HomeMy WebLinkAboutC2008-515 - 10/14/2008 - ApprovedCONTINUUM OF CARE GRANT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
NUECES COUNTY MHMR
THE STATE 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 Nueces County Mental Health and
Mental Retardation Community Center Foundation ("Subrecipient"), a nonprofit
corporation organized under the laws of the State of Texas.
WHEREAS, there being a genuine need for supportive housing services for persons
who are homeless aaci for appropriate facilities in which to provide the services in the
City of Corpus Christi;
WHEREAS, providing supportive housing services to persons who are homeless
promotes the public welfare, health, and safety;
WHEREAS, the City is desirous of providing appropriate supportive housing services to
persons who are homeless;
WHEREAS, appropriate supportive housing services include decent, safe, and sanitary
shelter and other services essential for achieving independent living;
WHEREAS, the Subrecipient is able and desirous of providing the appropriate
supportive housing services to persons who are homeless and in need of assistance in
order to improve the quality of their lives; and
WHEREAS, the City has allocated Continuum of Care Grant ("COC") funds in the
amount of $119,706 to the Subrecipient for assistance in providing supportive housing
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,
performances, and accomplishment of the tasks described in this Agreement.
SECTION 1. CITY'S FUNDING OBLIGATIONS. The City agrees to:
1.1 Funding. Provide the Subrecipient not more than One Hundred Nineteen
Thousand Seven Hundred Six Dollars ($119,706) of COC funds on a reimbursement
basis, based on the stated services to be provided pursuant to the approved Application
2008-515 SIN number TX55001, a copy of which is incorporated by
Res. 027886 Ito this Agreement as Exhibit A.
10/14/08
lvueces County MHMR
1.2 Reimbursement. Reimburse COC funds to the Subrecipient according to this
Agreement and as follows:
(A) Not more than $0.00 (zero) will be reimbursed to the Subrecipient for payment of
operating costs related to supplying supportive housing services for the homeless.
(B) Not more than $38,624 will be reimbursed to the Subrecipient for the provision
of essential supportive housing services to the homeless.
(C) Not more than $74,182 will be reimbursed to the Subrecipient for payment of
leasing costs related to supplying supportive housing services for the homeless.
(D) Not more than $1,200 will be reimbursed to the Subrecipient for payment of HMIS
costs related to supplying supportive housing services for the homeless.
(E) Not more than one half of $5,700 will be reimbursed to the Subrecipient for the
provision of administrative costs related to supplying supportive housing services
for the homeless, with the City retaining the remainder for City-related contract
administration costs.
SECTION 2. SUBRECIPIENT'S FUNDING OBLIGATIONS. Subrecipient agrees to:
2.1 Matching Funds. Contribute and provide the following amount of cash as the
required COC grant funding match as shown in Exhibit A:
(A) Not less than $7,725 must be spent by the Subrecipient to provide essential
supportive housing services to the homeless.
(B) Not less than $0.00 (zero) must be spent by the Subrecipient to provide for the
operating costs related to supplying supportive housing services to the homeless.
(C) Not less than $240 must be spent by the Subrecipient to provide for HMIS costs
related to supplying supportive housing services to the homeless.
(D) Not less than $0.00 (zero) must be spent by the Subrecipient to provide for the pay-
ment of leasing costs related to supplying supportive housing services for the
homeless
2.2 Staff and Administrative Support. Provide sufficient staff and administrative sup-
port to carry out the stated services, supervise the delivery of supportive housing ser-
vices to homeless persons, and provide supervision and oversight, by the Subreci-
pient's Board of Directors, of professional services provided by the Subrecipient.
2.3 Services and Facilities. Provide services and utilize the facilities or buildings in
accordance with the Continuum of Care Grant Program regulations contained in the
United States Code of Federal Regulations ("CFR"), and including, but not limited to,
those federal requirements contained in Sections 5 and 6 of this Agreement.
