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HomeMy WebLinkAboutC2006-413 - 9/12/2006 - Approved EMERGENCY SHELTER GRANT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE ARK ASSESSMENT CENTER THE STATE OF TEXAS 9 COUNTY OF NUECES 9 KNOW ALL BY THESE PRESENTS: This agreement ("Agreement") is made and entered into by the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its City Manager or the City Manager's designee ("City Manager"), and The ARK Assessment Center and Emergency Shelter for Youth ("Subrecipient"). a nonprofit corporation organized under the laws of the State of Texas. wtlEREAS, there 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 Corpus Christi: wtlEREAS, providing support services to persons who are homeless promotes the public welfare, health. and safety: wtlEREAS, the City is desirous of providing appropriate support services to persons who are homeless V\lttEREAS, appropriate support services include decent, safe, and sanitary shelter, medical assistance, counseling supervision. and other services essential for achieving independent liVing: wtlEREAS, the Subreclpient is able and desirous of providing the appropriate support services to persons who are homeless and in need of assistance in order to improve the quelity of their lives; anc VVltEREAS, the City has allocated Emergency Shelter Grant ("ESG") funds in the amount of $13,000 to the Subrecipient for assistance in providing support services for the homeless NOW, THEREFORE. the City and the Subrecipient have severally and collectively agreed and, by the execution of this Agreement, are bound to the mutual obligations, performance. and accomplishment of the tasks described in this Agreement. SICTION 1. CITY'S FUNDING OBLIGATIONS. The City agrees to: 1.1 Funding. Provide the Subreclplent not more than Thirteen Thousand Dollars ... u u ~ - --~-~., reimbursement basis. 2006-413 09112/06 V12006- 287 '\1'1-. \ssessfllt.'nt Cent('1 _..~ 1.2 Reimbursement. Reimburse ESG funds to the Subreclpient according to this Agreement and as follows: (A) Not more than $7,000 will be reimbursed to the Subrecipient for the provision of essential services to the homeless (B) Not more than $6,000 will be reimbursed to the Subrecipient for payment of maintenance and operating costs Reimbursable operating costs DO NOT include administrative costs and reimbursable staffing costs may not exceed $1,332 of operating costs SECTION 2. SUBRECIPIENT'S FUNDING OBLIGATIONS. Subrecipient agrees to: 2.1 Staff and Administrative Support. Provide sufficient staff and administrative sup- port to carry out the stated activities. supervise the delivery of services to homeless persons, and provide supervision and oversight by the Subrecipient's Board of Direc- tors, of professional seniices provided by the Subrecipient. 2.2 Services and Facilities. Provide services and utilize the facilities or buildings in accordance with the Emergency Shelter Grants Program regulations contained in the United States Code of Federal Regulations ("CFR''), 24 CFR Part 576, as amended, in- cluding, but not limited to, those Federal requirements contained in Sections 5 and 6 of this Agreement 2.3 Permits and Licensing. Obtain and maintain any permits, certificates, and licen- ses that are required of the stated activities and of the facility or the services offered therein by the State of Texas and any other agencies having regulatory jurisdiction over the faCility or services 2.4 Financial Records. Record financial transactions according to accrual accounting procedures or develop such accrual information through analysis of the documentation on hand and provide an independent audit for such expenditures upon request by the City Manager or the Administrator of the Citys Community Development Division ("CD") 2.5 Access to Records. ProVide access to all records, documents, reports, or audits regarding the activities funded under this Agreement during regular business hours, for purposes of the United States Department of Housing and Urban Development ("HUD"), the City. or CD. In order to conduct audits or monitoring. 2.1 Information and Reports. PrOVide any Information pertinent to this Agreement as the City Manager the Administrator of CD, or HUD may from time to time request. Sub- recipient shall adhere and comply With the reporting requirements mandated for the Homeless Management Information System (HMIS) administered by the City as a condition of receiving funds under this Agreement. 