HomeMy WebLinkAboutC2005-740 - 10/18/2005 - Approved
CDBG SUBRECIPIENT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
SENIOR HOUSING ASSISTANCE OF NUECES COUNTY, INC.
THE STATE OF TEXAS 9
9
COUNTY OF NUECES 9
KNOW ALL BY THESE PRESENTS:
This agreement (Agreement") IS made and entered into between the City of Corpus
Chr:sti a Texas home-rule municipal corporation ("City"), acting through its City
Manager or the City Manager's designee ("City Manager"), and Senior Housing
Assistance of Nueces County I nc !'Subrecipient"), a nonprofit corporation organized
under the laws of ~he State of Texas
WHEREAS, the City has allocated One Hundred Thirty-two Thousand Eight Hundred
N1n(3ty-elght Dollars ($1 32,898) from the FY2005-06 Community Development Block
Grant (CDBG' Program for construction of Improvements to a facility located at 1758
Delgado Street Corpus Christi, Nueces County, Texas. 78416, such facility being
owned by the Subreclplent ('Facility' )
WHEREAS, the City deSires that safe and sanitary public facilities be provided for low
and moderate income wdivldua!s and Individuals with disabilities:
WHEREAS, the Subrec1pient deSires to operate public facilities to provide such services
tc low and moderate Income Inolviduals and individuals with disabilities within the City of
Corpus Christi and throughout the community served by the Subrecipient in conformity
Witt-' 24 CFR 570 208 as amended and
WHEREAS, the City wishes to encourage the services provided by the Subrecipient
and therE' being a genuine neec for these services and for appropriate facilities to
provide such services In the Cit,! of Corpus Christl:
NOW, THEREFORE thi? City and the Subreciplent agree as follows:
SECTION 1. SCOPE, BUDGET, SCHEDULE, AND PAYMENT REQUIREMENTS.
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 FY2005-06,
such proposal being Incorporated Into this Agreement by reference as if fully set out in
thiS Agreement The Subreclpient. through its contractors and subcontractors, shall
make Improvements to Nit Installation of secunty fence, resurface driveways, and
rehabilitate sidewalks, aT the Facility by May 31 2007 ("Improvements"). The
I nprovements wll! be loe'ated or real property owned by the Subrecipient and located at
1 :::;:::( n,,,1 ":)rln C::.rr.,"". r-'rpus Chnstl, Nueces County, Texas For the purposes of this
2005- 740 cility'" collectively includes the aforementioned real property and
10/1 ~/05 fig thereon as of the date of the Subrecipient's execution of this
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SenIOr Hnusing \sslstanc{>
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Page 1 of 15
.A.greement and Includes where appropriate and In context, the proposed Improvements
to je constructed with tre fundlrg provided under this Agreement. All Improvements
mus~ be constructed In a::;cordarce with the plans and specifications ("Plans") prepared
by tt-'e Suoreclplent s registered architect or licensed profeSSional engineer retained
pUfsuart TO subsection - 3 No :::onstruction may commence until the Plans are
a~proved by the Aijmlnlstrator or the Administrators designee ("Administrator") of the
City s c.ommunlty Development DivISion ("COD") and by the City's Development
Ser'jlces Department ("Development Services':
1.2 Subrecipient Matching Funds Requirement. The Subrecipient shall provide Zero
Dollars ($0 00) In match ng fundS for the construction of Improvements to the Facility. If
Subreclplent IS reqUired under H1IS Agreement to meet a matching funds requirement
and fails to meet any portion of the requirement. the Subreclpient's allocation will not be
disbursed but is automatically forfeited and reverts to the City for inclusion in future
CDBG Programs
1 3 Budget and Construction Schedule. The Subrecipient has provided an esti-
mated project budget and project construction schedule ("Project Budget and Con-
truction Schedule") based upon the proposed Improvements listed above and as are
described within thiS Agreement. which Project Budget and Construction Schedule is at-
tached tc this Agreement as Exhibit A and is Incorporated Into this Agreement by
reference Ten days pr,or to the award of any construction contract or subcontractor
construction contract pl rsuant '0 th IS Agreement, the Subrecipient shall provide a
finalized budget. which must Indude a schedule of the detailed costs of construction,
anc a schedule of construction completion dates. which must Include a detailed
cClmpletlon schedule fo' the vanous aspects of construction for Improvements to the
Facility which document(s) will then be substituted for the then existing Exhibit A and
become Exhibit P of thl'3 Agreement for all purposes under this Agreement.
1.4 Contents of Finalized Budget and Construction Schedule(s). The finalized
budget must include line-item costs for each item referenced in subsection 1.1 of this
pgreement. The finalized budqet must provide a detailed presentation of projected
resources and expenses. The finalized construction schedule for Improvements must
refect the antiCipated t!mellne for the completion of construction stages for each of the
I'llprovements set out ifl subsection 1 1 of this Agreement Including, but not limited to,
dales for the retention jf a registered architect or licensed professional engineer, com-
~>ietior cf Plans..::ompletion of conditions precedent to construction, commencement of
J;lstructlon completlcn Of construction phases. and expected final completion date of
T'lE' Improvements
1.5 Requests for Payment.
6.. All requests for payment made pursuant to this Agreement must be submitted to
the Administrator
B 1 Progress payments for the Improvements will be made based upon the finalized
budget and construction schedule and the submittal and approval of appropriate
documentation of the work completed, including, without limitation, fully itemized
,A.merican Institute of Architects ("AlA") forms
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C No progress payments will De made without certification by the registered architect
Jr licensed professional engineer that the phase to which the payment applies has
Deer substantially cJmpleted nor will any progress payment be made without an
inspection bv staff CDO cmd Development Services and approval by the Admin~
istrator and Develo~ ment Services staff affirming that the work has been com-
pleted
iT The Administrator n\ay require that the Subreciplent provide a down date waiver
and ;-3 subordlnatior of mechaniC s lien claims prior to any payment.
