnaLury baals. Where the proce- dures that a Submciplent u~es to make known the availability of such facilities and sennces am unlikely to reach perm)ns with disabi#tle~ or pemorm of any particular .-ace. color, religion, sex. age, or national origin within the Submciplent's mm~ce ama who may qualify for them, the Subreciplent ahall e~[ablish eddEIonal proce- dures that will mm that b'~eae persons am made aware of the facilities and ser- vices The Subrectplent shall also adopt and Implement procedures designed to make available to Interested persorm Information concomlng ~ exlatence and location for services and facilities that am accesalble to pemons wffh disabilities. 6.2 Al~dlcablllty ~1' O~IB Clrculam. The Submclplent N~all comply wlltt ~ policies, guldallnes, and requirements that are app~ceble to the uae of ESG fonds set forth In 24 CFR Parts 84 and 85 and United States C)lflce of Management and Budget ('O~B') Clmular No. A-122 as they relate to the accep~ and use of ESG funds. 6.3 I,-m~ t ~...'1 Pelnt. (A) Subrect~ shall comply wfth the applicable requimrnents of the Lead-Based Paint Poisoning Pmvegtlon Act (42 U.S.C. ~!821-4848), rite Residential Lead- Baaed Paint Hazard Reduction Act of 1992 (42 U.S.C..~t851-485~), and the ,mpternentlng regulations at 24 CFR Part 35, as each may be amended. (B) In addition, the Submcipient shall ~ meet the following nKlulm relating to ,nspectlon and abatement of defective lead-based paint surfaces: (1) Tmab[~mt of cle~ective paint aurfaces must be performed belbre final In- spection and approval of any renovation, rehabil~, or ~ aC'dVlty under this Agreemer~ and (2) ,NXxoprlate ~ must be takea to protect shelter occupa~Le from the 6.4 Confllct~ of Intemat. In addition to ttm conflict of in'em'est pmvlalons In OMB Cir- culars A-102 and A-110, no person who Is an employee, age~t, ~nt, officer, or elected or apfx)lnted official of ~'~ Submclptent that receNes ESG funds and who exer- r. Jaes or has exemtsed any functiorm or malx)nsibilffies with respect to assisted actlvf- ties. or who is In a poNtion to participate In a dedsiommaklng process, or who may gaIn ~nalde information with regard to such actMtles may ot~ln a personal or financial Inter- est or bene~t from ttm aclNlty or have an Interest In any contract, m.~x:ontra~ or agme- rnent with respect ther~o or bualnea~ ties d~'lng his or her tenure and for one year thereafter. HUD may grant an exception to this excfusion, upon prior w]~'~msn approval, t,~ .au~e~,~ C~ Fv06~B Agml.~oc I~ 8 el' 12 as provided In 24 CFR §570.611(d). as amerced. In the event the Subreclple~ dasires to obl~ln an exception to the exciuslon r, um HUD, b~e SubrecJplent must comply with 24 CFR ~570.611 and file a w~-;~un applicatkm, complaining fu~l disclosure of t]'te facts, with the Administ~,~ur of CD 6.6 U~e of ~, Suspended, or Irmliglble Co~d~acto,.. The provisions of 24 CFR Part 24, as amended, rebating to the employment, engagerne~ of services, awarding of cor, bacts, and funding of any contractors or mJbco, bact0rs during any peri<x] of debarment, mJsperm~on, or placement in ineligibility status, are app#cable to the Subreciple~t. 6.6 Flood Irmurance. No site proposed on which renovation, major retmldlltatlon, or conversion of a building la to be as~Jeted with ESG funds may be located In an area that has been identified by the United States Federal Erneq~mcy Managerns~t Agency ~'FEMA') aa havirtg special flood hazards, unless: (1) the comm~.mtty In which the area ,s situated IS parl]cl~ In the National Flood Insurance Program and the regulations thereunder (44 CFR Parts 59 through 79), as amended; and, (2) If the at,.K:tum Is lo- cated in a special hazard area, lyre Subreciplent shall ensure that flood Insu~mx~ on the s'mJctum is obtained In compilance wi~ Section 102(a) of the FkxxJ Disaster Protection Act of 1973 [42 U.S.C. ~34012a(a) et seq.], as amended. 