HomeMy WebLinkAboutC2020-423 - 7/28/2020 - Approved CDBG SUBRECIPIENT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
BOY AND GIRLS CLUB OF THE COASTAL BEND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This agreement ("Agreement") is made and entered into between 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 Boys and Girls Club of
the Coastal Bend, ("Subrecipient"), a nonprofit corporation organized under the laws of
the State of Texas.
WHEREAS, the City has allocated One Hundred Thousand ($100,000) from the
FY2020-21 Community Development Block Grant ("CDBG") Program to replace
corroded plumbing in the Greenwood locker room;
WHEREAS, the City desires to assist to improve services for Low- and Moderate-
Income Area Benefit (LMA);
WHEREAS, the Subrecipient desires to remove and replace corroded plumbing in the
locker room in order to provide a safe use of the facilities for participants within the City
of Corpus Christi and throughout the community served by the Subrecipient in
conformity with 24 CFR 570.208, as amended; and
WHEREAS, the City wishes to encourage the services provided by the Subrecipient,
there being a genuine need for these services in the City of Corpus Christi.
NOW, THEREFORE, the City and the Subrecipient agree as follows:
SECTION 1. TERM OF AGREEMENT
1.1 Term of Agreement. This Agreement commences on the date of execution by
Subrecipient and the City and terminates on September 30, 2021, unless otherwise
specifically provided by the terms of this Agreement.
SECTION 2. SCOPE, BUDGET, SCHEDULE, AND PAYMENT REQUIREMENTS.
2.1 Scope of Work. The Subrecipient shall complete the work outlined in the funding
proposal that was submitted and approved by the City's City Council for FY2020-21,
FY20 CDBG Boys and Girls Club of the Coastal Bend
SCANNED
such proposal being incorporated into this Agreement by reference as if fully set out in
this Agreement. The Subrecipient, through its contractors and subcontractors,
Subrecipient will remove and replace corroded plumbing in the Greenwood locker
rooms in order to provide a safe use of facilities. The improvements will be targeted for
Low- and Moderate-Income Area Benefit. All improvements must be constructed in
accordance with the plans and specifications ("Plans") prepared by the Subrecipient's
registered architect or licensed Professional Engineer retained pursuant to subsection
8.4. No construction may commence until the Plans are approved by the Administrator
or the Administrator's designee ("Administrator") of the City's Grant Monitoring
Department ("GMD") and by the City's Development Services Department
(''Development Services").
2.2 Subrecipient Capital Contribution Funds Requirement. The Subrecipient must
have financial and staff capacity to support the Subrecipient's program services in order
to successfully carry out the improvements to be paid with CDBG funds.
2.3 Budget and Construction Schedule. The Subrecipient has provided an esti-
mated project budget and project construction schedule ("Project Budget and
Construction Schedule") based upon the proposed Improvements listed above and as
are described within this Agreement, which Project Budget and Construction Schedule
is attached to this Agreement as Exhibit A and is incorporated into this Agreement by
reference. Subrecipient in support of Exhibit A, shall maintain records of improvements
assessments conducted to determine the construction cost breakdown assisted with
CDBG funds.
2.4 Modifications. Modifications or revisions to the scope of the Project discussed in
the RFP response, which scope formed the basis for this Project to receive Funds,
may be made only pursuant to the prior written approval of the Administrator of GMD.
2.5 Requests for Payment.
(A) All requests for payment made pursuant to this Agreement must be submitted to
the Administrator.
(B) Payments for the Improvements will be made based upon the Subrecipient
submitting payment reimbursement with appropriate documentation of the work
completed, including an itemized cost breakdown reflecting costs incurred and
assisted with CDBG funds. Appropriate documentation includes but is not limited
to: paid invoices; canceled checks; signed timesheets; payroll and wire transfers.
(C) No payments will be made without an inspection by Grant Monitoring Department
(GMD) staff affirming that the work has been completed.