MHMR COC Agmt FY0706.doc Page 2 of 12
2.4 Permits and Licensing. Obtain and maintain any permits, certificates, and licen-
ses that are required of the stated services 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.
2.5 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 City's Community Development Department
("CDD").
2.6 Access to Records. Provide access to all records, documents, reports, or audits
regarding the services funded under this Agreement, during regular business hours, for
purposes of the United States Department of Housing and Urban Development ("HUD"),
the City, or CDD, in order to conduct audits or monitoring.
2.7 Information and Reports. Provide any information pertinent to this Agreement as
the City Manager, the Administrator of CDD, or HUD may from time to time request.
Subrecipient 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.
2.8 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.
2.9 Use of Funds. Expend all funds solely for the services described and funded
under this Agreement and in accordance with HUD regulations. The Subrecipient shall
reimburse the City for all City-provided COC funds expended by the Subrecipient on
services not authorized under this Agreement or that are expended in violation of HUD
statutory and regulatory provisions.
2.10 Record Retention. The Subrecipient 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 upon final execution, in accordance with the
grant period, provided the City's City Council has approved its execution, and
terminates on July 31, 2009.
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
MHMR COC Agmt FY0708.doc Page 3 of 12
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) 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:
City of Corpus Christi
Attn: Admin., Community Dev.
P. O. Box 9277
Corpus Christi, Texas 78469-9277
(361) 880-3045 Office
(361)844-1740 Fax
If to the Subrecipient:
Nueces County MHMR
Attn: Executive Director
1630 S. Brownlee Blvd.
Corpus Christi, TX 78404
(361) 886-8900 Office
(361)883-5842 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.
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 B, 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 CDD at least ten (10)
days prior to any expenditures of COC 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 CDD to terminate this Agreement and cancel any and
all reimbursements of COC 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 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 B. Failure to maintain such insurance is cause for the
City to terminate this Agreement and cancel any and all reimbursements of COC funds
to Subrecipient.
4.3 Notice to City. Subrecipient shall require its insurahce 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 B.
MHMR COC Agmt FY0708.doc Page 4 of 12
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 Subre-
cipient. Insurance types and limits may not be adjusted more frequently than once a
year.
4.5 INDEMNIFICATION.
(A) 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 maybe 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 ("Indemnitees"),
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, orinvitees entering upon
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, orinvitees 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 orany of its agents, servants, employees, contractors,
patrons, guests, licensees, orinvitees, 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-
cution of this Agreement and whether such injury or damage may
result from the contributory negligence or concurrent negligence
of Indemnitees, but not if such injury or damage may result from
the gross negligence or willful misconduct of Indemnitees.
(C) The Subrecipient covenants and agrees that, in case. the City is
made a party to any litigation against the Subrecipient or in any
MHMR COC Agmt FY0708.doc Page 5 of 12
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.
(D) The indemnification provisions of this section survive the termina-
tion or expiration of this Agreement.
4.6 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.
SECTION 5. PROGRAM REQUIREMENTS
5.1 Matching Funds.
(A) The Subrecipient shall match the COC funding providing by the City with an amount
of cash funds from sources other than COC 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 COC grant may not be used to
match a subsequent grant award under this Agreement.
(B) The Subrecipient shall request payment from the City on acost-certified basis for
only those services specified in this Agreement and which are matched on a cash
basis in accordance with this Section 5.1 and the regulations contained in the Code
of Federal Regulations. The Subrecipient shall submit matching funds support
documentation which must be provided with each request for payment.
5.2 Use as an Emergency Shelter.
(A) Any building for which COC funds are used by the Subrecipient for use as an
emergency shelter for the homeless must be maintained as a shelter for the
homeless for not less than athree-year period from the date of execution of this
Agreement.
(B) Any building for which COC funds are used for the provision of essential supportive
housing services to the homeless or payment of maintenance, operation, insurance,
utility, or furnishing costs must be maintained as a shelter for the homeless for the
period during which such assistance is provided under this Agreement. A substitute
MHMR COC Agmt FY0708.doc Page 6 of 12
site or shelter 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" means either the same types of homeless persons originally served
with COC funds (i.e., battered spouses, runaway children, families, or mentally ill
individuals) or persons in the same geographic area.
