HomeMy WebLinkAboutC2015-356 - 7/14/2015 - Approved CDBG SUBRECIPIENT AGREEMENT ORIGINAL
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
AMISTAD COMMUNITY HEALTH CENTER
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 Amistad Community
Health Center, Inc. ("Subrecipient"), a nonprofit corporation organized under the laws
of the State of Texas.
WHEREAS, the City has allocated Two Hundred Thousand Dollars ($200,000) from the
FY2015-16 Community Development Block Grant ("CDBG") Program for construction of
improvements to public facilities to the Subrecipient's community health clinic at 1533 S.
Brownlee Boulevard, Corpus Christi, Nueces County, Texas, such facilities being owned
by the Subrecipient. ("Facilities");
WHEREAS, the City desires that safe and sanitary public facilities be provided for low
and moderate income individuals and individuals with disabilities;
WHEREAS, the Subrecipient desires to operate public facilities to provide such 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; and
WHEREAS, the City wishes to encourage the services provided by the Subrecipient,
there being a genuine need for these services and for appropriate facilities to provide
such 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 October 31, 2016, unless otherwise
specifically provided by the terms of this Agreement.
SECTION 2. SCOPE, BUDGET, SCHEDULE, AND PAYMENT REQUIREMENTS.
2.1 Scope of Work. The Subrecipient shall complete the work outlined in the funding
proposal that was submitted and approved by the City's City Council for FY2015-16,
such proposal being incorporated into this Agreement by reference as if fully set out in
2015-356
7/14/15 16 CDBG Agreement Page 1 of 20
Ord. 030544 INDEXED
Amistad Community Health
this Agreement. The Subrecipient, through its contractors and subcontractors, shall
make improvements to the Facilities by September 30, 2016 to wit: Replace the
elevator and renovate the second floor bathrooms to meet ADA requirements. The
renovations will allow the continuation of direct services targeting the population of
200% below federal poverty guidelines. The facilities (Community Center) is located on
real property owned by the Subrecipient located at 1533 S. Brownlee Blvd., Corpus
Christi, Nueces County, Texas 78404. The funding provided under this Agreement is
made with the express condition that no part of the Facilities previously improved with
federal funds may be further similarly improved. For the purposes of this Agreement,
the term "Facilities" collectively includes the aforementioned real properties and any
improvements existing thereon as of the date of the Subrecipient's execution of this
Agreement and includes, where appropriate and in context, the Improvements to be
constructed with the funding provided under this Agreement. All Improvements must be
constructed in accordance with the plans and specifications ("Plans") prepared by the
Subrecipient's registered architect or licensed professional engineer retained pursuant
to subsection 8.4. No construction may commence until the Plans are approved by the
Administrator or the Administrator's designee ("Administrator") of the City's Housing
and Community Development Department ("HCD") and by the City's Development
Services Department ("Development Services").
2.2 Subrecipient Capital Contribution Funds Requirement. The Subrecipient shall
provide One Hundred Thousand Dollars ($100,000) as capital contribution funds for the
construction of the Improvements to the Facilities. If the Subrecipient is required under
this Agreement to meet a capital contribution requirement and fails to meet any portion
of the requirement, the Subrecipient's allocation will not be disbursed, but is
automatically forfeited and reverts to the City for inclusion in future CDBG Programs.
2.3 Budget and Construction Schedule. The Subrecipient has provided an esti-
mated project budget and project construction schedule ("Project Budget and
Construction Schedule") based upon the proposed Improvements listed above and as
are described within this Agreement, which Project Budget and Construction Schedule
is at-tached to this Agreement as Exhibit A and is incorporated into this Agreement by
ref-erence. Ten (10) days prior to the award of any construction contract or
subcontractor construction contract pursuant to this Agreement, the Subrecipient shall
provide a finalized budget, which must include a schedule of the detailed costs of
construction, and a schedule of construction completion dates, which must include a
detailed completion schedule for the various aspects of construction for Improvements
to the Facilities, which document(s) will then be substituted for the then existing Exhibit
A and become Exhibit A of this Agreement for all purposes under this Agreement.
2.4 Contents of Finalized Budget and Construction Schedule(s). The finalized
budget must include line-item costs for each item referenced in subsection 2.1 of this
Agreement. The finalized budget must provide a detailed presentation of projected
resources and expenses. The finalized construction schedule for Improvements must
reflect the anticipated timeline for the completion of construction stages for each of the
Improvements set out in subsection 2.1 of this Agreement, including, but not limited to,
dates for the retention of a registered architect or licensed professional engineer,
completion of Plans, completion of conditions precedent to construction,
commencement of
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construction, completion of construction phases, and expected final completion date of
the Improvements.
2.5 Requests for Payment.
(A) All requests for payment made pursuant to this Agreement must be submitted to
the Administrator.
(B) Progress payments for the Improvements will be made based upon the finalized
budget and construction schedule and the submittal and approval of appropriate
documentation of the work completed, including, without limitation, fully itemized
American Institute of Architects ("AIA") forms.
(C) No progress payments will be made without certification by the registered architect
or licensed professional engineer that the phase to which the payment applies has
been substantially completed nor will any progress payment be made without an
inspection by staff of HCD and Development Services and approval by the
Administrator and Development Services staff affirming that the work has been
completed.