(D) If there is a delay, the Administrator or the Administrator's designee
("Administrator") of the City's Grant Monitoring Department ("GMD"),
Administrator may require that the Subrecipient provide a written explanation to
delay of construction activities.
FY20 CDBG Boys and Girls Club of the Coastal Bend
(E) All payments will be adjusted according to the actual construction cost, supported
by improvement assessments conducted, and in no event may any payment
exceed the funded amount.
2.6 Periodic Performances Reports. The Subrecipient shall submit periodic perfor-
mance reports to the Administrator that recite progress for the period and advising of
any problems encountered. A performance report must be provided with each request
for payment and/or monthly, whichever comes first.
SECTION 3. RECORDKEEPING, UNIFORM ADMINISTRATIVE REQUIREMENTS
AND OTHER PROGRAM REQUIREMENTS.
3.1 Construction and Operations Records. The Subrecipient shall provide access to
all original records, reports, and audits including, without limitation, all agreements,
client intake documentation and assessments for the homes assisted with CDBG funds;
invoices; payment and payroll records; bank records; plans and specifications for the
improvements; Plans written and drawn pursuant to this Agreement; change orders;
contracts between the Subrecipient and its contractor(s), between contractor(s) and
their subcontractor(s), and if applicable, between the Subrecipient and its registered
architect(s) or licensed professional engineer(s); communications and correspondence
with regard to any contracts and subcontracts pertaining to this Agreement; affidavits
executed pursuant to this Agreement; documentation of clientele being benefited by the
improvements paid with CDBG funds (i.e., households served, etc.) which pertains to
the improvements rehab with CDBG funds; and all written obligations pursuant to this
Agreement, including, but not limited to, all information on leveraging of funds required
under this Agreement, if any, during regular business hours for any purposes of the
City, the United States' Department of Housing and Urban Development ("HUD"), or
both, to conduct audits and monitoring.
3.2 Equal Participation Documentation. The Subrecipient shall keep and provide
access to records documenting compliance with Section 109 of the Housing and
Community Development Act of 1974 [42 United States Code ("U.S.C.") §5309], as
amended, which requires that no person shall, on the ground of race, color, national
origin, religion, or sex, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part with
community development funds made available pursuant to the Act. Any prohibition
against discrimination on the basis of age under the Age Discrimination Act of 1975, as
amended, or with respect to an otherwise qualified disabled individual, as provided in 29
U.S.C. §794, as amended, also applies to this Agreement. Subrecipient shall ensure
compliance with 24CFR570.208(a)(3), Section 105(a)(4), CFR570.202,
CFR570.506(b)(4)(iii), and CFR570.3; Title VI of the Civil Rights Act of 1964 and as
amended in 1988; Fair Housing Act (42 U.S.C. 3601-3619); Title VII of the Civil Rights
Act of 1968 (Fair Housing Act); Section 504 of the Rehabilitation Act of 1973.
3.3 Information and Reports. The Subrecipient shall provide any information, reports,
data, and forms pertinent to this Agreement as the Administrator or staff of GMD may,
FY20 CDBG Boys and Girls Club of the Coastal Bend
from time to time, request for the proper administration of this Agreement. The
Subrecipient shall adhere and comply with the reporting requirements mandated for the
Performance Measurement System, administered by the City, as a condition of
receiving funds under this Agreement.
3.4 2 CFR Part 200. The Subrecipient shall comply with the requirements 2 CFR Part
200, as each may be amended, as follows:
a. All of Subpart A, Acronyms and Definitions;
b. All of Subpart B, General provisions, except for §§ 200.111, 200.112 and
200.113. However, Subrecipient must comply with the Conflict of Interest
provisions in 24 CFR 570.611;
c. All of Subpart C, Pre-Federal Award Requirements and Contents of Federal
Awards, except for §§ 200.202 and 200.206;
d. All of Subpart D, Post Federal Award Requirements, except for §§ 200.303,
200.306, 200.307, 200.311, 200.313, 200.330-332, 200.327 and 200.339. In
lieu of § 200.307 Subrecipient shall follow Program Income requirements in 2
CFR 570.504. In lieu of §200.311 Subrecipient shall follow Real Property
provisions in 24 CFR 570.505. In lieu of § 200.313 Subrecipient will follow
Section 5.4 of this Agreement as it relates to Equipment. In lieu of § 200.333
Subrecipient will follow the Records Retention requirements in Section 3.6 of
this Agreement. In lieu of the provisions of § 200.339 Subrecipient will comply
with the Termination provisions listed in Section 4 of this Agreement and 24
CFR 250.503(b)(7).
