HomeMy WebLinkAboutC2006-509 - 10/11/2006 - NACDBG SUBRECIPIENT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND THE
CORPUS CHRISTI POLICE ATHLETIC LEAGUE
THE 3TATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COU~ITY OF NUECES §
This agreement ("Agreement") is made and entered into between the City of Corpus
Chrisf~, a Texas home-rule municipal corporation ("City"), acting through its City
Man~er or the City Manager's designee ("City Manager"), and the Corpus Christi
Police Athle#ic League ("Subrecipient"), a nonprofit corporation organized under the
laws of the State of Texas.
WHC-~tEA3, the Subrecipient has Eighty-one Thousand Nine Hundred Thirteen Dollars
and 23 Ce~ts ($81,913.23) of unexpended FY2004-2005 funds from the Community
Deve~opment Block Grant ("CDBG") Program that has been reallocated to a facility
located at Ben Garza Park, Corpus Christi, Nueces County, Texas, 78401, such facility
being owned by the City and utilized by the Subrecipient ("Facility");
WH~EA3, the City has allocated Seventy-five Thousand Dollars ($75,000) from the
FY2~5-06 CDBG Program for construction of improvements to the Facility;
WH~EAS, the City desires that safe and sanitary public facilities be provided for low
and moderate income individuals and individuals with disabilities;
WH~tEA~, the Subrecipient desires to operate public facilities to provide such services
to low and moderate income individuals and individuals with disabilities within the City of
Corpt~s CFtristi and throughout the community served by the Subrecipient in conformity
with 24 CFR 570.208, as amended; and
WH~EA$, the City wishes to encourage the services provided by the Subrecipient
and there being a genuine need for these services and for appropriate facilities to
provide such services in the City of Co~pus Christi;
NONt, TH~REFORE, the City and the Subrecipient agree as follows:
SECTION 1. SCOPE, BUDGET, SCHEDULE, AND PAYMENT REQUIREMENTS.
1.1 ~cope of Work. The Subrecipient shall complete the work outlined in the funding
proposal that was submitted and approved by the City's City Council for FY2004-05 and
for FY2005-06, such proposals being incorporated into this Agreement by reference as
if fully set aut in this Agreement. The Subrecipient, through its contractors and subcon-
tractors, shall make improvements, to wit: development of three baseball fields, conces-
n~~~ ^+~~~' ,..:~~ ~~~`~~~ms, security system, storage, walking trail, and parking, to the
2006-509 ~~°~mprovements"). The Improvements will be located on real
10/ll/06
Page 1 of 15
cc~ P:~L ! NDEXED
property owned by the City and utilized by the Subrecipient and located at Ben Garza
Park, Corpus Christi, Nueces County, Texas. For the purposes of this Agreement, the
term "Facili#y" collectively includes the aforementioned real property and any improve-
ments existing thereon as of the date of the Subrecipient's execution of this Agreement
and includ~s, where appropriate and in context, the proposed Improvements to be con-
structed with the funding provided under this Agreement. All Improvements must be
constructed in accordance with the plans and specifications ("Plans") prepared by the
Subrecipient's registered architect or licensed professional engineer retained pursuant
to subsection 7.3. No construction may commence untit the Plans are approved by the
Administrator or the Administrator's designee ("Administrator") of the City's Community
Development Division ("CDD") and by the City's Development Services Department
("Development Services").
1.2 5ubre~ipient Matching Funds Requirement. The Subrecipient shall provide Zero
Dolla~s ($0.00) in matching funds for the construction of Improvements to the Facility. If
Subrecipient is required under 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 and reverts to the City for inclusion in future
CDBG Programs.
1.3 ~udg~t and Construction Schedule. The Subrecipient has provided an esti-
mated project budget and project construction schedule ("Project Budget and Con-
truct~n ~hedule") based upon the proposed Improvements listed above and as are
desct~ibed within this Agreement, which Project Budget and Construction Schedule is at-
tached to this Agreement as Exhibit A and is incorporated into this Agreement by
reference. Ten days prior to the award of any const~uction contract or subcontractor
construction contract pursuant to this Agreement, the Subrecipient shall provide a
finalized budget, which must include a schedule of the detailed costs of construction,
and a schedule of construction completion dates, which must include a detailed
completion schedule for the various aspects of construction for Improvements to the
Facility, which document(s) will then be substituted for the then existing Exhibit A and
became Exhibit A of this Agreement for all purposes under this Agreement.
1.4 Contents of Finalized Budget and Construction Schedule(s). The finalized
budc~et must include line-item costs for each item referenced in subsection 1.1 of this
Agreement. The finalized budget must provide a detailed presentation of projected
resources and expenses. The finalized construction schedule for Improvements must
refleet the anticipated timeline for the completion of construction stages for each of the
Improvements set out in subsection 1.1 of this Agreement, including, but not limited to,
dates for the retention of a registered architect or licensed professional engineer, com-
pletion of Plans, completion of conditions precedent to construction, commencement of
construction, completion of construction phases, and expected final completion date of
the Improvements.
