HomeMy WebLinkAboutC2005-355 - 7/26/2005 - ApprovedCDBG SUBRECIPIENT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
GOO'II OYbl
THE STATE OF TEXAS
COUNTY OF NUECES
KNOW ALL BY THESE PRE~ENTS:
This ~reement (-AGmenmnt") is made and entered Into between the City of Corpus
Christi, a Texas home-rule municipal corporaticm ('City'), acting through Its City
Manager or the City Manager'a designee ('City Manager'), and C-.-.-.-.-.-.-.-.-.~d'8 Gym
('Subreclldent'), a nonprofit corporation organized under the laws of the State of
Texas
WHEREAS, the City has allocated Forty Thousand Dolbirs ($40,000) from ~
FY2003-04 Community Development Block Grant ('CDBG') Program for construction of
improve~e.~ to a structure located at 2121 Mary Street (Saint Joseph Middle Schoc~
Gym), Corpus Christi, Texas, such abuctum being leased by the Subractplent
¢'FacHity');
WHEREAS, the City desires that sa;e and sanitary public facilities be provtded for Iow
and moderate income individuals and individuals with disabili'des;
WHEREAS, the Subrecipient desires to operate public facilities to provide such services
to Iow and mode,-a'~e Income individuals and individuals with dbabllifiea wtthln the City of
Corpus Christi and throughout the community sawed by the Subrectplent in conformity
with 24 CFR 570.208, es amended; and
WHEREAS, the City wishes to encourage the services provided by the Submctpient
and there being a genuine need for these ~'vic~ and for approl~date facilities to
provide such services in the City of Corpus Christi.
NOW, THEREFORE, the City and the Submcipient agree as fo~lows:
SECTION 1. 8COPE, BUDGET, SCHEDULE, AND PAYMENT REQUIREMEN'rS.
1.1 Scope of Work. The Subreciplent shall complete the work outlined in the funding
proposal that was submitted and approved by the City's City Council for FY2003-04,
such proposal being incorporated into this Agreement by reference aa if fully set out In
this Agreement. The Submcipient, through its contractom and subcontractors, shall
make improvemei~ to the Facility by replacing the air condi'dcming units
Clmprovement~'). The Improvements will be located on real property ow~ed by the
Dicx:ase of Corpus Christi and located at 2121 Mary Street, corpus Christi, Nueces
County, Texas, and leased by the Subreciplent. For the purpoasa of this Agreement,
....... ~--:';" ~ --"--ctively includes the aforemerfdoned mai property and any
21X)5-.155 thereon as of the date of the Subreciplenfs execution of this
~/z~/(~ s. where appropriate and in context, the proposed Improvem~o
to be constmc~,d with the funding provided under this Agreement. Ail Improvements
must be constructed in accordance with the plans and ~'~fk~Uona ('Pl~r~') prepared
by the Subrecipient's registered architect or licensed p~;'easio~al engineer retained
pursuant to subsection 7.3. No construction may cornmence until the Plans are
approve(] by the Director or the Director's designee ('Director') of the City's
Neighborhood Services Department ('NSD') and by the City's Develot~ntal Services
Def~a~b.ent.
1.2 Submclpla~t ll~atr, hlng Fund~ Requirement. The Subrectplent Is not obllgat~l to
provide any matching funds for the construction of Improvements to the Facility. If Sub-
recipient is required under this Agreement to meet a matching funda requirement end
fails to meet any porlJon of the requirement, the Subrectplent's allocation will not be dis-
bursed, but is automatically forfeited and reverts to ~ City for inclusion In fl. f0Jre CDBG
Programs
1.3 Budget and Cort~e'uctlon Schedule. The Subrecipierff has provided an astl-
mated project budget and project construction schedule ('Project Budget and Con-
trucl]on ~hedula') based upon the proposed Improvements listed above end as am
dasc~bed within thIs Agreement, which Project BudgetiC43~'atm~m ~ule Is at-
tached to thIs Agreement as Exhibit A and ia incorpo~a'~ Into this Agreemertt by
,eference. Ten days prior to the award of any construction contract or aubcontmcax
construction contract pursuant to this Agreernerrt, the Subreciplent shall provide e
finalized budget, which must include a schedule of costs of completion, and a schedule
of construction completion, which must include a detailed schedule for the various as-
pects of cons'mJcflon for Improven~nt~ to the Facility, which docurn~l~a) will then be
substituted for the then existing Exhibit A and become Exhibit A of thIs Agreement for all
purposes under this Agreement.
1.4 Cont~t~ of Finalized Budget and Conatruction Schedule(s). The finalized
budget must include lir'~ ~ costs for each item ,~furencod In subsection 1.1 of this
Agreement. The finalized budget must provide a detailed prasent~on of projected
resources and expenses. The finalized cons'~uc'don schedule for Improvements must
reflect the anticipated timeline for the completion of consl~uctlon for each of the Im-
provements set out in subsection 1.1 of this Agreement, including, but not I~nited to,
dates for the retentloe of a regime, red architect or licensed professional enginaer, com-
pletion of Plans, compiefion of conditions precedent to co~sb"uctlon, commencement of
con=b~ction, completion of construction phases, and final completion of tt~e Improve-
(A) All requests for payment made pursuant to this Agreernerrt must be subrnltted to
NSD.
