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HomeMy WebLinkAboutC2005-356 - 7/26/2005 - Approved CDBG SUBRECIPIENT AGREBIENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRIST1 POUCE ATHLETIC LEAGUE THE ~rATE Of: TEXAS COUNTY OF NUECES KNOW ALL BY THF_SE PRF.~ENT~: This agreement ('Agreement') is made artd e~a~ered into between the City of Corpus Chdsti, a Texas home-rule municipal corpo~aEon ('City'), acting through Its City Manager or the City Manager's designee ('City Manager"), and the Corpus Christi Police Alt~laflc League (`Subreclplent'), a nonprofit corporation organized under ~ laws of the State of Texas. WHEREAS, ~ City has allocated Eighty-seven Thousand Dollars ($87,000) from the FY2004-05 Community Development Block Grant ('CD~Q') Program for construction of improvements to baseball fields located at 1722 Winnebago (T.C. Ayem Park fields), Corpus Christi, Texas, such fields being leased by the Submciplant ('Flek~'); WHEREAS, the City desires that safe and sanitary public facilities be provided for Iow and moderate income individuals and indlvlduais with disablli'des; WHEREAS, ~ Subrecipie~t desires to ol)erate public facilities to provide such services to Iow and moderate income individuals and Individuals with disabilities w~thln ~ City of Corpus Christi and throughout the community served by ~ Subrecipient In co.;urmlty with 24 CFR 570.208, as amended; and WHEREAS, the City wishes to encourage the services provided by the Subrecipient and there being a genuine need for these services and for appropriate facilities to provide such services in the City of Corpus Chdsti. NOW, THEREFORE, the City and the Subrecipient agree as follows: SECTION 1. SCOPE, BUDGET, SCHEDULE, AND PAYilIENT REQUIRBIENTS. 1.1 Scope of Work. The Subrecipient shall complete the work outlined In the finding proposal that was submitted and approved by the City's City Council for FY2(X)4-05, such proposal being incorpc,-abed into this Agreement by ,e;~rence es ff fully sa~ out in th~s Agreement The Subrectpie~t, I~mugh its co. bact~s and subco,-,b.ctofs, shall make Improvements to the Fields by replacing the lighting ('lmprova:,~s:da'). The Impmveme.[= will be located on real property owned by the City, located at 1722 Winnebago, Corpus Chdst], Nueces County, Texas, and leased by ~ Subrecipient. For the purposes of this Agreement, the term "Fields' collectively Includes the mentioned real property and any improvements existing thereon as of the da~ of the "his Agreement and incJudes, where appropriate and in Z00S-356 vement~ to be constructed ~ tt~ funcllng provided under me.ia must be constructed in accordance with the plans M20~-237 ¢ ¢~ Pohre -xthle~ic League and specificationa (-Plan~') prepared by the Submciplent'e regletemd archlMct or licensed professional engineer retained pumuant to eubeection 7.3. No cormtmctlon may commence until tim Plane are al~roved by the Director or tim Direct~e clealgnee ('Director") of the City's Neighborhood Services Department ('NSD') and by the City's Developmental Services Depa, b~mnt. 1.2 Subreclptent Matching Fun(Jo Requlr~Ttent. The Subreciplent Is not obiigated to provide any matching funds for the conubuctfon of Improvemente to the Fields. If Sub- recipient ie required under thie Agreement to meet a matching funds requirement and faile to meet any portion of the requirement, the Subrectpient'e allocation will not be die- bureed, but Is automatically forfeited end reverts to the City for Inclusion in future CDBG Programs 1.3 Budget and Cormb-uctl~ Schedule. The Subreciplent has provided an eafd- mated project budget end project construction schedule ('Project Budget end Con- traction Schedule') based upon the p~ Improvements listed above and as am descried within thIs AgremTmnt, which Project Budget/Co~ Schedule Is at- tached to thIs Agreement as Exhibit A and Is incorporated into thie Agreement by reference Tan day~ prior to the award of any construction co~,b'act or subco,,buctor construction m-,;,-ct pursuant to thIs Agreement, Itm Subreclplent ah;all provide a finel~d budget, which must Include a schedule of costa of completion, and ia schedule of cormtrucfion completion, which must include a detailed schedule for the various as- pects of cormtrucfion for Improvements to the Fields, which document(e) will then be substilzd~ for the then ex4stJng Exhibit A and become Exhibit A of thIs Agreement for ell purposes under this Agreement. 