HomeMy WebLinkAboutC2007-261 - 8/28/2007 - ApprovedEMERGENCY SHELTER GRANT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRIST~
AND
CORPUS CHRISTI HOPE H~USE
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This agreement {"Agreement") is made and entered irrto by ~he City of Corpus Chris#i, a
Texas home-rule municipal corparation ("City"), acting through its City Manager or the
City Manager's designee ("City Manager"), and Corpus Christi Hope House, Inc.,
("Subrecipient"), a nonpro#it corporation organized under the laws of the State of
Texas.
WHEREAS, there being a genuine need for suppart services for persons who are
homeless and for appropriate facilities in which to pro~ide tne services in the City of
Corpus Christi;
WHEREAS, pro~iding support services to persons who are homeless promotes the
public welfare, health, and safety;
WNEREAS, the City is desirous of providing apprapriate support services to persons
wF~o are homeless;
WHEREAS, appropriate support services ~nclude decent, safe, and sanitary shelter,
medical assistance, counseling supervision, and other services essential for achieving
ir~depe~d~nt li~~ng;
WHEREAS, 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 impro~e #he
qualify of their li~es; and
WHEREAS, the City ~as allocated Emergency Shelfer Grant ("ESG") funds in the
amaunt of $'13,000 to the Subrecipient for assistance in pravidir~g support services for
the homeless.
NOW, THEREFORE, the City and the Sub~ecipient ha~e severalky and collecti~ely
agreed a~d, by the executia~ of this Agreement, are bound to the mutual obiigations,
performance, and accamp~ishment of th~ tasks describe~ in tfi~is Agreemenf.
SECTION ~t. CITY'S FUNDING OBLIGATIONS. The City agrees to:
'' r " ~ - the Subrecipient nof more than Thirteen Thousand Doliars
2007-261 ~ on a reimbursemenf basis. ~
08/28/07
M2007-226
Crp. Chr. Hape House ~mt.doc
1.2 Reimbursement. Reimburse ESG f~nds to the Subrecipienf according to this
Agreemen# and as follows:
(A) Nat mare than $5,000 will be reimbursed to th~ Subrecipier~t for the pro~ision
of essenfial services to the homeless.
(B) Not mar~ fhan $8,000 will be reimbursed to the Subrecipient for payment of
operating cost and maintena~ce. Reimbursable opeTating costs DQ NOT include
adminisfrati~e cosfs, and reimbursable staffing costs may nat exceed $1,44~ of
operating costs.
SECTION 2.~ SUBRECIPIENT'S ~UNDING OBLIGATlONS. Subrecipier~t agrees to:
2.1 Sfaff and Admi~istrative Support. Pro~ide sufficient staff ar~d administrative sup-
port to carry o~t the stated acti~ities, supervise the deli~ery of services to homeless
persons, and pro~ide supervision and oversight, by the Subrec~pient's Board of Direc-
tors, of professional services pro~ided by the St~brecipient.
2.2 Services and Facilities. Pro~ide services and utilize the facifities or buildings in
accardance with the Emergency Shelter Grants Program regulations contained in the
United States Code af Federa! R~gulations ("CFR"), 24 CFR Part 57'8, as amer~ded, in-
cluding, but not iimifed to, thase Federal requirements contained in Sections 5 and ~ of
this Agreement.
2.3 Permits and Licensing. ~btain and mai~tain any permits, certificates, and iicen-
ses that are required of the stated acti~ities and of the facility or the services off~red
therein by the State of Texas and any other agencies having regulatory jurisdiction o~~r
the facility or services.
2.4 Financial Records. Record financial transac#ions according to accrual accounting
procedures or develop such accrual information through analysis of the documentation
an hand ar~d pro~ide an independen# audit for such expe~ditures upan request by the
City Mar~ager or the Administrator of the City's Commu~ity Dev~lopment Di~ision
("CD").
2.5 Access to Records. Pro~ide access ~o afl records, dacuments, reports, or aucEits
regarding the act~vities funde~ under t~is Agreement, during ~egular business hours, for
purposes of the Uni#ed States Department of Hausing and Urban De~elapment ("HUD"),
the City, or CD, in arder to conduct audits or monitoring.
2,fi Information and Reports. Pro~ide ar~y information pertinent to ~his Agreemen# as
the City Manager, the Administrator of CD, or HUD may from time to time request. Sub-
recipient sha{I adhere and comply with the reporting requirements mandatec~ for the
Homeless Management Information System (HMIS) administered by the City as a
condition of receiving funds unc~er this Agreement.
