HomeMy WebLinkAboutC2005-743 - 9/13/2005 - ApprovedCDBG SUBRECIPIENT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
WESLEY COMMUNITY CENTER
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY QF NUECES §
This ~greement (~'Agreement~') is made and entered into between the City of Corpus
Chr~s~i, a Texas home-rule municipal corporation ("City"), acting through its City
Manager or the City Manager's designee ("City Manager"), and Wesley Community
Cent~r Robstown, Texas ("SubrecipienY'), a nonprofit corporation organized under the
laws of the State of Texas.
WHE~tEAS, the City has allocated One Hunared Thousand Dollars ($100,000) from the
FY2005-06 Community Development Block Grant ("CDBG') Program for acquisition of
prop~ty located at 401 ~ MacArthur Street, C~rpus Christi, Nueces County, Texas, such
prope~ty to be owned by the Subrecipient and on which a daycare facility exists and will
be operated ("Property r;
WHE#~EAS, the City desires that safe and sanitary public facilities be provided for low
and moderate income individuais and individuals with disabilities;
WHEIREAS, the Subrecipient desires to operate public facilities to provide such services
to low and moderate income individuals and individuals with disabilities within the City of
Carpus Christi and throughout the ccmmunity served by the Subrecipient in conformity
with 24 CFR 570 208. as amended; and
WHEF~EAS, the C~ty wishes to encourage the services provided by the Subrecipient
and th~re being a genuine need f~r these services and for appropriate facilities to
provide such services in *_he City ~~f Corpus Christi;
NOW, THEREFORE, the City and the Subrecipient agree as follows:
SECTtlON 1. SCOPE, BUDGET. SCHEDULE, AND PAYMENT REQUIREMENTS.
1.1 S~ope of Work. The Subrecipient shall complete the work outlined in the funding
propo~l that was submitted and approved by the City's City Council for FY2005-06,
such proposal being incarporated into this Agreement by reference as if fully set out in
this Ag~-eement. A budget and acquisition schedule is incorporated by reference into
this A~eement and is attached to this Agreement as Exhibit A. The Subrecipient shall
acquire the Property no later thar April 30, 20C-7. The City conditionally commits One
~-~undred Thousana Dollars ($10C 000) of CDBG funds toward the acquisition of the
P~-ooertv ~nr tnP ~~ ~r~~ses of this Agreement, the term "Property" collectively includes
2005-743 ~roperty and any improvements ("Improvements") existing
09/13/05 the Subrecipient's execution of this Agreement.
M200_5-~13
Wesley Communi~v C`enter
1.2 Subrecipient Matching Funds Requirement. The Subrecipient shall provide Ten
Thousand Dollars ~'$10 OOQ? in match3ng funds for the acquisition of the Property. Addi-
tionalky the Subrecipient must obtain funds o~ secure financing in the amount of ap-
~r~x~mately Six Hi~ndreG Thirty ?hausand Do;lars ($630,000) prior to Apri~ 30, 2007, for
'n~ acquisition of the Property ~'ayment of the City s commitment of One Hundred
Thousanc Dollars i$10G 000) in {;;DBG fundirg is expressly conditioned on Subrecipient
:~btaining the necessary funds of financfng, ir the amount of approximately Six Hundred
Thirty Thousand Dollars ($630,C~Oi for the acquisition of the Property and rendering
payment at closing of nct less than Ten Thousand Dollars ($10,000) in matching funds,
as stated ~n this section ~n order to acquire the property. If Subrecipient is required
:~rder this Agreement to meet a matching funds requirement and fails to meet any
portion of the requirement, the Subrecipient's allocation will not be disbursed but is
automatically forfeited ar~?d reverts to the City for inclusion in future CDBG Programs.
1.3 Requests for Payment.
!;A~ Ail requests for payment made pursuant to this Agreement must be submitted to
the Administrator
( B ~ ff all conditions for the payment of the CDBG funds have been met by the
St~brecipient by the date stated in this Agreement, payment of the CDBG funds will
be made by wire transfer to ±he real estatp closing office handling Subrecipient's
acquisition of the Property.
SECT~ON 2. RECORDKEEPING, UNIFORM ADMINISTRATIVE REQUIREMENTS
AND OTHER PROGRAM REQUIREMENTS.