(D) The Administrator may require that the Subrecipient provide a down date waiver
and a subordination of mechanic's lien claims prior to any payment.
(E) All payments will be adjusted according to the actual construction cost and the
capital contribution funds requirement, if any, and in no event may any payment
exceed the stated amount of this Agreement. All requests for payments, excluding
acquisition of property, will be prorated to reflect the Subrecipient's share of costs
as per the approved finalized budget.
2.6 Approval of Finalized Budget and Construction Schedule(s). Construction of
Improvements to the Facilities may not commence prior to the Administrator's approval
of the finalized budget and construction schedule required under subsection 2.4 of this
Agreement. The City will not reimburse any construction costs incurred by the Subre-
cipient prior to the approval of the finalized budget and construction schedule(s), except
for professional services as may be allowed in the Administrator's discretion.
2.7 Periodic Performances Reports. The Subrecipient shall submit quarterly perfor-
mance reports to the HCD Department that recite progress for the period and advising
of any problems encountered. A quarterly performance report must be provided with
each request for payment and/or quarterly, whichever comes first.
SECTION 3. RECORDKEEPING, UNIFORM ADMINISTRATIVE REQUIREMENTS
AND OTHER PROGRAM REQUIREMENTS.
3.1 Construction and Operations Records. The Subrecipient shall maintain and
provide access to all original records, reports, and audits including, without limitation, all
agreements and appraisals for the Facilities; invoices; payment and payroll records;
bank records; plans and specifications for the Facilities; Plans written and drawn
pursuant to this Agree-ment; change orders; contracts between the Subrecipient and its
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contractor(s), between contractor(s) and their subcontractor(s), and between the
Subrecipient and its registered architect(s) or licensed professional engineer(s);
communications and correspondence with regard to any contracts and subcontracts
pertaining to this Agreement; affidavits executed pursuant to this Agreement;
documentation of clientele being benefited by the Facilities (i.e., number of persons
being served, etc.) and the activity being carried out in the Facilities which pertains to
the construction or operation of the Facilities; and all written obligations pursuant to this
Agreement, including, but not limited to, all information on capital contribution 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"),
Inspector General, the Comptroller of the United States, or any of their authorized
representatives, to conduct audits and monitoring.
3.2 Equal Participation Documentation. The Subrecipient shall maintain and provide
access to records documenting compliance with Section 109 of the Housing and
Commu-nity 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
sub-jected 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.
3.3 Information and Reports. The Subrecipient shall maintain and provide any
information, reports, data, and forms pertinent to this Agreement as the Administrator,
staff of HCD, HUD, Inspector General, the Comptroller of the United States, or any of
their authorized representatives, may, from time to time, request for the proper
administration of this Agreement. 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 2 CFR Part 200. The Subrecipient shall comply with the
requirements and standards of United States' Office of Management and Budget
("OMB") Circulars 2 CFR Part 200, as each may be amended, as follows:
a. All of Subpart A, Acronyms and Definitions;
b. All of Subpart B, General provisions, except for §§ 200.111, 200.112 and
200.113. However Subrecipient must comply with the Conflict of Interest
provisions in 24 CFR 570.611;
c. All of Subpart C, Pre-Federal Award Requirements and Contents of Federal
Awards, except for §§ 200.202 and 200.206;
d. All of Subpart D, Post Federal Award Requirements, except for §§ 200.303,
200.306, 200.307, 200.311, 200.313, 200.330-332, 200.327 and 200.339. In
lieu of § 200.307 Subrecipient shall follow Program Income requirements in 2
CFR 570.504. In lieu of §200.311 Subrecipient shall follow Real Property
provisions in 24 CFR 570.505. In lieu of § 200.313 Subrecipient will follow
Section 5.4 of this Agreement as it relates to Equipment. In lieu of § 200.333
Subrecipient will follow the Records Retention requirements in Section 3.6 of
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this Agreement. In lieu of the provisions of § 200.339 Subrecipient will comply
with the Termination provisions listed in Section 4 of this Agreement and 24
CFR 250.503(b)(7).
e. All of Subpart E, Cost Principles; and
f. All of Subpart F, Audit Requirements.
3.5 Compliance Documentation. The Subrecipient shall maintain and provide access
to records documenting compliance with the rules and regulations contained in Title 24,
Chapter 570, et. seq., of the Code of Federal Regulations ("CFR"), including, but not
limited to, Subpart K, Sections 570.603, Labor Standards; 570.607, Employment and
Contracting Opportunities; 570.608, Lead-Based Paint; 570.609, Use of Debarred,
Suspended, or Ineligible Contractors or Subrecipients; 570.610, Uniform Administrative
Requirements and Cost Principles; and 570.611, Conflict of Interest. If there is a con-
flict of interest with any employee, agent, consultant, officer, or member of the Board of
Directors of the Subrecipient, the person with the conflict and the nature of the conflict
must be identified, by name and title, and submitted to the Administrator prior to any
costs being incurred at, in, or on the Facilities with respect to construction of the
Improvements.
3.6 Records Retention. The Subrecipient shall retain all financial records, supporting
documents, statistical records and all other records pertinent to this Agreement for a
period of four (4) years. The retention period begins on the date of the submission of
the Grantee's annual performance and evaluation report to HUD in which the activities
assisted under this Agreement are reported on for the final time. Notwithstanding the
above, if there is litigation, claims, audits, negotiations or other actions that involve any
of the records cited that have started before the expiration of the four year period, then
such records must be retained until completion of the actions and resolution of all
issues, or the expiration of the four year period, whichever occurs later.