1.4 ~m of Flrlallznd Budget and Cofmtmcflon Schedule(a). The finer[zed budget must include line4tmT1 coats for each item ,=;erenced in eubeection 1.1 of this Agreement. The finalized budget must provide a al=Jailed pree~,;-Gon of projected resources and expenses. The finalized cor~uctJon schedule for Improvements must reflect the anticipated timeline for trw completion of construction for each of the Im- proveme,[= set out in subsection 1.1 of thIs Agreement, including, but not limited fo, dates for the retention of a registered architect or licensed profMsional ertglneer, corn- p~dJon of Plans, cornple'dofl of conditions precedent to construction, commencement of corh~b-ucUon, completion of constTUCtion phases, and final completion of the Improve- 1.5 Reqm for Payment. (A) All requests for payment made pursuant to this Agreement must be eubrnilted to NSD. (B) Progrese payments for the Improverne,-,~ will be mede baeed upon the finalized budget and cona;~ dctk:m schedule end the eubmlttal and approval of epproprlale documentation of the work completed, including, wiffKx~ flmitetion, fully itemized American IrmGLm of Architecta ('AJA') forms. (C) No progmaa payrnant~ will be made without certlficetion by the registm~l amhitect or liceneed professional engineer b'mt the phase to which the payment appllea has been substantially completed nor will any progress paymertt be made ~out an ~nspection by NSD and the City's Developrn~l Services I:)eparlment and ap- proval by both deparlme,,~- that the work has beon compWasd. (D) The Director may require that the Submcipie~ provide a dorm date waiver and a subordination of mechanic's lien ctairns prior to any payment. (E) A]I payment~ will be edju~:l according to the actual construction con and matching funds requirement, if any, and in no event may any payment exceed the of property, will be prc,~'a~:l to reflect the Subractple~s sham of costa as per the approved flnalrzed budget. 1.6 Approval of Flrmllzed Budget and Conetruc~on Schedule(a). C,o~~ of Improvements to the Flekh~ may not commence prior to the City'e approval of the final- ized budget and construction schedule required under subsection 1.4 of this Agree. merit. The City will not mimburae any conabucfion coats incurred by the Subrecipient pnor to the approval of the finalized budget and construclJon schedule(s), except for professional services. 1.7 Periodic Performance~ Reporl~. The Subrecipient shall subrnlt periodic perfor- mance recmrts to the City that recite progress for the period and advising of any prob- lems encountered. A performance report must be provided with each requast for pay- merit SECTION 2. RECORDK~NG, UNIFORM ADIIINISTRATIVE REQUIREMENT8 AND OTHER PROGRAII REQUIREMEN'rS. 2.1 Con~tracflm~ and Operations Records. The Submcipient shal p~ ~ ~ all o~inal ~, ~, a~ a~ in~, ~ lim~, all ~~ ~d a~b ~ ~ f~; ~; ~ a~ ~1 ~a; ~k ~s; pa~ a~ ~~ ~r ~ F~Ms; pla~ ~1[~ and d~ pum~ ~ ~b ~~ ~an~ ~; ~,ba~ ~n ~ Sub~p~ a~ ~ ~~a), ~ ~~a) a~ ~r ~m~o~s), ~ ~n ~ Su~~ and ~ ~ m~ a~s) ~ I~n~ prof~nal e~in~s); ~mun~ a~ ~ ~ ~ ~a~ ~ a~ ~ and su~.ba~ ~ining ~ ~b ~m~ ~ da~ e~ pumuaN ~ ~b ~~; d~~n ~ d~ ~ ~ by ~e F~ (i.e., numar ~ ~ns ~lng ~, ~.) a~ ~ ~ ~1~ ~ o~ in ~ F~a ~ ~ina ~ ~ ~bd~ or ~a~ ~ F~a; ~ ~1 w~=n ~l~s pumua~ ~ ~ ~~ in~i~, ~ n~ lim~ ~, ~1 i~ fi~ ~ m~l~ ~a ~ui~ u~r ~b ~~t, ~ aw, during ~u~r b~ h~m ~r aw ~ ~ C~, ~ Un~ ~ ~b~ ~ Ho~ing ~ U~n ~~ ("HU~, or ~ ~ ~u~ a~ a~ m~. 2.2 Equal Participation Documef~mUon. The Subraciplent shall keep and provide ac- cess to records documenting compliance with Sec~on 109 of the Housing and Commu- nib/Development Act of 1974 [42 United S',-~ Code ('U.8.C.') ~5309], as amended, which requires that no pemon shall, on the ground of race, cok)r, national origin, reli- gion. or sex, be excluded from participation in, be denied the benefits of, or be sub- jected to discrimination under any program or activity funded in whole or In part with community development funds made ava,able pursuant to the Act. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, aa amended, or with respect to an othemase qualified disabled Individual, aa provkJed In 29 U S C. §794, aa amended, also applies to this Agreement. 2.3 Information and Repot're. The Subrectpient shall provide any Information, reports, data, and forms pertlnant to this Agreemerrt aa the Director or staff of NSD may, from time to time, request for the proper administration of this AgreenmnL 2.4 OMB Clrculam A-122, A-133, and A-110. ~ Subrecipierff shall comply wtth requiremei-,b~ and Biandards of United States Office of Management and Budget (~OMB') Cimulam A-110, A-122, and A-133, as each may be amended. 2.6 Compliance Documentation. The Subreclplent shall keep and provide access to records documenting compliance with the rules and regulations contained In '['lfle 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, Employme~ and ConbuclJng Opportunities; 570.608, lead-Baaed Paint; 570.609, Use of Debarred, Suspended, or Ineligible Co.buctors or Subrecipients; 570.610, Uniform Admlnl~,.,iJve Requirements and Coat Principles; and 570.811, Conflict of Interest. If there is a ~ flict of interest wltt~ any employee, agent, cormultant, officer, or member of Ute Board of Direc~rs of the Subrecipient, rite perao~ with the confl~ and the nature of the conflict must be identified, by name and flue, and submitted to the Director of NSD prior to any costs being inmJrred at, in, or on the Fields with respect to construc~on of the Improv~ me.i~. 