HomeMy WebLinkAboutC2014-318 - 6/17/2014 - Approved CDBG SUBRECIPIENT AGREEMENT 0 /0
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
NUECES COUNTY I BELIEVE IN ME FOUNDATION
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 the Nueces County I
Believe In Me Foundation ("Subrecipient"), a nonprofit corporation organized under
the laws of the State of Texas.
WHEREAS, the City has allocated Twenty-Five Thousand Dollars ($25,000) from the
FY2014-15 Community Development Block Grant ("CDBG") Program for the Nueces
County I Believe In Me Foundation, which will provide public services to educate
youth and families on the dangers of participating in gang and illicit drug activities
("Services");
WHEREAS, the City desires to reduce youth involvement in gang and illicit drug
activities;
WHEREAS, the Subrecipient desires to promote awareness to youth and families on
the dangers of gang and illicit drug activities within the City of Corpus Christi and
throughout the community in conformity with 24CFR 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 June 30, 2016.
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 FY2014-15,
such proposal being incorporated into this Agreement by reference as if fully set out in
this Agreement. The Subrecipient shall provide services by May 31, 2016 to wit: will
conduct presentations at local schools and youth recreational centers located within
eligible census tracts. Presentations will provide tools on how to achieve self-
______} -„1f_m„+ivation and build positive self-esteem, in efforts to discourage
2014-318 it drug activities. ("Services").
6/17/14
Ord. 030203 INDEXED
Nueces County I Believe in Me
2.2 Subrecipient Capital Contribution Funds Requirement. The Subrecipient must
have financial and staff capacity to support the Subrecipient's Nueces County I Believe
in Me Foundation Program Enhancement in order to successfully carry out the
services and activities to be paid with CDBG funds.
2.3 Budget and Program Schedule. The Subrecipient has provided an estimated
project budget and program schedule ("Project Budget and Program Schedule")
based upon the proposed services and activities listed in 2.1, and as are described
within this Agreement, which Project Budget and Program 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 sufficient and accurate records to
reflect the services provided and activities carried out to determine the costs of the
CDBG funds expended.
2.4 Contents of Program Schedule. The Subrecipient shall maintain sign-in lists
reflecting the names, and addresses of attendees. The sign-in lists shall also indicate
the presenter, title of the presentation, day, time, and location. Subrecipient shall also
provide the necessary records as requested by Administrator or the Administrator's
designee ("Administrator") of the City's Housing and Community Development
Department ("HCD"), to determine that 24CFR 570.201(f) and 570.208(a)(1)(i) are
being met.
2.5 Requests for Payment.
(A) All requests for payment made pursuant to this Agreement must be submitted to
the Administrator.
(B) Payments for expenses incurred and to be paid with CDBG funds will be made
based upon the Subrecipient submitting payment requests with appropriate
documentation, including itemized cost breakdowns.
(C) No payments will be made without Administrator or designee affirming the costs
incurred are eligible and in relation to the scope of work noted in 2.1.
(D) If there is a delay, the Administrator or the Administrator's designee may require
that the Subrecipient provide a written explanation to the delay of the services and
activities.
(E) All payments will be adjusted according to actual costs, supported by sufficient
documentation, and approval of Administrator, and in no event may any payment
exceed the amount of Twenty-Five Thousand Dollars ($25,000).
2.6 Periodic Performances Reports. The Subrecipient shall submit periodic perfor-
mance reports as determined by HCD staff 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.
I Believe In Me Foundation FY14 CDBG Agreement Page 2 of 15
SECTION 3. RECORDKEEPING, UNIFORM ADMINISTRATIVE REQUIREMENTS
AND OTHER PROGRAM REQUIREMENTS.
3.1 Program and Operations Records. The Subrecipient shall provide access to all
original records, reports, and audits including, without limitation, all agreements;
invoices; payment and payroll records; bank records; change orders; contracts
between the Subrecipient and its consultant(s) and or staff, and communications and
correspondence with regard to any services or activities pertaining to this Agreement;
affidavits executed pursuant to this Agreement; documentation of clientele being
benefited (i.e., individuals served, sign-in sheets, etc.) which pertains to the 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 all applicable HUD and CDBG Program
regulations including, CFR570.201(f), 570.208(a)(1), Section 105(a)(8), and
CFR570.31; 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
HCD may, 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 OMB Circulars A-110, 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.