3.7 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.
3.8 Request for Bids/Proposals. The Subrecipient shall comply with requirements of
OMB Circular 2 CFR Part 200.318, as amended, and all State and local procurement
requirements with regard to solicitation of bids and proposals for construction of the
Improvements to the Facilities, if applicable, and shall provide such records to
representatives of HUD, the City Manager, or the Administrator upon request.
3.9 Real Property Acquisition. The Subrecipient shall comply with requirements of 49
CFR Part 24, Subpart B, as amended, and all State and local acquisition requirements
with regard to acquisition of property, if applicable, and shall provide such records to
representatives of HUD, the City Manager, the Administrator, Inspector General, the
Comptroller of the United States, or any of their authorized representatives upon
request.
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3.10 Accessibility. The Subrecipient shall comply with the Americans with Disabilities
Act of 1990, as amended, the Architectural Barriers Act of 1968, as amended, and with
the rules and regulations published in 28 CFR Part 36, as amended, and all State and
local requirements regarding disabled accessibility.
3.11 Religious Activities. The Subrecipient agrees that funds provided under this
Agreement will not be utilized for inherently religious activities prohibited by 24 CFR
570.200(j), as amended, such as worship religious instruction, or proselytization..
3.12 Political Activities. The Subrecipient agrees that CDBG funds shall not be used
to finance the use of facilities or equipment for political purposes or to engage in other
partisan political activities, such as candidate forums, voter transportation, or voter
registration. However, a facility originally assisted with CDBG funds may be used on an
incidental basis to hold political meetings, candidate forums, or voter registration
campaigns, provided that all parties and organizations have access to the facility on an
equal basis, and are assessed equal rent or use charges, if any.
3.13 Close-outs. The Subrecipient's obligation to the City shall not end until all close-
out requirements are completed. Activities during this close-out period shall include, but
are not limited to: making final payments, disposing of program assets (including the
return of all unused materials, equipment, unspent cash advances, program income
balances, and accounts receivable to the City), and determining the custodianship of
records. Notwithstanding the foregoing, the terms of this Agreement shall remain in
effect during any period that the Subrecipient has control over CDBG funds, including
program income.
SECTION 4. SUSPENSION AND TERMINATION.
4.1 Termination by the City. The City may terminate this Agreement in whole or in
part in accordance with 2 CFR 200.339(a)(1) and (2), as amended, if the Subrecipient
materially fails to comply with any term of the CDBG Program award or this Agreement
or for other cause.
4.2 Termination for Convenience. This Agreement may be terminated in whole or in
part for convenience in accordance with 2 CFR 200.339(a)(3) and (4), as amended.
This Agreement may be terminated by the City with the consent of the Subrecipient, in
which case the two parties must agree upon the termination conditions, including the
effective date and, in case of partial termination, the portion to be terminated. The
Subrecipient may terminate this Agreement by sending the City written notification
setting forth the reasons for such termination, the effective date, and, in the case of
partial termination, the portion to be terminated. However, if the City determines in the
case of partial termination that the reduced or modified portion of the award will not
accomplish the purposes for which the award was made, the City may terminate the
Agreement in its entirety.
4.3 Remedies for Non-compliance. Pursuant to the provisions cited in Section 4 of
this Agreement, to Federal rules and regulations applicable to the Subrecipient, HUD
guidelines, and 2 CFR 200.338 if any deficiencies are discerned by or through
monitoring of this Agreement, the City may impose additional conditions, as described
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in 2 CFR 200.207. If the City determines that noncompliance cannot be remedied by
imposing additional conditions then the Administrator may take one or more of the
following actions, as appropriate in the circumstances: temporarily withhold cash
payments pending correction of the deficiencies, disallow all or part of the cost of the
activity or action not in compliance, wholly or partly suspend or terminate the current
award, withhold further awards, or take any other remedies that may be legally
available.
4.4 Termination Notice. Either party may terminate this Agreement, during the term of
this Agreement, as of the last day of any month upon thirty (30) days prior written no-
tice. The party terminating this Agreement must comply with subsections 4.1 and 4.2 of
this Agreement and all other provisions of this Agreement providing responsibilities in
the event of termination. Additionally, the City must comply with the notification of
termination requirements in 2 CFR 200.340.
4.5 Effects of Suspension and Termination. Costs to the Subrecipient resulting
from obligations incurred by the Subrecipient during a suspension or after termination of
a Federal award or subaward are not allowable unless the City expressly authorizes
them in the notice of suspension or termination or subsequently. However, costs during
suspension or after termination are allowable if:
(a) The costs result from obligations which were properly incurred by the
Subrecipient before the effective date of suspension or termination, are not in
anticipation of it; and
(b) The costs would be allowable if the Federal award was not suspended or
expired normally at the end of the period of performance in which the termination
takes effect.
4.6 Termination. Upon a termination of this Agreement, the Subrecipient agrees to
refund to the City all CDBG Program funds expended on construction of the Facilities
and Improvements. If the Subrecipient cannot refund all such money within thirty (30)
days of the termination notice, the City may take whatever action is necessary to
reimburse the City as set out in 2 CFR 200.338 and 200.339, as each may be
amended. Notwithstanding this provision, the Reversion of CDBG Funds provision, set
out in Section 5 of this Agreement, also applies to the Subrecipient's CDBG Program
funds on hand, accounts receivable, and real property under the Subrecipient's control.
