HomeMy WebLinkAboutC2005-731 - 9/13/2005 - Approved
CDBG SUBRECIPIENT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND THE
NUECES COUNTY COMMUNITY ACTION AGENCY
THE STATE OF TEXAS 9
9
COUNTY OF NUECES 9
KNOW ALL BY THESE PRESENTS:
This agreement ("Agreement") is made and entered into between the City of Corpus
ChristL a Texas home-rule municipal corporation ("City"), acting through its City Mana-
ger or the City Managers designee ("City Manager"), and the Nueces County Commu-
nity Action Agency ("Subrecipient") a nonprofit corporation organized under the laws
of the State of Texas
WHEREAS, the City has allocated Eighty Thousand Dollars ($80,000) from the
FY2005-06 Community Development Block Grant ("CDBG") Program to weatherize
homes occupied by low Income families in target areas:
WHEREAS, the City desires that safe and sanitary housing be provided for low and
moderate income Individuals and individuals with disabilities:
WHEREAS, the Subreclpient desires to provide weatherization services to low and
moderate income Individuals and individuals with disabilities within the City of Corpus
Christi and throughout the community served by the Subrecipient in conformity with 24
CFR 570208, as amended: and
WHEREAS, the City wishes to encourage the services provided by the Subrecipient
and 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. SCOPE, BUDGET, SCHEDULE, AND PAYMENT REQUIREMENTS.
1.1 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 FY2005-06,
such proposal being Incorporated into this Agreement by reference as if fully set out in
this Agreement. The Subrecipient, through its contractors and subcontractors, shall
make minor repairs, including the installation of ramps, replace nonworking and faulty
water heaters, install smoke and carbon minoxide detectors, and weatherize homes
occupied by low and very low income individuals and individuals with disabilities
("Improvements") by May 31, 2007 All Improvements must be constructed in accor-
dance with the plans and specifications ("Plans") prepared by the Subrecipient's
registered architect or licensed professional engineer retained pursuant to subsec-
tion 7.3 No construction may commence until the Plans are approved by the Admini-
strator or the Administrator's designee ("Administrator") of the City's Community
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N(( '\J\
Development Division C COD") and by the City's Development Services Department
"Development Services").
1.2 Subrecipient Matching Funds Requirement. The Subrecipient shall provide Two
Hundred Fifty-five Thousand Seven Hundred Eighty-two Dollars ($255,782) in matching
funds for the construction of Improvements If Subrecipient is required under this
Agreement to meet a matching funds requirement and fails to meet any portion of the
requirement, the Subreclpient's allocation will not be disbursed, but is automatically
forfeited and reverts to the City for Inclusion in future CDBG Programs.
1.3 Budget and Construction Schedule. The Subrecipient has provided an esti-
mated project budget and project construction schedule ("Project Budget and Con-
truction Schedule") based upon the proposed Improvements listed above and as are
described within this Agreement, which Project Budget and Construction Schedule is at-
tached to this Agreement as Exhibit A and is incorporated into this Agreement by
reference Ten days prior to the award of any construction contract or subcontractor
construction contract pursuant to this Agreement, the Subrecipient shall provide a
finalized budget, which must include a schedule of the detailed costs of construction,
and a schedule of construction completion dates. which must include a detailed comple-
tion schedule for the vanous aspects of construction for Improvements to the Facility,
which document(sl will then be substituted for the then-existing Exhibit A and become
Exhibit A of this Agreement for all purposes under this Agreement.
1.4 Contents of Finalized Budget and Construction Schedule(s). The finalized
budget must include line-item costs for each item referenced in subsection 1.1 of this
Agreement. The finalized budget must provide a detailed presentation of projected
resources and expenses. The finalized construction schedule for Improvements must
reflect the anticipated timeline for the completion of construction stages for each of the
Improvements set out in subsection 1 1 of this Agreement, including, but not limited to,
dates for the retention of a registered architect or licensed profeSSional engineer, com-
pletion of Plans, completion of conditions precedent to construction, commencement of
construction, completion of construction phases. and expected final completion date of
the Improvements
1.5 Requests for Payment.
(A) All requests for payment made pursuant to this Agreement must be submitted to
the Administrator.