2.7' Notification of Change. Notify the City within ten {10) days when the scope,
funding, staffing, or s~rvices being pro~ided by tF~e Subrecipient changes from its cur-
rent le~el.
CC Hope House FY0708 Agmt.doc Page 2 of 12
2.$ Use of Funds. Expend all funds solely ~or the acti~ities described and funded
under this Agre~ment and in accordance wi#h HUD regu~ations. T~e Subrecipient shall
reimburse the City for all City-provided ESG funds expended by the Subrecipier~t on
activities not authorized under tfi~is Agreemen# or that are expended in violation of HUD
statutory and regulatory pravisions.
2.9 Record Retention. The Subrecipient shall retain all required records for three
years foflowing the final payment made ~nder this Agreeme~t or until all pen~ing
ma#ters are closed, whici~ever 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 appraved its exec~tEOn, and terminates
on March 31, 2009.
3.2 Termination. Either party may terminate this Agreement as of the last ~ay of any
month upon thirty (30) days prior written notice to the other par~y.
3.3 Notices.
(A) AIE notices, demands, requests, or repli~s pravided for or permitted under this
Agreemenf, by either party m~st be in writing and must be delivered by one of the
following methods: (1 } by personal delivery; (2) by deposit with t~e United Sta#es
Pos#al Service as certified or registered mail, return receipt requested, postage
prepaid; (3) by prepaid teEegram; (4) by deposit with an o~ernight express deli~ery
service, for whECh service has been prepaid; or (5) by fax transmission.
(B} Notice deposifed with the United States Postal Service in the manner described
above wiil be deemed effecti~e two {2) business days after deposit with the United
States Postal Service. Notice by tefegram or avernight express deli~ery service will
be deemed effective one {1) business day after transmissian ta ~he telegraph com-
pany or o~ernight express carrier. No~ice by fax transmission wili be deemed effec-
tive upon transmission, with proof of confirmed delivery.
(C} All such communications must onay be made to the following:
If to the City:
City of Corpus Christi
Attn: Admin., Community Dev.
P. O. Box 9277
Co~pus Christi, Texas 78469-9277
(36~) 826-3045 Office
(3fi1) 844-174D Fax
If to the Subrecipient:
Corpus Christi Hope Hause, 1nc.
Attn: Executi~e Direc~ar
658 Robinson St.
Corpus Christi, Texas 784D4
(361) 852-2273 Office
(361) 852-8211 Fax
(D} Either party may change #he address to which notice is sent by using a method set
out above. The Subrecipient shali notify the City of an address change within 10
working days after ~he address is changed.
CC Hope House FY0708 Agmt.doc Paye 3 of 12
SECTION 4. INSURANCE AN~ INDEMNITY PROVfSIONS
4.1 Liability lr~surance. The Subrecipient shall have in force, ~hraughout the term of
this Agreemenf, insurance that complies with the standards in Exhibit A, a copy of
which is attach~d to this Agreement and incorporated in t~is Agreement by reference. A
certificate e~idencing the Subrecipi~nt's provisio~ of insurance must be pro~ided to t~e
City's Risk Manager ("Risk Manager") and the Administrator of CD at least ten {10)
days prior to any expenditures of ESG funds by the S~brecipient. Failure to maintain
any of the types and limits of the insurance r~quired by Exhibit A is cause for the City
Manager ar the Adm~nistrator of CD to terminate thfs Agreement ar~d cancel any and all
r~imburs~ments of ESG fu~ds to the S~brecipient.
4.2 Fire and Extended Coverage. The Sub~ecipient shall also have in force, through-
out the term of #his Agr'eement and during the period which the facilities or building must
be maintained as a sheiter for ~h~ homeless in accordance with Section 5.2 of this
Agreement and 24 CFR §576.53, as amended, fire and extended cav~rage insurance in
the amount indicated in Exhibif A. Failure to maintain such insurance is ca~ase for the
City to terminate this Agreem~nt and cancel any and all ~-eimbursements of ESG funds
to Subrecipient.
4.3 Notice to City. Subrecipient shalf require its insurance companies, written policies,
and certificates of insurance #o provide that the City must be gi~en thirty {30) days ad-
~ance no#ice by the insurer prior to cancellation, ~onrenewal, or material change of the
insurance policies required by Exhibit A.