SECTION 5. REVERSION OF CDBG ASSETS.
5.1 Reversion of CDBG Funds. The Subrecipient shall transfer to the City any CDBG
funds on hand and any accounts receivable attributable to the use of funds under this
Agreement at the time of expiration, cancellation, or termination.
5.2 Facilities and Improvements Use to Meet National Objective and Same
Business Purpose. The Subrecipient's Facilities and all Improvements must be used
to meet one of the national objectives set forth in 24 CFR 570.208, as amended, during
the term of this Agreement and for five years following the date of final completion of the
construction of the Improvements or five years following the date of the last
disbursement of CDBG funds under this Agreement, whichever is longer. In addition,
the Subrecipient shall use the Facilities and all Improvements for the same business
Amistad Community Health Center FY15-16 CDBG Agreement Page 7 of 20
purpose as that which existed on the date of the Subrecipient's execution of this
Agreement for a period of five (5) years following the date of final completion of the
construction of the Improvements which begins with the date of the project closing in the
Integrated Disbursement Information System.
5.3 Facilities and Improvements Not Used to Meet National Objective and Same
Business Purpose. In the event that the Subrecipient's Facilities or any Improvements
are not used to meet one of the national objectives or the same business purpose for
the length of time specified in subsection 5.2 of this Agreement, then the Subrecipient
shall pay the City an amount equal to the current market value of the property less any
portion of the value attributable to the expenditures of non-CDBG funds for the
acquisition of, or improvement to, the property.
5.4 No Election of Remedies. Resort, by the City, to a remedy under subsection 5.3 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 operate public facilities to provide services to low and
moderate income individuals and individuals with disabilities within the City of Corpus
Christi and throughout the community served by the Subrecipient in conformity with 24
CFR 570.208, as amended. The provisions of this Agreement shall apply to the
activities/services for which program income is used. Transfers of grant funds by the
City to the Subrecipient shall be adjusted according to the principles described in 24
CFR 570.504(b)(2)(i) and (ii). Any program income on hand when this Agreement
expires, or received after the Agreement's expiration shall be paid to the City as
required by 24 CFR 503(b)(7).
6.2 Accounting for Program Income. The receipt and expenditure of program income
as defined in 24 CFR 570.500 shall be recorded as part of the financial transactions.
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.
The Subrecipient shall comply with OMB Circular 2 CFR 200.307, as amended, with
reference to program income, if applicable.
SECTION 7. INSURANCE AND INDEMNITY PROVISIONS.
7.1 Insurance. The Subrecipient shall have in force, throughout the term of this
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 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.
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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 to maintain such insurance will
be cause for the City to take control of the Facilities and all Improvements, cancel any
claim that the Subrecipient may have to the use of the Facilities and Improvements, and
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-
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 Facilities being improved or used pursuant to this Agreement,
or when any such injury or damage is the result, proximate or re-
mote, wholly or in part, of the violation by Indemnitees, the Subre-
cipient or any of its agents, servants, employees, contractors,
patrons, guests, licensees, or invitees of any law, ordinance, or
governmental order of any kind, or when any such injury or dam-
age may in any other way arise from or out of the Improvements
being constructed at the Facilities or out of the use or occupancy
of the Improvements to the Facilities or the Facilities 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
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Facilities, the bidding process, actual construction of the Improve-
ments to the Facility, administration of the construction contracts
by the City or its designee, failure of the Improvements to the
Facilities prior to the completion and acceptance of the Improve-
ments by the City and the Subrecipient jointly, failure of the
Improvements to the Facilities 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
Facilities or the Facilities itself.
(B) These terms of indemnification are effective upon the date of exe-
cution of this Agreement and whether such injury or damage may
result from the contributory negligence or concurrent negligence
of Indemnitees, but not if such damage or injury may result from
the sole negligence or willful misconduct of Indemnitees.
(C) The Subrecipient covenants and agrees that, in case the City 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 Facilities
contemplated under this Agreement, the Subrecipient shall, upon
receipt of reasonable notice and at its own expense, investigate all
claims and demands, attend to their settlement or other
disposition, defend the City in all actions based thereon with legal
counsel satisfactory to the City Attorney, and pay all charges of at
torneys and all other costs and expenses of any kind whatsoever
arising from any said claims, demands, actions, damages, losses,
costs, liabilities, expenses, or judgments.
(D) The provisions of this section survive the termination or expiration
of this Agreement.
SECTION 8. SUBRECIPIENT'S REQUIREMENTS.
8.1 Pre-contracting Meeting. The Subrecipient must attended a precontracting
conference with City representatives.
8.2 Pre-Bid and Pre-Construction Meetings. The Subrecipient and all of its identified
architects, and contractors and subcontractors must attend a pre-bid and a pre-
construction meeting with HCD staff prior to any construction 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.
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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) and amount of capital contribution or other proof as may be
required by the Administrator as proof of the capital contribution.
8.4 Prepare Plans and Specifications. The Subrecipient shall retain a registered
architect or licensed professional engineer in accordance with OMB Circular 2 CFR Part
200.308, as amended, to prepare the Plans and to inspect all Improvements to ensure
conformity with final plans and specifications submitted to the Administrator.
