HomeMy WebLinkAboutC2007-458 - 8/28/2007 - ApprovedI]BG UBf~EfPIENT AGREEMENT
BETWEEN THE
CITY of oRf~fJ HRfTI
ANf]
CoATAL BEND ENTER Fold f1~~Ef~ENDENT L1111fVG
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This agreerr~ent {"Agreement}'} i made and entered into between the Cit of Cor us
Christ, ~ Texas home-rule municipal corporation ~ City }, acting throe hits Ci
tY
lUlanager orthe City Manager's designee ~"City fVfanager"}, and Coastal Bend Center
for Independent Living, Inc. ~"ubreoipien#"}, a nonprofit corporation or anized under
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the lauvs of the state of Texas.
V1~HEREA, the City has allocated Fifteen Thousand f~ollars ~15,O~o}from the
FY~0~7-oS Community f~eveloprrient Bieck grant ~ttl~BG"} Frogram for construction of
improvements to a facilities located at 1537 seventh street, Corpus Christi, ~lueces
County, Texas, 7~4~4, such facilities being owned by the ubrecipient "Facilf "
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1~HEREA, the City desires that safe and sanitary public facilities be rovided for love
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and moderate income ~nd~viduals and ~ndiv~duals With d~sabil~t~es;
VIEHEREA, the ubrecipient desires to operate public facilities to provide such services
to foW and moderate income individuals and individuals With disabilities Within the Cit of
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Corpus Christi end throughout the cor~mun~ty served by the ubreci lent in conformi
p ty
With ~4 CFA 570.08, as amended; end
~VHEREA, the City Wishes to encourage the services provided b the ubreci lent
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and there being ~ genuine need for these services and for appropriate facilities to
provide such services in the City of Corpus Christi
N01~V, THEREFORE, the City end the ubrecipient agree a follovus~
ECTfoN ~ . oPE, BUf)GET, CHEI]ULE, ANf] PAYMENT REC~IIIREMENT.
~~~ scope ~f I~I[arf~~ The ubrecipient shall complete the Work outlined in the fundin
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proposal that Was submitted and approved by the City s Ci#y Council for FY~D07~o8
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such proposal being incorporated into this Agreement by reference as if full set out in
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this Agreement, The ubrecipient, throuih its contractors and subcontractors shall
make improvements, to vuit: to ~ 537 Beventh street, improvements to Buildin "A"
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CBCiL property including a new roof and ~nter~or rehabilitation in the transitional units b
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y , ~~08, ~ Improvements }, The Improvements WWII b located on real ro ert
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owned by the ubrec~pient and located at ~ 537 seventh street, Cor us Christi hfueces
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County, Texas. For the purposes of this Agreement, the term "1=acilit " collectivef
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1V~2oo7-~2G
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~B ntr for I~ndep ~i~in
includes the aforementioned real property and any improvements existing thereon ~ of
the date of the Subrecipient' execution of this Agreement and includes, where
appropriate and in context, the proposed Improvements to be constr~,cted with the
funding provided underthis Agreement. Ail Improvements must be constructed in
accordance with the plans and specifications ~"Plans"} prepared by the Subrecipient's
registered architect or licensed professional engineer retained pursuant to subsection
7.. No construction may carr-mence until the Plans are approved by the Administrator
or the Administrator's designee {"AdmEnistrator'}} of the pity's community Development
Division ~"ADD"~ and by the pity's Development Services Department ~'~Deveiopment
Services"}.
1.~ Subrecipient Matching Funds Requirement. The Subrecipient shall provide no
matching funds forthe construction of the Improvements 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 ubrecipient's allocation will not be
disbursed, but i automatically forfeited and reverts to the pity for inciusion in future
DDB Programs,
~ .3 Budget and construction Schedule. The Subrecipient has provided an esti-
mated project budget and project construction schedule ~"Project Budget2~nd on-
truct~on Schedule"} based upon the proposed Improvements listed above and as are
described within this Agreement, which Project Padget and construction Schedule is at-
tached to this Agreement a Exhibit A and is incorporated into this Agreement by ref-
erence. Ten days prior to the award of any construction contact or subcontractor con-
struction contract pursuantto this Agreement, the Subrecipient shall provide a finalized
budget, which must include a schedule of the detailed costs of construction, and a
schedule of construction completion dates, which must include a detailed completion
schedule for the ~rarious aspects of construction for improvements to the Facility, which
documents} will then be substituted far the then existing Exhibit A and become Exhibit
A of this Agreen~entfor ell purposes underthis Agreement
~.4 contents of Finalised Budget and construction Schedule~s~. The finalized
budget must include line-item casts for each item referenced in subsection ~ . ~ of this
Agreement. The finalized budget must provide a detailed presentation of projected
resources 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. ~ of this Agreement, including, but not limited to,
dates forthe retention ofa registered architect or licensed professional engineer, com-
pletion of Plans, completion of conditions precedent to construction, commencement of
construction, completion of construction phases, and expected final completion date of
the Improvements,
~.~ Requests 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
budget and construction schedule and the submittal and approval of appropriate
coastal Bend Centerfor Independent ~MVing - loaf - FYg7~~8.doc Page ~ of ~5
documentation of the work completed, including, without limitatian, fully itemized
American Institute of Architects ~"AIA"} forms
~} No progress payments will be made without certification by the roistered architect
ar licensed professional engineerthat the phase to which the payment applies has
been substantially completed nor will any progress payment be made without an
inspection by staff of DD and Development services and approval by the
Adrr~inistrator and Development services staff affirming that the work has been
completed .
~D} The Administrator may require that the ubrecipient provide dawn date waiver
end a subordination of mechanic's lien claims priorto any payment.
~~~ Ail payments will be adjusted according to the actual construction cast 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 ubrecipient's share of costs as per the
approved finalized budget.