4.4 Right to Re-e~aluation and Adjust Limits. The Risk Manager retains the right to
re-e~aluate the insurar~ce requirements during the term of this Agreement and adjust
the ty~es and limits of such insurance upon thirty {30) days written notice to Subrecip-
ient. Insurance types and limits may not be adjusted more frequently than once a year.
4.5 INDEMNIFICATION.
(A} Subrecipient covenants and agrees that it wil! indemnify and hold
City harmless of, from, and against all claims, demands, actions,
damages, losses, cos#s, liabilities, expenses, and judgments re-
covered from or asserted against the City on account of injury or
damage to persons or property (including, without Iimita#ion on
the foregoing, workers' compensation, death, and premises de-
fects~ i~o the extent any such injury or damage may be incident to,
arise out of, or be caused, either proximafely 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 ("lndemnitees"),
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
the facilities being used pursuant to this Agreemen# and with or
CC Hope Nouse FY0708 Agmt.doc Page 4 of 12
wfthout fhe express or implied invitatron 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 !n-
demni~ees, i~he 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 lndemnitees, the Subre-
cipient or any of its agents, servants, employees, contractors,
patrons, guests, licensees, or invitees, includr"ng, but not limited
#o, the failure of the Subrecipient to maintain the Facilities.
(B) These ferms 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.
(C) The Subrecipient covenants and agrees that, in case the City is
made a party to any lifigation against the Subrecipient or in any
litigation commenced by any party other than the Subrecipient re~
Iating to this Agreement, the Subrecipient shall, upon receipf of
reasonable notice regarding commencement of litigation and at its
own expense, investigate all claims and demands, attend to fheir
settlement or other disposition, defend the City. in ail actions
based thereon wifh legal counsel satisfactory #o the City Attorney,
and pay all charges of attorneys and all other costs and expenses
of any kind whatsoever arisrng from any said claims, demands, ac-
tions, damages, losses, costs, liabilities, expenses, or judgments.
(D) The indemnification provisions of this section survive the termina-
tivn or expiration of this Agreement.
4.6 Subrecipient Contracts; lndependent Contractor Status. It~ no e~ent is the City
liable for any contracts made by the Subrecipient with any persan, partnership, firm,
corporation, association, or governmental f~ody. All of the services required by this
Agreement must be perFormed by the Subrecipient, or under its supervision. It is
agreed by #he parties to this Agreement that the Subrecipient is an inde~endent con-
tractor providing the services an behalf of the City and that the S~~recipient may nat
incur any debts or obligations on b~half of the City.
CC Nope House FY07Q8 Agmt.doc Page 5 of 12
SECTION 5. PROGRAM REQUIREMENTS
5.1 Mafching Funds.
(A) The Subrecipient shall match the ESG fu~ding providing by the Ci~y with an equaf
amount of funds from sources ot~er than ESG funds. These matching funds must
be provided after the date of the grant award to the Subrecipient and th~ ~x~cution
of this Agreemen#. Funds use~ #o match a pre~ious ESG grant may not be used to
match a subsequer~t grant award under this Agreement. T~e Su~recipienf may
comply with this requirement by providing the supplemental funds itself, or througf~
supplemental funds or voiuntary efForts pro~ided by any non-profit Subrecipient.
(B) In calculating the amount of matching funds, there may be incl~ded th~ value of a~y
donated material or building; the value of any lease on a buil~ing; any salary paid to
staff of the Subrecipient in carrying out the emergency shelter pragram; and the
time and services contrii~uted by ~olunteers to carry o~at the emergency shelter pro-
gram, determined at the rate of $5 per hour. For the purposes of this subsection
(B), the Subrecipient shal! determir~e the value of any donated material ar building,
or af any lease, using any method reasonably calculated to establish a fair market
value.
(C) The Subr~cipient shall biil th~ City on a cost-certified basis for only those acti~ities
specified in this Agreement and which are ma~ched on a dollar-for-dallar basis in
accordar~ce with this Sec#ion 5.1 and the regulations contained in 24 CFR §576.51,
as amended. The Subrecipient shall submit matching funds su~port documentatian
which must be pro~ided with each invoice.
