HomeMy WebLinkAboutC2006-529 - 9/12/2006 - ApprovedCDBG SUBRECIPIENT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
METRO MINISTRIES
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY ~F NUECES §
This agreement (~'Agreement") is made and entered into between the City of Corpus
Christi, a Texas home-rule municipal corporation ("City"), acting through its City Mana-
ger or the City Manager's designee (°City Manager"), and Corpus Christi Metro Minis-
tries, Inc. ("Subrecipient"), a nonprafit corporation organized under the laws of the
State of Texas_
WHEREAS, the City has allocated up to One Hundred Twenty-five Thousand Dollars
($125,000) from the FY2006-07 Community Development Block Grant ("CDBG") Pro-
gram for construction of a new facility at 1919 Leopard Street, Corpus Christi, Nueces
County, Texas, 78401 such facility to be owned by the Subrecipient ("Facility");
WH~REAS, the City desires that safe and sanitary public facilities be provided for low
and moderate income ~ndividuals and individuals with disabilities;
WHEREA~, 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
~orpus Christi and throughout the community served by the Subrecipient in conformity
with 24 CFR 570.208, as amended; and
WHERE~S, 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 ~n the City of Corpus Christi;
NOW, TF~EREFORE, the City and the Subrecipient agree as follows:
SECTfON 1. SCOPE, BUDGET, SCHEDULE, AND PAYMENT REQUIREMENTS.
1.1 Scope 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 FY2006-07,
such proposal being incorporated into this Agreement by reference as if fully set out in
this Agreement. The Subrecipient, through its contractors and subcontractors, shall
make im~rovements, to wit: construction of a new facility, by October 31, 2007, ("Im-
provements"}. The Improvements will be located on real property owned by the Sub-
~ecipient at 1919 Leopard Street, Corpus Christi, Nueces County, Texas. For the pur-
~oses of this Agreement, the term 'Facility" collectively includes the aforementioned real
raro~ertv and anv imqrovements existing thereon as of the date of the Subrecipient's
2U06-529 ~nt and includes, where appropriate and in context, the pro-
09-12/06 ? constructed with the funding provided under this Agreement.
M2006-28~ ~ constructed in accordance with the plans and specifications
Metro Ministries
"Plans') prepared by the Subrecipient's registered architect or licensed professional
eng~eer retained pursuant to subsection 7.3. No construction may commence until the
Plans are approved by the Administrator or the Administrator's designee ("Admini-
strator"~ of the City s Community Development Division ("CDD") and by staff of the
City's Development Services Department ("Development Services").
1.2 Subrecipient Matching Funds Requirement. The Subrecipient shall provide
Forty Thousand Dollars ($40,000) in matching cash funds for the construction of the Im-
provements to the Facility. If the Subrecipient is required under this Agreement to meet
a matching funds requirement and fails to meet any portion of the requirement, the Sub-
recipient s allocation of funds to be received under this Agreement will not be disbursed,
and the allocation is automatically forfeited and reverts to the City for inclusion in future
CDBG Programs.
1.3 ~3udget and Construction Schedule. The Subrecipient has provided an esti-
mated project budget and project construction schedule ("Budget and Construction
Schedule") based upon the proposed Improvements to be constructed under this
Agreement, such schedule which is attached to this Agreement as Exhibit A and is
incorporated into this Agreement by reference. Ten days prior to the Subrecipient's
award of any construction contract or subcontractor construction contract pursuant to
this Agreement, the Subrecipient shall provide a finalized Budget and Construction
Schedule; which document(s) will then be substituted for the then existing Exhibit A and
bPCOme Exhibit A of this Agreement for all purposes under this Agreement.
1.4 Contents of Finaliz~d Budget and Construction Schedule(s). The finalized
Budget and Construction Schedule must include line-item costs for each item
referenced in subsection 1.1 of this Agreement and a detailed presentation of projected
resources and expenses. The schedule must also reflect the anticipated timeline for the
campletion of construction stages for each of the Improvements set out in subsection
1~~f this Agreement, including, but not limited to, dates for: the retention of a
registered architect or licensed professional engineer, completion of Plans, completion
of conditions precedent to construction, commencement of construction, completion of
each construction phase. and expected final completion of construction of the Improve-
merts.
1.5 F~equeets for Payment.
(A> All requests for payment made pursuant to this Agreement must be submitted to
the Administrator.
