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HomeMy WebLinkAboutC2018-634 - 7/24/2018 - Approved CDBG SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND NUECES COUNTY COMMUNITY ACTION AGENCY THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This agreement ("Agreement") is made and entered into between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its City Manager or the City Manager's designee ("City Manager"), and Nueces County Community Action Agency ("Subrecipient"), a nonprofit corporation organized under the laws of the State of Texas. WHEREAS, the City has allocated One Hundred Thousand Dollars ($100,000) from the FY2018-19 Community Development Block Grant ("CDBG") Program to weatherize homes occupied by low and very low-income families; WHEREAS, the City desires that low and moderate-income households have safe, energy efficient, and ADA accessible homes; WHEREAS, the Subrecipient desires to provide weatherization services to low and very low-income households and income-qualified individuals with disabilities within the City of Corpus Christi and throughout the community served by the Subrecipient in conformity with 24 CFR 570.208, as amended; and WHEREAS, the City wishes to encourage the services provided by the Subrecipient, there being a genuine need for these services in the City of Corpus Christi. NOW, THEREFORE, the City and the Subrecipient agree as follows: SECTION 1. TERM OF AGREEMENT 1.1 Term of Agreement. This Agreement commences on the date of execution by Subrecipient and the City and terminates on December 31, 2019, 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 FY2018-19, such proposal being incorporated into this Agreement by reference as if fully set out in C2018-634 7/24/18 Ord. 031483 Page 1 of 17 tion Agreement Nueces County Community Action SCANNED this Agreement. The Subrecipient, through its contractors and subcontractors, Subrecipient will process assessment for weatherization/minor home rehabilitations which will include but not limited to, ADA ramps/bathroom modifications, replacing windows, doors, replacing gas/electric water heaters, Energy Star appliances, natural gas cook stove, attic/wall and floor insulation and other minor home rehabilitations and other eligible improvements and costs. Subrecipient shall assess and provide weatherization measures in the amount of $4,000 for a total of 25 homes in Corpus Christi ("Improvements") by December 31, 2019. The improvements will be targeted for owner-occupied housing with elderly, disabled, or single/dual parents with children age 5 or younger and who meet the income criteria for low or very low-income households. All improvements must be constructed in accordance with 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"). No improvements shall exceed a total of Four-Thousand Dollars ($4,000.00) per unit. 2.2 Subrecipient Capital Contribution Funds Requirement. The Subrecipient must have financial and staff capacity to support the Subrecipient's Weatherization Program in order to successfully carry out the improvements to be paid with CDBG funds. 2.3 Budget and Construction Schedule. The Subrecipient has provided an esti- mated project budget and project construction schedule ("Project Budget and 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. Subrecipient in support of Exhibit A, shall maintain records of home assessments conducted to determine the construction cost breakdowns for each home assisted with CDBG funds. 2.4 Contents of HOME Assessments. The Subrecipient shall provide assessments for each home assisted with CDBG funds and each assessment shall reflect all improvements made to each home and a cost breakdown shall support the amount of CDBG funds expended for each home. 2.5 Requests for Payment. (A) All requests for payment made pursuant to this Agreement must be submitted to the Administrator. (B) Payments for the Improvements will be made based upon the Subrecipient submitting payment reimbursement with appropriate documentation of the work completed, including an itemized cost breakdown reflecting costs incurred for each home assisted with CDBG funds. Page 2 of 17 FY18 CDBG NCCAA Weatherization Agreement (C) No payments will be made without an inspection by Housing and Community Development (HCD) staff affirming that the work has been completed. (D) If there is a delay, the Administrator or the Administrator's designee ("Administrator") of the City's Housing and Community Development Department ("HCD"), Administrator may require that the Subrecipient provide a written explanation to delay of construction activities. (E) All payments will be adjusted according to the actual construction cost, supported by assessments conducted, and in no event may any payment exceed the amount of four thousand dollars ($4,000) per home. 2.6 Periodic Performances Reports. The Subrecipient shall submit periodic perfor- mance reports to the Administrator that recite progress for the period and advising of any problems encountered. A performance report must be provided with each request for payment and/or monthly, whichever comes first. SECTION 3. RECORDKEEPING, UNIFORM ADMINISTRATIVE REQUIREMENTS AND OTHER PROGRAM REQUIREMENTS. 