2.6 Equal Empioyn~nt Opportunity. The Subreclpie~t shall comply with all appli- cable Federal Equal Employment Opportunity regulations, including, but not limited to, Executive Order 11246, as amended, and Section 3 ofthe Housing and Urban Develop- rnem Act of 1968 as set forth in 24 CFR 570.607, aa amended, and shall require compli- ance with the ,.;urementioned laws and regulations in all corrtracts Ute Subreciplent enters into wtth respect to construction of the Improvements. 2.7 Requaet for BldeiPropoeala. The Subreciplent shall comply wtth requirements of OMB Clrcuiar A-110, aa amended, and all State and local procurmTmnt requirements with regard to solicitation of bids and proposals for construction of tim Improverrmr~ to the Fields, if applicable, and shall provide such records to mpraaentaflvaa of HUD, the City Manager, and the Director upon request. 2.8 Real Property Acquisition. The Subrecipient shall comply with requirements of 49 CFR Part 24, Subpart B, as amended, and all S~tab~ and local acquisition requlre- merrts with regard to acquisi'don of property, if applicable, and shall provlcle such records to repraae~q[u[ives of HUD, the City Manager, and the Director upon request. 2.9 Dt~abled and Handlcepped Accessibility. The Subrec~pient shall comply with the Americans with Disabilities Act of 1990, as amended, and with ttm rules and regu- la'dons published in 28 CFR Part 36, as amended, and all State and local requirements regarding disabled and handicapped accaaNbility. 2.10 Religious Organlzatlorm. The Subrecip~ shall comply with requirerne~,ia re- garding religious organizations, as set forth in 24 CFR 570.200(]), aa amended. 2.11 Vmlld and Binding I.ea.e. The Subreci~ient is required ~o keep and maintain valid lease In effect for the term of b~is Agreerrmnt, and for a pedod of o~e year following the expiration of ~ls Agreement or o~e year following the date of the last disbursement of CDBG funds under this Agreement, whichever is longer. SECTION 3. SUSPENSION AND TERMINAl'ION. 3.1 Application of 24 CFR 85.43. The City may auspend or terminate ~i, Agreement in acconJance with 24 CFR 85.43, a~ amended, if fire Subredplent matedally fall~ to comply w~ any term of the CDBG Program award or thla Agreement. 3.2 Application of 24 CFR 88.44. This Agreerrmnt may be termlna'md for convenience m accordance with 24 CFR 85.44, as amended. 3.3 R,:,~lle_- for Non-compliance. Pursuant to the provisionn cited in Section 3 of thru Agreement, to Federal rules and regula'dorm applicable to the Subredpient, and to HUD guidelines, if any deficiencies are discerned by or fftrough monitoring of l~ls Agreement, tf~e City may either ternpomdly withhold cash paymer~ pending correction of the deficiencies, disallow all or part of lfle cost of the activity or ac~on not in cempli- ance, whotly or partly suspend or terminate the current ~ward. w~ho~l furltmr aw~rcls, or take any ~ remedies ~ may be legally available. 3.4 Termination Notice. Either party may t~,.Inal~ fl'Ii8 Agreernetlt, during the term of b~la Agreement, as of ~e ~ day of any monfl~ upon b~irty (30) day~ prior written no- rice. The party terminating this Agreement must comply wffh subsections 3.1 and 3.2 of this Agreement and all other provtNorm of ~ls Agreement providing resgx)rmlbllltlee In the event of termination. 3.~ Te~mlnation. Upon a terminaldon of ~is Agreement, the Submdplent agrees to ~e;-und to the City all CDBG Program funds expended on construction of the Fields and Improvemen'm. Ifthe Submcipient cannot refund all such rnoney within lhiffy (30) day~ of the termination notice, the City may take whatever action la neceaaary t~ relmbume the City as set out in 24 CFR 85.43 and 85.44, as each may be amended. Notwith- standing this provision, the Reversion of CDBG Funds provision, set out In Section 4 of this Agreement, also applies to tyro Subredplent'8 CDBG Program funds on hand, ac- cou,,~ receivable, and real property under the Subeedpient's controi. SECTION 4. REVERSION OF CDBG FUNDS. 4.1 ~ and Impmvemen'm ~ to Meet National ObJeclJve and Same Bu~lne~ Purpoee. The Subreciplent'a Fields and all Improvernen~ must be used to meet one of the national objectives set forth in 24 CFR 570.208, as amended, during the term of fftis Agreement and for one year following the da~e of final ¢omple~lon of the construct]on of m Improveme.~ or one year following t~e date of the last dlatmme- merit of CDBG funds under this Agreement, whichever Is longer. In addition, the Subre- cipient shall use fl'm F'm~ds and all Improverne.