(B) Progress payme.L~ for the Impmvemeets will be made based upon the finalized
budget and construclJon schedule and the submittal and approval of approprlato
documentation of the work completed, Including, wtl~ut limitation, fully itemized
American InstJtu'm of Architecl~ ('AIA') forms.
(C.) No progress payments will be made without certification by the registered architect
or licensed pmfeasional engineer that the phase to which the payment appllee has
bee~ sub~[antially complu~ued nor will any progress payment be mede without an
~nspectlon by NSD and the City's Developmental Services DeparbTmnt and ap-
proval by both departments that the work has been completed.
(D) The Director may require that the Submciplent provide a dow~ date waiver and a
subordination of rnechanlc's lien claims pdor to any payment.
(E) All payments will be adjusted according to the actual construction coat and
matching funds requirement, if any, and in no ~v~nt may any payment exceed the
stated amount of ~is Agreement. All requests for payments, excluding acquisi'don
of property, will be prorated to reflect the Subreciplent's sham of costs aa per the
approved finalized budget.
1.e Approval of Finalized Budget and ~n Schedule(s). Consbuctlon of
Improvements to the FaciRty may not commence prior to rite City's approval of the final-
rzad budget and construction schedule requlrad under subsection 1.4 of this Agree-
merit. The City will not reimburse any conatnJctJon coats Incurred by ltm Subreciplent
prior to the approval of the finalized budget and construction schedule(s), except for
professional services.
1.7 Periodic Performances Raper're. The Subreciplent shall submit periodic per[or-
manco reports to the City that recite progress for the period and advising of any prob-
lems encountered. A performance report must be provided with each request for pay-
mart[.
SECTION 2. RECORDKEEPING, UNIFORI~ ADI~INISTRATIVE REQUIREMENTS
AND OTHER PROGRAM REQUIREItlENTS.
2.1 Congrructlon and Operatlorm Records. The Subrec~lent shall provide am to
all original records, reports, and audits including, without limitation, all agreefnents and
appraisals for the Facility; invoices; payment and payroll records; bank recorda; plans
and apecificat~ons for the Facility; plans v,,-~=,n and draw~ pursuant to this Agrmnt;
change ordain; coff~m between the Submciplent and Its con13actor($), between
contractor(s) and their subco~-,buctor(s), and between the Subreciplent and its regis-
;ered amhitect(s) or licensed professional engineer(s); communications and correspon-
dance with regard to any co.;,acts and subcontracts perl~ining to this Agreement; affi-
dav~ executed pursuant to this Agreement; documentation of clientele being benefited
oy the Facility (i.e., number of persons being served, etc.) and the activity being carried
out m the Facility which pertains to the constmc'don or operation of the Facility;, and all
w, ilten obllga'dons pursuant to this Agreement, including, but not limited to, all i.;urma-
t~on on matching funds required under ~ls Agreement, If any, during regular busbess
hours for any purposes of the City, the United States Department of Housing and Urban
Development ('HUD'), or both to conduct audits and monitoring.
2.2 Equal PartlclpatJon Documentation. The Subredpient shah keep and IXOV,~ ac-
cess to records documenting compliance with Section 109 of the Housing and Commu-
nity Development Act of 1974 [42 United States Code ('U.$.C.') ,~5309], aa arTmnded,
which requires that no pemon shall, on the ground of mca, color, national origin, reli-
g,on or sex, be excluded from participation in, be denied tim benefila of, or be sub-
jected to discrimination under any program or activity funded in whole or In part ~
community development funds made available pursuant to the Act. Any prohlbltton
against discriminetJo~l on the basis of age under the Age DlscrkTtlnaflon Act of 1975, as
amended, or with respect to an otherwise qualified disabled individual, as provided In 29
U S C. §794, as arnended, also applies to this Agreement.
2.3 Information and Reporla. The Submcipient shall provide any Irfforma'don, rafx3Cm,
da~ and forms pertinent to this Agreement as the Director or staff of NSD may, from
t~me to time, request for the proper adminis'mafion of this Agreement.
2.4 OMB Clrcuiam A-122, A-133, and A-110. The Submcipient shall comply w~th
requirements and ~[andards of United Sia~,s Office of Management and Budget
('OMB') Circulars A-110. A-122. and A-133, as each may be amended.