5.2 Use as an Emergency Shelter.
(A) Any building for whic~ ~SG funds ar~ ~sed by the Subrecipient for renovatian for
use as an emergency shelter for the homeless must be maintain~d as a sh~l~er far
the homeless for not less than a three-year period or, if the grant amounfs are used
for majar renabilitation or conversion of a building for use as an emergency shelter,
for t~o~ less than a 10-year period. The ~hree-year and '~ 0-year periods referred ta
in this subsection begin to r~n:
(1 } In the case of a bui~ding tha~ was not operated as an emergency she[ter far the
homeless before receipt af ESG funds un~~r this Agreement, on the date of initfal
occupancy as an emergency shelter for the homeless.
(2) Ir~ the case of a building that was operated as an emerger~cy shelter for the
~omeless before receipt of ESG f~ands under this Agreement, on the date that grant
amounts are first obligated for tl~e shelter.
(B) Any b~ailding for which ESG funds are used for the provision of esse~tial services to
the homeless or payment of maintenance, operation, insurance, utility, or furnish-
ings costs must be maintained as a s~elter for th~ hameless 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 popu[ation is
served. For purposes of this subsection, the #erm "same general popula#ion"
CC Fiape House FY0708 Agmt.dac Page 6 of 12
mea~ts eitne~ the same types of homeless persons originally served with ESG funds
(i.e., battered spouses, runaway children, famifies, or mentally ill indi~~duals} ar per-
sons in the same geographic area.
(C) Using ESG funds for developing and implementing homeless preven~ion acti~ities
does not trigger any period of use requirements.
5.3 Bui[ding S#andards. A~y building for whic~ ESG #unds ar~ used for rena~ation,
major rehabilitation, or conversion mus# m~et local government safety and sanitation
standards.
5.4 Assistance to the Homeless. The Subrecipient shall assist hameless individuals
a~d families in obtaini~g access to appropriate supportive services, including permanent
housing, medical health treatment, counseling, supervision, and otfi~er services essen-
tial for achieving independenf li~ing. Addi~ionally, the SubrecipieRt shal! assist home-
less individuals and families in obtaining access to ather Federal, State, local, and pri-
vate aid #hat may be r~ecessary ta such individua[s and families:
SECTION 6. ADDITIONAL FEDERAL REQUIREMENTS.
6.1 Nondiscrimina#ion And Equal Opportunity. The Subrecipient shall comply with
the followfng requirements:
{A) The requirements of the Fair Housing Act, 42 United States Co~e ("U.S.C.")
§360'I-19, and implementing regulations at 24 CFR Part 100 et seq., as each may
be ame~ded; Executive Order 11063, as am~nded by Executi~e Order 12259 (3
CFR, 1959-1963 Comp., p. 652, and 3 CFR, 1980 Comp., p. 307), as each may ~e
f~rther amended; Equal Opportunity in Housing Programs and implementing regu-
lations at 24 CFR Part 107, as each may be amended; Title VI of the Ci~il Rights
Act of 1964 (42 U.S.C. §§2040d-200Dd-4), as it may be amended; and, Nondiscrim-
ination in Federally Assisted Programs and implemer~ting regulations at 24 CFR
Part 1, as each may be amended;
(B} The prohibitions against discriminatio~ on the basis of age under the Ag~ Discrimi-
~ation Act o# 1975 (42 U.S.C. §§6~01-07) and implementing regulations at 24 CFR
Part 146, as each may be amended; and the prohibitions agai~st discrimina#ion
against ofherwise qualified individuals with disabilities unde~ Section 5a~ of the
Rehabilitation Ac# of 1973 (29 U.S.C. §794) and implementing reg~latior~s at 42
U.S.C. §12101 et seq., and 24 CFR Part 8, as each may be amertded. For pur-
poses of the ESG funcfing programs, the ferm "dwelling units° in 24 CFR Part 8, as
it may be amended, includes sleeping accammadations;
(C) The requirem~nts of Executive 4rder 11246 and the supplemental regulatians
issued in 41 CFR Chapter fiQ, as each may be amended;
(D} The requirements of Section 3 of the Housing and Urban Devefopment Act of 1~68,
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;
CC Hope House FY4708 Agmt.doc Page 7 of 12
(E) The requirements of Executive Orders 11825, as amended by ~xecuti~e OTders
12007 (3 CFR, ~971-1975 Comp., p. 616, and 3 CFR, 1977 Comp., p. 139} (Minor-
ity Busin~ss En~erprises), as each may be amended; Executi~e Order 12432 (3
CFR, 1983 Camp., p. 198} (Minority Business Enterprise Development), as each
may be amended; and Executi~e Order 12138, as amended by Executi~e Order
126Q8 (3 CFR, 1977 Comp., p. 393, and 3 CFR, '{ 987 Comp., p. 245) {Women's
Business Ent~rprise}, as each may be further amended; and,
(F) The requirement that the Subrecipient make known that use of t~e facElities and ser-
vices is available to all persons on a nondiscriminatory basis. Where the proce-
dures that a Subrec[pient uses to make known ~he availability o# such fiacil~ties and
services are unlikely to reach persons with disabilities or persons of any par~icular
race, color, religion, sex, age, or national origin wi#hin 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 Subrecipier~t sY~alf also adopt and implement procedures design~d ta
make a~ailable to interested persons information concerning the exis#ence and
location for services and facilities ~hat are accessible to persons with disabilities.
