HomeMy WebLinkAboutC2016-553 - 7/12/2016 - Approved CDBG SUBRECIPIENT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
BOYS AND GIRLS CLUB OF THE COASTAL BEND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This agreement ("Agreement") is made and entered into between the City of Corpus
Christi, a Texas home-rule municipal corporation ("City"), acting through its City
Manager or the City Manager's designee ("City Manager"), and the Boys and Girls Club
of the Coastal Bend ("Subrecipient"), a nonprofit corporation organized under the laws
of the State of Texas.
WHEREAS, the City has allocated Two Hundred Thousand Dollars ($200,000.00) from
the FY2016-17 Community Development Block Grant ("CDBG") Program for
construction of improvements to public facilities to the Subrecipient's community center
at 3902 Greenwood Drive, 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, 2017, 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 FY2016-17,
2016-553 Irporated into this Agreement by reference as if fully set out in
7/12/16 nd FY 16-17 CDBG Agreement Page 1 of 20
Ord. 030887
Boys and Girls Club I N D EXED
this Agreement. The Subrecipient, through its contractors and subcontractors, shall
make improvements to the Facilities by September 30, 2017 to wit: Renovate a current
exercise room into a Teen Center, install a new HVAC system, install a fire monitoring
system, install bleachers in the gym, and repave the front parking lot. The Facilities
(Community Center) is located on real property owned by the Subrecipient located at
3902 Greenwood Drive, Corpus Christi, Nueces County, Texas 78416. 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. 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 attached to this Agreement as Exhibit A and is incorporated into this Agreement by
reference. 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 construction, completion of construction phases, and expected final
completion date of the Improvements.
Boys and Girls Club of the Coastal Bend FY 16-17 CDBG Agreement Page 2 of 20
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 Agreement; change orders; contracts between the Subrecipient and its
contractor(s), between contractor(s) and their subcontractor(s), and between the
Subrecipient and its registered architect(s) or licensed professional engineer(s);
Boys and Girls Club of the Coastal Bend FY 16-17 CDBG Agreement Page 3 of 20
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
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.
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
this Agreement. In lieu of the provisions of § 200.339 Subrecipient will comply
Boys and Girls Club of the Coastal Bend FY 16-17 CDBG Agreement Page 4 of 20
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.
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
Boys and Girls Club of the Coastal Bend FY 16-17 CDBG Agreement Page 5 of 20
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
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
Boys and Girls Club of the Coastal Bend FY 16-17 CDBG Agreement Page 6 of 20
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
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
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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,
actions, damages, losses, costs, liabilities, expenses, and
judgments recovered from or asserted against the City on account
of injury or damage to persons or property (including, without
limitation on the foregoing, workers' compensation, death, and
premises defects) to the extent any such damage or injury may be
incident to, arise out of, or be caused, either proximately or
remotely, wholly or in part, by an act or omission, negligence, or
misconduct on the part of the City, its officers, employees, or
agents ("Indemnitees"), acting pursuant to this Agreement and
with or without the express or implied invitation or permission of
the Subrecipient, or on the part of the 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 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 whenany such injury or damage 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 Facilities, the
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bidding process, actual construction of the Improvements 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 Improvements 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
execution of this Agreement and whether such injury or damage
may result from the contributory negligence or concurrent
negligence of Indemnitees, but not if such damage or injury may
result from the sole negligence or willful misconduct of
Indemnitees.
(C) The Subrecipient covenants and agrees that, in case the City is
made a party to any litigation against the Subrecipient or in any
litigation commenced by any party other than the Subrecipient
relating to this Agreement and the 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
Boys and Girls Club of the Coastal Bend FY 16-17 CDBG Agreement Page 11 of 20
Subrecipient is in default pursuant to this Agreement. External Audits must be
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, 2017. 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.
