HomeMy WebLinkAboutC2021-324 - 7/27/2021 - Approved CDBG SUBRECIPIENT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
RISING TIDE MINISTRIES
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 Rising Tide Ministries,
3636 Monterrey Street, Corpus Christi, Texas, a Texas non-profit organization
("Subrecipient").
WHEREAS, the City has allocated Fifty Thousand Dollars ($50,000) from the FY2021-
22 Community Development Block Grant ("CDBG") Program to provide a Minor Home
Repair Grant "Safe at Home" Program; and
WHEREAS, the City desires to improve services for Low-Income eligible households in
the City of Corpus Christi, Texas;
WHEREAS, Subrecipient desires to utilize said grant funds to improve aging-in-place
outcomes for low-income older adults by making repairs to their home environment to
meet their mobility and accessibility needs including repairs such as accessible ramps,
handrails, bathroom and kitchen modifications in conformity with 24 CFR 570.208, as
amended.
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 September 30, 2022, 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 Council for FY2021-22, such
proposal being incorporated into this Agreement by reference as if fully set out in this
Agreement. The Subrecipient, through its contractors and subcontractors will make
repairs to qualifying properties to meet mobility and accessibility needs. The
FY21 CDBG Rising Tide Ministries 1
SCANNED
improvements will be targeted for 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 and as required by City building code. No construction may
commence until the Plans are approved by the Manager or the Manager's designee
("Manager") of the City's Grant Monitoring Department ("GMD") and by the City's
Development Services Department ("Development Services") as required by local
building code.
2.2 Subrecipient Capital Contribution Funds Requirement. The Subrecipient must
have financial and staff capacity to support the Subrecipient's program services 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 improvements
assessments conducted to determine the construction cost breakdown assisted with
CDBG funds.
2.4 Modifications. Modifications or revisions to the scope of the Project discussed in
the RFP response, which scope formed the basis for this Project to receive Funds,
may be made only pursuant to the prior written approval of the Manager of GMD.
2.5 Requests for Payment.
(A) All requests for payment made pursuant to this Agreement must be submitted to
the Manager.
(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 and
assisted with CDBG 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 an inspection by Grant Monitoring Department
(GMD) staff affirming that the work has been completed.
(D) If there is a delay, the Manager or the Manager's designee ("Manager") of the
City's Grant Monitoring Department ("GMD"), Manager 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 improvement assessments conducted, and in no event may any payment
exceed the funded amount.
FY21 CDBG Rising Tide Ministries 2
2.6 Periodic Performances Reports. The Subrecipient shall submit periodic perfor-
mance reports to the Manager 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
improvements; 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 improvements rehab with CDBG funds; and all written obligations pursuant to this
Agreement, including, but not limited to, all information on leveraging of funds required
under this Agreement, if any, during regular business hours for any purposes of the
City, the United States' Department of Housing and Urban Development ("HUD"), or
both, to conduct audits and monitoring.
3.2 Equal Participation Documentation. The Subrecipient shall keep and provide
access to records documenting compliance with Section 109 of the Housing and
Community Development Act of 1974 [42 United States Code ("U.S.C.") §5309], as
amended, which requires that no person shall, on the ground of race, color, national
origin, religion, or sex, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part with
community development funds made available pursuant to the Act. Any prohibition
against discrimination on the basis of age under the Age Discrimination Act of 1975, as
amended, or with respect to an otherwise qualified disabled individual, as provided in 29
U.S.C. §794, as amended, also applies to this Agreement. Subrecipient shall ensure
compliance with 24CFR570.208(a)(3), Section 105(a)(4), CFR570.202,
CFR570.506(b)(4)(iii), and CFR570.3; Title VI of the Civil Rights Act of 1964 and as
amended in 1988; Fair Housing Act (42 U.S.C. 3601-3619); Title VII of the Civil Rights
Act of 1968 (Fair Housing Act); Section 504 of the Rehabilitation Act of 1973.
3.3 Information and Reports. The Subrecipient shall provide any information, reports,
data, and forms pertinent to this Agreement as the 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
Measurement System, administered by the City, as a condition of receiving funds under
this Agreement.
FY21 CDBG Rising Tide Ministries 3
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 at, in, or on the
improvements with respect to construction of the Improvements.
