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HomeMy WebLinkAboutC2006-530 - 9/12/2006 - ApprovedEMERGENCY SHELTER GRANT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE SALVATION ARMY a;;EGRGIA CORPORATION THE STATf OF TEXAS § COUNTY OF NUECES § 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 Salvation Army ("SubrecipienY'), a f~reign nonprofit corporation organized under the laws of the State o Ge~ p GEOkGi PORATIO WH~fZEAS, 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 ~ ~ 3'~ ~~ ~ Garpus Christi; WHE~tEAS, providing support services to persons who are homeless promotes the public welfare, health, and safety; WHEREAS, the City is desirous of providing appropriate support services to persons who are homeless; WHEREAS, appropriate support services include decent, safe, and sanitary shelter, medical assistance, counseling supervision, and other services essential for achieving independent fiving; WHE~EAS, the Subrecipient 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 quality of their lives; and WHE~EAS, the City has allocated Emergency Shelter Grant ("ESG") funds in the amoun# of $13,000 to the Subrecipient for assistance in providing support services for the homeless. NOW, THE~EFORE, 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. SECT1flN 1. CITY'S FUN~ING ~BLIGATIONS. The City agrees to: 1.1 Funding. Provide the Subrecipient not more than Thirteen Thousand Dollars ($13,OQ0) of ESG funds on a reimbursement basis. 2006-530 09/12/06 M2006-287 Salvation Armv 1.2 Reimbursement. Reimburse ESG funds to the Subrecipient according to this Agreement and as follows: (A) Not more than $4,000 will be reimbursed to the Subrecipient for the provision of essential services to the homeless. {B) Not more than $9,000 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 $1,800 of operating costs. SECTION 2. SUBRECIPIENT'S FUNDING OBUGATIONS. Subrecipient agrees to: .--- ~- ~ 2. 1 S ta f° f an d A dminis tra tive Suppo rt. Provi de su fficient s ta ff an d a dministrative 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.~3~~~ TRUSTEES ~~, of professional services 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 pracedures 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 City's Community Development Division ~.<<Cp,~~. 2.5 Accsss 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. 2.6 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 Noti~fcation of Change funding, staffing, or services rent level. . Notify the City within ten (10) days when the scope, being provided by the Subrecipient changes from its cur- ~alvation F;rmy FY060' Agmt do 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 statutor~ and regulatory provisions. 2.9 Record Retention. The Subrecipient shall retain all required records for three years fotiowing 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 an 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 I~otices. (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. (B) I~tice 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 ) Ail such communications must only be made to the following: If to the Citv: If to the Subrecipient: City of Corpus Christi The Salvation Army Attn: Director, Neighborhood Servs. Dept. Attn: Executive Director P. O. Box 9277 521 Josephine Corpus Christi, Texas 78469-9277 Corpus Christi, Texas 78401 (3fi1) 88p-3010 Office (361) 884-9497 Office (361) 880-3011 Fax (361) 884-7522 Fax (D) Eit#~er party may change the address to which notice is sent by using a method set ou# above. The Subrecipient shall notify the City of an address change within 10 working days after the address is changed. Salvatior~ Arm~~ FY0607 Agm=.doc Page 3 of 12 SECTIOt~ 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 ~.:ertificate 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) {~ays prior 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 Subrecipient. 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 rnaintained 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 Subrecip- ient lnsurance types and limits may not be adjusted more frequently than once a year. 4.5 ~ID~MNIFICATION. (A) Subr!ecipient covenants and agrees that it will indemnify and hold City harmless of, from, and against all claims, demands, actions, d~mages, /osses, costs, liabilities, expenses, and judgments re- covered from or asserted against the City on account of injury or c~mage to persons or property (including, without limitafion on the fotegoing, 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 o~' the City, its officers, emp/oyees, or agents ("Indemnitees'), a~ting pursuant to this Agreement and with or withouf the express or imp~ied invitation or permission of the Subrecipient, or on the part` of the Subrecipient or any of its agents, servants, emp/oyees, contractors, patrons, guests, licensees, or invitees entering upon the facilities being used pursuant to this Agreement and with or salv~,ion Army = Y060? AUmt ~oc Page 4 of 12 witMaut the ex~ess 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 fhe use or occupancy of the facilities by Indemnitees, the Subre- cipient or any of its agents, servants, employees, contractors, patrons, guests, /icensees, or invitees, including, but not limited to, the failure of the Subrecipient to maintain the Facilities. (B) These terms of indemnification are effective upon the date of exe- cutia-n of this Agreement and whether such injury or damage may resuft from the sole negligence, contributory negligence, or con- currr~nt negligence of lndemnitees, but not if such injury or dam- age may result from gross negligence or willful misconduct of In- demnitees. (C) The Subrecipient covenants and agrees that, in case the City is maci~e a party to any /itigation against the Subrecipient or in any litiga#ion commenced by any party other fhan the Subrecipient re- latirng 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 bas~d thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all ofher costs and expenses of any kind whatsoever arising from any said claims, demands, ac- tions, damages, /osses, costs, liabilities, expenses, or judgments. (D) The indemnifica#ion provisions of this section survive the termina- tion or expiration of this Agreement. 4.6 ~ubrlCipient 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 Agreemerrt 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. Saivation Army FY0607 Agmt.doc Page 5 ot 12 SECTIO~i 5. PROGR~M 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. (B) 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 (B), 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 §576.51, 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 majQr rehabilitation or conversion of a building for use as an emergency shelter, for not tess than a 10-year period. The three-year and 10-year periods referred to in this subsection begin to run: { 1) In 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. (B) Any builtiing for which ESG funds are used for the provision of essential services to the hom~ess or payment of maintenance, operation, insurance, utility, or furnish- ings cos#s must be maintained as a shelter for the homeless for the period during wh~ch 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" Salvatior Armv FY0607 Agmt doc 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 Nonc~scrimination 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 "dwe~ling 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 be amended; ~alvation Army FY0607 Agmt doc 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 Comp . p. 198) (Minority Business 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 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 Subrecipient 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 shafl 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) Subrecipient 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. §§4851-4856), 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; and (2) Appropriate action must be taken to protect shelter occupants from the hazards associated with lead-based paint abatement procedures. 6.4 Confl~cts of Interest. In addition to the conflict of interest provisions in OMB Cir- culars A-102 and A-110, no person who is an employee, agent, Consultant, OffiCel', Ot' 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 bene#it from the activity or have an interest in any contract, subcontract, or agree- ment with r~spect 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, Sai,~at on Arm . FY0607 Aqmt.doc ` Page 8 of 12 _.. ... .R. .~ ... ~.,t ~. .,,,,.,c _ _ _ . ._ _ _ ~. 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 §570.611 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 Subrecipient. 6.6 Fload 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 ~"F~MA") as having special flood hazards, unless: (1) the community in which the area ~s 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- ;ated in a special hazard area, the Subrecipient shall ensure that flood insurance on the structure is obtained in compliance with Section 102(a) of the Flood Disaster Protection Act of 1973 [42 U.S.C. §§4012a(a) et seq.], as amended. 6.7 Coas#al Barriers. In accordance with the Coastal Barrier Resources Act, 16 U.S.C §3501, as amended, no ESG funds may be made available within the Coastal Barrier Resources System. 6.8 Drug Free Workplarce 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 Cop~and Act. The Subrecipient shall comply with the Copeland "Anti-Kickback" Act, 18 U.S.C. §874, as amended and as supplemented by United States Department of Labor regulations, 29 CFR Part 3, as amended. 6.10 Contract Work Haurs 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. §§329 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 OMB Circular A- 133, as se# forth in 24 CFR Part 45, as amended. 