2.7 Notification of Change. Notify the City within ten (10) days when the scope, funding. staffing or services being provided by the Subrecipient changes from its cur- rent level '-Irk AssesUnf-'f!' Ct, ,::\ t\crnt Page 2 of 12 2.8 Use of Funds. Expend all funds solely for the activities described and funded under this Agreement and in accordance with HUD regulations. The Subrecipient shall reimburse the City for all City-provided ESG funds expended by the Subrecipient on activities not authorized under this Agreement or that are expended in violation of HUD statutory and regulatory provisions 2.9 Record Retention. The Subreclpient shall retain all required records for three years following the final payment made under this Agreement or until all pending matters are closed whichever is later SECTION 3. TERM; TERMINATION; NOTICES. 3.1 Term. This Agreement commences on the date the City Manager executes this Agreement, provided the City's City Council has approved its execution, and terminates on March 31 2008 3.2 Termination. Either party may terminate this Agreement as of the last day of any month upon thirty (30) days prior written notice to the other party. 3.3 Notices. (A) All notices, demands, requests, or replies provided for or permitted under this Agreement. by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery: (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; (4) by deposit with an overnight express delivery service, for which service has been prepaid; or (5) by fax transmission. (8) Notice depoSited With the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1 ) business day after transmission to the telegraph com- pany or overnight express carrier. Notice by fax transmission will be deemed effec- tive upon transmission, with proof of confirmed delivery (C) All such communications must only be made to the following: If to the City If to the Subrecipient: City of Corpus Christl Attn Admin Community Dev. POBox 9277 Corpus Christi, Texas 78469-9277 (361 ) 826-3045 Office (361)844-1740 Fax The ARK Assessment Center & Emergency Shelter for Youth Attn: Executive Director 12960 Leopard Street Corpus Christi, Texas 78410 (361) 241-6566 Office (361') 241-5279 Fax (D) Either party may change the address to which notice is sent by using a method set out above. The Subrecipient shall notify the City of an address change within 10 working days after the address IS changed. '~rkAsses".'H-.1i Ct, ;:\J6. ACI11!. Page 3 of 12 ~....~..-, SECTION 4. INSURANCE AND INDEMNITY PROVISIONS 4.1 Liability Insurance. The Subrecipient shall have in force, throughout the term of this Agreement, insurance that complies with the standards in Exhibit A, a copy of which IS attached to this Agreement and incorporated in this Agreement by reference. A certificate evidencing the Subrecipient's provision of insurance must be provided to the City's Risk Manager ("Risk Manager") and the Administrator of CD at least ten (10) days pnor to any expenditures of ESG funds by the Subrecipient. Failure to maintain 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 cancel any and all reimbursements of ESG funds to the Subreclpient. 4.2 Fire and Extended Coverage. The Subrecipient shall also have in force, through- out the term of this Agreement and during the period which the facilities or building must be maintained as a shelter for the homeless In accordance with Section 5.2 of this Agreement and 24 CFR ~576.53. as amended, fire and extended coverage insurance in the amount indicated in Exhibit A. Failure to maintain such insurance is cause for the City to terminate this Agreement and cancel any and all reimbursements of ESG funds to Subrecipient 4.3 Notice to City. SUbrecipient shall require ItS insurance companies, written policies, and certificates of Insurance to provide that the City must be given thirty (30) days ad- vance notice by the insurer prior to cancellation, nonrenewal. or material change of the Insurance poliCies required by Exhibit A. 4.4 Right to Re-evaluation and Adjust Limits. The Risk Manager retains the right to re-evaluate the insurance requirements during the term of this Agreement and