2.1 Recorc~. The Subrecipient shall provide access to all original records, reports,
and audits including, without limitation all agreements and appraisals for the Property;
+nvoic~s: payment and payroll records bank records; plans and specifications for the
Property if applicable, ar.y architectural plans written and drawn pursuant to this
Agreement, change orders, contracts betweer the Subrecipient and its contractor(s),
between contractor(s) and their subcontractorlsj, and between the Subrecipient and its
registered architect(s) or licensed professional engineer(s}; communications and
vorrespondence with regard to any contracts and subcontracts pertaining to this
Agreement; affidavits executed pursuant to this Agreement; documentation of clientele
being benefi#ed by the Property (~ e.. number of persons being served, etc.) and the
activfty be~ng carried out n the P~aperty which pertains to the construction, rehabilitation
~r ~peraticn of the Prope~ty; and all wr~tten obligations pursuant to this Agreement,
ir~c~udirtg, but not limited ±o, all in~armation on matching funds required under this
Agreement, if any, during regular bus~ness hours for any purposes of the City, the
Jnited States Departmer:t of Housing and Urban Development ("HUD"), or both, to
~anduct a~adits and monit~ring.
2.2 Ec~ual Participation Documentation. The Subrecipient shall keep and provide ac-
~ess to records documenting compliance with Section 109 of the Housing and Commu-
nity D~velopment Act of ~ 974 [42 United States Code ("U.S.C.") §5309], as amended,
which r+equires that no person shall, on the ground of race, color, national origin, reli-
Nesie~~ Community c~e~ter FY )506 Agr~-_dcc Page 2 of 12
...- ,. ~, ~,. ,s..~. .~
~i~r or sex, be exclude~ from ~artfcipation ir,, be denied the benefits of, or be sub-
3ected to discriminatfon under ar~y program or activity funded in whole or in part with
vommunf±y develcpmen* funds rY~ade available pursuant to the Act. Any prohibition
aga~nst d!scrimination cr~ the basis of age unc~er the Age Discrimination Act of 1975, as
~mendea or with respe:;t to an ~~therwise qualified disabled individual, as provided in 29
~J S C. ~i94, as amended, also applies to this Agreement.
2.3 I~formation and Reports. The Subrecipient shall provide any information, reports,
data, ard forms pertinert to this .Agreement as the Administrator or staff of CDD may,
from time to time. request for the proper adm~nistration of this Agreement.
2.4 C3MB Circulars A-110, A-122, and A-133. The Subrecipient shall comply with the
requir~ements and standards of United States Office of Management and Budget
~""OM#3°) Circulars A-11C. A-122 and A-133, as each may be amended.
2.5 Gomp~iance Documentation. The Subrecipient shall keep and provide access to
records documenting compliance with the rules and regulations contained in Title 24,
Chapter 57Q, et seq. af the Code of Federal Regulations (°CFR"), including, but not
!imited to Subpart K, Sections 5'0.603, Labor Standards; 570.607, Employment and
Contracting Opportunities; 570 608, Lead-Based Paint; 570.609, Use of Debarred,
Suspended, or Ineligible Contractors or Subrecipients; 570.610, Uniform Administrative
Requirements and Cost Principles; and 570 611; Conflict of Interest. If there is a con-
flict of interest with any ~mployee, agent, consultant, officer, or member of the Board of
Directors of the Subrecipient, the person with the conflict and the nature of the conflict
must be identified by name and title and submitted to the Administrator prior to any
uosts being incurred at, ~n, or or ~he Property with respect to construction of the
=mprove-ments.
2.6 Cqual Employment Opportunity. The Subrecipient shall comply with all appli-
cable Federal Equal Employment Opportunity regulations, including, but not limited to,
Executive Order 1 ~ 246. ~s amended, and Section 3 of the Housing and Urban Develop-
ment Act ~f 1968 as set rorth in 24 CFR 570 607, as amended, and shall require compli-
arce with the aforement~oned laws and regulations in all contracts the Subrecipient
erters into with respect to construction of the Improvements.
2.7 I~equest for BidslProposals. The Subrecipient shall comply with requirements of
OMB Circular A-110, as amended, and all State and local procurement requirements
~~vith r~gard to solicitatior of bids and proposals for construction of the Improvements to
the Property, if applicable, and shall provide such records to representatives of HUD,
the City Manager, or the Administrator upon request.
2.8 f~eal Property Acquisitiono The Subrecipient shall comply with requirements of
49 CFR Part 24. Subpart B, as amended, and all State and local acquisition require-
ments with regard to acquisition of property, if applicable, and shall provide such
records tc representatives of HUD, the City Manager, or the Administrator upon request.
2.9 ~abled and Handicapped Accessibility. The Subrecipient shall comply with
the Americans with Disabilities Act of 1990, as amended, and with the rules and regu-
~~~Vesley C~r~munity ~,enter F'~`0506 Ag~~t dcc Page 3 of 12
~aticns ~~ablished ~n 28 ~;FR Pa~* 3E as amended. and all State and local requirements
regarding disabled accessibil~ty
2.10 Retigious Organizations. The Subrecipient shall comply with requirements re-
garding religious c~rganizations as set forth in 24 CFR 570.200(j), as amended.