1.5 Requests for Payrnent.
(A) All requests for payment made pursuant to this Agreement must be submitted to
the Administrator.
CCPAL FY0506 Agmt.doc Page 2 of 15
(B) Rrogress 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
American Institute of Architects ("AIA") forms.
(C) No progress payments will be made without certification by the registered architect
or licensed professional engineer that the phase to which the payment applies has
been substantially completed nor will any progress payment be made without an
inspection by staff of CDD and Development Services and approval by the
Administrator and Development Services staff affirming that the work has been
completed.
(D) The Administrator may require that the Subrecipient provide a down date waiver
and a subordination of inechanic's lien claims prior to any payment.
(E) All payments will be adjusted according to the actual construction cost and the
match~ng funds requirement, if any, and in no event may any payment exceed the
stated amount of this Agreement. All requests for payments, excluding acquisition
o# property, will be prorated to reflect the Subrecipient's share of costs as per the
approved finalized budget.
1.6 l~ppro~al of Finalized Budget and Construction Schedule(s). Construction of
Improvements to the Facility may not commence prior to the Administrator's approval of
the finalized budget and construction schedule required under subsection 1.4 of this
Agreement. The City will not reimburse any construction costs incurred by the Subre-
cipient prior to the approval of the finalized budget and construction schedule(s), except
for professional services as may be allowed in the Administrator's discretion.
1.7 Periodic Performances Reports. The Subrecipient shall submit periodic perfor-
manc~e reports to the Administrator that recite progress for the period and advising of
any problems encountered. A performance report must be provided with each request
for payment.
SECTION 2. RECORDKEEPING, UNIFORM ADMINISTRATIVE REQUIREMENTS
AND OTHL~t PROGRAM REQUIREMENTS.
2.1 Construction and Qperations Records. The Subrecipient shall provide access to
all or~ginal records, reports, and audits including, without limitation, all agreements and
appraisals for the Facility; invoices; payment and payroll records; bank records; plans
and specif'rcations for the Facilities; Plans written and drawn pursuant to this Agree-
ment; change orders; contracts between the Subrecipient and its contractor(s), between
contractor(s) and their subcontractor(s), and between the Subrecipient and its regis-
tered archi#ect(s) or licensed professional engineer(s); communications and correspon-
dence with regard to any contracts and subcontracts pertaining to this Agreement; affi-
davit~ executed pursuant to this Agreement; documentation of clientele being benefited
by the Facili#y (i.e., number of persons being served, etc.) and the activity being carried
out in the Facility which pertains to the construction or operation of the Facility; and all
written obl~gations pursuant to this Agreement, including, but not limited to, all informa-
GCPAL FY0506 Agmt.doc Page 3 of 15
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tion an matt~ing funds required under this Agreement, if any, during regular business
hours for any purposes of the City, the United States Department of Housing and Urban
Development ("HUD"), or both, to conduct audits and monitoring.
2.2 Equal Participation Documentation. The Subrecipient shall keep and provide ac-
cess to records documenting compliance with Section 109 of the Housing and Commu-
nity Development Act of 1974 [42 United States Code ("U.S.C.") §5309], as amended,
which requires that no person shall, on the ground of race, color, national origin, reli-
gion, or sex, be excluded from participation in, be denied the benefits of, or be sub-
jected to discrimination under any program or activity funded in whole or in part with
community development funds made available pursuant to the Act. Any prohibition
against discrimination on the basis of age under the Age Discrimination Act of 1975, as
amended, or with respect to an otherwise qualified disabled individual, as provided in 29
U.S C. §794, as amended, also applies to this Agreement.
2.3 Information and Reports. The Subrecipient shall provide any information, reports,
data, and forms pertinent to this Agreement as the Administrator or staff of CDD may,
from time to time, request for the proper administration of this Agreement. Additionally,
Subrecipient shall adhere and comply with the reporting requirements mandated for the
Performance Measurement System (PMS) administered by the City as a condition of
receiving funds under this Agreement.
2.4 ~MB Circulars A-1 "~0, A-122, and A-133. The Subrecipient shall comply with the
requit~ments and standards of United States' Office of Management and Budget
("OA~3") Cireulars A-110, A-122, and A-133, as each may be amended.
2.5 Gompiiance Documentation. The Subrecipient shall keep and provide access to
records documenting compliance with the rules and regulations contained in Title 24,
Chap~er 570, et. seq., of the Code of Federal Regulations ("CFR"), including, but not
limited to, Subpart K, Sections 570.603, Labor Standards; 570.607, Employment and
Contracting Opportunities; 570.608, Lead-Based Paint; 570.609, Use of Debarred,
Sus~nded, 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 af interest with any employee, agent, consultant, officer, or member of the Board of
Direetors o# 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
costs being incurred at, in, or on the Facility with respect to construction of the Improve-
ments.
2.6 ~qual Employment Opportunity. The Subrecipient shall comply with all appli-
cable Federal Equal Employment Opportunity regulations, including, but not limited to,
Executive Order 11246, as amended, and Section 3 of the Housing and Urban Develop-
ment Act o# 1968 as set forth in 24 CFR 570.607, as amended, and shall require compli-
ance with t~e aforementioned laws and regulations in all contracts the Subrecipient
enters into with respect to construction of the Improvements.