adjust the types and limits of such insurance upon thirty (30) days written notice to Subreci- pient. Insurance types and limits may not be adjusted more frequently than once a year 4.5 INDEMNIFICATION. (AJ Subrecipient covenants and agrees that it will indemnify and hold City harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments re- covered from or asserted against the City on account of injury or damage to persons or property (including, without limitation on the foregoing, workers' compensation, death, and premises de- fects) to the extent any such injury or damage may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the City, its officers, employees, or agents ('llndemnitees'?, acting pursuant to this Agreement and with or without the express or implied invitation or permission of the Subrecipient, or on the part of the Subrecipient or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon ~<rk Asse~~,('h~r-)' (::tr ;:::-) - f\C;!nt Page 4 of 12 ....., the facilities being used pursuant to this Agreement and with or without the express or implied invitation or permission of the Subrecipient, or when any such injury or damage is the result, proximate or remote, wholly or in part, of the violation by In- demnitees, the Subrecipient or any of its agents, servants, em- ployees, contractors, patrons, guests, licensees, or invitees of any 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 the use or occupancy of the facilities by Indemnitees, the Subre- cipient or any of its agents, servants, employees, contractors, patrons, guests. licensees, or invitees, including, but not limited to, the failure of the Subrecipient to maintain the Facilities. (8) These terms of indemnification are effective upon the date of exe- cution of this Agreement and whether such injury or damage may result from the sole negligence, contributory negligence, or con- current negligence of Indemnitees, but not if such injury or dam- age may result from gross negligence or willful misconduct of In- demnitees. (0) The Subrecipient covenants and agrees that, in case the City is made a party to any litigation against the Subrecipient or in any litigation commenced by any party other than the Subrecipient re- lating to this Agreement, the Subrecipient shall, upon receipt of reasonable notice regarding commencement of litigation and at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend the City in all actions based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said claims, demands, ac- tions, damages, losses, costs, liabilities, expenses, or judgments. (DJ The indemnification provisions of this section survive the termina- tion or expiration of this Agreement. 4.8 Subrecipient Contracts; Independent Contractor Status. In no event is the City liable for any contracts made by the Subrecipient with any person, partnership, firm, corporation, association or governmental body. All of the services required by this Agreement must be performed by the Subrecipient, or under its supervision. It is agreed by the parties to this Agreement that the Subrecipient is an independent con- tractor providing the services on behalf of the City and that the Subrecipient may not Incur any debts or obligations on behalf of the City. \rk ASSeSS:Tlfn' ell ;::y :is: 7 A.qmt c' Page 5 of 12 _..- SECTION 5. PROGRAM REQUIREMENTS 5.1 Matching Funds. (A) The Subrecipient shall match the ESG funding providing by the City with an equal amount of funds from sources other than ESG funds. These matching funds must be provided after the date of the grant award to the Subrecipient and the execution of this Agreement. Funds used to match a previous ESG grant may not be used to match a subsequent grant award under this Agreement. The Subrecipient may comply with this requirement by providing the supplemental funds itself, or through supplemental funds or voluntary efforts provided by any non-profit Subrecipient. (8) In calculating the amount of matching funds, there may be included the value of any donated material 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 services contributed by volunteers to carry out the emergency shelter pro- gram, determined at the rate of $5 per hour. For the purposes of this subsection (8) the Subrecipient shall determine the value of any donated material or building, or