~ for the same bualnesa purpose as that which existed on the date of lyre Subredplenrs execution of this Agreement for a period of five (5) years following the da~e of final completion of ~ construction of lhe Improv~ mer~ or following the date of the last diaburaen'm~ of CDBG funda under fftia Agree- ment, whichever is longer. 4.2 ~ and Improvernen~ Not ~ to I&set National ObJecthm and ~rne Bu~lnee~ Purpoee. In the event that the Subreciplant's Fields or any Improvements are not used to meet one of the national objectives or the seme bualnaa~ pflrpoee for the leng~ of time specified in subsection 4.1 of this Agreement, the~ the Submctplant shall mimbume the City for the CDBG funds received by the Submciplent aa fo~low~: (Al Failure to meet national objective: The Subreclpient must reimburse the tol~l award of CDBG funds received under this Agreement. (B) Failure to use Fields or any Improvements for same btmineaa purpose: Prorated reimbumement as a factional amount, Em numeiak~r being the nt~nber of months that the Subrecipient's Fields or any Improvements felled to be used for the same business purpose aa lhat which existed on the date of the Subrecipient'a execu'don of this Agreement and the denominator being 60, multiplied by the total amount of CDBG funds received by the Subrectpient under this Agmernent. 4.3 No Election of Remedies. Resort, by the City, to a remedy under subsection 4.2 of this Agreement. or snorer 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 I. PROGRAM INCOME. 6.1 Di~lx~lt]on of Program Income. Program income received by the Submctplent as a result of this Agmecnent, if any, may be retained by the Subreciplent. Any such program income must be used to operate public fecllitles to pmvld® sendce~ to Iow and moderate income individuals and individuals with diseblll'daa within rite City of Corpu~ Chdsti and throughout the community served by the Subreciplerrt in conformity with 24 CFR 570.208, as amended. The Subrecipient shall report program Income to the City annually, dudng the term of this Agreement, not later than August 31 for the previous year ending July 31. 5.2 Accounting for Program Income. The Subredpierff shall comply with OMB Circular A-110, as amended, with re;erence to program income, if applicable. SECTION a. INSURANCE AND INDEMNITY PROVISIONS. 6.1 Insurance. The Subrecipieat shell have In force, throughout the term of this Agree- ment, insurance that complies with the stendard8 in Exhibit B, a copy of which is at- tached to this Agreement and is incorporated in thi~ Agreement by ru;~3ce. A c~tJfi- cate to that uT, uct must be provided to the City'm Ri~k Manager ('RJ~k Manager') and the D~ector at least ten (10) days prior to any construc'don. Failure to mainfeln any of the types and limits of the Insurance required by Exhibit B ia cause for the City to tarml- hate this Agreement and cancel any and all relmbursement~ of CDGB funds to the Sub- 6.2 Notice to City. The Subrecipie~t ~all require its insurance companies, polices, and certificates of Insurance to provide that the City must be given thirty (30) days advance notice by the Insurer prior to cancellation, nonrenawal, or material change of the insurance policies required by Exhibit B. Failure to mai~l~in such Insurance will be ceus~ for the City to take control of Ute Fields and all Improvemem, c~ncel ~ claim that the Subrecipient may have to the use of the Fields and Improvements, and cancel any and all reimbursements of CDBG funds to fl'm Subrecipient. 6.3 RJght to Re-evalu~lon and Adjust Uml'm. The Risk Manager retains fl'm right to m-evaluate the insurance requirements during b~e term of b~ts Agreement and adjust the types and limits of such insurance upon fl~irty (30) days ~ notice to Itm Subre- cil:,ent Insurance types and limits may not be adjusted more frequently fl~an once per year 6.4 Indemnification. (A) The Subreciplent covenants and agrees that it will indemntfy and fecte) to the extent any such damage or Injury may be Incidsnt to, or In part, by an act or omission, negligence, or misconduct on the or implied inviMdon or permission of the SubreciplM?