(BI Progress payments for the Improvements will be made based upon the finalized
Budget and Construction Schedule and the submittal and approval of appropriate
documentation of the work completed, including, without limitation, fully itemized
American Institute of Architects ("AIA") forms.
(C) No progress payments will be made without certification by the registered architect
ar 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
Me*ro Min~stries FY060? Agmt doc Page 2 of 15
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 subordinati~n of inechanics' lien claims prior to any payment.
E;. All payments will be adjusted according to the actual construction cost and the
matching funds requirement, if any, and in no event may any payment exceed the
stated amount of this Agreement. All requests for payments, excluding acquisition
of property; will be prorated to reflect the Subrecipient's share of costs as per the
approved finalized Budget and Construction Schedule.
1.6 Approval of Finalized Budget and Construction Schedule(s). Construction of
the Improvements to the Facility may not commence prior to the Administrator's
approval of the finalized Budget and Construction Schedule required under subsections
~ 3 and 1_4 of this Agreement_ The City will not reimburse any construction costs in-
curred by the Subrecipient prior to the approval of the finalized Budget and Construction
Schedule, except for professional services as may be allowed in the Administrator's
discretion
1.7 Periodic Pertormances Reports. The Subrecipient shall submit periodic perfor-
mance reRorts to the Administrator that recite progress for the period and advising of
any problems encountered. A periodic performance report must be provided with each
request for payment. Additionally, the Subrecipient shall adhere and comply with the
separate reporting requirements mandated for the Performance Management System,
administered by the City, as a condition of receiving funds under this Agreement.
SECTION 2. RECORDKEEPING, UNIFORM ADMINISTRATIVE REQUIREMENTS
AND OTH~R PROGRAM REQUIREMENTS.
2.1 Construction and Qperations Records. The Subrecipient shall provide access to
al! original records, reports, and audits including, without limitation, all agreements and
appraisals for the Facility; invoices; payment and payroll records; bank records; plans
and specifications for the Facilities; Plans written and drawn pursuant to this Agree-
ment; change orders; contracts between the Subrecipient and its contractor(s), between
contractor(s) and their subcontractor(s), and between the Subrecipient and its regis-
tered architect(s) or licensed professional engineer(s); communications and correspon-
dence with regard to any contracts and subcontracts pertaining to this Agreement; affi-
davits executed pursuant to this Agreement; documentation of clientele being benefited
by the Facility (i.e , number of persons being served, etc.) and the activity being carried
ou# in the Facility which pertains to the construction or operation of the Facility; and all
written obligations pursuant to this Agreement, including, without limitation, all informa-
tion on matching 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-
Metro Min~stries FY060? Agm' doc Page 3 of 15
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 t~me to time, request for the proper administration of this Agreement.
2.4 OMB Circulars A-110, A-122, and A-133. The Subrecipient shall comply with the
requirements and standards of United States' Office of Management and Budget
°"OMB" ~ Circulars A-110, A-122, and A-133, as each may be amended.
2.5 Co-~liance Documentation. The Subrecipient shall keep and provide access to
records documenting compliance with the rules and regulations contained in Title 24,
Chapter 570, et seq., ~f the Code of Federal Regulations ("CFR"), including, but not
iimited to, Subpart K, Sections 570.603, Labor Standards; 570.607, Employment and
Cantracting Opportunities; 570 608, Lead-Based Paint; 570.609, Use of Debarred,
Suspended, or Ineligible Contractors or Subrecipients; 570.610, Uniform Administrative
Requirements and Cost Principles; and 570.611, Conflict of Interest. If there is a con-
flict of interest with any employee, agent, consultant, officer, or member of the Board of
Directors of the Subrecipient, the person with the conflict and the nature of the conflict
must be identified, by name and title, and submitted to the Administrator prior to any
.osts being incurred at in or on the Facility with respect to construction of the Improve-
ments
2.6 Equa! Employmen# Opportunity. The Subrecipient shall comply with all appli-
~able 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 of 1968 as set forth in 24 CFR 570.607, as amended, and shall require compli-
ance with the aforementioned laws and regulations in all contracts the Subrecipient
~nters into with respect to construction of the Improvements.
2.7 Request for BidslProposals. The Subrecipient shall comply with requirements of
OMB Circutar 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
the Facility, if applicable, and shall provide such records to representatives of HUD, the
City Manager, or the Administrator upon request.