2.5 Compliance Docu~flon. The Subreciplent shall keep and provide access to
records docurner~ng compliance wfth the rules and regulations contained in Title 24,
Chapter 570, et. seq., of the Code of Federal Regulations ('CFR') 570, including, but
not limited to, Subpart K, Sections 570.603, Labor Standards; 570.607, Employment
and Contracting Opportunities; 570.608, Lead-Based Paint; 570.609, Use of Debarmcl,
Suspended, or Ineligible Contractors or Subreciplents; 570.610, Uniform Administrative
Requirements and Cost Principles; and 570.611, Conflict of Internal If fi'mm is a con-
flict of intemat with any employee, agent, consultant, officer, or member of the Board of
D~rectors of IJ'm Subreciplent, the person with the conflict and the nature of ttm cgmfllct
must be identtrmd, by name and title, and submitted to the Director of NSD pdor to any
costs being incurred at, in. oron the Fecility with respect to co~ ofthe Improve-
2.6 Equal Employment Opportunity. The Submctplent shall comply w~h all appli-
cable Federal Equal Employment Opportunity regulations, including, but not limited to,
Executive Order 11248, aa amended, and Sec'don 3 of the Housing and Urban Develop-
merit 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 co~tracts the Submclplent
enters into with respect to construction of lyre Improvements.
2.7 Requeet for BldeiPropo~aia. The Subreciplent shall comply with requimmen~ of
OMB Circular A-110, as amended, and all State and local procurmTmnt requirmneflta
w~ regard to aolicitafion of bids and proposals for construction of the Improvements to
the Facility, if applicable, and shall provide such records to rep~ of HUD, the
c~y Manager, and the Director upon request.
2.8 Real Property Acquialtlon. The Subraciplent shall comply with requlrernents of
49 CFR Part 24, Subpart B, as amended, and all S~e and local acquiNtlon requlm-
men~ with regard to acquisition of property, if applicable, and ahall provide such
records to representatives of HUD, the City Manager, and the Director upon request.
2.9 Dl~abiad and Handlcepped Acceealblllty. The Subrecipient shall comply with
the Americans with Dlseblllties Act of 1990, as amended, and with ltm rules and regu-
lations published in 28 CFR Part 36, aa arneflded, and all State and local requirements
regarding disabled and handicapped acceasibil~.
2.10 Rellglou~ Organlzatlorm. The Subredplent shall comply wi~ requirements re-
garding religious organizations, as set forb~ in 24 CFR 570.200(]), as amended.
2.11 Velld end Binding I.ea~e. The Submcipient is required to keep and maJnteln ·
valid lease in effect for the term of this Agreement, and for a period of fourteen years
following rite expiration of this Agreement or fourteen years following the date of tim last
dmbursement of CDBG funds under this Agreement, whichever is longer.
SECTION 3. SUSPENSION AND TERMINATION.
3.1 Application of 24 CFR 8~.43. The City may suspend or terminate this Agreement
in accordance with 24 CFR 85.43, as amended, if the Subredplent m,;~lally fees to
comply with any term of the CDBG Program award or this Agreement.
3.2 Application of 24 CFR 85.44. This Agreement may be terminated for convenience
in accordance with 24 CFR 85.44, as amended.
3.3 Remedies for Non-compliance. Pumuant to the provisions cited in Section 3 of
this Agreement, to Federal rules and regulations applicable to ~ Subrecipie~ and to
HUD guidelir)as, if any deficiencies am discerned by or through monitoring of this
Agreement, the City may eider temporarily withhold cash payments pending con'ectlon
of the deficiencies, disallow all or part of the cost of fl*m activity or action not in compli-
ance, wholly or partly suspend o~ terminate the current award, withhold furitmr awards,
or take any other remedies that may be legally available.
3.4 Termination Notk:e. Either party may terminate this Agreement, during lyre ~ of
this Agreement, as of the b~t day of any month upon thirty (30) day~ prior w,;-,~,n no-
t~ce. The party terminating this Agreement must comply w~h subsections 3.1 and 3.2 of
this Agreement and all other provisions of this Agreement providing responslblllfie~ In
the event of termination.
3.5 Termination. Upon a termination of this Agreement, the Subredpie~t agrees to
refund to the City all CDBG Program funds expended on construction of fl'~ Facility and
Improvements. If the Subreciplent cannot refund all such money within thirty (30) days
of the termination notice, the City may take whatever ac'don is necessary to reimburse
the City as set out in 24 CFR 85.43 and 85.44, as each may be amended. Notwffi't-
standing this provision, the Reversion of CDBG Funds provision, set out in Sedion 4 of
this Agreement. also applies to the Subreciplent's CDBG Program funds on hand, ac-
counts recaivablo, and real property under fl'~ Subrecipient's control.
SECTION 4. REVERSION OF CDBG FUNDS.
4.1 Facility end Improvement~ Llaed to Meet National Objective end Same
Buatne.~ Purpose. The Subrecipient's Facility and all Improvem~,b~ must be used to
meet one of the national objectives set forth in 24 CFR 570.208, as amended, during
the term of this Agreement and for one year following the date of final completion of the
construction of the Improvements or one year following the d.,k, of rite last disburse-
merit of CDBG funds under this Agreement, whichever is longer. In addition, the Subm-
clpient shall use the Facility and all Improvements for the same business purpose as
that which existed on the date of the Subredpient's execution of this Agreement for a
period of five (5) yearn following the date of final completion of th~ cono;~uctJon of the
Improve~mnts or following the date of fl'm last disbursement of CDBG funds under this
Agreement, whichever is longer.