(B) Progress payments for the Improvements will be made based upon the finalized
budget and construction schedule and the submittal and approval of appropriate
documentation of the work completed, including, without limitation, fully itemized
American Institute of Architects ("AlA") forms.
(C) No progress payments will be made without certification by the registered architect
or licensed profeSSional engineer that the phase to which the payment applies has
been substantially completed nor will any progress payment be made without an
inspection by staff of CDD and Development Services and approval by the Admin-
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istrator and Development Services staff affirming that the work has been com-
pleted
(D) The Administrator may require that the Subrecipient provide a down date waiver
and a subordination of mechanic's lien claims prior to any payment.
(E) All payments will be adjusted according to the actual construction cost and the
matching funds requirement, if any, and in no event may any payment exceed the
stated amount of thiS Agreement. All requests for payments, excluding acquisition
of property, will be prorated to reflect the Subrecipient's share of costs as per the
approved finalized budget.
1.6 Approval of Finalized Budget and Construction Schedule(s). Construction of
Improvements may not commence prior to the Administrator's approval of the finalized
budget and construction schedule required under subsection 1.4 of this Agreement.
The City will not reimburse any construction costs incurred by the Subrecipient prior to
the approval of the finalized budget and construction schedule(s), except for profes-
sional services as may be allowed in the Administrator's discretion.
1.7 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.
seCTION 2. RECORDKEEPING, UNIFORM ADMINISTRATIVE REQUIREMENTS
AND OTHER PROGRAM REQUIREMENTS.
2.1 Construction and Operations Records. The Subrecipient shall provide access to
all original records. reports, and audits including, without limitation, all agreements; in-
voices; payment and payroll records; bank records; Plans written and drawn pursuant to
this Agreement, change orders; contracts between the Subrecipient and its contrac-
tor(s), between contractor(s) and their subcontractor(s), and 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 Agree-
ment; affidavits executed pursuant to this Agreement; documentation of clientele being
benefited by the Improvements (i.e., household income, qualifying information, number
of persons being served. etc.) and the activity being carried out which pertains to the
construction of the Improvements; and all written obligations pursuant to this Agree-
ment, including. but not limited to, all information on matching 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 ("HUO"), or both, to
conduct audits and monitoring
2.2 Equal Participation Documentation. The Subrecipient shall keep and provide ac-
cess to records documenting compliance with Section 109 of the Housing and Commu-
nity Development Act of 1974 [42 United States Code ("U.S.C.") 95309], as amended,
which requires that no person shall. on the ground of race, color, national origin, reli-
gion, or sex, be excluded from participation in, be denied the benefits of, or be sub-
jected to discrimination under any program or activity funded in whole or in part with
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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.
2.3 Information and Reports. The Subrecipient shall provide any information, reports,
data, and forms pertinent to this Agreement as the Administrator or staff of CDD may,
from time to time. request for the proper administration of this Agreement.
2.4 OMB Circulars A-11 0, A-122, and A-133. The Subrecipient shall comply with the
requirements and standards of United States' Office of Management and Budget
("OMB") Circulars A-110, A-122, and A-133, as each may be amended.
2.5 Compliance Documentation. The Subrecipient shall keep and provide access to
records documenting compliance with the rules and regulations contained in Title 24,
Chapter 570, e1. 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. If there is a con-
flict 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 by the Subrecipient with respect to construction of the Improve-
ments
2.6 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
2.7 Request for Bids/Proposals. The Subrecipient shall comply with requirements of
OMB Circular A-110, 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.
