HomeMy WebLinkAboutC2006-602 - 9/12/2006 - ApprovedCDBG SUBRECIPIENT AGREEMENT
BETWEEN THE
ClTY OF CORPUS CHRISTI
AND
BOYS ~ GIRLS CLUB
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This ~greement ("Agreement") is made and entered into between the City of Corpus
Chri~i, a Texas home-rule municipal corporation ("City"), acting through its City
Man~er or the City Manager's designee ("City Manager''), and the Boys & Girls Club
of Co~pus Christi, Inc. ("Subrecipient"), a nonprofit corporation organized under the
laws of the State of Texas.
WH~EA~, the City has allocated One Hundred Thousand Dollars ($100,000) from the
FY2~6-07 Community Development Block Grant ("CDBG") Program for construction of
impravements to a facility located at 3902 Greenwood Road, Corpus Christi, Nueces
Cour~ty. Texas, 78416, such facility being leased by the Subrecipient ("Facility");
WHE~tEAS, the City desires that safe and sanitary public facilities be provided for low
and maderate income individuals and individuals with disabilities;
WH~tEAS, 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
Corpus Christi and throughout the community served by the Subrecipient in conformity
with 24 CFR 570.208, as amended: and
WH~~2EAS, the City wishes to encourage the senrices provided by the Subrecipient
and ~ere being a genuine need for these services and for appropriate facilities to
prov~le such services in the Gity of Corpus rhristi;
NOW, THEREFORE, the City and the Subrecipient agree as follows:
SEC'fION 1. SCOPE, BUDGET, SCHEDULE, AND PAYMENT REQUIREMENTS.
1.1 Scope of Work. The Subrecipient shall complete the work outlined in the funding
pro~sal 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 improvements, to wit: construction of one complete soccer/flag football field, con-
struction of one parking lot, and additional complex improvements, including removal
and replacement of gate and additional fencing due to improvements and extension of a
sidewalk to the concession building, to the Facility by May 31, 2008, ("Improvements").
The Improvements will be located on real property leased by the Subrecipient and
2006-602 od Drive, Corpus Christi, Nueces County, Texas. For the
Oy/12/0~ '-nt, the term "Facility" collectively includes the aforementioned
!VI2006-28"
Bovs ~z Crirls Cluh
and any improvements existing thereon as of the date of the SubrecipienYs execution of
this Agreement and includes, where appropriate and in context, the proposed
improvements to be constructed with the funding provided under this Agreement. All
Improvements must be constructed in accordance with the plans and specifications
i"Plat~s") prepared by the Subrecipient's registered architect or licensed professional
engineer retained pursuant to subsection 7.3 No construction may commence until the
Plans are approved by the Administrator or the Administrator's designee
6"Adr~inistrator") of the City's Community Development Division ("CDD") and by the
City's Development Services Department ("Development Services").
1.2 ~ubrecipient Matching Funds Requirement. The Subrecipient shall provide
Twenty Thousand Dollars ($20,000) in matching funds for the construction of the Im-
provements to the Facility. If the Subrecipient is required under this Agreement to meet
a ma~ching funds requirement and fails to meet any portion of the requirement, the Sub-
recipaent's allocation wilf not be disbursed, but is automatically forfeited and reverts to
the Ci#y for inclusion in future CDBG Programs.
1,3 Budg~t and Construction Schedule. ?he Subrecipient has provided an esti-
mated project budget and project construction schedule ("Project Budget and Con-
truc~on Schedule") based upon the proposed Improvements listed above and as are
desc~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 ref-
erence Ten days prior to the award of any construction contract or subcontractor con-
struction contract pursuant to this Agreement, the Subrecipient shall provide a finalized
bud~t, which must include a schedule of the detailed costs of construction, and a
schedule of construction completion dates, which must include a detailed completion
scheduie 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 become Exhibit
A of tt~is Agreement for all purpases under this Agreement.
1.4 Contants of Finalized Budget and Construction Schedule(s). The finalized
budget must include line-item costs for each item referenced in subsection 1.1 of this
Agreement. The finalized budget must provide a detailed presentation of projected
resot~rces and expenses. The finalized construction schedule for Improvements must
refleCt 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 af a registered architect or licensed professional engineer, com-
pletion of Plans, completion of conditions precedent to construction, commencement of
cons~ruction, completion of construction phases, and expected final completion date of
the Improvements.
1.5 Requ~sts for Payment.
(A} All requests for payment made pursuant to this Agreement must be submitted to
the Administrator.
(B) Progress payments for the Improvements will be made based upon the finalized
budg~t and construction schedule and the submittal and approval of appropriate
Boys Girls Club FYd607 Agmt.doc Page 2 of 15
documentation of the work completed, including, without limitation, fully itemized
American Institute of Architects ("AIA") fc~rms.
t:Gj 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
t~een 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.
o;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.