3.5 Compliance Documentation. The Subrecipient shall keep and provide access to
records documenting compliance with applicable 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;
I Believe In Me Foundation FY14 CDBG Agreement Page 3 of 15
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
with respect to services and activities outlined in Section 2.1.
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
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
Subrecipient enters into with respect to public services outlined in Section 2.1.
3.7 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 services, if applicable, and shall provide
such records to representatives of HUD, the City Manager, or the Administrator upon
request.
3.8 Procurement. The Subrecipient shall comply with requirements if applicable, with
24 CFR 85.36(d)(1) and 84.44(e)(2) and 24 CFR 85.36 (b)(9), and 24 CFR 84.40-48
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 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.
4.2 Application of 24 CFR 85.44. This Agreement may be terminated for
convenience in accordance with 24 CFR 85.44, as amended.
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, 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
I Believe In Me Foundation FY14 CDBG Agreement Page 4 of 15
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
notice. 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.
4.5 Termination. Upon a termination of this Agreement, the Subrecipient agrees to
refund to the City all CDBG Program funds expended. 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 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 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 national objectives
set forth in 24 CFR Part 570.506 Subparts J and K; 24-CFR 570.201(f) and
208(a)(1)(i), during the term of this Agreement. Subrecipient shall submit
demographics within thirty (30) days after all FY2014 CDBG funds are expended or as
requested by Administrator.
5.2 Services and Activities Not Used to Meet National Objective. In the event that
the Subrecipient fails to meet the National Objective outlined in Section 5.1 regarding
services provided 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, 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 and moderate income
individuals within the City of Corpus Christi and throughout the community served by
I Believe In Me Foundation FY14 CDBG Agreement Page 5 of 15
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.
6.2 Accounting for Program Income. The Subrecipient shall comply with OMB
Circular A-110, 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
Agreement, insurance that complies with the standards in Exhibit B, a copy of which
is attached 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 services and activities noted
on 2.1. 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)
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 harmless of, 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 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
I Believe In Me Foundation FY14 CDBG Agreement Page 6 of 15
Subrecipient or any of its agents, servants, employees,
contractors, patrons, guests, licensees, or invitees acting
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 performance of this Agreement.
(B) These terms of indemnification are effective upon the date of
execution 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 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 services and activities
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 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.
CURRENT PROVISION WITH CHANGES NOTED:
(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,
I Believe In Me Foundation FY14 CDBG Agreement Page 7 of 15
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 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 acting
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 performance of this Agreement.
(B) These terms of indemnification are effective upon the date of
execution 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 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 services and activities
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 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.
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8.1 Precontracting Conference. The Subrecipient has attended a precontracting
conference with City representatives.
8.2 Project Technical Assistance Meeting. The Subrecipient and all of its identified
consultant(s) and or staff, must attend a technical assistance meeting with HCD staff
prior to any services and/or activities 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 services in 2.1. 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 consultant(s) or staff needed to conduct the services and carryout the
activities in accordance with OMB Circular A-110, as amended, and the program
schedule submitted to HCD 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 services and activities provided in relation to the CDBG project, are
supervised.
8.5 Change Order Procedure. A change order procedure (if applicable) must be
instituted to make changes in the budget schedule or to decrease or increase the
quantity of services and activities to be performed or materials or supplies to be
furnished for the services. 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 program administrative support to supervise the services to be provided in 2.1.
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 ac-
cording to approved accounting procedures and (if applicable) provide an independent
audit of the expenditures in accordance with OMB Circular A-133, as amended. Such
audit must be completed within ninety (90) days after the CDBG project completion.
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 Subrecipient owes the City money in resolution of the discrepancies, the
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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.
8.9 Completion Date of CDBG Project. The Subrecipient shall complete CDBG
project in accordance with Section 2.1 by May 31, 2016. 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 term of this Agreement, as may be
deemed necessary and justified. (An extension of the term is addressed in Section
10.)
SECTION 9. CITY'S REQUIREMENTS.
9.1 Committment of Funding for Public Services. The City shall provide the
Subrecipient up to Twenty-Five ($25,000) from the FY2014-15 CDBG Program for
services as described in Section 2 of this Agreement and within budget and program
schedule made as 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 funds to the Subrecipient at any time in the future.
