HomeMy WebLinkAboutC2014-319 - 6/17/2014 - Approved CDBG SUBRECIPIENT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
NUECES COUNTY COMMUNITY ACTION AGENCY
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 Nueces County
Community Action Agency ("Subrecipient"), a nonprofit corporation organized under
the laws of the State of Texas.
WHEREAS, the City has allocated One hundred Thousand Dollars ($100,000)from
the FY2014-15 Community Development Block Grant ("CDBG") Program to
weatherize homes occupied by low and very low income families;
WHEREAS, the City desires that low and moderate income households have safe,
energy efficient, and ADA accessible homes;
WHEREAS, the Subrecipient desires to provide weatherization services to low and
very low income households and income-qualified 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; 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 April 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, through its contractors and subcontractors, shall
make improvements by March 31, 2016 to wit: Improvements will include, but not
+n Ann ramnc/bathroom modifications, minor weatherization improvements,
2014-319 1 faulty water heaters, install smoke and carbon monoxide
6/17/14
Ord. 030203 MOEXED
Nueces County Community Action
detectors, and other eligible improvements and costs, to at least 25 homes occupied
by low and very low income households and income qualified individuals with
disabilities residing in Corpus Christi ("Improvements"). The Improvements will be
targeted for owner-occupied housing with elderly, disabled, and/or single/dual parents
with children age 5 or younger and who meet the income criteria for low or very low
income households. All Improvements must be constructed in accordance with
standards outlined in applicable local, State and/or federal guidelines and building
codes.
2.2 Subrecipient Capital Contribution Funds Requirement. The Subrecipient must
have financial and staff capacity to support the Subrecipient's Weatherization Program
in order to successfully carry out the improvements to be paid with CDBG funds.
2.3 Budget and Construction Schedule. The Subrecipient has provided an esti-
mated project budget and project construction schedule ("Project Budget and Con-
truction Schedule") based upon the proposed Improvements listed above and as are
described within this Agreement, which Project Budget and Construction Schedule is
attached to this Agreement as Exhibit A and is incorporated into this Agreement by
reference. Subrecipient in support of Exhibit A, shall maintain records of home
assessments conducted to determine the construction cost breakdowns for each home
assisted with CDBG funds.
2.4 Contents of HOME Assessments. The Subrecipient shall provide assessments
for each home assisted with CDBG funds and each assessment shall reflect all
improvements made to each home and a cost breakdown shall support the amount of
CDBG funds expended for each home.
2.5 Requests for Payment.
(A) All requests for payment made pursuant to this Agreement must be submitted to
the Administrator.
(B) Payments for the Improvements will be made based upon the Subrecipient
submitting payment reimbursement with appropriate documentation of the work
completed, including an itemized cost breakdown reflecting costs incurred for
each home assisted with CDBG funds.
(C) No payments will be made without an inspection by Housing and Community
Development (HCD) staff affirming that the work has been completed.
(D) If there is a delay, the Administrator or the Administrator's designee
("Administrator") of the City's Housing and Community Development Department
("HCD"), Administrator may require that the Subrecipient provide a written
explanation to delay of construction activities.
(E) All payments will be adjusted according to the actual construction cost, supported
by assessments conducted, and in no event may any payment exceed the
amount of four thousand dollars ($4,000) per home.
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2.6 Periodic Performances Reports. The Subrecipient shall submit periodic perfor-
mance reports to the Administrator that recite progress for the period and advising of
any problems encountered. A performance report must be provided with each request
for payment and/or monthly, whichever comes first.
SECTION 3. RECORDKEEPING, UNIFORM ADMINISTRATIVE REQUIREMENTS
AND OTHER PROGRAM REQUIREMENTS.