of any lease, using any method reasonably calculated to establish a fair market value (C) The Subrecipient shall bill the City on a cost-certified basis for only those activities specified in this Agreement and which are matched on a dollar-for-dollar basis in accordance with this Section 5.1 and the regulations contained in 24 CFR S576.51, as amended. The Subrecipient shall submit matching funds support documentation which must be prOVided with each invoice 5.2 Use as an Emergency Shelter. (A) Any building for which ESG funds are used by the Subrecipient for renovation for use as an emergency shelter for the homeless must be maintained as a shelter for the homeless for not less than a three-year period or, if the grant amounts are used for major rehabilitation or conversion of a building for use as an emergency shelter, for not less than a 1 O-year penod The three-year and 1 O-year periods referred to in this subsection begin to run' (1) I n the case of a building that was not operated as an emergency shelter for the homeless before receipt of ESG funds under this Agreement, on the date of initial occupancy as an emergency shelter for the homeless. (2) In the case of a building that was operated as an emergency shelter for the homeless before receipt of ESG funds under this Agreement, on the date that grant amounts are first obligated for the shelter (8) Any building for which ESG funds are used for the provision of essential services to the homeless or payment of maintenance, operation, insurance, utility, or furnish- ings costs must be maintained as a shelter for the homeless for the period during which such assistance is provided under this Agreement. A substitute site or shel- ter may be used during this period so long as the same general population is served. For purposes of this subsection. the term "same general population" "'rk AsseSSillP!l! elf "y 7 A.omt Page 6 of 12 means either the same types of homeless persons originally served with ESG funds (i.e , battered spouses, runaway children families, or mentally ill individuals) or per- sons in the same geographic area. (C) USing ESG funds for developing and implementing homeless prevention activities does not trigger any period of use requirements. 5.3 Building Standards. Any building for which ESG funds are used for renovation, major rehabilitation. or conversion must meet local government safety and sanitation standards. 5.4 Assistance to the Homeless. The Subrecipient shall assist homeless individuals and families in obtaining access to appropriate supportive services, including permanent housing, medical health treatment. counseling, supervision, and other services essen- tial for achieVing independent living Additionally. the Subrecipient shall assist home- less individuals and families In obtaining access to other Federal, State, local, and pri- vate aid that may be necessary to such indiViduals and families. SECTION 6. ADDITIONAL FEDERAL REQUIREMENTS. 6.1 Nondiscrimination And Equal Opportunity. The Subrecipient shall comply with the following requirements: (A) The requirements of the Fair Housing Act, 42 United States Code ("U.S.C.") ~3601-19, and implementing 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 Opportunity in Housing Programs and implementing regu- lations at 24 CFR Part 107. as each may be amended; Title VI of the Civil Rights Act of 1964 (42 U.S C ~~2000d-2000d-4), as 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 the Age Discrimi- nation Act of 1975 (42 U.S.C. ~~6101-07) and implementing regulations at 24 CFR Part 146. as each may be amended; and the prohibitions against discrimination against otherwise qualified IndiViduals with disabilities under Section 504 of the 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 programs, the term "dwelling units" in 24 CFR Part 8, as it may be amended includes sleeping accommodations (C) The requirements of Executive Order 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 1968, 12 U.S.C ~1701 u, and implementing regulations at 24 CFR Part 135 and 24 CFR ~570.607(b). as each may he amended: !l.rk Assesc;,nPflT Ct. F'y I A.c:mt .,e Page 7 of 12 - (E) The requirements of Executive Orders 11625, as amended by Executive Orders 12007 (3 CFR 1971-1975 Comp p. 616, and 3 CFR, 1977 Comp., p. 139) (Minor- Ity Business