8.5 Professional Services. The Subrecipient shall retain professional services and all
necessary contractors for construction of the Improvements in accordance with OMB
Circular 2 CFR Part 200.459, as amended, and construct Improvements to the Facilities
in accordance with final plans and specifications 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.
8.6 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 Facilities. The Subrecipient shall submit all change orders to the Administrator for
approval prior to the change order becoming effective. Any money expended by the
Subrecipient pursuant to a change order and prior to submittal and approval of such
change order is not reimbursable, and the Subrecipient shall bear all such costs
associated with unapproved changes.
8.7 Staff and Administrative Support. The Subrecipient shall provide sufficient staff
and administrative support to supervise the construction of the Improvements to the
Facilities.
8.8 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.
8.9 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 2 CFR Part 200.501, as amended. Such
audit must be completed within ninety (90) days after the Improvements to the Facilities
were com-pleted. 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. External Audits must be
Amistad Community Health Center FY15-16 CDBG Agreement Page 11 of 20
submitted to the City no later than 30 days after received until five (5) years after the
projects has been closed.
8.10 Completion Date of Construction. The Subrecipient shall complete construction
of the Improvements to the Facilities in accordance with the approved Plans and
Specifications by September 30, 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, provided, however, that the extension of the
construction time schedule does not exceed the term of this Agreement. (An extension
of the term is addressed in Section 11.)
8.11 Civil Rights Compliance. The Subrecipient agrees to comply with all local
ordinances and State laws relating to civil rights and with Title VI of the Civil Rights Act
of 1964 as amended and implementing regulations in 24 CFR part 1, Title VII of the Civil
Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the
Housing and Community Development Act of 1974 as amended, Section 504 of the
Rehabilitation Act of 1973, the American with Disabilities Act of 1990, the Age
Discrimination Act of 1975, Executive Order 11063 as amended by Executive Order
12259 and implementing regulations in 24 CFR part 107, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107 and 12086.
8.12 Labor Standards. The Subrecipient agrees to comply with the requirements of
the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the
provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.)
and all other applicable Federal, state and local laws and regulations pertaining to labor
standards insofar as those acts apply to the performance of this Agreement. The
Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et
seq.) and it's implementing regulations of the U.S. Department of Labor at 29 CFR Part
5. The Subrecipient shall maintain documentation that demonstrates compliance with
hour and wage requirements of this part. Such documentation shall be made available
to the Grantee for review upon request.
8.13 "Section 3" Clause
a. Compliance
Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and
as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and
orders issued hereunder prior to the execution of this contract, shall be a condition of
the Federal financial assistance provided under this contract and binding upon the City,
the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure
to fulfill these requirements shall subject the City, the Subrecipient and any of the
Subrecipient's subrecipients and subcontractors, their successors and assigns, to those
sanctions specified by the Agreement through which Federal assistance is provided.
The Subrecipient certifies and agrees that no contractual or other disability exists that
would prevent compliance with these requirements.
Amistad Community Health Center FY15-16 CDBG Agreement Page 12 of 20
The Subrecipient further agrees to comply with these "Section 3" requirements and to
include the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a
program providing direct Federal financial assistance from HUD and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of 1968,
as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent
feasible opportunities for training and employment be given to low- and very low-
income residents of the project area, and that contracts for work in connection with
the project be awarded to business concerns that provide economic opportunities
for low- and very low-income persons residing in the metropolitan area in which the
project is located."
The Subrecipient further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including reduction and
abatement of lead-based paint hazards), housing construction, or other public
construction project are given to low- and very low-income persons residing within the
metropolitan area in which the CDBG-funded project is located; where feasible, priority
should be given to low- and very low-income persons within the service area of the
project or the neighborhood in which the project is located, and to low- and very low-
income participants in other HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project to
business concerns that provide economic opportunities for low- and very low-income
persons residing within the metropolitan area in which the CDBG-funded project is
located; where feasible, priority should be given to business concerns that provide
economic opportunities to low- and very low-income residents within the service area or
the neighborhood in which the project is located, and to low- and very low-income
participants in other HUD programs.
The Subrecipient certifies and agrees that no contractual or other legal incapacity exists
that would prevent compliance with these requirements.
b. Notifications
The Subrecipient agrees to send to each labor organization or representative of workers
with which it has a collective bargaining agreement or other contract or understanding, if
any, a notice advising said labor organization or worker's representative of its
commitments under this Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment or training.
c. Subcontracts
The Subrecipient will include this Section 3 clause in every subcontract and will take
appropriate action pursuant to the subcontract upon a finding that the subcontractor is in
violation of regulations issued by the grantor agency. The Subrecipient will not
subcontract with any entity where it has notice or knowledge that the latter has been
found in violation of regulations under 24 CFR Part 135 and will not let any subcontract
Amistad Community Health Center FY15-16 CDBG Agreement Page 13 of 20
unless the entity has first provided it with a preliminary statement of ability to comply
with the requirements of these regulations.
SECTION 9. CITY'S REQUIREMENTS.
9.1 Commitment of Funding for Improvements of Facilities. The City shall provide
the Subrecipient up to Two Hundred Thousand Dollars ($200,000) from the FY2015-16
CDBG Program for Improvements to the Facilities as described in Section 2 of this
Agreement and in accordance with the accepted bid, budget, and construction
schedules made a part of this Agreement, subject to the Subrecipient's compliance with
the provisions of this Agreement.
