HomeMy WebLinkAboutC2021-166 - 3/2/2021 - Approved CDBG-CV SUBRECIPIENT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
COASTAL BEND FOOD BANK
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 Coastal Bend Food Bank, a Texas
non-profit organization ("Subrecipient").
WHEREAS, pursuant to the Coronavirus Aid, Relief and Economic Security Act (Public
Law 116-136) signed into law by President Trump on March 27, 2020 ("CARES" Act) the
United States Department of Housing and Urban Development ("HUD") has allocated
additional Community Development Block Grant funds ("CDBG") funds to the City to
respond to the Coronavirus epidemic; and
WHEREAS, the City has allocated Seventy-Two Thousand Dollars ($72,000) from the
FY2019-20 Community Development Block Grant Coronavirus Response ("CDBG-CV")
Program to contract with Subrecipient to provide a public service by improving their food
bank inventory system for effective and efficient food bank assistance to those in the
community who have been impacted by COVID-19 ("Program Services"); and
WHEREAS, the Coronavirus pandemic has adversely impacted the low income and very
low-income population in the City of Corpus Christi, Texas (including the homeless or
those at risk of being homeless) during the last 15 months; and
WHEREAS, Subrecipient desires to provide COVID-19 Program Services to families
and their dependent children in low and very low-income households within the City of
Corpus Christi by the Subrecipient in conformity with 24 CFR 570.208, as amended; and
WHEREAS, the City desires to encourage the above-referenced Program Services by
providing CDBG-CV funding to 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
FY2019-20 CDBG-CV3 Coastal Bend Food Bank
SCANNED
1.1 Term of Agreement. This Agreement commences no sooner than March 2, 2021
and terminates on September 30, 2022, unless otherwise extended pursuant to the terms
of this Agreement.
SECTION 2. SCOPE, BUDGET, SCHEDULE, AND PAYMENT REQUIREMENTS.
2.1 Scope of Work. Subrecipient shall complete the Public Program Services outlined
in the funding proposal that was submitted and approved by the City Council for
FY2019-20, such proposal being incorporated into this Agreement by reference as if
fully set out in this Agreement. The Subrecipient, will provide Public Services to assist
households affected by COVID-19. The Public Service program will be used to carry
out Subrecipient's proposed funding activity by September 30, 2022.
2.2 Subrecipient Capital Contribution Funds Requirement. The Subrecipient must
have financial and staff capacity to support the Subrecipient's Public Service in order to
successfully carry out the assistance program to be paid with CDBG-CV funds.
2.3 Budget and Program Schedule. The Subrecipient has provided an estimated
project budget and program schedule ("Project Budget and Program Schedule") based
upon the proposed funding activity listed above and as are described within this
Agreement, which Project Budget and Program Schedule is attached to this Agreement
as Exhibit A and is incorporated into this Agreement by reference. Subrecipient in
support of Exhibit A, shall maintain records of Public Service program services conducted
by Subrecipient to determine the cost breakdowns assisted with CDBG-CV funds.
2.4 Modifications. Modifications or revisions to the scope of the Project Program
Services discussed in the APPLICATION response, which scope formed the basis for
this Project to receive Funds, may be made only with the prior written approval of the
Manager of Grant Monitoring Division (GMD) for the City ("Manager").
2.5 Requests for Payment.
(A) All requests for payment made pursuant to this Agreement must be submitted to the
Manager at the business address for the City referenced herein.
(B) Payments for the Public Service will be made based upon the Subrecipient
submitting payment reimbursement application with appropriate documentation of
the eligible funding activity, including an itemized cost breakdown reflecting costs
incurred and assisted with CDBG-CV funds. Appropriate documentation includes but
is not limited to: paid invoices; canceled checks; signed timesheets; payroll and wire
transfers.
(C) No payments will be made without approval by GMD staff affirming the eligible
funding activity.