Enterprises), as each may be amended; Executive Order 12432 (3 CFR 1983 Camp., ,J. 198) Minority Business Enterprise Development), as each may be amended: and Executive Order 12138, as amended by Executive Order 12608 (3 CFR 19T' Comp p 393, and 3 CFR, 1987 Camp., p. 245) (Women's Business Enterprise), as each may be further amended: and, F) The requirement that the Subrecipient make known that use of the facilities and ser- vices is available to all persons on a nondiscriminatory basis. Where the proce- dures that a Subreclpient uses to make known the availability of such facilities and services are unlikely to reach persons with disabilities or persons of any particular race. color, religion sex. age, or national origin within the Subrecipient's service area who may qualify for them, the Subrecipient shall establish additional proce- dures that will ensure that these persons are made aware of the facilities and ser- vices The Subrecipient shall also adopt and implement procedures designed to make available to interested persons information concerning the existence and location for services and facilities that are accessible to persons with disabilities. 6.2 Applicability of OMS Circulars. The Subrecipient shall comply with the policies, guidelines, and requirements that are applicable to the use of ESG funds set forth in 24 CFR Parts 84 and 85 and United States Office of Management and Budget ("OMB") Circular No A-122 as they relate to the acceptance and use of ESG funds. 6.3 Lead-based Paint. (A) Subreciplent shall comply with the applicable requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.c. ~~4821-4846), the Residential Lead- Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 994851-4856), and the implementing regulations at 24 CFR Part 35. as each may be amended. (B) In addition, the Subrecipient shall also meet the following requirements relating to inspection and abatement of defective lead-based paint surfaces: (1) Treatment of defective paint surfaces must be performed before final in- spection and approval of any renovation. rehabilitation, or conversion activity under this Agreement; anc (2) Appropriate action must be taken to protect shelter occupants from the hazards associated with lead-based paint abatement procedures. 6.4 Conflicts of Interest. In addition to the conflict of interest provisions in OMB Cir- culars A-1 02 and A-11 0 no person who is an employee, agent, consultant, officer, or elected or appointed official of the Subrecipient that receives ESG funds and who exer- cises or has exercised any functions or responsibilities with respect to assisted activi- ties, or who is in a position to participate in a decision-making process, or who may gain inside Information with regard to such activities may obtain a personal or financial inter- est or benefit from the activity or have an interest in any contract, subcontract, or agree- ment With respect thereto or bUSiness ties during his or her tenure and for one year thereafter HUD may grant an exception to this exclusion, upon prior written approval, \rk Assef,''''1C''' Ct, j\C; m t Page 8 of 12 ~._.'-- as provided in 24 CFR ~570.611(d), as amended. In the event the Subrecipient desires to obtain an exception to the exclusion from HUD, the Subrecipient must comply with 24 CFR S570.611 and file a written application containing full disclosure of the facts, with the Administrator of CD 6.5 Use of Debarred, Suspended, or Ineligible Contractors. The provisions of 24 CFR Part 24. as amended, relating to the employment, engagement of services, awarding of contracts, and funding of any contractors or subcontractors during any period of debarment. suspension. or placement in ineligibility status, are applicable to the Subreciplent. 6.6 Flood Insurance. No site proposed on which renovation, major rehabilitation, or conversion of a building is to be assisted with ESG funds may be located in an area that has been identified by the United States Federal Emergency Management Agency ("pEMA") as having special flood hazards, unless: (1) the community in which the area IS situated is participating in the National 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 hazard area, the Subrecipient shall ensure that flood insurance on the structure IS obtained In compliance with Section 1 02(a) of the Flood Disaster Protection Act of 1973 [42 U S.C. ~s4012a(a) et seq.] as amended. 