2.7 Request for Bids/Proposals. The Subrecipient shall comply with requirements of
OMB Circular A-110, as amended, and all State and local procurement requirements
with regard to solicitation of bids and proposals for construction of the Improvements to
CCPAL FY0506 Agmt.doc Page 4 of 15
the F~cility, if applicable, and shall provide such records to representatives of HUD, the
City Manac~er, or the Administrator upon request.
2.8 Real Rroperty Acquisition. 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 to representatives of HUD, the City Manager, or the Administrator upon request.
2.9 Disab~d and Handicapped Accessibility. The Subrecipient shall comply with
the Americans with Disabilities Act of 1990, as amended, and with the rules and regu-
lations published in 28 CFR Part 36, as amended, and all State and local requirements
regarding disabled accessibility
2.10 Reli~ous Organizations. The Subrecipient shall comply with requirements re-
garding religious organizations, as set forth in 24 CFR 570.200(j), as amended.
SECTION 3. SUSPENSION AND TERMINATION.
3.1 A4pplication 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 of the CDBG Program award or this Agreement.
3.2 Application of 24 CFR 85.44. This Agreement may be terminated for convenience
in accordance with 24 CFR 85.44, as amended.
3.3 ~emed'ees 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 guide~ines, if any deficiencies are discerned by or through monitoring of this
Agreement, the Administrator may either temporarily withhold cash payments pending
correction o# the deficiencies, disallow all or part of the cost of the activity or action not
in compliance, wholly or partly suspend or terminate the current award, withhold further
awards, or take any other remedies that may be legally available.
3.4 Term~nation 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-
tice. The party terminatirtg this Agreement must comply with subsections 3.1 and 3.2 of
this Agreement and all other provisions of this Agreement providing responsibilities in
the e~rent of termination
3.5 Termination. Upon a termination of this Agreement, the Subrecipient agrees to
refund to tMe City all CDBG Program funds expended on construction of the Facility and
Improvements. If the Subrecipient cannot refund all such money within thirty (30) days
of the termination notice, the City may take whatever action is necessary to reimburse
the City as set out in 24 CFR 85.43 and 85.44, as each may be amended. Notwith-
standing this provision, the Reversion of CDBG Funds provision, set out in Section 4 of
this Agreement, also applies to the Subrecipient's CDBG Program funds on hand, ac-
counts receivable, and real property under the Subrecipient's control.
CCPAL FY0506 Agmt.doc Page 5 of 15
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SECTION 4. REVERSION OF CDBG FUNDS.
4.1 Facility and Improvements Used to Meet National Objective and Same
Busi~ss ~urpose. The SubrecipienYs Facility and all Improvements must be used to
meet one o# the national objectives set forth in 24 CFR 570.208, as amended, during
the term of this Agreement and for one year following the date of final completion of the
construction of the Improvements or one year following the date of the last disburse-
ment of CD~G funds under this Agreement, whichever is longer. In addition, the Subre-
cipient sha(I use the Facility and all Improvements for the same business purpose as
that which existed on the date of the Subrecipient's execution of this Agreement for a
period of five (5) years following the date of final completion of the construction of the
Improvements or following the date of the last disbursement of CDBG funds under this
Agreement, whichever is longer
4.2 Facility and Improvements Not Used to Meet National Objective and Same
Business Purpose. In the event that the Subrecipient's Facility or any Improvements
are not used to meet one of the national objectives or the same business purpose for
the lerigth of time specified in subsection 4.1 of this Agreement, then the Subrecipient
shall reimburse the City for the CDBG funds received by the Subrecipient as follows:
(A) Failure to meet national objective: The Subrecipient must reimburse the total award
o# CDBG funds received under this Agreement.
(B) Failure to use Facility or any Improvements for same business purpose: Prorated
reimbursement as a fractional amount, the numerator being the number of months
that th~ Subrecipient's Facility or any Improvements failed to be used for the same
business purpose as that which existed on the date of the Subrecipient's execution
of this 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 other remedy allowed by law or that may be enforced by
the City pursuant to 24 CFR 570.503, as amended.
SEC~ION 5. PROGRAM INCOME.
5.1 ~isp~ition 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 in+come must be used to operate public facilities to provide services to low and
mod~rate income individuals and individuals with disabilities within the City of Corpus
Christi and throughout the community served by the Subrecipient in conformity with 24
CFR 570.208, as amended. The Subrecipient shall report program income to the City
annually, during 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.
CCPAL FY0506 Agmt doc Page 6 of 15
SECTlON 6. INSURANCE AND INDEMNITY PROVISIONS.
6.1 Insurance. The Subrecipient shall have in force, throughout the term of this Agree-
ment, insurance that complies with the standards in Exhibit B, a copy of which is at-
tachad to this Agreement and is incorporated in this Agreement by reference. A certifi-
cate to that effect must be provided to the City's Risk Manager ("Risk Manager") and
the Administrator at least ten (10) days prior to any construction. Failure to maintain
any of the types and limits of the insurance required by Exhibit B is cause for the City to
terminate this Agreement and cancel any and all reimbursements of CDBG funds to the
Subrecipient.