(D) If there is a delay in performing the Public Services or in requesting payment, the
Manager or the Manager's designee of the City's Grant Monitoring Division ("GMD")
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may require the Subrecipient to provide a written explanation to the GMD for the
delay prior to the GMD processing Subrecipient's application for payment.
(E) All payments will be adjusted according to the actual eligible costs, supported by
appropriate documentation listed above, and in no event may any payment exceed
the funded amount.
2.6 Periodic Performances Reports. The Subrecipient shall submit periodic
performance reports to the Manager that detail progress for the period and advising of
any problems encountered. A performance report must be provided with each
Subrecipient request for payment and/or monthly, whichever comes first.
SECTION 3. RECORDKEEPING, UNIFORM ADMINISTRATIVE REQUIREMENTS
AND OTHER PROGRAM REQUIREMENTS.
3.1 Operations Records. The Subrecipient shall provide access to all original records,
reports, and audits including, without limitation, all agreements, client intake
documentation and assessments assisted with CDBG-CV funds; invoices; payment and
payroll records; bank records; affidavits executed pursuant to this Agreement;
documentation of clientele being benefited by the Public Service paid with CDBG-CV
funds (i.e., households served, etc.) which pertains to Public Service activity with CDBG-
CV funds; and all written obligations pursuant to this Agreement, including, but not limited
to, all information on leveraging of funds required under this Agreement, if any, during
regular business hours for any purposes of the City, the United States' Department of
Housing and Urban Development ("HUD"), or both, to conduct audits and monitoring.
3.2 Equal Participation Documentation. The Subrecipient shall keep and provide
access to records documenting compliance with Section 109 of the Housing and
Community Development Act of 1974 [42 United States Code ("U.S.C.") §5309], as
amended, which requires that no person shall, on the ground of race, color, national
origin, religion, or sex, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part with
community development funds made available pursuant to the Act. Any prohibition
against discrimination on the basis of age under the Age Discrimination Act of 1975, as
amended, or with respect to an otherwise qualified disabled individual, as provided in 29
U.S.C. §794, as amended, also applies to this Agreement. Subrecipient shall ensure
compliance with 24CFR570.208(a)(3), Section 105(a)(4), CFR570.202,
CFR570.506(b)(4)(iii), and CFR570.3; Title VI of the Civil Rights Act of 1964 and as
amended in 1988; Fair Housing Act (42 U.S.C. 3601-3619); Title VII of the Civil Rights
Act of 1968 (Fair Housing Act); Section 504 of the Rehabilitation Act of 1973.
3.3 Information and Reports. The Subrecipient shall provide any information, reports,
data, and forms pertinent to this Agreement as the Manager or staff of GMD 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
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l
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 Manager prior to any costs being incurred.
3.6 Equal Employment Opportunity. Subrecipient shall comply with all applicable
Federal Equal Employment Opportunity regulations, including, but not limited to,
Executive Order 11246, as amended, and Section 3 of the Housing and Urban
Development Act of 1968 as set forth in 24 CFR 570.607, as amended, and shall require
compliance with the aforementioned laws and regulations in all contracts the
Subrecipient enters into with respect to the Public Service.
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 the Public Service, if applicable, and shall
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provide such records to representatives of HUD, the City Manager, or the Manager 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 Manager 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
regarding 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-CV Program award or this
Agreement or for other cause.
4.2 Termination for Convenience. The City may terminate this Agreement for
convenience upon five (5) days written notice to Subrecipient and in accordance with 2
CFR 200.339(a)(3) and (4), as amended. This Agreement may be also be terminated by
joint agreement of the City and 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 Manager 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.
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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 termination of this Agreement, the Subrecipient agrees to refund
to the City all CDBG-CV Program funds which have not been spent as of the date of the
termination notice. 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-CV Funds provision, set out in
Section 5 of this Agreement, also applies to the Subrecipient's CDBG-CV Program funds
on hand, accounts receivable, and real property under the Subrecipient's control.
