HomeMy WebLinkAboutC2007-485 - 8/28/2007 - ApprovedCDBG SUB ECIPIENT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
FIGHTING TO RID GANGS
IN AMERICA FOUNDATION, INC.
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This agreement "Agreement ") i s made and entered into between the' City of Corpus
Christi, a Texas home -rule municipal corporation ( °City " }, acting through its City
Manager or the City Manager's designee { "City Manager'), and Fighting tD Rid Gangs
41
in America Foundation, Inc. ( "Subrecipient "), a nonprofit corporation organized under
the laws of the State of Texas.
WHEREAS, the City has allocated Seventy -Fire Thousand Dollars ($75,000) from the
FY20076-08 Community Development Block Grant ("CDBG") Program for construction of
improvements to a facility located at 2121 Mary Street, Corpus Christi, Nueces County,
Texas, 78405, such facilities being owned by the Subrecipient ( °Facility ");
WHEREAS, the City desires that safe and sanitary public facilities be provided for low
and moderate income individuals and individuals with disabilities,
WHEREAS, 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 the United States' Code of Federal Regulations, Title 24, Chapter 570, as
amended; and
W HEREAS, the City wishes to encourage the services provided by the Subrecipiertt
and there bung a genuine need for these services and for appropriate f acilities to
provide such services in the City of Corpus Chriist';
NOW, THEREFORE, the City and the Subrecipient agree as follows:
SECTION 1. SCOPE, BUDGET, SCHEDULE, AND PAYMENT REQUIREMENTS.
1.7 Scope of Work. The Subrecipient shall complete the work outlined in the funding
proposal that was submitted and approved by the City's City Council for FY2007 -08,
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: install two (2) ADA-com liant ramps and doors, one ramp
and door placed at the Facility's front entrance and one ramp and door at the gym
entrance; remodel the boys' and girls' lavatories to meet A and
install an A hallway ramp within the Facility by August 31, 2008,
2047 -485
osi�siio�
2007,,P224
Fighting to Rid Gangs in America
( "Improvements "). The Improvements will be located on real property owned by the
Subrecipient and located at 2121 Mary Street, Corpus Christi, Nueces County, Texas.
For the purposes of this Agreement, the term "Facility" collectively includes the
aforementioned real property and any improvements existing thereon as of the date of
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the Subrecipient's execution of this Agreement and includes, where appropriate and in
context, the proposed Improvements to be con- structed with the funding provided under
this Agreement. All Improvements must be constructed in accordance with the plans
and specifications { "Plans ") prepared by the Subrecipient's registered architect or
licensed professional engineer retained pursuant to subsection 7.3. No construction
may commence until the Plans are approved by the Administrator or the Administrator's
designee ( "Administrator ") of the City's Community Development Division ( "CDD ") and
by the City's Development Services Department ( "Development Services ").
1.2 Subrecipient Matching Funds Requirement. The Subrecipient shall provide Ten
Thousand Dollars ($10,000) for the construction of the Improvements to the Facility. If
the Subrecipient is required under this Agreement to meet a matching funds require-
ment and fails to meet any portion of the requirement, the Subrecipient's allocation will
not be disbursed, but is automatically forfeited and reverts to the City for inclusion in
future CDBG Programs,.
1.3 Budget and Construction Schedule. The Subrecipient has provided an esti-
mated project budget and project construction schedule { "Project Budget and Conom
truct*ion Schedule ") based upon the proposed Improvements listed above and as are
described within this Agreement, which Project Budget and Construction Schedule is
attached 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
budget, which must include a schedule of the detailed costs of construction, and a
schedule of construction completion dates, which must'include a detailed completion
schedule for the various aspects of construction for Improvements to the Facility, which
documents) W'111 then be substituted for the then existing Exhibit A and become Exhibit
A of this Agreement for all purposes under this Agreement.
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1.4 Contents 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
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 1.1 of this Agreement, including, but not limited to
dates for the retention of a registered architect or licensed professional engineer, com-
pletion of Plans, complet*ion of conditions precedent to construction, commencement of
construction, completion of construction phases, and expected final completion date of
the Improvements.
1.5 Requests for Payment.
(A) All requests for payment made pursuant to this Agreement must be submitted to
the Administrator.
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(B) Progress payments for the improvements will be made based upon the finalized
budget and construction schedule and the submittal and approval of appropriate
documentat'i'on of the work completed, including, without limitation, fully itemized
(C) No progress payments will be made without certification by the registered architect
or licensed professional engineer that the phase to which the payment applies has
been substantially completed nor will any progress payment be made without an
inspection by staff of CDD and Development Services and approval by the Admin-
istrator and Development Services staff affirming that the work has been com-
pleted.
(D) The Administrator may require that the Subrecipient provide a down date waiver
and a subordination of mechanic's lien claims prior to any payment.