6.7 Coastal Barriers. in accordance with the Coastal Barrier Resources Act, 16 U.S.C S3501. as amended. no ESG funds may be made available within the Coastal Barrier Resources System. 6.8 Drug Free Workplace Act of 1988. The Subrecipient shall certify that it will main- tain a drug-free workplace in accordance with the requirements of 24 CFR Part 24, Subpart F. as amended 6.9 Copeland Act. The Subreciplent shall comply with the Copeland "Anti-Kickback" Act, 18 U.S.C. S874, as amended and as supplemented by United States Department of Labor regulations 29 CFR Part 3. as amended 6.10 Contract Work Hours and Safety Standards Act. The Subrecipient shall com- ply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C SS329 and 333, as amended and as supplemented by United States Depart- ment of Labor regulations. 29 CFR Part 5, as amended. 6.11 Audit. The Subrecipient is subject to the audit requirements of OMS Circular A- 133. as set forth in 24 CFR Part 45. as amended. 6.12 Relocation and Acquisition. Consistent with the other goals and objectives of this Agreement. the Subrecipient shall ensure that it has taken all reasonable steps to minimize any displacement of persons (families, individuals, and farms) as a result of a project assisted with ESG funds. SIICTION 7. GENERAL PROVISIONS. 7.1 Validity. If. for any reason, any section paragraph, subdivision, clause, phrase, word, or provision of this Agreement is held invalid or unconstitutional by final judgment '\rk Asses....nen' Ctr F'r ('6"; Acmt Page 9 of 12 _..~ of a court of competent Jurisdiction, It shall not affect any other section, paragraph, sub- division, clause, phrase word, or provision of this Agreement, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, phrase word and provision of this Agreement be given full force and effect for its pur- pose. 7.2 Jurisdiction and Venue. The laws of the State of Texas govern and are appli- cable to any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces County Texas, where this Agreement was entered into and must be performed. 7.3 Nonexclusive Services. Nothing in this Agreement may be construed as prohibi- ting the Subreclpient from entering into contracts with additional parties for the perfor- mance of services similar or identical to those enumerated in this Agreement, and nothing in this Agreement may be construed as prohibiting the Subrecipient from re- ceiving compensation from such additional contractual parties, provided that all other terms of this Agreement are fulfilled 7.4 Modifications. Modifications to this Agreement are not effective unless signed by a duly authorized representative of each of the parties to this Agreement. Modifications which do not change the essential scope and purpose of this Agreement may be ap- proved on behalf of the City by the City Manager, 7.5 Copies of Rules and Regulations. Copies of some of the rules and regulations referenced in this Agreement have been provided to the Subrecipient as evidenced by the Subrecipient's ESG Compliance Affidavit. which is attached to this Agreement as Eldlibit B and is Incorporated into this Agreement by reference. Any failure by the City to supply the Subrecipient with any other applicable laws, regulations, ordinances, rules, or policies not stated in Exhibit B does not waive the Subrecipient's compliance there- with as required by law 7.8 Disclosure of Interest. In compliance with Section 2-349 of the City's Code of Ordinances, the Subreclpient shall complete the City's Disclosure of Interests form, which IS attached to this Agreement as Exhibit C, the contents of which, as a completed form. are Incorporated in this document by reference as if fully set out in this Agreement (EXECUTION PAGES FOllOW) !\rk AsseSSinpnt elr FY 061 i 7 Agmtc)c Page 10 of 12 -'.- Executed in duplicate onginals this I 1ft \ '( , ~ ~ day of- /. . (i1..~'t... . 2006. ATTEST: CITY OF CORPUS CHRISTI /~ 1/ . '.. Armando Chapa City Secretary ~ G~rge K, Noe City Manager ~ A(IlIproved as to form: ~ q ~____, 2006 W)~-~::.24} ~.1 ....... ItY CQUNCll ___ -]j~.aE 4_ . .fr7 . ._..-....