(Ej All payments will be adjusted according to the actual construction cost and the
rnatching 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.
1.6 ~pproval 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
Agredment. 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 ~eriodic PerFormar~ces Reports. The Subrecipient shall submit periodic perFor-
mance reports to the Administrator that recite progress for the period and advising of
any problems encountered. A~erformance report must be provided with each request
for payment.
SEC~'ION 2. RECORDKEEPING, UNIFORM ADMINISTRATIVE REQUIREMENTS
AND OTHER PROGRAM REQUIREMENTS.
2.1 Cons#ruction and Operations Records. The Subrecipient shall provide access to
ali or~ginal records, reports, and audits including, without limitation, all agreements and
appr~isals for the Facility; in~oices; paymen~ and payroll records; bank records; plans
and ~peci~ications for the Facilities; Plans written and drawn pursuant to this Agree-
ment; change orders; contracts between the Subrecipient and its contractor(s), befinreen
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 subr,ontracts pertaining to this Agreement; affi-
davi~s executed pursuant to this Agreement; documentation of clientele being benefited
by tl~ Facility (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
writt~n obligations pursuant to this Agreement, including, but not limited to, 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.
Boys Gir15 Club FY0607 Agmt.doc Page 3 of 15
~ .»~ . .,,. ~ ~. ~
2.2 E~ual 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 ir~, be denied the benefits of, or be sub-
jected ta discrimination under any program or activity funded in whole or in part with
cammunity development funds made available pursuant to the Act. Any prohibition
again~t discrimination on the basis of age under the Age Discrimination Act of 1975, as
ameruied. 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 fr~forrnation 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 qme to time, request for the proper administration of this Agreement. The Sub-
recipi~nt shall adhere and comply with the reporting requirements mandated for the
Perfotmance Measurement System, administered by the City, as a condition of
receiving funds under this Agreement.
2.4 (~IAB Circulars A-110, A-122, and A-133. The Subrecipient shall comply with the
requir~emertts and standards of United States' Office of Management and Budget
t"OM8" ) Circulars A-11 C~, A-122, and A-133, as each may be amended.
2.5 Comp~iance Documentation. The Subrecipient shall keep and provide access to
recor~s documenting compliance with the rules and regulations contained in Title 24,
Chapter 570, et. seq., of the Code of Federal Regulations ("CFR"), including, but not
iimited 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.~11, 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
costs being incurred at. in, or on the Facility with respect to construction of the Improve-
~nents.
2.6 ~qual Employment Opportunity. The Subrecipient shall comply with all appli-
cable Federal Equal Employment Opportunity regulations, including, but not limited to,
Execwtive 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
enters into with respect to construction of the Improvements.
2.7 ~equ~st for Bids/Proposals. The Subrecipient shall comply with requirements of
OMB Circular A-110, as amended, and all State and local procurement requirements
with r~egard to solicitation of bids and proposals for construction of the Improvements to
the F~cility, if applicable, and shall provide such records to representatives of HUD, the
City 11ltanager, or the Administrator upon request.
Boys Girls Club FY06d7 Agmt.doc Page 4 of 15
2.8 fi~al Property Acquisition. The Subrec:ipient 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 nf property, if applicable, and shall provide such
records to representatives of HUD, the City Manager, or the Administrator upon request.
2.9 D~sabted and Handicapped Accessibility. The Subrecipient shall comply with
the Ar~nericans with Disabilities Act of 1990, as amended, and with the rules and regu-
~ations published in 28 GFR Part 36, as amended, and all State and local requirements
regarding disabled accessibitity.
2.10 Reli~ous Organizations. The Subrecipient shall comply with requirements re-
garding religious organizations, as set forth ir, 24 CFR 570.200(j), as amended.
SEC'{~ON 3. SUSPENSION AND TERMtNATION.
3.1 ~plication of 24 CFR 85.43. The City may suspend or terminate this Agreement
in acc~ordance with 24 CFR 85.43, as amended, if the Subrecipient materially fails to
compty with any term of the CDBG Program award or this Agreement.
3.2 l~pplica#ion of 24 CFR 85.44. This Agreement may be terminated for convenience
in acc~rdance with 24 CFR 85.44, as amended.
3.3 tiemed~es 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#~nes, if any de~ciencies are discerned by or through monitoring of this
Agree~nent, 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 cornpfiarjce, wholly or partly suspend or terminate the current award, withhold further
awards, or take any other remedies that may be legally available.
3.4 Tarmination Notice. Either party may terminate this Agreement, during the term of
ihis A~reement, 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 pravisions of this Agreement providing responsibilities in
the event of termination
3.5 T~ermir~ation. Upon a termination of this Agreement, the Subrecipient agrees to
refund to the City all CDBG Program funds expended on construction of the Facility and
lmpra~+ements. 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 C~y as set out in 24 CFR 85.43 and 85.44, as each may be amended. Notwith-
stanc~ing this provision, the Reversion of CDBG Funds provision, set out in Section 4 of
this Agreement, also applies to the SubrecipienYs CDBG Program funds on hand, ac-
count~ receivable. and real property under the Subrecipient's control.