SECTION 5. REVERSION OF CDBG-CV FUNDS.
5.1 Meeting National Objective. The Subrecipient shall ensure households assisted
with Public Service funds meet applicable HUD income guidelines and national objectives
set forth in 24 CFR 570.208(a)(2)(B) and CFR 570.506(b)(4)(iii); as amended, during the
term of this Agreement. Subrecipient shall submit demographics of the Program
participants within thirty (30) days after all FY2019 CDBG-CV funds are expended or as
requested by the Manager or the Manager's designee.
5.2 Public Service Not Used to Meet National Objective. In the event that the
Subrecipient fails to meet the National Objective outlined in Section 5.1 on Public
Service 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-CV funds
received by the Subrecipient as follows:
(A) Failure to meet national objective: The Subrecipient must reimburse the total award
of CDBG-CV funds received under this Agreement.
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(B) Failure to use all CDBG-CV funds: In the event that not all CDBG-CV funds are used
for public service program services, the remainder of CDBG-CV 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 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. Subrecipient shall maintain 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 Manager at least ten (10) days prior to any Public Services being provided under
this Agreement. 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-CV 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-CV funds to the
Subrecipient.
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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 the City, its officials, officers and employees harmless 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 claims, 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 facilities being 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
entering facilities or occupancy of 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 Public Service, administration of the
contracts by the City or its designee, failure of Public Service
prior to the completion and acceptance of the funding activity by
the City and the Subrecipient jointly, failure of the provide Public
Service itself.
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(B) These terms of indemnification are effective upon the effective date
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, it's
officers, officials or employees 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
Public Service 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 and Indemnitees in
all actions based thereon with legal counsel satisfactory to the City
Attorney, and pay all charges of attorneys and all other costs and
expenses of any kind whatsoever arising from any said claims,
demands, actions, damages, losses, costs, liabilities, expenses, or
judgments.
(D) The provisions of this section survive the termination or expiration
of this Agreement.
SECTION 8. SUBRECIPIENT'S REQUIREMENTS.
8.1 Precontracting Conference. Subrecipient has attended a precontracting
conference with City representatives. A virtual conference is acceptable at this time.
8.2 Pledged Contribution. Subrecipient shall provide any additional funds needed for
the completion of the Public Services outlined in this Agreement. Subrecipient shall
provide documentation indicating funding source(s) or other proof as may be required by
the Manager.
8.3 Staff and Administrative Support. Subrecipient shall provide sufficient staff and
administrative support to administer the CDBG-CV funds and Public Services described
in this Agreement.
8.4 Use of Funds. Subrecipient covenants that all CDBG-CV funds expended under
this Agreement will be used solely for the activities described in this Agreement.
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.
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8.5 Accounting and Audit. Subrecipient shall record financial transactions according
to approved accounting procedures and provide an independent audit of the expenditures
in accordance with 2 CFR Part 200.501, as amended. Such audit must be completed
within ninety (90) days after the Public Services are 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 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.
8.6 Completion Date of Public Service. Subrecipient shall complete the Public Service
activity under Section 2.1 by September 30, 2022. 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
Manager may extend the 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 Public Service Activity. The City shall provide the
Subrecipient up to Seventy Two Thousand Dollars ($72,000) from the FY2019-20
CDBG-CV Program for the administration of the Public Service activity as described in
Section 2 of this Agreement and in accordance with assessments, budget, and schedules
made a part of this Agreement, and subject to the Subrecipient's compliance with the
provisions of this Agreement.
9.2 Additional Funds. Nothing in this Agreement may be construed as requiring the City
to provide additional funds to the Subrecipient at any time in the future.
SECTION 10. GENERAL PROVISIONS.