6.2 I~otice to City. The Subrecipient shall require its insurance companies, written
polici+~:s, and certificates of insurance to provide that the City must be given thirty (30)
days advance notice by the insurer prior to cancellation, nonrenewal, or material change
of the insurance policies required by Exhibit B. Failure to maintain such insurance will
be cause for the City to take control of the Facility and all Improvements, cancel any
claim that the Subrecipient may have to the use of the Facility and Improvements, and
cancel any and all reimbursements of CDBG funds to the Subrecipient.
6.3 Right to Re-evaluation and Adjustment of Limits. The Risk Manager retains the
right fio re-~valuate the insurance requirements during the term of this Agreement and
adjus# the types and limits of such insurance upon thirty (30) days written notice to the
Subrecipient. Insurance types and limits may not be adjusted more frequently than
once per year.
6.4 ~ndemnification.
(A) The ~ubrecipient covenants and agrees that it will indemnify and
hold City harm/~ss of, from, and against all claims, demands, ac-
~ons, damages, losses, costs, liabilities, expenses, and judgments
recorered from or asserted against the City on account of injury or
damsge to persons or property (including, without limitation on
~fie f~egoing, v~~orkers' compensation, death, and premises de-
~ects) to the extent any such damage or injury may be incident to,
~rrise out of, or ~ caused, either proximatefy 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"),
actirr~ pursuan~ to this Agreement and with or without the express
or i-nplied invita#ion or permission of the Subrecipient, or on fhe
part of the Subrecipient or any of its agents, servants, employees,
contracfors, patrons, guests, licensees, or invifees entering upon
the F~cility being improved or used pursuant to this Agreement, or
when any such injury or damage is the result, proximafe or re-
mote, wholly or in part, of the violation by Indemnitees, the Subre-
cipie~et or any of its agents, servants, employees, contractors,
patrons, guests, /icensees, or invitees of any law, ordinance, or
GCPAL FY0506 Agmt.doc Page 7 of 15
governmental order of any kind, or when any such injury or dam-
age r~y in any o#her way arise from or out of the Improvements
~ing constructed at the Facility or out of the use or occupancy of
tt~e /rnprovements to the Facility or the Facility itself by Indemni-
tees, the Subreci~ient, or any of its agents, servants, emp/oyees,
contractors, patrons, guests, licensees, or invifees, and including,
without limifation, any damages or costs which may occur as a
resul# of the design of the lmprovements to the Facility, the bid-
ding process, actual construction of the lmprovements to the Fa-
cility, administrafion of the construction contracts by the City or
its d~signee, failure of the lmprovemenfs to the Facility prior to fhe
completion and acceptance of the Improvements by fhe City and
t~he Subrecipient jointly, failure of the Improvements to fhe Facility
t~ 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.
(B) These terms of indemnification are effective upon the date of exe-
cutian of this Agreement and whether such injury or damage may
resu~# from the sole negligence, contributory negligence, or con-
current negligence of Indemnitees, but not if such damage or in-
jury r~ay result from the gross negligence or wiUful misconduct of
lndemnitees.
(C) The ~ubrecipient covenants and agrees that, in case fhe City is
made a party to any litigation against the Subrecipient or in any
~tiga~ion commenced by any par(y other than the Subrecipient
relati~tg to this Agreement and the lmprovements to the Faci/ity
contemplated under this Agreement, the Subrecipient shall, upon
rece~pt of reasonable notice and at its own expense, investigate all
c/aims and demands, attend to their settlement or other disposi-
tion, defend the City in al! actions based thereon with legal coun-
sel sa~tisfactory to the City Attorney, and pay all charges of at-
torneys and all other costs and expenses of any kind whatsoever
~risi~g from any said claims, demands, actions, damages, /osses,
costs, liabilities, expenses, or judgments.
(D) The provisions of this section survive the termination or expiration
of th/s Agreement.
GCPAL FY0506 Agmt.doc Page 8 of 15
SECTION 7. SUBRECIP~ENT'S REQUIREMENTS.
7.1 Rreco~#racting and Preconstruction Conference. The Subrecipient has at-
tended a precontracting conference with City representatives. The Subrecipient and all
of its identified contractors and subcontractors must attend a preconstruction confer-
ence with City representatives. Failure to do so may result in the Subrecipient being
ineligible to receive the CDBG funds awarded and allocated to the Subrecipient under
this Agreement.
7.2 Rledgtc! Contribution. The Subrecipient shall provide any additional funds
needed for the completion of the Improvements. The Subrecipient shall provide can-
celed checks or other proof as may be required by the Administrator as proof of the
contribution.
7.3 Prepare Plans and ~pecifications. The Subrecipient shall retain a registered
archi~ect or licensed professional engineer in accordance with OMB Circular A-110, as
amertded, to prepare the Plans and to inspect all Improvements to ensure conformity
with final pl~ns and specifications submitted to the Administrator.