6.7 ~ Barrlem. In accordance with the CoastalBarrlerResourcesAct, 16 U.S.C. ,~3501, as amended, no ESG funds may be mede avallablo within the Coastal Barrmr Resources System. 6.8 Drug Free Workplace Act of 19~8. The Subreciplent stuall certify IJ'mt It will main- Lain a drug-fl'ee workplace in accordance with rite requlremer~ of 24 CFR Part 24, Subpart F. as arnerxJed 6.9 ~aw~l Act. The Subreciplent shall comply with the Copa~and Act. 18 U.S.C. ,~874, as amended and as supplerrmrYmd by United S'u=i=a Department of Labor regulations, 29 CFR Part 3, as arnsmJed. 6.10 ~ Work Hour. and Safety Standan~ Act. The Submciplent shall com- ply wi~ Sections 103 and 107 of the Co, b-ct Work Holm and Safety Standards Act, 40 U.S.C. ~329 and 333, aa amended and as supplemented by United S'~u~,s De~rt- merit of Labor regulations, 29 CFR Part 5, as amer~led. 6.11 Audit. The Submctptent Is subject to the audIt requlreme~ of OMB Circular A- l 33. as set forth in 24 CFR Part 45, as amended. 6.12 Relocal]on and Acqula#]on. Consistent with the other goals and obJecl~ms of this Agreement, the Subrectpient shall er~Jre that It has taken all reasormbie steps to minimize any dlaplac~nt of persons (families, Individuals, and farms) as a re~It of a project assisted with ESG funds. SECTION 7. GENERAL PROVI81ON8. 7.1 VMIdlty. If, for any reason, any section, paragraph, subdivision, ciauae, phrase, word, or pmvfldon of this Agreemer~t is held Invalid or urx:onslJbJl]mml by final Judgment ota c~urt of compelent jurisdiction, it shall not affect ar~y other section, paragraph, sub- division, clause, phrase, word, or provi~on of this Agreement, for It Is the deflnll~ Intent of t)~ parties to this Agl'l~x~ne/lt that ev~ section, paragraph, subdMslon, clause, phrase, woe:l, and pmvtsion of this Agreement be given full force and effect for Its pur- I;)O8~. 7.2 Ju~tk:m and Venue. The laws of the Stuiu of Texas govern and am applk cable to any dispute arising under this Agreement Venue Is in Corpus ~, Nueces County, Texas, where ~ts Agreement was entered Into and must be performed. 7.3 Nonea~ue~ve 8ewvlce~. Not~ing in this Agreerne~t may be cormtrued aa prohibi- ting the Submclplent from entering Into contn~ with additional parties for the per[or- mance of servtces similar or identical to those enumerated In this Agn~wnent, and nothing In this Agreement may be construed as pmhlbrdng the Subreciplent fTom re- terms of this Agreement are fulfilled. 7.4 Modlflcatlm~. Modifications to this Agreement am not effec~ve unlearn e~ by a duly aultlorlzed representative of each of the parties to this Agreement. Modifications proved on behalf of ~ City by the City Manager. the Subreclplenfs ESG Coml:dlance Affidavit, which is attached to this ,~ as ExhlbR B and is incorporated into this Agreement by reference. Any failure by the Cay to supply the Subrectplent with any other applicable laws, regulations, ordinances, rules, or policies 1101: stated In Exhibit B does not waive the Subreclplent's compliance