3.6 Equal Employment Opportunity. The Subrecipient shall comply with all appli-
cable Federal Equal Employment Opportunity regulations, including, but not limited to,
Executive Order 11246, as amended, and Section 3 of the Housing and Urban Develop-
ment Act of 1968 as set forth in 24 CFR 570.607, as amended, and shall require compli-
ance with the aforementioned laws and regulations in all contracts the Subrecipient
enters into with respect to construction of the Improvements.
3.7 Request for Bids/Proposals. The Subrecipient shall comply with requirements of
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
FY21 CDBG Rising Tide Ministries 4
applicable, and shall 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 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.
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.
FY21 CDBG Rising Tide Ministries 5
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 shall ensure households assisted
meet applicable HUD income guidelines and national objectives set forth in 24-CFR 24
CFR 570.208 (a)(2)(ii) as amended, during the term of this Agreement. Subrecipient
shall submit demographics within thirty (30) days after all FY2021 CDBG funds are
expended or as requested by GMD.
5.2 Construction 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 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.
FY21 CDBG Rising Tide Ministries 6
(B) Failure to use all CDBG funds: In the event that not all CDBG funds are used for
the Minor Home Repair Grant "Safe at Home" Program, 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 services to low-to 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 if applicable.
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 if
applicable. 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 if applicable. 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 Manager at least ten (10) days prior to any construction. Failure to maintain
any of the types and limits of the insurance required by Exhibit B is cause for the City
to terminate this Agreement and cancel any and all reimbursements of CDBG funds to
the Subrecipient.
7.2 Notice to City. The Subrecipient shall require its insurance companies, written
policies, and certificates of insurance to provide that the City must be given thirty (30)
days advance notice by the insurer prior to cancellation, nonrenewal, or material change
of the insurance policies required by Exhibit B. Failure on behalf of the Subrecipient to
provide the City thirty (30) days advance notice of changes to required insurance
documents, the City may cancel any and all reimbursements of CDBG funds to the
Subrecipient.
FY21 CDBG Rising Tide Ministries 7
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, its officials, employees and agents 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, 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 Subrecipient, it's agents, officers,
employees, contractors or subcontractor or 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 Minor Home Repair Grant "Safe at Home" program
improvements 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 Minor Home Repair Grant "Safe at Home"
program improvements made thereto 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 Minor Home Repair Grant
"Safe at Home" program Improvements, the bidding process,
actual construction of the Minor Home Repair Grant "Safe at
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Home" Improvements, administration of the construction
contracts by the City or its designee, failure of the Minor Home
Repair Grant "Safe at Home" Improvements prior to the
completion and acceptance of the Minor Home Repair Grant
"Safe at Home" Improvements by the City and the Subrecipient
jointly, failure of the Minor Home Repair Grant "Safe at Home"
Improvements to work as designed, failure of any contractor,
subcontractor, or manufacturer to honor its warranties, or
failure of the Subrecipient to maintain the Minor Home Repair
Grant "Safe at Home" Improvements 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, it's
officers, officials, employees or agents are 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 Minor Home Repair Grant "Safe at Home"
program improvements 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, it's officers,
officials, agents and employees in all actions based thereon with
legal counsel satisfactory to the City Attorney, and pay all charges
of attorneys and all other costs and expenses of any kind
whatsoever arising from any said claims, demands, actions,
damages, losses, costs, liabilities, expenses, or judgments.
(D) The provisions of this section survive the termination or expiration
of this Agreement.
SECTION 8. SUBRECIPIENT'S REQUIREMENTS.
8.1 Precontracting Conference. The Subrecipient has attended a precontracting
conference with City representatives.
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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 GMD 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 Manager.
8.4 Professional Services The Subrecipient shall retain professional design 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 GMD 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 Manager. Any money expended by the
Subrecipient by a change order and not approved by the Manager, 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
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 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
FY21 CDBG Rising Tide Ministries 10
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 Improvements to the real property of qualifying households in accordance with home
assessments and improvements under Section 2.1 by September 30, 2022. If the
Subrecipient is unable to complete construction of the Improvements by September 30,
2022, the Subrecipient shall promptly give the City written notice of such delay together
with reasonable particulars concerning the delay and estimated time of completion. The
Manager 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 Fifty Thousand ($50,000) from the FY2021-22 CDBG Program for
Improvements to the property of qualifying applicants as described in Section 2 of this
Agreement and in accordance with improvements 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 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.