6.2 Applicability_of OMB Circulars, The Subrecipient shall comply with the palicies,
guideli~es, and requirements that are applECable to t~e use of ESG fun~s set ~'orth in 24
CFR Parts 84 an~ 85 and United States Office of Management and Budget ("OMB°)
Circular No. A-122 as they relate to the acceptanc~ and use of ESG funds.
6.3 Lead-based Pain~.
(A) Subrecipien# shall comply with the applicable requirements of the Lead-Based
Paint Poisoning Prevention Act (42 U.S.C. §§4821-48~4~), the Residential Lead-
Based Paint Hazard Reduction Act o# 1992 (42 U.S.C. §§~851-4856), and the
implementing regulations at 2~ CFR Part 35, as each may be amended.
(B) In addition, the Subrecipient shall alsa meet the following requirements relat~ng to
inspection and abatement of defective lead-based paint surfaces:
{1 } Treatment of de#ecti~e paint surFaces must be performed before final in-
spection and approval of any renovation, rehabilitation, or can~ersion acfivity under
tt~is Agreement; and
(2) Appropriate action must be taken to protect shel~er occupants firom the
hazards associated with lead-based paint abatement procedures.
6.4 Conflicts of Interes~. ln addition to tt~e conflict of in#erest pra~isions in OMB Cir-
culars A--102 and A-1 'f a, no person who is an employee, agent, consultant, officer, or
elected or appoir~ted official of the Subrecipient that rec~ives 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 s~ach activities may obtain a persor~al or financial inter-
est or benefit from the acti~ity or ha~e an jnterest in any cor~tract, subcanfract, or agree-
m~nt wit~ respect thereto or business ties during his or her tenure and for one year
thereafter. HUD may gran# an exception to this exclusion, upon prior written appra~al,
CC Hope House FY0708 Agmt.doc Page 8 of 12
as p~o~ided in 24 CFR §570.~~ 1(d), as amended. In fhe eve~t fhe Subrecipient desires
to o~tai~ an ~xc~ption to the exclus~on fram HUD, the Subrecipient must comply with 24
CFR §570.611 and file a written appiicatian, cantaining full disclosure of the facts, with
the Administratar of CD.
6.5 Use of Debarred, Suspended, or ineligible Confractors. Tf~e provisions of 24
CFR Part 24, as amended, relating to the employment, engagement of services,
awarding of cor~tracts, and ~un~ir~g of any contractors or subco~tractors during any
period of debarment, suspension, or placemen# in ineligibility status, are applicable to
the Subrecipient.
6.6 Flood Insurance, No site propased on which reno~ation, major rehabilitation, or
can~ersion of a building is to be assisted wifh ESG funds may ~e located in an area that
has been identified by the United States Federai Emergency Managem~nt Agency
{"FEMA"} as ha~ing special flood hazards, unfess' (1) the community in whic~ the area
is sit~ated is participating in the National Fiood Insurance Program and the regulations
#hereunder (44 CFR Parts 59 through 79), as amended; and, {2) if the strt~cture is lo-
cated in a special hazard area, the Subrecipient shall ensure fhat flaod insurance on the
structure is obtained in compfiance with Section 102{a) of the Fload Disaster Protection
Act of 1973 [42 U.S.C. §§~Q12a(a} et seq.], as amended. ~
6.7 Coastal Barriers. In acco~dance with the Coastal Barrier Resources Act, 16
U.S.C. §3501, as amended, no ESG funds may be made a~ailable within the Caastal
Barrier Resources System.