e. All of Subpart E, Cost Principles; and
f. All of Subpart F, Audit Requirements.
3.5 Compliance Documentation. The Subrecipient shall keep and provide access to
records documenting compliance with the rules and regulations contained in Title 24,
Chapter 570, et. seq., of the Code of Federal Regulations ("CFR"), including, but not
limited to, 570.208(a)(3) and 570.506(b)(4)(iii), Subpart K, Sections 570.603, Labor
Standards; 570.607, Employment and Contracting Opportunities; 570.608, Lead-Based
Paint; 570.609, Use of Debarred, Suspended, or Ineligible Contractors or Subrecipients;
570.610, Uniform Administrative Requirements and Cost Principles; and 570.611,
Conflict of Interest. If there is a conflict of interest with any employee, agent, consultant,
officer, or member of the Board of Directors of the Subrecipient, the person with the
conflict and the nature of the conflict must be identified, by name and title, and
submitted to the Administrator prior to any costs being incurred at, in, or on the
improvements with respect to construction of the Improvements.
3.6 Equal Employment Opportunity. The Subrecipient shall comply with all appli-
cable Federal Equal Employment Opportunity regulations, including, but not limited to,
Executive Order 11246, as amended, and Section 3 of the Housing and Urban Develop-
ment Act of 1968 as set forth in 24 CFR 570.607, as amended, and shall require compli-
ance with the aforementioned laws and regulations in all contracts the Subrecipient
enters into with respect to construction of the Improvements.
FY20 CDBG Boys and Girls Club of the Coastal Bend
I
3.7 Request for Bids/Proposals. The Subrecipient shall comply with requirements of
2 CFR Part 200.318 as amended, and all State and local procurement requirements
with regard to solicitation of bids and proposals for construction of the Improvements, if
applicable, and shall provide such records to representatives of HUD, the City Manager,
or the Administrator upon request.
3.8 Real Property Acquisition. The Subrecipient shall comply with requirements of 49
CFR Part 24, Subpart B, as amended, and all State and local acquisition requirements
with regard to acquisition of property, if applicable, and shall provide such records to
representatives of HUD, the City Manager, or the Administrator upon request.
3.9 Accessibility. The Subrecipient shall comply with Title II the Americans with
Disabilities Act of 1990, as amended, and with the rules and regulations published in 28
CFR Part 36, as amended, and all State and local requirements regarding disabled
accessibility. Section 104(b)(2); Housing for Older Persons Act (HOPA) of 1995 and all
other applicable local, State and federal laws.
3.10 Religious Organizations. The Subrecipient shall comply with requirements re-
garding religious organizations, as set forth in 24 CFR 570.200(j), as amended.
SECTION 4. SUSPENSION AND TERMINATION.
4.1 Termination by the City. The City may terminate this Agreement in whole or in
part in accordance with 2 CFR 200.339(a)(1) and (2), as amended, if the Subrecipient
materially fails to comply with any term of the CDBG Program award or this Agreement
or for other cause.
4.2 Termination for Convenience. This Agreement may be terminated in whole or in
part for convenience in accordance with 2 CFR 200.339(a)(3) and (4), as amended.