~,~ Approval of Finalized Bu~etand Dor~trc~ction achedu~e~~. 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 ~.4 of this
Agreement. The pity will not reimburse any construction casts incurred by the ubre-
cipient priorto the approval ofthe finalized budget end construction schedules}, except
far professional services as may be allowed in the Administrator's discretion.
~ .~ Periodic Performances Reports. The ubrecipient shall submit periodic perfar~
manse reports to the Administratorthat recite progress for the period and advising of
any problems encountered. A performance report must be provided with each request
for payment.
EDTI~N ~. RED~RDKEEPINC, UNIF~R~I AD~IINITRATl11E REUIRE~IENT
AND ETHER PR~CRAM REQUIREMENTS.
~.~ Donstruction and ~peratians Records. The ubrecipient shell pravide access to
ell original records, reports, and audits including, without limitation, ell 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 Subrcipient and its contractar~s}, between
cantractar~}and their subcontractors}, and between the ubrecipient and its regis-
tered arcf~itect~s} or licensed professional engineers}; 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
out in the Faciiitywhich pertains to the construction or operation of the Facility; and all
vuritten obligations puruantta this Agreement, including, but not limited to, ail informa-
tion an matching funds required under this Agreement, if any, during regular business
hours for any purposes of the pity, the United States Department of Hauling and Urban
Development ~"HUD"}, or both, to conduct audits and monitoring.
coastal Bend center for Independent diving -roof - FYO~-o8.doc Page 3 of 1 ~
2.~ Equal Participation Docurnentation~ The ubrecipient shall keep and provide ac~
cess to records documenting compliance with Bection ~ 0 of the Housing and ~ot~mu-
nity Development Act of ~ g74 [4 United states bode ~"U..D."~ 509], 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-
~cted to discrimination under any program or activity funded in whole or in part with
community developmentfunds made available puruantto theAct. Any prohibition
against discrimination on the basis of age under the Age Discrimination Act of ~ 7, as
amended, or with respect to an otherwise qualified disabled individual, as provided in 2
U.. 7'g4, a amended, also applies to this Agreement.
~. Information and Reports. The ubrecipient shall provide any information, reports,
data, and forms pertinent to this Agreement a the Administrator or staff of ADD may,
from time to time, request for the proper administration of this Agreement. The Bub
recipient shall adhere and comply with the reporting requirements mandated for the
Performance Measurement system, administered by the pity, as a condition of
receiving funds under this Agreement.
~.4 oI~B circulars A-~ ~ ~, A-1 ~~, and A-133. The Bubrecipient shall comply with the
requirements and standards of United states' office of Management and Budget
~"l1~IB"~ circulars A-~ ~ o, A-122, and A-~ 33, as each may be amended.
Z. compliance Documentation. The Bubrecipient shall keep and provide access to
records documenting compliance with the rules and regulations contained in Title 24,
chapter X70, et. seq., of the bode of Federal regulations ~`{FR"}, including, but not
limited to, subpart K, sections 7o~O3, Labor Standards; SIO.O~, Employment and
contracting opportunities; 57'0.608, Lead~Based Paint; 5~0.~09, Use of Debarred,
suspended, or Ineligible contractors or ubrecipients; 570.0, Uniform Administrative
Requirements and host Principles; and 67o~1 ~ , conflict of Interest. If there i a con-
flict of interest with any employee, agent, consultant, officer, or member of the Board of
Directors of the ubrecipient, the person with the conflict and the nature of the conflict
must be identified, by narrre and title, and submitted to the Administrator prior to any
costs being incurred t, in, or on the Facility with respect to construction of the Improve-
ments.
~.~ Equal En~ploymentopportunity. The ubrecipient shall complyuuith all appli-
cable Federal Equal Employment opportunity regulations, including, but not limited to,
Executive order ~ 1246, as amended, and section ~ of the Housing and Urban Develop
ment Act of ~ gB8 a set forth in 24 MFR a7o.6o7, as amended, and shall require cot~pli-
ance with the aforementioned lags and regulations in all contracts the ubrecipient
enters into with respect to construction of the Improvements.
2.7 Request for BidslProposal. The Bubrecipient shall comply with requirements of
FMB circular A-1 ~ o, 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
pity Manager, yr the Administrator upon request.
Coastal bend Center for independent Living -roof - FY07-o8.doc Pago 4 of 15
~,~ Real Property Acquisition, The ubrecipient shall complywith requirements of
49 MFR Part ~4, subpart B, as amended, and all state and local acquisition require-
ments with regard to gcquisition of property, if applicable, and shall provide such
records to representgtive of HUD, the pity Manager, or the Administrator upon request.
2.9 Disabled and Handicapped Accessibility. The ubrecipient shall comply with
the Americans with Disabilities Act of ~ ego, as amended, and with the rules and regu-
lationspublished in ~ MFR Part ~, as amended, and all state and local requirements
regarding disabled accessibility.
~.~ ~ Religious organizations, The ubrecipient shall comply with requirements re-
garding religious organizations, asset forth in 24 CFR 5~0.200~}, as amended.
ETi~N ~. UPENsION AND TERMINATION,
3,~ Application of ~4 MFR 85.4. The pity may suspend or terminate this Agreement
in accordance with 24 MFR 85.4, as amended, if the ubrecipient materially fails to
comply with any term of the DB Program awgrd or this Agreerr~ent.
3,~ Application of 24 DFR ~~.44. This Agreement may be terminated for convenience
in accordance with 24 MFR 85.44, as amended,
. Remedies for Non~compliance~ ~ursuantto the provisions cited in Section of
this Agreement, to Federgl rules and regulations applicable to the ubrecipient, and to
HUD guidelines, if any deficiencies are discerned by orthrough monitoring of this
Agreement, the Administrator may either temporarily wi#hhold cash payments pending
correction of the deficiencies, disallow all or part of the cost of the activity or action not
in compliance} wholly or pertly suspend orterminate the current award, withhold further
awards, or take any other remedies that may be legally available.