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. ENVIRONMENTAL CONDITIONS.
10.1 Application. Subrecipient agrees to comply with the following sections, if
applicable to the performance of this Agreement.
10.2 Air and Water. The Subrecipient agrees to comply with the following
requirements insofar as they apply to the performance of this Agreement:
a. Clean Air Act, (42 U.S.C. 7401 et. seq.) as amended; particularly section 176(c)
and (d) (42 U.S.C. 7506(c) and (d));
b. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as
amended, 1318 relating to inspection, monitoring, entry, reports, and
information, as well as other requirements specified in Section 114 and Section
308, and all regulations and guidelines issued thereunder;
c. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR parts 6,
51 , and 93, as amended.
10.3 Flood Disaster Protection. In accordance with the requirements of the Flood
Disaster Protection Act of 1973 (42 U.S.C. 4000), the Subrecipient shall assure that for
activities located in an area identified by the Federal Emergency Management Agency
(FEMA) as having special flood hazards, flood insurance under the National Flood
Insurance Program is obtained and maintained as a condition of financial assistance for
acquisition or construction purposes (including rehabilitation).
10.4 Lead-Based Paint. The Subrecipient agrees that any construction or rehabilitation
of residential structures with assistance provided under this Agreement shall be subject
to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24CFR Part 35 Subpart
A, B, J, K and R. Such regulations pertain to all CDBG-assisted housing and require
that all owners, prospective owners, and tenants of properties constructed prior to 1978
be properly notified that such properties may include lead-based paint. Such
notification shall point out the hazards of lead-based paint and explain the symptoms,
treatment and precautions that should be taken when dealing with lead-based paint
poisoning and the advisability and availability of blood lead level screening for children
under seven. The notice should also point out that if lead-based paint is found on the
Amistad Community Health Center FY15-16 CDBG Agreement Page 14 of 20
property, abatement measures may be undertaken. The regulations further require that,
depending on the amount of Federal funds applied to a property, paint testing, risk
assessment, treatment and/or abatement may be conducted.
10.5 Historic Preservation. The Subrecipient agrees to comply with the Historic
Preservation requirements set forth in the National Historic Preservation Act of 1966, as
amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory
Council on Historic Preservation Procedures for Protection of Historic Properties, insofar
as they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that
are included on a Federal, state or local historic property list.
Section 11. GENERAL PROVISIONS.
11.1 Term. This Agreement terminates October 31, 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
four (4) 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.
11.2 National Objectives. The Subrecipient shall operate the Facilities and the
Improvements to further the primary objective of the Housing & Community
Development Act as outlined in 24 CFR 570.200 and 570.208, as each may be
amended, and will improve the Facility by September 30, 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. The Subrecipient
certifies that the activities carried out under this Agreement will be eligible and comply
with national objectives and will establish and maintain records demonstrating eligibility
and compliance with national objectives.
11.3 Licensing. The Subrecipient shall obtain and maintain any certificates and licen-
ses that are required of the Subrecipient, the Facilities, and the programs offered at, on,
or in the Facilities by the United States, the State of Texas, the City, and any other
agencies having regulatory jurisdiction over the Facilities and the Subrecipient.
11.4 Maintenance. The Subrecipient shall furnish all maintenance to the Facilities and
Improvements as necessary to maintain the Facilities and Improvements in good repair.
11.5 Default. In the event the Subrecipient ceases to operate the Facilities 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, to take possession of the Facilities and all Improvements without recourse and
Amistad Community Health Center FY15-16 CDBG Agreement Page 15 of 20
to dispose of such Facilities and Improvements in any manner the City deems
necessary to reimburse the City.
11.6 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.
11.7 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 Amistad Community Health Center
Attn: Administrator Attn: Executive Dir. or Designee
Housing and Community Development 1533 S. Brownlee Blvd.
1201 Leopard Street Corpus Christi, Texas 78404
Corpus Christi, Texas 78401-2825 (361) 886-3090
(361) 826-3186 Office (361) 886-3066
(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
(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
Amistad Community Health Center FY15-16 CDBG Agreement Page 16 of 20
out above. The Subrecipient shall notify the City of an address change within 10
working days after the address is changed.
11.8 Non-assignment. The Subrecipient may not assign, mortgage, pledge, or transfer
this Agreement or any interest in the Facilities or Improvements without the prior written
consent of the City.
11.9 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.
11.10 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.
11.11 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.
11.12 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.
11.13 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.
11.14 Warranty from Contractor. Upon the Subrecipient's receipt of a copy of the
Architect/Engineer's certificate of substantial completion, the Subrecipient shall only
look to the architects, engineers, contractors, subcontractors, manufacturers, and their
respective warranties to remedy any defects in design, workmanship, or materials, and
the Subrecipient covenants and agrees that the City has no responsibility for any de-
fects of any kind or nature whatsoever, even if it is alleged such defect is due to the
City's negligence. The City must be a third party beneficiary to the Subrecipient's
contracts effecting the Improvements, and all warranties and duties under such con-
tracts must be in favor of the Subrecipient and the City.