7,4 Professional Services. The Subrecipient shall retain professional services and all
necessary contractors for construction of the Improvements in accordance with OMB
Circular A-110, as amended, and construct Improvements to the Facility in accordance
with ~inal plans and specifications and the schedule submitted to CDD as set out in sub-
sections 1.1 and 1.3 of this Agreement. The Board of Directors of the Subrecipient shall
ensure tha# professional services, relating to the construction of the Improvements, are
retained and that the construction of the Improvements is supervised.
7,5 Chan~ Order Procedure. A change order procedure must be instituted to make
changes in the Ptans or specifications or to decrease or increase the quantity of work to
be pertormed or materiats, equipment, or supplies to be furnished for the Improvements
to the Facility. The Subrecipient shall submit all change orders to the Administrator for
approval prior to the change order becoming effective. Any money expended by the
Subr~cipient pursuant to a change order and prior to submittal and approval of such
change order is not reimbursable, and the Subrecipient shall bear all such costs
associated with unapproved changes.
7.6 ~taff and Administrative Support. The Subrecipient shall provide sufficient staff
and administrative support to supervise the construction of the Improvements to the
Facility.
7.7 Use o~f Funds. The Subrecipient covenants that all CDBG funds expended under
this Agreernent will be used solely for the activities described in this Agreement. The
Subr#ecipient shall reimburse the City for all funds expended for activities not related to
the purpos~ and activities described in this Agreement or that violate Federal or State
laws.
7.8 AccoWnting and Audit. The Subrecipient shall record financial transactions ac-
cord'rng to approved accounting procedures and provide an independent audit of the
expendituraes in accordance with OMB Circular A-133, as amended. Such audit must be
CCPAL FY0506 Agmt.doc Page 9 of 15
com~eted within ninety (90) days after the Improvements to the Facility were com-
pleted. A copy of the audit must be provided to the City within thirty (30) days of com-
pletion of the audit. If the audit shows discrepancies befinreen amounts charged the
Subrecipient and amounts reimbursed to the Subrecipient by the City, a resolution of
the discrepancies must be made within sixty (60) days from receipt of the audit by the
City. If the Subrecipient owes the City money in resolution of the discrepancies, the
money must be paid within ninety (90) days from receipt of the audit by the City or the
Subrecipient is in default pursuant to this Agreement.
7.9 Comp~etion Date of Construction. The Subrecipient shall complete construction
of the Improvements to the Facility in accordance with the approved Plans and Specifi-
cations by May 31, 2007. If the Subrecipient is rendered unable to carry out the terms
of this subsection, the Subrecipient shall promptly give the City written notice of such
delay toget#~er with reasonable particulars concerning it. The Administrator may extend
the construction time schedule for such time as may be deemed necessary and
justified, provided, however, that the extension of the construction time schedule does
not exceed the term of this Agreement. (An extension of the term is addressed in Sec-
tion 9.)
SECTION 8. CITY'S REQUIREMENTS.
8.1 Comr~tittment of Funding for Improvements of Facility. The City shall provide
the Subrec~ipient up to Eighty-one Thousand Nine Hundred Thirteen Dollars and 23
Cents ($81,913.23) from the City's FY2004-05 CDBG Program and up to Seventy-five
Thou~and Dollars ($75,000) from the City's FY2005-06 CDBG Program for Improve-
ments to the Facility as described in Section 1 of this Agreement and in accordance with
the accepted bid, budget, and construction schedules made a part of this Agreement,
subject to the Subrecipient's compliance with the provisions of this Agreement.
8.2 Addit~onal Funds. Nothing 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 June 30, 2007. Extensions to the term of this
Agr~ment 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, without limitation, recordkeeping, for a period of six (6) years com-
mencing on the date of the Subrecipient's execution of this Agreement, unless a specific
bound perFOd is shorter or longer as may be stated in this Agreement.
9.2 ~bjecfive. The Subrecipient shall operate the Facility and the Improvements to
further the primary objective of the Housing & Community Development Act as outlined
in 24 CFR 570.200 and 570.208, as each may be amended, and will improve the Facil-
ity by May 31, 2007, and provide programs to help low and moderate income individuals
and 'rndividuals with disabilities improve the quality of their lives and reach their maxi-
mum potential for independence and at all times in accordance with HUD's Community
Development Block Grant regulations and guidelines and all local, State, and Federal
requirements and laws.
GCPAL FY0506 Agmt.doc Page 10 of 15
9.3 Licensing. The Subrecipient shall obtain and maintain any certificates and licen-
ses that are required of the Subrecipient, the Facility, and the programs offered at, on,
or in the Facility by the United States, the State of Texas, the City, and any other
agencies having regulatory jurisdiction over the Facility and the Subrecipient.
9.4 aAaintenance. The Subrecipient shall furnish all maintenance to the Facility and
Improvements as necessary to maintain the Facility and Improvements in good repair.