,4 Termination Notice. Either party may terminate this Agreement, during the term of
this Agreement, as of the last day of any month upon thirty X30}days prior written no~
floe. The party terminating this Agreement must comply with subsections 8.1 and 8.~ of
this Agreement and all other provisions of this Agreement providing responsibilities in
the event of termination.
. Termination. Upon a terrr~ination of this Agreement, the Subrecipient agrees to
refund to the pity all CDB Program funds expended on construction of the Facility and
Improvements. If the Subrecipient cannot refund all such money within thirty ~~~}days
of the termination notice, the pity may take whatever action i necessary to reimburse
the pity as set out in ~4 MFR 85.4 and 85.44, as each may be amended. latwith-
standingthis provision, the Reversion of CDC Funds provision, set out in Section 4 of
this Agreement, also applies to the Subrecipient's DB Program funds on hand, gc~
counts receivable, and real property under the Subrecipient's control.
SETioN 4. REIIERION of DB FUNDS
4,~ Facility and improvements Use to Meet National objective and same
Business Purpose. The ubrecipient's Facility and all Improvements must be used to
Caastal Bend Center for lndepender~t l.ivir~g -roof - FYQ7-~8.do~ Page 5 of ~ ~
meet one of the national objectives set forth in ~4 CFR 5la.~a, ~ amended, during
the term of this Agreer~ent and for one year following the date of final carr~pletion of the
construction of the Improvements or one yearfollawing the date of the last disburse-
ment of CAB funds under this Agreement, whichever is longer. In addition, the ubre~
cipient shall use the Facility and all Improvements farthe same business purpose as
that which existed an the date of the ubrecipient's execution of this Agreement far a
period of five ~5~ years following the date of final completion of the construction of the
Improvements arfollawing the date of the last disbursement of CDB funds underthis
Agreement, whichever i longer.
4.~ Facility and Improvements Nat Used to Meet National abjective and dame
business Purpose. In the event that the ubrecipient'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.~ of this Agreement, then the ubrecipient
shall reimburse the City farthe CDC funds received b the ubreipient as follows:
~A} Failure to meet national abjective: The ubrecipient must reimburse the fatal award
of CDC funds received under this Agreement.
~~} Failure to use Facility or any improvements for same business purpose: Prorated
reimbursement as a fractional amount, the numerator being the number of n~anth
that the ubrecipient's Facility or any lmprovernents failed to be used for the same
business purpose as that which existed an the date of the ubrecipient's execution
of this Agreement and the denominator being G~, multiplied bythe total amount of
D~ funds received by the ubrecipient underthis Agreement.
4.3 No Election of Rerr~e~ies. Resort, by the City, to a remedy under subsection 4.~
of this Agreement, ar another remedy provision set out in this Agreement, does not bar
the application and use of any other remedy allowed by law ar that may be enforced by
the City pursuant to ~4 CFR ~~0.5~~, as amended.
ETIaN 5r PR~RAM INCOME.
~.~ ~ispasition of Program Income. Program income received by the ubrecipient
as a result of this Agreement, if any, may be retained by the ubrecipient. 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 Carpus
Christi and throughout the community served by the ubrecipient in conformity with ~~
CFA ~1g.20S, s amended. The ubrecipient shall report program income to the City
annually, during the term of this Agreement, not later than August ~ for the previous
year ending July ~ .
~.2 Accounting for Program Income. The ubrecipient shall comply with FMB
Circular A-~ ~ 0, as amended, with reference to program income, if applicable.
ETIaN ~. INSURANCE ANA INDEMNITY PRa~1~IaN.
G.~ Insurance. The ubrecipient shall have in force, throughout the_term of this Agree-
ment, insurance that complies with the standards in Exhibit ~, a copy of which is at~
Coastal Bend Center far lr~dependent diving - roof - FYOI-D8,dac Page 6 of 1 ~
tacked to thisAgreement and is incorporated in this Agreement by reference. A certifi-
ate to that effect must be provided to the pity's Risk Manager ~"Risk tanager}'} and
the Administrator at least ten ~~ o}days prior to any construction. Failure to maintain
any of the types and limits of the irsurance required by Exhibit ~ is cause for the pity to
terrr~inate this Agreement and cancel any end all reimbursements of CDB funds to the
Subrecipient.
.~ Notice t~ pity, The Subrecipient shall require its insurance companies, ~rritten
policies, ar~d certificates of insurance to provide that the pity must be given thirty ~~~~
days advance notice by the insurer prior to cancellation, nonreneuual, or material change
of the insurance policies required by Exhibit B~ Failure to maintain such insurance gill
be cause for the pity tv take control of the Facility and all Ir~provements, cancel any
clairr~ that the Subrecipient nay have to the use of the Facility and ln~provements, and
cancel any and all reimburserr~ent of ~ funds to the Subrecipient.
fi.~ 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
adjust the types and limits of such insurance upon thirty ~~g}days v~rritten notice to the
Subrecipient. Insurance types and limits may not be adjusted more frequently than
once per year.
.~ Indemnification.