SECTION 10. GENERAL PROVISIONS.
10.1 Term. This Agreement terminates June 30, 2016. 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 six (6) 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 meet a National 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 continue to provide public services thru May 31, 2016, and
provide programs to help low and moderate income individuals improve the quality of
their lives 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.
10.3 Licensing and Permits. The Subrecipient shall obtain and maintain any
licenses, permits, certificates and other documentation that are required of the
Subrecipient, for services and activities to be rendered under this Agreement, and 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 continue to provide assistance to clients
as necessary, under Subrecipient's Program guidelines.
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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 FY14 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 Nueces County I Believe In Me
Attn: CD Administrator Foundation
Housing & Community Development Dept. Attn: Chairperson
1201 Leopard St. 1701 Thames, Apt.#133
Corpus Christi, TX 78401-2825 Corpus Christi, TX 78412
(361) 826-3010 Office (361) 992-3821
(361) 826-1740 Fax
With a copy to:
City of Corpus Christi
Attn: Director
Housing and Community Development Dept.
P.O. Box 9277
Corpus Christi, TX 78469-9277
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(361) 826-3044 Office
(361) 826-3011 Fax
(D) Either party may change the address to which notice is sent by using a method
set out above. The Subrecipient shall notify the City of an address change within
10 working days after the address is changed.
10.8 Nonassignment. The Subrecipient may not assign, mortgage, pledge, or
transfer this Agreement or any interest in services and activities outlined in 2.1 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 attorneys 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 purpose.
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 Consultant Services Guaranteed. Upon the Subrecipient's receipt of a copy
of the consultant contract, the Subrecipient shall only look to the respective warranties
to remedy any defects in services, materials and or supplies, and the Subrecipient
covenants and agrees that the City has no responsibility for any defects of any kind or
I Believe In Me Foundation FY14 CDBG Agreement Page 12 of 15
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
services and activities, 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, its
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 services and activities. 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)
I Believe In Me Foundation FY14 CDBG Agreement Page 13 of 15
Executed in duplicate originals this , day of Aieivf„rt(alp - , 2014
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Ronald L. Olson I
City Secretary City Manager
Approved as to form: ///_I , 2014
cji.LIG• t
fsroorah W. Brown �p �l.
sistant City Atto�:*"
for the City Attorney ise
d,
SE.Ci fTARV
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This i� trument was .cknowledged before me on i62 -�� _)/ ,
12;14, b _ ' �L.! ✓_ 'n his/her capacity as the
gf the City of Corpus Christi, a Texas home-rule
municipal corporatioron behalf Othe corporation.
IP
JEANNIE HOLLAND Notary Public,State of Texas �7 My Commission Expires Notary Public, State of Texas
December 23, 2017
Fo,.S
I Believe In Me Foundation FY14 CDBG Agreement Page 14 of 15
SUBRECIPIENT: NUECES COUNTY I BELIEVE IN ME FOUNDATION
4 20/ ,
airperson Date
Pc2-0 .
rint44i
ed name
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES § ,
This ' strument was acknowledged before me on lav, ,. /If , 2014, by
41,0-7t*.:2 • , Chairperson of NUECES COUNTY
BELIEVE IN ME FOUNDATION, a Texas corporation,non-profit on behalf of the
P
corporation.
.•''' CALEB BRAMBILA
Notary Public.State of Texas
;.. My Commission Expires
(seal) '���a•� 09/25/2018
otary Pub i , _ - - . -xas
I Believe In Me Foundation FY14 CDBG Agreement Page 15 of 15
EXHIBIT A
PRELIMINARY BUDGET & PROGRAM SCHEDULE
Funding: CDBG FY 2014 CDBG Funds: $25,000
Project Name: Nueces County I Believe in Me Foundation Program Enhancements
Organization: Nueces County I Believe in Me Foundation
Prepared by: L. David Ramos and Abel Alonzo Date: 9/11/14
PRELIMINARY BUDGET
Project Financial Resources: (Funds available to complete your project)
AMOUNT
• Fund FY 2014 CDBG Program $25,000
• Capital Contribution from Agency $ -0-
TOTAL FUNDS AVAILABLE FOR PROJECT $25,000
List Estimated Expenses: (ex: supplies, educational materials, ads, insurance, training,
transportation/mileage, consultant fees, temporary staff salary, etc.)