3.1 Construction and Operations Records. The Subrecipient shall provide access
to all original records, reports, and audits including, without limitation, all agreements,
client intake documentation and assessments for the homes assisted with CDBG
funds; invoices; payment and payroll records; bank records; plans and specifications
for the homes; Plans written and drawn pursuant to this Agreement; change orders;
contracts between the Subrecipient and its contractor(s), between contractor(s) and
their subcontractor(s), and if applicable, between the Subrecipient and its registered
architect(s) or licensed professional engineer(s); communications and correspondence
with regard to any contracts and subcontracts pertaining to this Agreement; affidavits
executed pursuant to this Agreement; documentation of clientele being benefited by
the improvements paid with CDBG funds (i.e., households served, etc.) which pertains
to the homes rehab with CDBG funds; and all written obligations pursuant to this
Agreement, including, but not limited to, all information on leveraging of funds required
under this Agreement, if any, during regular business hours for any purposes of the
City, the United States' Department of Housing and Urban Development ("HUD"), or
both, to conduct audits and monitoring.
3.2 Equal Participation Documentation. The Subrecipient shall keep and provide
access to records documenting compliance with Section 109 of the Housing and
Community Development Act of 1974 [42 United States Code ("U.S.C.") §5309], as
amended, which requires that no person shall, on the ground of race, color, national
origin, religion, or sex, be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity funded in whole or in part
with community development funds made available pursuant to the Act. Any
prohibition against discrimination on the basis of age under the Age Discrimination Act
of 1975, as amended, or with respect to an otherwise qualified disabled individual, as
provided in 29 U.S.C. §794, as amended, also applies to this Agreement.
Subrecipient shall ensure compliance with 24CFR570.208(a)(3), Section 105(a)(4),
CFR570.202, CFR570.506(b)(4)(iii), and CFR570.3; Title VI of the Civil Rights Act of
1964 and as amended in 1988; Fair Housing Act (42 U.S.C. 3601-3619); Title VII of
the Civil Rights Act of 1968 (Fair Housing Act); Section 504 of the Rehabilitation Act of
1973.
3.3 Information and Reports. The Subrecipient shall provide any information,
reports, data, and forms pertinent to this Agreement as the Administrator or staff of
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.
NCCAA Weatherization FY14 CDBG Agreement Page 3 of 15
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 the rules and regulations contained in Title 24,
Chapter 570, et. seq., of the Code of Federal Regulations ("CFR"), including, but not
limited to, 570.208(a)(3) and 570.506(b)(4)(iii), Subpart K, Sections 570.603, Labor
Standards; 570.607, Employment and Contracting Opportunities; 570.608, Lead-
Based Paint; 570.609, Use of Debarred, Suspended, or Ineligible Contractors or
Subrecipients; 570.610, Uniform Administrative Requirements and Cost Principles;
and 570.611, Conflict of Interest. If there is a conflict of interest with any employee,
agent, consultant, officer, or member of the Board of Directors of the Subrecipient, the
person with the conflict and the nature of the conflict must be identified, by name and
title, and submitted to the Administrator prior to any costs being incurred at, in, or on
the homes with respect to construction of the Improvements.
3.6 Equal Employment Opportunity. The Subrecipient shall comply with all appli-
cable Federal Equal Employment Opportunity regulations, including, but not limited to,
Executive Order 11246, as amended, and Section 3 of the Housing and Urban
Develop-ment Act of 1968 as set forth in 24 CFR 570.607, as amended, and shall
require compli-ance with the aforementioned laws and regulations in all contracts the
Subrecipient enters into with respect to construction of the Improvements.
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 bids and proposals for construction of the
Improvements to the Facilities, if applicable, and shall provide such records to
representatives of HUD, the City Manager, or the Administrator upon request.
3.8 Real Property Acquisition. The Subrecipient shall comply with requirements of
49 CFR Part 24, Subpart B, as amended, and all State and local acquisition 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.
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
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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
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 for improvements to the homes.
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 must shall ensure households
assisted meet applicable HUD income guidelines and national objectives set forth in
24-CFR 570.208(a)(3) and CFR570.506(b)(4)(iii); as amended, 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 HCD.
5.2 Home Improvements Not Used to Meet National Objective. In the event that
the Subrecipient fails to meet the National Objective outlined in Section 5.1 on
Improvements made to the homes are not used to meet one of the national objectives
as specified in subsection 5.1 of this Agreement, then the Subrecipient shall reimburse
the City for the CDBG funds received by the Subrecipient as follows:
(A) Failure to meet national objective: The Subrecipient must reimburse the total
award of CDBG funds received under this Agreement.