(A) The Subrecipient covenants and agrees That it will indemnify and
hold City harmless of, from, and against all claims, demands, ac-
tions, damages, losses, costs, liabilities, expenses, and judgments
recovered from or asserted against the Cify on account of injury or
damage to persons or property (including, without limitation on
the foregoing, workers' compensation, death, and premises de-
fects1 to the exten# any such damage or r'njury maybe incident fo,
arise out of, or be caused, either proximately or remotely, wholly
or in part, by an act or omission, negligence, or misconduct on the
par-[' of the City, its officers, employees, or agents ("lndemnitees"),
acting pursuan# to this Agreement and with or wifhout the express
or implied invitation or permission of the Subrecipient, or on the
parf of the Subrecipient or any of ifs 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 Indemnitees, the Subre-
cipient orany ofifs agents, servants, employees, contractors,
patrons, guests, licensees, or r"nvitees 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 Improvements
Constar Bend Center for Independent diving - roof ~ FYOI-o8.doc Page ~ of ~~
being constructed at the Facility or out of the use or occupancy of
the Improvements to the Facility or the Facility itself by Indemni-
tees, the Subrecipient, or any of its agents, servants, employees,
contractors, patrons, guesi~s, licensees, or invitees, and including,
withouf limitation, any damages or costs which may occur as a
result of the design of the Improvements to the Facility, the bid-
ding process, actual constructs"on of the Improvements to the Fa-
cilify, administration of the construction contracts by the City or
its designee, failure of the Improvements to the Facility prior to the
completion and acceptance of the Improvements by the City and
the Subrecipient jointly, failure of the Improvements to the Facility
to work as designed, failure of any con#ractor, subcontractor, or
manufacturer to honor its warranties, or failure of fhe Subrecipien#
to maintain the Improvements to the Facility or the Facility itself.
(B) These terms of indemnification are effective upon the date of exe-
cut~ion of this Agreement and whether such injury or damage may
result from the sole negligence, contributory negligence, or con-
currentnegligence of Indemnitees, but not if such damage or in-
jurymay result from the gross negligence or willful misconduct of
lndemnitees.
~C) The Subrecipient covenants and agrees that, in case the Cify is
made a party to any litigation against the Subrecipient or in any
litigation commenced by any party other than the Subrecipient
relating to this Agreement and the Improvements to the Facility
contemplated under this Agreement, the Subrecipient shall, upon
receipt of reasonable notice and at its own expense, investigate al!
claims and demands, attend to their settlement or other disposi-
t~on, defend the Cify in all actions based thereon with legal coun-
sel satisfactory to the Cify Attorney, and pay all charges of at
torneys and all other costs and expenses of any kind whatsoever
arising from any said claims, demands, actions, damages, losses,
costs, liabilities, expenses, or judgments.
(D) The provisions of this section survive the termination or expiration
of this Agreement.
ETI~I~ ~, UBREI~IENT' RELlIF~EMENT.
7.~ ~recontrt~ng and Pre~n~ructiar~ anf~rene. The ubrecipient has ~~-
tended a precar~tract~ng conference vuith pity repreenttive, The ubreCipient end ell
Goastar Bend Center for Independent diving ~ roof - FYO7-08.doc Page 8 of ~ 5
of its identified contractors and subcontractors must attend a preconstructian confer-
ence with pity representatives. Failure to do so nay result in the Subrecipient being
ineligible to receive the ~~8 funds awarded and allocated to the Subrecipient under
th is Ag reer~ent.
7.~ Pledged fan#ribution. The Subrecipient shall provide any additional funds
needed far the completion of the Improvements. The Subrecipient shall provide can-
celed cheeks another proof as maybe required by the Administrator proof of the
contribution.
?. Prepare Plans and pecifica#ions. The Subrecipient shall retain a registered
architect on licensed professional engineer in accordance ~vith FMB circular A-~ ~ g, as
amended, to prepare the Plans and to inspect ail Impravennents to ensure conformity
with final plans and specifications subrrritted to the Administrator.
7.4 Professional Services The Subrecipient shell retain professional services and all
necessary contractors for construction of the Improvements in accordance with DII~B
circular A-1 ~ a, as amended, and construct Improvements to the Facility in accordance
vuith final plans and specifications and the schedule submitted to D~ as set out in sub-
sectians 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
retained and that the construction of the Improvements is supervised.
7.5 ~han~e order Procedure. A change order procedure must be instituted to nuke
changes in the Plans or specifications or to decrease or increase the quantity of work to
be performed or materials, equipment, or supplies to be furnished far the Improvements
to the Facility The Subrecipient shall submit all change orders to the Administratorfor
approval prionto the change order becoming effective. Any rr~oney expended by the
Subrecipient pursuant to a change order and prior to subnnittal and approval of such
change order is not reimbursable, and the Subrecipient shall bean all such costs
associated r~ith unapproved changes.
~. Staff and Administrative Support. The Subrecipient shall provide sufficient staff
and administrative support to supervise the construction of the Improvements to the
Facility.
~,7 use ~f Funds. The Subrecipient covenants that all DB funds expended under
this Agreement will be used solely for the activities described in this Agreement. The
Subrecipient shall reimburse the pity far all funds expended fan activities not related to
the purpose and activities described in this Agreement ar that violate Federal or State
laws.
7.~ Accounting and Audit. The Subrecipient shall record financial transactions ac-
cording to approved accounting procedures and provide an independent audit of the
expenditures in accordance with OMB circular A-~ , as amended. Such audit must be
completed within ninety X90}days after the improvements to the Facility were com-
pleted. A copy of the audit must be provided to the pity within thirty ~~}days of com-
Coastal Bend Center for Independent Living -roof - FYg7-gS.doc Page 9 of ~ 5
pletion of the audit, If the audit sho~rs discrepancies between amounts charged the
ubrecipient and amounts reimbursed to the ubrecipient by the Dity, a resolution of
the discrepancies must be made ~rithin sixty {~}days from receipt of the audit by the
pity. if the ubrecipient ouues the pity money in resolution of the discrepancies, the
money must be paid vuithin ninety {g0} days from receipt of the audit by the pity or the
ubrecipient is in default pursuant to this Agreement.