/t, or on the part of the Subreciplent or any of its agents, servants, employees, conttactom, pabons, guests, IicMmees, or Invttoes entering upon the Fields being Improved or used pursuant to ~his Agreenmnt, or when any such Injury or dsrnege Is the result, proxi~ or re- mote, wholly or in part, of f~m viola#on by IndemnJlees, #m Subre- ciplent or any of its agents, servants, employees, cotWactom, patrons, guests, licensees, or invftees of any law, orMnence, or governmental order of any kind, or when any such Injury or dam- age may In any other way arise from or out of the Improvements being constructed at the Fields or out of the use or occupancy of the Improvements to the FISlds or the Fields Itself by Indemni- tees, the Subreciplent, or any of Its agents, servants, employees, contractors, patrons, guests, licensees, or i~ and including, without limitation, any damages or costs which may occur es a result of the design of the Improvements to the Fields, the bid-ding process, actual construction of the Improvements to the Fa-cillty, adminMtmdon of the construc~m co,Ih.cra by the City or Its designee, failure of the ImprovemMrts to the Fields prior to the completion and acceptance of the Improvements by the City and the Subreciplent Joindy, failure of the Improvements to the Fietds to work as designed, failure of any contractor, subcontractor, or manufacturer to honor its warranties, or failure of t~e Subreciplent to mMntMn the Improvenmr~ to the Fletds or tim Fields Itself. (B) ~ ~ of indemnifl~ are effective upon the date of exe- cution of this Agreement and ~ such Injury or damage nmy current negligence of IndemnlMes, but not if such damage or In- jury may result from the gross negligence or willful misconduct of Indemnltees. (c) The Subreciplent covenants and agrees that, In case the Ctly Is made a party to any litigation against the Subreciplent or in any litigation commenced by any party other tJmn the Subreclplent relating to ~his Agreement and the Improvemm~ to the Fields corri~nplated under this Aw~.,,~.~t, the Subreciplent shall, upon receipt of reportable nodce and it it~ own expense, Investigate all don, defend the City in all actions based tJmreon wtth legal coun- sausf ory to um C ty Attomey, and of tomeys and ~il ot~r costs and expenses of any kind whatsoever arising from any Md cMirrm, demands, acdorm, danmges, losses, (D) The provfs/orm of ~hls secdJon survive the termi~ or expi~ SECTION 7. SUBRECIPJENT'S REQUIREMENTS. 7.1 Pmcontr~ctlng .nd Precon~tructlon Conference. The Submcipient has atten- cled a precontra~ng co.;,rence w~th City represe,¥,.;;ves. The Subreclplent ,=nd all of with City representatives. Failure to do so may result in the Subreciplent being Ineligible to receive lhe CDBG funds awarded and allocated to the Subreciplent under t~M AGree- mGnt 7.2 Pledged Contribution. The Subreciplent shall provide any additional funds needed for the completion of the Improvements. The Subreciplent shall provide cam celed checks o~ other proof as may be required by the Director as proof of the co.[,;- bu'don. 7.3 Ih'spare Plm~ and Specification. The Subrecipient shall ,=;-;n a reglstmmJ architect o~ licensed professional engineer In accordance with OMB Circular A-110, as amended, to prepare the P~ans and to inspect all Improvements to eesum cordormlty with final plans and specifications submitted to the Director. 7.4 Profe~lonal 8e~'lce~. The Subrecipient shall retain professional ae~icea and al necessary co~bm for cormtructlon of the Improvements In accordance with OMB Circular A-110, as amended, and construct Improverner~ to flhe Fields In accordance wit~ fi~al plans and specifications and flhe schedule submitted to NSD aa set out in sub- sectio~ I 1 and 1.3 of thia Agreement. The Board of Directors of the Submclple~t shall ensure that professional services, relating to the construction of the Improvemen'm, am retalrl~d and nat the construction of ~ Improveme.~ is supe~iaed. 7.5 Change Order Procedure. A change order procedure must be Instituted Io make changes ,n rite Plans or specifl~s or to decrease or increase the quantity of work to be performed or ma~erials, equipment, or supplies to be fumiahed for the Improvernenta to the Fields. The Subrecipler~t shall submit all change orders to rite Director for ap- proval prior to the change order becoming eff~'flve. A~y money e~ by Subrectp- ient pursuant to a change oeder and prior to submEtal and approval of such change order la not reimbursable, and the Submcipient shall bear ali such coats. 7.6 Staff and Admlnletmtlve SUlN3O~. The Subreciplent shall provtde sufficient staff and administrative support to supervise the consl]'uction of the Improvemeffm to the F,ek:ls. 7.7 U~e of Fund~. The Submciplent covenants that all CDBG funds expertded under this Agreement will be used solely for the activities descri3ed In this Agmemerfc The Subrecipient shall reimburse the City for all funds expended for ac'dvttlee not misted to the purpose and a~Mties described in this Agreement or flhat violate Federal or S[aE= 7.8 Accounting and Audit The Subreciplent shall record financial trarmactlons ac- cording to approved accounting procedures and provide an independent audit of the expenditures in accordance with OMB CirmJlar A-133, as amended. Such audit must be completed wtthin ninety (90) days after the Improvements to the Fields were corn- pier, cl. A copy of the audit must be provided to the City wt~in thirty (30) days of com- pletion of the audit, ff the audit shows discrepancies between amounts charged the SubmcJplent and an'KxJnt~ reimbursed to flhe Subrecipient by the City, a rea~utlon of bhe discrepancies must be made within sixty (60) days from receipt of fl~e audit by the City If ~e Subreciple~t owes the City money in resolution of the discrepanctee, the money must be paid within ninety (g0) days from receipt of the audit by rite City o~ the Subreclpient ia in default pumuant to this Agreement. 