6.8 Drug Free Workplace Act of 1988. The Subrecipi~nt shall certi~y #I~at it will main-
fain a drug-free workplace in accordance with the requirements af 24 CFR Par# 24,
Subpart F, as am~nd~d.
6.9 Copeland Act. The Subrecipienf shall comply with the Capeland "Anti-Kickback"
Act, 18 U.S.C. §874, as amended and as supplemented by United States Department of
Labor reguiatians, 29 CFR Part 3, as amended.
6.10 Contract Wor~C Hours and Safety Standards Act. The Subrecipient shall com-
ply wEth Sections 103 artd 107 of the Cantract Work Hours and Safety Standards Act, 40
U.S.C. §§3~9 and 333, as amended and as supplemented by United S~ates Depart-
ment of Labor regulations, 29 CFR Part 5, as amended.
G,~t1 Audit. The Subrecipient is subject to the audit requirements of 4MB CircularA-
133, as set forth in 24 C~R Part 45, as amended.
6.12 R~Iocation and Acquisition. Consistent wi#h the other goals and objectives of
this Agreement, the Subrecipient shall ensure that it has taken al! reasonable steps to
minimize any displacement of persons (families, individuals, and farms) as a result of a
project assisted with ESG funds.
SECTION 7. GENERAL PROVISIONS.
7.'1 Validity. If, for any reason, any section, paragraph, subdi~ision, clause, phrase,
word, or provision of this Agreement is held invalid ar unconstitutional by final judgment
CC Hope House FY0708 Agmt.dac 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, fa~- i# is the definite intent
of the parties to this Agreement that every section, paragraph, subdivisio~, cla~se,
phrase, word, and provision of this Agreement be given #ull force ar~d effect for its pur-
pase.
7.2 Jurisdic#ion and Venue. The laws of the State of Texas govern and are appli-
cable to any dispute arisi~g under t~is Agreement. Venue is in Corpus Christi, Nueces
County, Texas, where #his Agreement was entered into a~d must be performed.
7.3 Nonexclusive Services. Nothing ir~ this Agreement may be co~strued as prohibi-
ting the Subrecipient from entering into contracts with additional parties far 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-
cei~ing compensation from such additionai cantractual parties, provided tt~at all other
terms o# this Agr~ement are fulfifled.
7.4 Modifications. Modi#ica#ions to this Agreement are not eff~cti~e unless signed by
a duly a~thoriz~c~ representatir~e of each of the parties to this Agreement. Modificafians
which do not change the essen#ial 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 same of the rules and regulations
referenced in this Agreemenf ~ave been provided to the Subrecipient as evidenced by
the Subrecipie~t's ESG Compliance Affidavit, which is attached fo this Agreement as
Exhihit B and is incorparated into this Agreement by reference. Any failure ~y the City
fo s~pply the 5ubrecipient wi#h any other applicable laws, regulations, ordinances, rul~s,
or policies not stafed in Exhibit B does no~ wai~e the Subrecipient's compliance there-
wi#h as required by law.
7.6 Disclosure of [nterest. In com~fiance with Section 2-349 af fhe City's Code of
Ordinances, the Subrecipient shalf complete the City's Disclosure of Interests form,
which is sttac~ec} to this Agreement as Ext~ibit C, the contents af which, as a
com}~leted form, are incorporated in this document by reference as if fu~ly set out in this
Agreement.
(EXECUTION PAGES FOLLOW)
CC Hope House FY0708 Agrr~t.doc Page 10 of 12
Executed in du licate ari inals this I'" da of '~ 20a7.
~ ~ Y ,
ATTEST:
a
Armando Chapa
City Secretary
CITY OF CORPUS CHRlSTI
orge K. Noe
City Manage~
Approv~d as to form: ~~ , 2007
C
EEiza th R. Hundley
ASSi n# City Attorney
for the City Attorney
,
~•...~ A MORIt.k~
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ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrument was acknawledged before me on 1ti~~ ~ I, 2007, by
George K. Noe, City Manager of #he City of Corpus Christi, T~xas municipal hame-
rule corporation, on behaif of the corporation.
r
Notary Public, Stat~ of Texas
~~;~
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:;~*^'~;: CpNN!@ PARKS ~-
•~ Y'= ~iY COMMIS510N EXPkf?~S ~,
. ~ = Novamhbc 9. 2011 _ j
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CC Hope House FY07a$ Agm{.~oc Page 11 af 12
SUBREClPIENT: CORPUS CHRISTI HOPE HOUSE, INC.