6.12 Relacation and Acquisition. Consistent with the other goals and objectives of this Agreement, the Subfecipient 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. SEC~'ION 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 Sahration Am~y FY0607 Agmt.doc 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 ~f 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 Subrecipient 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 Moct~fications. 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 Cop~es 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 Exi~bit B and is incorporated into this Agreement by reference. Any failure by the City to suppiy 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.fi Disciosure of Interest. In compliance with Section 2-349 of the City's Code of Ordinances, the Subrecipient 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) SalvaHon Army FY0607 AgmLdoc Page 10 of 12 Executed in duplicate originals this ~ I 5~ day of ~~~G'1~~,~t , 2006. ATTEST: ~ Armando Chapa City Secretary Approv~d as to form ~ , 2006 ~ ~> ; ~ ~ Eliz~a th R. Hundley ~ ,F Ass ant City Attorney 4 for the City Attorney ACKNOWLEDGMENT m a~x~~~~~=~~ . ~~ ~~ ~«~~«. .Y ~~~~~~.__~..,~~...z~ ~-~ _.,.,,.._.~._~.._.........~._~~. s~c~r~~~ STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: CO~JNTY OF NUECES § i This instrument was acknowledged before me on , 2006, by Gec~rrge K. Noe, City Manager of the City of Corpus Christi, a Texas municipal home- rule corporation, on behalf of the corporation. ~• ~~~ Notary Public, St 1~Y PV ~ ~ ~ Connie Parks i ~,~;q My Commiasion Expires ` ~OF~ November 09, 2007 ~alvation Army FY060? Agmt.do<- Page 11 of 12 ._.~. .,.. .._,... _. ,,,e,, ... ,,.,~. , _ .. ~ ~ , .~.. .., .V . __~ _,_,, m_ _ ~,..., .._ ..m .._~,.„~_... ~. ~..~.._...~.- ~.._...... ..... .~- ,. .~ .~.,,,' - CITY OF CORPUS CHRISTI G r K. Noe City Manager SU~REC~IENT: THE SALVATION ARMY, a Georgia nonprofit corporation ~ ~~ ~ } 'i ,,~` ti ~ . _.-- Sigt~ature ~ _ pA~',D ~. MCTH~;SHED Printed name ASSiST4`~T TREA.+JRER Title Nov _ s ~oos Date At;KNOWLEDGMENT STATE ~F GEGRCIA § § COUNTY OF > ~`t ! ~`,~; § KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on ~'~°` - s 2~~ , 2006, by , A: : • . , who is the - _ , - , ~ (title) of The Salvation Army, a Georgia nonprofit corporation on behalf of the corporation. H : ~~ ~ ~ ~ , ~ fr ~.t~/~~ ,y. ~ :' > ~ ~~--~ G "- ~-' P _ ? , ~.... L < 1 -J ~- Z - _ Notary Public, S ate of -,C~c~ ~:~. My commission expires ~'r /~_ ~ ~'~" c=~ ~alvaticn Army FY060? Agmt.doc Page 12 of 12 EXHIBIT A INSURANCE REQUIREMENTS Subrecipient'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. Subrecipient must furnish to the City's Risk Manager and to the Department or Division res~nsible 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 blartket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE ~ 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 certifi~ates COMMERCIAL GENERAL LIABILITY including: ? Commercial Form 2 Premises - Operations 3 Products/ Completed Operations Hazard 4 Contractual Liability 5 Independent Contractors 6 Broad Form Property Damage 7 Personallnjury $1,000,000 Combined Sinqle Limit C. In the event of accidents of any kind, Subrecipient must furnish the Risk Managerwith copies of all reports of such accidents within 10 days of the accident. AQDITIONAL 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) rnust 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. „e z ~, ~ m _ ,.., .R ~....__ .. ~ _ _ ~ ..._ ~,,. . _. .~ n,~, ._.. v_..~. _...~ __ ~._~~..~. .~._..__._.._....~. ~. _.__ . _.~ * 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 1.6 (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1)-7) are included or excluded END 06-07 Emergency Service Grant Pr,~gram Subrecip+ent Agreements ins. req. 8-14-06 ep Risk Mgmt. EXHIBIT B ESG COMPLIANCE AFFIDAVIT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COt1NTY OF NUECES § Dat~: September 22, 2006 Affic~llt: The Salvation Army, Corpus Christi, Texas Emergency Shelter Grant Subrecipient Affiant, on oath, swears the following statements are true: ~• Major Harold Tracv , am the Corps Officer (tlt~g~ ~f The Salvation Armv, Corpus Christi Texas. ,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 ~roject 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-102 24 CFR Part 1, .3, 5, 8, 24, 35, 45, 84, 85, 107, 135 and 146 OMB Circular A-110 24 CFR 570 and 576 OMB Circular A-122 41 CFR 60.1 and 60.4 OMB Circular A-133 By execution of this affidavit, I attest that I have received the above-listed Federal rules and reguiations, City staff has explained the rules and regulations, and I understand the Subrecipient's obligations of performance under the rules and regulations. Furthermore, I ackrtowledge 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, fn accordance with Federal laws. By - i SWt'~RN TO AND SUBSCRIBED before me this the ~n~ day of -- Q~Q.