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HomeMy WebLinkAboutC2005-749 - 9/13/2005 - ApprovedGDBG SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF CORPUS CHR~STI AND THE COR~US CHRISTI POLICE ATHLETIC LEAGUE THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This agreement {uAgreemenf"} is made and entered into between the City of Corpus Christi, a Texas home-rule municipal carpacation ("City"), ac#ing through i#s City Manager or t~e Cify Manager's designee {"City Manager~), and the Corpus Chrisfi Police Ath3etic League ("Subrecipientn), a nonpro#it corporation organized under the laws of the State of Texas. WHEREAS, the Subrecipient has Eighty-one Thousand Nine Hundred Thirteen Dollars and 23 Cents ($81,913.23) of unexpended FY2004-2005 funds from t~e Community De~elopment Block Grant (uCDBG") Program #hat has been reallocated ~o a facility located at Ben Garza Park, Corpus Christi, Nueces Counfy, Texas, 78401, such facili#y being owned hy t~e City and e~ti[ized by #he Subrecipient ("Facility"); WHEREAS, the City has allocated Se~enty-fi~e Thousand Dollars ($75,000) from~ the FY2005-06 CDBG Program for car~struction o~ improvements to fhe Faci[ity; WHEREAS, the Ciky desires that safe and sanitary pub[ic facilities be provided for [aw and maderate income individuals and in~ividuafs with disabilities; WHEREAS, the Subrecipient desires to operate public facilities to provide such services to law a~d moderate income individua~s and ir~di~iduafs with disabi[ities within the Cify of Corpus Christi and #hraughou# tl~e communiiy served by the Subrecipient in conformity wit~ 24 CF'R 570.208, as amended; and WHEREAS, #he Ciiy wis~es to encourage the services provided by #~e Subrecipient and there being a yenUir~e ~eed for these services a~d for appropriate facilities ta provide suc~ services in tf~e City o# Corpus Christi; NOW, THEREFORE, the City and the Subrecipient agree as follows: SECTION '[. SCOPE, BUDGET, SCHEDULE, AND PAYMENT REQU[REMENTS. 1.1 ~cope of Work. The Subrecipient sha[I complete the work outlined in the €unding proposa! that was submitted and approved by tf~e City's City Council for FY2004-Q5 and #or FY2005-p6, s~ch proposals being incorporated into #his Agreem~n~ by reference as if fuIly set out in this Agreement. The SUbrecipient, through its contractors and subcon- ~_.._t___ _,__„ ___ _,. •- ,ts, to wit: deveiopment of fhree base~all fields, conces- 2005-749 ity system, storage, walking traii, and parking, to the 09/13/05 ~vements"). The ~mpro~ements wi~l be lacafed on real M2005-313 X_... . CCPD Athletic League Page 1 of 15 property ow~ed by the Ci~y and utilized by the Subrecipien# and ~ocated af Ben Garza Park, Corpus Christi, Nueces County, Texas. Far t~e purposes of this Agreement, the t~rm "Facili#y" collecti~ely includes the aforementioned real property and ar~y impro~e~ menfs existing thereon as of the date o# the Subrecipient's execution of ~his Agreement and includes, where appropriate and in context, the proposed [mprovements to be con- structed with the funding provided ~nder this Agreement. All lmpro~ements must be constructed in accordance with the plans and specifications ("Plans") p~epared by the Subrecipient's registered archi#ect or licensed pro#essional engineer retained pursuant to subsection 7.3. No construction may commence u~til the Plans are, approved by the Admi~istrator or the Administrator's desigr~ee ("Administrator"} of t~e City's Community Deve~opment Di~ision ("CDD") and by the Cify's Developmer~f Services Departmer~t {"Developmer~t Services"}. '[.2 Subrecipient Matching Funds Requiremer~~. The Subrecipient shali provide Zero Dollars ($0.00} ir~ matching funds #or the construction of Improvements to the Facility. [f Subrecipien~ is required under this Agreement to meet a matcF~ing funds requiremenf and fa~ls to meet any portion of the requirement, th~ Subrecipient's allocation wiil no# be disbursed, but is automatically forFeited and reve~ts to the City for inclusior~ in fu#ure CDBG Programs. 7.3 Budget and Construction Schedule. The Subrecipier~t has provided an esti- mated projec# budget and project construction schedu~e ("Projecf Be~dget and Con- truct~on Schedule") based upon the proposed lmpro~ements listed abo~e and as are ~~ described within this Agreement, whicf~ Project Budget and Construction Eichedule is at- tached to t~is Agreement as Exhibit A and is incorporated into this Agreement by referen~e. Ten day~ pr~or to the award of a€~y construction contract or subcon~ractor construction con#ract pursuant to this Agreement, the Subrecipient sfi~a~l ~ro~ide a ~nalized budgef, which must inc[ude a schedule of the detailed costs of construction, and a schedule of construction completion dates, w~ich must include a detail~d completion schedule for the various aspects of constructior~ for lmpro~ements to the F'acility, whicf~ document(s) wi(l then be substituted for the then existing Exhibit A ar~d become Exhibit A of this Agreement ~or all purposes under this Agreement. 1.4 Contents of Finalized Budget and Construction Schedule(s}. The fnalized b~adget must include line-ifem costs for each item referenced in subsect~on 1.1 a# this Agreement. The finalized budget must provide a detaiied presentation of pro~ected reso~rces and expenses. The ~inalized construction sc~edule for Improvements must reflect #he anticipated time~ine for the comp3etion of construction stages far each of the [mp~ovemen#s set out in subsectior~ '~.'[ of this Agreemertt, ~r~cluding, but ~ot ~imifed to, dates for the retentior~ of a registered architect or [icensed professional engineer, com- ple#ion of Plans, completion of conditions precedent to constructian, commencement of cons#r~ction, complefion o# construc#ion phases, and expected final completion da#e of the Impro~emen#s. 