~~l~.u= ~ ~~-~ g ~ "~ ~ 01
Signa#ure Date
'(~ e.~l ; J.~.p. ~ Qk-ar
Printed Name
~x2,c~.~-,~~ ~;f`Q-~~'~
Tit~e
ACKNOWLEDGMENT
STATE O~ TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This ~nstrument was acknow~edged befiore me on ~ , 20:fl7 by
~--~~~-- ~ a-~~ , in hislher capacity as fhe uEC~ tv~ `~-f
of Corpus Christi Hope Hause, Inc., a Texas non-profit corporation, on behalf of the
corporatio~.
,,,,~,~~~„ ,-~,~1
^ ot*Rrre~r ~ ~QNA KOSTER WEE!$
~ •, :" : Notary Public, State o# Texas ~~ ~-~ `~
=`~~,= My Commission ~xpires Notary Public, State of Texas
~'4~%`°~,;,~~~~ Ftlbru~ry~1~201i
CC Hope House FY07a8 Agmt.dac Page 12 of 12
EXHIBlT A
INSURANCE REQUIREMENTS
Subreci ient's Liabili# Insurance
A. Subrecipi~nt musf not commence work under this agreement until all ins~trance requ~red
herein has been abtained and such insurance has been approved by the City. Subrecipient
must not allow any subcantractor to commence wark until all similar insurance required af the
subcontractor has beer~ obtained.
B. Subrecipient must furnish ~o the City's Risk Manager and ta the Department or Division
responsible for this agreement; 2. copies of Certif~cates of Insurance, showing the fallowing
minimum co~erage by ins~rance com~any(s) acc~ptable to the City's Risk Manager. The City
must be named as an additional insured for all fiability policies, and a blanket waiver of
subroga~ion is required on all applicable policies.
TYPE OF INSURAIVCE . MINIMUM INSURANCE COVERAGE
30-Day written notice of cancellatian, material Bodily Injury and Property Damage
change, non-renewal or terminatian is required an Per occurrence 1 aggregate
all certificates
COMMERCIAL GENERAL LlABILlTY inciuding: $1 000 D00 Combined Sin41e Limit
1. Commercial ~arm
2. Premises - Operations
3. Products/ Completed Operatians Hazard
4. Contractual Liability
b. Independent Contractors
6. Broad Form Property Damage
7. Personallnjury ~
C. In th~ e~ent of accidents o# any kind, Suf~recipient must furnish the Risk Managerwith copies
of all reports of such accidents within 10 days of #he accident.
Il. ADDITlONAL REQUIREMENTS
A. Certificate of Insurance:
* The City of Corpus Christi must be named as an additional insured on the liability
coverage, and a blanket wai~er of subrogation is required on a11 a~plicable policies.
* If your insurance company uses the stan~ard ACORD form, the cancellation clause
(bottom right) must be amended by adding the wording "changed or" between "be"
and "canceled", and deleting the words, "endea~or to", and deleting the wording after
"!eft". In lieu ofi modification of the ACORD form, separate ~o~icy endorsements
addressing the same substantive requirements are mandatory.
The name of the project must be listed under "Descriptian of Operations"
At a minimum, a 30-day written notice of cancellation, non-renewal, material
change, o~- termination is required.
B. If the Ce~tifica~e of lnsurance on i~s face does not show on its face the existence of
the co~erage required by items 1.B {1)-(7}, an au~horized representative of the
insurance company must include a le#ter specifical{y stating whefher items 1. B. (1)-7}
are included or excluded.
END
07-08 Emergency Service Grant Program Subrecipient Agreements ins. req.
8-10-D7 ep Risk Mgmt.