(E All payments Will be adjusted according to the actual construction cost and the
matching funds reqlllremert. If any, and In no event may any payment exceed the
stated amount of th,s Agreement All requests for payments, excluding acquisition
of property Will be proratec to reflect the Subrecipient's share of costs as per the
approved finalized t)udget
1 6 Approval of Finalized Budget and Construction Schedule(s). Construction of
Ir-,provements to the Facility may not commence prior to the Administrator's approval of
tre finalized budget ana construction schedule required under subsection 1.4 of this
AI~reement The City w il not reimburse any construction costs incurred by the Subre-
clplent prior to the approval of t"le finalized budget and construe :.ion schedule(s), except
fer Jrofessional service" as ma y be allowed In the Administrators discretion.
17 Periodic Performances Reports. The Subreclpient shall submit periodic perfor-
ma'lce reports to the Administrator that recite progress for the period and advising of
an,! problems encountei'ed A oerformance report must be provided with each request
for payment
SECTION 2. RECORDKEEPING, UNIFORM ADMINISTRATIVE REQUIREMENTS
AND OTHER PROGRAM REQUIREMENTS.
2.1 Construction and Operations Records. The Subreclpient shall provide access to
ad origlral records, reports and audits including, without limitation, all agreements and
aporalsals for the Facility; inVOiceS, payment and payroll records; bank records; plans
and speCifications for the Facilities; Plans written and drawn pursuant to this Agree-
ment change orders, contracts between the Subrecipient and its contractor(s), between
Tltractor(si and their3ubcontractons), and between the Subrecipient and its regis-
Tered ar:::hitect(si or licensed profeSSional englneer(s): communications and correspon-
lence With regar,j to any contracts and subcontracts pertaining to this Agreement; affi-
1avits ex:ecuted pursuant to thiS Agreement documentation of clientele being benefited
the Facility (! E number of persons being served. etc) and the activity being carried
ut in tre Facility whlcr1 pertains to the construction or operation of the Facility; and all
!vntten obligatlor's pursuant to thiS Agreement. Including, but not limited to, all informa-
non on 'llatchlng funds required under thiS Agreement, if any. during regular business
curs for any purposes of the City the United States Department of Housing and Urban
)evelopment ('HUD"1 or botr tc conduct audits and monitoring.
2.2 Equal Participation Documentation. The Subreciplent shall keep and provide ac-
:ess to records documenting ;:ompliance with Section 109 of the Housing and Commu-
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nit" Development f\ct of 974 [42 United States Code ("U.S.C.") ~5309], as amended,
wI-' requires that no person sr'all on the ground of race, color, national origin, reli-
glcw or sex. be excludec: from participation In be denied the benefits of, or be sub-
Jected to Olscnmlnatlon Lflder ary program or activity funded in whole or in part with
conimurllty development funds Made available pursuant to the Act. Any prohibition
against discrimination or the basIs of age under the Age Discrimination Act of 1975, as
amended or With respeCT to an DtherWlse qualified disabled Individual, as provided in 29
use 8'94, as amende;j, also applies to thiS Agreement
2.3 Information and Reports. The Subreclpient shall provide any information, reports,
data and forms pertlnert to thiS Agreement as the Administrator or staff of COD may,
frcrT time to time request for the proper administration of thiS Agreement.
2.4 OMS Circulars A-110, A-122, and A-133. The Subreclpient shall comply with the
requirements and standards of United States Office of Management and Budget
('OMB'! C:lrculars A-11C A-122 and A-133 as each may be amended.
2.5 Compliance Documentation. The Subreclpient 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
Ilrnited to Subpart K, Sections E70 603, Labor Standards; 570607, Employment and
Contracting Opportunities; 570608. Lead-Based Paint; 570609, Use of Debarred,
Suspended or Ineligible Contractors or Subrecipients; 570.610, Uniform Administrative
Reouirements anc Cost PrinCiples and 570 611 Conflict of Interest. If there is a con-
fllc:t of Interest wltr' any employee. agent, consultant, officer. or member of the Board of
Directors of the Subreclplent the person with the conflict and the nature of the conflict
must be Identified by name anc title. and submitted to the Administrator prior to any
costs being incurred at. n ()r Of' the Facility With respect to construction of the Improve-
ments
2.6 Equal Employment Opportunity. The Subrecipient shall comply with all appli-
cable Federal Equal Employment Opportunity regulations, including, but not limited to,
E':8cutlve 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
e'-,ters mo With respect to construction of the Improvements
2 7 Request for Bids/Proposals. The Subreclpient shall comply with requirements of
OMB Circular A"1 0 as amended and all State and local procurement requirements
With regard to solicitation of bids and proposals for construction of the Improvements to
the Facility, if applicable and shall provide such records to representatives of HUD, the
Citv Manager or the AdmlnlstrCltor upon request
2.8 Real Property Acquisition. The Subreciplent shall comply with requirements of
4'J CFR Part 24 Subpart B. as amended, and all State and local acquisition require-
ments With regard to acquisition ot property, if applicable, and shall provide such
recxds to representatives of HiJD. the City Manager. or the Administrator upon request.