'i.5 Requests for Payment. (A) A[I requests for payment made ptarsuant to this Agreement must be submit~ed to the Administrator. CCPAL FY0506 Agmt.doc Page 2 of 15 (B) Prog~ess payments for the Improvemen#s will be made based upon the ~inalized bud~et and construction scheciule and the submittal and approval of appropriate documentation of the work completed, including, without limita#ion, fu~ly itemized American ~ns~itute of Architects ("A!A") forms. (C) No progress payments will be made w~fhout certification by the regis~ered architect or licensed professiona~ enginee~ that the phase to which the payment applies has been substantially completed ~or will any progress payment be made without an inspec#ion by sfaff o# CDD and Development Services and approvai by the Administrator and Development Services staff affirming that the wa~k has been completed. {D) The Adminisfrator may require that tt~e Subrecipien# provide a down date waiver and a subordination of inechanic's lien claims prior to any payment. (E) All payme~ts will be adj~sted according to the actua~ construction cost and the matching funds requirement, if any, and in no even# may any paymen# exceed the stated amount of this Agreement. AII requests for payments, excluding acquisition of pro~erty, will be prorated to reflect t~e Subrecipient's share of costs as per the appcoved finalized b~dget. 7.6 Approval of Fina[ized Budget and Construction Schedule(sj. Construction of lmpcovemenfs to #he Faciliiy may not commence prior to the Adminsstra#or's appro~ai o# the finalized budget and construction schedule requi~ed under subsectior~ '{.4 of fhis Agreement. The City will not reimburse any construction costs incurred by the Subre- cipient prior to the appro~al of the finalized budgef and construction schedule(s}, except for professianal services as may be allowed in the Admir~istrator's discretion. 1.7 Period~c Performances Reports. The Subrecipient shali submi# periodic perFor- mance reports to the Admi~istrator that recite progress for the period and ad~ising of any problems encountered. A performance report must be pro~ided with each request for payment. SECTION 2. RECORDKEEPiNG~ UNIFORM ADMlNlSTRATIVE REQUIREMENTS AND OTHER PROGRAM REQUiREMENTS. 2.'{ Construc~ion and Ope~ations Records. T~e Subrecip~ent shall provide access to all origir~al records, reports, and audi#s ir~c~uding, without limifation, aIl agreeme~ts and appraisals for the Facility; in~oices; payment and payrol! records; bank records; p~ans and specificatio~s for the Facilities; P~ans written and drawn pursuant to this Agree- ment; change orders; contracts between fF~e Subrecipie~t and ~ts contractor{s), between contractor{s) and their subcon#ractor(s), and beiween the S~brecipient and its regis- tered archi#ect(s) or licer~sed pro#essional engineer(s); communications and corres~on- der~ce ws#h regard to any contracts ar~d subcor~tracts pertaining to this Agreement; affi- davits executed pu~suant to this Agreemen~; documentation of ciientele being benefited by the Facility (i.e., number of persons being ser~ed, etc.) and the activity being carried out in the Facility which pertains to the construction or ope~atior~ of the Facility; and ali written obligations pursuar~t to this Agreement, including, but not limited to, all informa- CCPAL ~Y0506 Agm#.cioc Page 3 of 15 tion on matching f~nds required under this Agreement, if any, d~ring reg~lar business hours for any purposes of the City, the United States Depar#ment of Housing and Urban De~elopment ("HUD"}, or bo#h, to conduct audits at~d monitoring. 2.2 Eq~a1 Participation Documentatior~. The Subrecipier~t sha11 keep and provide ao- cess to r~cords document~ng comp(ianc~ with Section 109 of t~e Housing and Commu- nity Development Act of 1974 [42 United States Code {"U.S.C.") ~5309], as amended, which req~ires that no person shal~, on the ground of race, color, nafiona[ or'sgin, reli- gion, or sex, be excluded from participation in, be denied #he benefits of, or be sub- jected to discrimination under any program or acti~i#y funded in whole or in part with community de~elapment funds made available purs~ant to fhe Acf. Any prohibit~on against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended, or with respect to ar~ otherwise q~alifed disab[ed indi~idual, as provided in 29 U.S.C. §794, as amended, also applies to this Agreement. 2.3 In#ormation and Reports. The S~brecipient shall provide any information, reports, data, and forms per~inent to this Agreement as the Adminis#rator or staff of CDD may, from time to time, request for the proper administration of this Agreement. Addit~onally, Subrecipient shall adhere and comply with the reporting requirements mandated for the Performance Meas~rement System (PMS} administered by #he City as a conditior~ o# receiving funds under this Agreement. 2.4 OMB Circ~lars A-'i 1 U, A-122, and A~133, The Stabrecipient shall comply with the req~irements and standards o# United Sta#es' Offce of Management ar~d Budget ("OMB") Circ~lars A-1 'i 0, A-122, and A't 33, as each may be amended. 2.5 Compliance Documentation. The Subrecipier~t sf~all keep and provide access to records documenting compliance with the rules and regula#ions contained in Title 24, Chapter 570, et. se~., of #he Code of Fedecal Regu~atior~s {"CFR"), including, but not limited to, Subpatt K, Sectior~s 570.603, Labo~ Standards; 570.6Q7, Employment and Con#racti~g Opportunities; 570.fi08, Lead-Based Paint; 570.609, Use of Debarred, Suspended, or ~neligible Contractors or Subrecipien#s; 570.fi10, Uniform Administrati~e Requirements and Cost Principles; and 570.6'[ 1, Conflict of Interest. If there is a con- flict of i~#erest witf~ any employee, agent, consultant, officer, or member of the Board of Directors of the Subrecipien#, #he person w~th tE~e conflic~ and the nature of the conflict must be identified, by name and title, and submitted to the Administra#or prior to any costs being incurred at, in, or or~ t~e Facility with respect to construc#ion of the lm~ro~e- ments. 