(B) Failure to use all CDBG funds: In the event that not all CDBG funds are used for
the rehab construction of at least 25 homes, the remainder of CDBG funds will be
reimbursed to the City.
NCCAA Weatherization FY14 CDBG Agreement Page 5 of 15
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 housing 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 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
Agree-ment, insurance that complies with the standards in Exhibit B, a copy of which
is at-tached to this Agreement and is incorporated in this Agreement by reference. A
certificate to that effect must be provided to the City's Risk Manager ("Risk Manager")
and the Administrator at least ten (10) days prior to any construction. Failure to
maintain any of the types and limits of the insurance required by Exhibit B is cause for
the City to terminate this Agreement and cancel any and all reimbursements of CDBG
funds to the Subrecipient.
7.2 Notice to City. The Subrecipient shall require its insurance companies, written
policies, and certificates of insurance to provide that the City must be given thirty (30)
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, ac-
NCCAA Weatherization FY14 CDBG Agreement Page 6 of 15
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 public facilities/homes being improved or used pursuant to
this Agreement, or when any such injury or damage is the result,
proximate or remote, wholly or in part, of the violation by
Indemnitees, the Subrecipient or any of its agents, servants,
employees, contractors, patrons, guests, licensees, or invitees of
any law, ordinance, or governmental order of any kind, or when
any such injury or damage may in any other way arise from or out
of the Improvements being constructed at the pubic
facilities/homes or out of the use or occupancy of the
Improvements to the public facilities/homes or the public
facilities/homes itself by the Indemnitees, 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 to the public facilities/homes, the bidding
process, actual construction of the Improvements to the public
facilities/homes, administration of the construction contracts by
the City or its designee, failure of the Improvements to the public
facilities/homes prior to the completion and acceptance of the
Improvements by the City and the Subrecipient jointly, failure of
the Improvements to the public facilities/homes to work as
designed, failure of any contractor, subcontractor, or
manufacturer to honor its warranties, or failure of the
Subrecipient to maintain the Improvements to the public
facilities/homes or the public facilities/homes itself.
(B) These terms of indemnification are effective upon the date of exe-
cution of this Agreement and whether such injury or damage may
result from the contributory negligence or concurrent negligence
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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 Improvements to the public
facilities/homes 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.
8.1 Precontracting Conference. The Subrecipient has attended a precontracting
conference with City representatives.
8.2 Pre-Bid and Pre-Construction Meetings. The Subrecipient and all of its
identified architects (if applicable), and contractors and subcontractors must attend a
pre-bid and a pre-construction meeting with HCD staff prior to any improvements to be
paid with CDBG funds. Failure to do so may result in the Subrecipient being ineligible
to receive the CDBG funds awarded and allocated to the Subrecipient under this
Agreement.
8.3 Pledged Contribution. The Subrecipient shall provide any additional funds
needed for the completion of the Improvements. The Subrecipient shall provide
documentation indicating funding source(s) or other proof as may be required by the
Administrator.
8.4 Professional Services. The Subrecipient shall retain professional services and
all necessary contractors for construction of the Improvements in accordance with
OMB Circular A-110, as amended, and Improvements to the homes in accordance
with home assessments and the 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 construction of the Improvements, are
retained and that the construction of the Improvements is supervised.
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8.5 Change Order Procedure. A change order procedure must be instituted to make
changes in the plans or specifications or to decrease or increase the quantity of work
to be performed or materials, equipment, or supplies to be furnished for the
Improvements to the homes. The Subrecipient shall maintain records of all change
orders and made available for review, as requested by the Administrator. Any money
expended by the Subrecipient by a change order and not approved by the
Administrator, the Subrecipient shall bear all such costs associated with unapproved
changes.
8.6 Staff and Administrative Support. The Subrecipient shall provide sufficient staff
and administrative support to supervise the construction of the Improvements to the
homes.