10.1 Term. This Agreement terminates September 30, 2022. 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. Subrecipient shall monitor the Public Service activity assisted with
CDBG-CV 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 said regulations may be amended. Subrecipient shall provide
said Public Services in accordance with this Agreement by September 30, 2022, and the
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programs shall be directed to assist persons of low and moderate income within the City
of Corpus Christi to 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 Default. In the event that 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-CV funds paid to the Subrecipient and, in the event the City is not promptly
repaid, the City may take legal action in any manner the City deems necessary against
Subrecipient for reimbursement of all or portion of the FY19 CDBG-CV funds to the City.
10.4 No Liability. In no event shall the City be liable for any contracts made by or entered
into by the Subrecipient with any other person, partnership, association, firm,
corporation, or governmental entity.
10.5 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
company or overnight express carrier. Notice by fax transmission will be deemed
effective 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 Coastal Bend Food Bank
Attn: Leticia Kanmore, Manager Attn: Beatriz Hanson
Grant Monitoring Division Executive Director
1201 Leopard St. 826 Krill Street
Corpus Christi, TX 78401-2825 Corpus Christi, TX 78408
(361) 826-3816 Office (361) 887-6289 Office
(361) 826-3005 Fax (361) 887-7687 Fax
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With a copy to:
City of Corpus Christi
Attn: Jennifer Buxton, Assistant Director
Neighborhood Services Department
P.O. Box 9277
Corpus Christi, TX 78469-9277
(361) 826-3976 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.
10.6 No Assignment. Subrecipient may not assign, mortgage, pledge, or transfer this
Agreement or any interest in this Agreement without the prior written consent of the
Manager or the City Manager or their authorized designee.
10.7 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.
10.8 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 Section 4 of this Agreement and any
other applicable sections or subsections of this Agreement. 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.
10.9 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 or their designee.
10.10 Validity. If, for any reason any section, paragraph, subdivision, clause, phrase,
word, or provision of this Agreement is held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word, or provision of this Agreement, for it is the definite
intent of the parties to this Agreement that every section, paragraph, subdivision, clause,
phrase, word, and provision of this Agreement be given full force and effect for its
purpose.
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10.11 Jurisdiction and Venue. The laws of the State of Texas shall govern this
Agreement and shall apply 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.
10.12 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, Public
Service, CDBG funding, or to recipients of Federal funds does not waive the
Subrecipient's required compliance in accordance with Federal law.
10.13 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.
10.14 Acknowledgment of Funding Source. The Subrecipient shall give credit to the
City's CDBG-CV Program as the project funding source in all presentations, written
documents, publicity, and advertisements regarding the Public Service. The Subrecipient
agrees to acknowledge the sponsorship of the City of Corpus Christi at any event
promoting the project or any other project sponsor.
10.15 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)
FY2019-20 CDBG-CV3 Coastal Bend Food Bank Page 13 of 22
ek
Executed in duplicate originals this day of , 2021.
ATTEST: City if Corpus Christi
t,E¢AA-Cv s, ,\
Rebec a Huerta, ec etary Nei i•n You 4, 1
§0:,11 ^3� AUTHQKI[t► Assistant City Ianage
T t OUNCIL..w ~ )...- -`
,A„,6..