(C) Using COC funds for developing and implementing homeless prevention services
does not trigger any period of use requirements.
5.3 Building Standards. Any building for which COC funds are used to provide
supportive housing services for the homeless 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 housing services, including
permanent housing, counseling, supervision, and other services essential for achieving
independent living. Additionally, the Subrecipient shall assist homeless individuals and
families in obtaining access to other Federal, State, local, and private 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 COC 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 be amended;
MHMR COC Agmt FY0708.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 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 OMB Circulars. The Subrecipient shall comply with the policies,
guidelines, and requirements that are applicable to the use of COC funds set forth in the
Code of Federal Regulations, in the United States Office of Management and Budget
("OMB") Circular No. A-122, and in all other OMB circulars as each may relate to the
acceptance and use of COC 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 inspec-
tion 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 Conflicts 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, officer, or
elected or appointed official of the Subrecipient that receives COC 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 adecision-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-
MHMR COC Agmt FY0708.doc Page 8 of 12
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,
as provided in 24 CFR §583.330, as amended. In the event the Subrecipient desires to
obtain an exception to the exclusion from HUD, the Subrecipient must comply with 24
CFR §583.330 and file a written application, containing full disclosure of the facts, with
HUD and the Administrator of CDD.
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 Coastal Barriers. In accordance with the Coastal Barrier Resources Act, 16
U.S.C. §3501, as amended, no COC funds may be made available within the Coastal
Barrier Resources System.
6.7 Drug Free Workplace Act of 1988. The Subrecipient shall certify that it will main-
tain adrug-free workplace in accordance with the requirements of 24 CFR Part 24,
Subpart F, as amended.
6.8 Copeland 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.
6.9 Contract Work Hours and Safety Standards Act. The Subrecipient shall comply
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.
6.10 Audit. The Subrecipient is subject to the audit requirements of OMB Circular
A-133, as set forth in 24 CFR Part 583, as amended.
6.11 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 as a result of a project assisted with COC funds.
SECTION 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
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.
MHMR COC Agmt FY0708.doc Page 9 of 12
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 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 COC Compliance Affidavit, which is attached to this Agreement as
Exhibit C 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 C does not waive the Subrecipient's compliance there-
with as required by law.
7.6 Disclosure 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 D, the contents of which, as a
completed form, are incorporated in this document by reference as if fully set out in this
Agreement.
7.7 Certification Regarding Lobbying. Subrecipient shall complete the Certification
Regarding Lobbying form, which is attached to this Agreement as Exhibit E, the con-
tents of which, as a completed form, are incorporated in this document by reference as
if fully set out in this Agreement.
(EXECUTION PAGES FOLLOW)
MHMR COC Agmt FY0708.doc Page 10 of 12
Executed in duplicate originals this day of , 2009.
ATTEST:
~~-
Armando Chapa
City Secretary
Approved as to form:
__~~~~ ~ / 2009
Elizab h R. Hundley
Assis nt City Attorney
for the City Attorney
ACKNOWLEDGMENT
78~~
~ eouKCa
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrument was acknowledged before me on , 2009, by
'Angel R. Escobar, City Manager of the City of Corpus risti, a Texa municipal home-
rule corporation, on behalf of the corporation.
~ FpLLYFgUpHrON
MY COAIMIS610N EXPIfiE9
Saplenibar24, 2012
Notary Publi ,State of xas
CITY OF CORPUS CHRISTI
i
"' ~ ~.r~
I R. Escobar
ity Manager
MHMR COC Agmt FY0708.doc Page 11 of 12
SUBRECIPIENT: THE NUECES COUNTY MENTAL HEALTH AND MENTAL
RETARDATION COMMUNITY CENTER FOUNDATION
Signs ure
~l~S1ay
Date
`~i c~.e l rurr~rt ~
Printed Name
Title
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This inst~yr~Iment was acknowledged before me on ~ 009, b
~lta.~..a~ Olf~[1~.~1A.~.n• _ in his/her capacity as the ~.. ~~ ...: ~ W. Ti
of The N~ounty Mental Health and Mental Retardation Community Center Foun-
dation, aTexas non-profit corporation, on behalf of the corporation.