2.fi Equal Employment Opportur~ity. The Subrecipient sha[I comply wi#h a[I appli- ca~le Federaf Equaf Emp~oyment Opportunity regulations, ~ncluding, but not limited to, Executive Order '{ 1246, as amended, and Section 3 af the Housing and Urban De~eEap- ment Act of 1968 as set fortf~ in 24 CFR 570.607, as amended, and shall r~quire compli- ance with the aforementia~ed laws and regulafsons in al~ cor~tracts the Subrecipie~t enfers i~to with respect to construction of the improvements. 2.T Request for BidslProposals. The Subrecipient shall comply with requireme~ts of OMB Circular A-110, as amended, and al! Stafe and loca[ procurement requiremenfs with regard to sol~citation of bids and proposaEs for cor~sfruct~on of tfie Impro~ements to CCPAL FY0506 l~.gmt.doc Page 4 of '45 the Facili~y, if applicable, and shall provide such records fo representati~es of HUD, the City Manager, or the Admir~istrator upon req~es#. 2.8 Real Property Acquisition. The Subrecipient shall comply with requirements of 49 CFR Part 24, Subpart B, as amended, and all State an~ Iocal acquis.ition require- ments with regard to acquisition of property, if app~icable, and shall pro~ide such records to representatives of HUD, the City Ma~a~er, or the Administrator u~on request. 2.9 Disabled and Handica~ped Accessibifity. The Subrecipient shall comply with #~e Americans with Disabilities Ac# of 1990, as amended, and with the rules and regu- lations pub~ished in 28 CFR Part 36, as amended, and all State and loca! requirements regarding disabled accessibilify. 2.40 Religious ~rganizations. Tfie Subrecipien# shall comply with requiremeRts r~- ga~ding re[igious organizations, as set forth in 24 CFR 570.200(~), as amer~ded. SECTION 3. SUSPENS~ON AND TERMINATI~N. 3.'i Application of 24 CFR 85.43. T~e City may suspend or terminate this Agreement in accordance with 24 CFR 85.43, as amend~d, if the Subrecipient materialiy faiis to comply with any term of the CDBG Program award or th~s Agreement. 3.2 Application of 24 CFR 85.44. Tfi~is Agreement may be terminated for convenience in accordance with 24 CFR 85.44, as amended. ~ 3.3 Remedies for Non-compliance. Pursuant to t~e provisions cited in-Section 3 of this Agreement, to Federa! rules and regulations applicab~e tv the Subreci~ient, and to NUD guidelines, ~f any deficiencies are discemed by or through monitoring of #his Ag~eement, ~he Admin€strato~ may either temporarily withhoSd cash payments pending correction of t~e deficienc~es, disallow a~l ar part of the cost of the acti~ity oc action not in compliance, w~olly or partly suspend or termir~ate the current award, with~old further awards, or take a~y other r~medies that may be legally availab~e. 3.4 Termination Notice. Either party may terminate ~his Agreement, during #he term of this Agreement, as of the last day of any month upon thirfiy {30) days prior written no- tice. The party terminating this Agreement mt~st comply with subsectior~s 3.'i and 3.2 of this Agreement and all other pravisions of this Agre~ment pro~iding responsibilities in the event of termination. 3.5 Termination. Upon a teRnination of this Agreement, tf~e Subrecipient agrees to refund to the Ci#y all CDBG Program fund~ expended on construction of the Facility and lmprovements. If fhe Subrecipient canr~ot refund all such money witi~in thirty (30} days of the termination ~ot~ce, the City may take whatever action is necessary to reim4urse the City as se# ou# in 24 CFR 85.43 and 85.44, as each may be amended. Notwi#h- standi~g this provision, ~he Reversion af CDBG Funds pro~ision, set out in Section 4 of this Agreement, also applies to the Subrecipien#'s CDBG Progfam funds ot~ ~and, ac- counts reces~ab[e, and real property ~nder the Subrecipient's contro[. CCPAt FY0506 Agmt.doc Page 5 a# 15 SECTION 4. REVERSION OF CDBG FUNDS. 4.'[ Facility and Improvements Used to Meet National Objecfive and Same Business Purpose. The Subrecipien#'s Facility and all Improvements must be used to meet ane of the r~a#ional objecti~es set forth in 24 CFR 57Q.208, as amended, during the #erm of this Agreement and for one year following the date of final completion o~ the constructivn of the lmpro~ements or one year following the da#e of the las# disburse- ment of CDBG funds under this Agreement, whichever is longer. In addition, t~e Sub~e- cipi~nt shall use the Facility and a~l Improvements for the same b~siness purpose as that which existed on the date af fhe Subrecipient's exec~#io~ of this Agreement for a pe~iod of fve (5) years following the dat~ of final comp[etion of the construc#ion of the impro~ements or ~ollowing the date of #he last disbursement o~ CDBG funds under this Agreemenf, wh~chever is longer. 4.2 Facility and Improvements No# Used fo Meet Na#iona! Objec#ive and Same Business Purpose. In t~e event that the Subrecipient's Facility or any Impro~ements are not ~sed to meet one of the national objecti~es or the same business purpose €or the lengt~ of time specified in subsection 4.1 0# this Agreement, #hen the Subrecipient shall reimburse the City for t~e CDBG funds received by the Subrecipient as fol[ows: (A) Failure to meet national objective: The Subrecipient must reimburse the total award o# CDBG funds recei~ed under t~is Agr~ement. (B) Failure to use Facility or any Improvements for same business purpo~e: Prorated reimbursement as a fractional amount, the r~umerator being the number o# months that the St~brecipienYs Facility or any Improvements failed to be used #or the same business pt~rpose as that which existed on the date o€ the SubrecEpient's execution of t~is Agreement and the denominatar being fi0, multi~Zied fioy tY~e #ota~ amount of CDBG funds received by the Subreci~ient under this Agreement. 