8.7 Use of Funds. The Subrecipient covenants that all CDBG funds expended under
this Agreement will be used solely for the activities described in this Agreement. The
Subrecipient shall reimburse the City for all funds expended for activities not related to
the purpose and activities described in this Agreement or that violate Federal or State
laws.
8.8 Accounting and Audit. The Subrecipient shall record financial transactions 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 within ninety (90) days after the 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 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 Construction. The Subrecipient shall complete construction
of the Improvements to at least twenty-five (25) homes in accordance with home
assessments and improvements under Section 2.1 by March 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 construction
time schedule for such time as may be deemed necessary and justified. (An extension
of the term is addressed in Section 10.)
SECTION 9. CITY'S REQUIREMENTS.
9.1 Committment of Funding for Improvements of Homes. The City shall provide
the Subrecipient up to One Hundred Thousand Dollars ($100,000) from the FY2014-
15 CDBG Program for Improvements to at least twenty-five (25) homes as described
in Section 2 of this Agreement and in accordance with home assessments, budget,
and construction schedules made a part of this Agreement, subject to the
Subrecipient's compliance with the provisions of this Agreement.
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9.2 Additional Funds. Nothing in this Agreement may be construed as requiring the
City to provide additional construction funds to the Subrecipient at any time in the
future.
SECTION 10. GENERAL PROVISIONS.
10.1 Term. This Agreement terminates April 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 monitor the improvements made to homes
assisted with CDBG funds for one (1) year after project is deemed closed by the City,
to further the primary objective of the Housing and Community Development Act as
outlined in 24 CFR 570.200 and 570.208, as each may be amended, and will make all
improvements to the homes by March 31, 2016, and provide programs to help low and
moderate income individuals and individuals with disabilities improve the quality of
their lives and reach their maximum potential for independence and at all times in
accordance with HUD's Community Development Block Grant regulations and
guidelines and all local, State, and Federal requirements and laws.
10.3 Licensing. The Subrecipient shall obtain and maintain any certificates and
licenses that are required of the Subrecipient, for the construction rehab of the homes,
as required by the United States, the State of Texas, the City, and any other agencies
having regulatory jurisdiction over the Subrecipient.
10.4 Maintenance. The Subrecipient shall furnish all maintenance and improvements
to the homes assisted with CDBG funds as necessary under Subrecipient's
Weatherization Program guidelines.
10.5 Default. In the event the Subrecipient ceases to meet all the requirements, in
accordance with the terms of this Agreement or commits any other default in the terms
of this Agreement, the City is herein specifically authorized to demand reimbursement
of the CDBG funds paid to the Subrecipient and, in the event the City is not promptly
repaid, the City may seek legal action in any manner the City deems necessary
towards Subrecipient for reimbursement of all or portion of the 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
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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 Community Action
Attn: CD Administrator Agency (NCCAA)
Housing & Community Development Dept. Attn: CEO
1201 Leopard St. 101 South Padre Island Dr.
Corpus Christi, TX 78401-2825 Corpus Christi, TX 78405
(361) 826-3010 Office (361) 883-7201
(361) 826-1740 Fax (361) 883-9173 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
(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 (ten) working days after the address is changed.
10.8 Nonassignment. The Subrecipient may not assign, mortgage, pledge, or
transfer this Agreement or any interest in the homes or Improvements without the prior
written consent of the City.
10.9 Nonexclusive Services. Nothing in this Agreement may be construed as
prohibiting the Subrecipient from entering into contracts with additional parties for the
performance of services similar or identical to those enumerated in this Agreement,
and nothing in this Agreement may be construed as prohibiting the Subrecipient from
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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 pur-pose.
10.13 Jurisdiction and Venue. The laws of the State of Texas govern and are appli-
cable to any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces
County, Texas, where this Agreement was entered into and must be performed.