4.2 Facility and Improvements Not I. leed to Meet National Ot~ and ~rns
Bnslne~a Purpose. In the event that the Subrecipiet~a Facility or any Improvern~,~
are not used to meet one of the national objectives or the same buslrte~s purpose for
the length of firne specified in subsection 4.1 of this Agreement, then the Subreciplent
shall reimburse the C~y for the CDBG funds received by the Subreciptent aa follows:
,A) Failure to meet national objective: The Subrecipient must reimburse the ~i award
of CDBG funds received under this Agreement.
~B) Failure to use Facility or any Improvements for same business purpose: Prorated
reimbursement as e fractional amount, the numerator being the number of mo.U,~
that the Subrecipient's Facility or any Improven~ntn failed to be used for the same
business purpose as that which existed on the date of the Subreciplent's execution
of th,s Agreement and the denomin-kx being 60, multiplied by the total amount of
CDBG funds received by the Subrectpient under this Agreement.
4.3 No Election of Remedies. Resort, by the City, to a remedy under subsection 4.2
of this Agreement, or another remedy provision set out in this Agreement, does not bar
the application and uae of any other remedy allowed by law or that may be enforced by
the City pursuant to 24 CFR 570.503. aa amended.
SECTION 6. PROGRAM INCOME.
5.1 Di~pnsltlon of Program Income. Program income received by the Submciplent
as a result of this Agreement, if any, may be ~e;~ined by the Subreclpient. Any such
program income must be used to operate public facilities to provide services to Iow and
moderate income individuais and individuais w'~ disabilities wi~ln the City of Corpus
Christi and throughout the community served by the Subreciplent in conformity with 24
CFR 570.208, as amended. The Subreciplent shell report program income to the City
annually, during the term of this Agreement, not la,er than August 31 for rite previous
year ending July 31.
5.2 Accounting for Program Income. The Subreciplent shall comply with OMB
Circular A-110, aa amended, with reference to program income, if applicable.
SEC'nON 6. INSURANCE AND INDEMNITY PROVISIONS.
6.1 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 incorpo~a'a~l in this Agreement by reference. A cerlJfi-
cate to that effect must be provided to the City's Risk Manager ('RJsk blansger') and
the Director at least te~ (10) days prior to any cortstmctlon. Failure to maintain any of
the types and lim~ of the insurance required by Exhibit B is cause for the City to termi-
nate this Agreement and cancel any and all mimbursernents of CDGB funds to the Sub-
-ec~pient
62 Notice tD City. The Subr~cipient shall require Its insurance companies, written
policies, and certificates of insurance to provide that the City must be given ~lrty (30)
days advance notice by the insurer prior to cancellation, nonmnewal, or material change
of the insurance policies required by Exhibit B. Failure to maintain such Insurance will
be cause for the City to take co~ui of the Facility and all Improvements, cancel any
claim that the Subrecipient may have to the use of the Facility and Improvements, end
cancel any and all reimburseme~s of CDBG funds to the Subrecipient.
6.3 Right to Re-evaluation and Adjust Uml~. The Risk Manager re'mina the right to
rccvaluate the insurance requirements dudng the term of this Agreement and adjust
the types and limits of such insurance upon thirty (30) day~ w~'u~,n notice to the Subre-
c~pient. Insurance types and limits may not be adjus~,d more fl'equer~ly than once per
year
6.4 Indemniflc~tlon.
(A) The Subreciplant covenants and agrees that It will Indemnify and
hold City harmless of, from, and egainat ail claim, demands, ec-
fJ~ms, 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, wfthout limitation on
the foregoing, workers' compensedon, death, and prernises de.
fects) to the extent any such damage or Injury may be incident to,
arise out of, or be caused, either proximately or remotely, wholly
or in part, by an act or omission, negligence, or misconduct on the
acting pursuant to this Agreement and wi~ or wflhout the express
or Implied invitation or permission of the Subreclplent, or on the
part of the Subreciplent or any of its agents, servants, employees,
contractors, ~s, guests, licensees, or invitees entorlng upon
the Fecilib/ being Improved or used pursuant to this Agreement, or
when any such injury or damage is the result, proximate or re-
mote, wholly or In part, of the violaf~on by Indemnitees, the Subre.
clplent or any of Its agents, servants, employees, conbactors,
patrons, guests, Iicensses, or invitses of any law, ordinance, or
governmental order of any ldnd, or when any such Injury or darn-
age may in any other way arise from or out of the Improvements
being consb'ucted at the Faollity or out of the use or occupancy of
the Improvements to the Facility or the Facility ~ by Indernni-
tees, the Subreclplent, or any of Its agents, servants, employees,
conbactors, patrons, guests, Iicensess, or invitess, and Including,
without IImlMtlon, any damages or costs wflich may occur as a
result of the design of the Improvements to the Facility, the bid-
ding process, actual construction of the Improvements to the Fa-
cility, edmlnlatradon of the construction contracts by the City or
its designee, failure of the Improvements to the Facility prior to the
completion and acceptance of the Improvements by the City end
the Subreciplent Jointiy, failure of t~e Improvements to the Facility
to work as designed, failure of any contractor, subcontractor, or
manufacturer to honor Its warranties, or failure of the Subreciplent
to rnalntsin the Improvements to the Facility or the Facility Itself.