SECTION 3. SUSPENS{ON AND TERMINATION.
3,1 Application of 24 CFR 85.43. The City may suspend or terminate this Agreement
in accordance with 24 CFR 85.43, as amended, if the Subrecipient materially fails to
comply with any term ot the CDBG Program award or this Agreement.
3.2 Application of 24 CFR 85.44. This Agreement may be terminated for convenience
m accordance with 24 CFR 85 44, as amended.
3.3 Remetiies for Non-compliance. Pursuant to the provisions cited in Section 3 of
this Agreement, to Federal rules and regulat~ons 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
correction of the deficiencies, disallow all or part of the cost of the activity or action not
in compliance, wholly a~ partly suspend or terminate the current award, withhold further
awards. ~r take any 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-
t~ce The party terminating this Agreement must comply with subsections 3.1 and 3.2 of
this Agreement and all other pr~visions of this Agreement providing responsibilities in
t~?e event of terminaticr .
3.5 Termination. Upon a termination of this Agreement, the Subrecipient agrees to
refund to the City all CDBG Program funds expended on construction of the Property
and improvements. If the Subrecipient canrot refund all such money within thirty (30)
days of the termfnation notice, khe Clty may take whatever action is necessary to
reimburse the City as set out ir 24 GFR 85 43 and 85.44, as each may be amended.
Not~ritt~standing this pr~vision. fihe Reversion of CDBG Funds provision, set out in
Sectian 4 of this Agreernent. aiso applies to the Subrecipient's CDBG Program funds on
hand. ar,counts receivable, and real propefi~ under the Subrecipient's control.
SEGTION 4. REVERSION OF CDBG FUNDS.
4.1 Prop~rty and Improvements Used to Meet National Objective and Same
Bu~ness Purpose. The Subrecipient's Property and all Improvements must be used
~o 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 acquisition or one
year following the date of the last disbursement of CDBG funds under this Agreement,
whichever is longer Ir addition, the Subrecipient shall use the Property and all
~mprovements for the same business purpose as that which existed on the date of the
~ubrecipient's executian of this Agreement for a period of five (5) years following the
~'Vesley Communiry Center ~Y~506 ~.gmt acc Page 4 of 12
date of *ir,al acqu~sition ~r follow~ng the date ~~f the last disbursement of CDBG funds
under this Agreement, whichever is ~onger
4.2 Property and Improvements Not Used to Meet National Objective and Same
Busi~tess Purpose. In the evert that the SubrecipienYs Property or any Improvements
are not used to meet or.e of the ~atianal objectives or the same business purpose for
the iength of time spea{ied in subsection 4 1 of this Agreement, then the Subrecipient
sha~l re~mburse the Citv for the ";DBG funds ~eceived by the Subrecipient as follows:
~,A; Failure to meet national ob~zctive The Subrecipient must reimburse the total award
of CDBG funds received under this Agreement.
(Bj Fa~lure ta use Property or any Improvements for same business purpose: Prorated
reimbursement as ~ fractional amount, the numerator being the number of months
that !he Subrecipient's Property or any Improvements failed to be used for the same
business purpase as that which existed c~n the date of the Subrecipient's execution
of th~s Agreement and the denominator being 60, multiplied by the total amount of
CDBG 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 another remedy provision set out in this Agreement, does not bar
the application and use of any ather remedy allowed by law or that may be enforced by
the City pursuart to 24 ~~FR 57~~.503 as amended.
SECTION 5. PROGRAM INCOME.
5.1 ~ispo~ition of Program Income. Program income received by the Subrecipient
as a result of this Agreernent, 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 mdividuals and individuals with disabilities within the City of Corpus
Chris#i and throughout the community served by the Subrecipient in conformity with 24
GFR 57G 208, as amended The Subrecipient shall report program income to the City
anrually dunng the term of this Agreement, not later than August 31 for the previous
year ending July 31.
5.2 Accounting for Program Income. The Subrecipient shall comply with OMB
Circular .A-110. as amended. with reference to program income, if applicable.
SEC~'ION 6. INSURANCE AND INDEMNITY PROVISIONS.