2.8 Real Property 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.
Metro Ministries FYQ607 Agmt.doc Page 4 of 15
,~ ~. _ _, _ ... . ,,,„~ ~
2.9 Disab~ed and Handicapped Accessibility. The Subrecipient shall comply with
the Americans with Disabilities Act of 1990, as amended, and with the rules and regu-
~ations published in 28 CFR Part 36, as amended, and all State and local requirements
~egarding disabled accessibility.
2.10 Rel~gious Organizations. The Subrecipient shall comply with requirements re-
~arding religious organizations. as set forth in 24 CFR 570.200(j), as amended_
SECTION 3. SUSPENS~ON AND TERMINATION.
3.1 Appl~~ation of 24 CFR 85.43. The City may suspend or terminate this Agreement
~n 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 Rem~clies for Non-compliance. Pursuant to the provisions cited in this Agree-
ment, to Federal rules and regulations applicable to the Subrecipient, and to HUD
guidelines, if any deficiencies are discerned by or through monitoring of this Agreement,
the Administrator may either temporarily withhold cash payments pending correction of
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 Termi~ation 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 terminating 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 event of termination
3.5 Termination. Upon a termination of this Agreement before the expiration date seet
out in this document, the Subrecipient agrees to refund to the City all CDBG Program
funds expended an 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 $5 44, as each may be amended. Notwithstanding this provision, the Reversion of
CDBG Funds provision, set out ~n Section 4 of this Agreement, also applies to the
SubrecipienYs CDBG Program funds on hand and any accounts receivable under the
Subrecipient's control.
SECTION 4. REVERSIQIV OF CDBG FUNDS
4,1 Facilil~y and Improvements Use to Meet National Objective and Same
Busi~ess Purpose. The Subrecipient's Facility and all Improvements must be used to
meet one of the national objectives set forth in 24 CFR 570.208, as amended, during
the term of this Agreement and for one year following the date of final completion of the
construction of the Improvements or one year following the date of the last disburse-
ment of CDBG funds under this Agreement, whichever is longer. In addition, the Subre-
Metro Mmistries FY0607 Agn~t.doc Page 5 of 15
cipient shall 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 af five (5i years following the date of final completion of the construction of the
~mprovements or following the date of the last disbursement of CDBG funds under this
Agreement, whichever is longer.
4.2 Facifity and Improvements Not Used to Meet National Objective and Same
Bus~nes~ 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 length 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:
iA; Failure to meet national objective: The Subrecipient must reimburse the total award
of CDBG funds received under this Agreement.
(Bj Failure to use Facilfty or any Improvements for same business purpose: Prorated
reimbursement as a fractional amount, the numerator being the number of months
that the 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 hlo 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.
SECTION 5. PROGRAM INCOME.
5.1 Qispasition of Prog~am Income. Program income received by the Subrecipient
as a result of this Agreement, if any, may be retained by the Subrecipient. Any such
program income must be used to operate public facilities to provide services to low and
moderate income 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 /~ccounting for Program Income. The Subrecipient shall comply with OMB
Circuiar A-110, as amended, with reference to program income, if applicable.
SECTION 6. INSURANCE AND INDEMNITY PROVISIONS.
6.1 Irt~urance. 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-
tached 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 Adminfstrator at least ten (10 j days prior to any construction on the property. Fail-
ure to maintain any of the types and coverage limits required by Exhibit B is cause for
Metra Min~stries FY060;% Agmt doc Page 6 of 15
the City to terminate this Agreement and cancel any and all payment and reimburse-
ments of CDBG funds to the Subrecipient.
6.2 Notice to City. The Subrecipient shall provide the City with at least thirty (30) days
advance written notice prior to cancellation, nonrenewal, or material change of the
=nsurance policies required by Exhibit B.
6.3 Right to Re-evaluation and Adjustment of Limits. The Risk Manager retains the
right to re-evaluate the insurance requirements during the term of this Agreement and
ad~ust the types and coverage limits of such insurance upon thirty (30) days written
!~otice to the Subrecipient. Insurance types and limits may not be adjusted more fre-
quently than once per year.