Boys and Girls Club of the Coastal Bend FY 16-17 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
Boys and Girls Club of the Coastal Bend FY 16-17 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 ($200,000.00) from the FY2016-
17 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
Boys and Girls Club of the Coastal Bend FY 16-17 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, 2017. 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, 2017, 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
Boys and Girls Club of the Coastal Bend FY 16-17 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 Boys and Girls Club of the Coastal Bend
Attn: Administrator Attn: Andrew Fitzpatrick
Housing and Community Development 3902 Greenwood Drive
1201 Leopard Street Corpus Christi, Texas 78416
Corpus Christi, Texas 78401-2825 (361) 853-2505 office
(361) 826-3186 Office (361) 853-1943 fax
(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
out above. The Subrecipient shall notify the City of an address change within 10
working days after the address is changed.
Boys and Girls Club of the Coastal Bend FY 16-17 CDBG Agreement Page 16 of 20
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.
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
Boys and Girls Club of the Coastal Bend FY 16-17 CDBG Agreement Page 17 of 20
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.
SUBRECIPIENT agrees to comply with Chapter 176 of the Texas Local Government
Code and file Form CIQ with the City Secretary's Office, if required. For more
information and to determine if you need to file a Form CIQ, please review the
information on the City Secretary's website at http://www.cctexas.com/government/city-
secretary/conflict-disclosure/index
11.17 Certificate of Interested Parties. (Exhibit F). SUBRECIPIENT agrees to
comply with Texas Government Code section 2252.908 and complete Form 1295
Certificate of Interested Parties as part of this agreement.
Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be
printed, signed, notarized and filed with the City. For more information, please review
the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html.
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)
Boys and Girls Club of the Coastal Bend FY 16-17 CDBG Agreement Page 18 of 20
1
ClyI
Executed in duplicate originals this day of r. , 201 '
ATTEST: CITY OF CORPUS CHRISTI
Pe_6-u-t41---/fiL,4,--(,6t, AwtocAr„e r,l�Rebecca Huerta Margie C.
City Secretary City Manager
6efij
Approved as to form: , 2016
1
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li.d. 11.,,L.-
Yve �e Aguil.r S Q 1'-
Ass .taut City Attorney sY CpUPlfll.........
for t e City Attorney 3FRETARY
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrument was acknowledged before me on December 3C 2016,
by Mar-sit C• R.o e- in his/her capacity as the
Ci M& c 1'.'
p of the City of Corpus Christi, a Texas home-
rule municl al corporation, on behalf of the corporation.
(Seal) \/. at3 -_
................................................ Notary Public, State of Taas
4 ,410,=-*." , ESTHER VELAZQUEZ
`- Notary ID #2905734
\, My Commission Expires
\�,1�,,,t, July 5, 2018 0
Boys and Girls Club of the Coastal Bend FY 16-17 CDBG Agreement Page 19 of 20
N
SUBRECIPIENT: BOYS AND GIRLS CLUB OF THE COASTAL BEND
12Exb utive Director Designee Date
( Cul.(
Printed name
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
:This instIIumert)was ac nowledged before me on I 0 ' 3--(p 2016,
by 1 CD 1-P, 9"S t r t,�1l , Executive Director(or Designee) of
Boys and Girls Club of the Coastal Bend, a Texas non-profit corporation, on behalf of
the corporation.
(Seal) ` 1
7\AD( CLU ,GLP
No ry Public, State of Texas
►\ NOMA PM
PrP
�►1, / w_STATE Or WAS
Getz=WM.
Boys and Girls Club of the Coastal Bend FY 16-17 CDBG Agreement Page 20 of 20
eP <s
y
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EXHIBIT A
PRELIMINARY BUDGET & CONSTRUCTION SCHEDULE
Funding: FY2016 CDBG
Organization: Boys&Girls Clubs of the Coastal Bend
Project Name: Program Efficiency Improvements
Capital Contribution: $ n
Other Funds: $ 0
Total Project Cost: $ 200.000
Prepared by: Rev. Date:
PRELIMINARY BUDGET
Project Financial Resources:
(Funds available to complete your project)
AMOUNT
• Fund FY 2016 CDBG Program $ 20Q,00_
• Other Committed Funding ,,,,,,..