This Agreement may be terminated by the City with the consent of the Subrecipient, in
which case the two parties must agree upon the termination conditions, including the
effective date and, in case of partial termination, the portion to be terminated. The
Subrecipient may terminate this Agreement by sending the City written notification
setting forth the reasons for such termination, the effective date, and, in the case of
partial termination, the portion to be terminated. However, if the City determines in the
case of partial termination that the reduced or modified portion of the award will not
accomplish the purposes for which the award was made, the City may terminate the
Agreement in its entirety.
4.3 Remedies for Non-compliance. Pursuant to the provisions cited in Section 4 of
this Agreement, to Federal rules and regulations applicable to the Subrecipient, HUD
guidelines, and 2 CFR 200.338 if any deficiencies are discerned by or through
monitoring of this Agreement, the City may impose additional conditions, as described
in 2 CFR 200.207. If the City determines that noncompliance cannot be remedied by
imposing additional conditions then the Administrator may take one or more of the
FY20 CDBG Boys and Girls Club of the Coastal Bend
following actions, as appropriate in the circumstances: temporarily withhold cash
payments pending correction of the deficiencies, disallow all or part of the cost of the
activity or action not in compliance, wholly or partly suspend or terminate the current
award, withhold further awards, or take any other remedies that may be legally
available.
4.4 Termination Notice. Either party may terminate this Agreement, during the term of
this Agreement, as of the last day of any month upon thirty (30) days prior written no-
tice. The party terminating this Agreement must comply with subsections 4.1 and 4.2 of
this Agreement and all other provisions of this Agreement providing responsibilities in
the event of termination. Additionally, the City must comply with the notification of
termination requirements in 2 CFR 200.340.
4.5 Effects of Suspension and Termination. Costs to the Subrecipient resulting
from obligations incurred by the Subrecipient during a suspension or after termination of
a Federal award or subaward are not allowable unless the City expressly authorizes
them in the notice of suspension or termination or subsequently. However, costs during
suspension or after termination are allowable if:
(a) The costs result from obligations which were properly incurred by the
Subrecipient before the effective date of suspension or termination, are not in
anticipation of it; and
(b) The costs would be allowable if the Federal award was not suspended or
expired normally at the end of the period of performance in which the termination
takes effect.
4.6 Termination. Upon a termination of this Agreement, the Subrecipient agrees to
refund to the City all CDBG Program funds expended on the Improvements. If the
Subrecipient cannot refund all such money within thirty (30) days of the termination
notice, the City may take whatever action is necessary to reimburse the City as set out
in 2 CFR 200.338 and 200.339, as each may be amended. Notwithstanding this
provision, the Reversion of CDBG Funds provision, set out in Section 5 of this
Agreement, also applies to the Subrecipient's CDBG Program funds on hand, accounts
receivable, and real property under the Subrecipient's control.
SECTION 5. REVERSION OF CDBG FUNDS.
5.1 Meeting National Objective. The Subrecipient shall ensure households assisted
meet applicable HUD income guidelines and national objectives set forth in 24-CFR 24
CFR 570.208 (a)(1) as amended, during the term of this Agreement. Subrecipient shall
submit demographics within thirty (30) days after all FY2020 CDBG funds are expended
or as requested by GMD.
5.2 Construction Improvements Not Used to Meet National Objective. In the event
that the Subrecipient fails to meet the National Objective outlined in Section 5.1 on
Improvements ma
FY20 CDBG Boys and Girls Club of the Coastal Bend
de are not used to meet one of the national objectives as specified in subsection 5.1 of
this Agreement, then the Subrecipient shall reimburse the City for the CDBG funds
received by the Subrecipient as follows:
(A) Failure to meet national objective: The Subrecipient must reimburse the total award
of CDBG funds received under this Agreement.
(B) Failure to use all CDBG funds: In the event that not all CDBG funds are used for
the locker room plumbing improvement construction, the remainder of CDBG funds
will be reimbursed to the City.
5.3 No Election of Remedies. Resort, by the City, to a remedy under subsection 5.2 of
this Agreement, or another remedy provision set out in this Agreement, does not bar the
application and use of any other remedy allowed by law or that may be enforced by the
City pursuant to 24 CFR 570.503, as amended.