6.4 Indemnification.
(A~ The Subrecipient covenants and agrees that it will indemnify and
hold City harmless of, from, and against all claims, demands, ac-
tion~, damages, losses, costs, liabilities, expenses, and judgments
recovered from or asserted against the City on account of injury or
dam~ge to persons or property (including, without limitation on
the ft~regoing, workers' compensation, death, and premises de-
fects) to the extent any such damage or injury may be incident to,
arise out of, or be caused, either proximately or remote/y, wholly
or in part, by an act or omission, negligence, or misconduct on the
part of the City, its officers, emp/oyees, or agents ("Indemnitees"),
acting pursuant to this Agreement and with or without the express
or irr~plied invitation or permission of the Subrecipient, or on the
part of the Subrecipient or any of its agents, servants, employees,
contractors, patrons, guests, licensees, or invitees entering upon
the Facility being improved or used pursuant to this Agreement, or
when any such injury or damage is the result, proximate or re-
mote, wholly or in part, of the violation by lndemnitees, the Subre-
cipi~nt or any of its agents, servants, employees, contractors,
patrons, guests, /icensees, or invitees of any law, ordinance, or
governmental order of any kind, or when any such injury or dam-
age may in any other way arise from or out of the lmprovements
being constructed at the Facility or out of the use or occupancy of
the lmprovements to the Facility or the Facility itse/f by lndemni-
i~ees, the Subrecipient, or any of its agents, servants, emp/oyees,
contractors, patrons, guests, /icensees, or invitees, and inc/uding,
without limitation, any damages or costs which may occur as a
resuft of the design of the lmprovements to the Facility, the bid-
ding process, actua! construction of the /mprovements to the Fa-
cility, administration of the construction contracts by the City or
Metro M!n~stries FY0607 Agmt.doc Page 7 of 15
its designee, failure of the Improvements to the Facility prior to the
cornpletion and acceptance of the /mprovements by the City and
the Subrecipient jointly, failure of the /mprovements to the Facility
to work as designed, failure of any contractor, subcontractor, or
manufacturer to honor its warranties, or failure of the Subrecipient
to maintain the Improvements to the Facility or the Facility itself.
(B) These terms of indemnification are etiective upon the date of exe-
cution of this Agreement and whether such injury or damage may
resuit from the so/e negligence, contributory negligence, or con-
currant negligence of lndemnitees, but not if such damage or in-
jury may result from the gross negligence or willfu/ misconduct of
Indemnitees.
{C) The Subrecipient covenants and agrees that, in case the City is
maale a party to any litigation against the Subrecipient or in any
Jitig~tion commenced by any party other than the Subrecipient
relating to this Agreement and the lmprovements to the Facility
contemp/ated under this Agreement, the Subrecipient shaU, upon
rece~,pt of reasonable notice and at its own expense, investigate all
claims and demands, attend to their settlement or other disposi-
tion, defend the City in all actions based thereon with /egal coun-
sel satisfactory to the City Attorney, and pay aU charges of at-
tornsys and all other costs and expenses of any kind whatsoever
arising from any said claims, demands, actions, damages, losses,
costs, liabilities, expenses, or judgments.
~o~ The provisions of this section survive the termination or expiration
of this Agreement.
SECTION 7. SUBRECIPIENT'S REQUIREMENTS.
7.1 Precc-ntracting and Preconstruction Conference. The Subrecipient has at-
ten~d 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 Pledged Contribution. The Subrecipient shall provide any additional funds
needed for the completian 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.
Metro Min~stries FY0607 Agmt.doc Page 8 of 15
7.3 Pre~are Ptans and Specifications. The Subrecipient shall retain a registered
architect or licensed professional engineer in accordance with OMB Circular A-110, as
amended, to prepare the Plans and to inspect all Improvements to ensure conformity
~vith final plans 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 final plans and specifications and the schedule submitted to CDD as set out in sub-
sections 1.1 and 1.3 0` this Agreement. The Board of Directors of the Subrecipient shall
Pnsure that professional services, relating to the construction of the Improvements, are
retained and that the construct~on of the Improvements is supervised.
7.5 Change Order Pracedure. The Subrecipient must utilize a change order proce-
~edure to make any changes ~n the Plans, decrease or increase the quantity of work to
be performed, or decrease or increase the materials, equipment, or supplies to be
`urnished 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 Subrecipient 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 StafF and Administrative Suppo~t. The Subrecipient shall provide sufficient staff
and administrative support to supervise the construction of the Improvements to the
~acility.
7.7 Use of Funds. The Subrecipient covenants that all CDBG funds expended under
thfs Agreement will be used solely for the activities described in this Agreement. The
Subrecipient shall reimburse the City for all funds expended for activities not related to
the purpose and activities described in this Agreement or that violate federal, State, or
~ocal laws.