SEC~'tON 4. REVERSI~N OF CDBG FUNDS.
4.1 F~cility and Improvements Use to Meet National Objective and Same
Busi~+ess I~urpose. The Subrecipient's Facility and all Improvements must be used to
Boys Girls Club FY0607 Agrr~t.doc Page 5 of 15
meet one of the nationai 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 Impravements or one year~ following the date of the last disburse-
ment of CDBG funds under this Agreement, whichever is longer. In addition, the Subre-
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 of five (5) years following the date of final completion of the construction of the
Improvements or following the date of the las~ disbursement of CDBG funds under this
Agreement, whichever i~ longer
4.2 Facility and Improvements Not Used to Meet National Objective and Same
Business Purpose. In the event that the SubrecipienYs Facility or any Improvements
are nat used to meet one of the national objectives or the same business purpose for
the le~gth of time specified in subsection 4.1 ~f this Agreement, then the Subrecipient
shalf 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
~f CDBG funcls received under this Agreement.
{Bj F~ilure to use Facility 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
~BG 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 Agr~ment, 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 Ci~y pursuant to 24 CFR 57C 503. as amended.
SEC~ON 5. PROGRAM INCOME.
5.1 [I~isposition of Program Income. Program income received by the Subrecipient
as a r+esult of this Agreement, if any, may be retained by the Subrecipient. Any such
progr~m ineome must be used to operate public facilities to provide services to low and
mode~'ate income individuals and individuals with disabilities within the City of Corpus
Chris~ 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 ~nding July ~1.
5.2 A~ccou~tting for Program Income. The Subrecipient shall comply with OMB
Circu~ar A-110, as amended, with reference to program income, if applicable.
SEG~10N 6. INSURANCE AND INDEMNITY PROVISIONS.
6.1 I~surance. 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-
Boys GirIG ~lub FY0607 Agmt.doc Page 6 of 15
- _-,, , _ _ ,~,,.. _ .~,~, ,V,. , .._. _ _ _ ,._ .~~_ ~,. _.~ ~_ ~, _ _ _
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 Adrrainistrator at least ten (10) days prior to any construction. Failure to maintain
any ofi the types and limits of the insurance required by Exhibit B is cause for the City to
terminate this Agreement and cance- any and all reimbursements of CDBG funds to the
Subr~ipient.
6.2 (~tice to City. The Subrecipient shall require its insurance companies, written
policies, and certificates of insurance to provide that the City must be given thirty (30)
days ~dvartce 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 af the Facility and all Improvements, cancel any
claim that the Subrecipient may have to the use of the Facility and Improvements, and
canc~ any and all reimbursements of CDBG funds to the Subrecipient.
6.3 fi~ght ~ Re-evaluation and Adjustment of Limits. The Risk Manager retains the
right tc~ re-evaluate the insurance requirements during the term of this Agreement and
adjust the types and limits of such insurance upon thi~ty (30) days written notice to the
Subrecipient. Insurance types and limits may not be adjusted more frequently than
nnce per year
6.4 Indemr-ification.
(A) The S~ebrecipient covenants and agrees that it will indemnify and
hvld City harmless of, from, and against all claims, demands, ac-
t14~ns, damages, i~sses, costs, liabiJities, expenses, and judgments
r~covered from or asserted against the City on account of injury or
a~mage to persons or properly (including, without limitation on
t~re fa~egoing, workers' compensa~ion, death, and premises de-
fi~cts) fo the extent any such damage or injury may be incident to,
atise out of, or be caused, either proximately or remotely, wholly
o~r in p~rt, by an act or omission, negligence, or misconduc~ on the
part o~" the City, its officers, employees, or agents ("lndemnitees"),
acting pursuant t+o this Agreement and with or without the express
o~ im~ied invitation or permission of the Subrecipient, or on the
prart ~ the Subrecipient or any of its agents, servants, employees,
contractors, patrons, guests, licensees, or invitees entering upon
#he Facility being improved or used pursuant fo fhis Agreemenf, or
~hen any such injury or damage is the result, proximate or re-
rnote, wholly or in part, of #he violation by lndemnitees, the Subre-
c~pient or any of its agenfs, servants, employees, contractors,
patrot~s, guests, ficensees, or invitees of any law, ordinance, or
g+~vemmental order of any kind, or when any such injury or dam-
a~e may in any o~Eher way arise from or out of the Improvements
Boys Girls Club FY0607 Agm°.doc
Page 7 of 15
~ s , ~,. .~ __.