4.3 No Election of Remedies. Resort, by t~e City, to a remedy under s~bsection 4.2 of tf~is Ag~eement, or another remedy provision set out in this Agreement, does not bar the application and use of any other remedy allowed by law or that may be enforced by t~e City pursuant to 24 CFR 570.503, as amended. SECTION 5. PROGRAM INCOME. 5.1 Disposition of Program ~ncome. Program income received by #he Subtecipient as a result of this Agreement, if any, may be retained by the S~a~recipient. Any such program income must be used to operafe public facil~ties to provide ser~ices to fow and modera#e income indi~iduals and indi~idual~s with disabilities within the City of Corpus Chris~i and t~roughou# the community served by tf~e Subreciptent ir~ conformity with 24 CFR 570.208, as amended. The Subrecipient shall report program income to the Ci#y anr~ual[y, during #F~e term of this Agreement, not iater than August 31 for the previous year ending Juiy 31. 5.2 Accounting for Program Income. The Subrecipient shall comply with OMB Ciccular A-110, as amended, with reference to program ~ncome, if applicable. CCI'A~. FY0506 Agmt.doc Page 6 a# 15 SECTION 6. INSURANCE AND INDEMNITY PROVISIONS. 6.1 insurance. The Subrecipien~ shall have in force, throughout the term of th~s Ag~ee- ment, insurance that comp~ies with the standards in Exhibit B, a copy of which is at- fached to this Agreement and is i~corporated in tY~is Agreemen# ~y reference. A certifi- cate to that effect m~st be provided to the City's Risk Manager ("Risk Manager") ar~d th~ Admin[stra~or at least #en (10) days prior to any construction. Failure to main#ain any of the types and limits of the insurance required by Exhibit B is cause for fhe City to terminate this Agreement and cancel any and al~ reimbursements of CDBG funds to t~e Subrecipient. 6.2 Notice to City. The Subrecipient shalI require i#s insurance campanies, written po~icies, and certificates of insurance to provid~ that tF~e City must be giver~ thirty (30) days advance notice by the insurer prior to cancelfation, nonrenewal, or ma#erial chaRge of #he insurance policies required by Exhibit B. Fa~lure to maintain such insura~ce wiA be cause for the City fo take control of the Facility and all [m~ro~emen#s, cancel any claim that #he Subrecipient may have to t~e ~se of the Facility ar~d Improvements, and cancel any and all reimbursements of CDBG fur~ds to the Subreci~ient. 6.3 Right to Re~valuation and Adjustment of Limifis. The Risk Manager retains the right #v re-e~afuate the ir~surance requiremenfs during the term of this Agreement and adjust the types and l~m~ts of sucF~ insurance upon thirty {30) days wcitten notice to tY~e Subrecipient. Insurance types a~d limits may not be adjus#ed more frequen#ly #han once per year. ~ 6.4 lndemnifcation. (A) The Subrecipient covenanfs and agrees thaf it will inafemn~fy and hotd Cify harmless of, from, and against all claims, demands, ac- tions, damages, losses, cos~s, liabilltfes, expenses, and judgments recovered from or asserted against fhe City on account of injury or damage fo persons or properfy {including, wifhout limitation on the foregoing, workers' compensation, death, and prernises de- fects) to the exfent any such damage or injury may be incfdent ~o, arise ouf of, or be caused, either proximafely or remotely, wholly or in parf, by an act or omissr"on, negligence, or misconducf on the part of the City, its officers, employees, or agenfs ("lndemnitees"), acting pursuant fo fhis Agreemenf and wifh or wlthout the express or implied invi#ation or permiss~on of ~he Subrecipienf, or ort the parf of fhe Subrecipient or any of its agenfs, servanfs, employees, contracfors, pafrons, guesis, ricensees, orlnvi#ees enfering upon the Facil~i~r be~ng improved or used pursuanf i~o ~his Agreement, or when any such injury or alamage is fhe result, proximafe or re- rnofe, wholly or in part, of fhe violafion by lndemn~fees, fhe Subre- cipienf or any of ifs agenfs, servanfs, employees, confracfors, pafrons, guests, licensees, or invifees of any law, orafr"nance, or CCPAL FY05p6 Agmt.doc Page 7 of 15 governmental order of any kind, or when any such injury or dam- age may in any other way arise from or ouf of the Improvemenfs being constructed af fhe Facility or out of the use or occupancy of fhe lmprovemenfs fo fhe Facitify or the Facitity itself hy Indemni- fees, fhe Subrecipient, or any of its agenfs, senranfs, employees, contracfors, patrons, guesfs, lrcensees, or invitees, and including, wifhout limitafion, any damages or cosfs which may occur as a resulf of the design of the Improvements fo fhe Facility, fhe bid ding process, actual construcfiorr of the lmprovements fo fhe FaW cilify, adminisfration of fhe consfruction confracts by the City or ifs designee, failure of fhe Improvements to the Facili#y prior tv the completion and acceptance of the lmprovemenfs by fhe Cify and the Subrecipient jointly, failure of fhe Improvements fo the Facilify fo work as designeaf, failure of any contractor, subconfractor, or manufacturer fo honor its warranties, or failure of fhe Subrecipient to maintain the Improvemenfs to fhe Facilify or the Facility ifself. (B) These terms of indemnificafron are effective upon the date of exe- cution of this Agreemenf and whether such injury or afamage may resulf from fhe sole negligence, contribufory negligence, or con- current negligence of Indemnr'tees, but nof if such damage or in- jury may resulf from the gross negligence or wiltfu! mrsconducf of Indernnitees. (C} The Subrecipfent covenanfs and agrees thaf, ~n case fhe City is made a party fo any litigafion against the Subrecipient or in any litr"gafion comrnenced by any pariy other than fhe Subrecipient relating to this Agreemenf and the Improvemen#s fo fhe Facillty contemplated under fhis Agreement, the Subrecipien~ shall, upon receipt of reasonable notrce and at ifs own expense, rnvestiga#e all claims and demands, affend fo fheir seftlement or ofher disposi- fion, defend the City in aIl ac#ions based fhereon wifh legal coun- sel satisfactory fo the Cify A~orney, and pay al! charges of ai- forneys and all other cos#s and expenses of any kind whafsoever arising from any said claims, demands, actr'ons, damages, losses, costs, Iiabilities, expenses, or~'~rdgmenfs. (D) The provisions of this secfion survrve the fermination or expr`ra#ion of fhis Agreernenf. CCPAL ~Y0506 Agr~t.doc Page 8 of 15 SECTION 7. SUBRECiPCENT'S REQUIREMENTS. 