3.1 Construction and Operations Records. The Subrecipient shall provide access to all original records, reports, and audits including, without limitation, all agreements, client intake documentation and assessments for the homes assisted with CDBG funds; invoices; payment and payroll records; bank records; plans and specifications for the homes; Plans written and drawn pursuant to this Agreement; change orders; contracts between the Subrecipient and its contractor(s), between contractor(s) and their subcontractor(s), and if applicable, between the Subrecipient and its registered architect(s) or licensed professional engineer(s); communications and correspondence with regard to any contracts and subcontracts pertaining to this Agreement; affidavits executed pursuant to this Agreement; documentation of clientele being benefited by the improvements paid with CDBG funds (i.e., households served, etc.) which pertains to the homes rehab with CDBG funds; and all written obligations pursuant to this Agreement, including, but not limited to, all information on leveraging of funds required under this Agreement, if any, during regular business hours for any purposes of the City, the United States' Department of Housing and Urban Development ("HUD"), or both, to conduct audits and monitoring. 3.2 Equal Participation Documentation. The Subrecipient shall keep and provide access to records documenting compliance with Section 109 of the Housing and Community Development Act of 1974 [42 United States Code ("U.S.C.") §5309], as amended, which requires that no person shall, on the ground of race, color, national origin, religion, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the Act. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended, or with respect to an otherwise qualified disabled individual, as provided in 29 U.S.C. §794, as amended, also applies to this Agreement. Subrecipient shall ensure Page 3 of 17 FY18 CDBG NCCAA Weatherization Agreement compliance with 24CFR570.208(a)(3), Section 105(a)(4), CFR570.202, CFR570.506(b)(4)(iii), and CFR570.3; Title VI of the Civil Rights Act of 1964 and as amended in 1988; Fair Housing Act (42 U.S.C. 3601-3619); Title VII of the Civil Rights Act of 1968 (Fair Housing Act); Section 504 of the Rehabilitation Act of 1973. 3.3 Information and Reports. The Subrecipient shall provide any information, reports, data, and forms pertinent to this Agreement as the Administrator or staff of HCD may, from time to time, request for the proper administration of this Agreement. The Subrecipient shall adhere and comply with the reporting requirements mandated for the Performance Measurement System, administered by the City, as a condition of receiving funds under this Agreement. 3.4 2 CFR Part 200. The Subrecipient shall comply with the requirements 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 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 keep and provide access to records documenting compliance with the rules and regulations contained in Title 24, Chapter 570, et. seq., of the Code of Federal Regulations ("CFR"), including, but not limited to, 570.208(a)(3) and 570.506(b)(4)(iii), Subpart K, Sections 570.603, Labor Standards; 570.607, Employment and Contracting Opportunities; 570.608, Lead-Based Paint; 570.609, Use of Debarred, Suspended, or Ineligible Contractors or Subrecipients; 570.610, Uniform Administrative Requirements and Cost Principles; and 570.611, Conflict of Interest. If there is a conflict of interest with any employee, agent, consultant, officer, or member of the Board of Directors of the Subrecipient, the person with the conflict and the nature of the conflict must be identified, by name and title, and submitted to the Administrator prior to any costs being incurred at, in, or on the homes with respect to construction of the Improvements. Page 4 of 17 FY18 CDBG NCCAA Weatherization Agreement 3.6 Equal Employment Opportunity. The Subrecipient shall comply with all appli- cable Federal Equal Employment Opportunity regulations, including, but not limited to, Executive Order 11246, as amended, and Section 3 of the Housing and Urban Develop- ment Act of 1968 as set forth in 24 CFR 570.607, as amended, and shall require compli- ance with the aforementioned laws and regulations in all contracts the Subrecipient enters into with respect to construction of the Improvements. 3.7 Request for Bids/Proposals. The Subrecipient shall comply with requirements of 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, if applicable, and shall provide such records to representatives of HUD, the City Manager, or the Administrator upon request. 3.8 Real Property Acquisition. The Subrecipient shall comply with requirements of 49 CFR Part 24, Subpart B, as amended, and all State and local acquisition requirements with regard to acquisition of property, if applicable, and shall provide such records to representatives of HUD, the City Manager, or the Administrator upon request. 3.9 Accessibility. The Subrecipient shall comply with Title II the Americans with Disabilities Act of 1990, as amended, and with the rules and regulations published in 28 CFR Part 36, as amended, and all State and local requirements regarding disabled accessibility. Section 104(b)(2); Housing for Older Persons Act (HOPA) of 1995 and all other applicable local, State and federal laws. 3.10 Religious Organizations. The Subrecipient shall comply with requirements re- garding religious organizations, as set forth in 24 CFR 570.200(j), as amended. SECTION 4. SUSPENSION AND TERMINATION. 