9.5 Default. In the event the Subrecipient ceases to operate the Facility in accordance
with the terms of this Agreement or commits any other default in the terms of this
Agreement, the City is herein specifically authorized to demand reimbursement of the
CDBG funds paid to the Subrecipient and, in the event the City is not promptly repaid, to
take possession of the Facility and all Improvements without recourse and to dispose of
such Facility and Improvements in any manner the City deems necessary to reimburse
the City.
9.6 No Liability. In no event is the City liable for any contracts made by or entered into
by the Subrecipient with any other person, partnership, association, firm, corporation, or
govemmental entity.
9.7 Moticss.
(A) All notices, demands, 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
Se1VICE, for which service has been prepaid; or (5) by fax transmission.
(B) Notice deposited with 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 Service. Notice by telegram or overnight express delivery service will
k~ deemed effective one (1) business day after transmission to the telegraph com-
pany or overnight express carrier. Notice by fax t~ansmission will be deemed effec-
tive upon transmission, with proof of confirmed delivery.
(C) All such communications must only be made to the following:
tf to tl~ Citv:
If to the Subrecipient:
City of Corpus Christi C. C. Police Athletic League
Attn; Administrator, Community Dev. Div. Attn: Executive Director
P. O. Box 9277 321 John Sartain
Corpus Christi, Texas 78469-9277 Corpus Christi, Texas 78401
(361) 826-3045 Office (361) 882-7326 Office
(361) 844-1740 Fax (361 } 882-1908 Fax
CCPAL FY0506 Agmt.doc Page 11 of 15
(D) Either party may change the address to which notice is sent by using a method set
out above. The Subrecipient shall notify the City of an address change within 10
working days after the address is changed.
9.8 l~onassignment. The Subrecipient may not assign, mortgage, pledge, or transfer
this Agreement or any interest in the Facility or Improvements without the prior written
consent of the City,
9.9 Nonexclusive Services. Nothing in this Agreement may be construed as prohibi-
ting the Subrecipient from entering into contracts with additional parties for the perFor-
manae 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
compensation from such additional contractual parties, provided that all other terms of
this Agreement are fulfilled.
9.10 Brean~h of Agreement. Notwithstanding any other provisions of this Agreement,
shou~l the Subrecipient breach any section or provision of this Agreement including,
without limitation, the failure to pay taxes, assessments, or other government charges,
the breach shall be remedied in accordance with subsection 3.3 of this Agreement and
any o#her applicable subsections. If repayment is required as a remedy, other remedies
may be pursued, as deemed necessary by the City Manager, if repayment is not made.
The City is entitled to reasonable attorneys fees in any court action arising out of this
Agreement.
9.11 Mod~cations. Modifications to this Agreement are not effective unless signed by
a duly authorized representative of each of the parties to this Agreement. Modifications
which do not change the essential scope and purpose of this Agreement may be ap-
proved on behalf of the City by the City Manager.
9.12 Valic#i#y. If, for any reason any section, paragraph, subdivision, clause, phrase,
word, or provision of this Agreement is held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it shall not affect any other section, paragraph, sub-
division, clause, phrase. word, or provision of this Agreement, for it is the definite intent
of the parties to this Agreement that every section, paragraph, subdivision, clause,
phrase, word, and provision of this Agreement be given full force and effect for its pur-
pose.
9.13 Jurisdiction and Venue. The laws of the State of Texas govern and are appli-
cable to any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces
County, Texas, where this Agreement was entered into and must be performed.
9.14 Warranty from Contractor. Upon the SubrecipienYs receipt of a copy of the
Archi#ecUEngineer's certificate of substantial completion, the Subrecipient shall only
look to the architects, engineers, contractors, subcontractors, manufacturers, and their
respective warranties to remedy any defects in design, workmanship, or materials, and
the Subrecipient covenants and agrees that the City has no responsibility for any de-
fects of any kind or nature whatsoever, even if it is alleged such defect is due to the
City`s negligence. The City must be a third party beneficiary to the Subrecipient's
CCPAL FY0506 Agmt.doc Page 12 of 15
..,. . ~ ~. . ..~. , e....._ . ~~
contracts effecting the Improvements, and all warranties and duties under such con-
tracts must be in favor of the Subrecipient and the City.
9.15 Copies of Rules and Regulations. Copies of some of the Federal rules and
regul~tions referenced 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 reference. Any failure, by the City, to supply the Subrecipient with any
other Federal rules and regulations which may be applicable to the Subrecipient, its
Facility, the Improvements, CDBG funding, or to recipients of Federal funds does not
waive the Subrecipient's required compliance in accordance with Federal law.
9.16 Disclasure of Inter~sts. In compliance with Section 2-349 of the City's Code of
Ordinances, the Subrecipient shall complete the City's Disclosure of lnterests form,
which is attached to this Agreement as Exhibit D, the contents of which, as a
comp~ted form, are incorporated in this document by reference as if fully set out in this
Agreement.
9.17 Ackrtowledgment 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
promoting the project or any other project sponsor.