7.1 Precon#racting and Preconsfruc#ion Conference. The Subrecipient has at- tended a precontracting conference with City representati~es. The Sub~ecipient and all of its iden#ified contractors and subcontracto~s m~st attend a precons#ructio~ confer- ence with City representatives. Failure to do so may res~lt in the Su~recipient being ineligible to receive t~e CDBG funds awarded and a~located to t~e Subrecipient under t~is Agreement. 7.2 P[edged Contribu#ion. The Subrecipient shall provide any additional fur~ds needed for the completion of the Improvements. The Subrecipient shali pra~ide can- celed checks ar other proaf as may be required by the Adminis#ratar as proo# of the contri~ution. ~ 7.3 Prepare Pians and 5pecifications. The Subrecipient shall retain a registeced architecf or licensed professional enginees- in accordance with OMB Circtalar A-110, as amended, to prepare the Pians as~d to inspecf all ~mpro~ements to ensure conformity with final plans and specifications submitted to ~he Administrator. 7.4 Professional Servic~s. The Subrecipient shall retain pcofessiona~ se~-vices and all necessary contractors for construction of the ~mprovemertts ir~ accardance witt~ OMB Circu[ar A-1 'i 0, as amended, and construct Impro~ements to the Facili#y in accordance with final plans and specifications and fhe sc~edule submitted to CDD as set out in sub- sections 1.1 and 1.3 0# this Agreem~nt. TF-e Board of Directors of the Subrecipient sha~l ens~re tl~at professional services, relating to the construction o# the Improvemen#s, are retained and that the constr~ction of the im~rovemer~ts is supervised. 7.5 Change Order Proced~are. A change order procedure must be institu#ed to make changes in the Plans or specifications or to decrease or increase t~e quantity of work to be performed or materials, equipment, or supp~ies to be furnished for #he Impra~emen#s to tf~e Facility. The Subrecipient shaq submit a[I change ocders fo the Admin~strator #or approval prior to the change order becomin~ ~ffective. Any money expended by the Subrecipien# pursuant to a chang~ o~der at~d prior to submitta[ and ap~roval of such chang~ order is not reimb~rsable, and the Subrecipient shall bear al! such costs associated with unapproved cha~ges. 7.6 Staff and Adminis#ra#ive Support. The Subrecipient sha11 pro~ide sufficient staff and adminis#rati~e s~pport to supervise the construction of the [mprovements #o the Facility. 7.7 Use of Funds. The SubsecFpient co~e~ants t~at aIl CDBG f~nds expended under this Agreement will be used solely for the activities described in this Agreement. The Subr~cip~e~t shall reimburse the City for afl funds expended for ac#i~ities not rela#ed #o the purpose and ac#i~ities described in this Agreement or that violate Federa! or State ~aws. 7.8 Accounting and Audi#. The Subrecipie~t shall record financial tra~sactions ac- cording to approved accounting procedures and pro~ide an independer~t audit of t~e ex~enditures in accordance with OMB Circu[ar A-133, as amended. Such audit must be CCPAL FY0506 Agmt.doc Page 9 of 15 ~ ~ compl~ted within ninety {90) days after the Impro~ements #o the Facility were com- pleted. A copy of the audit must be pro~ided to th~ City within thirty (30} days of com- pletion of the audit. If the audit shows discrepancies between amot~nts charged the Subrecipient and amounts reimbursed to the Subrecipient by the City, a resolufion of the discrepancies mus# be made within si~y (60} days from receipt of the audit by the City. lf the Subrecipient owes the Cifiy money in resolution of the ~ESCre~ancies, the money must ~e paid wi#hin ninety (90) days from receipt of the audit by the City or the Subrecipient is in defaui# pursuant to this Agreemen#. 7.9 CompEetion Dafe of Construct~on. The Subrecipient shali compfete consfruction of tY~e Improvemenfs to the Facility ir~ accordance with the approved Plans and Specifi- cations by May 31, 2007. ~f the S~b~ecipient is rer~dered unable to carry o~t the te~ms of this subsection, t~e Subrecipien~ shal! ~romptly give the City written notice of such delay together with reasonable particulars concerning i#. The Administratar may extend the construction time schedule for such time as may be deemed necessary and justi#ied, provided, ~owe~er, that the extension of the construction t~me schedule does not exceed the term of this Agreement. (An ex#ension o~ the term is addressed in Sec tion 9.) SECTION 8. C[TY'S REQUiREMENTS. 8.9 Commit~ment of Fundi~g for lmprovements of Facility. The City shall provide the Subrecipient up to Eighiy-one Tho~sand Nine Hundred Thirteen Dollars and 23 Cents ($81,9'f 3.23} from the City's FY2004-05 CDBG Program and ~p to Seventy-fi~e Thousand Doliars ($75,000) from tt~e City's ~Y2005-06 CDBG Program for Imprave- ments to the Facilitjr as described in Section 'f of this Agreemer~t and in accordance with the accepted bid, budget, and construct4on schedules made a part qf this Agreement, subject to fhe S~brecipient's compl~ance wi#h the provisions of fhis Agreement. 8.2 Additiona~ Funds. Nothing in this Agreement may be construed as requir~ng ~he City to provide additional construction funds to the Subrecipien# at any #ime in the future. -- SECTlON 9. GENERAL PROVjS[ONS. , 9.1 Term. This Agreement terminaYes June 30, 200~. Extensions to ~he term of this Agreement may be requested by the Subrecipient and approved by the City Manager. However, the Subrecipient is bound by al{ co~enants, #erms, and conditions of this Agreement including, witho~tt limitation, recordkeeping, far a period ofi six {6) years com- menc4ng on the date of the Subrecipient's executsan of ~his Agreement, unless a specific bound period is shorter or ~onger as may be stated in this Agreement. 