10.2 Objective. The Subrecipient shall monitor the Improvements 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. Subrecipient shall make any
necessary repairs to the Improvements during any applicable warranty periods. The
primary objective of this Agreement is for Subrecipient to provide services to help low-
and moderate-income individuals 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,
FY21 CDBG Rising Tide Ministries 11
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
assisted with CDBG funds as necessary under Subrecipient's Program services
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 FY20 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.
(C) All such communications must only be made to the following:
If to the City: If to the Subrecipient:
City of Corpus Christi Rising Tide Ministries
Attn: Leticia Kanmore, Manager Attn: Lisa Gerdes
Grant Monitoring Division Executive Director
1201 Leopard St. 9842 South Padre Island Drive
Corpus Christi, TX 78401-2825 Corpus Christi, TX 78418
(361) 826-3816 Office (361) 960-6573 Office
(361) 826-3005 Fax
FY21 CDBG Rising Tide Ministries 12
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.
10.8 Nonassignment. The Subrecipient may not assign, mortgage, pledge, or transfer
this Agreement or any interest in the 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.
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.
FY21 CDBG Rising Tide Ministries 13
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, 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
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)
FY21 CDBG Rising Tide Ministries 14
Executed in duplicate originals this day of 617 , 2021.
ATTEST: City of Corpus Christi
ReinAff-et,
Rebecca Huerta, Secretary Tracey K. C,=O u, I terim Director
Nei hborho. Services Department
9 p
APPROVE TO FORM:
� " AU1 HUKItt►-tag — 1YmI1Cll
.../..A.L21.
W. Kent Mcllyar
Assistant City Attorney
SFCRET�.
SUBRECIPIENT: RISING TIDE MINISTRIES
<4A71, %/-?/ 7
Executive Director or Designee Date
ATTEST:
L' 150-6/1/
(Seal Below)
FY21 CDBG Rising Tide Ministries 15
EXHIBIT A 2021 OCT 13FM12:b4,
PRELIMINARY BUDGET & CONSTRUCTION SCHEDULE
Funding: FY2021 CDBG
Organization: Rising Tide Ministries
Project Name: Safe at Home _
Capital Contribution: $
Other Funds: $ 13,000
Total Project Cost: $ 63,000
Prepared by: Rev.Date:
PRELIMINARY BUDGET
Project Financial Resources:
(Funds available to complete your project)
AMOUNT
• Fund FY 2021 CDBG Program . . $ 50,000
• Other Committed Funding (Charity League) $_13,0000
• Capital Contribution from Agency............ ..... .........
Other...(Specify) ... .. $
• TOTAL FUNDS AVAILABLE FOR PROJECT...... $ 63,000
Estimated Expenses to Complete Project:
j,ist estimated expenses to complete your project such as:
AMOUNT
• Metal Building Shell & Foundation ($142,375)(Completed by Agency) $
• Land Survey , Soil Testing, $
• A/E Professional Fees (12%) $
• Bid Advertising, Printing, Etc .. .. $
• Construction Cost & Contingencies $
• Other Expenses ADA l& Other Certifications ... $ 63,000 _
• TOTAL PROJECT COST .
NOTE: "Total Funds Available for Project" shall be equal to "Total Project Cost"
PRELIMINARY CONSTRUCTION SCHEDULE
(Projected dates for completion of key project phases)
KEY PROJECT PHASES PROJECTED DATE
Enter month, day and year
• Facility Acquisition
• Platting: Soil Testing; Environmental; Other
• Procurement of Architect/Engineer (A/E) Services
• Design Phase
• Advertising/ Bid Opening ........ 11/21
• Awarding Construction Contract12/21
• Commencement of Construction 01/22
• Construction at 100% Completion 5/22
•
Contingencies .......................................................
A FINALIZED Budget and Construction Schedule shall be submitted ten(10)days prior to award any construction contract,
which must include a budget with detailed cost of project and detailed schedule of construction from start to completion date,
to be substituted for"EXHIBIT A" of your City Agreement.