APPROVED ... = M:
"ij' k.' '11111 ._ ...._
W. Kent Mcllyar
Assistant City Attorney
SUBRECIPIENT: iastal Bend Food Bank
tidi ./,rA. . ,i/l,A. .% -ung- c O 2f
xecutive Dir-c;r o lesignee Date
ATTE •T
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al 'elow)
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FY2019-20 CDBG-CV3 Coastal Bend Food Bank Page 14 of 22
Exhibit A
PRELIMINARY BUDGET & PROGRAM SCHEDULE
PUBLIC SERVICES
Funding: FY 2019 (CDBG-CV) Funding
Project Name: Barcode Inventory Software
Organization: Coastal Bend Food Bank
Total Project Cost: $72,000
Prepared by: Diana Murillo, Accounting Mgr. Date: 06/15/2021
PRELIMINARY BUDGET
Project Financial Resources: (Funds available to complete your project)
AMOUNT
• Fund FY 2019 CDBG-CV Program . $72.000.00
• Other Committed Funding $-0-
• Capital Contribution from Agency $-0-
• Other... (Misc. Income/ portion of sold vehicle). $1,416.00
• TOTAL FUNDS AVAILABLE FOR PROJECT $73.416.00
Estimated Expenses:
Funded Agency staff needs to set up the program funded eligible expenses cost, to be part of the program
budget such as: Purchase of Supplies; Educational Materials; Advertisement ; Publications; Insurance ;
Transportation & Mileage, Training, Temp. Staff Salary, Etc.,
AMOUNT
• Supplies/Materials $9,576.00
• Equipment $61.840.00
• Training $2.000.00
• Project Delivery $0.00
• Other Expenses (Specify) $0.00
TOTAL PROJECT COST $73.416.00
NOTE: "Total Funds Available for Project" shall be equal to "Total Project Cost"
PRELIMINARY PUBLIC SERVICE PROGRAM SCHEDULE
Public Service Program To Be Completed in 12 Months
Enter Projected dates for completion of key project phases)
Provide the key projected dates for completion of important key phases or milestones to implement your
Program or project, (in approximate logic sequence) from Commencement to 100% completion date.
Such as: Drug Awareness Educational School Presentations for Youth; Parents Awareness Meetings,
Anti-drugs/Anti-crime Events; or other planned activities.
0 KEY PROGRAM PHASES PROJECTED DATE*
Enter month day and year: (mid or end of month)
• Funds to hire staff
• Purchase supplies 07/01/2021
• Purchase goods and material 07/31/2021
• Complete public school presentations
• Complete City's Park & Recreation Summer presentations
• Program at 100% Completion 12/31/2021
A FINALIZED Budget & Program Schedule shall be submitted within ten (10) days prior to start any program
FYy6tNtin tit.M8T *yeaciggtnvtIMbtailisclh.fcst of project and a detailed profirgpsAe$ 1.2
EXHIBIT B
INSURANCE REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance required has been obtained
and such insurance has been approved by the City. Contractor must not allow any subcontractor, to
commence work until all similar insurance required of any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer 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.
CRIME/EMPLOYEE DISHONESTY $100,000 Per Claims Made
Contractor shall name the City of Corpus
Christi,Texas as Loss Payee
C. In the event of accidents of any kind related to this contract, Contractor 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, 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 statutory
amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All
States Endorsement shall be required if Contractor is not domiciled in the State of Texas.
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 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:
FY2019-20 CDBG-CV3 Coastal Bend Food Bank Page 16 of 22
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,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,
Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City
shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time
during this contract. Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any
insurance or policy endorsements to the extent and within the time herein required,the City shall have the
right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to
Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be
held responsible for payments of damages to persons or property resulting from Contractor's or its
subcontractor's performance of the work covered under this contract.
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 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.
2021 Insurance Requirements
Ins. Req. Exhibit 3-N
Professional Services—Crime-Employee Dishonesty
05/27/2021 Risk Management—Legal Dept.
FY2019-20 CDBG-CV3 Coastal Bend Food Bank Page 17 of 22
R
EXHIBIT C
CDBG COMPLIANCE AFFIDAVIT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
Date: 03-10-2021
Affiant: Coastal Bend Food Bank
Beatriz Hanson
Community Development Block Grant Subrecipient
Affiant organization representative on oath swears the following statements are true:
I, Beatriz Hanson am the Executive Director (title) of
The Coastal Bend Food Bank ,a Texas nonprofit corporation, which has applied
for and been awarded Community Development Block Grant("CDBG") Program funds
administered by the City of Corpus Christi ("City"). Prior to the start of the project for which
CDBG funds have been awarded, as the representative of the above-named subrecipient
organization ("Subrecipient"), I met with City staff and received copies of the following
federal rules and regulations:
OMB Circular A-110 24 CFR 85.43 and 85.44
OMB Circular A-122 24 CFR 570.200, 500, and 600 et. seq.