9.2 Objective. The Subrecipien# shal! opera#e the Facility and the lmprovements to further the primary objective of tf~e Housi~g & Community ~evelopment Act as outSined in 24 CFR 570.200 and 570.208, as ~ach may be amended, and wilf impro~e the Facil- itjr by May 31, 2007, and pro~ide programs to F~efp low and maderate income individuals and individuals with disabilities improve the quality of their lives and reach their maxi- mum potential for independence and at al~ times ir~ accordance with HUD's Commun~ty Development Block Grant regulations and guidelines and ail iocal, State, and Federal requiremen#s and laws. CCPAL FY0506 Agmt.doc Page 10 of 15 9.3 Licensirtg. The Subrecipient shall obtain and main#ain any certi~cates and licen- ses that are required of the Subrecipient, the Facility, ar~d #he programs offered at, on, or in the Facility by the Uni#ed States, the State of Texas, the City, and any other agencies havir~g reg~latory jurisdiction over the Facility and the Subrecipient. 9.4 Maintenance. T~e Subrecipier~t shall fumish a11 maintenance to the Facili#y and [mprovements as necessary ta maintain fhe Facility and Impro~ements in good repair. 9.5 Default. 1n #~e event the Subrecipient ceases to operate the ~aciiity in accordance with t}~e terms of this Agreemen# or commits any other default in the terms o~ this Agreement, the City is hereirt specifical~y authorized to demand reimbursement of the CDBG funds paid to the Subrecipie~t and, in tF~e ev~nt the City is r~ot promptly repaid, to take possession of the Facility and all lmprovements without recourse and to dispose of such Facility and impro~ements in any manner the City deems necessary to reim~urse the City. 9.6 No Liabi[i#y. In no event is the City liab~e ior any contracts made by or en#ered ir~#o by the Subrecipient with any other person, partnership, association, firm, corporation, or governmer~#al entity. 9.7 Notices. (A) All notices, demands, requests, or replies provided for or permitted und~r this Agre~ment, by either parly must be in writ~ng and must be deli~ered ~y one of the following methods: (1) by personal delivery; {2) by deposit with the Unifed States Posta[ Service as cerfified or registered mail, re#urn receipt requested, postage ~repaid; (3) by prepaid telegram; (4} by deposit wifh an overr~ight express delivery service, for which service has been prepaid; or (5) by fax transmission. {B) Notice deposited wi#h the United States Postal Ser~ice in ~he ma~ner described above will be deemed effecti~e two (2} bt~sir~ess days after deposit with the United States Postal Service. Notice by telegram or o~ernight express deli~ery service wiil be deemed effecti~e one {1) btasiness day after transmission to t~e telegraph com- pany or overnigh# express carrier. Notice by ~ax transmission will be deemed effec- ti~e upon transmission, wi#h proof of cflnfit'med delivery. . (C) All such communicafions must only he made to the following: I~ to the Citv: City af Corpus Chrisfi Attn: Administrator, Comm~anity Dev. ~iv. P. O. Box 9277 Corpus Christi, Texas 76469-9277 (361 } 826-3045 Office (361) 844-174~ Fax If to the S~brecipier~#: C. C. Police Ath[etic League Attn: Executi~e D~rector 32'f John Sartain Corpus Christi, Texas 78401 (361) 882-7325 Office (361) 882-1908 Fax CCPAL ~YU50fi Agmt.dac ~ Page 1~i of 15 (D) Either party may change the address ta which no#ice is sent by using a mefhod se# out above. The Subrecipient s~alf notify the Ci~y of an acidress change within 10 working c~ays after the address is cF~anged. 9.8 Nonassignmenf. The Subrecipient may not assig~, mortgage, pledge, or transfer this Agreement or any interest in the Facility or Improvements without the prior written consent of fhe City. 9.9 Nonexcl~sive Services. Nothing in this Agreement may b~ oonstrued as prahibi- ting t~e Subrecipient from entering into contracts with add~tional parties for the perfor- mance of services simi[ar or identica! to those enumerated ~n t~is Agreement, and Ro- thing in this Agreement may be construed as prohibiting ~he Subrecipien# from receiving comper~sation from such additional contractual part~es, pro~ided #hat all other terms of this Agreemenf are fulfilled. 9.'f0 Breach of Agreemer~t. Notwithstanding any other provisions of this Agreement, should #he Subrecipient breach any section or pro~ision of this Agreement i~cluding, without limitation, the faiiure to pay taxes, assessments, or other go~ernment charges, the breacf~ shaq be remedied in accordance wit~ subsection 3.3 of fhis Agreement and any other applicabEe subsections. if repayment is required as a remedy, other remedies may be ptarsued, as deemed necessary by t~e City Manager, if repayment is not made. T~e City is ~ntitled to reasonabte attorneys fees in any court action arising out of this Agreement. t 9.'l'i Modificativns. Modifications to this Agreement are no# effecti~e unless signed by a duly a~thorized rep~esentati~e of eac~ of the parties to this Agreement. Mo~ifications which do not change the esser~tial scope and ~urpose of this Agreement may be ap- proved on behalf o~ the C~ty by tf~e City Managet~. 9.12 Validity. if, for any r~ason any section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement is held in~alid or uroconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, sub- division, clause, p~rase, word, or p~ovision of #his Agreement, for it is #he definite intent of the parties to this Agreement #hat e~ery section, paragrapt~, subdivisior~, clause, phrase, word, and pro~ision of fhis Agreement be gi~en ful~ foice and effect for its ~ur- pase. 9.13 Jurisdic~ion and Venue. The laws o# the State of Texas go~ern and are appii- cable to any dispute arising und~r th~s Agr~ement. Venue is ir~ Corp~s Christi, Nueces County, Texas, where this Agreement was entered i~to and must be pertormed. 