b~eing constructed at the Facility or out of the use or occupancy of
t~e Improvements to the Facility or the Facility itself by Indemni-
ttes, the Subrecipient, or any of its agents, servants, emp/oyees,
contr~ctors, patrons, guests, licensees, or invitees, and including,
without limi~ation, any damages or costs which may occur as a
result of the design of the Improvements to fhe Facility, the bid-
ci~ing process, actual construction of fhe Improvements to the Fa-
c~lity, administration of the construcfion contracts by fhe City or
it~s designee, failure of fhe Improvements fo the Facility prior to the
c+~mpletion and acceptance of the Improvements by the City and
#l~e Subrecipient jointly, failure of the Improvements to the Facility
to wark as designed, failure of any contractor, subcontractor, or
r~tanufacturer to honor its warranties, or failure of the Subrecipient
#~ ma~ntain the Improvements to the Facility or the Facility itself.
(B) 7''~es~ terms of indemnification are effective upon the date of exe-
cutior~ of this Agreement and whether such injury or damage may
r~suit from the so/e negligence, contributory negligence, or con-
current negligence of Jndemnitees, but not if such damage or in-
j~rry may result from the gross negligence or wiUful misconduct of
l~demnitees.
(C) T~-e S~brecipient covenants and agrees that, in case the City is
rr~ade a party to any litigation against the Subrecipient or in any
l~tiga~on commenced by any party other than the Subrecipient
rr1~--latir~g to this Agreement and the lmprovements to the Facility
cc~nt~r-plated under this Agreement, the Subrecipient shall, upon
r~ceipt of reasonable notice and at its own expense, investigate all
cl'aims and demands, attend to their settlement or other disposi-
tion, defend the City in al! actions based thereon with legal coun-
s~l sa~tisfactory to the City Attorney, and pay aN charges of at-
t~rneys and all other costs and expenses of any kind whatsoever
atisir~ from any said claims, demands, actions, damages, losses,
costs, liabilities, expenses, or judgments.
(D) T~e pnovisions of this section survive the termination or expiration
ai this Agreement.
SEC7~ON 7. SUBRECIP~NT'S REQUIREMENTS.
7.1 P~recontracting and Preconstruction Conference. The Subrecipient has at-
tende+d a precontracting conference with City representatives. The Subrecipient and all
of its i~entified contractors and subcontractors must attend a preconstruction confer-
Boys Girls Club FY0607 Agmt.doc
Page 8 of 15
~ ~ ~ ,~,, ~,,.. .~ _
ence with City representatives. Failure to do so may result in the Subrecipient being
eneligible to receive the CDBG funds awardec and allocated to the Subrecipient under
this Agreement.
7.2 Rledgs~! Contribution. The Subrecipier-t shall provide any additional funds
needed for the completion of the Improvements. The Subrecipient shall provide can-
celed checks or other pr~of as may be required by the Administrator as proof of the
contribution.
7.3 F~+epane Plans and Specifications. The Subrecipient shall retain a registered
archit~ct or licensed professionaf engineer in accordance with OMB Circular A-110, as
amended. to prepare the Plans and to inspect all Improvements to ensure conformity
with final plans and specifications submitted to the Administrator.
7,4 Rtofessional Servic~s. The Subrecipient shall retain professional services and all
nece~ary 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 s~bmitted 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 that professional services, relating to the construction of the Improvements, are
retain~d and that the construction of the Improvements is supervised.
7.5 Changrs Order Procedure. A change order procedure must be instituted to make
changes in the Plans or specifications or to decrease or increase the quantity of work to
be pe~formed or materials, 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
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
assoc~ated with unapproved changes
7.6 S~aff a€~t! Administrative Support. The Subrecipient shall provide sufficient staff
and administrative support to supervise the canstruction of the Improvements to the
Facility.
7.7 ll~e of Funds. The Subrecipient covenants that all CDBG funds expended under
this Aqreement will be used solely for the activities described in this Agreement. The
Subrecipierrt shall reimburse the City for all funds expended for activities not related to
the p~-pose and activities described in this Agreement or that violate Federal or State
iaws
7.8 A,A~~ccounting and Audit. The Subrecipient shall record financial transactions ac-
cordin~ to ~proved accounting procedures and provide an independent audit of the
experr~dditures in accordance with OMB Circular A-133, as amended. Such audit must be
comp~ted 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 digcrepancies must be made within sixty (60) days from receipt of the audit by the
Boys virls Club FY0607 Agm° doc Page 9 of 15
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
Subr~ipient is in default pursuant to this Agreement.
7.9 C~ompl~tion Date of Construction. The Subrecipient shall complete construction
of the Improvements to the Facility in accordance with the approved Plans and Specifi-
cations by AAay 31, 2008. 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 construction time schedule for such time as may be deemed necessary and
justifieKi. 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 Comrnittment of Funding for Improvements of Facility. The City shall provide
the St~brecipient up to One Hundred Thousand Dollars ($100,000) from the City's
FY20{~fi-07 CDBG Program for Improvements 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 provisians of this Agreement.