~Y ~~~ LAURISA LYNN BAKIIK '
a: • ~ Publlc, State of Texas
~~nmmisalon Expires
~' Maloh 09,1oi~ No Public, St to of Texas
MHMR COC Agmt FY0708.doc Page 12 of 12
__._... EXHIBIT ----..~.
____.__,__-_ __ ~yi~~rrr~_
2007 SUPPGRTIVE HOi?STNG PRC)URAM
RF,NE WAI. GRANT A(iRLEML'NT
`T'his (iranl Agreement is made by and between the United States Department of Housing
and Urban Development (HUll) and The City of Corpus Christi the Recipient, whose'Cax ID
number is 74-6000574 and address is 1201 Leopard Street, Corpus Christi, TX 78401, for
Project Number TX 59 B 701 002 /Project ldent;t}cr Number 55001 ,for project to he located
at 1630 South Brownlee, Corpus Christi, 7 X 78404.
The assistance which is the subject o1'this Grant Agreement is authorized by the
McKinney-Vento Homeless Assistance Act 42 U.S.C. 1 1381 (hereafter "the Act"). The term
"grant" or "grant funds" means the assistance provided under this Agreement. This grant
agreement will be governed by the Act, the Supportive kIousing rule codified at24 CPR 583,
which is ariached hereto and made a part hereof as Attachment A, and the Notice of Funding
Availability (NOFA) that was published in two parts. "I'he first part was the General Section of
the NOFA, which was published January l8, 2007 at 72 FR 2396, and the second part was the
Continuwn of Care komeless Assistance Programs NOFA Section of the NOFA, which was
published March 13, 2007 at 72 FR 11742. 7'he term "Application" means the original and
renewal application submissions on the basis of which a Grant was approved by kIUU, including
the certifications and asswances and any information or documentation required to meet any
grant award conditions. The Application is incorporated herein as part of this Agreement,
however, in the event of conIlict between the provisions of those documents and any provision
contained herein, this Renewal Grant Agreement shall control. T'he Secretary agrees, subject to
the terms of the Grant Agreement, to provide the grant funds in the amount specified below for
the approved project described in the Application.
Although this agreement will become effective only upon the execution hereof by both
parties, upon execution the term of this agreement shall run from the end of the Recipient's fnal
operating year under the original Grant Agreement or, if the original Grant Agreement was
amended to extend its term, the term of this agreement shall run from the end of the extension of
the original Grant Agreement term for a period of one year Gligible costs, as defined by the
Act and Attachment A, incurred behveen the end of Recipient's final operating year under the
original Grant Agreement, or extension thereof, and the execution of this Renewal Grant
Agreement may be paid with funds from the first operating year of this Renewal Grant.
HCIU's total fund obligation for this project is $ 1 19,706 ,allocated as follows:
I . Grant for Operating
2. Grant for Supportive Services $ 38.624
3. Grant for Leasing $ 74,182
4. kIMIS $ 1.200
5. Grant fbr Administration $ 5700__
The Recipient must provide a 25 percent cash match for supportive services.
'fhe Recipient agrees to comply with all requirements of this Crrant Agreement and to
accept responsibility for such compliance by any entities to which it makes grant funds available.
The Recipient agrees to participate in a local Homeless Management Information System
(HM1S) when implemented.
The Recipient and project sponsor, ifany, will not knowingly allow illegal activities in
any unit assisted with grant funds.
I-IUD notifications to the Recipient shall be to the address of the Recipient as written
above, unless FiUD is otherwise advised in writing. Recipient notifications to H1JD shall be to
the HUD Field Office executing the Grant Agreement. No right, benefit, or advantage of the
Recipient hereunder be assigned without prior written approval of HUD.