7.8 Accounting and Audit. The Subrecipient shall record financial transactions ac-
ccrding to approved accounting procedures and provide an independent audit of the
expenditures in accordance with OMB Circular A-133, as amended. Such audit must be
~ompleted 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 between 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
~ity. 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 Completion Date of Construction. The Subrecipient shall complete construction
~f the Improvements to the Facility, in accordance with the approved Plans, no later
than October 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
together with reasonable particulars concerning it. The Administrator may extend the
Metro Miristries FY06C7 Aqmt doc Page 9 of 15
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 Cornmittment of Funding for Improvements of Facility. The City shall provide
the Subr~cipient up to One Hundred Twenty-five Thousand Dollars ($125,000) from the
City's FY2006-07 CDBG Program for Improvements to the Facility as described in Sec-
tian 1 of this Agreement and in accordance with the accepted bid and the Budget and
Construction Schedule made a part of this Agreement, subject to the Subrecipient's
compliance with the provisions of this Agreement.
8.2 Add#~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 November 30, 2007. Excluding an extension to
the construction time schedule, extensions to the term of this Agreement may be re-
quested by the Subrecipient and approved by the City Manager.
9.2 Obj~ctive. 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 provide programs to
help low and moderate income individuals and individuals with disabilities improve the
quality of their lives and reach their maximum potential for independence, at all times
operating in accordance with HUD's CDBG regulations and guidelines and all federal,
State. and local laws.
9.3 Lice~sing. The Subrecipient shall obtain and maintain any certificates and licen-
ses that are required of the Subrecipient, its contractors and subcontractors, 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 Main#enance. The Subrecipient shall furnish all maintenance to the Facility and
Improvements as may be necessary to maintain the Facility and Improvements in good
repair.
9.5 Defa~lt. 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.
Metro Ministries FY0607 ,Agmt.doc Page 10 of 15
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
governmental entity.
9.7 Notices.
+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
service, for which service has been prepaid; or (5) by fax transmission.
~ B i Notice deposited with the United States Postal Service in the manner described
above will be deemed effective finro (2) business days after deposit with the United
States Postal Service Notice by telegram or overnight express delivery service will
be deemed effective one (1) business day after transmission to the telegraph com-
pany or overnight express carrier. Notice by fax transmission will be deemed effec-
tive upon transmission, with proof of confirmed delivery.
:Cj All such communicatians must only be made to the following:
If to the City
City of Corpus Christi
Attn: Administrator, Community Dev. Div
P O. Box 9277
Corpus Christi, Texas 78469-9277
(361) 826-3045 Office
(361) 844-1740 Fax
If to the Subrecipient:
C. C. Metro Ministries, Inc.
Attn: Executive Director
1919 Leopard Street
Corpus Christi, Texas 78401
(361) 887-0151 Office
(361) 887-7900 Fax
;D} Either party may change the address to which notice is sent by using a method set
~ut above. The Subrecipient shall notify the City of an address change within 10 days
days after the address is changed.
9.8 Nonassignment. The Subrecipient may not assign, mortgage, pledge, or transfer
this Agreement or any interest in the Facility or Improvements without the prior written
vonsent 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-
mance 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
th~s Agreement are fulfilled.
9.10 Breach of Agreernent. Notwithstanding any other provisions of this Agreement,
should the Subrecipient breach any section or provision of this Agreement including,
without limitation. the failure to pay taxes, assessments, or other government charges,
Metro Ministries FY0607 A~mt doc Page 11 of 15
Subreapient shall immediately remedy the breach. If repayment is required as a
remedy. o#her remedies may be pursued at the discretion of the City Manager if
repayment is not made. In the event that the City institutes any court action arising out
of this Agreement, the City is entitled to reasonable attorneys fees.
9.11 Modifications. 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 Val~dity. 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 Juri~diction and Venue. The laws of the State of Texas govern and are appli-
ca~le 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 Subrecipient s receipt of a copy of the
ArchitecUEngineer's certificate of substantial completion, the Subrecipient shall only
laok to the architects, engineers, contractors, subcontractors, manufacturers, and to the
respective warranty offered by each, if any, to remedy any defects in design, workman-
ship; or materials, and the Subrecipient covenants and agrees that the City has no re-
sponsibility for any defects 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 contracts effecting the Improvements, and all warranties and duties
under such contracts 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
regulations 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 SubrecipienYs required compliance in accordance with federal law.
9.1fi Disclosure of Interests. In compliance with Section 2-349 of the City's Code of
Ordinances, the Subrecipient shall complete the City's Disclosure of Interests form,
which is attached to this Agreement as Exhibit D, the contents of which, as a
completed form, are incorporated in this document by reference as if fully set out in this
Agreement.