Amistad Community Health Center FY15-16 CDBG Agreement Page 17 of 20
11.15 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
Facilities, the Improvements, CDBG funding, or to recipients of Federal funds does not
waive the Subrecipient's required compliance in accordance with Federal law.
11.16 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.
11.18 Acknowledgment of Funding Source. The Subrecipient shall give credit to the
City's CDBG Program as the project funding source in all presentations, written docu-
ments, publicity, and advertisements regarding the Improvements. The Subrecipient
agrees to acknowledge the sponsorship of the City of Corpus Christi at any event
promoting the project or any other project sponsor.
11.19 Certification Regarding Lobbying. 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)
Amistad Community Health Center FY15-16 CDBG Agreement Page 18 of 20
Executed in duplicate originals this I day of'r 0.161 1 °' 12015
ATTEST: CITY OF CORPUS CHRISTI
/ - f ,
Rebecca Huerta Ronald L. Olson
City Secretary City Manager
Approved as to form: 09 .`*-‘ , 2015
Cof .
Cid 0-3CSI-if
Yv: - Anuila IT C'AUNI'IL .•.•�_
As tant - y Attorney
for the City Attorney ..,..,._,,,_
"gay lip .
a
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrument was acknowledged before me on CCtdr Z(C , 2015,
by Sv$ovL r, T .20 4 in his/her capacity as the
4\sc l rt oe + C'4. 7 Ott. of the City of'Corpus Christi, a Texas home-
rule municipal corporationary, �n behalf of the corporation.,
(Seal)
No --;e
tary blic, State of Texas
:.,,,,,e,,,,
t t ,r: OLIVER KENT MEEK
_�: - Notary Public.State of Texas
A My Commission Expires
.44,,,, March 09, 2019
Amistad Community Health Center FY15-16 CDBG Agreement Page 19 of 20
SUBRECIPIENT: AMISTAD COMMUNITY HEALTH CENTER, INC.
i \
-1*(
Executi e Director or Designee Date
9
V-AA)i-
Printed
name
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrment was acknowledged before me on 0� -- a'")--- , 2015,
,.
by �ost � , Executive Director (or Designee) of
Amistad Community Health Center, Inc., a Texas non-profit corporation, on behalf of the
corporation.
(Seal) Flo\. \L
,�,,pYP - - Notary Public, State of Texas
:o/� , MONA KOSTER WELLS
*40 My CommFebruary2ission12019 Expires
,
Amistad Community Health Center FY15-16 CDBG Agreement Page 20 of 20
EXHIBIT A
PRELIMINARY BUDGET & CONSTRUCTION SCHEDULE
Funding: FY2015 CDBG
Organization: Amistad Community Health Center
Project Name: Second Floor ADA Renovation
CDBG Funds: $200,000
Capital Contr. $100,000
Project Cost: $300,000 Date: 09/16/2015
PRELIMINARY BUDGET
Project Financial Resources: (Funds available to complete your project)
AMOUNT
• Fund FY2015 CDBG Program $ 200,000
• Other Committed Funding
• Capital Contribution from Agency 100,000
• Other...(Specify)
• TOTAL FUNDS AVAILABLE FOR PROJECT $ 300,000
Estimated Expenses: List estimated expenses to complete your project such as:
AMOUNT
• Environmental $
• A/E Professional Fees 26,000
• Bid Advertising, Printing, Etc. 1,000
• Construction Cost 273,000
• Contingencies (10% Average)
• Other Expenses (Specify)
• TOTAL PROJECT COST $ 300,000
"TOTAL Funds available for the Project" shall be equal to "Total Project Cost"
PRELIMINARY CONSTRUCTION SCHEDULE
(Projected dates for completion of key project phases)
KEY PROJECT PHASES PROJECTED DATES
Enter month, day &year
• Platting; Soil Testing; Environmental; Other
• Procurement of Architect/Engineer (A/E) Services 10/15/15
• Complete Design Phase 11/13/15
• Bid Advertising/ Bid Opening 12/04/15
• Awarding Construction Contract 12/11/15
• Commencement of Construction 1/18/16
• Construction at 100% Completion 8/31/16
• Contingencies
A FINALIZED Budget&Construction Schedule MUST be submitted ten (10) days prior to award any
construction contract, and must include a detailed budget with project cost breakdown and a detailed
schedule of construction dates from start to completion. The FINALIZED Budget and Construction Schedule
will be substituted for the EXHIBIT"A"of your CDBG Subrecipient Agreement with the City. Of/15
EXHIBIT B
INSURANCE REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained
and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to
commence work until all similar insurance required of the subcontractor has been so obtained.
B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with
applicable policy endorsements showing the following minimum coverage by an insurance company(s)
acceptable to the Risk Manager or designee. The City must be named as an additional insured for the General
Liability policy, and a waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day Notice of Cancellation required on all Bodily injury and Property Damage
certificates or by policy endorsement(s) Per Occurrence/aggregate
Commercial General Liability including:
1. Broad Form $1,000,000 Per Occurrence
2. Premises—Operations $2,000,000 Aggregate
3. Products/Completed Operations Hazard
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
7. Underground Hazard(if applicable)
BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit
1. Owned
2. Hired&Non-owned
PROPERTY INSURANCE Contractor shall be liable for all damage to all Owned,
Rented or Leased equipment and personal property.