AMOUNT
• Consultant Salaries $12,000
• Advertisements $
• Supplies $ 9,000
• Postage. $ 500
• Printing and Publications $ 3,000
• Travel and Training $ 500
• Other Expenses (Specify) $
TOTAL PROJECT COST $25,000
NOTE: "Total Funds Available for Project" shall be equal to "Total Project Cost"
PRELIMINARY PROGRAM SCHEDULE
Public Service Program To Be Completed in 18 Months
Provide projected dates for completion of important key phases to implement your program or project, (in
chronological order)from commencement date to 100% completion date. (ex: school and recreational center
presentations, parents awareness meetings, anti-drugs/anti-crime events, or other planned activities).
KEY PROGRAM PHASES PROJECTED DATES
Enter month, day and year
• Hire staff or consultant .. 12/01/2014
• Purchase supplies & materials (on-going/as needed) 01/15/2015
• Complete City's Park & Recreation summer presentations 08/20/2015
• Complete public school presentations (5/21/15 & 5/21/16) 05/21/2016
• Program at 100% Completion 05/31/2016
A FINALIZED Budget&Program Schedule MUST be submitted ten(10)days prior to award of any service contract,
or any expenses incurred. The FINALIZED Budget & Program Schedule will be substituted for "Exhibit A" in
your CDBG funding Agreement.
EXHIBIT B
INSURANCE REQUIREMENTS
Subrecipient's Liability Insurance
A. Subrecipient must not commence work under this agreement all insurance required herein has been obtained and
such insurance has been approved by the City. Subrecipient must not allow any subcontractor to commence work
until all similar insurance required of the subcontractor has been obtained.
B. Subrecipient must furnish to the City's Risk Manager and to the Department or Division responsible for this
agreement, copies of Certificates of Insurance with applicable policy endorsements, showing the following
minimum coverage by insurance company(s)acceptable to the City's Risk Manager. The City must be named as an
additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable
policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day written notice of cancellation, material Bodily Injury and Property Damage
change, non-renewal or termination is required on
all certificates
COMMERCIAL GENERAL LIABILITY including: $1,000,000 Per Occurrence
1. Commercial Form
2. Premises - Operations
3. Products/Completed Operations Hazard
4. Contractual Liability
5. Independent Contractors
6. Broad Form Property Damage
7. Personal Injury
PROPERTY INSURANCE (including) At a minimum, amount sufficient to cover the
All Perils Coverage replacement cost of facilities and/or building
City to be named as loss payee using standard loss
payee clause.
BUILDERS RISK INSURANCE (when applicable) Full value of any improvements constructed with
1. All Risks of Physical Loss; including collapse. CDBG Funds provided under this agreement, so
long as work remains to be completed on such
improvements
C. In the event of accidents of any kind, Subrecipient must furnish the Risk Manager with copies of all reports of such
accidents within 10 days of the accident.
•
II. ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
* The City of Corpus Christi must be named as an additional insured on the liability
coverage, and a blanket waiver of subrogation 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.
* The name of the project must be listed under "Description of Operations"
* At a minimum, a 30-day written notice of cancellation, non-renewal, material change or
termination is required.
Community Development Block Grant Program Subrecipient Agreements ins. req.
8/28/2013 ds Risk Management.
NOTE: TO BE AMENDED BY CITY'S RISK MANAGEMENT DEPT.
I Believe In Me Foundation CDBGFY14
EXHIBIT C
O
pus cA,
c� 's
j0 ;''
'" CDBG COMPLIANCE AFFIDAVIT
18'57.
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
Date: ///41//¢ `
Affiant: /di/C& Ceto 2 ,Lv" ' u4,/'7' A;aida
4;Le
Community Deveropment Block Grant Subrecipient
Affiant organization representative on oath swears the following statements are true:
I, 4I?I/ 44611. am thef.1 ✓ �a.�ryC._(title) of
kc,_f; J �
;e ,iE i 41A �Yc a Texas nonprofit corporation, which has applied
"for and been awarded Community Development Block Grant ("CDBG") 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 representative of the above-named subrecipient organization
("Subrecipient"), I met with City staff and received copies of the following federal rules and
regulations:
OMB Circular A-110 24 CFR 85.43 and 85.44
OMB Circular A-122 24 CFR 570.200, 500, and 600 et. seq.