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2.9 Disabled and Handicapped Accessibility. The Subrecipient shall comply with
the I\mencans with Disabilities Act of 1990 as amended and with the rules and regu-
iahY1S puolished Ir 28 CFR Pan 36 as amended and all State and local requirements
reoarding dIsabled accessibility
2.10 Religious Organizations. The Subreclplent shall comply with requirements re-
garding religious organizations.3s set forth In 24 CFR 570.200(j), as amended.
SECTION 3. SUSPENSION AND TERMINATION.
3.1 Application of 24 CFR 85.43. The City may suspend or terminate this Agreement
in accordance with 24 cr:R 8543, as amended, If the Subrecipient materially fails to
comply with any term of 'he CDBG Program award or this Agreement.
3.2 Application of 24 CFR 85.44. This Agreement may be terminated for convenience
In ac~cordance with 24 Cf=R 85 44, as amended
3.3 Remedies for Non-compliance. Pursuant to the provisions cited in Section 3 of
thiS Agreement, to Federal rules and regulations applicable to the Subrecipient, and to
HUD gUidelines If any deficiencies are discerned by or through monitoring of this
Agreement the Administrator may either temporarily withhold cash payments pending
COfrectlor of the deflclercies, disallow all or part of the cost of the activity or action not
in':ompllance wholly or partly suspend or terminate the current award, withhold further
awards or take anv other' remedies that may be legally available
3.4 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-
tlcn The party terminating thiS Agreement must comply with subsections 3.1 and 3.2 of
th sA..greement anj all ether previSions of this Agreement providing responsibilities in
the event of termination
3.5 Termination. Upor a term,natlon of thiS Agreement, the Subrecipient agrees to
retuld to the City all CDBG Program funds expended on construction of the Facility and
IrrOiOvernents If the SLbreclplent cannot refund all such money within thirty (30) days
of tre termination '10t1C8 the City may take whatever action IS necessary to reimburse
the~ity as set out in 24 CFR 8E 43 and 85.44, as each may be amended. Notwith-
starding this proVIsion tile ReverSion of CDBG Funds provision, set out in Section 4 of
th'sA.greement also applies to 'he Subrecipients CDBG Program funds on hand, ac-
ccunts rec:eivable and n:;al prorerty under the Subrecipients control.
SECTION 4. REVERSION OF GDBG FUNDS.
4.1 Facility and Improvements Used to Meet National Objective and Same
Business Purpose. The Subrecipient's Facility and all Improvements must be used to
meet one of the national obJectl'/es set forth In 24 CFR 570208, as amended, during
the rerm of thiS Agreement and 'or one year following the date of final completion of the
construction of the Improvements or one year following the date of the last disburse-
ment of CDBG furds under thiS Agreement, whichever is longer. In addition, the Subre-
elOlent shall use the Facility ane all Improvements for the same business purpose as
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that Nhlcr existedJn the date ot the Subreclplents execution of this Agreement for a
period of five (5 years fcilowlng the date of final completion of the construction of the
I rnx::werTents or follow!r 9 the date of the last disbursement of COBG funds under this
Agreemer't whichever I~ longer
4.2 Facility and Improvements Not Used to Meet National Objective and Same
Business Purpose. In rhe event that the Subrecipient's Facility or any Improvements
are not used to meet onEo of thelatlonal objectives or the same business purpose for
the length of time specified In subsection 4 1 of thiS Agreement then the Subrecipient
shal reimburse thE City 'Dr the eDBC; funds received by the Subrecipient as follows:
iA ;::allure to meet natlcnal objective The Subrecipient must reimburse the total award
)f COBG funds received under thiS Agreement
iB ;::ailure to use Facllitv or ani Improvements for same business purpose: Prorated
-eimbursement as a fractional amount, the numerator being the number of months
that the Subreciplenr s Facility or any Improvements failed to be used for the same
ouslness purpose as that which existed on the date of the Subrecipient's execution
)f thiS Agreement and the denominator being 60, multiplied by the total amount of
:::OBC; funds received by the:; Subrecipient under this Agreement.
4.3 No Election of Remedies. Resort, by the City, to a remedy under subsection 4.2
of this Agreement or anJther remedy provision set out in thiS Agreement, does not bar
the application ancl use of any other remedy allowed by law or that may be enforced by
the i-::ity pursuant to 24 CFR 57C' 5D3 as amended
SECTION 5. PROGRAM INCOME.
5.1 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 operate public facilities to provide services to low and
moderate Income ndivlduals anj individuals with disabilities within the City of Corpus
Cnnsti and throughout the comrlunlty served by the Subreclpient in conformity with 24
CF F 570 208 as amended The Subrecipient shall report program income to the City
annJally during the tern of thiS Agreement, not later than August 31 for the previous
year ending July
5.2 Accounting for Program Income. The Subrecipient shall comply with OMB
C i[ular 110. as amended With reference to program income, if applicable.
SECTION 6. INSURANCE AND INDEMNITY PROVISIONS.