(E) All payments will be adjusted according to the actual construction cost and the
matching funds requirement, if any, and in no event may any payment exceed the
stated amount of this Agreement. All requests for payments, excluding acquisition
of property, will be prorated to reflect the Subrecipient's share of costs as per the
approver! finalized budget.
1.6 Approval of Finalized Budget and Construction Schedule(s). Construction of
Improvements to the Facility may not commerce prior to the Administrator's approval of
the finalized budget and construction schedule required under subsection 1.4 of this
Agreement. The City will not reimburse any construction costs incurred by the Subre.
cipient prior to the approval of the finalized budget and construction schedule(s), except
for professional services as may be allowed in the Administrator's discretion.
7.7 Periodic Performances Reports. The Subre C" 1P ient shall submit periodic perfor-
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mance reports to the Administrator that recite progress for the period and advising of
any problems encountered. A performance report must be provided with each request
for payment.
SECTION 2. RECORDKEEPING UNIFORM ADMINISTRATIVE REQUIREMENTS
AND OTHER PROGRAM REQUIREMENTS.
2.1 Construction and Operations Records. The Subrecipient shall provide access to
all or'iginal records, reports, and audits including, without limitation, all agreements and
appraisals for the Facility; invoices; payment and payroll records; bank records; plans
and specifications for the Facilities; Plans written and drawn pursuant to this Agree-
ment; change orders; contracts between the Subreci P ient and its contractor(s), between
contractor(s) and their subcontractor(s), and between the Subrecipient and its regis-
tered architect(s) or licensed professional engineer(s); communications and correspond-
ence 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 Facility which pertains to the construction or operation of the Facility; and all
written obligations pursuant to this Agreement, including, but not limited to, all informapm
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tion on matching funds required under this Agreement, if any, during regular business
hours for any purposes of the City, the United Stales Department of Housing and Urban
Development { "HUD "), or both, to conduct audits and monitoring.
The Subrec'ip'ient shall keep and provide ac-
2.2 Equal Parto 0 atsion Docu entatsion.
cess to records docurnentming compliance with Section 109 of the Housing and Commu-
nity Development Act of 1974 [42 United States Code ( "U.S.C. ") X5309], as amended,
which requires that no person shall, on the ground of race, color, national origin, reli-
gion, or sex, be excluded from participation in, be denied the benefits of, or be sub-
jected to discrimination under any program or activity funded in whole or in part with
community development funds made available pursuant to the Act. Any prohibition
against discrimination on the basis of age under the Age Discrimination Act of 1975, as
amended, or with respect to an otherwise qualified disabled individual, as provided in 29
U.S.C. §794, as amended, also applies to this Agreement.
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2.3 Information and Reports. The Subrecipient shall provide any information, reports,
data, and forms pertinent to this Agreement as the Administrator or staff of CDD may,
from time to time request for the proper administration of this Agreement. The Sub-
recipient shall adhere and comply with the reporting requirements mandated for the
Perfor ance Measurement System, administered by the City, as a condition of
receiving funds under this Agreement.
2.4 OMB C'ircularsA=110,Aml22,andAvml33. The Subrec*ipient shall comply with the
requirements and standards of United States' Office of Management and Budget
{ "OMB "} Circulars A-1 10, A-1 22, and A -133, as each may he amended.
2.5 ComplianceDocumentation. The Subrecipient shall keep and provide access to
records 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
limited #o, Subpart K, Sections 570.603, Labor Standards; 57x.607, Employment and
Contracting Opportunities; 570.6Q8, Lead -Based Paint; 570.609, Use of Debarred,
Suspended, o r ineligible Contractors or Su b recipients 570.610, Uniform Ad m in istrative
Requirements and Cost Principles; and 570.611, Conflict of Interest. If there is a con-
flict of interest with any employee, agent, consultant, officer, or member of the Board of
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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
casts being incurred at in or on the Facility with respect to construction of the Improve-
ments.
2.6 Equal Employment Opportunity. The Subreebipient shall comply with all appli-
cable Federal Equal Employment Opportunity regulations, including, but not limited to,
Executive Order 11246, as amended, and Section 3 of the Housing and Urban Develop-
ment Act of 7968 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.
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N. America � Foundation Inc., FY0708.doc
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2.7 Request for B*Ids/Proposals. The Subrecipient shalt comply with requirements of
OMB Circular A -110, as amended, and all State and local procurement requirements
with regard to solicitation of bids and proposals for construction of the Improvements to
the Facility, if applicable, and shall provide such records to representatives of HUD, the
City Manager, or the Administrator upon request.
2.8 Real Property Acqu'is*it'ion. The Subrecipient shall comply with requirements of
49 CFR Part 24, Subpart B, as amended, and all State and local acquisition require-
ents with regard to acquisition of property, if applicable, and shall provide such
records to representatives of HUD, the City Manager, or the Administrator upon request.