For any project funded by this grant, which is also financed through the use of the Low
Income Housing Tax Credit, the following applies:
HiJD recognizes that the Recipient or the pmject sponsor will or has financed this
project through the use of the Low-Income Housing T'ax Credit. The Recipient or
project sponsor shall be the general partner of a limited partnership formed for
that purpose. If grant funds were used for acquisition, rehabilitation or
construction, then, throughout a period of twenty years from the date of initial
occupancy or the initial service provision, the Recipient or project sponsor shall
continue as general partner and shall ensure that the project is operated in
accordance w7th the requirements of this Crrant Agreement, the applicable
regulations and statutes. Farther, the said limited partnership shall own the
project site throughout that twenty-year period. If grant funds were not used for
acquisition, rehabilitation or new construction, then the period shall not be twenty
years, but shall be for the ternt of the grant agreement and any renewal thereof.
Failure to comply with the terms ofthis pazagraph shall constitute a default under
the Grant Agreement.
A default shall consist of any use of grant funds for a purpose other than as authorized by
this Grant Agreement, tailure in the Kecipient's duty to provide the supportive housing for the
minimum tetra in accordance with the requirements of Attachment A, noncompliance with the
Act or Attachment A provisions, any other material breach of the Grant Agreement, or
misrepresentations in the application submissions which, if known by HUD, would have resulted
in this grant not being provided. Upun due notice to the Recipient of the occurrence of anv such
default and the provision of a reasonable opportunity to respond, HUD may take one or more of
the following actions:
(a) direct the Recipient to submit progress schedules for completing approved
activities; or '
(b) issue a letter of warning advising the Recipient of the default, establishing a date
by which corrective actions must be completed and putting the Recipient on
notice that more serious actions will he taken if the default is not corrected or is
repeated; or
(c) direct the Recipient to establish and maintain a management plan that assigns
responsibilities for carrying out remedial actions; or
(d) direct the Recipient to suspend, discontinue or not incur casts for the affected
activity; or
(e) reduce or recapture the grant; or
(1) direct the Recipient to reimburse the program accounts for costs inappropriately
charged to the program; or
(g) continue the grant with a substitute recipient of HUD's choosing; or
(h) other appropriate action including, but not limited to, any remedial action legally
available, such as aftinnative litigation seeking declaratory judgment, specific
pet•forntance, damages, temporary or permanent injunctions and arty ocher
available remedies.
No delay or omission by HUD in exercising any right or remedy available to it under this
Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in
any Recipient default.
For each operating year in which funding is received, the Recipient shall file annual
certifications with HUD that the supportive housing has been provided in accordance with the
requirements of the Grant Agreement.
This Grant Agreement constitutes the entire agreement between the parties hereto, and
may be amended only in writing executed by }iUD and the Recipient. More specifically, the
Recipient shall not change recipients, location, services, or population to he served nor shift
more than 10 percent of funds from one approved type of eligible activity to another, or make
arty other significwtt change, without the prior written approval of HUD.
SIGNATURES
'Phis Grant Agreement is hereby executed as ibllows:
UNITEll STATES OF' AMERICA
Secretary of Housing and Urban Development
By: ~,
. ~ ~IAY 1 ~ 2co~
S nature and Lute
,; Typed na[ne of signatory --
'title - --
RECIPIENT
Cit o~Corpus Christi __ _ _
Name of Organization
By:
~ ,_,)
Signatm•e and Date
George K. Noe_ _
Typed name of signatory
City Manatzer
Title
Daniel Galleaos JrJ36] 8~6 3017/361 844 1740
Official Contact Person and Telephone No. and Fax No.
EXHIBIT B
INSURANCE REQUIREMENTS
Subrecipient's Liability Insurance
A. Subrecipient must not commence work under this 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
responsible for this agreement; 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.