(EXECUTION PAGES FOLLOW)
CCPAL FY0506 Agmt.doc Page 13 of 15
4 1
Executed in duplicate originals this ?' day of
ATTEST;
~
-___t -
Armando Chapa
City Secretary
Approved as to form only:
/
~~ ~~ , 2006.
CITY OF CORPUS CHRISTI
o K. Noe
ity Manager
~ ~% , 2006
~ t_
~' . , ~~. ~: .:~
~:~
~ Elizabeth R. Hun ley
~ Assi~ant City Attorney
for the City Attorney
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUl~iTY OF NUECES §
`~~~~~,,, ~ (
This mstrument was acknowledged before me on ` , 2006,
by George K. Noe, City Manager of the City of Corpus Christi, a Texas home-rule
municipal corporation, on behalf of the corporation.
r .
~
(seal) ~-~~'~,~,,~"~l'l- ~~.'~Z° ~
Notary Public, State of Texas
' ~1TpY PV~r Connie ParkS
.%
Z ~~ My Comm~ssion Expires
~~ ~'~~ ~l~~ November 09. 2007
€.- ~f --------
CCPaL FY0506 Agmt doc Page 14 of 15
St~R~CIP~ENT: CORPUS CHRISTI POLICE ATHLETIC LEAGUE
r
%~ i f ~/ ~,
Printed name
J- i~•/o~ ~~~
Date
4/'y'~ t
ACKNOWLEDGMENT
STA~'E OF TEXAS
COUNTY OF NUECES
§
§ KNOW ALL BY THESE PRESENTS:
§
This instrument was acknowledged before me on ~~-~ 0~ ~~' ~.~ , 2006,
by '~ ~~~& v\ , ;~~~ v-r~s , the Executive Director of the Corpus
Christi Police Athletic League, a Texas nonprofit corporation on behalf of the corpora-
tion
_ _.~..~.
~~
~.•~;~Y;R~~R., MQNA KOSTER WELLS
~+°,^' :~ = Pubiiq State of Texas '' -
Notary ~ \ „` J~c'f ~'~' -
=*e My Commission ~res ~ G.~.~~ `
=,~;~~ FEBRUARY ~ ~ , 2007
y-,F ~F~~° Notary Public, State of Texas
, ,~„~
CCPAL FY0506 Agmt.doc Page 15 of 15
~Xt~l~~i T ~
Corpus Christi Police Athletic League
PO Box 9572
Corpus Christi, TX. 78469
361-883-2725- Off ice
361-438-8554- Cell
www.cc,pal.org
FY04 & FY05 CDBG Program
Corpus Christi Police Athletic League (CCPAL)
Preliminary Budget
, Scope Bud et
Fencing for 3 baseball fields: We plan on using part of the
existing fencing at Ben Garza for the Bronco Field. $80,913
' Irrigation for all fields This cost is for supplies only. We plan
on providing the labor. $25,000
_ -_
Ins#all Stsd - ------
---- ----- - --_ _ ---
$5,000
Ac~d Red Dirt
_---- . _ _ - - - -- _ $1,500
Buld Cancession Stand $44,500
' Tatal Project Cost
--- ----- -- $156,913
Funds Available
FY04 CDBG Program $81,913
FY05 CDBG Program
--- ---- -- - $75,000
T~I Funds Available $156,913
FY04 8~ FY05 CDBG Program
Corpus Christi Police Athletic League (CCPAL~
Preliminary Construction Schedule
Begin demolition of existing field June 15
Dig lines for sewer and water lines that will be used June 25
Restrooms/Concession/Irrigation
Begin dirt work needed to get the correct grades for the three July 1
Ba11 fields
Stake out the three ball fields July 15
Being construction of the three fields by putting up the fencing Jul 20
and backstops
Place infield sod and red dirt on the fields_ September
Begin construction of the concession stand and restrooms October
(Contingent on funding availability)
Sgt. David Morris
President, CC-PAL
EXHIBIT 6
INSURANCE REQUIREMENTS
Subr~cipient's Liability Insurance
A. Subrecipient must not commence work under this agreement all insurance required herein
has been obtained and such insurance has been app~oved by the City. Subrecipient must
not atlow any subcontractor to commence work until all similar insurance required of the
subcontrac#or has been obtained.
B. Subrecipient must furnish to the City's Risk Manager and to the Department 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 additional insured for all liability policies, and a blanket waiver of
subragation is required on all applicable policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day wr~ten notice of cancellation, material Bodily Injury and Property Damage
change, nen-renewal or termination is required on
atl certifica#es
COMMERGIAL GENERAL LIABILITY including: $1,000,000 Combined Sinqle Limit
1. Commercial Form
2. Premises - Operations
3. Products/ Completed Operations Hazard
4 Contractual Liability
5_ Incbepend~nt Contractors
6_ Braad Form Property Damage
7 Personallnjury
FIRE and EXTENDED COVERAGE 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 RISK INSURANCE Full value of any improvements constructed with
1. All Risks of Physical Loss; including collapse CDBG Funds provided under this agreement, so long
and transit coverage as work remains to be completed on such
improvements
C. In th~ 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.
8-14-~ ep Risk Mgmt.