7.9 Compbtlon I~1~ of Construction. The Submctpient shall complete conslmcl3bn of the Improvements to the Fields in accordance with ~ approved Plans and Specifi- cations by July 31, 2006. If fl~e Subrecipient is rendered unable to carry out the temm of this subsection, the Subrecipient shall promptly give the City vwitt~ notice of such delay together with reasonable partic~Jlara concemlng it. The Director may ex, nd the const~ucaon time schedule for such time aa may be deemed necessary and justified, provided, however, that the extenaio~ of the constmcl~on time sct-~eduie does not exceed the term of this Agreemerrt. (An exter~ion of t)he term ia addressed In Sec- t~on 9.) SECTION 8. CITY'S REQUIREMENTS. 8.1 Commtttment of Funding for Improvl:,~a:dm of FlekJ~. The City shall provide the Subrecipie~t up to Eighty-seven 'l'houmand Doliam ($87,000) from the City's FY2004-05 CDBG Program for Improvemen'm to the Fields aa deecri:~d In Secl~on 1 of this Agreement and in accordance with the accepted bid, budget, end comtmctbn schedules made a part of this Agreement, subject to the Subrecipient's compliance with 8.2 Additional Fund~. Nothing in this Agreement may be construed a~ mquk'lng the City to provide additional construction funds to the Subreciplent at any time In the futura. SECTION 9. GENERAL PROVIIONS. 9.1 Te~m. Th is Ag reement term lnates July31, 2006. Extm~iorm to the tmm of this Agreement may be reque~ud in writing by the Subreciptent and approved by the City Manager. However, the Subrecipient is bound by all cove~a.~, terms, and condl'don~ of thi~ Agreement including, wi~out limitation, recordkeeping, for a period of slx (6) years commencing on the d-k~ of the Subreclpient's execution of this Agreement, unlmm a specific bound period is shorter or longer as may be stated In this Agreement. 9.2 Objective. The Submcipient shell ope,-a~ the Fields and the Improvements to further the primary objective of the Housing & Cornmunlty Development Act a~ outlined ,n 24 CFR 570.200 ~ 570.208, as each may be amended, end will Improve the Factl- rty by January 15, 2006, and provide programs to help Iow and mode~ui~ income indl- viduais and individueis with disablllbes improve the quality of their lives and reach thek' maximum potential for independence and at all tk~ea in accordance with HUD's Com- munity Development Block Grant regula'dorm and guidelines end all local, State, and Federal requimme~,~a and law~. 9.3 Ucermlng. The Subrecipient shall ob~in and maintain any cerb'flcab~ and licen- ses that am required of the Subrecipient, the Fields, and the progranm offered at, o~, or ~n the Fb~ls by the United States, the State of Texas, the City, and any oiler ~ni hav~ ~u~ juri~i~n over the F~ and the Sub~pia~ 9.4 Maintenance. The Subrecipient N'tall fumish all mei.kmance to the F'iaidm And Improvemen~ as necessary to maintain rite F~tcls and Improvern~,ia in good repair. 9.6 DefaulL In the event the Subreciplent ceases to operate the Fields 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 de~mnd mknbumement of the CDBG funds paid to the Submciplent and, in ltm event the City Is not promp'dy repaid, to take possession of the Fmldm and all Improvemer~ without recmJrse end to di~coee of such Field~ and Improveme.~ in any manner tim City deems nm:essary to reimburse the City. 9.6 No Liability. In no event ia the City liable for any contmc'm made by or entered into by the Subrecipiant with any other person, par'memhip, association, firm, corporation, or govemmental entity. (A) AJI notices, demands, requests, or replies provided for or permitted under this Agreement, by either party must be In wrilJng and mum be delivered by one of the following rnethcx~: (1) by pemonal delivery;, (2) by depeeJt with the Unltad prepaid; (3) by prepaid telegram; (4) by depceit with an overnight exprmm delivery service, for which ~ervice hes been prepaid; or (5) by fax tmnarniesion. (B) Notice depo~it~ with the United States Pc~i Service in the manner ciescri~ed above will be deemed effective two (2) buslrmss days after deposit ~ the United States Postal Service. Notice by telegram or ovemight express delive~ service will be deemed effective one (1) bu~nese day after tmnm'niaalon to the tolegraph com- pany or ovemight expeess carrier. Notice by fax transmission will be deemed effec- tive upon tmnsmisaiort, with proof of confirmed delivery. (C) AJI such communications must only be made to the following: If to the City: If to ttm Subr~i~ient: City of Corpu~ Christi Attn Director, Neighborhood Serva. Dept. P. O. Box 9277 Corpus Christi, Texas 78469-9277 (381) 828-3010 Office (381) 826-3011 Fax C. C. Police Athletic League Attn: Execu'dve ~ P. O. Box 9572 Corpus Christi, Texas 78489-9572 (38~) 8ee-2eee Offk~ (381) 888-2599 Fax (D) Either party may change the address to which notice Is sent by using a methad set out above. The Subrecipient shall nolJfy the City of an address change within 10 working days after the address Is changed. 