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 I aggregate
all certificates
COMMERCIAL GENERAL LIABILITY including: $1.000,000 Combined Single Limit
1. Commercial Form
2. Premises -Operations
3. Products/ Completed Operations Hazard
4. Contractual Liability
5. Independent Contractors
6. Broad Form Property Damage
7. Personallnjury
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, "endeavorto", 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 1.6. (1)-7)
are included or excluded.
END
2007 - 2008 Continum of Care Service Grant Program Subrecipient Agreements ins. req.
4-29-OS ep Risk Mgmt.
EXHIBIT C
COC COMPLIANCE AFFIDAVIT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
Date: ~~as(U ~
Affiant: t~l,(~Co/~ 111I~,(T"N ~'1 ~11u.U,1~1
Continuum of Car Grant Subrecipient
Affiant, on oath, swears the following statements are true:
I, ~t LUI,Q LPUn'GUi1 CQ , am the ~~X~CCL~Vt ~ 1/t'(~ (title)
of (~.~.1-l,f.Q/J ~,0~ 11't }kYU'~ C[yl'l,4VtUui~( ~Q.LIICIC , a Texas nonprofit
corporation, which has applied for and been awarded Continuum of Care ("COC") Grant
Program funds administered by the City of Corpus Christi ("City"). Prior to the start of the
project for which COC 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, as applicable
OMB Circular A-110 24 CFR 583
OMB Circular A-122 41 CFR 60.1 and 60.4, as applicable
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 maybe additional Federal rules and regulations, beyond the rules
and regulations listed above, to which the Subrecipient maybe subject to and with which
the Subrecipient must comply, in accordance with Federal laws.
Signed
SWORN TO AND SUBSCRIBED before me this the ~~ day of
2009.
eal Not Public, State of exas
~'.:"''t" LAURISA t
y t.~ YNN BAKIIK
3' : ~~ '. k Notary Public, Stete of Texas
y, y; i< My Commission Explren
"~~~P'~•••~ Motoh 09, 2011
~~ EXHIBIT D
_ _ CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
city of
Corpus
Christi
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to
provide the following information. Every question must be answered. If the question is not applicable, answer with "NA".
See definitions on next page. /r~..__~~~ ~'' ''~ //~~~~~~~
COMPANY NAME: ~1.~'J l/Jtt~U ~ N11~.1~ ~CJ+'V~Yldl.(,U {-u lU.l7td~
P. O. Box:
STREET ADDRESS: ~~~ /- ff~"/U4lA.rt CITY: CC ZIP: 7~~0/
FIRM IS: 1. Corporation ~ 2. Partnership ^ L3. Sole Olwner ^
4. Association 0 5. Other [~ ~AkllT DX L(7~~ ~~f
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%
or more of the ownership in the above named "firm."
Name Job Title and City Department (if known)
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or
more of the ownership in the above named "firm."
Name Title
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting
3% or more of the ownership in the above named "firm."
Name Board, Commission or Committee
4. State the names of each employee or officer of a "consultant' for the City of Corpus Christi who worked on any
matter related to the subject of this contract and has an "ownership interest' constituting 3% or more of the
ownership in the above named "firm."
Name Consultant
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly
withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City
of Corpus Christi, Texas as~c-hanges occur. '~,
Certifying Person: ~// t lA? 6L111'Ql'1 ~ Title: ~'«• ~o'~~
Signature of ~ ~~~~ ~~~
Certifying Person: ~~ njir n .~u,+anf~ Date:
PROP i „rz
~~,,yy~~yy~~ City Of Exhibit E
^-1 COrpUS
Christi
....^..
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or an employee of any agency, a
member of congress, an officer or employee of congress, or an employee of a member of congress
in connection with the awarding of any federal contract, the making of any federal grant, the making
of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of congress,
an officer or employee of congress, or an employee of a member of congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
with this a Standard Form-11, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
11U(n~i~ ~a>,.uun~a
Sign~~-
Print Name of Authorized Individual
uec,~ ~, m ~ G~vnrn Uuf 1~ tklt~v~
Organization Name
al >sl u ~
Date