6.1 Msur~nce. 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-
tach~d to this Agreement and is incorporated in this Agreement by reference. A certifi-
cate to that effect must be prov~ded to the City's Risk Manager ("Risk Manager") and
the Administrator at least ten ( ~ 0) days prior to any construction. Failure to maintain
anyy of the types and limits of the insurance required by Exhibit B is cause for the City to
term~nate this Agreement and cance; any an~ all reimbursements of CDBG funds to the
Subrecipient
Wesley ~~~~mmunity ~~enter '~-Y0506 ~ymt c~~c Page 5 of 12
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6.2 Notice to City. Tha SubrecipiErt shall require its insurance companies, written
~~i~~ies and certificatec of insu~ance to prov~de that the City must be given thirty (30)
days advance notice by the insurer prior to cancellation, nonrenewal, or material change
o` the insurance policies required by Exhibit B. Failure to maintain such insurance will
be ~ause for the C~ty te take co~troi c~f the Proper±y and all Improvements, cancel any
~.,~alm that the Subrecip~ent may have to the use of the Property and Improvements, and
~ancel ary and ail reimt~ursements of CDBG funds to the Subrecipient.
6.3 Qtight to Re-evaluation and Adjustment of Limits. The Risk Manager retains the
right tc re-evaluate the ~nsurance requirements during the term of this Agreement and
adjust the types and limits of such insurance upon thirty (30) days written notice to the
Subrecipient. Insurance types and ~imits may not be adjusted more frequently than
ance per year
6.4 ~dernnification.
(A) The Subrecipient covenants and agrees that it wil! indemnify and
~-old City harmless of, from, and against all claims, demands, ac-
tions, damages, /osses, costs, liabilities, expenses, and judgments
recovered from or asserted against the City on account of injury or
damat~e to persons or property (including, without limitation on
~he fvregoing, workers' compensation, death, and premises de-
~ects) to the extent any such damage or injury may be incident to,
arise out of, or be caused, either proximately or remotely, wholly
or in part, by an act or omission, negligence, or misconduct on the
part of the City, its officers, employees, or agents ("Indemnitees"),
acting pursuant to this Agreement and with or without the express
vr impEied invitation or permission of the Subrecipient, or on the
part of the Subrecipient or any of its agents, servants, employees,
contractors, patrons, guests, Iicensees, or invitees entering upon
the Property being acquired, improved, or used pursuant to this
Agreement, or when any such injury or damage is the result,
proximate or remote, wholly or in part, of the violation by lndem-
nitees, the Subrecipient or any of its agents, servants, employees,
contractors, patrons, guests, /icensees, or invitees of any law,
ordinance, or governmenta! order of any kind, or when any such
injury or damage may in any other way arise from or out of the
lmprovements being acquired at the Property ot out of the use or
occupancy of the Improvements to the Property or the Property
itself by Indemnitees, the Subrecipient, or any of its agents,
servants, emp/oyees, contractors, patrons, guests, /icensees, or
invitees, and including, without limitation, any damages or costs
which may occur as a result of the design of the Improvements to
#he Property, the bidding process, actual construction of the
'.~desley ~~mmurnty C;ente~ ~YO~G6 ,-~gmt ~oc Page 6 of 12
/mprovements to the Facility, administration of the construction
contracts by the City or its designee, failure of the Improvements
to the Property prior to the completion and acceptance of the
/mprovements by the City and the Subrecipient jointly, failure of
t~e Improvements to the Property to work as designed, failure of
any contractor, subcontractor, or manufacturer to honor its war-
ranties, or failure of the Subrecipient to maintain the Improve-
ments to the Property or the Property itself.
(B) l~hese terms of indemnification are efifective upon the date of exe-
cution of this Agreement and whether such injury or damage may
-~esult from the so/e negligence, contributory negligence, or con-
current negligence of /ndemnitees, but not if such damage or in-
jury may result from the gross negligence or willfu/ misconduct of
lndemnitees.
(C) The Subrecipient covenants and agrees that, in case the City is
r~ade a party to any litigation against the Subrecipient or in any
~itigation commenced by any party other than the Subrecipient
~elat~ng to this Agreement and the Improvements to the Property
eont~mplated under this Agreement, the Subrecipient shall, upon
receipt of reasonable notice and at its own expense, investigate all
claim~ and demands, attend to their sett/ement or other disposi-
tion, defend the Cify in al! actions based thereon with Iegal coun-
~el satisfactory to the City Attorney, and pay all charges of at-
~orneys and al! other costs and expenses of any kind whatsoever
~rising from any said claims, demands, actions, damages, losses,
costs, liabilities, expenses, or judgments.
(D) The provisions of this section survive the termination or expiration
of this Agreement.
SECTION 7. SUBRECIPIENT'S ADDITIONAL REQUIREMENTS.
7.1 Use of Funds. The Subrecipient covenants that all CDBG funds expended under
this Agreement will be used solely for the activities described in this Agreement. The
Subrecipient shall reimburse the City for all funds expended for activitieS not related t0
the purpose and activities described in this Agreement or that violate Federal or State
laws.