4.1 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. Page 5 of 17 FY18 CDBG NCCAA Weatherization Agreement 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 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 the 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 FUNDS. 5.1 Meeting National Objective. The Subrecipient must shall ensure households assisted meet applicable HUD income guidelines and national objectives set forth in 24- CFR 570.208(a)(3) and CFR570.506(b)(4)(iii); as amended, during the term of this Page 6 of 17 FY18 CDBG NCCAA Weatherization Agreement Agreement. Subrecipient shall submit demographics within thirty (30) days after all FY2018 CDBG funds are expended or as requested by HCD. 5.2 Home Improvements Not Used to Meet National Objective. In the event that the Subrecipient fails to meet the National Objective outlined in Section 5.1 on Improvements made to the homes are not used to meet one of the national objectives as specified in subsection 5.1 of this Agreement, then the Subrecipient shall reimburse the City for the CDBG funds received by the Subrecipient as follows: (A) Failure to meet national objective: The Subrecipient must reimburse the total award of CDBG funds received under this Agreement. (B) Failure to use all CDBG funds: In the event that not all CDBG funds are used for the rehab construction of at least 25 homes, the remainder of CDBG funds will be reimbursed to the City. 5.3 No Election of Remedies. Resort, by the City, to a remedy under subsection 5.2 of this Agreement, or another remedy provision set out in this Agreement, does not bar the application and use of any other remedy allowed by law or that may be enforced by the City pursuant to 24 CFR 570.503, as amended. SECTION 6. PROGRAM INCOME. 6.1 Disposition of Program Income. Program income received by the Subrecipient as a result of this Agreement, if any, may be retained by the Subrecipient. Any such program income must be used to provide housing services to low and moderate-income individuals and individuals with disabilities within the City of Corpus Christi and throughout the community served by the Subrecipient in conformity with 24 CFR 570.208, as amended. The Subrecipient shall report program income to the City annually, during the term of this Agreement, not later than October 1 for the previous year ending September 30. 6.2 Accounting for Program Income. The 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 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 Agree- ment, insurance that complies with the standards in Exhibit B, a copy of which is at- tached to this Agreement and is incorporated in this Agreement by reference. A certificate to that effect must be provided to the City's Risk Manager ("Risk Manager") and the Administrator at least ten (10) days prior to any construction. Failure to Page 7 of 17 FY18 CDBG NCCAA Weatherization Agreement maintain any of the types and limits of the insurance required by Exhibit B is cause for the City to terminate this Agreement and cancel any and all reimbursements of CDBG funds to the Subrecipient. 7.2 Notice to City. The Subrecipient shall require its insurance companies, written policies, and certificates of insurance to provide that the City must be given thirty (30) days advance notice by the insurer prior to cancellation, nonrenewal, or material change of the insurance policies required by Exhibit B. Failure on behalf of the Subrecipient to provide the City thirty (30) days advance notice of changes to required insurance documents, the City may cancel any and all reimbursements of CDBG funds to the Subrecipient. 7.3 Right to Re-evaluation and Adjustment of Limits. The Risk Manager retains the right to re-evaluate the insurance requirements during the term of this Agreement and adjust the types and limits of such insurance upon thirty (30) days written notice to the Subrecipient. Insurance types and limits may not be adjusted more frequently than once per year. 7.4 Indemnification. (A) The Subrecipient covenants and agrees that it will indemnify and hold City harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against the City on account of injury or damage to persons or property (including, without limitation on the foregoing, workers' compensation, death, and premises defects) to the extent any such damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the City, its officers, employees, or agents ("Indemnitees"), acting pursuant to this Agreement and with or without the express or implied invitation or permission of the Subrecipient, or on the part of the Subrecipient or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the public facilities/homes being improved or used pursuant to this Agreement, or when any such injury or damage is the result, proximate or remote, wholly or in part, of the violation by Indemnitees, the Subrecipient or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the Improvements being constructed at the Page 8 of 17 FY18 CDBG NCCAA Weatherization Agreement pubic facilities/homes or out of the use or occupancy of the Improvements to the public facilities/homes or the public facilities/homes itself by the Indemnitees, the Subrecipient, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees, and including, without