2.8 Real Property Acquisition. The Subrecipient shall comply with requirements of
49 CFR Part 24, Subpart B, as amended, and all State and local acquisition require-
ments 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.
2.9 Disabled and Handicapped Accessibility. The Subrecipient shall comply with
the Americans with Disabilities Act of 1990, as amended, and with the rules and regu-
lations published in 28 CFR Part 36. as amended, and all State and local requirements
regarding disabled accessibility
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2.10 Religious Organizations. The Subrecipient shall comply with requirements re-
garding religious organizations, as set forth in 24 CFR 570,200(j), as amended.
SECTION 3. SUSPENSION AND TERMINATION.
3.1 Application of 24 CFR 85.43. The City may suspend or terminate this Agreement
in accordance with 24 CFR 85.43, as amended, if the Subrecipient materially fails to
comply with any term of the CDBG Program award or this Agreement.
3.2 Application of 24 CFR 85.44. This Agreement may be terminated for convenience
!n accordance with 24 CFR 85.44, as amended,
3.3 Remedies for Non-compliance. Pursuant to the provisions cited in Section 3 of
this Agreement. to Federal rules and regulations applicable to the Subrecipient, and to
HUD guidelines, if any deficiencies are discerned by or through monitoring of this
Agreement, the Administrator may either 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,
3.4 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 3.1 and 3.2 of
this Agreement and all other provisions of this Agreement providing responsibilities in
the event of termination
3.5 Termination. Upon a termination of this Agreement, the Subrecipient agrees to
refund to the City all CDBG Program funds expended on construction of the Improve-
ments, If the Subreclpient 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 24 CFR 85 43 and 85.44, as each may be amended. Notwithstanding this
provision the Reversion of CDBG Funds provision, set out in Section 4 of this Agree-
ment, also applies to the Subrecipient's CDBG Program funds on hand, accounts
receivable. and real property under the Subrecipient's control.
SECTION 4. REVERSION OF CDBG FUNDS.
4.1 Improvements Used to Meet National Objective and Same Business Purpose.
The Subrecipient's Improvements must be used to meet one of the national objectives
set forth In 24 CFR 570,208, as amended, during the term of this Agreement and for
one year following the date of final completion of the construction of the Improvements
or one year following the date of the last disbursement of CDBG funds under this
Agreement, whichever is longer, In addition, the Subrecipient shall use the Improve-
ments for the same business purpose as that which existed on the date of the Sub-
recipient's execution of this Agreement for a period of five (5) years following the date of
final completion of the construction of the Improvements or following the date of the last
disbursement of CDBG funds under this Agreement, whichever is longer.
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4.2 Improvements Not Used to Meet National Objective and Same Business
Purpose. In the event that the Subrecipient's Improvements are not used to meet one
of the national objectives or the same business purpose for the length of time specified
:n subsection 4 1 of this Agreement, then the Subrecipient shall reimburse the City for
the CDBG funds received by the Subrecipient as follows:
IA) Failure to meet national objective: The Subrecipient must reimburse the total award
of CDBG funds received under this Agreement.
(B) Failure to use Improvements for same business purpose: Prorated reimbursement
as a fractional amount, the numerator being the number of months that the Sub-
recipient's Improvements failed to be used for the same business purpose as that
which existed on the date of the Subrecipient's execution of this Agreement and the
denominator being 60, multiplied by the total amount of CDBG funds received by
the Subreclpient under this Agreement.
4.3 No Election of Remedies. Resort, by the City, to a remedy under subsection 4.2
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 5. PROGRAM INCOME.
5.1 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 operate public facilities to provide services to low and
moderate income individuals and individuals with disabilities 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 August 31 for the previous
year ending July 31
5.2 Accounting for Program Income. The Subrecipient shall comply with OMB
Circular A-11 0, as amended, with reference to program income, if applicable.
SECTION 6. INSURANCE AND INDEMNITY PROVISIONS.