II. ADpITIONAL 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 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.
In li~u of modification of the ACORD form, separate policy endorsements
addressing the same substantive requirements are mandatory.
* 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 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 1.6 (1)-(7), an authorized
representative of the insurance company must include a letter specifically
stating whether items 1.6. (1)-7) are included or excluded.
END
Community Development Block Grant Program Subrecipient Agreements ins. req.
8-14-08 ep Risk Mgmt.
EXHIBIT C
CDBG COMPLIANCE AFFIDAVIT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUI~ITY OF NUECES §
Date: * O /C~ t' ~
Affiant: ( ~r ~s C`~l~i s7; ~ ~~/~c ' ~~/ ic ~~~ U- +~
Co munity Dev~lopment Block Grant Subrecip nt
Affiant, on oath, swears the following statements are true:
I , ,+~ ~
~'~~ ~ d ~ ,~,j
~U'(a y'Y'r ~
, am the
~'~s . ~c... ~- (title)
of ~rr `~i~~ , o / - ~~c ~ , a Texas nonprofit
corporation, which has applied for and been awarded~Community Development Block
Grant ("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 o# 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 A-122 24 CFR 570.200, 500, and 600 et. 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 regula#ions, City staff has explained the rules and regulations, and I understand the
SubrecipienYs 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 abo , to which the Subrecipient may be subject
ta, and with which the Subrecipient mus omp~yy,~ccor~anc~wit,~' Federal laws.
gy: L ` .~i~-~'7%'
SWC)RN TO AND SUBSCRIBED before me the
.v.~.~.~+~
„",,,, M~KOSTER WELLS ,
:=o;~.°..~,__~ ~a~, st~e o~ re~~ ~~~ c~~~-.--
:*`~.~'`= MyCommissionF~xpires Notary Public State of Texas
=,'ti••......•: i-,;=
..,;~ oF .~;a ~=EBRUARY 2' , 200~ '
__ _. _ : _ ,.. _.,~._ ,. _ . . _
~. _ .~ .._,.. ~ ~.,~ ~. ..~ ,_ -- ~..._
`b~~ day of ~ C:'~ p~of~
~C~,~--- ~ ~
2006.
EXHIBIT D
..r..~ ~
°f CZTY OF CORPUS~~TI~TI
DISCLOS[JR~ OF ~ ST
City of. ' t~diaaace 1 ~ 1 t2, as au~nded, roquirea aU pecsons or fums s«3~~ to do bua~ss witi~ the C~'ty
~' p~ a r v d e io~acnt~oa. Evay questi~ must be aasw~ered. If the quatiaon ~s na applic~sble, answ~er widi
NA". See ~se for defmiti~.
f ~~ ~
(~UMPANY 1~iAMB : ~~ rr.l C:l/ r~ '~
p. o. so~c: ~J~ '~Z ' ~'
s~r: ,~r•.(~ " ._.-z~:_~
-
FIItM IS: 1. Corpo~a~ian O 2. P~ O 3'.~U/~G~~v~,~s7i r~,l~
4. As~oc~io~ O S. Othe~r (~ ~(.bN -/>Y~ . f
D~CLOb'UAE QZJ~STTONS
1. Stl~es d~e ~DO~' ~ use tha r+evatse aide of dris ~a or u~ seprr~me s~at.
• n~ a~irC~i ;`e~~by~' of ine Cit~r of Co~pus C~vish Living in o~vm~p inne~st" Ca~g 3%
or ~nore o1 ow~ee~lup ~a the aboMe nemed "Rrm."
Name Job Tide and City Department (if known)
r~ ~b-~ .
Z. Sdoe tl~e n~s ~o~ch "official" of the C~'ty of Corpus Christi having an "ownership inaaes~' const~ag 3% or
moe+e oftl~o~na~ip in ti~e abo~w~e named-"f~rm.
Name ` ' T'itle
,~~~~~ .
3. S~e the m~es of esch "boac+d me~bex'' of the City of~Corpus Christi baviag sa ~ownasaiQ iata+e~' co~itutiag
3'Y. or m~t of tt~e awnership in t11e above named "fi "
Name Board, Commissioa, or Committee
,~ ~~ ~
4. State t~ a~mes af each employae or officer of a"consultaat" for the City of Cutpas Cluisti who w~odced on aa}-
ms~er e~~d ta 16e subject of 1~is cac-tract aad has an "awnerslup iat~' can~niag 3% or more of the
aMn~ship in the ~ove namod "f~m.,'
C~sultant
i
;~.. ~~i~
C~,ItTIFICATE
I cxrtify all ~on provided is true and corr~ect as of the date of this statemeut. that I have aot knowinglY
wridihekl d~s~ura ~'a~ informatian r~equeseed; and that supplemental statiemeau R-ill be aromptly submitted to the
City of Corp~ TCx~ss as chairtges .,
~ /
~8p ~u~ c~ .~ , , Titl~ /~' i t/Fir~
Sig~u~e of C~ Pecson: . ~_ Da~e: /U /0 ~~ ~