OMB Circular A-133 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, I have been provided with a general explanation of this information, and I understand
the Subrecipient's obligations of performance under the rules and regulations. Furthermore,
acknowledge that there may be additional federal rules a • r-:ulations, beyo the rules and
regulations listed above, to which the Subreci l t :y b! s • Ok d with whi h the
Subrecipient must comply.
....N...,....<„,\.
By:
.sr.r.ue CALEB B State o A ��j�/� Q j
:\. Name: ,orf /`�'�
•
*1 * NotaryPublic,State of Texas
4.�� My Commission Expires Organization: /,1/. 1� ie</e he,M /d''t
' ,.; 09/25/2018 ,,//,,
SWORN TO AND SUBSCRIBED before me th- day of /ay. , 2014.
1 r _
• ary Public-,"1,1.: - -xas
I Believe In Me CDBG FY14
EXHIBIT D
„kis----,-:-----..,
G0 'PSS
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o Alfr-1'
I"" a
�,;.2 / CITY OF CORPUS CHRISTI - DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to
provide the following information. Every question must be answered. If the question is not applicable, answer with "NA."
See the definitions for the Disclosure of Interest in Section II -General Information. >��
COMPANY NAME: tat, 691,6,te
. / , l6. XPt/P ,!�-f,/4, ia.,(Ada ,
P. O. BOX:
STREET: /' r 011 . A4,ari , y CITY: _40 / _ , _�ZIP: 70/7
FIRM is: 1. Corporation ( V ) 2. Partnership( ) 3. Sole Owner( )
4. Association ( ) 5. Other ( )
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach a separate sheet.
1. State the names of each "employee"of the City of Corpus Christi having an "ownership interest"constituting 3%or
more of the ownership in the above named "firm."
Name V" A Job Title and City Department(if known)
2. State the names of each "official"of the City of Corpus Christi having an "ownership interest"constituting 3%or more
of the ownership in the above named "firm."
Name x Title
3. State the names of each "board member"of the City of Corpus Christi having an "ownership interest"constituting or
more of the ownership in the above named "firm."
Name /4 _ Board, Commission, or Committee
4. State the names of each employee or officer of a "consultant"for the City of Corpus Christi who worked on any matter
related to the subject of this contract and has an "ownership interest"constituting 3% or more of the ownership in the
above named "firm."
Name
l4 Name
CERTIFICATE
I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld
disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of
Corpus Christi, Texas as changes occur.
CertifymPer
Title: ag:07.*Qp-6.-
Definitions for the Disclosure of Interest Form
a. "Board member." A member of any board, commission, or committee appointed by the City
Council of the City of Corpus Christi, Texas.
b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-
time basis, but not as an independent contractor.
c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial,
and whether established to produce or deal with a product or service, including but not limited
to, entities operated in the form of sole proprietorship, as self-employed person, partnership,
corporation, joint stock company, joint venture, receivership or trust, and entities which for
purposes of taxation are treated as nonprofit organizations.
d. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the
City of Corpus Christi, Texas.
e. "Ownership interest." Legal or equitable interest, whether actually or constructively held, in a
firm, including when such Interest is held through an agent, trust, estate, or holding entity.
"Constructively held" refers to holdings or control established through voting trusts, proxies, or
special terms of venture or partnership agreements."
f. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation.
I Believe In Me Foundation CDBG FY14
EXHIBIT E
/0-U S cti p
4 i
/c ml
! a
\ 14352.
'
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned certifies,to the best of his or her knowledge and belief, that
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any
person for influencing or attempting to influence an officer or an employee of any agency, a member of
congress,an officer or employee of congress, or an employee of a member of congress in connection with
the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency,a member of congress,an
officer or employee of congress,or an employee of a member of congress in connection with this federal
contract, grant, loan,or cooperative agreement,the undersigned shall complete and submit with this a
Standard Form-11, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers(including subcontracts,subgrants, and contracts under grants, loans, and
cooperative agreements)and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by Section 352, Title 31, . S. Code.Any person who fails to file the required certification shall be
subject to a civil pen Ity of . -ss 'Ian$10,000 and not more than$100,000 for each such failure.
Signature Date
044 4/o)-/,( . .
Print Name of Authorized Individual
iVWg
Organization Name
I Believe In Me Foundation CDBG FY14