7.9 Completion Date of Acquisition. The Subrecipient shall complete acquisition of
the Property by April 30, 2007 If the Subrecipient is rendered unable to carry out the
terrr~s of this subsectior~, the Subrecipient shall promptly give the City written notice of
such delay together with reasonable particulars concerning it. The Administrator may
4Vesley ;~~mmurnty :'.enter ~~==Y0506 r,qmt -~oc Page 7 of 12
extend the acqu~s~tior t~~~e as r~ay be deemed necessary and justified, p~ovided, how-
e~~e~. that the extensior ~f the acquisition tim~ schedule does not exceed the term of
tt~~s Agreement (F~n extension of the term is addressed in Section 9.)
SEC~'ION 8. CITY'S REQUIREMENTS.
8.1 Commi#tment of Funding for Improvements of Property. The City shall provide
the Subrecipient up to One Hundred Thousand Dollars ($100,000) from the City's
FY2~05-06 CDBG Program for acquisition of the Property as described in Section 1 of
this Agreement subjec* to the Subrecipient's compliance with the provisions of this
Agre~ment.
8.2 Additional Funds. Nothinc~ in this Agreement may be construed as requiring the
City to provide additional construction funds to the Subrecipient at any time in the future.
SECTION 9. GENERAL PROVISIONS.
9.1 Term. This Agreement terminates May 31, 2007. Extensions to the term of this
Agreement may be requested by the Subrecipient and approved by the City Manager.
However the Subrecipient is bound by all covenants, terms, and conditions of this
Agreement including, w~thout limitation, recordkeeping, for a period of six (6) years
commencing on the date of the Subrecipient~s execution of this Agreement, unless a
specifiic bound period is shorter or longer as may be stated in this Agreement.
9.2 EJbjective. The Subrecipient shall operate the Property and the Improvements to
further the primary objective of the Housing & Community Development Act as outlined
~r 24 CFR 570 200 and 570 208 as each may be amended, and will acquire the Facil-
ity by Aprif 30, 2007, and provide programs tr~ help low and moderate income indivi-
duals and individuals w~th disabilities improve the quality of their lives and reach their
maximum potential for ~ndependence and at all times in accordance with HUD's
Commur:ity Development Block Grant regulations and guidelines and all local, State,
and ~ederal requirements and iaws
9.3 ~icensing. The Subrecipient shall obta~n and maintain any certificates and licen-
ses that are requ~red of the Subrecipient, the Property, and the programs offered at, on,
or in the Property by th~ United States, the State of Texas, the City, and any other
ager~cies having regulatory jurisdict~on over the Property and the Subrecipient.
9.4 ~ilaintenance. The Subrec~pient shall furnish all maintenance to the Property and
Improvements as necessary to maintain the Property and Improvements in good repair.
9.5 ~efaul#. In the event the Subrecipient ceases to operate the Property in
acc~dance with the terms of this Agreement or commits any other default in the terms
ef thi~ 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
repa~d, to take possess~on of the Property and all Improvements without recourse and to
dispc~se of such Property and Improvements in any manner the City deems necessary
ta reimburse the City.
VVesley ~c~mmunifir ~enter r=Y0506 Hgmt c~t~r,
Page 8 of 12
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9,6 No Liability. ;r rc, event ~s the C~ty liable for any contracts made by or entered into
by tne Subrecipie~t with any otf er person partnership. association, firm, corporation, or
governmental entity
9,7 hlotices.
jA) Atl notices, demanas, requests, or replies provided for or permitted under this
Agreement, by either party must be in writing and must be delivered by one of the
following methods ;1) by personal delivery; (2) by deposit with the United States
Postal Service as certified or registered mail, return receipt requested, postage
prepaid; (3) by prepaid telegram (4) by deposit with an overnight express delivery
serv~ce, for which service has been prepaid; or (5) by fax transmission.
(B) Notice deposited w}th the United States Postal Service in the manner described
above will be deemed effective two (2) business days after deposit with the United
States Postal Serv~ce Not~ce by telegram or overnight express delivery service will
be deemed effective one (" ~ business day after transmission to the telegraph com-
pany or overnight express ~larrier Notice by fax transmission will be deemed effec-
tive ~pon transmission, with proof of corfirmed delivery.
(~l All such communications must only be made to the following:
If to the City
If to the Subrecipient:
City a# Corpus Chr~sti
Attn Administrator, Community Dev. Div
P O Box 92?7
~orpus Christi, Texas 78469-9277
(361) 826-3045 Office
(361) 844-1 ?40 F~x
Wesley Community Center
Attn: Executive Director
P. O. Box 586
Robstown, TX 78380
(361) 880-8300 Office
(361) 880-6763 Fax
(D;~ Either party may cnange the address to which notice is sent by using a method set
out ~bove. The Subrecipient shall notify the City of an address change within 10
working days after the address is changed.