6.1 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 certifi-
cate 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
Subreciplent
6.2 Notice to City. The Subreciplent shall require its insurance companies, written
policies, and certificates of insurance to provide that the City must be given thirty (30)
days advance notice by the insurer prior to cancellation, nonrenewal, or material change
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of the Insurance policies required by Exhibit B. Failure to maintain such insurance will
be cause for the City to take control of the Improvements, cancel any claim that the
Subreclplent may have 10 the use of the Improvements, and cancel any and all reim-
bursements of CDBG funds to the Subrecipient
6.3 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
Subreclplent Insurance types and limits may not be adjusted more frequently than
once per year
6.4 Indemnification.
(A) The Subrecipient covenants and agrees that it will indemnify and
hold City harmless of, from, and against all claims, demands, ac-
tions, 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 de-
fects) 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 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 premises being improved or used pursuant to this Agreement,
or when any such injury or damage is the result, proximate or re-
mote, wholly or in part, of the violation by Indemnitees, the Subre-
cipient 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 dam-
age may in any other way arise from or out of the Improvements
being constructed or out of the use or occupancy of the Improve-
ments by Indemni tees, the Subrecipient, or any of its 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 Improvements,
the bidding process, actual construction of the Improvements, ad-
ministration of the construction contracts by the City or its
designee, failure of the Improvements prior to completion and
acceptance of the Improvements by the premises' owner or
occupant, failure of the Improvements to work as designed, or the
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failure of any contractor, subcontractor, or manufacturer to honor
its warranties related to the Improvements or any part, piece, or
portion of the goods constituting the Improvements.
(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 sole negligence, contributory negligence, or con-
current negligence of Indemnitees, but not if such damage or in-
jury 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
litigation commenced by any party other than the Subrecipient
relating to this Agreement and the Improvements 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 in all actions based thereon with legal counsel
satisfactory to the City Attorney, and pay all charges of at-torneys
and all other costs and expenses of any kind whatsoever arising
from any said claims, demands, actions, damages, losses, costs,
liabilities, expenses, or judgments.
(0) The provisions of this section survive the termination or expiration
of this Agreement.
SECTION 7. SUBRECIPIENT'S REQUIREMENTS.
7.1 Precontracting and Preconstruction Conference. The Subrecipient has at-
tended a precontracting conference with City representatives. The Subrecipient and all
of its identified contractors and subcontractors must attend a preconstruction confer-
ence with City representatives. Failure to do so may result in the Subrecipient being
Ineligible to receive the CDSG funds awarded and allocated to the Subrecipient under
this Agreement
7.2 Pledged Contribution. The Subrecipient shall provide any additional funds
needed for the completion of the Improvements. The Subrecipient shall provide can-
celed checks or other proof as may be required by the Administrator as proof of the
contribution.
7.3 Prepare Plans and Specifications. The Subrecipient shall retain a registered
architect or licensed professional engineer in accordance with OMS Circular A-11 0, as
amended, to prepare the Plans and to inspect all Improvements to ensure conformity
with final plans and specifications submitted to the Administrator.
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7.4 Professional Services. The Subrecipient shall retain professional services and all
necessary contractors for construction of the Improvements in accordance with OMS
Circular A-11 0, as amended, and shall construct the Improvements in accordance with
final plans and specifications and the schedule submitted to COD as set out in sub-
sections 1 1 and 1 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.
7.5 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.
The Subrecipient shall submit all change orders to the Administrator for approval prior to
the change order becoming effective Any money expended by the Subrecipient pursu-
ant to a change order and prior to submittal and approval of such change order is
not reimbursable. and the Subrecipient shall bear all such costs associated with un-
approved changes
7.6 Staff and Administrative Support. The Subrecipient shall provide sufficient staff
and administrative support to supervise the construction of the Improvements.