9.17 Cerlification Regarding Lobbying. Subrecipient shall complete the Certification
Regarding Lobbying form, which is attached to this Agreement as Exhibit E, the con-
Metro M nistries FY~~607 Agmt.doc Page 12 of 15
tents of which, as a completed form, are incorporated in this document by reference as
if fully set out in this Agreement.
9.18 Acknowledgment of Funding Source. The Subrecipient shall give credit to the
~:ity'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
~romating the project or any other project sponsor.
(EXECUTION PAGES FOLLOW)
Metro Ministries FY0607 Agmt.doc Page 13 of 15
Executed in duplicate originals this ~ day of ~~}'' , 2006.
ATTEST:
r
~ - ~ `--____
Armando Chapa
City Secretary
Appraved as to form
~
l ~-~
i
~~ { ~
Elizak~ R. Hundley ~
Assis t City Attorney
for the City Attorney
CITY OF CORPUS CHRISTI
Ge e . Noe
City Manager
~~~Y.~...:. '"....: .... A11TMUKltta:
2006 ~- coukcn.~.~` I~ G ~
f~.c
~~'~'pN
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
CQ~JNTY OF NUECES § , ~
/ ,
~~~~~ ,~-~~
This instrument was acknowledged before me on ~ _, 2006,
by George K Noe, City Manager of the City of Corpus Christi, ex home-rule
municipal corporation on behalf of the corporation.
: LS _1~~(1 ~r~,~._- ~, ~ ~
~te ot Ttzxas =~
nFxpires Nota bli ate of Texas
21, 2!~()7 ~
R-~»~a~.~
~
c~
c~-
Metro Ministries FY0607 ~gmt.doc
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Nod~,r-y ~bl~'~ , ~~~ ~ T~
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rn~ssion Expires
i y My Gor•~
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9j~of _~------ Page 14 of 15
SUB~tECIPIENT: CORPUS CHRISTI METRO MINISTRIES, INC.
.
,
- , .
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-- •. ~, ~ ,,~,~~
.~-~ ~ '/;~ ~ ~ ~:- ~ ~ ~C t~` ~ ~~~,~ r~- -
~" Ex utiv ~ i ector ~, ~, ~' Date
~~ .V..~ ~~J'~~t~._ a ~ ~ '.t:1 c r.C,' .~..
Pr~nted name
ACKNOWLEDGMENT
~1~ ~~
ST~TE C)F TEXAS §
§ KNOW ALL BY THESE PRESENTS:
CO~NTY OF NUECES §
This instrurne t was acknowledg d before me on ~0~~`°~- ~-t! ~2006,
by ~Qh ,~`'~,1~~~~~-~ ~.~ ~Z-~.~ ~~- , the Executive Director of Corpus
Christi Metro Ministries, Inc., a Texas nonprofit corporation on behalf of the corporation.
_~_ ~ A;,~~...,.u~:~~ ~
,,~,„~,,,,,,, ~1iC~Nl~ i(e.STE~ WE' r. _~ '~
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. - N~tary F'utx c, St~te f Te~as
-*; .:~ MpypComm~ieje~ionExpire(.. k
'~'.,}~'~~p`: ~'EGfl~Fllll 7j (~1,.. ~~
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.+ v!r'i"}C~G~
Notary Public, State of Texas
Metro Ministries FY0607 Agmt.doc Page 15 of 15
EXHIBIT A
CORPUS CHRISTI METRO MINISTRIES, INC
FY and Funds Program: FY2~06/ CDBG
Project Name: Loaves 8~ Fishes
Orgarrization: Corpus Chri~ti Metro Ministries, Inc.
Totai CDBG FUNDS $125.Q00
Preliminarv Bud~et
(Funds available to complete project)
F~JND~ AVAILABLE ~ Proiect Financial Resources
AMOUNT
• FY ~06 CDBG Funding Amount ....................................... S 125,000
• CC11~ Capital Contr~ution ............................................... .. 40.000
• Othe~ funding .................................................................. 1.135.000
TOTAL FUNDS AVAILABLE FOR PROJECT ... ..... ................... .. ~1, 300.000
E~tims~d Expens~s:
AMOUNT
• Testing, Advertising, Printing, Etc . .. ... ... ... .. . . ... ... ... ............... 9.000
• A/E Professional Fees ...... ... ... .. . ....... ... . ... ... ........ ... 91.000
• New C~nstruction Cost ... . .. . ... .. .. ... ... ... . . ... . ... 1,200.000
• Contingencies ... .... .. .. ... .. . ... . . ... ... . _ ... ... ... ...