limitation, any damages or costs which may occur as a result of the design of the Improvements to the public facilities/homes, the bidding process, actual construction of the Improvements to the public facilities/homes, administration of the construction contracts by the City or its designee, failure of the Improvements to the public facilities/homes prior to the completion and acceptance of the Improvements by the City and the Subrecipient jointly, failure of the Improvements to the public facilities/homes to work as designed, failure of any contractor, subcontractor, or manufacturer to honor its warranties, or failure of the Subrecipient to maintain the Improvements to the public facilities/homes or the public facilities/homes itself. (B) These terms of indemnification are effective upon the date of exe- cution of this Agreement and whether such injury or damage may result from the contributory negligence or concurrent negligence of Indemnitees, but not if such damage or injury may result from the sole negligence or willful misconduct of Indemnitees. (C) The Subrecipient covenants and agrees that, in case the City is made a party to any litigation against the Subrecipient or in any litigation commenced by any party other than the Subrecipient relating to this Agreement and the Improvements to the public facilities/homes contemplated under this Agreement, the Subrecipient shall, upon receipt of reasonable notice and at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend the City in all actions based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said claims, demands, actions, damages, losses, costs, liabilities, expenses, or judgments. Page 9 of 17 FY18 CDBG NCCAA Weatherization Agreement (D) The provisions of this section survive the termination or expiration of this Agreement. SECTION 8. SUBRECIPIENT'S REQUIREMENTS. 8.1 Precontracting Conference. The Subrecipient has attended a precontracting conference with City representatives. 8.2 Pre-Bid and Pre-Construction Meetings. The Subrecipient and all of its identified architects (if applicable), and contractors and subcontractors must attend a pre-bid and a pre-construction meeting with HCD staff prior to any improvements to be paid with CDBG funds. Failure to do so may result in the Subrecipient being ineligible to receive the CDBG funds awarded and allocated to the Subrecipient under this Agreement. 8.3 Pledged Contribution. The Subrecipient shall provide any additional funds needed for the completion of the Improvements. The Subrecipient shall provide documentation indicating funding source(s) or other proof as may be required by the Administrator. 8.4 Professional Services The Subrecipient shall retain professional services and all necessary contractors for construction of the Improvements in accordance with 2 CFR Part 200.459, as amended, and construct Improvements 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. 8.5 Change Order Procedure. A change order procedure must be instituted to make changes in the plans or specifications or to decrease or increase the quantity of work to be performed or materials, equipment, or supplies to be furnished for the Improvements to the homes. The Subrecipient shall maintain records of all change orders and made available for review, as requested by the Administrator. Any money expended by the Subrecipient by a change order and not approved by the Administrator, the Subrecipient shall bear all such costs associated with unapproved changes. 8.6 Staff and Administrative Support. The Subrecipient shall provide sufficient staff and administrative support to supervise the construction of the Improvements to the homes. 8.7 Use of Funds. The Subrecipient covenants that all CDBG funds expended under this Agreement will be used solely for the activities described in this Agreement. The Subrecipient shall reimburse the City for all funds expended for activities not related to the purpose and activities described in this Agreement or that violate Federal or State laws. 8.8 Accounting and Audit. The Subrecipient shall record financial transactions ac- cording to approved accounting procedures and provide an independent audit of the Page 10 of 17 FY18 CDBG NCCAA Weatherization Agreement expenditures in accordance with 2 CFR Part 200.501, as amended. Such audit must be completed within ninety (90) days after the Improvements were completed. A copy of the audit must be provided to the City within thirty (30) days of completion of the audit. If the audit shows discrepancies between amounts charged the Subrecipient and amounts reimbursed to the Subrecipient by the City, a resolution of the discrepancies must be made within sixty (60) days from receipt of the audit by the City. If the 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 submitted to the City no later than 30 days after received until five (5) years after the projects has been closed. 8.9 Completion Date of Construction. The Subrecipient shall complete construction of the Improvements to at least twenty-five (25) homes in accordance with home assessments and improvements under Section 2.1 by November 30, 2019. If the Subrecipient is rendered unable to carry out the terms of this subsection, the Subrecipient shall promptly give the City written notice of such delay together with reasonable particulars concerning it. The Administrator may extend the construction time schedule for such time as may be deemed necessary and justified. (An extension of the term is addressed in Section 10.) SECTION 9. CITY'S REQUIREMENTS. 