9.8 Nonassignment. The Subrecfpient may not assign, mortgage, pledge, or transfer
this Agreement or any ~nterest in the Property or Improvements without the prior written
can~ent o# the City.
9.9 Non~xclusive Services. Nothing in this Agreement may be construed as prohibi-
ting the Subrecipient from entering into contracts with additional parties for the perfor-
martce of services similar or identical to those enumerated in this Agreement, and no-
thing in this Agreement may be construed as prohibiting the Subrecipient from receiving
cor~tpensation from such addit~onal contractual parties, provided that all other terms of
this Agreement are fulfilled.
9.14 Bre~ch of Agreement. Notwithstanding any other provisions of this Agreement,
should the Subrecipient breach any section or provision of this Agreement including,
without limitation the failure tc pay taxes, assessments, or other government charges,
Wesley C~ammun~t~ t.:ente FY0506 tigmt doc Page 9 of 12
~he breach shall bE remedied ir acc,~~dance /vith subsection 3.3 of this Agreement and
a^y a#her~ appficabie 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.
T~e City !s entitled to reasonab~e attorneys fees in any court action arising out of this
Agreernent.
9.11 Mod'tfications. Modificat~ons to this Agreement are not effective unless signed by
a duly autharized representative of each of the parties to this Agreement. Modifications
wh~c;h da not change the essential scope and purpose of this Agreement may be ap-
prov~d on behalf of the City by the City Manager
9.12 Validity. If. fior any reasor any section, paragraph, subdivision, clause, phrase,
word, or provision of this Agreement ~s held invalid or unconstitutional by final judgment
of a court of competent ~urisdiction, ~t shall not affect any other section, paragraph, sub-
~ivisior, ~lause, phrase word, r,r provision of this Agreement, for it is the definite intent
of th~ parties to this Agreement that every section, paragraph, subdivision, clause,
phra~e word. and prov~sion of this Agreement be given full force and effect for its pur-
pase.
9.13 Jurisdiction and Venue. The laws of the State of Texas govern and are appli-
cable to any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces
Gounty Texas, where this Agreement was entered into and must be performed.
9.14 Cop~s of Rules and Regulations. Copies of some of the Federal rules and
regu~t~ons referenced ~n this Agreement have been provided to the Subrecipient at the
precontracting confererce as evidenced by the SubrecipienYs CDBG Compliance
Affid~v~t, which ~s attached to tl~~s Agreement as Exhibit C and incorporated in this
Agreement by reference. Any fiailure, by the City, to supply the Subrecipient with any
other Federal rules and regulations which may be applicable to the Subrecipient, its
Praperty the Improvements, CDBG `unding, or to recipients of Federal funds does not
waive the Subrecipient s required compliance in accordance with Federal law.
9.15 Disclosure of Interests. In complianee with Section 2-349 of the City's Code of
Ordinances, the Subrecipient shall complete the City's Disclosure of lnteresfs form,
which is at#achea to this Agreement as Exhibit D, the contents of which, as a
completed form are incorporated ir this doc~ment by reference as if fully set out in this
Agreement.
9.16 Ackt~owledgment of Funding Source. The Subrecipient shall give credit to the
City's CDBG Program as the project funding source in all presentations, written docu-
ments publicity. and advertisements regarding the Improvements. The Subrecipient
agrees to acknowledge the sponsorship of the City of Corpus Christi at any event
pramot~ng the project ar any other project sponsor.
(EXECUTION PAGES FOLLOW)
Wesley Crmmunity :enter ~=Y0506 A~mt doc Page 10 of 12
Exe~utec ir duplicate originais ±his ~,~}~ day of 4~ ~ ~ , 2007.
ATT~ST~ CITY OF CORPUS CHRISTI
Armando Chapa ~ ~ed~tje K. Noe
Gity ~ecretary City Manager
~ - J~,~„ AIJ 1 nu~,~~~-~
,
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Aprr~ved as t• form oniy: ~ X _. 2007
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Eliza~et . Hundley -
Assi~ta City Attorney '
for the City Attorney
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COl3NTY OF NUECES §
f re me on ~~ "" ~" " l~ , 2007,
This instrument was acknowledged be o
by George K Noe, City Manager of the City of Corpus Christi, a Texas home-rule
mur~icipal corporation, on behalf of the corporation.