10.14 Warranty from Contractor. Upon the Subrecipient's receipt of a copy of the
Architect/Engineer's certificate (if applicable) or prime contractor of substantial
completion, the Subrecipient shall only look to the architects, engineers, contractors,
subcontractors, manufacturers, and their respective warranties to remedy any defects
in design, workmanship, or materials, and the Subrecipient covenants and agrees that
the City has no responsibility for any defects of any kind or nature whatsoever, even if
it is alleged such defect is due to the City's negligence. The City must be a third party
beneficiary to the Subrecipient's contracts effecting the Improvements, and all
warranties and duties under such contracts must be in favor of the Subrecipient and
the City.
10.15 Copies of Rules and Regulations. Copies of some of the Federal rules and
regulations referenced in this Agreement have been provided to the Subrecipient at
the precontracting conference as evidenced by the Subrecipient's CDBG Compliance
Affidavit, which is attached to this Agreement as Exhibit C and incorporated in this
Agreement by reference. Any failure, by the City, to supply the Subrecipient with any
other Federal rules and regulations which may be applicable to the Subrecipient,
improvements to the homes, CDBG funding, or to recipients of Federal funds does not
waive the Subrecipient's required compliance in accordance with Federal law.
NCCAA Weatherization FY14 CDBG Agreement Page 12 of 15
•
10.16 Disclosure of Interests. In compliance with Section 2-349 of the City's Code
of Ordinances, the Subrecipient shall complete the City's Disclosure of Interests form,
which is attached to this Agreement as Exhibit D, the contents of which, as a
completed form, are incorporated in this document by reference as if fully set out in
this Agreement.
10.17 Acknowledgment of Funding Source. The Subrecipient shall give credit to
the City's CDBG Program as the project funding source in all presentations, written
documents, publicity, and advertisements regarding the Improvements. The
Subrecipient agrees to acknowledge the sponsorship of the City of Corpus Christi at
any event promoting the project or any other project sponsor.
10.18 Certification Regarding Lobbing. In compliance with federal law, the
Subrecipient shall execute Exhibit E, the contents of which, as a completed form, are
incorporated in this document by reference as if fully set out in this Agreement.
(EXECUTION PAGES FOLLOW)
NCCAA Weatherization FY14 CDBG Agreement Page 13 of 15
V
Executed in duplicate originals this V3 day of Mosit,ri..fa�f-- , 2014
ATTEST: CITY OF CORPUS CHRISTI
J2Q-L-Q-/--f'r-- 4:41-0-4-4-c, PitiA4v-'
Rebecca Huerta Ronald L. Olson
City Secretary City Manager
Approved as to form: 7t-A .2-1' 2014
yebo
-��d�, .N - loco
rah W. Bro sv CSC MM—._ 1tant City Attorney
for the City Attorney
SECT y 1)
4
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrument was acknowledged before me on ��-�1/ Alice/, ,
014, b _ , ,, \ ,L;�,,i_3 in his/her capacity as the
A2Azt, ' ,� Y4 ft LA f a AA,N ,• )of the City of Corpus Christi, a Texas home-
rule municipal corpor on, on beh./of the corporation.
•
I� JEANNIE HOLLAND _',/t ,�L��C -i��,[�/I�l�
1 ," otary Public,State of Texas
,'.. My Commission Expires Notary Public, State of Texas
`'.'Z;t'';'����`� December 23, 2017
NCCAA Weatherization FY14 CDBG Agreement Page 14 of 15
SUBRECIPIENT: Nueces County Community Action Agency
CE/&:-7
Date
jeat, Ac- IdlAsae-ri
Printed name
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
T instrunt was acknowledged before me on J(eM 5e{ , 2014,
by Jm A- , CEO of Nueces County Co munity
Action Agency, a Texas non-profit corpo . '. . . •ehalf o the corp. -. i. .