8.2 Additic-nal 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.
SECT'~ON 9. GENERAL PROVISIONS.
9.1 Tsrm. This Agreement terminates June 30, 2008. Extensions to the term of this
Agree~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-
menc~g on the date of the Subrecipient's execution of this Agreement, unless a specific
bound period is shorter ~r longer as may be stated in this Agreement.
9.2 Object~ve. The Subrecipient shafl 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, 2008, and provide programs to help low and moderate income indivi-
duals and individuals with disabifities improve the quality of their lives and reach their
maxir-~um potential for independence and at all times in accordance with HUD's Com-
munity Development Block Grant regulations and guidelines and all local, State, and
Federal requirements and laws.
9.3 Ll~censing. The Subrecipient shall obtain and maintain any certificates and licen-
ses th~at are required of the Subrecipient, the Facility, and the programs offered at, on,
or in tF~e Facility by the United States, the State of Texas, the City, and any other
agenaes having regulatary jurisdiction over the Facility and the Subrecipient.
Boys Girls Glub FY060? Agm!.doc Page 10 of 15
9.4 IiMaint~ance. The Subrec~pient shall fumish 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 tt~e terms of this Agreement or commits any other default in the terms of this
Agre~ment, 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 pMossession of the Facility and all Improvements without recourse and to dispose of
such ~acility and Improvements in any manner the City deems necessary to reimburse
the City.
9.6 I~o Li~lity. In no event is the City liable for any contracts made by or entered into
by the Subrjecipient with any other person, partnership, association, firm, corporation, or
govemmental entity.
9.7 I~tice~.
(A) A~ notices, demands, requests, or replies provided for or permitted under this
Aqreement, by either party must be in writing and must be delivered by one of the
f~lowing methods: (1 } by personal delivery; (2) by deposit with the United States
Postal Service as certified or registered mail, return receipt requested, postage
pr~epaid; (3) by prepaid telegramj {4) by deposit with an ovemight express delivery
service, for which service has been prepaid; or (5) by fax transmission.
{B) Nptice 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
S~ates 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-
ti~ upon transmission, with proof of confirmed delivery.
(C} A~ such communications must only be made to the following:
If #o th~ Citv:
C~y of Corpus Christi
Attn: Administrator, Community Dev
P. O. Box 9277
Corpus Christi, Texas 78469-9277
i ~ 1 } 82fi-3045 Office
(~~ ) 844-1740 Fax
If to the Subrecipient:
Boys & Girts Club of C.C.
Div. Attn: Executive Director
3902 Greenwood Drive
Corpus Christi, Texas 78416
(361) 853-2505 Office
(361) 853-1943 Fax
(Dj E~ther p~arty may change the address to which notice is sent by using a method set
ot~t abo~. The Subrecipient shall notify the City of an address change within 10
vv~rking days after the address is changed.
9.8 N~pnas~nment. The Subrecipient may not assign, mortgage, pledge, or transfer
this A~-eerr~nt or any inte~rest in the Facility or Improvements without the prior written
conset~t of the City.
Boys G~is Club FY0607 Agmt doc Page 11 of 15
.~~,.. ~.~ .,,~ .~ _.,,~,~,
. a . - ,,,,~.. r.... . ~ , ,.~..
_ _ ,~.a ~ ~,,.,:._.., _ _~,. ...,..._ ...o.,.,_._~,_..._._,_.___....
,.~..,.. ~ .... ..._.~.... _..,,,,
Facility, the Improvements, CDBG funding, or to recipients of Federal funds does not
waive the SubrecipienYs required compliance in accordance with Federal law.
9.16 Disclt~sure of Interests. ~n campliance with Section 2-349 of the City's Code of
Ordin~nces, 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
comp~eted form, are incarporated in this document by reference as if fully set out in this
Agreement.
9.17 Ackntrivledgment 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
proma#ing the project or any other project sponsor.
9.18 Certiflcation Regarding Lobbing. In compliance with federal law, the Subrecip-
ient sh~all execute Exhibit E, the contents of which, as a completed form, are incorpo-
rated tn this document by reference as if fully set out in this Agreement.
(EXECUTION PAGES FOLLOW)
Boys G~Is Ciub FY06Q7 Agmt.doc
Page 13 of 15
-~ ~ . ~„~ ..~~
. y _~ ~~ . "~ . ~ ,~
Executed in du licate or~ inals this k~.~ dav of 9,~~~"~~ `~'~'-' , 2007.
P 9 .~. .
ATTE'ST:
J --
Armando Chapa
City S~ecretary
Approved as to form: `~/~ r , 2007
~ ~
~, F ~~ ~, ~.~ _ l~ i ~ ~ ~ ~~ 1
Eliza ' R. Hundle ~ ~~ ~ ~
~ Y
Assistarrf City Attorney
for th~ City Attorney
ACKNOWLEDGMENT
,
~ 1 ~~~~ W ~ /~~ ,,. AUTHUKtt~.