{B) Those tsflTLS of indemnlflcetion are effective upon the date of exe-
cution of this Agreement and whether such Injury or damage may
result from the sole negligence, contributory negligence, or con-
current negligence of Indemniteas, but not If such damage or In-
jury may result from the gross negligence or wfltful misconduct of
Indemniteas.
The Subrecipient covenants end agrees that, in case the City Is
made s party to any litigation against the Subreciplent or in any
litigation commenced by any party other than the Subreciplent
relating to this Agreement and the Improvements to the Facility
contemplated under this Agreement, the Subreciplent shall, upon
receipt of reasonable notice and at Its own expense, Investigats all
clalrns and demands, attond to their selffement or other disposi-
tion, defend the City In all actions based thereon wfth legal court-
eel saffsfacto~ to the City Attorney, and pay all charges of at.
torneys and all other costs and expenses of any Idnd whetm~v~
arising from any said claims, demands, actiot~, damagee, losses,
~, liabilities, expenses, or Judgments.
(D) The provisions of this section survfve the termination or expiretfon
of fhis Agreement.
SECTION 7. SUBRECIPIENT'S REQUIREMENTS.
7.1 Pmcontmctlng and Pmcormtmctlon Conference. The Subreclplent has atten-
ded a preco,buctlng conference w~h City representatives. The Subrecipient end all of
~s ~lentlfled contractors and subcontmctom must attend a preconstructlon conference
with City rep~. Failure to do so may result in the Submctplent being ineligible
to receive the CDBG funds awarded and allocated to the Submcipient under this Agree-
7.2 Pledged Contribution. The Subrectpient shall provide any additional funds
needed for the completion of the Improvements. The Subreciptent shell provide cen-
celed checks or other proof as may be required by the Director as proof of the contri-
7.3 Prepare Pierre and Specifications. The Subrecipient shall re{sin a registered
archEect or licensed professional engineer in accordance with OMB Circular A-110, as
amende~l, to prepare the Pt-ns and to inspect all Improvements to ensure conformity
w,th final plans and specifications submitted to the Director.
7.4 Profeeal~l Servlce~. The Subrectplerrt shell retain professional m~rvlcas and all
nace~sary contractom for construction of the Improvements in accordance with OMB
Circular A-110, as amended, and construct Improveme,~ to the Facility in accordance
with final plans and specifications and the schedule submitted to NSD as set out in sub-
section 1.1 and 1.3 of this Agreement. The Board of Directors of the Subreclpient shall
ensure that professional services, relating to the const]'ucfl(m of the Improvements, am
retained and that the consb'ucfion of the Improvements is supervised.
7.6 Change Order Procedure. A change order procedure must be Instituted to make
changes in the Plans or specifications or to decrease or inaease ttm quantity of work to
be performed or materials, equipment, or supplies to be furnished for ~ Improvements
to the Facility. The Subrecipient shall submit all change ordem to the Director for ap-
proval prior to the change order becoming effective. Any money expended by Subreclp-
lent pursuant to a change order and pdor to submittal and approval of such change
order is not reimbursable, and the Subrecipient shall bear all such costs.
7.6 Staff and Administrative Support. The Subreciplant shall provide mJfflcle~ staff
and adminisbafive support to supervise the construction of the Improverne.~ to the
Facility.
7.7 ~ of Funds. The Subreciplent covenants that all CDBG funds expertded under
ff~is Agreement will be used solely for the autJvi'des described In this Agreement. The
Subreciplent shall reimburse the City for all funds expended for activities not m~a~ecl to
the purpose and activities described in this Agreement or that violate Federal or
laW~.
7.8 Accounting and Audit. The Submcipient shall record financial transactions ac-
cording to approved accounting procedures and provide an independent audit of the
expenditures in accordance with OMB Circular A-133, as amended. Such audit must be
complei~] within ninety (90) days after the Improvements to the Facility were com-
pleted. A copy of the audit must be provided to the City within thirty (30) days of com-
plebon of the audit. If the audit shows dlscmpanclas between amounts charged rite
Subreciplent and amou~[~ reimbursed to the SubrecJplent by the City, a rasolufion of
the discrepancies must be made within sixty (60) days from receipt of the audit by ~
City. If the Subreciplent owes the City money in resolution of the disorepanck~, the
money must be paid within ninety (90) days from receipt of the audit by the City or the
Subrecipie~t is In default pursuant to this Agreement.