7. completion Date of Donstruct~on. The ubrecipient shall complete construction
of the Improvements to the Facility in accordance Frith the approved flans and pecifi-
cations by May 31, ~~08. if the ubrecipient is rendered unable to carry out the terms
of this subsection, the ubrecipient shall promptly give the pity ~uritten notice of such
delay together~rith reasonable particulars concerning it. The Administrator may extend
the construction time schedule for such time as may be deemed necessary and
justified, provided, hovuever, that the extension of the construction time schedule does
not exceed the term of this Agreement. {An extension of the term is addressed in ec-
tion g.}
~TI~N ~. DITY' R~C~UIREMENT.
8.~ Domm~ttment of Funding for ~r~prover~ents of Facility. The pity shall provide
the ubrecipient up to Fifty Thousand Dollars ~~,ooo} from tyre pity's FY~OO7-o8
DD Program for improvements to the Facility as described in section ~ of this
Agreement and in accordance Frith the accepted bid, budget, and construction
schedules made a part of this Agreement, subject to the ubrecipient's compliance Frith
the provisions of this Agreement,
8.~ Additional Funds. Nothing in this Agreer~ent may be construed as requiring the
pity to provide additional construction funds to the ubrecipient at any time in the future.
~TION ~. GENERAL P~o111~oN.
9.~ Term. This Agreement terminates June o, ~ooS. Extensions to the term of this
Agreement may be requested by the ubrecipient and approved by the pity Manager.
Havtirever, the ubrecipient is bound by all covenants, terms, and conditions of this
Agreement including, vuithout limitation, recordkeeping, for a period of six {} years com-
mencing on the date of the ubrecipient's execution of this Agreement, unless a specific
bound period is shorter or longer as may be stated in this Agreement.
.~ objective. The ubrecipient shall operate the Facility and the improvements to
further the primary objective of the Housing & community Development Act as outlined
in ~4 MFR l0~20o and ~TO.2o~, as each may be amended, and uviil improve the Facil-
ity by May ~, X008, and provide programs to heap love and moderate income indivi-
dualsand individuals Frith disabilities improve the quality of their lives and reach their
maximum potential for independence and at all times in accordancevuith HUD's om-
munity Development Bloc~C grant regulations and guidelines and all local, state, and
Federal requirements and laves.
Coastal Beni tenter far Independent Living -roof - FY~~-08.dac Page 10 of 15
9,3 Licensing. The Subrecipient shall obtain and maintain any certificates and licen~
ses that are required of the Subrecipient, the Facility, and the programs offered at, on,
or in the Facility by the United States, the State of Texas, the City, and any other
agencies having regulatory~urisdiction over the Facility and the Subrecipient.
9,4 i~lainter~ar~ce. The Subrecipient shall furnish all maintenance to the Facility and
Improvements ~ necessary to maintain the Facility and Improvements in goad repair.
9.~ Default. In the event tyre Subrecipient ceases to operate the Facility in accordance
with the terms of this Agreement orcommit any other default in the terms of this
Agreerr~ent, the City is herein specifically authorized to demand reimbursement of the
CDB funds paid to the Subrecipient end, in the event the pity i not promptly repaid, to
take possession of the Facility and all Improvements without recourse and to dispose of
such Facility and Improvements in any mannerthe City deems necesaryto reimburse
the City.
9.G No L.ia~ility, In no event is the City liable for any contracts made by or entered into
by the Subrecipientwith any other person, partnership, association, firm, corporation, or
governmental entity.
~,~ notices,
~A} Ali 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; ~~} by deposit with the United States
Postal Service as certified or registered mail, return receipt requested, postage
prepaid; ~~ by prepaid telegram; ~~} by deposit with an overnight express delivery
service, for which service has been prepaid; or ~} by faxtransmission.
~~~ Notice deposited with the United States Postal Service in the manner described
above will be deemed effective two ~~} business days after deposit with the United
States Postal Service. Notice by telegram or overnight express delivery service will
be deemed effective one ~~}business day aftertransmision to the telegraph com-
pany orovernight express carrier. Notice by fax transmission will be deemed effec-
tive upon transmission, with proof of confirmed delivery.
~C} All such communications must only be made to the following:
If to the Cit
City of Corpus Christi
Attn: Administrator, Community Dev.
P. ~. Box 927
Corpus Christi, Texas 7'8409-9271
~3~ ~ } S2G-3o4~ office
~3~ } 544-1 X40 Fax
if to the Subrecipient:
Coastal Bend Center for
Div. Independent Living
Attn: Executive Director
~ 53l Seventh Street
Corpus Christi, Texas ~84D4
{~~ 883-84fi1 office
{381} 8834820 Fax
Costal fiend Center for l~deper~dent Living -roof - ~Y~l-~8.doc Poge ~~ of ~~
~~} dither party gay change the address to v~hich notice is sent by using method set
out above. The Subrecipient shall notify the pity of an address change within 10
working days after the address is changed.
9.8 NonasEgnr~ent. The Subrecipient may not assign, mortgage, pledge, or transfer
this Agreement or any interest in the Facility or Improvements without the prior written
consent of the pity,
.9 lVone~olusive ervicea. Nothing in this Agreement may be construed as prohibi-
ting the Subrecipient from entering into contracts uvith additional parties for the perfor-
manc of services similar or identical to those enumerated in this Agreement, and no~
thing in thisAgreement may be construed as prohibiting the Subrecipientfrom receiving
compensation from such additional contractual parties, provided that all other terms of
this Agreement are fulfilled.