~.
DY E~Eltflft,lL . V..~..~~ ~-
SECRE'TA~ ^
~ Y1~' L
ii
STA~ OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUI~ITY t~f NUECES §
I
~
This instrument was acknowled ed before me on ~~ `~`~~I ~~ 1{'~ , 2007,
9 ~-
by George K. Noe, City Manager of the City ~f Corpus Christi, a Texas home-rule
muni~ipai corporation, on behalf of the corporation.
~seal)
~,~, a~~ ~~
Notary Public, State of Texas
-o'~rPVP~e--~;onnie Parks
{I? ~ i
E' ,~ ~~ ,;, My Co~nmission Expir,~,
~ a
{; 9~p~~° November 09 2007
:'_',- '----=:.-:.._.----....~.----
CITY OF CORPUS CHRISTI
eor K. Noe
City Manager
Boys ~irls Ctub FY0607 Agmt.doc Page 14 of 15
PRELIMINARY BUDGET & CONSTRUCTION SCHEDULE
~Y and F~nding: FY20061 CDBG
Praaect Name Sport Complex Phase No. IV
~rganizatior Boys and Girls Club of Corpus Christi, Inc.
'~otal Pro~ec* Cost: $120,000
PRELIMINARY BUDGET
Prpject Financial Resources:
(Funds available to complete your project',
AMOUNT
. Fund A _
• ~und B _ _ _. .. _
• Capital Contribution from Agency _ _._ 20,000
• FY 2006 CDBG Funding _... 100,000
• Other
_
TQ'~AL FUNDS AVAILABLE FOR PROJECT. .. 120 000
E~Eimab~d Expenses:
LLi~t estimated expenses_to complet~our proiect'r such as
AMOUNT
• ~and Acquisition _ _ _. ..
• Advertising, Print~ng, Etc _. . .. . 500
• AIE Professional rees _ _ . 8,800
• vonstrucbon Cost _ . 110.000
• vontingencies _ _ _ _ 200
• Other ~Specifyl ADA Inspection _._.. 500
T,~ AL P!~€OJECT COST............. ....._ ................................... 120 000
(F~ds n~ded for the Prol2Ctj
NOTE: _:The "total funds available for the proiect° shall be equal to the °total proiect cost."
PRELIMINARY CONSTRUCTION SCHEDULE
i Projected dates for completion of key project phases)
PROJECTED DATE
• Property Transfer /Purchasing . . ..
• Other, (Platting: .. . .. ..... . .. . . ....
• Procurement of Architect/Engfneer (A/F) services.. . ........ November 06
• Design and Bid Documents completed_. .... January 07
• Award Bid and Construction Contract _ ..... February 07
• Commencement of Construction . _ _ . _ . March 07
• Construction at 100% Cc~mpletion . May 07
EXHIBIT A
Page 1 of 2
REVISED SCOPE OF WORK
~Y and Funding: FY2006/ CDBG
Project Name: Sport Complex No. 1V
~Jrganizat~or: Bovs and Giris Club of Corpus Christi, Inc.
• REVI~ED SCOPE OF WORK: if the final amount of your FY06 fund approved by the City Council
is smalter or larger than the amount requested by your organization in your Request for Proposal,
please submit a Revised Scope of Work as resuit of your reduction on budget source.
Construction of soccer/flag football field including: grading, fill, drainage
seeding, and goals; Construction of parking lot adjacent to field; Remove
existing gate due to improvements and replace it with new gate and extend
fence to new gate post; Extend sidewalk to concession building.
NOTE: "Finalized Budqet and Construction Schedule" and "Revised Scope of Work"
Shall be turned in to the City 10 days prior to the award of any construction contract and
shall be approved by City before start construction.
EXHIBIT A
Page 2 of 2
EXHIBIT B
INSURANCE REQUIREMENTS
SubreCipient's Liability Insurance
~ Subre~ipient must not commence work under this agreement all insurance required herein has
been obtained and such ~nsurance has been approved by the City. Subrecipient must not allow
any subcontractor to commence work until all similar insurance required of the subcontractor
has been obtained
B Subrecipient must furn~sh 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 policoes.
TYPE OF INSURANCE
30-Day wril~en natice of cancellation, ma
change, nan-renewal or termination is re~
all certifica~tes
:~OMMERCIAL UENERAL ~IABIUTY inclu~:
Commercial Form
~ Pre~nises - Operations
.s Products/ Compieted Op~rations H<
~ Co~tractual Liability
~ Inc~ependent Contractors
6 Brpad Form Property Damage
Personal lnjury
~IRE and EXTENDED CC?VERAGE
; - _- --- -_ _ _ _ _ _. ~.- _ -----
~
~ 3UILDERS RISK INSURANCE
A; RisKS of Physical Loss ~ncludinc
and tr~nsit coverage
_ -
i ~
MINIMUM INSURANCE COVERAGE
erial ~ Bodily Injury and Property Damage
~uired on !
ing ~
i
~
i 1 000 000 Combined Sinqle Limit
!
izarc< j
;,
i
At a minimum, amount sufficient to cover the
replacement cost of facitities and/ or building
City to be named as ~oss payee using standard loss
payee clause.