9.1 Commitment of Funding for Improvements of Homes. The City shall provide the Subrecipient up to One Hundred Thousand Dollars ($100,000) from the FY2018-19 CDBG Program for Improvements to at least twenty-five (25) homes as described in Section 2 of this Agreement and in accordance with home assessments, budget, and construction schedules made a part of this Agreement, subject to the Subrecipient's compliance with the provisions of this Agreement. 9.2 Additional Funds. Nothing in this Agreement may be construed as requiring the City to provide additional construction funds to the Subrecipient at any time in the future. SECTION 10. GENERAL PROVISIONS. 10.1 Term. This Agreement terminates December 31, 2019. 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 five (5) years commencing on the date of the Subrecipient's execution of this Agreement, unless a specific bound period is shorter or longer as may be stated in this Agreement. 10.2 Objective. The Subrecipient shall monitor the improvements made to homes assisted with CDBG funds for one (1) year after project is deemed closed by the City, to further the primary objective of the Housing and Community Development Act as outlined in 24 CFR 570.200 and 570.208, as each may be amended, and will make all Page 11 of 17 FY18 CDBG NCCAA Weatherization Agreement improvements to the homes by November 30, 2019, and provide programs to help low and moderate income individuals and individuals with disabilities improve the quality of their lives and reach their maximum potential for independence and at all times in accordance with HUD's Community Development Block Grant regulations and guidelines and all local, State, and Federal requirements and laws. 10.3 Licensing. The Subrecipient shall obtain and maintain any certificates and licenses that are required of the Subrecipient, for the construction rehab of the homes, as required by the United States, the State of Texas, the City, and any other agencies having regulatory jurisdiction over the Subrecipient. 10.4 Maintenance. The Subrecipient shall furnish all maintenance and improvements to the homes assisted with CDBG funds as necessary under Subrecipient's Weatherization Program guidelines. 10.5 Default. In the event the Subrecipient ceases to meet all the requirements, in accordance with the terms of this Agreement or commits any other default in the terms of this Agreement, the City is herein specifically authorized to demand reimbursement of the CDBG funds paid to the Subrecipient and, in the event the City is not promptly repaid, the City may seek legal action in any manner the City deems necessary towards Subrecipient for reimbursement of all or portion of the FY18 CDBG funds to the City. 10.6 No Liability. In no event is the City liable for any contracts made by or entered into by the Subrecipient with any other person, partnership, association, firm, corporation, or governmental entity. 10.7 Notices. (A) All notices, demands, requests, or replies provided for or permitted under this Agreement, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; (4) by deposit with an overnight express delivery service, for which service has been prepaid; or (5) by fax transmission. (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph com- pany or overnight express carrier. Notice by fax transmission will be deemed effec- tive upon transmission, with proof of confirmed delivery. Page 12 of 17 FY18 CDBG NCCAA Weatherization Agreement (C) All such communications must only be made to the following: If to the City: If to the Subrecipient: City of Corpus Christi Nueces County Community Action Attn: Leticia Kanmore, Administrator Agency (NCCAA) Housing and Community Development Attn: CEO 1201 Leopard St. 101 South Padre Island Dr. Corpus Christi, TX 78401-2825 Corpus Christi, TX 78405 (361) 826-3816 Office (361) 883-7201 (361) 826-3005 Fax (361) 883-9173 Fax With a copy to: City of Corpus Christi Attn: Rudy Bentancourt, Director Housing and Community Development Department P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3021 Office (361) 826-3005 Fax (D) Either party may change the address to which notice is sent by using a method Set out above. The Subrecipient shall notify the City of an address change within 10 (ten) working days after the address is changed. 10.8 Nonassignment. The Subrecipient may not assign, mortgage, pledge, or transfer this Agreement or any interest in the homes or Improvements without the prior written consent of the City. 10.9 Nonexclusive Services. Nothing in this Agreement may be construed as prohibiting the Subrecipient from entering into contracts with additional parties for the performance of services similar or identical to those enumerated in this Agreement, and nothing in this Agreement may be construed as prohibiting the Subrecipient from receiving compensation from such additional contractual parties, provided that all other terms of this Agreement are fulfilled. 