9.~D Breach of A~reernent. Notithstandingnny other provisions of this Agreerr~ent,
should the Subrecipient breach any section or provision of this Agreement including,
vwrithout limitation, the failure to pay taxes, assessments, or other government charges,
the breach shall be remedied in accordance with subsection 3. of t#~is Agreement and
any other applicable subsections. If repayment is required as remedy, other remedies
nay be pursued, as deemed necessary by the pity Manager, if repayment i not made.
The pity is entitled to reasonable attorneys fees in any court action arising out of this
Agreement.
9.~ ~ ll~odif~cat~ons, Modifications to this Agreement are not effective unless signed by
a duly authorized representative of each of the parties to this Agreement. Modifications
uvhich do not change the essential scope and purpose ofthi Agreement may be ap-
proved vn behalf of the pity by the pity Manager.
.1 ~ Validity, If, for any reason any section, paragraph, subdivision, clause, phrase,
word, ar 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 Agreerr~ent, for it is the definite intent
of the pasties to this Agreement that every section, paragraph, subdivision, clause,
phrase, word, and provision of this Agreement be given full force and effect for its pur-
pose.
9.13 Jurisdiction and Venue. The lags of the State of Texas govern and are appli~
cable to any dispute arising under this Agreement, Venue is in corpus Christi, Nueces
bounty, Texas, v~rhere this Agreement was entered into and must be performed.
9.~4 Warranty frorr~ contractor. Upon the Subrecipient's receipt of a copy of the
ArchitectlEngineer's certificate of substantial completion, the ubrecipient shall only
look to the architects, engineers, contractors, subcontractors, manufacturers, and their
respective warranties to remedy any defects in design, u~rorkmanship, or materials, and
the Subrecipient covenants and agrees that the pity has no responsibilityfor any de-
fects of any kind or nature whatsoever, even if it is alleged such defect i due to the
Coastal Bead Center for Independent Living -roof - FYO7-o8.doc Page ~~ of 1~
pity's negligence. The pity must be ~ third party beneficiaryto the ubrecipier~t's
contracts effecting the improvements, and all warranties and duties under such con-
tract must be in favor of the ubrecipient and the pity.
g.1 ~ copies of Rules and Regu~ati~n, copies of some of the Federal rules and
regulations referenced in this Agreement have been provided to the ubrecipient at the
precontractir~g conference as evidenced by the ubrecipient's DB compliance
Affidavit, v~rhich is attached to this Agreement a Exhibit and incorporated in this
Agreement by reference. Any failure, by the pity, tv supply the ubrecipient with any
other Federal rules and regulations which may be applicable to the ubrecipient, its
Facility, the Irr~provements, DBE funding, or to recipients of 1=ederal funds does not
waive the ubrecipient' required compliance in accordance with Federal law,
~.~fi Disclosure of Interests. Incompliance with section 2-4g of the pity's bode of
ordinances, the ubrecipient shall complete the pity's ~~sc~o~ure of lrr~eresfs form,
which i 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.~~ ~ciCnowledgn~ent of Funding source. The ubrecipient shall give credit to the
pity's D~ Program as the project funding source in oil presentations, written docu-
ments, publicityr and dverkisements regarding the Improvements. The ubrecipient
agrees to acknowledge the sponsorship of the pity of corpus Christi at any event
promoting the project or any other project sponsor,
9~~ Dertif cation Regarding Lobbing. incompliance with federal law, the ubrecip-
ientshall execute Exhibit E, the contents of which, as a completed forrr~, are incorpo-
rated in this document by reference as if fully set out in this Agreement.
(EXECUTION PAGES FOLLOW)
coastal Bend center far ~nde~endent Liuin~ -roof - FY~T-~8.do~ Page ~ 3 of 15
E~cecuted ire duplicate originals this dad of , ~~0 .
ATTEST:
Arman o Chapa
City Secretary
CITY OF CORPUS CHRISTI
G rge K. Noe
City Manager
Approved ~ to form ~ , ~~ ~ ~~H~~~~
,.~
Eliaa h R. Hundle
Ais nt ~it~ Attarn
far the its Attarney
~ }} ~.,. ~.
1 ;
1~
~'r~i~ ;
A~KNaVVLEpMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrurr~ent vus acknawiedged before me on , ~~0~}
by Bare ~C. Nae, pity lUlneger of the its of corpus hr ti, a `feels me-rule
municipal oorparotion, an behalf of the carportion.
~yl l1l1/t
`*~ MY C0~lMI891~N ~~~kAk`S
*•
sea +,+ , ,~k~ ~ Y1 f~M~ ~ ~
~ ~1111111M~J~~~//~~'
z~r~l}~~~ - -- ..._. _ a Publicr state of Texas
Co~st~l Beni Center for Independent Cluing -roof - FYO~-OS,doc Page 14 of ~ ~
UB~EIPIENT: Coastal Bend enterfor independent Living, one.
ecutiv Direct
~)U1, ~ ~1~1~
Printed name
r 2~ b ~
Date
ACM~NOINLEDC~IEI~T
STATE OF TEXAS §
KNO1~U ALL EY ThIEE PREENT:
oUhfTY of NUE~E
This instrument uwrals acknov~fedged before me on ~ , ~~0~,
by ,Executive Director of Coastal fiend
Centerfor I depen nt Living, Inc., a Texas nonprofit corporation on behalf of the
corporation.
.,
_~~~~~~ ~~'~,~~+ I~a~~~ ~~,~~;~, state of Yexas No public, tat of Texas
My Camrniss~on expires
~t
~aastal Bend Center for Independent Living - raof - FYOl-08.dac Page 15 of 1 ~
EXHIBIT A
PRELIMINARY BUDGET & CONSTRUCTION SCHEDULE
FY and Fundir~g~ F1~~0071~8_Fundin
project Name; ~m rovements to Pro e
Crganization~ Coastal Bend Center for inde enden~ Livia CBCIL
Total Project Cost: 1~ DOD
PRELIMINARY BUDGET
Pro~et ~ir~~n~~al Re~~r~~:
Funds available to complete your project}
AMOUNT
• ether Funding .~.."."."."...... ~. "......,.. ""."",.. ""...a..