~~-.. __, 2006. ~ DIAVILIARREA~ ~or+unru~.ic ~~ o~ ~us ~ ~ cor~13910~ EIIPIRES: OCTOBER 30, 200~ ~ Notary Public, State of Texas _ ,~. ,..__._.~~ _..~. w~.... .~,,~.. - ,~._.....,_ .._ _. .~. .~ _ ~.., _._~„ ~~ - EXHIBIT C ~~ ~ °f CITY OF CORPUS CHRISTI ~~ D~SCLOSURE OF INTEREST City of Co~ (~sti Ordin,aace 17112, as amended, re~uires all pe~ons or firms see~g m co busia~s with the City tO A" Scis rev~ for~ ~~«Y 9~ion must be ansvvered. If the ques~oon u noc a~plicabk, answr~er wit~ COMPANYNA~: Tha Salvation Army, A Georgia Cornoration P. O. BOX: 5L1 Josephine Street S'TREET: ~Z~ ~.Iosenhine Street ~1TY: Corpus Christi, Texas $~; 78401 FIRM IS: 1- Corporation O~ 2. Par~asi~ip O 3_ So1e 09vnec O 4. Associat'ton () S. Otiler (X ) Non-Profit Or~anization D]SCLOSURE QIIESITONS If a+dditi~l sPaoe is naxssarY, p~se use the reverse side of this page or attach sep~ratr sbeet. 1. Stabe t~ naml~of each "emQla~ee" of du C~'ty of C~pus Chtisti hsviag aa oarn~shia msa+est" c~ng 3% or mors of tl~e dwnass~ip ia tl~t above named "fum." Na.~e Job Tide and City Deparoment (if known) ~ ~~ 2. State namti~ ef each "offtcial" of ffie City of Corpus Christi having an "owaashiQ ~st" constittrting 3% or more the o~ership ia the above named "firm." Name 'T'rtle ~ ~ ~. 3. State tl~e nam~ of each "board ~nember" of the C~'ty of Corpus Christi having an "o~vnersaip interas~' consdituting 3% or more o~~e owne~ip m the above named ~`firm." Name Board, Commission, or Committee ~I ~ ~. 4. State d~re naml~ of ~ach emplc~ee or officer of a"consultant" for the City of Coip~s Christi wiw worked on aay mat#er iteiated to the subject af this coatract and has an "ownership iateresr' cansomiring 3% or more of the o~-ner~itip in 1~c above named "fum." Consultaat ti ~~k CERT'IFICATE I that a~ ~ation ~rrvscide~i is aad con~ect as of the date of this stanement :~at I have not lmowingly withheld ~}~o ;ssf an~ '~ • anti that suppiemental statemenu Rill be rn~omptly submitted to the C' of C us ~S~etw~ ~~~~_~`.="'~~~ ~ ` T'rtl~' ~-- Signature cf C~~-ir~g ~'~oa: Date: :~r~• ~ '~~U~ DoiNG THE MOST G OOI~ William Boorh, Founder- Shaw Clifton, Ceneral Max Feener, Tcrritoria~ Comma~tdcr TO: WHOM TT MAY CONCERN CITY: ALL, LOCATIONS IN TF~ SOUTHERN TERRITORY FI~UM: Lt. Colonel William RN. Goodier CITY: ATLANTA, GEORGiA SUBJECT: THE BOARD OF TRUSTEES MEMBERSHIP This w~ill advise that the following comprise the Trustees and Officers of The Board of Trustees ~f The Salvation Army, a Georgia Corporation as of July 1, 2006: Chairman of tfie Board/ Israel Gai~er b 1S Slaters Lane Trus#ee Alexandria, Virginia President/Trustee M.S. Feener 1424 NE Expwy., N.E. Atlanta, Georgia ~~ice Preside~/Trustee David Jeffrey Same as above Treasurer/I'rustee H. Al Ward Same as above Secretary/Trustee William R.N. Goodier Same as above Assistant Treasurer/ David R. Mothershed Same as above Trustee Trustee Donald S. Faulkner Same as above Trustee Charles W White Same as above Trustee Joanne Senft Same as above The term of the Trustees and Officers of The Salvation Army, a Georgia Corporation is perpetual. The Trustees receive no compensation for serving as Trustee. Deiegated authority ~ranted to Contracting ~cer Kevin W. Tomson-Hoaper Same as above Assistant Lega1 Secreta.ry Melanie Mathis Brackett Same as above USA Soe,~hen~ Territc.v 1424 Northeasr Expressway, Adanca, GA 30329 p: 404.728 1300 .~. , .r ~ _.__ „.,., ._ ,~,.,,~„ .__ _,.__ ,,,, _. ._....»...w ...._... ..,..-,.... <~......_.a.__... _ ..._..,.,~. ,...<:_.._ _ ,._. ..... __ ~__ ~~ TI~€ SALVATION ARMY POLICY STATEMENT ~ RELATI01~1iHIPS WITH OTHER GROUPS AND ORGANI2ATIONS The Salvation Army in the United States works cooperatively with many groups - governmental, social service, civic, religious, business, humanitarian, educational, health, character building, and other groups - in the pursuit of its mission to preach the Christian Gospel and meet human need. Any agency, governmental or private, which enters into a contractual or cooperative relationship with The Salvation Army should be advised that: The Salvation Army is an international religious and charitable movement, organized and operated on a quasi-military pattern, and is a branch of the Christian church. ~. All programs of The Salvation Army are administered by Salvation Army Officers, who are ministers of the Gaspel. t The motivation of the organization is love of God and a practical concern for the needs of humanitt-. 4, The Salvation Anny's provision of food, shelter, health services, counseling, and other physical, social, emotional, psychological and spiritual aid, is given on the basis of need, available resources and established program policies. Organizations contracti ng and/or cooperating with The Salvation Army may be assured that because Tlte Salvation Army is rooted in Christian compassion and is governed by Judeo-Christian ethics, The Salvation Army will strictlv observe all provisions of its contracts and agreements. Commissioners Conference: May 1996