EXHIBIT B
ESG COMPLIANCE AFFIDAV~T
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY ~F NUECES §
Date: ~ ~ `~ ~ ° ~~
Affia~lt: ~~.[`Ot~ C--~-.r~;s.,~-, Non~ 1~~at~-,Sv„ ~n~ •
Emergency Shefter Grant Subrecipient
Affiant, o~ oath, swears the following statements are true:
I, 0_1 : ~. ~ ~- ~ ~~ ~s , am the c.~: R.r ,.. '~ ~ ~ (title}
of Cm r n t+s C.~,r:~'~ ~. ~oti~ N~~g 4. 1~c , a Texas nor~profit
carporation, which has applied for ar~d been awarded Emergency Shelter Grant ("ESG"}
Program funds administered by the City of Corpus Christi ("City"}. Pria~' ta the start of the
project for which ESG funds have b~en awarded, as fihe representative of the above
nam~d subrecipient organization ("Subrecipient"), ! met with City stafF and received copies
of the foilowing Federal ru~es and regulations:
~MB Circular A-102 24 CFR Part 1, .3, 5, 8, 24, 35, 45, 84, 85, 107, 135
and 146
~MB Circufar A-110 24 CFR 570 and 576
OMB CircularA-122 41 CFR 60.~ and 60.4
QMB Circula~ A-133
By execution of this affida~it, 1 attest that I ha~e receiv~cf the abo~e-listed Federal rules and
regulations, City staff has explained the rules and regulations, ar~d I understand the
S~brecipient's obligafions ofi performance underthe rules and regulat~ons. Furthermore, I
ackr~owledge that there may be additional Federal ru~es and regulations, beyond the rules
and regulations listed above, to which the Subrecipient may be subject to and with which
f~e Subrecipient must comply, in accorda~ce with Federal laws.
By: ~*~ ~~
SWORN TO AND SUBSCRIBED befare
, 2007
~'i~~.~.y~r~;ij~}. MO~IA KQSTER WELLS
'~'~ _ ~ Notary Public, St as
.,, Io'„~~,~y`
~;~;; "~`'~`r MFMbrGCry Z~~~~s
me this the ~~~ day of
~ o~ °~~- ~~~
Notary Public, Stat~ of Texas
~ ~ EXHIBIT C
~ °f CITY OF CORPUS CHRISTI
~~ DISCLOSURE 4F IIV"Y EREST
City of Corp~s Christi Ordinaace 171 I2, as amea~ed, reqteires all pecsons or fuzns see~ng ~a ~o business with the City
to de the following information. Every question meest be answered. If the ques~n is na applicabie, aoswcr wi~
A". Set revcrs~ side for defuutions.
C~MPANY NAME • C a ~ ~,r ;~' . o•.g a, 1 ne
P. O. BOX: ~
5TREET: ~i,5 `a ~aSa ~ nS~.~. -~'~~ `T r~I1'Y: ~c~ ~ n~s C~-+c : Sfi : „ ZiP: ~ ~`~ a
FIRM IS: 4. A~ n (~~ 5. ~~ { v ~ 3_ Soje Owaer ()
nisci.asv~ QvESTroxs
If at~di#ional space is neassary, please use tho reverse side of this ~age ar attach se.~araoe ~ect.
1. S~e t~e ~ames of ~ach "employ~x" of t~e C~' yof Cor~us Ctuisti having sa "awnarshi~ mtierest" constihrting 3%
or more of the oNmership ia the above usmed"firm."
N~~ ]ob Tide and City De~arbm~ent (if Ipaawn}
NJA ~
2. State the raames of ea~ci~ "offiaial„ af the City of Corpus Christi haviag an "ovvn~ip ia~sst" eonstrttrting 3% or
more of the owaership in the above name~ "firm."
~
Name T'~
~lfl ~
3. State the names of each "ba~rd membei" af t~e City of Corpus Chri.sti i~aving aa "aamasaip i~aLezest" constiiuting
3% or more a€the owners~nip iu the above named ~`firm:'
Name Board, Commzssion, or Committee
Nr~
4. Sta#e the names of ea~ch em}~ioyec or officer nf a"consultaut" for the City of Co~us Cbziski wi~o workcd on any
matter re}sted to the subject of this cantract aad has an "ownershi~ interesr'~ con~msiag 3°/a ar mflre of thc
owneiship in the abo~e naaied "frrm."
Consultant
~N 1 ~
CERTIFiCATE
I certify that ail in£~rmatian provided is irue as~d corre~t as of t3ie date of this state~en~ :~at I have not lmowingIy
wi#hhe~d disclosur~ of ana~+ information requcste~; and that s~pplementa~ s~tateme~ts RiIl be prampdy submitted to t~e
City of Cor}~t~s Christi, Texas as changes occur.
CCltifyll]g PCi5011: 1' ~~.~ : r. a A ~jJ R rC4~ ~It1C: ~~t Ci ttii-: 1~ 4 ~, rQ ~t`. C'
ypa or s
Signature of Certifying Persan• ~.~'~ Da~e• q 1'~ ~ b 1