• Capital Contribution from Agency _0
• Other...(Specify) 0
• TOTAL FUNDS AVAILABLE FOR PROJECT $ 200,000
Estimated Expenses to Complete Project:
List estimated expenses to complete your project such as:
AMOUNT
• Land Survey, Soil Testing, $1,000
• NE Professional Fees $ 12,000
• Bid Advertising, Printing, Etc $100
• Construction Cost &Contingencies $20.000___
• Other Expenses ADA/&Other Certifications $188,900
• TOTAL PROJECT COST $200,0
fIOTE:"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
• Platting: Soil Testing; Environmental; Other Jan 20th 2017
• Procurement of Architect/Engineer(NE)Services Jan 20th,2017
• Design Phase Ia", ,, 017
• Advertising/Bid Opening .Jg"t,.2017
• Awarding Construction Contract 01117
• Commencement of Construction tech ,2017
• Construction at 100%Completion ... _Max1221.2017
17
• Contingencies -Ma 017
A FINALIZED Budget and Construction Schedule shall be submitted ten(10)days prior to award any construction
which must include a budget with detailed cost of project and detailed schedule of construction from start
to completion date,to be substituted for'EXHIBIT K of your Subrecipient Agreement with the City.
Of/18
EXHIBIT B
INSURANCE REQUIREMENTS
I. SUBRECIPIENT'S LIABILITY INSURANCE
A. Subrecipient must not commence work under this contract until all insurance required 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 any subcontractor has been obtained.
B. Subrecipient must furnish to the City's Risk Manager and Contract Administrator one (1) copy of
Certificates of Insurance with applicable policy endorsements showing the following minimum coverage
by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an
additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of
subrogation endorsement is required on all applicable policies. Endorsements must be provided with
Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of
Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material change Per occurrence- aggregate
or termination required on all certificates
and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including: $2,000,000 Aggregate
1. Commercial Broad Form
2. Premises—Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Subrecipients
6. Personal Injury-Advertising Injury
AUTO LIABILITY(including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory and complies with Part II of this
(All States Endorsement if Company is not Exhibit.
domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
INSTALLATION FLOATER Value of the equipment
PROFESSIONAL LIABILITY $1,000,000 each claim
$2,000,000 each policy year aggregate
C. In the event of accidents of any kind related to this contract, Subrecipient must furnish the Risk Manager
with copies of all reports of any accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Subrecipient must obtain workers' compensation coverage through a
licensed insurance company. The coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers' compensation coverage provided must be in statutory
amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All
States Endorsement shall be required if Subrecipient is not domiciled in the State of Texas.
B. Subrecipient shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Subrecipient'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. Subrecipient shall be required to submit renewal certificates of insurance throughout the term of this
contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit
shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi,TX 78469-9277
D. Subrecipient agrees that,with respect to the above required insurance,all insurance policies are to
contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement
with regard to operations, completed 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,cancellation,non-renewal,
material change or termination 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 cancellation,non-renewal,material change or termination of coverage,
Subrecipient shall provide a replacement Certificate of Insurance and applicable endorsements to City.
City shall have the option to suspend Subrecipient'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 Subrecipient'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 Subrecipient to stop work hereunder, and/or withhold any payment(s) which become
due to Subrecipient hereunder until Subrecipient demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Subrecipient may
be held responsible for payments of damages to persons or property resulting from Subrecipient's or its
subcontractor's performance of the work covered under this contract.
H. It is agreed that Subrecipient'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 contract.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this contract.