SECTION 6. PROGRAM INCOME.
6.1 Disposition of Program Income. Program income received by the Subrecipient as
a result of this Agreement, if any, may be retained by the Subrecipient. Any such
program income must be used to provide services to low-to moderate-income
individuals within the City of Corpus Christi and throughout the community served by the
Subrecipient in conformity with 24 CFR 570.208, as amended. The Subrecipient shall
report program income to the City annually, during the term of this Agreement, not later
than October 1 for the previous year ending September 30 if applicable.
6.2 Accounting for Program Income. The receipt and expenditure of program income
as defined in 24 CFR 570.500 shall be recorded as part of the financial transactions if
applicable. The Subrecipient shall report program income to the City annually, during
the term of this Agreement, not later than October 1 for the previous year ending
September 30 if applicable. The Subrecipient shall comply with 2 CFR 200.307, as
amended, with reference to program income, if applicable.
SECTION 7. INSURANCE AND INDEMNITY PROVISIONS.
7.1 Insurance. The Subrecipient shall have in force, throughout the term of this Agree-
ment, insurance that complies with the standards in Exhibit B, a copy of which is at-
tached to this Agreement and is incorporated in this Agreement by reference. A
certificate to that effect must be provided to the City's Risk Manager ("Risk Manager")
and the Administrator at least ten (10) days prior to any construction. Failure to
maintain any of the types and limits of the insurance required by Exhibit B is cause for
the City to terminate this Agreement and cancel any and all reimbursements of CDBG
funds to the Subrecipient.
7.2 Notice to City. The Subrecipient shall require its insurance companies, written
policies, and certificates of insurance to provide that the City must be given thirty (30)
FY20 CDBG Boys and Girls Club of the Coastal Bend
days advance notice by the insurer prior to cancellation, nonrenewal, or material change
of the insurance policies required by Exhibit B. Failure on behalf of the Subrecipient to
provide the City thirty (30) days advance notice of changes to required insurance
documents, the City may cancel any and all reimbursements of CDBG funds to the
Subrecipient.
7.3 Right to Re-evaluation and Adjustment of 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 the
Subrecipient. Insurance types and limits may not be adjusted more frequently than
once per year.
7.4 Indemnification.
(A) The Subrecipient covenants and agrees that it will indemnify and
hold City, its officials, employees and agents harmless, from,
and against all claims, demands, actions, damages, losses,
costs, liabilities, expenses, and judgments recovered 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
defects) to the extent any such damage or injury may be
incident to, arise out of, or be caused, either proximately or
remotely, wholly or in part, by an act or omission, negligence,
or misconduct on the part of Subrecipient, it's agents, officers,
employees, contractors or subcontractor or 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, or invitees entering
upon the plumbing being improved or used pursuant to this
Agreement, or when any such injury or damage is the result,
proximate or remote, wholly or in part, of the violation by
Indemnitees, the Subrecipient or any of its agents, servants,
employees, 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 plumbing Improvements being constructed at
the Greenwood Locker Room or out of the use or occupancy of
the Greenwood Locker Room or the plumbing improvements
made thereto by the Indemnitees, the Subrecipient, or any of its
FY20 CDBG Boys and Girls Club of the Coastal Bend
agents, servants, employees, contractors, patrons, guests,
licensees, or invitees, and including, without limitation, any
damages or costs which may occur as a result of the design of
the plumbing Improvements, the bidding process, actual
construction of the plumbing Improvements, administration of
the construction contracts by the City or its designee, failure of
the plumbing Improvements prior to the completion and
acceptance of the plumbing Improvements by the City and the
Subrecipient jointly, failure of the plumbing Improvements to
work as designed, failure of any contractor, subcontractor, or
manufacturer to honor its warranties, or failure of the
Subrecipient to maintain the plumbing Improvements or the
improvements itself.
(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 damage or injury may result from
the sole negligence or willful misconduct of Indemnitees.