them- with as required by law. 7.11 Dlaclosum of Interest. In compliance with Section 2-349 of lhe City's Code of Ordinances, the Submciplent shall COml:~ the CRy'a D~fack)aure of Intweata form, which is attached to this Agrsernent as Exhibit C, the contel, ia of which, as a coml~eted form, am incorporated i~ this document by reference as ff fully set out In this A~ ~lm~,rd C~r I=YO~8 ,~llTt.doc PI~e 10 or 12 ATI'EST: CITY OF CORPUS CHRJ~I'I Armsndo Chapa ~ A~ City Attorney for the City Affomey City' Manager STATE OF TEXAS J KNOW ALL BY THF.~E PRE~ENTS: COUNTY OF NUECE~ J George K. Noe, City Manager of the City of Corpu~ Christi, a Texas munldpal home- rule corpomikm, on behalf of the corpc, ulJorL SUBRECIPIENT: THE ARK ASSESSMENT CENTER AND EMERGENCY SHELTER FOR YOUTH, · T®xa. nonprofit Signature Printed name ACKNOWI FnGMENT STATE OF TF_XA8 ~ COUNTY OF NUECE$ ~ of The ARK Assessrfle~t Center and Emergency Shelter ~ Youfft, a Texas n(mproflt corporation, on he. If of tl~ corporation. { ¥' ,,~a=..~a~,- NotaryPubllc, State of Texa~ A,~ Aaa~a~lanl C~r F'YO508 Ag~ _,~,,~-_ _ Pag~ 12 o~12 EXHIBIT A II~URAN(~ f~Fr~ Subr,~,~'~ I [at)iNN Insurance A Submcipient must not commence work under thi~ agreement until M Irmumnce requlrm:l herein has been o~.,~h'md and such Insurance ha~ been approved by the City. Submctple~ must r~ allow any subco, b actor to commence work until all similar Insurance required of the subcontmc~ has been obtained. B Submcipient mu~t fumlah to the City's Rbk Manager two (2) cop~ of Ce, Ultcat ~ ~ of Irw~m~ce, showing the following minimum coverage by Irmumnce company(a) acceplable to ltm City~ Risk M~neger. The City must be named a~ an addltlorml Inaumd for all Ilabl~ty I:X:~::ies, and a blanket waiver of subroga'don is required on all applicable pollct~. C. In the even~ of acck:lmYm of any I~d, Subredple~t must fumlah fl'm Rbk Manager wlth coples of all rsporl~ of suc~ a,YJde~t~ wfltfln 10 day~ of the eccident. II Ar~moN~ RF('JUII~E:MFNTS If your Inaurance company tmee the ~tandard ACORD form, Itm om~oMIMlon olmm~ and 'canceled', and deIM~ the word~, 'er.:~avor t~', and cMming the word~g aM. "left". · The name ef the ~ must be listed under 'Descdptlen of Operations" At a minimum, a :~)-day ~n'ltten notice of cancellation, next-renewal, material change, or terrnlna'don, and a 10--day wrilten no6ce of ~ for non-payme~ of premium la required. B If the CerlJffcete of Insurance on Its face does no~ show o~ ~ face the existence of the coverage required by items 1.B (1)-(7), an authorlz~ r~mee~=.,[h~e of the inaumnce company must include a letter ~ectflcally stating ~ Items 1 .B. (1)-7) are included or excluded. END 10-25.-(~ ~p RI~ M~rnl. EXHIBIT B ESG COMPLIANCE AFFIDAVIT STATE OF TEXAS COUNTY OF NUECES Ad~, on ouU% swarm th~ fo~lowlrtg uLuL=mentu ere true: for and beea mean:led Erne~ She~r Grant ("E8G') Progr~n fund~ admlnla~md by OMB Circular A-102 24 CFR Part 1, .3, 5, 8, 24, 35, 45, 84, 85, 107, 135 OMB Circular A-110 OMB Ckcular A-122 OMB Circular A-133 and 146 24 CFR 570 and 576 41 CFR 60.1 and 60.4 By e~cutlon of thl~ aflldavlt, I att~t that I have received the above iated Federal rulm and regulations, Cl~ staff have explained ~ rulee and regulationa, ,and I undemtand .~:moc~p~o obligations of performal'me under theee rulM and mgulationa. EXHIBIT C ]. __l~n d,- nn dndl "'amd f db Cl~._ _;d' _O~n Qdlt hndq nl %~.. 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