Ir
(seal)
ot.ry P bI' , St.to of Texa
- CNONITIEMIMES MARTINEZ
Notar rime,sale of Texas
111rCesolaion Expires
NCCAA Weatherization FY14 CDBG Agreement Page 15 of 15
EXHIBIT A
PRELIMINARY BUDGET & CONSTRUCTION SCHEDULE
Funding: FY2014 (CDBG) Funding CDBG Funds: $100,000
Project Name: Weatherization and Minor Home Repairs Capital Contrib: $ -0-
Organization: Nueces County Community Action Agency Total Project Cost: $100,000
Prepared by: Alma A. Barrera, Community Svcs. Dir. Date: October 7, 2014
PRELIMINARY BUDGET
Project Financial Resources: (Funds available to complete your project)
AMOUNT
• Fund FY 2014 CDBG Program $100,000
• Capital Contribution from Agency
• TOTAL FUNDS AVAILABLE FOR PROJECT $100,000
NOTE: CDBG funds are contingent on Agency ensuring operational capacity of
Agency's Weatherization Program.
Estimated Expenses: (List estimated expenses to complete your project, such as)
AMOUNT
• Environmental Review
• NE Professional Fees.
• Bid Advertising, Printing, Etc.
• Construction Cost...(Materials and Labor) $100,000
• Other (specify)
• TOTAL CDBG PROJECT COST ... $100,000
NOTE: "Total Funds Available for Project" shall be equal to "Total Project Cost"
PRELIMINARY CONSTRUCTION SCHEDULE
(Projected dates for completion of key project phases)
KEY PROJECT PHASES PROJECTED DATE*
Enter month, day and year
• Facility Acquisition N/A
• Platting; Soil Testing; Environmental,Other)
• Advertising/ Bid Opening N/A
• Construction Contract Awarded April 1, 2014
• Commencement of Construction December 1, 2014
• Construction at 100% Completion March 31, 2016
*Projection: Rehab approximately one-two homes monthly—at least a total of 25 homes.
A cost breakdown MUST be submitted with each payment request. Upon project completion a list of
homes (case names and addresses) assisted with CDBG funds MUST be submitted within 30 days after
project is completed or 30 days after all CDBG funds are expended; whichever comes first.
EXHIBIT B
INSURANCE REQUIREMENTS
I. 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.
NCCAA Weatherization-CDBG FY14
EXHIBIT C
o�Qus oya`
�h;
CDBG COMPLIANCE AFFIDAVIT
1852
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
Date: /(''' ri
Affiant:
Community Development Block Grant Subrecipient
Affiant organization representative on oath swears the following statements are true:
I, \j' 2'2— A • AA- (c 61-4- am the (title) of
, 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, 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 and with which the
Subrecipient must comply.
By: di-±
Name: ci&. , 4cUdp•---L---, t1 -
!rganization: GCS
- • ► • :E N befor• me e day of J/ '314, 0-4-614.
0IR18T1E MIMES MARTINEZ —
e&pik
Notary Mil,State of Texas i/�
4r4. � MU�Exoi� ,/ ' _
og/z1 '�
5 '. a Pub IC, e of Texa
NCCAA Weatherization-CDBG FY14
EXHIBIT D
�
i
O \'
�'
1852 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:
P. O. BOX:
STREET: �� �Pv�
CITY: � A3t.4 &L r/
tyziP: c/$
FIRM is: 1. Corporation ( ) 2. Partnership ( 3. Sole Owner
4. Association ( ) 5. Other ( `1 .%"—--
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."
Namet1/4,(1'4r— Job Title and City Department(if known)
2. State the names of each "official"of the City of Corpus Christi having an "ownership interest"constituting 3% or more
of the ownership in the above named "firm."
Name Title
1`-1 6.11
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 /0 /14.-- 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 /� 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.
Certifying Person: V to 4,. e`s" Title: C—'�
I
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.
NCCAA-Weatherization -CDBG FY14
, • -
EXHIBIT E
ia' cy
(0 gym'
x
'14.44$619A. CERTIFICATION REGARDING LOBBYING
7852
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any
person for influencing or attempting to influence an officer or an employee of any agency, a member of
congress, an officer or employee of congress, or an employee of a member of congress in connection with
the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of congress, an
officer or employee of congress,or an employee of a member of congress in connection with this federal
contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit with this a
Standard Form-11, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers(including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements)and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by Section 1352, Title 31, U. S. Code.Any person who fails to file the required certification shall be
subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
re Date
Print Name of Authorized Individual
Organization Name
NCCAA-Weatherization-CDBG FY14