Fund FY ~OD7 ~~BV ~r~~n~~........r.~"a..•""r.. ""rr... .... ""^.. r...... ~~}A.roo
• Capital ontr~~ution from agency".."....","...........""...r..."."... D~
• TOTAL FUNDS Al1AiLABLE FDA PROJECT".""..",..".r••+..."""""".•• ~~ ~~~
Et~~t~d Expe~e:
List estimated expenses ~o_ complete your project such as,:
~r 5r4 n d ~ V M u 1 I tl~ n " .. r . " .. " . a .. ~ .. i ~ " • .. " . , " . " " r " * ... , . ~ .. ~ , . , . , . " .. r . " r
• Advert~s~ng, Pr~nt~ng, EtC, "..".....~..."....""",..,.Fr"" .."..~....".
~~ofeSlOrla~ Fees ...".,".."...rr"....... ...~. ~.~.,~"....,......a
Construction CDSt".....~...**............~..."."".....r.r...."~..."^..r
nt I nM~ 1 71JI~ .. " .. a a . " " ..... , " ... " r " " . " ..... ~ ........ " ... . .. . . ...... ~ ... .
Yt1,~r. LLL~p~VFf~~.,.".r.,.........~.."."a"...."""","r. r.~a..~~.."... """"....
~ TOTAL PROJECT CT....".."."..,"."....,.,.....~.." .................~~"
Funds needed far the Pro"ect
AM~IJ NT
ti~rn
~~ ~}~~~
~ioo~
{V~T~: The "total funds ~va~~ab~e for the ro'eot~' shill he a ul to the "tat~l ro'ect cost,"
PRELIMINARY CONSTRUCTION SCHEDULE -UPDATED
~Proiected dates ~~~ comp~~tion ~f key project p~~ses}
PROJECTED DATE
• Land Acquisition.~..~..,""..".........~............"~..."..."".,"r"."............ ~~~
• Plattingl foil Testing ~~ther} ....""....,".......,...~."..."........,",...,... N!A
• Procurement of ArchitectlEngineer ~AIE}services.""...."".."~r....... N!A
~ Design and Bid Documents ~omp~eted."""","...,...".""..."".,",..,.""."" November, ~oD7'-
• Avuard Bid and Construction Contract """.....,"..." .............."...".... November, ~oD~
• Commencement of Construction".,.,""..r.,,..~......"."...".,....".....~". December '~oo~
Vntl L17/~~~n ~t ~ ~~~~L m~fl~~~Af~ . ~ ", ~ ^. ~ ...... "..""."" "" r r... i. "~ ..." .. ~" .~,~-+~., ~~} 1~~~~
Enter month and gear
EXHIBIT B
INU~ANCE REQUIREMENT
f. ubreci~ient's Liability insurance
A. ubrecipient must not commence worst under this agreement all insurance required herein
has been obtained ar~d such insurance has been approved by the pity. ubrecipient must not
allow any subcontractor to commence work until aft similar insurance required of the
subcontractor has been obtained.
B. ubrecipient must furnisfi~ to the pity's Disk Manager and to the Department or Division
responsible for this agreement, copies of certificates of Insurance, showing the following
r~inin~um coverage by insurance company~s} acceptable to the pity's Risit fVlaneger, The City
must be Warned as an additional insured for all liability policies, and a blanket waiver of
subrogation is rewired on of l applicable policies.
TYPE of INSURANCE 1~11NlI~UIVI lNURAN~E Co1~El~A~E
30-Day written notice of cancellation, material Bodily Injury and Property Damage
change, non-renewal or terrrtlnation is required on
all certificate
~MMERIAL GENERAL LIABILITY including: $14~~Q,ggO Dombined_in !g a Limit
~ , Corr~mercial Farm
~. Premises - operations
3. Productsl completed operations Hazard
4. contractual Liability
5. Independent contractors
5. Broad Form Property Dar~age
7. Personalln~ury
FIRE and E~CTENDED D~VERACE At a r~ir~imurn, amount sufficient to cover the
replacement cost of facilities andl or building
tty to be named as loss payee using standard lass
payee clause.
BUILDERS RISK INBI~RANCE Full value of any improvements constructed with
~ . All Risks of Physical Lass; including collapse DB Funds provided under this agreement, so long
and transit coverage as work remains to be completed on such
improvements
. in the event of accidents of any kind, ubrecipient must furnish the Risk fUianager with copies
of afI reporks of such accidents within 1~ days of the accident.
Damrnunity Development Black grant Program Bubrecipient Agreements ins. req.
8-10-0? ep Risk I~gmtF
II. ADDITIONAL RECUIRE~CENT
A. erkificate of Insurance.
* The pity of or~u Christi must be named an d~itionai insured on the
liability coverage, and a blanket vuaiver of subrogation on all applicable policies.
* The Dity 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 A~~~D form, the cancellation
ciaus bottom right} must be amended by adding the wording "changed or"
between "be" and "canceled", end deleting the words, "endeavor to", and deleting
the wording after "left". In the alternative, a policy endorsement providing the
required cancellation language gill be accepted. In lieu of modification of the
ACRD form, separate policy endorsements addressing the sane substantive
requirements are mandatory,
~` The name of the project must be listed under"Description of operations"
* At a minimum, a 3o~da vuritten notice of cancellation, non~renewal, material
change ortermination is required.
B. if the Derkificate of Insurance on its face does not show on Its face the existence of
the coverage required by items ~ .E ~1 }-~~}, an authorized representative of the
insurance company must include a letter specifically stating whether iterr~s ~ , ~. {1 }-
~} are included or excluded.