(C) The Subrecipient covenants and agrees that in case the City, it's
officers, officials, employees or agents are made a party to any
litigation against the Subrecipient or in any litigation commenced
by any party other than the Subrecipient relating to this
Agreement and the plumbing Improvements to the Greenwood
locker room contemplated under this Agreement, the Subrecipient
shall, upon receipt of reasonable notice and at its own expense,
investigate all claims and demands, attend to their settlement or
other disposition, defend the City, it's officers, officials, agents
and employees 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, actions, damages, losses, costs,
liabilities, expenses, or judgments.
(D) The provisions of this section survive the termination or expiration
of this Agreement.
SECTION 8. SUBRECIPIENT'S REQUIREMENTS.
FY20 CDBG Boys and Girls Club of the Coastal Bend
8.1 Precontracting Conference. The Subrecipient has attended a precontracting
conference with City representatives.
8.2 Pre-Bid and Pre-Construction Meetings. The Subrecipient and all of its identified
architects (if applicable), and contractors and subcontractors must attend a pre-bid and
a pre-construction meeting with GMD staff prior to any improvements to be paid with
CDBG funds. Failure to do so may result in the Subrecipient being ineligible to receive
the CDBG funds awarded and allocated to the Subrecipient under this Agreement.
8.3 Pledged Contribution. The Subrecipient shall provide any additional funds needed
for the completion of the Improvements. The Subrecipient shall provide documentation
indicating funding source(s) or other proof as may be required by the Administrator.
8.4 Professional Services The Subrecipient shall retain professional services and all
necessary contractors for construction of the Improvements in accordance with 2 CFR
Part 200.459, as amended, and construct Improvements in accordance with final plans
and specifications and the schedule submitted to GMD as set out in subsections 2.1
and 2.3 of this Agreement. The Board of Directors of the Subrecipient shall ensure that
professional services, relating to the construction of the Improvements, are retained and
that the construction of the Improvements is supervised.
8.5 Change Order Procedure. A change order procedure must be instituted to make
changes in the plans or specifications or to decrease or increase the quantity of work to
be performed or materials, equipment, or supplies to be furnished for the Improvements
to the homes. The Subrecipient shall maintain records of all change orders and made
available for review, as requested by the Administrator. Any money expended by the
Subrecipient by a change order and not approved by the Administrator, the Subrecipient
shall bear all such costs associated with unapproved changes.
8.6 Staff and Administrative Support. The Subrecipient shall provide sufficient staff
and administrative support to supervise the construction of the Improvements to the
homes.
8.7 Use of Funds. The Subrecipient covenants that all CDBG funds expended under
this Agreement will be used solely for the activities described in this Agreement. The
Subrecipient shall reimburse the City for all funds expended for activities not related to
the purpose and activities described in this Agreement or that violate Federal or State
laws.
8.8 Accounting and Audit. The Subrecipient shall record financial transactions
according to approved accounting procedures and provide an independent audit of the
expenditures in accordance with 2 CFR Part 200.501, as amended. Such audit must be
completed within ninety (90) days after the Improvements were completed. A copy of
the audit must be provided to the City within thirty (30) days of completion of the audit.
If the audit shows discrepancies between amounts charged the Subrecipient and
amounts reimbursed to the Subrecipient by the City, a resolution of the discrepancies
FY20 CDBG Boys and Girls Club of the Coastal Bend
must be made within sixty (60) days from receipt of the audit by the City. If the
Subrecipient owes the City money in resolution of the discrepancies, the money must
be paid within ninety (90) days from receipt of the audit by the City or the Subrecipient is
in default pursuant to this Agreement. External Audits must be submitted to the City no
later than 30 days after received until five (5) years after the projects has been closed.
8.9 Completion Date of Construction. The Subrecipient shall complete construction
of the Improvements to the improvements in accordance with home assessments and
improvements under Section 2.1 by September 30, 2021. If the Subrecipient is
rendered unable to carry out the terms of this subsection, the Subrecipient shall
promptly give the City written notice of such delay together with reasonable particulars
concerning it. The Administrator may extend the construction time schedule for such
time as may be deemed necessary and justified. (An extension of the term is addressed
in Section 10.)