6.1 Insurance. 1 he SL breciplent 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 certifi-
cate to that effect must De provided to the City's Risk Manager ("Risk Manager") and
the Administrator at least ten (1 J) days pnor to any construction. Failure to maintain
ar~y of the types and limits of th,; insurance required by Exhibit B is cause for the City to
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ter'rinate thiS Agreemer and ecmeei any and all reimbursements of CDBG funds to the
SLoi-eclplent
6.2 Notice to City> The SubreClplent shall require its Insurance companies, written
pOlicies and certificates Df insurance to provide that the City must be given thirty (30)
day'S advance notice by che Insuer prior to cancellation, nonrenewal, or material change
of tre Insurance policies required by Exhibit B Failure to maintain such insurance will
be cause for the City to take contrel of the Facility and all Improvements, cancel any
clal'y) thaT the Subreclplent may have to the use of the Facility and Improvements, and
can,~el ary and all reimbursements of CDBG funds to the Subrecipient.
6,3 Right to Re-evaluation and Adjustment of Limits. The Risk Manager retains the
r1qrr to re-evaluate the insurance requirements during the term of this Agreement and
ae Just the types and limits of such Insurance upon thirty (30) days written notice to the
S.Jtrecip!ent InsurancE types and limits may not be adjusted more frequently than
o(ce per year
64 Indemnification.
(A) The Subrecipient covenants and agrees that it will indemnify and
hold City harmless of, from, and against all claims, demands, ac-
tions, 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 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
part of the City. its officers, employees, or agents (Ulndemnitees"),
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 Facility 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 violation by Indemnitees, the Subre-
cipient 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 dam-
age may in any other way arise from or out of the Improvements
being constructed at the Facility or out of the use or occupancy of
the Improvements to the Facility or the Facility itself by Indemni-
tees, 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
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result of the design of the Improvements to the Facility, the bid-
ding process, actual construction of the Improvements to the Fa-
cility, administration 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 and
the Subrecipient jointly, failure of the Improvements to the Facility
to work as designed, failure of any contractor, subcontractor, or
manufacturer to honor its warranties, or failure of the Subrecipient
to maintain the Improvements to the Facility or the Facility itself.
(8) 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 sole negligence, contributory negligence, or con-
current negligence of Indemnitees, but not if such damage or in-
jury may result from the gross negligence or willful misconduct of
Indemnitees.
(C) The Subrecipient covenants and agrees that, in case the City is
made a party to any litigation against the Subrecipient or in any
litigation commenced by any party other than the Subrecipient
relating to this Agreement and the Improvements to the Facility
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 disposi-
tion, defend the City in all actions based thereon with legal coun-
sel satisfactory to the City Attorney, and pay all charges of at-
torneys and all other costs and expenses of any kind whatsoever
arising from any said claims, demands, actions, damages, losses,
costs, liabilities, expenses, or judgments.
(0) The provisions of this section survive the termination or expiration
of this Agreement.
SECTION 7. SU8RECIPIENrs REQUIREMENTS.
7.1 Precontracting and Preconstruction Conference. The Subrecipient has at-
tended t3 precontracting conference with City representatives. The Subrecipient and all
CJfts Identified contracTOrs anc subcontractors must attend a preconstruction confer-
i?nee With City representatives Failure to do so may result in the Subrecipient being
neliglble to receive the CDBG funds awarded and allocated to the Subrecipient under
ttlrS Agreement
7.2 Pledged Contribution. 1 he Subreclpient shall provide any additional funds
'eeded for the completion of the Improvements The Subrecipient shall provide can-
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Page 8 of 1 5
ce!8d cre~ks or otller pr'of as rnay be required by the Administrator as proof of the
conhbuticr
7.3 Prepare Plans and Specifications. The Subreolpient shall retain a registered
architect ;Jr licensed professional engineer In accordance With OMB Circular A-110, as
arnended to prepare thE Plans and to inspect all Improvements to ensure conformity
Witt-' final olans and speclficatlors submitted to the Administrator.
7.4 Professional Services. The Subreciplent shall retain professional services and all
necessarv contractors fer construction of the Improvements In accordance with OMB
C rcular ,L-11 0 as amended ard construct I mprovements to the Facility in accordance
With final plans and specifications and the schedule submitted to COD as set out in sub-
sections' 1 and 3 of tnis Agreement The Board of Directors of the Subrecipient shall
ensure tl:at professlona, serVICES, relating to the construction of the Improvements, are
reta!neci ,=md that the CO'lstructl()n of the Improvements is supervised.