9.14 Warraniy from Con~ractor. Upon th#~ Subrecipient's receiQt of a copy of fhe ArchitectlEngineer's ce~ificate of substantial completion, the Su~recipient shall o~ly look to the architects, engineers, contractors, subcontractors, mar~ufacturers, and #heir respecti~e warranties to remedy at~y defects in design, woricmanship, or materials, and the Subrecipient co~enants and agrees that the Ctty has no responsibility for any de~ fects o# any kind or nature wha#soever, e~en if it is alleged such defect is due to the Ci#y's neg[igence. The City must be a third party bene~ciary fo the Subrecipient's CCPAL ~Y0506 Agmt.dac Page 'i2 of 15 con#racts eff.~ctit~g fhe Improvements, ar~d al! warranties and duties under s~ch con- tracts must be in favor of the Subrecipier~# and the City. 9.15 Copies of Ru[es and Regc~lafions. Copies of some of the Federal rules and regulatians referenced in this Agreement ha~e been pro~ided to the Subfecipien# at #he precontracting conference as e~idenced by the Subrecipient's CDBG Compliance Affida~it, which is attached to this Agreement as Exhibit C and incorporated in t#~is Agreement by reference. Ar~y faiIure, by the City, fo supply the Subrecipient with any other Federa[ rules a~d reguiations which may be applicable to the Subrecipient, its Facilify, the Improvements, CDBG funding, or to reci~ients of Federa~ funds does no# wai~e the Subrecipzen#'s req~aired compliance i~ accordance with Federal law. 9.1fi Disclosure of lnterests. lr~ compliance w~th Section 2-349 of the City's Code of OrdEnances, the Subrecipie~t shall camplete the City's Disclosure of Inferesfs form, which is aitached to this Agreement as Exhihit D, the contenfs of which, as a completed form, are incorporated in this document by reference as if fu1[y set out in this Agreement. 9.47 Acknowiedgment of Funding Source. The Subrecipient sl~all g~~e credi# to #he City's CDBG Program as the project funding source i~ all pr~sentatior~s, written docu- men#s, publicity, and ad~ertisements regarding the impro~ements. The Subrecipient agrees tv acknowledge the sponsorship of the City of Carpus Christi at any e~ent promoting the projec~ or any other projec# sponsor. (EXECUTION PAGES FOLLOW] CCPAL FY0506 Agmt.doc Page 13 of 95 ' , zaa6. Executed in duplicate origir~als fhis ~ day of ('~[ _ _ ATTEST: Armando Chapa City Secre#ary CI O~ CORPUS CHRtSTI George K. Noe City Manager Approved as #o form or~ly: ~~~ ~ r ~ , 2006 ~ ~ -313 ~~-~~~~~~ ~..,~-~ ~ ~ [ ~-~`S ~`r EEizabeth R. H Iey ~ C~ft~H~~~ ~~ Assistant City Attorney . for the City Attomey - sEC~E7~,~ ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § ~ ~[ This inst~ument was acknowiedged before me on ~ , 2006, by George K. Noe, City Manager of the Cify of Corpus Chcisti, a Texas home-rule municipal corporation, on b~half of fhe corparation. (seal) Notary Public, State of Texas Yo1~Y'~ Connie Pa[ks F `;~ty My Commission Expires ~i~~~~~ November p9, 2007 CCPAL FY0506 Agmt.doc Page 14 af 15 CORPUS CHRiSTI POLICE ATHLETIC LEAGUE /D - ,/o -c~ _ Date ACKNOWLEDGMENT STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This i stru ent was acknowlsdged before me on ~i~b`o t~r- ld , 2006, by ~Ac7~.~~~ ~_ ~o w a~s , the Executi~e Director of the Corp~s Christi Police Athletic League, a Texas nonpro~it carporatio~ on behalf of the corpora- tion. ~ ~. ~' s~ ~t1~lA K4S~~ WELI.S ~` =~'r' `Nafyry Pu6~c~ Stakaaf Teocas ~*: ~ ~y~~ Notary Public, State of Texas '~~ ~.... ~~~RUARY 21, 2007 '~ u CCPAL. FY0506 Agmt.dac Page 95 of 15 ~ Printed name ~ ~~~ I~~ # ~T ~ Corpus Christi Police Ath~etic League PO Box 9572 Corpus Chrisfii, TX. 784b9 3b1-883-2725- Of fice 361~-438-8554- Cel! www.cc al.or FY04 & FY05 CDBG Program Corpus Christi Po[ice Athletic League {CCPAL] Preiiminary Budget Sco e Fencing for 3 baseball ~ields: We plan on using part of the existin fencin at Ben Garza for the Bronco Fie~d. Bud et $80,913 Irrigation for all feids: TY~is cost is for supplies or~ly. We plan on rovidin the labor. Install Sod $2~,000 $5,000 Add Red Dirt ~~ ~~~a Buiid Concession Stand $44,5a0 To#at Pro'ect Cost $456,913 Funds Available FYQ4 CDBG Pro ram $81,913 FYD5 CDBG Pro ram $75,000 Total Funds A~ailable $'156,913 FY04 & FY45 C~BG Program Corpus Christi Police Athletic League (CCPAL) Pre[iminary Construction Schedule Begin demolition of existing field ~~n~ ~~ Dig lines for sewer and wafer lines that w~ll be used June 25 RestroomslConcessionlirrigation . Begin dirt work needed to get the correct grades for the three July 1 Bafl fie~ds Stake out the three ball fields July 15 Beir~g construction of the three fields by~putting up the fencing Jul 2~ and backstops P~ace infield sod and red dirk on the fields_ September Begin construction of #he concess~on stand and restrooms Octo~er ~ (Contingent an funding a~ailability) Sg~. David Mor:ris President, CC--PAL EXH[BIT B INSURANCE REQUIREMENTS I. Subrecipient's Liability Insurance A. Subrecipient must not commence work under this agreement all insurance ~equired herein has been obtained and such insurance has been approved by the City. Subrecipient must not allow ar~y subcoRtractor #o commertce work ur~til al~ similar insurance required of t~e subcon#ractor has be~n obtained. B. Subrecipien# musf furnish to the Ciijr's Risk Manager and to the Departmen# or Division responsible for this agreement, 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 addit~onal insured for all liability policies, and a~lanket wai~er of subroga#ion is required on aq applicab~e policies. TYPE OF 1NSURANCE MINIMUM ENSURANCE COVERAG~ 30 Day writfen notice of cancellation, material Bodily lnjury and ProperEy Damage