SECTION 9. CITY'S REQUIREMENTS.
9.1 Commitment of Funding for Improvements of Homes. The City shall provide the
Subrecipient up to One Hundred Thousand ($100,000) from the FY2020-21 CDBG
Program for Improvements to the improvements as described in Section 2 of this
Agreement and in accordance with improvements assessments, budget, and
construction schedules made a part of this Agreement, subject to the Subrecipient's
compliance with the provisions of this Agreement.
9.2 Additional Funds. Nothing in this Agreement may be construed as requiring the
City to provide additional construction funds to the Subrecipient at any time in the future.
SECTION 10. GENERAL PROVISIONS.
10.1 Term. This Agreement terminates September 30, 2021. Extensions to the term
of this Agreement may be requested by the Subrecipient and approved by the City
Manager or designee. However, the Subrecipient is bound by all covenants, terms, and
conditions of this Agreement including, without limitation, recordkeeping, for a period of
five (5) years commencing on the date of the Subrecipient's execution of this
Agreement, unless a specific bound period is shorter or longer as may be stated in this
Agreement.
10.2 Objective. The Subrecipient shall monitor the improvements assisted with CDBG
funds for one (1) year after project is deemed closed by the City, to further the primary
objective of the Housing and Community Development Act as outlined in 24 CFR
570.200 and 570.208, as each may be amended, and will make all improvements to the
restrooms by September 30, 2021 and provide facility services to help low and
moderate income individuals in accordance with HUD's Community Development Block
Grant regulations and guidelines and all local, State, and Federal requirements and
laws.
FY20 CDBG Boys and Girls Club of the Coastal Bend
10.3 Licensing. The Subrecipient shall obtain and maintain any certificates and
licenses that are required of the Subrecipient, for the construction rehab of the homes,
as required by the United States, the State of Texas, the City, and any other agencies
having regulatory jurisdiction over the Subrecipient.
10.4 Maintenance. The Subrecipient shall furnish all maintenance and improvements
assisted with CDBG funds as necessary under Subrecipient's Program services
guidelines.
10.5 Default. In the event the Subrecipient ceases to meet all the requirements, in
accordance with the terms of this Agreement or commits any other default in the terms
of this Agreement, the City is herein specifically authorized to demand reimbursement of
the CDBG funds paid to the Subrecipient and, in the event the City is not promptly
repaid, the City may seek legal action in any manner the City deems necessary towards
Subrecipient for reimbursement of all or portion of the FY20 CDBG funds to the City.
10.6 No Liability. In no event is the City liable for any contracts made by or entered
into by the Subrecipient with any other person, partnership, association, firm,
corporation, or governmental entity.
10.7 Notices.
(A) All notices, demands, requests, or replies provided for or permitted under this
Agreement, by either party must be in writing and must be delivered by one of the
following methods: (1) by personal delivery; (2) by deposit with the United States
Postal Service as certified or registered mail, return receipt requested, postage
prepaid; (3) by prepaid telegram; (4) by deposit with an overnight express delivery
service, for which service has been prepaid; or (5) by fax transmission.
(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: If to the Subrecipient:
City of Corpus Christi Boys and Girls Club of the
Attn: Leticia Kanmore, Administrator Coastal Bend
Grant Monitoring Department Attn: Kim Barrientos, CEO
1201 Leopard St. 3902 Greenwood Drive
Corpus Christi, TX 78401-2825 Corpus Christi, TX 78416
(361) 826-3816 Office (361) 853-2505
(361) 826-3005 Fax (361) 853-1943 Fax
FY20 CDBG Boys and Girls Club of the Coastal Bend
With a copy to:
City of Corpus Christi
Attn: Rudy Bentancourt, Director
Grant Monitoring Department
P.O. Box 9277
Corpus Christi, TX 78469-9277
(361) 826-3021 Office
(361) 826-3005 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 (ten) working days after the address is changed.