7.7 Use of Funds. The Subrecipient covenants that all CDSG 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.
7.8 Accounting and Audit. The Subrecipient shall record financial transactions ac-
cording to approved accounting procedures and provide an independent audit of the
expenditures in accordance with OMB Circular A-133, as amended. Such audit must be
completed withm 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
must be made within sixty (60) days from receipt of the audit by the City. If the Sub-
recipient 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
7.9 Completion Date of Construction. The Subrecipient shall complete construction
of the Improvements in accordance with the approved Plans and Specifications by
May 31. 2007. If the Subrecipient is rendered unable to carry out the terms of this sub-
section. the Subrecipient shall promptly give the City written notice of such delay to-
gether with reasonable particulars concerning it. The Administrator may extend the
construction time schedule for such time as may be deemed necessary and justified,
provided, however, that the extension of the construction time schedule does not ex-
ceed the term of this Agreement. (An extension of the term is addressed in Sec-
tion 9.
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SECTION 8. CITY'S REQUIREMENTS.
8.1 Committment of Funding for Improvements of Facility. The City shall provide
the Subrecipient up to Eighty Thousand Dollars ($80,000) from the City's FY2005-06
CDBG Program for construction of the Improvements, as described in Section 1 of this
Agreement, and in accordance with the accepted bid, budget, and construction
schedules made a part of this Agreement, subject to the Subrecipient's compliance with
the provisions of this Agreement
8.2 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 9. GENERAL PROVISIONS.
9.1 Term. This Agreement terminates June 30, 2007. Extensions to the term of this
Agreement may be requested by the Subrecipient and approved by the City Manager.
However. the Subrecipient is bound by all covenants, terms, and conditions of this
Agreement including. Without limitation, recordkeeping, for a period of six (6) years com-
mencing 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.
9.2 Objective. The Subrecipient shall complete the Improvements 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 Improvements
by May 31,2007, and provide programs to help low and moderate income individuals
and individuals with disabilities improve the quality of their lives and reach their maxi-
mum 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.
9.3 Licensing. The Subrecipient shall obtain and maintain any certificates and licen-
ses that are required of the Subrecipient and the Subrecipient's programs by the United
States the State of Texas, the City, and any other agencies having regulatory juris-
diction over the Subrecipient
9.4 Default. In the event the Subrecipient ceases to operate its programs in accor-
dance 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, to
take possession of the Improvements without recourse and to dispose of such Improve-
ments In any manner the City deems necessary to reimburse the City.
9.5 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.
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9.6 Notices,
rA) 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
Attn: Administrator Community Dev. Div.
POBox 9277
Corpus Christi, Texas 78469-9277
(361 ) 826-3045 Office
(361)844-1740 Fax
NCCAA
Attn: Executive Director
4760 Old BFe'NrlGvillB Rg~d lO \
Corpus Christi, Texas 78405
(361) 883-7201, x12 Office
(361) 883-9173 Fax
~(',t.> r/
(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 ten (10)
working days after the address IS changed.
9.7 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
9.8 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 no-
thing 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
9.9 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 3.3 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.
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The City IS entitled to reasonable attorneys fees In any court action arising out of this
Agreement
9.10 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
9.11 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,
9.12 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.
9.13 Warranty from Contractor. Upon the Subrecipient's receipt of a copy of the
Architect/Engineer's certificate 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 de-
fects 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 con-
tracts must be in favor of the Subrecipient and the City
9.14 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, its
programs, the Improvements, CDBG funding, or to recipients of Federal funds does not
waive the Subrecipient's required compliance in accordance with Federal law.
9.15 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 com-
pleted form, are incorporated in this document by reference as if fully set out in this
Agreement
9.16 Acknowledgment of Funding Source. The Subrecipient shall give credit to the
City's CDBG Program as the project funding source in all presentations, written docu-
ments, publicity, and advertisements regarding the Improvements. The Subrecipient
NCCAA FY0506 Agmtdoc
Page 12 of 1 5
agrees to acknowledge the sponsorship of the City of Corpus Christi at any event
promotIng the project or any other prOject sponsor.