9.8 Nonmlgnment. The Subrectpiem may not assign, mortgage, pledge, or 'a'anaf~ thi~ Agreement or any interest in the Fields or Improvement~ without the prior consent of the City. 9.9 Nonemdu~ive 8ervlcea. Nothing in this Agreement may be con.re, mci aa prohibi- ting the Subrecipient fTom entering into co.b~[a wffh mJdltk:~l ~ for the perfor- mance of services simiar or identical to those e~urnera'md In this Agreement, taxi no- ·ing in this Agreement mm/be construed as prohibiting the Submdpient from receiving compensation from such additional COHhaCtUal pal'b~el~, provided that all other terms of this Agreement ars 9.10 Breach of Agreement. Notwithstanding any other provisions of this Agreement, should the Subrectpiertt 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 3.3 of this Agreement and any other applicable mubeections. If repayment i~ required as a remedy, other remedies may be pursued, as deemed necessary by rite City Manager, if repayment ia not made. The City ia entYded to mesonable attomey~ fee~ in any court action arising out of this Agreement. 9.11 Modifications. Modifications to this Agreement are not effeclJve unless ~gned by a duly authorized ref~rese.;-i~'e of each of the parties to this Agreement. Modifications which do not change lhe essential scope and purpoee of this Agreement may be ap- proved on behalf of the City by the City Manager. 9.12 Validity. If, for any r~on any section, paragraph, subdivision, claues, phrase, word. or provision of this Agreement is held Invalid or unco~al by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, ~ clivis;on, clause, phrase, word, or provi~on of this Agnmment, for it is the doflnlte Intent of the parlJes to this Agreement that every section, paragraph, subdivision, ciause, phrase, word, and provision of this Agreement be given full force and effect for Its pur- pose 9.13 Jurisdiction and Venue. The laws of fl'~e ~e of Texas govern and am apflll- cable to any dispute ar~ing under this Agreement. Venue is in Corpus Chri~l, Nueces County, Texas, where this Agreement was entered into and must be performed. 9.14 INarranty from Co,a[,actor. Upon the Subrecipient's receipt of a copy of the Archi'mcr/Engineer's certificate of substantial completion, the Submctplent shall only look to the archJ'eects, engineers, co.buctors, subcontractors, manufacturers, and their res~ warranties to remedy any defects In design, workmanship, or materlais, and the Subrecipient covenants and agrees that the City has no responsibility for any de- fects of any kind or nature wha{z~)ever, eve~ if it is alleged such defect is due to the C~y's negligence. The City must be a third party beneficiary to the Subreciplent'8 co~a,~= affecting the Improvements, and all warranties and dulls under ~ch ~ tna, Y~ must be in favor of the Subrecipient and the City. 9.16 Cofltee of Ruin and Regui~lor~. Co~ies of ~ ~ F~I m~ a~ ~u~s ~m~ in ~b ~~ h~ ~ p~ ~ ~ S~~ ~ ~ p~-,bu~ ~~ ~ ~~ ~ ~ Sub~p~s CDGB ~~ A~, ~ is ~ to ~ ~~ ~ ~1~ C a~ I~ In ~b ~~ ~ r~. ~ ~ilum, ~ ~ C~, ~ su~ ~ Su~~ ~ a~ ~r F~I m~ ~ ~ul~o~ ~ mw ~ ap~b~ ~ ~ Sub~ ~ Fi~s, ~ Imp~~, CDBG ~lng, ~ ~ ~p~ ~ F~I ~ ~ n~ ~ t~ Sub~s ~ui~ ~ia~ In ~n~ ~ F~ ~. 9.16 Ack~ow~dgme~t of Funding Source. The Subrecipient shall give credit to the CDBG Program as the project funding source in all presentalJons, w¥;'u=n doctJmer~, publicity, and advertisements regarding the Improvement. The Subredplent agree~ to acknowledge the sponsorship of the City of Corpus Christi at any event promoting ~ project or any other pro, ct sponsor. (EXECU'nON PAGES FOLJ_OW) Executed in duplicate originals this -- day of '...(. ~'-''1 '*'''~' ,2005. ATt'EST: City Secre~ry CITY OF CORPUS CHRJ8TI City Manager .Appcoved aa to form.only: ,JuN 21, 2005 As,e, ant c.y Attorney (' / for the City Attorney ACKNOWt. EDQMENT STATE OF '[T=XA8 ~ KNOW ALL BY THESE PRESENTS: COUNTY OF NUECE8 ,,,% by ~ K. Noe, City Manager of ~ City of Corpus Christi, a ~ home-ru municipal corporation, on behalf of the corpora'don. Public, State of Tex~ SUBRECIPIENT: CORPUS CHRISTI POLICE ATHLETIC LEAGUE I ~ ~ ~ .~ / . Pdnt~l rmme ACKNOW~ ;:nGMENT STATE OF ~ J COUNTY OF NUECE$ ~ _This In~i:~Jment was acknow~dged b=,um me on ,~-~-~[ ,.-Z, .2005, by ~_'.