10.10 Breach of Agreement. Notwithstanding any other provisions of this Agreement, should the Subrecipient breach any section or provision of this Agreement including, without limitation, the failure to pay taxes, assessments, or other government charges, the breach shall be remedied in accordance with subsection 4.3 of this Agreement and any other applicable subsections. If repayment is required as a remedy, other remedies may be pursued, as deemed necessary by the City Manager, if repayment is not made. The City is entitled to reasonable attorney's fees in any court action arising out of this Agreement. Page 13 of 17 FY18 CDBG NCCAA Weatherization Agreement 10.11 Modifications. Modifications to this Agreement are not effective unless signed by a duly authorized representative of each of the parties to this Agreement. Modifications which do not change the essential scope and purpose of this Agreement may be approved on behalf of the City by the City Manager. 10.12 Validity. If, for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, phrase, word, and provision of this Agreement be given full force and effect for its pur-pose. 10.13 Jurisdiction and Venue. The laws of the State of Texas govern and are appli- cable to any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces County, Texas, where this Agreement was entered into and must be performed. 10.14 Warranty from Contractor. Upon the Subrecipient's receipt of a copy of the Architect/Engineer's certificate (if applicable) or prime contractor of substantial completion, the Subrecipient shall only look to the architects, engineers, contractors, subcontractors, manufacturers, and their respective warranties to remedy any defects in design, workmanship, or materials, and the Subrecipient covenants and agrees that the City has no responsibility for any defects of any kind or nature whatsoever, even if it is alleged such defect is due to the City's negligence. The City must be a third-party beneficiary to the Subrecipient's contracts effecting the Improvements, and all warranties and duties under such contracts must be in favor of the Subrecipient and the City. 10.15 Copies of Rules and Regulations. Copies of some of the Federal rules and regulations referenced in this Agreement have been provided to the Subrecipient at the precontracting conference as evidenced by the Subrecipient's CDBG Compliance Affidavit, which is attached to this Agreement as Exhibit C and incorporated in this Agreement by reference. Any failure, by the City, to supply the Subrecipient with any other Federal rules and regulations which may be applicable to the Subrecipient, improvements to the homes, CDBG funding, or to recipients of Federal funds does not waive the Subrecipient's required compliance in accordance with Federal law. 10.16 Disclosure of Interests. In compliance with Section 2-349 of the City's Code of Ordinances, the Subrecipient shall complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit D, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. 10.17 Acknowledgment of Funding Source. The Subrecipient shall give credit to the City's CDBG Program as the project funding source in all presentations, written documents, publicity, and advertisements regarding the Improvements. The Page 14 of 17 FY18 CDBG NCCAA Weatherization Agreement Subrecipient agrees to acknowledge the sponsorship of the City of Corpus Christi at any event promoting the project or any other project sponsor. 10.18 Certification Regarding Lobbing. In compliance with federal law, the Subrecipient shall execute Exhibit E, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. (EXECUTION PAGES FOLLOW) Page 15 of 17 FY18 CDBG NCCAA Weatherization Agreement Executed in duplicate originals this I _ i I day of )(.V. ��`Lti�. 20 1C ATTEST: City of Corpus Christi A ' a ...zA %4/'f Reiecca Huerta, ecretary Samuel `Keith" Selman, Interim City Manager Li 17 I, -oral i1UI 1 ► .y c)utOt -1 ' SECRETA ACKNOWLEDGMENT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS COUNTY OF NUECES § This instrument was acknowledged before me on \NUM/Li ' , 20 (j , by Samuel Keith Selman, Interim City Manager of the City of Corpus �0risti, Texas. `: ; MARTHAVAZQUEZ NOTARY PUBLI =•: -, My Notary ID#128028579 tate exas ;:itaiumpoltremornowasseimas March 6,2022 APPROVED AS TO FORM THIS DAY OF , 20 . Miles Risley, City Attorney BY: 4 Mcilyar Assistant City Attorney Page 16 of 17 FY18 CDBG NCCAA Weatherization Agreement SUBRECIPIENT: NUECES COUNTY COMMUNITY ACTION AGENCY /gic1 Executive Director or Designee Date ACKNOWLEDGMENT STATE OF TEXAS § KNOW ALL BY THESE PRESENTS COUNTY OF NUECES § This instrument wa acknowledged before me on•, ,iu1Ui41 � � , 20 let by 0\ i HCl L CkV Y ( 4 i . , Executive Director (or Designee) of Nueces County Community Action Agency, a Texas non-profit corporation, on behalf of the corporation. (1„1 OTARY P U B L , State of Texas ,otPA` `r'otary Public,JUAN G. RAMIREZ : No State of Texas tl�. +,�� Comm. Expires 03-20-2022 '"Htl'`% Notary ID 125626100 FY18 CDBG NCCAA Weatherization Agreement Page 17 of 17 EXHIBIT A PRELIMINARY BUDGET&CONSTRUCTION SCHEDULE Funding: Jiang= Organization: Nueces County Community Action Meng Project Name: WeadNrizetion Minor Home Repairs/ADA Modifications Capital Contribution: 5100,000.00 Other Funds: 50.00 Total Project Cost: 5100.000.00 PRELIMINARY BUDGET Project Finandal Resources: (Funds available to complete your project) AMOUNT • Fund FY2018 CDBG Program...N.N....N.N....N.N.N......N..NIN.N N..w. MAMA • Other Committed Funding.........._... ».N ..».».w.»............ nap • Capital Contribution from Agency....w.NN..N.N.N....w.....N»N.N..». Man • Other(Spedfy)....NN.N....w.N..N.» .». ...NN... SILIE • TOTAL FUNDS AVAILABLE FOR PROIECTN., �.«...............N.N.. $100,000.00 Estimated Expenses to Complete Project: list estimated expenses to complete your protect such as: AMOUNT • Land,Survey,Soil Testing...N....N.......NN..w.w.....».w...N..w...».N.N.N M • A/E Professional Fees.»N..... .............»..N..NN..N.N.N...._ • Bid Advertising,Printing,Etc.................... .........N..»...».NMin • Construction Cost&Contingendes...N..N».....N» N..N».......... .000.00 • Other Expenses:Staff SWARM • TOTAL PROJECT C06T».».N..N....wN..».».. N..»...N.N..._...»..... $100,000A0 (NOTE:'Total Funds Available for Project"sbap bs+eaual to"Total Project Cost' PRELIMINARY CONSTRUCTION SCHEDULE Prr!te . for completion of key project phases) KEY PROJECT PHASES PROJECTED DATE Enter month,day and year • Construction Start...».»....w.N.N..»N.._.......».N..,.w....»..N. 12/01/2018 • Project Completion. .......w....N....w..N.. ».».. . A FINALIZED Budget and Construction Schedule shall be submitted ten 1101 days odor to award aqv construction gagrug,which mug indude a budget with detailed cost of project and detailed schedule of construction from start to completion date,to be substituted for"EXHIBM A•of your Subredpient Agreement with the City. EXHIBIT B INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Director Human Resources, 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an in u once 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 endoneatent,and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI.Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by applicable Per occurrence- aggregate policy endorsements CRIME/EMPLOYEE DISHONESTY S100,000 Per Occurrence Contractor shall name the City of Corpus Christi,Texas as Loss Payee ERRORS&OMISSIONS $1,000,000 Per Occurrence S1,000,000 Aggregate C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REOUIREMENTS A. Applicable for paid employees, Contractor 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 an amount sufficient to assure that all workers'compensation obligations incurred by the Contractor will be promptly met. B. 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. Contractor shall be required to 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 Manager P.O.Box 9277 Corpus Christi,TX 78469-9277 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: • List the City and its officers,officials, employees,volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation ply; • 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 remove the exhibit hereunder,and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereofi 0. 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. 20I8 Insurance Requirements Housing and Community Development Project Funding—Nuec es County Community Action Agency 11/29/2018 aw Risk Management 1e) It ACORQ CERTIFICATE OF LIABILITY INSURANCE 7 - - i i in MYNA or muss canoe lipnun UPON 1111 1 INOMN Clef NIOATNOO■s NOT APANNRTIAN.Y ON IllelIttNaYAIM RI=Oil/SINN MC0 INN,AMEND arm MI= ISM MAN CIR1MICATIIOPOMIMMOs00NIINOT 00M111YRACONfMATIMMOTN____ ____ pimonso_O_ NIPQIMMTATTINONmom TNI<CallIM NSWUM Ohm lswsdNIMOMemofMwping osidoPrinaqwplawwiawi■el.AMaw modem CtAuimdam not mar Salm isam emialMendelaralma ameo, yp, Clara Providers Tiwranas Services, LIC SOT Nord) Leal= Street Suite N Atlanta Tx minr .�■■.�e PII�a� a ..t ty mos wl�i A� tea! amss ■i�■■ 101 South Padre island Drive tea= Copes Christi. TX 711405-4101 summ!_ mows 7rZ ig-3! ai 1111.10110)=1T1aOItINI Aare"MI OROMOIN FMN 0N11Y1Cr 11 �IINIpOMN000a�gaiQM1� M�sYTI1 OE= _ aOMN WrVMMIaNNNNNIION�OrIMNIaAaNt. irsouran ighimussow mirginsnwillgtalt A camwwaues a RMeit 1.000.4 s Loo.002 © o A a+�+rs[ o raoOPOWOO aaO t 5.00 mown soat wmr f 1.400.000 ersrLi-sw -s t 3.000.00q eao.Naaralzuava umpor Nom-oxite rM s 1.000.000 nalliriihrsumen mum 1,1111292118 ono Ay MILE siar elle ll t nlrowaoo Tvirei 't X H00ait oaeaolr Osaiaols wnaaw.es s 1.000.E A Emma 1.000.E Aria"41.82 t EL aoutesow t 00.10 IL sous-sMIRol*I loo.00m omni balwzIO,IL o tgawI t .00q A C1sb - :1.000.OD6 ile(alms*wM itaileMENIKAIllhedEmbibildalimainneisseiwy Sty of Corpus Christi is being awed as additional insured in herds to auto and gonad liability. 31110 tset erisatien program. C1111110:0.111 NOS CAllmornoi illEiblare.1.111111111111MIIIIPEMBEENINEMMIRINE mcommem�a 'awaruoa�aoaaa■�w marmumnermias City of Climes Christi P O lots SWimp Cerus Christi, TX 71400-1127! AC0110nom" TheA0000omen end logo oawgima arawamofACrOND EXHIBIT C CDBG COMPLIANCE AFFIDAVIT STATE OF TEXAS § COUNTY OF NUECES § KNOW Ai-BY THESE PRESENTS: Date: December 11, 2018 Mont Nueces County Community Action Aoency Community Development Block Grant Subredpient Affiant,on oath, swears the following statements are true: I,Alma A.Barra am the Chief Executive Officer(title)of NuscesCountvCommu,gty Action Agency a Texas nonprofit corporation, which has applied for and been awarded Community Development Block Grant("CDBG7 Program funds administered by the City of Corpus Christi ("City"). Prior to start of the project for which CDBG funds have been awarded, as the representative of the above-named subredpient organization ("Subrecipient"),I met with City staff and received copies of the following federal rules