(EXECUTION PAGES FOLLOW)
NCCAA FY0506 Agmtdoc
Page 13 of 15
Executed in duplicate onginals this ,'"_ day of
\(0v.,,,-
, 2006.
ATTEST:
CITY OF CORPUS CHRISTI
Anna~
City Secretary
~
G60rge K. Noe
City Manager
Approved as to form only:
,/ #<'._\ ,/
l (! j 01,/
f' / /
,2006
/ )' ,/ ,I.,
"-- ~I
'" ' ;~k
R. Hundley" I
Assist t City Attorney !
for the City Attorney
'!J ac.S 513.. AUTHOIULt.1
" COUNCIL .__9.J.LJ..).?:S
lie
-' -.- ............~r'~~~.TA~~..0L-
ACKNOWLEDGMENT
STATE OF TEXAS ~
~
COUNTY OF NUECES ~
KNOW ALL BY THESE PRESENTS:
( "'
This instrument was acknowledged before me on '~l ~J 6- , 2006,
by George K. Noe, City Manager of the City of Corpus Christi,ia Texas home-rule
municipal corporation. on behalf of the corporation.
(seal)
/j
/ ",
\ ~lLtLH. 1~.(t,~L
Notary 'Public, State of Texas
'lil "t9'~ Pu~ Connie Parks ~
~*~ My CommisSion Expires ii
I ~~ . ~.. November 09. 2007 ~
~ ' -----,
NCCAA FY0506 Agmt doc
Page 14 of 1 5
SUBRECIPIENT: NUECES COUNTY COMMUNITY ACTION AGENCY
~;< ~..~
o d esident
GeDriA,lL (?... t:..<>s.o..s
Printed n e
(0 I:L. \ ~cob
Date
ACKNOWLEDGMENT
STATE OF TEXAS 9
9
COUNTY OF NUECES 9
KNOW ALL BY THESE PRESENTS:
~hls instrument was acknowledged before me on ~ ~.;l.. ,2006,
by (j ~o~...ld_ ~. e.~<;t+s , Board Pre ent, of the Nueces County
Community Action Agency, a Texas nonprofit corporation on behalf of the corporation.
seal)
/i~~
C' ..' ). .
Notary Public, State of Texas
f!::i:;;"'\.'.,. Christina R Gardner ,
~,.Jt\... .'" My CommlSSlOIl Expwes
~..# 0c:tJber 25, 2006
NCCAA FY0506 Agmtdoc
Page 15 of 15
Nueces County Community Action Agency
FY-2005 CDBG PROJECT
SCHEDULE
2006
July
August 8
September 8
October 8
November 8
December 4
J an uary
Preliminary Construction ScbedulelBudget
-,
,
5
Total of 48 Homes in the City of Corpus Christi, city limits.
Budget
Preliminarv Bud~et: Funds needed for tbe oroiect.
Materials
CDBG
Liheap/Doe
$ 48,000.
$ 98,784.
Labor
CDBG
Liheap/Doe
Subtotal
Liheap/Doe
Program Support
Administration
Total homes 72 of which 48 will be enhanced by CDBG
Total Project cost $335,782.
$ 32,000.
$ 98,784..
$277,568.
$ 58,214.
CDBG
LiheaplDoe
Program Support
LibeaplDoe
Total Project Cost
$ 80,000.
$197,568.
$58,214.
$335,782.
EXHIBIT A
EXHIBIT B
INSURANCE REQUIREMENTS
Subreciplent'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 Subreclplent must furnish to the City's Risk Manager two (2) copies of Certificates of Insurance,
showing the following minimum coverage by insurance company(s) acceptable to the City's
Risk Manager. The City must be named as an additional insured for all liability policies, and a
blanket waiver of subrogation is required on all applicable policies.