7.5 Change Order Procedure A change order procedure must be instituted to make
cranges n the Plans or specifications or to decrease or increase the quantity of work to
bf~ performed or materials. eqUipment. or supplies to be furnished for the Improvements
tc Hie Facility The Subreclpler t shall submit all change orders to the Administrator for
approval prior to the chcmge order becoming effective. Any money expended by the
Subreclplent pursuant tc a change order and prior to submittal and approval of such
cf'ange order IS not relmbursabie, and the Subreclpient shall bear all such costs
assOCiated With ur"appreved ch anges
7.6 Staff and Administrative Support. The Subrecipient shall provide sufficient staff
ano adrT!!nistratlve suprort to SJperViSe the construction of the Improvements to the
F"1( I!itv
7 7 Use of Funds. Thi--': Subreciplent covenants that all CDBG funds expended under
thiS Agreement Will be used sOlely for the activities described in this Agreement. The
Subreclplent 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
lav\s
78 Accounting and Audit. 1 he Subreciplent shall record financial transactions ac-
cording TO approved ao::;ountin~.j procedures and provide an independent audit of the
ex:penditures in accordance wi1h OMB Circular A-133, as amended. Such audit must be
completed within 'llnetv (90) days after the Improvements to the Facility were com-
pieted ~ copy o~ the audit must be provided to the City Within thirty (30) days of com-
pletion of the auc!t If the audr shows discrepancies between amounts charged the
Subreclplent and amOL. 'lts reimbursed to the Subrecipient by the City, a resolution of
tt-18 discrepancies mus' be made Within sixty (60) days from receipt of the audit by the
Ity If the Subreclpier,t owes the City money In resolution of the discrepancies, the
rnoney must be paid wthlfl ninety (90) days from receipt of the audit by the City or the
breclPlent IS w defai ,It pursuant to this Agreement
7.9 Completion Date of Construction. The Subrecipient shall complete construction
)f the Improvements to the Facility In accordance with the approved Plans and Specifi-
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CBlJe,nS bv May 31 2007 If the Subrecipient IS rendered unable to carry out the terms
of 'hs subsection the S: breclplent shall promptly give the City written notice of such
de-By together Witt-" reasonable particulars concerning it. The Administrator may extend
th<,:o:onstruction time scr'edule fJr such time as may be deemed necessary and
Justified provided howe Jer tha' the extension of the construction time schedule does
ncr exceed the ternl of tr'IS ,Agreement (An extension of the term is addressed in Sec-
tlCn 9
SECTION 8. CITY'S REQUIREMENTS.
8.1 Committment of Funding for Improvements of Facility. The City shall provide
the Subrecipient up to One Hundred Thirty-two Thousand Eight Hundred Ninety-eight
Dollars (S 132 ,898) from the City s FY2005-06 CDBG Program for Improvements to the
Facility as described In Section' of this Agreement and in accordance with the
acceptec bid. budget, and construction schedules made a part of this Agreement, sub-
Ject to thF~ Subreclplents comphance with the provisions of this Agreement.
8 2 Additional Funds. Nothing In thiS Agreement may be construed as requiring the
C :t\ to prJvide additioncli construction funds to the Subreciplent at any time in the future.
SECTION 9. GENERAL PROVISIONS.
9 1 Term. ThiS .Agreement terminates June 30 2007 Extensions to the term of this
Agreement may be requested by the Subrecipient and approved by the City Manager
However the Subreclplent IS bound by all covenants, terms, and conditions of this
J.qreement including. without limitation, recordkeeping, for a period of six (6) years com-
n"encmg on the date of the Subreclplent's execution of this Agreement, unless a specific
bound period is Shorter or longer as may be stated in this Agreement.
9..2 Objective. The Subreclplent shall operate the Facility and the Improvements to
rther the primary objective of the Housing & Community Development Act as outlined
I 24 CFR 570 200 anc 570 2C8. as each may be amended, and will improve the Facil-
by May 31 2007 ara provide programs to help low and moderate income individuals
ein j individuals with disabilities Improve the quality of their lives and reach their maxi-
('H;m potential fo'- Independence and at all times in accordance with HUD's Community
DEvelopment Block Gr.=mt regulations and guidelines and all local, State, and Federal
et1uinwlents ann laws
9.3 Licensing. The Subreciplent shall obtain and maintain any certificates and licen-
ses that are reqUired of the Subreclplent. the Facility, and the programs offered at, on,
:r In the Facility CJY the United States, the State of Texas, the City, and any other
::tgenc!es having regulc1tory JUriSdiction over the Facility and the Subrecipient.
9.4 Maintenance. Tre Subreciplent shall furnish all maintenance to the Facility and
'rprovements as necessary tn maintain the Facility and Improvements in good repair.
9.5 Default. In the event the Subrecipient ceases to operate the Facility in accordance
Nlth the terms ot thiS Agreement or commits any other default in the terms of this
Aqreement. the City IS herein specifically authorized to demand reimbursement of the
),nIC )Uslng<\s~stanv FYCJ50E;g'1l' joo
Page 10 of 15
5G rds paid to the 3ubreciolent and. In the event the City is not promptly repaid,
to laKe pcssesslon of thE Facility arCl all Improvements without recourse and to dispose
of such Facility ane: ImprJVemerts in any manner the City deems necessary to
reimburSE the City
9.6 No Liability. n no >~vent IS the City liable for any contracts made by or entered into
by n1e Subreciplent with any other person, partnership. association, firm, corporation, or
gCJern rlental entitv
9.7 Notices.
(p. A.II notices demands. requests, or replies provided for or permitted under this
A.greement by either party 'lluSt 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 cr registered mall return receipt requested, postage
prepaid; (3, bv prepaid telegram. (4) by deposit with an overnight express delivery
servl:e for which SNVlce h-3s been prepaid or (5) by fax transmission.