WORKERS' COMPENSATION Which Complies With The Texas Workers'
All States Endorsement is required if Contractor Compensation Act And Paragraph II Of This Exhibit.
Is not domiciled in Texas
EMPLOYER'S LIABILITY $500,000/ $500,000 / $500,000
C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with
copies of all reports of such accidents within ten(10) days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Contractor must obtain workers' compensation coverage through a licensed insurance company in
accordance with Texas law. The contract for coverage must be written on a policy and endorsements
approved by the Texas Department of Insurance. The coverage provided must be in amounts
sufficient to assure that all workers' compensation obligations incurred will be promptly met.
B. Contractor's financial integrity is of interest to the City; therefore, subject to Contractors right to
maintain reasonable deductibles in such amounts as are approved by the City,Contractor shall obtain
and maintain in full force and effect for the duration of this Contract, and any extension hereof, at
Contractor's sole expense,insurance coverage written on an occurrence basis,by companies authorized
and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-
VII.
C. The City shall be entitled, upon request and without expense, to receive copies of the policies,
declarations page and all endorsements thereto as they apply to the limits required by the City
Contractor shall be required to comply with any such requests and shall submit a copy of the
replacement certificate of insurance to City at the address provided below within 10 days of the
requested change. Contractor shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
(361) 826-4555- Fax #
D. Contractor agrees that with respect to the above required insurance,all insurance policies are to
contain or be endorsed to contain the following required provisions:
• Name the City and its officers, officials, employees, volunteers, and elected representatives as
additional insured by endorsement,as respects operations and activities of,or on behalf of,the named
insured performed under contract with the City, with the exception of the workers' compensation
policy
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus
Christi where the City is an additional insured shown on the policy;
• Workers'compensation and employers'liability policies will provide a waiver of subrogation in favor
of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any suspension,
cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days
advance written notice for nonpayment of premium.
E. Within five(5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor
shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall
have the option to suspend Contractor's performance should there be a lapse in coverage at any time
during this contract. Failure to provide and to maintain the required insurance shall constitute a
material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain
any insurance or policy endorsements to the extent and within the time herein required,the City shall
have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which
become due to Contractor hereunder until Contractor demonstrates compliance with the requirements
hereof
G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may
be held responsible for payments of damages to persons or property resulting from Contractor's or its
subcontractor's performance of the work covered under this agreement.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to
any insurance or self insurance carried by the City of Corpus Christi for liability arising out of
operations under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
2015 ins req.
Housing and Community Development
October 2015 ds Risk Mgmt.
EXHIBIT C
CDBG COMPLIANCE AFFIDAVIT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
Date:
Affiant: Jn(W5F& �,( ---(�.t,l` Cevi &
Community Development Block Gra t Subrecipient
Affiant organization representative on oath swears the following statements are true:
I, Spe Flores am+ the CSC.C (title) of
Comnrlt!n HAIkh CHCU XI 14&l 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 2 CFR Part 200 24 CFR 85.43 and 85.44
24 CFR 570.200, 500, and 600 et. seq. CFR Part 84
49 CFR Part 24, 24.101-24.104 24
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
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 wr h the Subrecipient may be subject
and with which the Subrecipient must comply.
By:
Name: MI
Organization: MIN`. . . . . in , C.9,
SWORN TO AND SUBSCRIBED before me the daINday of 0Ck0\0 ' , 2014.
\'ti L
-- . Notary Public, State of Texas
.4;6, MONA KOSTER WELLS
V.:4 My Commission Expires
lo, February 21,2019
alSUPPLIER NUMBER
TO BE ASSIGNED BY CITY
PURCHASING DIVISION
City of EXHIBIT D- CITY OF CORPUS CHRISTI
Corpus DISCLOSURE OF INTEREST
Christi
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 reverse side for Filing Requirements, Certifications and definitions.
COMPANY NAME: Ami'tad CrYVlLtflrk/ .14/ ` le r
P. O. BOX: 11 STREET A DRESS: 163 5 .?rOwn(et 'VA
CITY: OsP t) 5çi STATE: ¶tr ,Q S ZIP: -1$y.1) 1 -
_
FIRM IS: 1. Corporation 2. Partnership . Sole Owner El4. Association B 5. Other _ 5OI L
DISCLOSURE QUESTIONS
If additional space is necessary,please use the reverse side of this page or attach 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 �(1 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
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3%or more of the ownership in the above named"firm."
NameBoard, 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 M‘IVConsultant
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an economic benefit
on any City official or employee that is distinguishable from the effect that the action will have on members of the
public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official,
employee or body that has been requested to act in the matter,unless the interest of the City official or employee in
the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics
Ordinance Section 2-349 (d)]
CERTIFICATION
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 C 'sti, Texas as changes occur.
Certifying Person: _.. V Title:
(Type or Print)
Signature of Certifying Person: Date: I '11-I,
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by the City Council of the
City of Corpus Christi,Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that
interest that is distinguishable from its effect on members of the public in general or a substantial segment
thereof.
c. "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.
d. "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 non-profit organizations.
e. "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.
f. "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."
g. "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.
Exhibit E
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, U. S. Code.Any person who fails to file the required
certification shall be subject to civil penalty of not less than$10,000 and not more than$100,000 for each
such failure. /
Signature Date
kt. VA,31 ,S
Print Name of Authorized Individual
LkN\NJ \i\ce- \`q\
.
Organization Name