~ ~,, ~,, ~. ~{'~%~ ~, ~ . the President of'the Corpu~ Christi Police Athletic League. a Texas nortpiu~;, corporal;on, o~ behalf of the corporation. Notary Public. S;.-;.- of Texas EXHIBIT A T.C. Ayem Spor'm Lighting Project Prellmlnlry Cortltructlon Budnlt Cons'~uctlon Consb'uctlon Contingency Subk)tal $ 63,273 6.~7 $ ee,6oo Ot~er Costs: Design (8%) Topographic Survey (3.5%) I 254,.~6 Contract Adminls~a[ion (3%) $ 2 088 Engineering Services (3.5%) $ 2 436 Co~ebdctlon Inspection (3.5%) $ 2 436 Testing (Geotech & Quality) (2%) $ 1 392 Bond Issuance (1%) $ 696 Misc. (Printing, Adv, etc) (0.5%) $ 348 Subtotal $14,400 $ 87,000 Funds Available for oroject FY04 CDBG Funds Available $ 87,000 Preliminary Cormtruction 8~h~lule JuyAugust 2005 September 2005 December 2005 Design completed Con~l~'uotlon begin Consfl'u~ complete EXHIBIT B INSURANCE REr~UII~FMENT8 Subre~Dient'~ liability Insurance Submcipient must not commence work under this agreement al In~Jrance required heroin has been ob'mined end ~uch insurance has been approved by the City. Submctplent must not allow any subcontractor to commence work until all similar insurance required of rite aubcon'eaclz~ has been c~ined. B. Subrecipient must furnish to bhe City's Risk Manage', 2 copies of CerUflcatee of Insurance, showing the following minimum coverage by insurance company(s) eccoplable to the ~ Risk Manager. The City must be named as an additional Insured for all liability policies, and a blenket waiver of subrogation on all applicable policies. ~ ~ ~ I~mlnation rand 10 ~ wfllten ndlcl of cancei~lon for non.payment M pmmlm~ ia required oe all ce~Uflc~a~ M~IIMUM B~I~IJRANCE ~ Bodily Injury and Pmf)efty Dmmaee COMMERC~N. GENERAL LIABILITY Including: 1 2 3. 4. 5 6 7 Commercial Form Premium - Opemtlorm Produc~ CompM~___ Operaflorm Hazard Bro~d Form Property D~ Peri. at InJur~ Sl ,000,000 Combkl~l ~le I kT1R FIRE taxi EXTENDED COVERAGE BUILDERS RISK INSURANCE 1. M R~ of Pflyaical LoeB: mctudlng collapse and t~an~t coverage At a minimum, amount ~ to cover the C~ t~ be narned M Io~ pe~e u~g mrKta~l Im~ Full value ~ ~ ~~ ~ ~ CD~ Fun~ ~ ~iZ_,_B:,.~ ~ im~ C In the event of acciden~ of any kind, Subrecipient must fumJsh fl'm Risk Manager wi~ coplee of all reports of such accidents w;thin 10 days of the accident. Con~'nm'~ty ~ Bkx:k Grant Program Sul~:il~nt Agreeme~ Ir~ req. ~ ~m II. ADOmONAL REQUIREMENTS A. Cerffilcete of Insurance: The City of Corpu~ Chri~'d m[mt be named aa an additional Irmumd o~ the Ilablay coverage, and a blanket waiver of sut3rog~on on all appllceble polldea. The City of Corpu~ Christi must be named as loss payee uaing a standard payee clause on fl'm Fire and Extended Coverage coverage. If your insurance company uses the standard ACORD form, the ~1~ ~I ~ (bottom right) murat be annealed by adding the wording "changed or' bebveen 'be" and "canceled", and deleting the words, "endeavor to", and deletlng the worcBng eltm~ The nIme of Ibe project must be listed under "Description of Opmaflona" Ata minimum, a 30-dIy wrltlmn rmtlce of cancellalk)n, ~, malaiml dmnge or termination and a lO-day w,~t~un notice of cancellation for no~payme~t of premium is required If the CefElicate of Insurance on its face does not show on its face the/~ of the coverage required by items 1.B (1)-(7), an aulJ~orized repmaen;-Gve of the insurance company must inc. Judea letter specifically ~[ing wbeitmr items 1 .B. (1)-7) ara included or excluded. END 07-23-04 ap Rlmk EXHIBIT C CDBG COMPLIANCE AFFIDAVIT STATE OF TEXAS COUNTY OF NUECES Da~, ,'~ 2/' "; ~ Affiant: 'Community Development Block Grant Subrectpidnt Affiant. on o~i;,, swears the following atatement~ are tree: (t de) · a Texas nonprofit OMB Circular A-110 OMB Circular A-122 OMB Circular A-133 24 CFR Part 84 24 CFR 85.43 and 85.44 24 CFR 570.200, 500, and 600 et_ seq. 49 CFR Part 24, 24.101-24.104 SWORN TO AND SUBSCRIBED before me the 2 2 day of -~,-~ ~ ~ca~~.~l~:~7 Pubnc. S~tu[e of Texas By execution of this affidavit, I attest that I have received the aboveAisted Federal rules and regulations, City staff has explained the rules and regulations, and I understand Subrecipient's obligations of performance under the mlas and regulations. Further- mom I acknowledge that there may be additional Federal rules and regulalJons, beyond the rules and regulations listed above,to which the Subrecipient may be subject to and with which the Subrecipient must co~ply, in accordance with Federal _1~. By ~? ~ ~ corporation, which has applied for and been awarded Community D~,.eipp~ Block Grant ('CDBG') Program funds admlni~i~,md by tha City of Corpua Christi ('Cit~). Prior to the .iart of the project for which CDBG funds have been awarded, as the repreaerCua- rive of the above-named subrecipient organization ('Subrectplent'), I met w~th CRy staff and received copies of the following Federal rules and regulations: