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HomeMy WebLinkAboutC2020-439 - 11/18/2020 - NA INTERDEPARTMENTAL AGREEMENT FY2020 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT This interdepartmental agreement ("Agreement") is entered into by and between the Housing and Community Development Department of the City of Corpus Christi ("HCD") and the Parks and Recreation ("Department) of the City of Corpus Christi ("City"). WHEREAS, the City has received funds from the U. S. Department of Housing and Urban Development ("HUD") under Title I of the Housing and Community Development Act of 1974 ("Act"), as amended, for utilization in connection with the City's Community Development Block Grant ("CDGB") Project; WHEREAS, the City Council of the City of Corpus Christi ("City Council') has adopted a budget for expenditure of the City's FY20 CDBG Project funds and has allocated: ONE MILLION AND NO/DOLLARS $1 ,000,000 ("Funds") for a Project entitled Salinas Park Improvements ("Project") WHEREAS, HCD is responsible for the administration of CDBG Funds and for monitoring of the Project; WHEREAS, HCD wishes to engage the Department to implement and manage the Project; and WHEREAS, in consideration of the tasks, activities, and services to be performed and rendered by the Department under this Agreement, HCD shall provide the Department with the HUD approved Funds for completion of the Project. NOW, THEREFORE, the parties to this Agreement covenant and agree, and by the execution of this Agreement are bound, to the mutual obligations contained in this Agreement and to the performance and accomplishment of the tasks, activities and services as described. I. TERM 1 .1 . Except as otherwise provided for pursuant to the provisions of this Agreement, this Agreement commences immediately upon its full execution and terminates on either (i) September 30. 2021. or (ii) Project completion, whichever occurs earliest in time. At the completion of the term, HCD reserves the right to recapture funding for Projects which have not yet begun. FY2020 CDBG Parks and Recreation Department- Salinas Park Improvements SC/ JJ N ED Page 1 of 8 II. SCOPE OF WORK 2.1 The Department shall complete the work outlined in the FY2020 CDBG Request for Proposal response ("RFP Response") and the Project Completion Table submitted to GMD for consideration to receive funding and which is incorporated in this Agreement by reference as if set out fully within this document. The Department will provide park improvements to include installation of a shade structure over the new Play-for-all Splash pad; additional shade structures over picnic tables around the splash pad; partial fencing around the basketball court to allow for wheelchair basketball without the ball rolling into adjacent parkland; removal and replacement of the asphalt walking trail in the park to meet ADA compliance; park lighting for sports field and walking trail; and an irrigation system where none exists and other improvements deemed necessary. The funding provided under this Agreement is made with the express condition that no part of the Project previously improved with federal funds may be further similarly improved. For the purposes of this Agreement, the term "Project" collectively includes the aforementioned real properties and any improvements existing thereon as of the date of the Department's execution of this Agreement and includes, where appropriate and in context, the Improvements to be constructed with the funding provided under this Agreement. All Improvements must be constructed in accordance with the plans and specifications ("Plans") prepared by the Department's registered architect or licensed professional engineer retained pursuant to subsection 10.3 and 10.4. 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 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. III. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS 3.1 The Department shall operate the Project to further the primary objective of the Housing & Community Development Act as outlined in 24 CFR 570.200 and 570.208, as each may be amended, and will complete the Project by September 30, 2021, and provide Projects to help low and moderate income individuals and individuals with disabilities improve the quality of their lives and reach their maximum potential for independence and at all times in accordance with HUD's Community Development Block Grant regulations and guidelines and all local, State, and Federal requirements and laws. The Department certifies that the activities carried out under this Agreement will be eligible and comply with national objectives and will establish and maintain records demonstrating eligibility and compliance with national objectives. 3.2 The Department acknowledges that summaries of certain compliance requirements mandated by the applicable federal laws and regulations have been provided to it. The Department further acknowledges that the summaries, and any amendments to the summaries, are intended only as summaries and in no way are meant to constitute a complete FY2020 CDBG Parks and Recreation Department- Salinas Park Improvements Page 2 of 8 compilation of all obligations imposed upon the Department by law or to narrow the standards which the Department must follow. 