2016 Insurance Requirements
CDBG—Girls and Boys Club
10/20/2016 my Risk Management
EXHIBIT C
CDBG COMPLIANCE AFFIDAVIT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
Date: 12-7-16
Affiant: Boys&Girls Clubs of the Coastal Bend
Community Development Block Grant Subrecipient
Affiant organization representative on oath swears the following statements are true:
I, Kim Barrientos am the Chief Executive Officer (title) of
Boys&Girls Clubs of the Coastal Bend , 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
i following federal rules and regulations:
24 CFR 570.200, 500, and 600 et. seq.
Title 49 CFR Part 24, 24.101-24.104 24
CFR Part 200
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: • 1 0 / 4QJ' 11-04
Name: Ki 1 Barrientos
Organization: Boys&(irk Clubs of the Coastal Bend
SWORN TO AND SUBSCRIBED before me the ,,j/_ •a • /iiL , 2016.
////i. , _ %: �✓ ..�/
otary Pu,� � e •• -x-as
�,ov.,,,; VERONICA R NELSON
a ��� °� ID# 367867-5 '
• y •, Notary Public
* s mi STATE OF TEXAS
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EXHIBIT D
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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: Boys 8 Girls Clubs of the Coastal Bend
MAILING ADDRESS: 3902 Greenwood Dr. CITY: Corpus Christi ZIP: 78416
FIRM is: 1. Corporation ( ) 2. Partnership( ) 3. Sole Owner(
4. Association ( ) 5. Other ( x )
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach a separate sheet.
1. State the names of each"employee"of the City of Corpus Christi having an"ownership interest"constituting 3%or more of the
ownership in the above named"firm"
Name Job Title and City Department(if known)
N/A
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
N/A
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."
Name Board, Commission,or Committee
N/A
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 Consultant
N/A
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: Kim Rarnantns Title: Chief Executive Officer
(Type or Pyr /� l
Signature of Certifying Person: j1 .Q4- Date: 1 (9 ' �t7• ICio
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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 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.
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Signa re Date
Kim Barrientos
Print Name of Authorized Individual
Boys&Girls Clubs of the Coastal Bend
Organization Name
EXHIBIT F
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2016-124300
Boys&Girls Clubs of the Coastal Bend
Corpus Christi,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/14/?016
being filed.
Boys&Girls Clubs of the Coastal Bend Date Ack oU ]
wledged: 4
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3 Provide the identification number used by the governmental entity or state agency to track or identify the ontr and provide a
description of the services,goods.or other property to be provided under the contract.
FY16/17
Afterschool and Summer Program for ages 6 to 18 years old.
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 AFFIDAVIT I swear,or affirm.under penalty of perjury,that the above disclosure is true and correct.
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"`° JACK L.ANTES h
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* , Notary Public
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My Comm.Exp,08/08/2017
Vmn Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP I SEAL ABOVE 7/741-41
I ^ fOSworn to and subscribed before me,by the said �� [_e C this the I '/} day of (�'e3441- '
20 \Li, ,to certify which,witness my hand and sial of office.
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Sig attire of officer administering oath Printed name of o Icer administering oathTNe of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23. 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176. Local Government Code,by a vendor who Date Receives
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed See Section 176.006(a-1). Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An
offense under this section is a misdemeanor.
J Name of vendor who has a business relationship with local governmental entity.
Boys&Girls Clubs of the Coastal Bend, Inc.
J
ri Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
J Name of local government officer about whom the information is being disclosed.
City of Corpus Christi
Name of Officer
,J Describe each employment or other business relationship with the local government officer,or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIO as necessary.
There exists no employment or other business relationships with the local government officer, or a family member of the
officer.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
Yes X No None
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes x No None
• Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director,or holds an
ownership interest of one percent or more.
No employment or business relationship exist.
- Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
- as described in Section 176.003(a)(2)(B). excluding gifts described in Section 176.003(a-1).
J
Signature o vendor doing business with the govern ental entity Date
Form provided by Texas Ethics Commission www ethics.stale.tx.us Revised 11/30/2015