.-
MINIMUM INSURANCE COVERAGE
-..-
I Bodily Injury and Property Damage
ays
t of
-
$1,000,000 Combined SinQle Limit
At a minimum, amount sufficient to cover the
replacement cost of facilities and/ or building
City to be named as loss payee using standard loss
payee clause.
Full value of any improvements constructed with
pse CDBG Funds provided under this agreement, so long
as work remains to be completed on such
Improvements
-.-...--
'--.
!
i TYPE OF INSURANCE
r~~-Day Wrilt':-notice ot -~ancellation, mater;~
change. non-renewal or termination and 10 d
written notice of cancellation for non-paymen
premium is required on all certificates
COMMERCIAL GENERAL LIABILITY including
1 Commercial Form
I 2 Prem Ises - Operations
:-I Products/ Completed Operations Hazard
4 Contractual Liability
5 Independent Contractors
~ Broad Form Property Damage
7 Personal Injury
- , .,-..
FIRE and EXTENDED COVERAGE
I
f------------
I BUILDERS RISK INSURANCE
I ' All Risks of Physical Loss !ncluding colla
i and transit coverage
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.
Community Development Biock Grant Program Subrecipient Agreements ins. req.
10-25-05 ep Risk Mgmt
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.
*
The City of Corpus Christi must be named as loss payee using a standard loss
payee clause on the Fire and Extended Coverage coverage.
*
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, "endeavor to", and deleting the wording after
"left". In the alternative, a policy endorsement providing the required cancellation
language will be accepted
*
The name of the project must be listed under "Description of Operations"
*
At a minimum. a 30-daywritten notice of cancellation, non-renewal, material change
or termination and a 1 Q-day written notice of cancellation for non-payment of
premium is required.
B
If the Certificate of I nsurance on its face does not show on its face the existence of
the coverage required by items 1.8 (1 )-(7), an authorized representative of the
insurance company must include a letter specifically stating whether items 1.8. (1 )-7)
are included or excluded
END
Community Development Block Grant Program Subrecipient Agreements ins. req.
10-25-05 ep Risk Mgmt.
EXHIBIT C
CDSG COMPLIANCE AFFIDAVIT
STATE OF TEXAS ~
~
COUNTY OF NUECES ~
Date: ~ ( .)...lS? \0___
Affiant v c.~
Community Developm
KNOW ALL BY THESE PRESENTS:
Lo~~VI'\ ~ A-c.n Clo'\. A:;~~
nt Block Grant Su recipient
Affiant. on oath, swears the following statements are true:
I, ::JOe.- A-.. ~I f'\L'L- , am the Ex.e.. c.u h \J~ il ~db r (title)
of -.NU..UA..o to~~ Lt>W\l'\"\u., ~~ AckCV'\ ~c.ft"\~ ' a Texas nonprofit
corporation, which has applied for and been awarded Community Development Block
Grant rCDBG") Program funds administered by the City of Corpus Christi ("City"). Prior
to the start of the project for which CDBG funds have been awarded, as the representa-
tive of the above-named subrecipient organization ("Subrecipient"), I met with City staff
and received copies of the following Federal rules and regulations:
OMS Circular A-': 10 24 CFR 85.43 and 85.44
OMB Circular A-122 24 CFR 570.200, 500, and 600 et. seq.
OMS Circular A-1 33 49 CFR Part 24. 24.101-24.104
24 CFR Part 84
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
Subreclpient's obligations of performance under the rules and regulations. Further-
more, I acknowledge that there may be additional Federal rules and regulations,
beyond the rules and regulations listed above, to which the Subrecipient may be subject
to. and with which the Subreciplent must CO~PIY. In Jrd~n~e with Federal laws.
By ,~.~~_
~y,
SWORN TO AND SUBSCRIBED before me the d.~day of ~
(seal) I~;~\~~
Notary Public, State of Texas
,2006.