3.3 The Department shall ensure all contracts contain language requiring that all contractors and subcontractors receiving Funds in connection with this Project are familiar with and shall comply with any and all applicable laws, regulations, and rules governing the third party's conduct with respect to the Project. The Department shall observe and comply with all federal, State, and local laws, regulations, and rules affecting the Department's operations pursuant to this Agreement, including but not limited to: a. Equal Participation Documentation. The Department shall maintain 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 Project 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. b. Compliance Documentation. The Department shall maintain 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, 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. c. Equal Employment Opportunity. The Department shall comply with all applicable Federal Equal Employment Opportunity regulations, including, but not limited to, Executive Order 11246, as amended, and Section 3 of the Housing and Urban Development Act of 1968 as set forth in 24 CFR 570.607, as amended, and shall require compliance with the aforementioned laws and regulations in all contracts the Department enters into with respect to construction of the Improvements. ci. Request for Bids/Proposals. The Department shall comply with requirements of OMB Circular 2 CFR Part 200.319, as amended, and all State and local procurement requirements with regard to solicitation of bids and proposals for completion of the Project, if applicable, and shall provide such records to representatives of HUD, the City Manager, or the Administrator upon request. e. Accessibility. The Department shall comply with the Americans with Disabilities Act of 1990, as amended, the Architectural Barriers Act of 1968, 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. f. Civil Rights Compliance. The Department agrees to comply with all local I FY2020 CDBG Parks and Recreation Department-Salinas Park Improvements Page 3 of 8 ordinances and State laws relating to civil rights and with Title VI of the Civil Rights Act of 1964 as amended and implementing regulations in 24 CFR part 1, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the American with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063 as amended by Executive Order 12259 and implementing regulations in 24 CFR part 107, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. g. Labor Standards. The Department agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act(40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Department agrees to comply with the Copeland Anti-Kick Back Act (19 U.S.C.874 et seq.) and it's implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Department shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the GMD for review upon request. 3.4 The Department agrees that all improvements paid with CDBG funds will remain in place and the facility will continue to be used for the same use and purpose for up to five (5) years after construction is complete and Project is closed by GMD Staff. Improvements must continue to benefit low/moderate income persons up to five (5) years, as per the National Objective for which the Project was deemed eligible for funding. IV. OTHER FUNDS AND RESOURCES 4.1 The Department agrees that the Funds provided to it under the terms of this Agreement may not be substituted for funds and resources provided from other sources, nor shall the Funds actor serve to reduce the funds, resources, services, or other benefits which would have been available to or provided through the Department has this Agreement not been executed. V. PERFORMANCE 5.1 The Department shall manage, implement, perform, provide, and carry out in a timely manner all the tasks, activities, and services set forth in the RFP Response. 5.2 Department in managing CDBG Funds shall comply with CDBG processes as established by GMD. 5.3 Funds are provided for the accomplishment of this Project and its specific work tasks only, as approved by the City Council. Accordingly, when all approved work tasks are completed, the Department shall forward to GMD a statement detailing that the Project has been completed ("Project Completion Statement") and a memo stating that the Project has been accepted by the City ("Project Acceptance Memo") in conjunction with submission of FY2020 CDBG Parks and Recreation Department- Salinas Park Improvements Page 4 of 8 the final Project invoice. VI. FISCAL 6.1 In as much as the City Council has delegated to GMD the responsibility for fiscal oversight, control, and monitoring of CDBG Project Funds, the Department shall submit to GMD, written approval prior to final processing, all Project matters that are fiscal in nature including, but not limited to, requests for payment, purchase orders, requisitions, budget adjustments, and invoices. The Department understands and agrees that Funds are awarded only for the indicated term of this Agreement. The Department is solely responsible for submitting any and all invoices (i) no later than the close of business by August 31, 2021, or (ii) 30 calendar days upon Project completion, whichever occurs earliest in time. VII. MAINTENANCE AND ACCESSIBILITY OF RECORDS 7.1 The Department agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of any Funds received pursuant to this Agreement. 7.2 The Department further agrees that (i) maintenance of the records must be in compliance with all terms and provisions of federal law providing for complete disclosure of the status of any Funds received pursuant to this Agreement; (ii) the records must be kept in compliance with all applicable federal and State laws, regulations, and rules establishing standards for governmental financial management; (iii)the Department's records system must, at all times, contain sufficient documentation to provide in detail full support and justification for each expenditure of the Funds provided under this Agreement. 7.3 As often, at such time, and in such form as needed, GMD may require the Department, by verbal or written request, shall make available and/or furnish to GMD any and all statements, reports, data, and information deemed necessary by GMD to matters which pertain to this Agreement. The Department shall maintain and provide any information, reports, data, and forms pertinent to this Agreement as HUD,the Inspector General, the Comptroller of the United States, or any of their authorized representatives, may, from time to time, request for the proper administration of this Agreement. 7.4 The Department shall retain all financial records, supporting documents, statistical records and all other records pertinent to this Agreement for a period of five (5) years. The retention period begins on the date of the submission of the GMD's annual performance and evaluation report to HUD in which the activities assisted under this Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later. VIII. PERFORMANCE REPORTS 8.1 At a minimum, the Department shall submit Quarterly Project Status Reports to GMD no later than the 10th day of the end of each quarter. GMD Staff shall provide Department the FY2020 CDBG Parks and Recreation Department-Salinas Park Improvements Page 5 of 8 reports and Department shall be responsible for timely submittal of reports. Reports will begin at the execution of this Agreement and commence at the conclusion of the construction of each Project. 8.2 The Department shall complete and submit a final Performance Measurement System Report ("Final Report") no later than 15 calendar days after completion of the Project. IX. CHANGES AND AMENDMENTS 9.1 Alterations, additions, or deletions to the terms of this Agreement may be made by written amendment and must be executed by both the GMD Administrator and the Director, or the Director's designee, of the Department. X. DEPARTMENT REQUIREMENTS 10.1 Precontracting and Preconstruction Conference. The Department has attended a precontracting conference with City representatives. The Department and all of its identified contractors and subcontractors must attend a preconstruction conference with City representatives. Failure to do so may result in Department being ineligible to receive the CDBG funds awarded and allocated to the Department under this Agreement. Pledged Contribution. The Department shall provide any additional funds needed for the completion of the Improvements. The Department shall provide canceled checks or other proof as may be required by the Administrator as proof of the contribution. 10.2 Prepare Plans and Specifications. The Department shall retain a registered architect or licensed professional engineer in accordance with OMB Circular A-110, as amended, to prepare the Plans and to inspect all Improvements to ensure conformity with final plans and specifications submitted to the Administrator. 10.3 Professional Services. The Department shall retain professional services and all necessary contractors for construction of the Improvements in accordance with OMB Circular A-110, as amended, and shall construct the Improvements in accordance with final plans and specifications and the schedule submitted to Grant Monitoring Department as set out in subsections 1.1 and 2.1 of this Agreement. (Execution Pages Follow) FY2020 CDBG Parks and Recreation Department-Salinas Park Improvements Page 6 of 8 Executed in duplicate this 11 day of 1\0 tJQAMI.6Q,r2o20. PARKS & RECREATION DEPARTMENT ---7---- /141/ /2 702 Trat'y Ca In -rim Director Date `Parks and Recre:tion Department — cry GRANT MONITORING DEPARTMENT 1 (, i 3 - Za 2_12J Ru y Bentancourt, Director Date Grant Monitoring Department CITY ADMINISTRATION /0 / /// i /Ais/i/.7 „___"„,.. , • , I eith el ' fli Da - Assistant City Manager APPROVED AS TO FORM: L W. Kent Mcilyar Assistant City Attorney FY2020 CDBG Parks and Recreation Department-Salinas Park Improvements Page 7 of 8 Project Completion Table Play for all Splash FY2020 Project: Playground Project Timetable* Design/Planning Planning/Design $ Complete: 10/2020 Design/Assessment Construction $ Phase: 11/2020 Contingency Bid Date: 12/2020 Inspections Award Date: 2/2021 Other: $1,000,000.00 Construction Begin: 2/2021 Total $1,000,000.00 Project Complete: 9/2021 *Provide actual dates Please be informed that HUD requires the City to meet a CDBG spending ratio on an annual basis; therefore, the "Project delivery timeline" is very crucial and the funded department must make every effort to deliver the Project as planned. I FY2020 CDBG Parks and Recreation Department- Salinas Park Improvements Page 8 of 8