7.9 Coml3~a4Jon Dam of Cor~tru,=flon. The Subrecipient shall complete consbuctlon
of the Improvements to the Facility in accordance with the approved Plans and Specifi-
cations by July 31, 2006. If the Subredplent is rendered unable to carry out the terrns
of this subsection, the Subrectplent shall promptly give the City w~run notice of such
delay together with reasonable particulars conceming it. The Director may extend the
construction tree schedule for such time as may be deemed necessary and justified,
provided, however, that the extension of the con~buction time schedule doe~ not
exceed the term of this Agreement. (An extension of the term is addressed In Sec-
'.~on 9 t
SECTION 8. CITY'S REQUIREMENTS.
8.1 Committment of Funding for Improvemen'm of F~clllty. The City shall provide
the Subredplent up to Forby Thou-And Doliars ($40,000) from the City's FY2003-04
CDBG Program for Improvements to the Facility as described In Section I of this
Agreement and in accordance wilJ, the accepted bid, budget, and conatnJclJon
schedules mede a part of this Agreement, subject to b"m Subrecipient's compliance with
the provisions of this Agreement.
8.2 Additional Funds. Nothing in this Agreement may be construed as requiring the
C~ to provide additional construction funds to the Submciplent at any time In the future.
SECTION 9. GENERAL PROVISIONS.
9.1 Term. This Agreement terminates July 31, 2006. Extensions to the term of this
Agreement may be requested in writing by the Subrecipleflt and approved by the City
Manager However, the Subreciplent is bound by all covenants, terms, and conditions
of b~s Agreement inciuding, wtthout lim?u~Gon, recordkeeplng, for a period of six (6)
years commencing on the date of the Subrec~lent's execution of this Agreement,
unless a specific bound pedod is shorter or longer as may be ~:1 In this AgreerneflL
9.2 Objective. The Submcipient shall operate the Facility and the Improvern~5~ to
furl~e~ the primary objective of the Housing & Community Development Act as outlined
in 24 CFR 570.200 and 570.208, as each may be amended, and will Improve the Facil-
ity by January 15, 2006, and provide programs to help Iow and moderate income indk
viduals and Individuals with disabilities improve the quality of their fives and rea¢~ their
maximum potential for independence and at all times in accordance with HUD's Com-
munity Dev~nt Block Grant regulations and guidelines and all local, State, and
Federal requiremei-~Ls and laws.
9.3 Ucermlng. The Subrecipient shall ob[sin and maintain any certfficate8 and licen-
ses that are required of the Subrecipient, the Facility, and the programs offered at, on,
or in the Facility by the United States, the State of Texas, the City, and any olfter
agencies having regulatory jurisdi~on over the Facility and the Subrecipient.
9.4 M-Intenance. The Subreciplent shall fumish all maintenance to the Factllty and
Improveme~L~ as necessary to maintain the Facility and Improvements in good repair.
9.5 Default. In the event the Subrec~plent ceases to operate the Facility in accordance
with the terms of this Agreement or commits any other de;uult In ~ terms of this
Agreement, the City is herein specifically authorized to demand reimbursement of the
CDBG funds paid to the Subrecipient and, in the event the City Is not promptly repaid, to
take possession of the Facility and all Improvements without recourse and to dispose of
such Facility and Improvements in any manner the City deems necessary to rek?~burse
me City.
9.6 No Liability. In no event is the City liable for any contracts mede by o~ entered int~
by the Subreclplent with any other person, partnership, association, firm, corporation, or
governmental entity.
;A) Ail notices, demands, requests, or replies provided foror permitted under this
Agreement, by either party must be in writing and must be delivered by one of the
following methods: (1) by pemonal delivery; (2) by deposit with the United States
Postal Service as cerlJfied or registered mail, retum 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 tmns~nlasion.
(B) Notice deposited with the United States Postal Service in It~ manne~' 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) businasa day afl~r transmission to the tolegmph com-
pany or overnight express carrier. Notice by fax transmission will be deetned ~
tire upon b-ansmiseion, with proof of confirmed delivery.
(C) All such communications must only be made to the following:
~f to th~ City:
ff to the Submciolent:
City of Corpus Chdsti
At'tn: Director, Neighborhood Servs. Dept
P. O Box 9277
Corpus Christi, Texas 78469-9277
(3611 826-3010 Office
!361~ 826-3011 Fax
God's Gym
c. Jo Champions Fellowship Church
2637 Terrace at Baldwin
Corpus Chdstl, Texas 78404
(361) 882-4748 Office
(381) 882-4795 Fax
(D) Either party may change the address to which notice ia se~t by using a method set
out above. The Subraciplent shall notify the City of an address change within 10
working days after the address is changed.
9.8 Nonseelgnment. The Subreclpient may not assign, mortgage, pledge, or tmr~;'~r
this Agreement or any interest in the Facility or Improvements without rite prior written
9.9 Nonexclu~lve Service~. Nothing in this Agreement may be construed as prohibi-
ting the Subracipient from entering into co~,~i~ wt~ additional parties for the parror-
mance of services similar or identical to those enumerated in this Agreement, and no-
thing in this Agreement may be construed as prohibiting ~ Subrecipient from receMng
compensation from such additional contractual parties, provided that all other terms of
this Agreement ara fulfilled.