~ Sfcm""1 L--(_ EliZa h R. Hundley Assis ant City Attorney for the City Attorney ACKNOWLEDGMENT STATE OF TEXAS ~ ~ COUNTY OF NUECES ~ KNOW ALL BY THESE PRESENTS: c: " - '. ,1 fJ "\ ThiS Instrument was acknowledged before me ontvvtU';'v (f ,2006, by Goorge K. Noe. City Manager of the City of Corpus Christi, a Texas municipal home- rule corporation. on behalf of the corporation '-. ,). i ,~.1,G t iLJ\-V Notary Public. State of Texas 6-tS"'( Pu~ Connie Parks 'l'*e> . '. . My Commission Expires ~., ~~"'...c-~ November 09.2007 .. Of . L\rk AssesQllpnt ell "'Y)6! 7 Agmtc Page 11 of 12 --..-. SUBRECIPIENT: THE ARK ASSESSMENT CENTER AND EMERGENCY SHELTER FOR YOUTH, a Texas nonprofit corporation '~~r~~7 Signature ") '1,~J~_c9~ Date U ~\ 'cv-_ ,,'. ~ e, c: Printed name ~ E'..( f< c~ -\\ V" \)., "-" c -l.,.. " Title ACKNOWLEDGMENT STATE OF TEXAS ~ ~ COUNTY OF NUECES ~ KNOW ALL BY THESE PRESENTS: '\ This Instrument was acknowledged before me on ~~ ~ a ,2006, by ~~'Y).'- '\ '(" c- 'b t' , who is the tx€,(: \\.\K ~\f'E,C.~~ (title) of the ARK Assessment Center and Emergency Shelter for Youth, a Texas nonprofit corporation, on behalf of the corporation. "'b-:;;":' MONA KOSTER WELLS e.~.J _'.C~\ Notary Public. State ofTexas % \.~", My CommISSion Expires \";i "'~~' cEBRUARY 21 2007 "'"",','.:\;. . - (\ "' \,\ ~.h,-.:.....\;l~)~__. \..,-~\L~/' Notary Public, State of Texas ~~---.:.~"""'~- -..-.-..- '\rk Asses"rne"t Ctr :::Y16(7 .I\gmt n Page 12 of 12 .-.- EXHIBIT A INSURANCE REQUIREMENTS I. SubreclPient's Liabilitv Insurance A Subrecipient must not commence work under the Agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Subrecipient must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B Subreclplent must furnish to the City's Risk Manager and to the Department or Division responsible for administering the Agreement two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is reqUired on all applicable policies. ~- .= ~PE O;~N5URANc;-~=::~~:l MINIMUM INSURANCE COVERAGE 30-Day written notice of cancellation, material Bodily Injury and Property Damage change, non-renewal or termination is required on Per occurrence! aggregate all certtficates --+ COMMeRCIAL GENERAL L1ABIL ITY includin~J I $1.000.000 Combined Sinqle Limit Commercial FOnT 2 Premises - Operations 3 Productsl Completed Operations Hazard 4 Contractual Liability 5 Independent Contractors I ~ ~:~=~ Form prop€. rly Danlage ~!)nallnjUry I ~ C In the event of accidents of any kind. Subrecipient must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. II ADDITIONAL REQUIREMENTS A Certificate of Insurance: * The City of Corpus Christi must be named as an additional insured on the liability coverage. and a blanket waiver of subrogation is required on all applicable policies. * If your Insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. * The name of the project must be listed under "Description of Operations" * At a minimum, a 30-day written notice of cancellation, non-renewal, material change, or termination is required, B If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1 B (1 )-(7), an authorized representative of the Insurance company must include a letter specifically stating whether items 1.8. (1 )-7) are included or excluded END 06-07 Emergency Service Grant Proqram Subreciplent Agreements ins. req. 8-14-06 ep Risk Mgmt -.........,"""..... EXHIBIT B ESG COMPLIANCE AFFIDAVIT STATE OF TEXAS ~ ~ ~ KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES Date: . _~(9.i3____ Affiant <\\'\~ )~^-\t ~\~e.~c;,~"'~(-<L"\.4-<,~ \:.. Y\'\.~''--1.~'''c~ 3~Q \+.('y. J~~ 1'",,'-<...(~ Emergency Shelter Grant Subrecipient . . Affiant on oath, swears the following statements are true: L \:J" \ ~<:{ "I 'I' -2\.~____, am the S>t..: ~ '<- +',0,&.. '\}. ,,~, ~ r (title) ofl~~ i~'" \~ '~>6~ ~<_ ~.(.,:.. '-.-~"4,,.,.~ Sy"",-~",<,! 5\.0(, \~oL" \...~ Y~..,J~ ,a Texas nonprofit corporation, which has applied for and been awarded Emergency Shelter Grant ("ESG") Program funds administered by the City of Corpus Christi ("City"), Prior to the start of the project for which ESG funds have been awarded. as the representative of the above named subrecipient organization ("Subrecipient"), I met with City staff and received copies of the following Federal rules and regulations. OMB Circular A-1 02 24 CFR Part 1. 3, 5, 8. 