(81 Notice depoSited WITh the United States Postal Service In the manner described
above Will bejeemed effective two (2) business days after deposit with the United
States Postal Servl(~e Notice by telegram or overnight express delivery service will
be deemed effective one (1) business day after transmission to the telegraph com-
pany or overrllght e :<press carner Notice by fax transmission will be deemed effec-
tive "pon transmiSSion with proof of confirmed delivery
All such communications [rust only be made to the following:
I1JQ the Ci!Y
If to the Subrecioient
City of Corpus Chnstl
Attn Adminlstrato: Comnlunlty Dev Dlv
P C Box 92
Corpus Christl T e;x:as 78469 ~()77
(36" ) 826-3045 O'fice
(36' ) 844. 1 ~ 40 F x
Senior Housing Assistance of
Nueces County
Attn: Executive Director
1758 Gollihar Road
Corpus Christi, Texas 78416
(361) 855-1494 Office
() Eltr'er party may cnange Ole address to which notice is sent by using a method set
c,y above The Subrec!pient shali notify the City of an address change within 10
working days after the address IS changed
9.8 Nonassignment. rhe Subreciplent may not assign, mortgage, pledge, or transfer
tnls Agreement or any nterest In the Facility or Improvements without the prior written
J'isent of the CIN
9.9 Nonexclusive Services. Nothing in thiS Agreement may be construed as prohibi-
ting the Subreciplent from entering Into contracts with additional parties for the perfor-
"'lance (If services Similar or Identical to those enumerated in this Agreement, and no-
f"dor '-1usmq I\SS stanCE ;~Y0506 ':'.grlt c:oc
Page 11 of 15
th n:::j in tr''1s Agreement nay be ::onstrued as prohibiting the Subrecipient from receiving
cCITpensation froM sucr' addltlcnai contractual parties, provided that all other terms of
th'sA.greement an? fulfil;ed
910 Breach of Agreement. Notwithstanding any other provisions of this Agreement
should the Subreclplent breach anv section or provision of this Agreement including,
wltrout II'nitation the failure to pay taxes, assessments, or other government charges,
tre oreach shall be remedied Ir accordance with subsection 3 3 of this Agreement and
a,y othe' applicable sunsectlors, It repayment is required as a remedy, other remedies
fTa/ be pursued as deemed necessary by the City Manager, if repayment is not made.
l"le City !s entitlec to reasonab,e attorneys fees In any court action arising out of this
A]reement
9 11 Modifications. rvlodlflcatlons to this Agreement are not effective unless signed by
a duly authorized representativ,= of each of the parties to thiS Agreement Modifications
whch de not change the essential scope and purpose of thiS Agreement may be ap-
prc\led en behalf of the City by the City Manager
9 12 Validity. it for al y reason any section, paragraph, subdivision, clause, phrase,
word, or provision of thiS Agreement is held invalid or unconstitutional by final judgment
a ccwt of competent jurisdiction it shall not affect any other section, paragraph, sub-
c!vision clause phraSe word or provision of thiS Agreement. for it is the definite intent
,he parties to tnis Agreement that every section. paragraph, subdivision, clause,
'ase Nord an] pro'vision of thiS Agreement be given full force and effect for its pur-
pose
9.13 Jurisdiction and Venue. The laws of the State of Texas govern and are appli-
80le tc any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces
:cuntv Texas where this Agreement was entered Into and must be performed,
9.14 Warranty from Contractor. Upon the Subrecipients receipt of a copy of the
/\!chltectlEngineers cE::rtificatE of substantial completion, the Subrecipient shall only
)ok to the architects !'::ngineers. contractors, subcontractors, manufacturers, and their
espective warranties '0 remejy anv defects In design, workmanship, or materials, and
rhe Subrecipient covenants and agrees that the City has no responsibility for any de-
'ects of any kind or nature whatsoever, even If It IS alleged such defect is due to the
>ty's r,egligence Thf: City must bt~ a third party beneficiary to the Subrecipient's
))ntracts effecting thE Improvements, and all warranties and duties under such con-
'racts rlust be w favol of the ;3ubrecipient and the City
9,15 Copies of Rules and Regulations. Copies of some of the Federal rules and
-eguiat,ons referenceej 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 refererce ,An! failure, by the City, to supply the Subrecipient with any
C)ther F-ederal rules and regulations which may be applicable to the Subrecipient, its
Facility the Improvements CDBG funding or to recipients of Federal funds does not
\Aaive the Subreclplent's required compliance in accordance with Federal law,
;~n!( , "OUSln';:J o\sslstan( ," FY050', A;Jf1!\ doc
Page 12 of 15
9.16 Disclosure of Interests. n compliance with Section 2-349 of the City's Code of
Orjinarces the Subreclpient srall complete the Citys Disclosure of Interests form,
\f.r Ich IS attached to thlsA.greement as Exhibit 0 the contents of which, as a
:::CT pleted form a-e IncCifporated In this document by reference as if fully set out in this
A(Jn~err'e'lt
9 17 Acknowledgment of Funding Source. The Subrecipient shall give credit to the
C s C DBG Program as the project funding source In all presentations, written docu-
rrents. publicity and ad Jertisements regarding the Improvements. The Subrecipient
a,~rees tc acknowledge the spo'lsorship of the City of Corpus Christi at any event
pfYllotnq the proiect or any other project sponsor
(EXECUTION PAGES FOllOW)
:::'2n1C I'ousing .Asslstanc'. FYJSQf. A9rrt doc
Page 13 of 15
E xe::utec In duplicate or qmals trlS ...~~O dav of it ,i ()jf)1tOP Y
ATTEST'
,2006.