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seal ) - ~-- .~:. U~^~~C~. ~' ~
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Notary Public, State of Texas
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Wes~ey Gommunity Cente~ FY0506 Agmt doc Page 11 of 12
SUBRECIPIENT: Wesley Community Center, Robstown, Texas
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Date
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Printed name
ACKNOWLEDGMENT
STA"~E OF TEXAS §
§
COI~ITY OF NUECES §
KNOW ALL BY THESE PRESENTS:
Tsis instr ment was acknowledged before me on ~ s~ , 2007,
~y !:,~. ~_ _____ _. the President of Wesley Community
Cen~er Robstown, Te~cas, ~1 Texas nonprofit corporation an behalf of the corporation.
1~ ' NAYDA PAREDEZ _~
Notary PubUc ~ r
~ ~ e~TATE OF TEXAS ~
~ Mrco~.~v-.~15.~ Notary lic, State of Texas
/Vesley Commurnty Genter FY0506 ,agmt dec
Page 12 of 12
„,~. _ , .,.~. _~,,.,.
PRELIMINARY BUDGET ~ CONSTRUCTION SCHEDULE
FY and Funds Program: FY~005/ CDBG
Project Name: Weslev Communitv Center
Orga~ization: Weslev Communitv Center
Total Project Cost: 5740,000.00
PR IMIR -RY BUDGET
o'e~,Financial R sources:
( unds available to complete your project)
AMOUNT
• Fund A Texas Methodist Foundation $ 630,000.00
• Capital Contribution Wesley Community Center $ 10.000.00
• FY 2005 CDBG Funding ..... . .......... ..... ........................ $ 100,000.00
TOTAL FUNDS AVAILABLE FOR PROJECT ... ........................... S 740.000.00
6rastirr~sd Expens~s:
~ ist e~rnated expense~ to comdete vour aroiect) such as:
AMOUNT
• Payment to Carmelite Nuns $740.000.00
~OTAL PROJECT COST........ .. _. ......... ..................... $ 740,000.00
(Funds needed for the Project)
"'OTE~ The "total funds available for the araecY' shall be eaual to the "total aroiect cost."
pR~IM RY ACQUt~ITION SCHEDULE
(Prc~cted ~tes for complebon of key project phases)
PROJECTED DATE
• Capital Campaign ... .. ...... . ........ ............September 2006 - December 2006
• Obtain Loan Texas Methodist Foundation .................................... December 2006
• Close Purchase .... ..... .......... ................................. Aaril 2007
EXHIBIT A
EXHIBIT B
INSURANCE REQUIREMENTS
Subtecipi~nt'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
B Su~ecipient must furn;sh 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 es required or all applicable policies.
TYPE OF INSURANCE I MINIMUM INSURANCE COVERAGE I
30-Day w~itten notice of cancellation, material Bodily Injury and Property Damage
change, non-r~newal or termination and 10 days
written r~tice of cancellation for non-payment of
premium is required on all certificates _
COMMERCIAL GENERAL LIABILITY incl~ding
Commercial Form
. Prernises - Operations
~ Products/ Completed Operations Hazard
4 Contractual Liability
~ lndependent Contracto~ s
6 Broad Form Property Damage
, Personallnjury
FIRF and EXTENDED COVERAGE
$1 000 000 Combined Sinqle Limit
At a minimum, amount sufficient to cover the
replacement cost of facilities and/ or building
City to be named as loss payee using standard loss
payee clause.
BUILDERS RlSK INSURANCE.
~ A91 Risks of Physical Loss; includ~~g collapse
ar~d transit corerage
Full value of any improvements constructed with
CDBG Funds provided under this agreement, so long
as work remains to be completed on such
improvements
C In the event of accidents of any kind, Subrecipient must furnish the Risk Managerwith copies
of all reports of such accidents within 10 days of the accident.
Go€rimu~ity Development B~ock Grant r rogram Subrecipient Agreements ins req.
1 ~-?5-05 ep Risk Mgmt
!I A~DITIONAL REQUiREMENTS
A. Certificate of Insurarce
~ 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 ~n the Fire and Extended Coverage coverage.
' If your insurance company uses the standard ACORD form, the cancellation clause
(bottom rightj 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"
ra At a minim~m 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 ff the Certificate of Insurance on its face does not show on its face the existence of
the coverage required by items 1.B {1)-(7), an authorized representative of the
insurance company must include a letter specifically stating whether items 1.B. (1)-7)
are included c~r excluded
END
Community Development Block Grant Prograr~ Subrecipient Agreements ins. req.
1G-25-05 ep Risk Mgmt.