24, 35, 45, 84, 85, 107, 135 and 146 OMB Circular A-1 10 OMB Circular A-122 OMB Circular A-133 By execution of thiS affidavit. I attest that I have received the above-listed Federal rules and regulations, City staff has explained the rules and regulations, and I understand the Subrecipient's obligations of performance under the rules and regulations. Furthermore, I acknowledge that there may be additional Federal rules and regulations, beyond the rules and regulations listed above, to which the Subrecipient may be subject to and with which the Subrecipient must comply, in accordance with Federal laws. 24 CFR 570 and 576 41 CFR 60.1 and 60.4 By: v ~ ..(x.c'~~_ SWORN TO ANd SUBSCRIBED ~~~~-__ . 2006 before me this the)" Q\ \-.. day of ,\,\II'UI/ G'''~If/{/''-- MO ER WEllS r . fo.':. =.. \) Notary Public. Stale of Texas \ '. / ..' My Commission Expires I ~ .....""~i FEBRUA'1Y 21, 2007 I .1.... 'VI P '.l _..: __ ___ _,._i~~"'~ "- \\'\'Q~,-~ \..z..~~, \.~~~~~;') Notary Public, State of Texas -"'-- ~ - EXHIBIT C CITY OF CORPUS CBIUSTI DISCLOSURE OF INTEREST ~ ~. - of ....... ChriIti QrrfinAwv-.e 17114 as .~ requires all persons or finns T ':..glO do busiDess with the City to '.. ." fo~ information.. Every question must be answered. If the qn--.... is DC( applicable, answer with A". . revene side for definitions. '\ ~',. \ \ \ .', ~.&\ \L () \..\ COMPAJlYNAME: . ~(J ,:.\"'- ~ N.tVo:?~ 'M~\o\..l '---~"'-\;-l'~ it::-~""~~(!''-1, l\t.... L"'~'" ,~<-<-.(~ P. O. BOX: S1BEE1't \ 1.. ~ Ie> 0 l...o <:€ ~a. ....~ St FIRM IS: 1. Carporation (/') ') 4. AssociatioD () 2. PlltDenhip () S. 0.- ( ) DISCLOSURE QUESTIONS If~' ." IpICC is n~~, please use the reverse side of this l'!P or attach ~.... sheet. 1. StaIII,. _ofach~~of~.3ofCorpusCbristih&vinI8D "o~~.mip~J'coastituting3% or . oIthe G~~ m dle above "firm." 3. Sole Owner m: 1) ~l.\ \ 0 ( ) f!.;ITY : L-C Name Job Title and City Depanment (if known) ,1 i\ jv'--- ,/ \. ": 2. StIde ....... .... of each "oflicial" oftbc City of Corpus Christi having an "ownership ~wt" cooatituting 3% or mare .tIIe ownership in d1e above named "firm." A N... Title v -A_ 3. State" DIIIlOS of each "boani 1MDlber" of the City of Corpus Christi having an "ownasi1ip interest" constituting 3% orlnore of the ownership in the above named ""firm." Name Board, Commission. or Committee F 1 " r\ 4. State te D81DOS of each employee or officer of a "cousultant" for the City of Corpus Christi who worked on any ~ related to the subject of this contract and bas an "ownership interest" conc:rimring 3% or more of the . '.-, in the above named '1irm." Consultant )J.A.. CERTIFICATE I SEtbat all information provided is true and correct as of the date of this statement. that I have not knowingly witbbe _ . osure of any information requested; and that supplemental statements v.ill be promptly submitted to the City of ..,.. Christi, Texas as changes occur. Certi~Person: \)~\ "M4 -, ~ ~ l';f . T& t. ~ ~c..-... \-, u ~ ~~- "cz.~~'" .. t\ffllll~' , ( Signaturltof Certifying Person: \ ') .,L~_" .\ 1 .(, Date: <9. ~61..o b - -,. DEFINITIONS L -so.m member." A meabel' of my boBrd, cnmmiaion, or COIIIIDiUee appoimal by the City C Juncil of1be City of Corpus ~ Texas. b. -&aployee. " Any persoIl employed by the City of Corpus Christi, Tc:zas eidla-oD a full or parttime .... but DOt as an iDdepeDdent contractor. c. -ram." Any entity operated for ecoDOlDic gain, whether professi~ md......l or commercial, and whether established to produce or deal with a product or service, inch~ bUlDOt limitfl!d to, entities GpIntCd in the fonD of sole pl~ as self-employed ~ t-J...~4.:(., corporatioD, joint ItDCk company, joint ~ receivership or trust, aDd entities which far t-t--oftaxatica are treated as DOn-profit OlW"'i-.-riODS. d. taOfticial." The Mayor, members of the City Couucil, City Manager, Deputy City Manager, Assistant City Managers. Department and Division H~ and Municipal Com .Judges of the City of Corpus Christi, Texas. e. -ownership In~" Legal or equitable interest, whether arnu1ny or- --ut&....ti~ely held, in a ~ iacluding when such interest is held through an agent, trust, cstaIe, or holding cmity. "Const:ruc:tively held" refers to holdings or control established through voting trusts., ...&~ or special terms of venture or partnership agreements." f. "Consultant. " Any person or firm, such as engineers and archrt~. hired by the City of Corpus Christi for the purpose of professional consultation and recommennmnn -.'"