2021 OCT 13 P412:54
EXHIBIT B
INSURANCE REQUIREMENTS
I. 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 $50,000 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:
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
Professional Services—Crime-Employee Dishonesty
10/26/2021 Risk Management—Legal Dept.
l
EXHIBIT C
CDBG COMPLIANCE AFFIDAVIT
STATE OF TEXAS §
§ KNOW ALL BY THESE
PRESENTS:
COUNTY OF NUECES §
Date: 09/29/2021
Affiant: _Rising Tides Ministries
Community Development Block Grant Subrecipient
Affiant organization representative on oath swears the following statements are
true:
I, _Lisa Gerdes am the
_Director (title) of
Rising Tide Ministries , a Texas
nonprofit corporation, which has applied for and been awarded Community
Development Block Grant ("CDBG") Program funds administered by the City of
Corpus Christi ("City"). Prior to the start of the project for which CDBG funds have
been awarded, as the representative of the above-named subrecipient
organization ("Subrecipient"), I met with City staff and received copies of the
following federal rules and regulations:
OMB Circular A-110 24 CFR 85.43 and 85.44
OMB Circular A-122 24 CFR 570.200, 500, and 600 et. seq.
OMB Circular A-133 49 CFR Part 24,
24.101-24.104 24 CFR Part 84
By execution of this affidavit, I attest that I have received the above-listed federal
rules and regulations, I have been provided with a general explanation of this
information, and I understand the Subrecipient's obligations of performance under
the rules and regulations. Furthermore, I acknowledge that there may be additional
federal rules and regulations, beyond the rules and regulations listed above, to
which the Subrecipient may be subject and with which the Subrecipient must
comply.
By: lea'
Lisa Gerdes
Name:
I.-c4 o? J - (S
2021.OCf ;J.5 r$412:54
RisingTides Ministries
3636 Monterry
Corpus Christi, TX 78411
Organiza,ti9sn:
SWORN TO AND SUBSCRIBED before me the "0/1 day ofeffret&Tayt,
2.att. /
I 1 A 11
/
Notary Public, State of Texas
ExMYpiNreest,...,_,piptemt#bel3r221.79,C)62
2
202i. OCT 13 P-8.12:54J
u s
m EXHIBIT D
CITY OF CORPUS CHRISTI - DISCLOSURE OF INTERESTS
7851 ,
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: Rising Tides Ministries
P. 0. BOX:
STREET ADDRESS: 9841 S Padre Island Dr. CITY: Corpus Christi ZIP: 78418
FIRM IS: 1. Corporation g 2. Partnership I 1 3. I Sole Owner
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)
N/A N/A
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Title
N/A N/A
3. State the names of each "board member" of the City of Corpus Christi having an "ownership
interest" constituting 3%or more of the ownership in the above named "firm."
Name Board, Commission or Committee
N/A N/A
2021 NOV 3 N 4;44-1
R o
EXHIBIT f(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
N/A N/A
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: Title:
Lisa Gerdes Director
(Type or Print)
Signature of Certifying Date: 09/29/2021
Person:
tel l ,k7/2%," `'/,ef/V
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by
the City Council of the City of Corpus Christi,Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to
have an effect on that interest that is distinguishable from its effect on members of the
public in general or a substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full
or part-time basis, but not as an independent contractor.
EXHIBIT4(cont'd.)
d. "Firm." Any entity operated for economic gain, whether professional, industrial or
commercial, and whether established to produce or deal with a product or service, including
but not limited to, entities operated in the form of sole proprietorship, as self-employed
person, partnership,
corporation,joint stock company,joint venture, receivership or trust, and entities which for
purposes of taxation are treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the
City of Corpus Christi, Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in
a firm, including when such interest is held through an agent,trust, estate, or holding entity.
"Constructively held" refers to holdings or control established through voting trusts, proxies,
or special terms of venture or partnership agreements."
g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of
Corpus Christi for the purpose of professional consultation and recommendation.
Exhibit E
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or an employee of any agency,
a member of congress, an officer or employee of congress, or an employee of a member of
congress in connection with the awarding of any federal contract, the making of any federal
grant, the making of any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a member of
congress, an officer or employee of congress, or an employee of a member of congress in
connection with this federal contract,grant, loan,or cooperative agreement,the undersigned
shall complete and submit with this a Standard Form-11, "Disclosure Form to Report Lobbying,"
in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers(including subcontracts,subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify
and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 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.
/6g 4/ 4/Z/- 17 9/29/21
Signature Date
Lisa Gerdes
Print Name of Authorized Individual
Rising Tide Ministries
Organization Name
2021. OCT 1,2p 12.55