CITY OF CORPUS CHRISTI
I~::.._??!f... AUlnUt".,
IT GOO"Cll .._JJ2j.!~/Q.~._...~
SECi~ttp
/>~#~<!J'f
Armand'o Chapa-'---ij--
City Secretary
'/ ~{J(~
G~~ 1<. Noc
City Manager
Aporoveo as to form onl
2006
tfM
i I.' I',J{ i !
_ . ..LL..._...':....>-....'-.
Elizabetn R Hundley
ASSistant City Attwney
foe the City AttornE'y
ACKNOWLEDGMENT
ST ATE OF TEXAS 9
9
COUNTY OF NUECES 9
KNOW ALL BY THESE PRESENTS:
" 'S.~r\~li~ l~;#Yf1le.nt ~'t~I~f,;~~lowledged before me on tJJCt{ I) J).) ,,;t ,2006,
by Geef~K-/~f~tY Manager of the City of Corpus ChriSti, a Texas home-rule
m rlcipai corporation Of behalf of the corpora~on
(seal)
t
J
~ (A t,.( I,.f'"
c. State of Texas
-.,"~~~"~
.~......;,""
.(~ .Y~i
.,oj. ".~i
"~:~{::~~~~
O,GA DELACRUZ I
'oJd'd,' ':>',.Jbj,c", -ate ot r,exil, "
~. ,\ ... <.>fy',ml$')n Expjre~
~ugust 2009 ~ '
Notary P
Se i, r HCiu,ing ASSistance F 0506 .A.~r'lt jC1(
')
( ", ,-
i-!;7
Page 14 of 15
SUBRECIPIENT: Senior Housing Assistance of Nueces County, Inc.
-
(~JJ~
Executive Director
~ /J~b
Date
f-}fi:h1AAlJ)u ,~ " ('4 CCl2€s
Pnnred name
ACKNOWLEDGMENT
ST A TE OF TEXAS ~
~
COUNTY OF NUECES ~
KNOW ALL BY THESE PRESENTS:
r h's Instrument was ackrowledged before me on \ ~~'l)~ \ ,2006
by v~~ < -L 'LL\,-CL--.: ~ (. L~ __ '-> ",,/ the Executive Director of Senior
Housing Assistance of Nueces County Inc a Texas nonprofit corporation on behalf of
the corporation
_';"Mb"'''''~
r,..~\~.I)ft'=\NA ~(~STER WeLLS
~. t~.~... \ "',wary ,'ubi It, Stale ~Texas
i ~.: ~ i My CommiSSlOO Exoil8S
~dbiY. ..,' ,,'-nn )"RV". 2007
~; .......;,!Ii~,..,:.~~.;>.... ....ttj!""'\t)~; " ' f :
", ""'/ ~ ; .. , \ \ '
:\.:-'~t:'~;r~"':;~'~"-~""-=-'~<l!":""~
,.'"
..J .~! :+--:- \ \ \ II \...S__./l
.'iY ~_~. \'v",~ .~-~ _ '-~
Notary Public, State of Texas
S,CiX HJlSlng ASSistance F v0506 AJmt doc
Page 15 of 15
,::y an(j Funas Program: FY20051 COBG
Project Name. EI Paraiso Seniors HouslnQ Improvements
i)rganization EI Paraiso Apartments
Total Project Cost lli2.898.00
Preliminary Budget
Project Financial Resources:
(Funds available to complete your project)
..
Func A .
Funa B ....
Capital Contribution (For COBG projects only) (if applicable) ..
FY 2005 COBG Funding amount
AMOUNT
N/A
N/A
N/A
$132.898.00
$ 132.898.00
..
TOTAL FUNDS AVAILABLE FOR PROJECT.
Estimated Expenses:
(List estimated expenses to complete your proiect) such as:
TestIng, Advertising, Printing Ete
.. AlE Professional Fees
Rehabilitation Cost
New Construction COS1
ContIngencies
Other: Contractor's Overhead and Profit..
AMOUNT
$2.500.00
$10.000.00
N/A
$97.587.00
$4.879.00
$17.932.00
$132.898.00
"OTAL PROJECT COST
i Funds needed for the Prolect)
NOTE: The "total funds available for ~roiect". shall be eQual to the "total proiect cost."
Preliminary Construction Schedule
(Projected dates for completion of key project phases)
. Land AcqUlsition( if applicable) . ... . .. . . . .. . ... .,
. Selection of Architect/Engineer (AlE) services.. ....
. Design and Bid Documents completed.
. Award Bid and Construction Contract .
. Commencement of Construction.. . .. .
. Construction at 50% Completion ......
. Construction at 100% Completion ...
PROJECTED DATE
N/A
1 0/03/06
1 0/27/06
11/21/06
11/27/06
01/08/07
02/19/07
EXHIBIT A
EXHIBIT B
INSURANCE REQUIREMENTS
SubreclPlent's Liability Insurance
A Subrecipient must not commence work under this agreement until all insurance required
herein has been obtained and such insurance has been approved by the City. Subrecipient
must not allow any subcontractor to commence work until all similar insurance required of the
subcontractor has been obtained
8, Subreclplent must furnish to the City's Risk Manager two (2) copies of Certificates 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 is required on all applicable policies.
MINIMUM INSURANCE COVERAGE
I Bodily Injury and Property Damage
ys
t of
$1 ,000,000 Combined Sinole Limit
I
!