9.10 Breach of Agreement. Notwffhstanding any other provisions of this Agreement,
should the Subrecipient breach any section or provision of this Agreement including,
wtthout limitation, the failure to pay taxes, assessments, or other government charges,
the breach shall be remedied in accordance with subsection 3.3 of this Agreement and
any other applicable subsections. If repayment is required as a remedy, other remedies
may be pursued, as deemed necessary by the City Manager, if repayment is not made.
The City is entitled to reasonable attorneys fees in any court action arising out of this
Agmcment.
9.11 Modifications. Modifications to this Agreement am 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 ap-
proved on behalf of the City by the City Manager.
9.12 Validity. If, for any reason any section, paragraph, subcllvision, clause, phrase,
word, or provision of this Agreement is held invalid or unconstitufionaJ by final judgment
of a court of competent jurisdiction, it shall not affect any other section, paragraph, sub-
dIvision, clause, phrase, word, or provision of this Agreement, for it is the definite Intent
of the partie~ to this Agreement that every section, paragraph, aubdiv~ion, clause,
phrase, word, and provision of this Agreement be given full force and effect for Its pur-
pose.
9.13 JurladlclJon and Venue. The laws of the State of Texas govern and am appli-
cable to any dispute arising under this Agrem'nent. Venue is in Corpus Chris'd, Nueces
County, Texas, where this Agreement was entered i~o and must be performed.
9.14 Warranty from Contractor. Upon the Subrecipient's receipt of a copy of the
Architect/Engineer's certtfica~ of substantial c¢~'npletion, the Subrectplent shall only
look to the architects, englneem, contractors, subcontractom, manufacturem, and their
respective warranties to remedy any defects In design, workmanship, or materials, and
the Submcipient covenants and agrees that the City has no reeponalblllty for any de-
fe~.~ of any kind or nature whaLa~ever, even if it is alleged such defect ls due to the
City's negligence. The City must be a fl~lrd party beneficiary to the Subreclplent's
cor, bucts affecting the Improvemei~La, and all warranties and duties under such ~
tracts must be in favor of the Subrecipient and the City.
9.15 Cople~ of Rulee and Regulatlorm. Copies of some of the Federal rules and
regulations referenced in this Agreement have been provided to the Subreciplent at the
precontmcting conference as evidenced by the Subrecipient's CDGB Compliance
Affidavit, which is attached to this Agreement as ExhlbJt C and incorpoiak~:l in this
Agreement by reference. Any failure, by ~ City, to supply the Subraciplent with any
other Federal rules and regulations which may be applicable to ttm Subreciplent, its
Facility, the Improvements, CDBG funding, or to mctpie.~ of Federal fund8 does not
waive the Subredplent's required compliance in accordance with Federal law.
9.16 Acknow~dgment of Funding Source. The Subrecipient shall give credit to the
CDBG Program as the pro~ect funding source in all prees.~-[~ons, w, itt~n docume,,~a,
publmity, and advertiserne.~ regarding the Improvements. The Submclpient agrees to
acknowledge the sponsorship of the City of Corpus Christi at any event promoting the
project or any other project sponsor.
(EXECUTION PAGES FOU.OW)
Executed in duplicate originals ~is ~ day of .. ~,~/.~.,-t- ,2005.
A'I-rEST:
Armando Chapa
C~y Secretary
CITY OF CORPUS CHRISTI
C'~y Manager
Apj~ aa to form only: ~luly 21,2005
Assi~ City Atl~rney ~
for the City Affomey
ACKNOWt. EDGMENT
STATE OF TEXAS l]
~ KNOW ALL BY 'FHESE PRESENTS:
COUNTY OF NUECES ~
Thru in~trurr~nt wa~ acknowledged before me on ~ ( ,2005,
by George K. Noe, City Manager of the City of Corpus Christi, a T,~l(as home-rule
municipal corporation, on behalf of ~ corporation.
SUBRECIPIENT: GOD'S GYM
Executive Director
Pdnted name
ACKNOWLEDGMENT
STATE OF TEXAS ~
;j KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES ~
,T~. is Instz;ument was acknowledged before me on ~,~ 'Z.~. ,2005,
by f, ft ~e La I,~,-q 4,~ , t~e Executive Dire~or of God's Gym,
a Texas nonprofit corporation, on behaff of the corporation.
EXHIBIT A
God's Gym
Preliminary Construction Schedule
Advertise for professional services
Pre Bid Meeting
Pre Construction Meeting
Award/begin contract
Project completion
August 2005
August 2005
August 2005
September 2005
September 2005
Preliminary Budget
Four 7.5 ton A/C Un~
Electrical work
Engineer Services
Advertisement
Project Total
$ 30,000
6,000
3,500
500
$ 4o,ooo
Total CDBG Funds Available $ 40,000
EXHIBIT B
INSURANCE R;r~UIREM;NTS
SubredDient's Liability Inaurance
A
Subrecipient must not commence work under this agreement all insurance required herein has
bccn obtained and such insurance has been approved by the City. Subraciplent must not Mow
any subcontractor to commence work until all similar insurance required of the subcontractor
has been obtained.
B
Subrecipient must fumish to the City's Risk Manager, 2 copies of CerUflcute~ of Insurance,
showing the following minimum coverage by insurance company(s) acceptable to the City's
Risk Manager. The City must be named as an additional insured for all liability policies, and a
blanket waiver of subrogation on all applicable policies.
TYPE OF INSURANCE
6
; ~0-Day wratm neti~ of cmmellm~m, mltedal
; change, non-renewal or mk~tl~ and t0 ~
I w,;~.~ noUceofonned Uo~ for no~-paymeet of
[[ pmflflum b required on nil
COMMERCIAL GENERAL LIABILITY Including.
1
2
3
4.
5
6
7
Commercial Fo~rn
Premises -
Products/Co~pieted O~e?atlons Hazard
Contr~ Lteb~
Broad Form P~
~al Inju~
MINIMUM
nodl~ InJu~ n~ ~
FIRE and EXTENDED COVERAGE
BUILDERS RISK INSURANCE
I AJ{ RMk~ of Physical Loss; including cotlapae
arid tmnNt coverage
ArB minimum, amount eafficient to cover the
ret:)tncmNM~t ~ of ~h ~ or ~lding
rmyee clause.
Full value of any improveme~ cormtrucl~l with
CDBG Funds provided unde~ l~la agreem~ eo long
a~ ~:~-'k re~a~'~ to be co. plead on ~.:t~
improvemen~
C In the event of accidents of any kind, Subrecipient must furnish the Rl~k Manager wffh copies
of all reports of such accidents w;l. hin 10 days of the accident.
C ~mrnunlty De~,'~3pment ~ Grant P,c-~mm Submclplerff ~ h'm,. req.
_n7-23- 04 ep ~ MgrrR
Il ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
The City of Corpua Chrletl must be named as an additional In~ured on the ltabir~ty
coverage, and a blanket waiver of subrogation on all applicable policies.
The City of Corpua Chrlatl must be named as I(ms 13ayee using a =~,,ndard loss
payee clause on the Fire and Extended Coverage coverage.
If your insurance company uses the standard ACORD form, the cancellatlo~ cia[me
(bottom dght) mtmt be amended by adding the wording "changed or" between "be"
and 'canceled*. and deleting the words, "endeavor to", and deleting ~ wording after
The nim~ of thi pro, ct must be listed under "Description of Ope~a~ons"
At a minimum, a 30-day ~,;~,,n notice of cancellation, non-renewal, material change
or te,,inafion and a 10-day written notice of cancellation for non-payment of
premium is required.
If the Certificate of Insurance on its face does no~ show on its face the existence of
the coverage required by items 1.B (1)-(7), an authorized repreaer,[aLive of the
insurance company must include a letter specifically stating whether ~ 1 .B. (1)-7)
are included or excluded.
END
Co~nmun~ty Devek:~me~ Block Gram Program Subredpie~t Agreement~ [rm. req.
07.23-D4 e~3 RI~ blgn~
EXHIBIT C
CDBG COMPLIANCE AFFIDAVIT
STATE OF TEXAS
COUNTY OF NUECES
Dete: .'~ -~
KNOW ALL BY THESE PRESENTS:
[;ommunity Developmeht Block Grant Subrecipient
Affiant, on oeth.
· ~ the following statements am true:
..
of_ (~-'1.~ I ~ · ,-
, a Texes nonprofit
corporation, whk:h has applied for and been awarded Community Development Blod(
Grant ('CDBG") Program funds administered by the City of Corpus Chdafi ("City'). Prior
to the start of ~ project for which CDBG funds have been awarded, as the repres~qba-
rive of the above-named aubrecipient organiT~tion ('Submctpient'), I met with City staff
and received copies of the following Federal rules and regulations:
24 CFR 85.43 and 85.44
24 CFR 570.200, 500, and 600 et. seq.
49 CFR Part 24, 24.101-24.104
OMB Circular A-110
OMB Circular A-122
OMB Circular A-133
24 CFR Part 84
By execution of this affidavit, I attest that I have received the ebove-Eabecl Federal rules
and regulations, City staff has explained the rules and regulations, and I understand the
Subrecipient's obligations of perl:ormance under the rules and regulatJona. Further-
more, I acknowledge that there may be additional Federal rules and regulations,
beyond the rules and regulations listed ali~ve, to which h'm Subreciplant may be subject
to. and wrth which the Subrecipient mu~ co~n accordance with Federal law~.
SWORN TO AND SUBSCRIBED before me the
Z 2..day of -
o~ary Public, State of Texas