EXHIBIT C
CDBG COMPLIANCE AFFIDAVIT
ST14TE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
C0~1NTY OF NUECES §
Dat~ ~ i ~-~ Y _.-
(.~ r ',c , . `c;,,_;, , ,,, ~ C;E- n~ ; ? ~~
Affi~ni: ~
Community Development Block Grant Subrecipient
Affi~nt, on oath, swears the following statements are true:
I _ _.~1=/~ ~--/~,`z~ ` LL- ~
of C=-~ -.sc L - ~._ ~~,f~Y~~~Y~~. ,
_ ,, am the .~~~/~~=~~ ~!~c-SiCYticz (title)
; ; ~--r ,~~-= ~~ , a Texas nonprofit
corporatian, which has applied for and been awarded Community Development Biock
Grant (°CDBG') Program funds administered by the City of Corpus Christi ("City"). Prior
to the start of the project for which CDBG f~ands have been awarded, as the representa-
tive o~ the above-named subrecipient orgarization ("SubrecipienY'), I met with City staff
and received copies o~ the foliowing Federal ruies and regulations:
C~MB Circular F-110 24 CFR 85.43 and 85.44
C~MB Circular A-122 24 CFR 570.200, 500, and 600 et. seq.
C~MB Circular ~-133 49 CFR Part 24, 24.101-24.104
?4 CFR Part 8~
F3v execution of this aff.idavit, ~ attest that I have received the above-listed Federal rules
and regulations City staff has explained thP rules and regulations, and I understand the
Subrecrpient's obligat~ons of performance under the rules and regulations. Further-
more i acknowledge that there may be additional Federal rules and regulations,
beyonc the rules and regulations listed above, to which the Subrecipient may be subject
tc ard with which the Subrec~pient must camply, in accordance with Federal laws.
By: ~ ~~,...,. ~
v~
l 5~- ~= ~-~~~~~
IBED before me the day of ~ ,-~986-
~ ~ ` NAYDA PAREDEZ ~
r ; .~ * ~,~,,, ~ - ;--~~
~ ~ S@~ ATE OF TEXAS ,~ ~•
>~ 9'~ e~'~•~•~15~~ ' Notary ~ ic, State of Texas
EXHIBiT D
...r....
°~ CITY OF CORPUS CffitISTI
D~BCLOStJRLr OF INTEREST
City of ..-0cdiaance 17112, as ammded, roc}uic+es alI persons or fums sedda~ to do busm~a tvith the City
~-~rv~is . iofaemadon. Every question must be answered. If the quesmn ~s noc a~plicable, answ~er with
NA`'. Sx ~werse for defia'ib'a~s.
COMPANY 1~iAME • t/~. ~"` ~ ~ r , t: `< ~>: , r~ ~ ,. , , r ,,~ _ ' ~ h1, -Z ~ -;
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p. o. sox ~ : ~ -~
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FtRM IS: ~. ~ ~`; 1 S. Other~( )() 3. Sok Owner ()
D~BCLO~SDRE QUT~STIONS
If ad~li~l i~t~ec~y, vse dro reverse side of d~is pa~a or sttach s~ame sbeet
1. Sile ~e ~"e~n~d~~of dte Cit~- af Co~pus C~ri~ having an o~vo~h~ inoa~' coo~ag 3%
or ma~+e owNrr~ip m the slrov~ aameo "l~m."
Name Job ~de and City Depart~aent (if known)
~ ~
~
Z. S1eme tf~e n~es of 1~ch "officiai" af the City of Corpus Christi having an "ownesship iaaa~est" consddrtiag 3% or
moe~e oftl~ownel~i~p in dza abov+e namod "firm."
Name ~ T'~tle .
, ~ ~;,,
3. ~e the a~ttes of ~tch ``boac+d ma~bar" of t6e C:ity of CorQus Chrisii I~aving sa "o~vnasai~ iat~' constit~ing
3y. or more of the ownership in t~ above oamed "firm "
Name Board, Commission, or Committee
f ~;
,
4. State the es af eaeh employee or offieer of a"eoasultaat" for the City of Corpas C~cisti who woriced on any
matter re to $e subject of iis contract and has an "ownership iate~st" coasoiaaring 3% or more of the
ow~nenhip' the ai~ove nacned `Lfirm."
Caaasultaat
`~~- ~ ,
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CERTII~TCATE
I artify alt i~tmation provided is we a~ coirxt as of the date of this
wif~teld ' f~aa~r informatict~ requested; aad that suppiemental sta~eme
City of C Chr~, Texas as cha~ges occur.
~ent ~at I have not kaowingly
nts ~~iIl be aromptly submitted to the
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Si~nsture of ~trtifyit~ Person: ~ ;~i~.~.. `~Cri,.L~ ~, Date: ..~~ ' / - ~: %