END
Camr~unity ~evefopment Block grant Program ubrecipient Agreements ins. req.
5-10-~~ ep Risk Mgmt.
EXHIBIT C
CDBG COMPLIANCE AFFIDAVIT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
CQUNTY OF NUECES §
Date: ~~ ~~ 2-~3"D~
Affiant: ~f~~'[71-Q'~ ~1~ ~Ul~~ ~ 7 (~- ,
Community Development Block Grant S brecipient
Affiant, on oath, swears the following statements are true:
I, c5 U ~ ~ ~ , am the 771~~ J~"L~ ~ (title}
of ~ ~ , a Texas nonprofit
corparation, v~hich has applied far and been a~rarded ammunit~ Development Block
grant ~"DB"} Program funds administered hythe pity of corpus Christi ~"pity„}. Friar
to the start of the project for ~uhich DB funds have been au~arded, as the representa-
tive of the above~named subrecipient organisation ~"ubrecipient"}, I met Frith pity staff
end received copies of the folfovuing Federal rules and regulations:
FMB ircularA-11D 24 CFR 85.43 and 85.44
FMB ~ircular~-122 24 MFR 51D~2g0, 50a, and Oa et. seq.
~iB circular A-133 49 MFR Part 24, 24. ~ 0~-24,1 a4
24 FR Part 84
By execution of this affidavit, I attest that 1 have received the above-listed Federal rules
and regulations, it}~ staff` has explained the rules and regulations, and I understand the
ubrecipient's obligations of performance underthe rules and regulations. Further-
more, I ackno~vledge that there mar be additional Federal rules and regulations,
beyond the rules and regulations listed above, to v~rhich the ubrecipient may be subject
end utirith Which the ubrecipient must cvrnply.
By; r,
SWORN T~ AND ~JBDR~BED before me the ~ da of ~aD7'.
seal}
No ry Public, State of e~ca
M 41
'`
~
,, : N~t$fy PkI~f~C, ~~ 8 ~
.,~
~
~
My Commiss
~~ls
+
/f .r~~1 ~
~r#M~~-- QQ
•
~Q~~~ ~7~ ~~~ ~ ~
EXHIBIT D
.....~.~
~' ~ CITY OF CORPUS CHRISTI
C DISCLOSURE OF IlVTEREST
pity o~~a ~ ~ ' ~ 7 ~ ~~, a~ aa~end~d, req~ persons or ~irtns . ' ~ do hus~ness nth the i
de ~ fal~n ~nfar~a~au. every question must be . If rho que~o~r ~ sex a~p~~tcb~e, ans~v+er
A", See my si a for de~~ions.
~~ ~ •
~ ~
~* ~ ~ t ~
~~
~. S~aCStQn ~ S. r ~
~f~ddanal span ~s n ~ please use ~e ~~ aide opts ~ ~r ~ ~ ~
~. #ha names o "anpl~ a~~e ~` ~forpu ~ristY Imvm~ aa" ~' ' g °~o
ar. mara of the o~nerp in ~e eve ~m "atm."
Name ~ ~ Job Tine and Gity Depar~cnt (if known}
~. ~#atn the names of ~ "ocia~" ofthe pity of corpus ~hrissti havi~ "a ~' costing 3°I~ ar
n~o~e oi~the oes~shlp i~ tha above natured fit." .
~ T~Ie
3 ~ the names o~ each "boa~r~d n~embe~'' of c Ci o~ onus hrs'sti ~aviag a~ " , , ~t~' catituting
~~J~ or wore of the a~rne~ship in the shave named ten,
Naga ~ hoard, onission, or or~tt~c
~. ta~tte the natures a~' each e~p~oye~ ar oic~r oaf a ~`cansuitant" for the ~i~ of as ~'r who worked on an~r
~cr reed tha subject o~ this contract d has an "awner5h~p iut~" ~ ~°~o or more of the
~~r-nership nt a wave Warned "~."
4~oultaut
C~tTA~
I ~y that aid inf~t~ation pra~rided is true and cornet as oftho date of this ~eA~ ~ ~ have not knowing~~
wir~held disclosure of an information ruested; and that suppie~nentai statements will ~~ promptly submid to the
pity of ~arpns Ch~stif ~ as clan ur.
~ ~rt~e:
~fy~ngPersan.
i vf~ ~ers~n: Date: ~ ~
Ong
Clty of Exhibit E
~~ Corpus
Chnsti
.:...~
E~TIFI~ATI~N REARDIN L~BBYINC
~ERTIFIATI~N FAR C~NTRAT, RANT, LOAN,
ANA OOPERATIIfE AGREEMENT
The undersigned certifies, to the best of his or her knowledge and belief, that:
~~} No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person far influencing or attempting to influence an officer or an employee of any agency, a
member of congress, an officer or employee of congress, ar 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, lawn, or cooperative agreer~ent.
~2} If any funds other than federal appropriated funds have been paid or will be paid to any person far
influencing or attempting to influence an officer or employee of any agency, a member of cangress,
an officer or employee of congress, or an employee of a member of cangress in connection with this
federal contract, grant, lawn, or cooperative agreer~ent, the undersigned shall complete and submit
with this a standard Farm~1 ~, "Disclosure Farm to Report Lobbying," in accordance with its
instructions.
~3~ The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements and that all subrecipier~ts shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 135, Title ~, U.. fade. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than 'I a,a0a and not mare than 1 D4,04g for
each such failure.
~_
Sig ~ ture
~~ c:~~~ r ~-~
Print Name of Authorized Individual
~~~
Date
Co~~ ~ C~~~/~ r ~.~l~ ~
Organization Name