10.8 Nonassignment. The Subrecipient may not assign, mortgage, pledge, or transfer
this Agreement or any interest in the Improvements without the prior written consent of
the City.
10.9 Nonexclusive Services. Nothing in this Agreement may be construed as
prohibiting the Subrecipient from entering into contracts with additional parties for the
performance of services similar or identical to those enumerated in this Agreement, and
nothing in this Agreement may be construed as prohibiting the Subrecipient from
receiving compensation from such additional contractual parties, provided that all other
terms of this Agreement are fulfilled.
10.10 Breach of Agreement. Notwithstanding any other provisions of this Agreement,
should the Subrecipient breach any section or provision of this Agreement including,
without limitation, the failure to pay taxes, assessments, or other government charges,
the breach shall be remedied in accordance with subsection 4.3 of this Agreement and
any other applicable subsections. If repayment is required as a remedy, other remedies
may be pursued, as deemed necessary by the City Manager, if repayment is not made.
The City is entitled to reasonable attorney's fees in any court action arising out of this
Agreement.
10.11 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 approved on behalf of the City by the City Manager.
10.12 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,
subdivision, 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.
FY20 CDBG Boys and Girls Club of the Coastal Bend
10.13 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.
10.14 Warranty from Contractor. Upon the Subrecipient's receipt of a copy of the
Architect/Engineer's certificate (if applicable) or prime contractor of substantial
completion, the Subrecipient shall only look to the architects, engineers, contractors,
subcontractors, manufacturers, and their respective warranties to remedy any defects in
design, workmanship, or materials, and the Subrecipient covenants and agrees that the
City has no responsibility for any defects of any kind or nature whatsoever, even if it is
alleged such defect is due to the City's negligence. The City must be a third-party
beneficiary to the Subrecipient's contracts effecting the Improvements, and all
warranties and duties under such contracts must be in favor of the Subrecipient and the
City.
10.15 Copies of Rules and Regulations. Copies of some of the Federal rules and
regulations referenced in this Agreement have been provided to the Subrecipient at the
precontracting conference as evidenced by the Subrecipient's CDBG Compliance
Affidavit, which is attached to this Agreement as Exhibit C and incorporated in this
Agreement by reference. Any failure, by the City, to supply the Subrecipient with any
other Federal rules and regulations which may be applicable to the Subrecipient,
improvements, CDBG funding, or to recipients of Federal funds does not waive the
Subrecipient's required compliance in accordance with Federal law.
10.16 Disclosure of Interests. 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.
10.17 Acknowledgment of Funding Source. The Subrecipient shall give credit to the
City's CDBG Program as the project funding source in all presentations, written
documents, publicity, and advertisements regarding the Improvements. The
Subrecipient agrees to acknowledge the sponsorship of the City of Corpus Christi at any
event promoting the project or any other project sponsor.
10.18 Certification Regarding Lobbing. In compliance with federal law, the
Subrecipient shall execute Exhibit E, 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)
FY20 CDBG Boys and Girls Club of the Coastal Bend
Executed in duplicate originals this I day of l nbe K' 20 3-0
ATTEST: City of Corpu Christi
Rebecca Huerta, Secretary Keit Se man,
Assistant City Manager
AUIt�Un►c.
sT C-AUNCIL__.J__,41.!.>_
SECIRETARv �(S
APPROVED AS TO FORM THIS /7 DAY OF Zv , 207d .
Miles Risley, City Attorney
BY: ���
Kent Mcifyr
Assistant City Attorney
FY20 CDBG Boys and Girls Club of the Coastal Bend
SUBRECIPIENT: BOY AND GIRLS CLUB OF THE COASTAL BEND.
ta(.0 / •5 .20 X)
Exec tive Direc or Designee Date
ATTEST:
(Seal Below)
FY20 CDBG Boys and Girls Club of the Coastal Bend
020