TdTAL PROJECT COST... _ ... .. .. ... ... . .. ... ... ... ... ... .. $1.300,000
Preliminarv Construction Schedule
(Projected dates for completion of key project phases)
PROJECTED DATE
• Selection of Architect/Engineer (AIE) services ...... ... ........ 10-2006
• Design and Bid Documents completed ... ... ... ...... ...... ....... 12-2006
• Award Bid and Construction Contract ............................. 01-2007
• Commencemerrt of Construction ...... .... ........................ 02-2007
• Construction at 50% Completion ..... ... . . ... ... ... ... ... .. ... 06-2007
• Construction at 100% Completion ... .. ... ... ... ......... . . ... ... 10-2007
EXHIBIT B
INSURANCE REQUIREMENTS
Sul~reciq~nt's Liability Insurance
A. Subrecipient must not commence work under this agreement all insurance required herein
has been obtained and such insurance has been approved by the City. Subrecipient must
not allow any subcontractor to commence work until all similar insurance required of the
sut~ontractor has been obtained.
B. Subrecipi~nt 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
subrogation is required on all applicable policies.
TYPE OF INSUtlANCE MINIMUM INSURANCE COVERAGE
30-Day written notice of cancellation, material Bodily Injury and Property Damage
change, non-ronewal or termirtation is required on
all certll~cates
COMMERCIAL GENERAL LIABILITY including: $1,000,000 Combined Sinqle Limit
1. Comm~rcial Form
2. Premises - Operations
3. Produc~s/ Completed Operations Hazard
4. Contr~tual Liability
5. tndependent Contractors
6. Broad 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.
BUILDE~2S RISK INSURANCE Full value of any improvements constructed with
~. 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 the event of accidents of any kind, Subrecipient must furnish the Risk Manager with
copies of all reports of such accidents within 10 days of the accident.
Community Development Blodc Grant Program Subrecipient Agreements ins. req.
8-14-06 ep Risk Mgmt.
II A[~DITIONAL 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
ca~tcellation clause (bottom right) must be amended by adding the
wording "changed or" between "be" and "canceled", and deleting the words,
~~
ertdeavor to , and deleting the wording after "left". In the alternative, a policy
endorsement providing the required cancellation language will be accepted.
In lieu 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.B (1)-(7), an authorized
representative of the insurance company must include a letter specifically
stating whether items 1.B. (1)-7) are included or excluded.
END
Comrnunity Dovelopment Block Grant Program Subrecipient Agreements ins. req.
8-14-496 ep Risk Mgmt.
EXHIBIT C
CDBG COMPLIANCE AFFIDAVIT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
t~ > ~
Date: C-~;r r~..~ .` ;~ .~ ~ f ,(s.-
Affiant: _ C ~_--~ , f.~ „c .~-{°7 d t s`~ ~ r~' ~C'~ f r~~ / r'~L~~. ~~`~ ~~
Commu ity Development Block Grant Subrecipient
Affiant, on oath, swears the following statements are true:
~, ~~°~'~~t~ ~1G~.e~ ~ T~°~~.~.am the ~ ~ ~'c ~ -h ~~ ,~i~'rr~~-r ~ C~ (title)
of ~~_t , ~ ~; ~ d.: ~~r~ ~ ~ i--i /l~~r-, ~ .~. L, ~'j~ ~; ~~~ tr ~r~S , a Texas nonprofit
cor~ration, which has ~pplied for and been awarded Community Development Block
Grant ("CDBG') Program funds administered by the City of Corpus Christi ("City"). Prior
to tMe start of the project for which CDBG funds have been awarded, as the representa-
tive of the above-named subrecipient organization ("Subrecipient"), I met with City staff
and rece~d 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 execu#ion of this affidavit, I attest that I have received the above-listed Federal rules
and regulations, City staff has explained the rules and regulations, and I understand the
Sub~ecip~enYs obligations of performance under the rules and regulations. Further-
more, I adcnowledge that there may be additional Federal rules and regulations,
beyond the rules and regulations listed above, to which the Subrecipient may be subject
and with which the Subrecipient must comply.
~,
;, J
--y" ~~ ~
By:~--' - ~. 1 '~..