change, non-renewal or termination fs req~ired on all certiFcates COMMERCIAL GENERAL [.IABIL.ITY including: 'f 000 000 Combined Sin !e Limit 1. Commercial ~orm 2. Premises - Operations 3. Productsl Completad Operations Hazard 4. Contractua~ Liability 5. Independent Contractars 6. Sroad ~orm Property Damage 7. P~rsonallnjury ~1RE and EXTENDED COVERAGE At a minimum, amount sufFicie~t to co~er the replacement cost of facilities andl or building City to be named as loss payee using standarci loss payee clause. BUILDERS RiSK [NSURANCE F'ull ~alue of any improvements canstructed with 1. AII Risks o# Physicaf Loss; including calEapse CDBG Funds provided under this agreement, so long and transit coverage as woric remains to be completed or~ such impravements C. In the e~ent of accidents of any kind, Subrecipient m~€s# furnish ti~e Risk Manager with copies of all repo~ts of such accidents within 10 days of ti~e accident. Commun~ty Development Blodc Grant Prograrr~ Subreapient Agreemen4s ins, req. 8-1406 ep Rislc Mgmt. fl. ADDITIONAL REQUIREMENTS A. Certi~icate of Insurance: * The Cify of Cor~us Christi must be name~ as an additionai insured on the liability coverage, and a blanket wai~er of subrogation on a!I applicable ~olicies. * The City of Corpus Christi must be r~amed as loss payee using a standard loss payee clause on #he Fire and Extended Coverage coverage. * Ef you~ Ensurance company uses the standard ACORD form, the cancellation clause {bottom rig~t) musf be amended by adding the wording "cha~tged or" 6etween "be" and "canceled", and defe#ing the words, "endea~or to", and deleting #he wording after "left". 1n the aifernative, a policy endorsement providing the required canceAation language wil~ be accepted. In lieu of modification of the ACORD fo~m, separate policy endorsements addressing the same substanti~e requirements are mandatory. The name of the project must be fisted unde~ "Descr~ption of Operafior~s" At a minim~m, a 30-day written notice of cancellatior~, non-renewal, ma#erial char~ge or termination is requiced. B. If the Certificate of lnsurance on i#s face does not show on its face th~ existence of the co~erage required by items 1.6 (3)-{7), an authorized representati~e of the insurance company must include a letter specificaSly stating whether items 'I .B. (1)-7) are incl~aded or excluded. END Community Deve~o~ment 81odc Grant Program Subrecipient Agreerr~ents ins. req. &14-U6 ep Risk Mgmi. EXHIBIT C CDBG COMPLIANCE AFFIDAV[T STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: C~UNTY OF NUECES § Date: A~ant: ~~ Affant, on oath, swears tF~e fopowing statements are true: ~ / !, ~ . d~'Y`i S , am #he f ~S'. ~dE~' ~ (title) , - of ~c r' ~ ~ , a Texas nonprofit corporation, which has applied for and been awarde~ Communiiy De~elo~ment Block Gcant ("CDBG") Program funds administered by the City af Corpus Christi ("City"). Prior to fhe star~ of tf~e project for which CDBG funds have been awarded, as fihe represenfa- tive of the above~named su~recipient orgar~izatior~ ("Subrecipient"), I met with City staff and received copies of the following Federal rules and regulations: 4MB Circular A-'{ 10 24 CFR 85.43 and 85.44 OMB Circular A-122 24 CFR 570.20D, 500, and 600 et. seq. OMB Circular A-133 49 CFR Part 24, 24.'~01-24.104 24 CFR Par~ 84 By execution of this affida~it, I attest that I have recei~ed the abo~e-listed Federal ru~es and regu~ations, City staff has explained the rules ar~d regU~atior~s, and I ur~derstand the Subrecipier~t's obliga#ions of performance under the rules and regulations. Further- more, l acknowledge that there may be additiona~ Federa~ rules ar~d regulations, beyond tf~e rules and regulations €isted a to, and with which fhe Subreci~ient must which the Subrecipient may be sub~ect , in accordance w~~ Fede~al 1aws. By: SWORN TO AND SUBSCRiBED before me the ~day of ~~~ , 2006. r~~ ui~ ^ f~~~GR *~ ~LW ~`4. ~ P~ IYI ~~ ~s E* Sta~e Gi 7mca5 ~~ -,~'{ ~yc«~~ Notary Public, State of Texas '~ ~~ . FEBRUARY 21, 2007 „~, o- o-Q EXHIBiT D ~ ..._ . ...~.. , ~~ n~rsci.°o~ oF ~ ctinsa City of Carpa~ Chrisli Ordinattce 17112, as amcadcd, rcc~uuiress aii persons or firms ~ m do ~useuess with thn City ~ide th~ failowing informa~ion. Evcry qacstiaa m~st be answ~ere~_ If the que~ ~ na appiicabie, aasw~ar with " See revessc side for dofuutiaas. , C4hII'ANY NAMF :I _ u -~ ~~ ~r ~ , `C ~ rc Ir ~. P. O. BUX: 7-5 ~~. - ~ / -- - /~/ ~ sTREET: ^ r~Y: ~J (=~'~r~ .7~: ~~ ~ ~s: i. c~~ 1 ~. ~~ - c ~ - s~ko~~ , . . 4. Associauan ~ ~ S. Uther~( ) ~ DLSCLUSURE QUF•S"ITONS If atdditionai spa~x is necessa,ry. piease use the rev~e sidt af this page or ~ s~aratic stveet , 1. S~bc tt~c flames of'ea~h "c.mpioy+cd' of d~e Cit~- of Carpus C~rist~ having aa owr~a~r~ inoa~' constitzmug 3% ~ or more of the ownership ia the ~ovc named "firm." ~ Namc Jab Title az-d City Depaitment (if kaown) ~ ~ _ • 2. St~c tke aaumes of audi "affcial" af the Ci'ty of Cor~as Chcisti having an "awaashi~ inxaes#" cons#itutiag 3°lo ar ma~+ee oft~e awnership ia thc at~ave namaT"firm." ~ w NsiRC T~rtIC . ~, ~ ~ -- 3. Siatie thc aames of each "t~oard mem6et" of thc C'~of~Ca~s Christi having aa "v~vn~ai~ icetia~est" cat~uting 3% or morc flf t~te owncrship in the at~ove named " Name ~ Boar~d., Caminission, ar Cammittec ~~ 11~ __ .._ . 4. S~ the s~ames ofea~h ompioyee or o~icxr of a"consuEtau~' for the City of Ca~pus C~risti wlio work,ed an any matter related to t#~e su~ject of ttus com~ aad has an "ownership interes~' c~ng 3% or morc of the oarncts~ip in t~c above nazned "firm " ~ Cos~svlta~tt ~ ~ 4 ~~jCa4.~' ~~{y ~t ~1 ' on provided is tr~c and carrxt as af thc da~e of this sta~emen,t~ t~at i have nat knawinglY wit~held disclusta•e ormatian rcqttested; and that supplemetrtai s~atemc~ts a.-iII be aromptfy submif#ed to tfie City of Coipus ' chaagcs . ~ ~~n J~ ~{y~~~p~ ~ !~! ' / T"ttlC: ~S`/~ ~ siga~sre of ' g rorson: ~ nat+e: ,/~~-,~D =-~'~