OMB Circular A-133 49 CFR Part 24, 24.101-24.104
24 CFR Part 84
By execution of this affidavit, I attest that I have received the above-listed federal rules and
regulations, I have been provided with a general explanation of this information, and I
understand the Subrecipient's obligations of performance under the rules and regulations.
Furthermore, I acknowledge that there may be additional federal rules and regulations,
beyond the rules and regulations listed above, to which the Subre• •ient may be subject
and with which the Subrecipient must comply.
BY: OA:4A At".. �,��
ti*wt., SYLVIA OE LA CERDA ` Er
N ,gyp 12419529 Name: Beatriz AM)n
I�� Mnl 25,20?2
;ari:'.• Expires?►p Organization: Cletal Bend Food Bank
SWORN TO AND SUBSCRIBED before mete 10 day of March , 2021.
L:.—t-dX red,--
No Public, State of Texas
0
FY2019-20 CDBG-CV3 Coastal Bend Food Bank Page 18 of 22
o�Q us cy9,
` +m EXHIBIT D
iY ax,
\�' h CITY OF CORPUS CHRISTI- DISCLOSURE OF INTERESTS
1851'
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: Coastal Bend Food Bank
P.O. BOX: n/a
STREET ADDRESS: 826 Krill St. CITY: Corpus Christi ZIP: 78108
FIRM IS: 1. Corporation 2. Partnership ❑ 3. Sole Owner n
4. Association 5. Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership
interest" constituting 3%or more of the ownership in the above named"firm."
Name Job Title and City Department (if
known)
none 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
none 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
none n/a
FY2019-20 CDBG-CV3 Coastal Bend Food Bank Page 19 of 22
EXHIBIT I(cont'd.)
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
none none
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will
confer an economic benefit on any City official or employee that is distinguishable from the
effect that the action will have on members of the public in general or a substantial segment
thereof, you shall disclose that fact in a signed writing official or employee in the matter is
apparent. The disclosure shall also be made in a signed writing filed with the City Secretary.
[Ethics Ordinance Section 2-349(d)]
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement,
that I have not knowingly withheld disclosure of any information requested;and that
supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as
changes occur.
Certifying Person: Beatriz Hanson Title: Executive Director
(Type or Print)
Signature of Certifying Date: 3-10-2021
Person: �, I 1 /
EFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by
the City Council of the City of Corpus Christi, Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to
have an effect on that interest that is distinguishable from its effect on members of the
public in general or a substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full
or part-time basis, but not as an independent contractor.
FY2019-20 CDBG-CV3 Coastal Bend Food Bank Page 20 of 22
EXHIBIT I(coned.)
d. "Firm." Any entity operated for economic gain, whether professional, industrial or
commercial, and whether established to produce or deal with a product or service,including
but not limited to, entities operated in the form of sole proprietorship, as self-employed
person, partnership,
corporation,joint stock company,joint venture, receivership or trust,and entities which for
purposes of taxation are treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads,and Municipal Court Judges of the
City of Corpus Christi, Texas.
f. "Ownership Interest." Legal or equitable interest,whether actually or constructively held, in
a firm, including when such interest is held through an agent,trust, estate,or holding entity.
"Constructively held" refers to holdings or control established through voting trusts,proxies,
or special terms of venture or partnership agreements."
g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of
Corpus Christi for the purpose of professional consultation and recommendation.
FY2019-20 CDBG-CV3 Coastal Bend Food Bank Page 21 of 22
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.
A At 1 3-10-2021_
'.ignature ' Date
Beatriz Hanson
Print Name of Authorized Individual
Coastal Bend Food Bank
Organization Name
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