SIMORN TO AND SUB~CRIBED before me the ~~~.. day of ~~w~- , 2006.
~~ .
, „~~~ .,(~` KOSTER WELLS
-' 2~~ `' " Natary Public, State of 7exas
=# ;~ * My Gc;mm~o~ Ezpire~
~`'~"'~~ .~`'' ~~EE3R~J~,~`~ ~, t~: t;~ ;
°.,~,.:.
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Notary Public, State of Texas
_. .. . ,_ ._.._ _ rm. _. ~. p._ ,._..KK.~ m.w ~. . __ .._~ ...._,_~ ._ ,.... _ . _ ~,..
~y~~-o ~ ~c~G
EXH161T D
.~....r ~
°f CiTY OF CORPUS C:~R~'IT
D~CLOSURE OF II~TE'REST
City of. CLrir~ Or~dinance 17112, as amamdal, re~uiras atl perscns or firms see3~~ ~e do business wit~ the City
~ ' iafannati~. Evay questicn must be ansvv~ered. If the q~aaicn ~s noc appiicabk, aasa~er wrtf~
A". Sa r~vase `` for deffmitiaes.
co~~u~r ~ :
P. O. BOX: ~
S'11~T:_,~~~„_,
flRM IS: 1. i
4. ,
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or moc+e aw~
niscr.osvx~ Qv~.sriorrs
uae the nv~tse :iae of ~is ps~a or ~ se~Caoe sbeer.
~v~e n~d "tilm.'~s (~ l~v~as aa o~v~sahip moa+~f." Co~IIg 3%
Name ~ j.~ Job Tide and City Department (if known)
2. S~oe the a~mas af ~"official" of tf~e City of Corpus Christi having aa "owne:ship mma~es~' conrtiprting 3% or
aroe+e oft~ otivu~ip in t~e abo~e namad"firm."
Naate T"ttle .
3. ~e the a~mes af e~ch "boae+d m~aber" of the C' of Cor~u Christi having an "oa+nasaip ia~eres~' constituting
3'/0 or mae~ of t1~e cwnership in t~e above named "firm "
Na~e Board, Commission, or Committee
Iv
4. State the ~Itmes Qf each employe~ or officer of a"consuttaa~' for th~ City of Co~pns (.`hristi who worlced oa any
mst~er rc~ed ta 1~e subject of ~is conttact and has an "ownership interes~' con~ng 3% or more of the
aweershipi' ia the ~bove nam~ "l~rm."
Consultant
CERT~'ICATE
I ca~ify all ~Drmation provi~ied is trve and correct as of the date of this statement ~at I have aot lcnowingly
wi~held a~aa informatil~n reqnested; and that suQpiemental statements a-iIl be aromptly submitted to the
Cit~r of Cot~plrs ChtflE~, ~exas as ctuinges ocaur. .
CewfyitiSPaeaoa:
Si~ of Catifyisg
~~tb: E~~~c. ~ ~ 1 mc-f~r ~
p~: l
C~`~
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: City Of Exhibit E
Corpus
..~ Christi
..~.~,•
C~RTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1; No fec~eral appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or an employee of any agency, a
member of congress, an o~cer or employee of congress, or an employee of a member of congress
in connection with the awarding of any federal contract, the making of any federal grant, the making
of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2; If any funds other than federal appropriated funds have been paid or will be paid to any person for
influertcing or attempting to influence an o~cer or employee of any agency, a member of congress,
an officer or employee of congress, or an employee of a member of congress in connection with this
federal contract, grant, loan, or c~operative agreement, the undersigned shall complete and submit
with this a Standard Form-11, "Disclosure Form to Report Lobbying," in accordance with its
instruetions.
i 3} The undersigned shall require that the language of this certification be included in the award
docurrtents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a matenal representation of fact upon which reliance was placed when this transacti~n
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
#ransaction imposed by Sectron 1352, Title 31, U.S. Code. Any person who fails to file the required
certit~cation shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such tailure.
...~°` , . : `
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. ignatur~
A = ~` 'tXn~ ~'~e~~ ~ ~"i~~e ~ ~~ ~T ~~ L u(~ `~'~~
Prir~ffJame af Authorized Individual }
~ ~~ ~~~
Date
' ' '. .
:. .r.C- r d~ ~ ~ ~,_.~"~ ~" r ~ ~ ( ~`~~' '~ l~ ~' / L~/ ~,~1 ~` Y.r/f '..S
Organizat n Name