and regulations: 24 CFR 570.200,500 and 600 et.Seq. Tiffs 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 Subredpient'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 Subrecplent must comply. aito BY: Name:Alma A. Barrera Onianization:temelognmmainfamo SWORN TO AND SUBSCRIBED before me the 11 day of December,2018.Wide N 11101.1.1L.mm rY u State of =alma , s� C is T` lQ . EXHIBIT D CITY OF CORPUS CHRISTI -DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112,as amended.requires all persons or finis 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 Nunes County Community Action Aaencv MAILING ADDRESS: 101 South Padre Island Drive CITY: COMM Christi,TX ZIP: 78405 FIRM is: 1. Corporation(X ) 2. Partnership( ) 3. Sole Owner( ) 4. Assodation ( ) S. Other ( ) DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach a separate sheet. 1. Stale 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 Yam." Name Job Title and City Department(if known) NA 2. State the names of each"oficier of the City of Corpus Christi having an"ownership Merest'constituting 3%or more of the ownership in the above named"firm' Name Title NA 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 NA 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 NA CERTIFICATE: I certify that all information provided is true end correct as of be dale 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,Taxes as changes occur. Certifying Person: Alma A.Banners Title: Chief Executive Officer (TYp.or Prhhq Signature of Cerifyi g Person: t4�� /LA Date: December 11.2018_ EXHIBIT E CERTIFICATION REGARDING LOBBYING FOR AGREEMENTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of its 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 employee of an 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 agreement,the making of any federal grant, the making of any federal loan,the entering into of any cooperative agreement, or modification of any federal agreement, grant, loan, or cooperative agreement 2. ff 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 agreement,grant, loan,or cooperative agreement,the undersigned shall complete and submit standard form— LLL, "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 sub-awards at al tiers(including sub-agreements,sub- grant, and agreements under grants, loans,and cooperative agreements)and that shall certify and disclose accordingly. This certification is material representation of fact 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 31 U.S.C.Section 1352. 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. Q Ignature ev12/<</ it Date „10. 4. rint Name of Authorized Individual M&LeC.eS NC6himtu A?' Organization Name c I FYI CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity TIAs questionnaire NSF*dumps mode to the law by N.e.73,Nth Log.,Saguia Session. OFFICEUSEONLY Thb qua6anaie is being Med In accordance veli Chapter 176,Local Government Code,by a vendor who ails madnd has a business relationship as darned by Section 176.001(1-4)wIli a local govengontei entity and the vendor meet requirements under Sedan 176A016a). By to.this quaarapob must be lied with the records Mainlatrator of the local governmental idly not Wer len the 7111 business day altar tie date the vendor becomes aware of tads that require N i e statement to be lied.See Salon 176.005(a-1).Local Gmenammd Code. A vendor commis an offense if eta vendor knowingly violates Section 176.006,Local Government Code.M offense under this sedan Is a misdemeanor. 11 Name ofvendorwho hes a business relationship vitt load governmental entity. Nunes County Community Action Agency 'J [] Check this boa if you are filing an update to a p rnvioua ly flied questionnaire.(The law requires the you Olean updated Coumpieted questlonnaim with the appepdate Sling authority not later than the 7th business day after the dale on with you became aware that the originally tiled questionnaire was incomplete or inaccurate.) LI Name of local government Wfloeraboutwhom the Information is being disclosed. Name of Officer it Describe each employment or other business relationship with the local government officer,ora family member of the officer,es described by Section 176.1I03(a)(2)(A).Also describe any family relationship with the local government officer. Complete subpart Aand Bfor each employment orbusiness relationship described.Attach additional pages to this Form CIG me necessary. A. I.the local government officer ora family member of the dicer receiving or likely to receive taxable Broome, other than Investment Income,from the vendor? Yes © No B. Is the vendor receiving or Rely to receive taxable income,other than Investment income,born or at the direction of the local government officer ora family member of the officer AND the tapable income is not received from the kcal governmental entity? E' Yes © No j Describe sash empingmantor business rsletlonelilp lhatthe vendor named hi Section 1 malntainewith acorporation 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. J ❑ Check this box if the vendor las given the tool government akar or a family member dew officer one or more gib as desaibed in Section 1711.003(■)(2)(B),excluding gifts despibed In Section 176.003(a•1). J i /P of vendor doing busies with the governmental entity Farm provided by Tara Eedo Commission wirw.eWns.staa in us Revised 1113012015