~ Full value of any improvements constructed with
.ollapse CDBG Funds provided under this agreement, so long
as work remains to be completed on such
1 improvements
C In th~ event of accidents of any kind, Subrecipient must furnish the Risk Manager with copies
of all reports of such accidents with~n 10 days of the accident.
Commun+ty ~Jevelopment Block Grant Pr~>gram Subrecipient Agreements ins. req
8-14-06 ep Risk Mgmt
.,, , ~. ~ ,,,~. .,...- M. _ _ _ _ ._.. ~.. t. .~ .~~.. ._.. ._~_ _ ~... .. .,,.
i! ADpITIONAL REQUIREMENTS
~ Cer#ificate of Insurance:
~ The City of Corpus Christi must be named as an additional insured on the liability
c.,overage. 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
s::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
'=anguage will be accepted. In lieu of modification of the ACORD form, separate policy
endorsements addressing the same substantive requirements are mandatory.
rhe name of the project must be listed under "Description of Operations"
} At a minimum ~ 30-day written notice of cancellation, non-renewal, material change
~r termination ~s required
B. If the Certificate of Insurance on its face does not show on its face the existence of
the coverage fequired by items 1 B(1)-(7), an authorized representative of the
~nsurance company must include a letter specifically stating whether items 1.B. (1)-7)
are ~ncluded o~ excfuded.
END
.~ommunity Qevelopment Block Grar± Program Subrecipient Agrnements ins. req.
8-14-06 ep Risk Mgmt.
EXHIBIT C
CDBG COMPLIANCE AFFIDAVIT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY O~ NUECES §
Date ~ ' ~ ' ~ '
Affiant: _ ~`:~o~ ~S ~~_ ~ ; , ~ : ; ~. ~ ~, <~ f~ ~ ~~r~~ ~ C~~t+-~, s__, ~
Community Development Block Grant Subrecipient
Affiant, or~ oath, swears the following statements are true:
~ ~ . ~ r ,3 .,~ ~ ~ ___, am the ` _ ~ {~ (title)
of j~~ u; ~: c~~,t,E , ~~ _,,, ~~- Cfl~~_~_ ~~ ~,_5 ~~ ~ , a Texas nonprofit
;orporation, which has applied for and been awarded Community Development Block
~rant ("CDBG") Program funds adm~nistered by the City of Corpus Christi ("City"). Prior
to the start of the project for which CDBG funds have been awarded, as the representa-
tive of the above-named subrec~pient organization ("Subrecipient"), I met with City staff
and received copies of the following Federal rules and regulations:
OMB Circular A-~ 10 24 CFR 85.43 and 85.44
OMB Circular A-~ 22 24 CFR 570.200, 500, and 600 et. seq.
OMB Circular A-~ 33 49 CFR Part 24, 24.101-24.104
24 CFR Part 84
By e~ecution of this affidavit, I attest that I have received the above-listed Federal rules
and regulations, City staff has explamed the e~ules and regulations, and I understand the
Subr~c~p~ent's obligations of pe!~ormance under the rules and regulations. Further-
more, I acknowledge that there may be additional Federal rules and regulations,
beyor~d the rules and regulations listed above, to which the Subrecipient may be subject
and with which the Subrecipient must comply~.
Bv `-~-z ~ L .,.~- i . 1 ~-
~ ~ ~
SWC~tN TO AND SUBSCRIBED before me the ~~~~ day of~l Gv.~~1---~ , 2007.
-~
--- i~~"' l ~`v.~,--~G.-- '~~~~
~~aw~r,~ 1 ~ t C1Y-~--
rt~;e OSTER WELtS
~~err ~o
{ _ ~o'~~Y P'1~t(c, Stste of Texa~
'9j,~, t~~~; '~~• OAlmissian ~xpires
aruary ~~, 2oi ~
Notary Public, State of Texas
~ ~ ~ . _ .~,,w _ .~ ..~.
~
EXHIBIT D
~...~..
°~ CITY OF CORPUS C~ISTT
C DISCLOSURE OF II~iTEREST
City of,Co~ .. Ordinance 17112, as aanended, requires all persons or firms s~~ ~o do businass with tha Cri'y
to tbe ' infanaation. Every q~stion must be answered. If the quesaan ts na applicabl~ answer wrth
~J~a s' ' for de~tions.