I At a minimum, amount sufficient to cover the
I replacement cost of facilities and! or building
i City to be named as loss payee using standard loss
I payee clause
I. .
i Full value of any Improvements constructed With
se I CDBG Funds provided under this agreement, so long
I as work remains to be completed on such
l improvements
,
TYPE OF INSURANCE
i 30-Day written notice of cancellation, materia
I change, non-renewal or termination and 10 da
I written notice of cancellation for non-paymen
I premium is required on all certificates
[.-----.-... .
i COMMERCIAL GENERAL LIABILITY including
1 Commercial Form
! 2 Premises - Operations
1 3 Products! Completed Operations Hazard
! 4 Contractual liability
i 5 I ndependent Contractors
l 6 Broad Form Property Damage
7 Personal InJury
FIRE and EXTENDED COVERAC,E
BUILDERS RISK INSURANCE
.Ai! Risks of PhYSical Loss Including collap
and transit coverage
C In the event of accidents of any kind, Subrecipient must furnish the Risk Manager with copies
of all reports of such accidents within 10 days of the accident.
Community Development BlOCk Grant Program Subrecipient Agreements ins, req.
i 0-25-05 ep Risk Mgmt
ADDITIONAL REQUIREMENTS
,A, Certificate of Insurance
The City of Corpus Christi must be named as an additional insured on the liability
coverage, and a blanket waiver of subrogation is required on all applicable policies.
The City of Corpus Christi must be named as loss payee using a standard loss
payee clause on the Fire and Extended Coverage coverage.
If your insurance company uses the standard ACORD form, the cancellation clause
(bottom right) must be amended by adding the wording "changed or" between "be"
and "canceled", and deleting the words, "endeavor to", and deleting the wording after
"left" In the alternative, a policy endorsement providing the required cancellation
language will be accepted
The name of the project must be listed under "Description of Operations"
At a minimum a 30-day written notice of cancellation, non-renewal, material change
or termination and a 10-day written notice of cancellation for non-payment of
premium is required
B
If the Certificate of Insurance on its face does not show on its face the existence of
the coverage required by items 1.8 (1 )-(7), an authorized representative of the
insurance company must include a letter specifically stating whether items 1.8. (1 )-7)
are included or excluded
END
Community Development Block Grant Program Subrecipient Agreements ins. req.
10-25-05 ep Risk Mgmt
EXHIBIT C
CDSG COMPLIANCE AFFIDAVIT
STATE OF TEXAS ~
~ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES ~
Date: ~ / I ;J-DO{o
Affiant e'- R,,2.AI.$ J
Community Development Block Grant Subrecipient
Affiant. on oath, swears the following statements are true:
I ~A~tx:> G, CkefJ:,j, am the ~f<,E.4-ScA~.fL. (title)
of - L ' a Texas nonprofit
corporation, which has applied for and been awarded Community Development Block
Grant i"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 representa-
tive 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 A122 24 CFR 570.200, 500, and 600 e1. 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, City staff has explained the rules and regulations, and I understand the
Subrecipient's obligations of performance under the rules and regulations. Further-
more. 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
to and with which the Subreclpient must comply, in accordance with Federal laws.
By ~ /J~
SWORN TO AND SUBSCRIBED before me the \ S\ day of~~~ , 2006.
'~'_"-'~~~~.- - '--"0 ::-:".....", -----~
i(.;~.C,:\ ~~~,',~,.~e: : Not::""~~~lic, s~~;:~s ~
. \,u:>;;;....~,; /.F8RUARY 21 2007
W ,...'f""R:.,;.\f"....;t
~:~ ~:~7-.---.:t-._,,-~~.~-~~~....
ji
~
EXHIBIT D
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
FIRM IS:
~: (1RPV> rYJ//(,Jsr, ./LZIP: 7S'l/~
- I
2. Partnership () JJ ,j ~-t0wller ()
5. Other () Z>
DISCLOSURE QUESTIONS
If IdditionallflC&' is ~"ry, pl~ use the reverse side oftbis 1'. or attach -,-do sheet.
1. S1ate the .... of... "~1Oyee" of the City of Corpus Christi h&ving an "u.......4ip ima~ CODStituting 3%
or more of the ~ in the above D8IIleCf"firm."
L
4.
CoIpoIabOD
Association
Name
Job Title and City Department (ifknown)
"h J V1-
2. State the ~es of each "official" ofthc City of Corpus Christi having an "ownership ~~ CODStituting 3% or
more of the ownenbip in the above named "firm."
Name y\. i \I\-
T"rtle
3. State the names of each "board member" of the City of Corpus Christi baving an "ownership interest" constituting
1% or more of the ownership in the above named "rum."
Name
Board, Commissio~ or Committee
-(\ J y~
_._---~
4. State the DIIlles 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:~ con.crimring 3% or more of the
ownership in the above named "firm."
Consultant
,,~ / Vt
CERTIFICATE
I certify that all information provided is true and com:ct as of the date of this statement. that I have not knowingly
withheld disclosure of any information requested; and that supplemental statements v..ill be promptly submitted to the
City of Corpus Chrisli, T~
~' ~
Certifying Person: . 0 ~ T"rtle: I /Lflg ~
SigaatureofCertifyiDgPenon: _' ~ ~ Dale: f/..&if I) MOb