~
. -
---
-&
EXHIBIT 0
CITY OF CORPUS CBRISTI
DISCLOSURE OF INTEREST
citY ofeo.u. Christi Ord~ce 17112, as amended. requires all persons or firms ~g 10 do business with the City
to orovide tae fbllowiaa information. Every question must be answered. If the qn~ is DO( applicable, answer with
"!ItA". SeI nverse side for definitions.
COMPANYNAME: Nv~ (ou"'~ (olY\,.Yao"';d~ ~+tCl^ Ac,~~
P. O. BOX;
STREET: (0\ ~~ p~ ~~ br.ut..LQ'lY: CorpuS cJ,(Js.i\.. ~ ZIP: 7,FYcs
FIRM IS: 1. Corpontioo ~.V') 'J 2. Partnership () 3. SoJeOwner ()
4. Association () S. OCher ( )
DISCLOSURE QUESTIONS
If 1dditi0D4d IIp8CC is ~Iary. please use the reverse side of this l'!P or attach sepaa~ sheet.
1. State dIt_ ofach .~~ of1he City of Corpus Christi having an "ow_ship imc&-t" cnnmtm:iPg 3%
or more of the owacnbip in the above oamecf-mm."
Name
Job Title and City Department (if known)
t0IA
2. State tilt nwnes of each "official" of the City of Corpus Christi having an "ownership ~~*t" constituting 3% or
men oftheownenbip in the above named "finn." .
A
N-.ne I
k)A
Title
3. State the DIIIles of each "board member" of the City of Corpus Christi having an "ownership interesr constituting
3% or more of the ownership in the above named "'firm."
Name
Boa.rd, Commission, or Committee
NIA
4. State t.bI DIllIes of each employee or officer of a "consultant" for the City of Corpus Christi who worked OD any
matter ..1Ited to the subject of this contract and has an "ownership interest" c:onstirnrirIg 3% or more of the
ownersllip in the above named "rInD."
Consultant
,0' fT
CERTIFICATE
I ~ that all information provided is true and correct as of the date of this statement. that I have not knowingly
wid1held ct.cIosure of an~ information requested; and that supplemental statements '\trill be promptly submitted to the
City of ec.pus Christi, exas as~Chaages o~ur. 12 .
CertifyingPenon: GeOfjE:.- Soo....S Title: ~ ~Q ~
Signature of Certifying Person: I 16 ~, 4.----1 Date: ~ W ~b to
DD'IN1TIONS
L "Boml member." A IIleIDber of any bo8ni, cnmmiBioo, or committee appoiDBl by the City C ;JUDCil
of1be City of Corpus Christi, Texas.
b. ~ployee." Any peI'SOIl employed by the City of Corpus Christi, TaB eidl:r' on a full or parttime
bail. but not as an independent contractor.
c. TIIDl." Any entity operated for economic gain, whether professio~ mmldPBl or commercial, and
whMher esaablished to produce or deal wi1h a product or service, inch~ butDOt Iimitwl to, entities
opInted in the form of sole proprietorship, as self-employed ~ t-j.,~~.4l.;p. corporatioD, joint
SIDak company, joint venture, receivership or trust, aDd entities which for t-~of1aDtiOll are tIated
as aon-profit orpni7'Jlfions.
d. "Ofticial. .. The Mayor, members of the City Couocil, City Manager, Deputy City Mauager, Assistant
City Managers, Dcpanment and Division Heads, and Municipal Court .Judges of the City of Corpus
CIristi, Texas.
e. "Ownership In~" Lcpl or equitable interest, whether .~.lIy oc ~aa.ti~ely held, in a firm.
iDcIuding when such interest is held through an agent, trust, estate, or hnlding emity. "Constructively
beId" refers to holdings or comrol established through voting trusts. Pl~ or special terms of venture
or partnership agreements."
f. "CoasultaDt. .. Any person or firm, such as engineers and arc~ hired by the City of Corpus
Christi for the purpose of professional consultation and recommeunmnn