~~/~Y ts~!~ar. : i. ~i, y, =1 .~ ~ e ~ v~ t. i G; ~.`, ~.-' ~, ~ L r-t1Z l,s T I
P. a. sox.
S`~T: u~k` i. .. ~+ ~~_. y~, .,, o c~%~ c c' r' ~, ; ~' iv~ ~ S T i ~/ /
~~ 7.~: 7,~f ~
FlRM IS: 1. Capozation ~ 1 2. Pactne~sf~iQ O 3_ Sok09vner O
4. Asociatioa t" ; S. Od~er O
DiSCL03URE QIIESZT~NS
If ~al is . .,~le~a~a~t usa t~ revarie side of t~s pag~e or sttach ~aoe s~eet.
Co pus
~. or mort ~.~'~~i~e ~~~m~"~'"~ of t6e af Cozpus t~rbti having aa "o~vnaship mne~,s~' comtidrtiag 3°/a
o~vai~sh~ the abvr-e "firm."
Natne Job ~tle and City Departmtnt (if known)
~ f .
2. Sts1e the of "offiicisi" of the City of Corpus Christi having an "owaecahip i~~est" constit~ng 3% or
mate of ~o~i-n«~in tbe ab~o~ve named "t'yrm."
Name ;? "I"rtle ~
3. Stsle the naa~es of p~ch "boa=d membet" of t6e C~'ty of Cospus Christi having an "ownesaiQ iatec+~' constituting
3% or more ~f't~e ownership in the above named "f'u~m "
Name 1~oard, Commissivn, or C'ommirtee
~
4. St~e the of+~ch empioyee cr officer of a"consultaat" for the City of Ca3rpo,s (.3risd who watked oa aay
ma~ter reu n~d ta 1be subjxt of this contract and has an "ownerstup interesr" const~amng 3% or more of the
aa+gers~ip the ai~o~ve namcd "fum."
Consultant
;
; ,,: ,
CEitTIFICATE
I certify that;ll infpe~ation pr+~vidod is we and cocrcct as of the date of this statemeat ~ai 1 have not lmowin y
withbeld discla~~~ny information requasted; and that supplemental statements a-iII be arompdy submitted to ~e
C~y af Cotpas Texas as chan~es occur.
Cortifj~ingPes~-: ~ ~ . ~ ~- L ~ c r~ .I..~ ~ ~' c~
rne , -
,-,
. . ~ ,
Sign~r~e of Cae~fymg Person: ~- ,. L.,_ ,; ;~ _~~ t_~_. D~: -- ~ y-~ ~
ei~ ~~t' Exhibit E
~orpus
- = Chr~sti
.....r.r
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
Th~ undersigned certifies, to tne best o~ his or her knoa~ledge and belief, that:
??) N~ federa{ appropriated funds have been paid or ~vill be paid, by or on behalf of the undersigned, to
any person for ~nfiuencing or attempting to influence an officer or an employee of any agency, a
rnember of congress an officer or employee of ccngress, or an employee of a member of congress
n connection with the awarding o* any federal contract, the making of any federal grant, the making
~f any federal loan, the entering in±o of any cooperative agreement. and the extension, continuation,
~ene~~val, amendment or modificat;on r~f any federal contract grant loan, or cooperative agreement.
;%) ~f any runds other than federal appropr~ated funds have been paid or will be paid to any person for
nfluencing or attempting to infiuen~e an officer or employee of any agency, a member of congress,
an afficer or employee of congress, or an employee of a member of congress in connection with this
federa~ contrac+ grant. loan, or cooperative agreement. the undersigned shall complete and submit
~vith ~h~s a Standard For~n-1 ~ Dis.alosure Form tc~ Report Lobbying." in accordance with its
~~nstructions
3j The ~ndersigneC shall require that the ~!anguage of this certification be included in the award
~cacuments for aii subawards at a~I tiers ;:including subcontracts. subgrants, and contracts under
grants loans and cooperative agreements) and tnat all subrecipients shall certify and disclose
accard~ngly
?h~s certification is a matenai -epresenration of fact upcn which reliance was placed when this transaction
was ma~ie or entered into. Submiss~or. of th~s certificabon is a prerequisite for making or entering into this
transaction ~mposed by Secticn 1352. Title 31 U S. Code Any person who fails to file the required
~ertific~ion shall be sub~ect tc: a c~vii per,alty of not less thar $10,000 and not more than $100,000 for
each such failure
~
- -~-~ ~ _._~__„ -~,.~
d' . _L.._.-.
.-.._-~--._.__. _._L ... _ _~.__.-. ._
Signakt~re
: _- ; v _ ~
•`- - - _< . ~~ ~~_ _
Print N1me of Authorized Indi~.iiduai
.~ , . 7
) ~ - i - ci
Date
% `" ~ `. _ .~,, ~ _ . , , .= x , , ' "~"`
Organizatior Name ~ ~