2.9 Disabled and Handicapped Accessibility. The Subrecipient shall comply with
the Americans with Disabilities Act of 1990 as amended, and with the rules and re9u.
lations published in 28 CFR Part 36, as amended, and all State and local requirements
regarding disabled accessibility.
2.10 Religious Organizations. The Subrecipient shall comply with requirements remb
re�igiaus organizations, as set forth in 24 CFR 570.200(j), as amended.
SECTION 3. SUSPENSION AND TERMINATION.
3.1 Application of 24 CFR $5.43. The City may suspend or terminate this Agreement
in accordance with 24 CFR 85.43, as amended, if the Subrecipient materially fails to
comply with any term of the CDBG Program award or this Agreement.
3.2 Application of 24 CFR 85.44. This Agreement may be terminated for convenience
in accordance with 24 CFR 85.44, as amended.
3.3 Remedies 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 guidelines, if any deficiencies are discerned by or through monitoring of this
Agreement, the Administrator may either temporarily withhold cash payments pending
correction of the deficiencies, disallow all or part of the cost of the activity or action not
in compliance, wholly or partly suspend or terminate the current award, withhold further
awards, or take any other remedies that may be legally available.
3.4 Termination Notice. Either party may terminate this Agreement, during the term of
this Agreement, as of the last day of any month upon thirty (30) days prior written
notice. The party
t erminating this Agreement must comply with subsections 3.1 and 3.,,2
6. of this Agreement and all other provisions of this Agreement providing responsibilities in
the event of termination.
3.5 Termination. Upon a termination of this Agreement, the Subrecipient agrees to
refund to the City all CDBG Program funds expended an construction of the Facility and
Improvements. if the Subrecipient cannot refund all such money within thirty (3a) days
of the termination notice, the City may take whatever action is necessary to reimburse
the City as set out in 24 CFR 85.43 and 85.44, as each may be amended. Notwith-
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standing this provision, the Reversion of CDBG Funds provision, set out in Section 4 of
this Agreement, also applies to the Subrecipient's CDBG Program funds on hand,
accounts receivable, and real property under the Subrecipient's control.
SECTION 4. REVERSION OF CDBG FUNDS.
4.1 Facility and Improvements Use to Meet National Objective and Same Busi-
ness Purpose. The Subrecipient's Facility and all Improvements must be used to meet
one of the national objectives set forth in 24 CFR 570.208, as amended, during the term
of this Agreement and for one year following the date of final completion of the construc-
tion of the Improvements or one year following the date of the last disbursement of
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CDBG funds under this Agreement, whichever is longer. In addition, the Subrecipient
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
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(5) years following the date of final completion of the construction of the Improvements
or f ollowing the date of the last disbursement of CDBG funds under this Agreement,
whichever is longer.
4.2 Facility and Improvements Not Used to Meet National Objective and Same
Business Purpose. In the event that the Subrecipient's Facility or any Improvements
are not used to meet one of the rational objectives or the same business purpose for
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the length of time specified in subsection 4.1 of this Agreement, then the Subrecipient
shall reimburse the City for the CDBG funds received by the Subrecipient as follow-so.
(A) Failure to meet national objective: The Subrecipient must reimburse the total award
of CDBG funds received under this Agreement.
(B) Failure to use Facility or any Improvements for same business purpose: Prorated
reimbursement as a fractional amount, the numerator being the number of months
that the Subrecipient's Facility or any Improvements failed to be used for the same
business purpose as that which existed on the date of the Subrecipient's execution
of this Agreement and the denominator being 60, multiplied by the total amount of
CDBG funds received by-the Subrecipient under this Agreement.
4.3 No Election of Remedies. Resort, by the City, to a remedy under subsection 4.2
of this Agreement, or another remedy provision set out in this Agreement, does not bar
the application and use of any other remedy allowed by law or that may be enforced by
the City pursuant to 24 CFR 570.543, as amended,,
SECTION 5. PROGRAM INCOME.
5.'i Dwisposition of Pro gram Income. Program income received by the Subrecipient
as a result of this Agreement, if any, may be retained by the Subrecipient. Any such
program income must be used to operate public facilities to provide services to low and
moderate income individuals and individuals with disabilities within the City of Corpus
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Christi and throughout the community served by the Subrecipient in conformity with 24
Fighting to Rid are in America Foundation Inc. F
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CFR 570.208, as amended. The Subrecipient shall report program income to the City
annually, during the term of this Agreement, not later than August 31 for the previous
year ending July 31.
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5.2 Accounting for Program Income. The Subrecipient shall comply with OMB
Circular A -110, as amended, with reference to program income, if applicable.
SECTION 6. INSURANCE AND INDEMNITY PROVISIONS.
6,1 Insurance. The Su brecl pient shall have in force, throughout the term of this
Agreement, insurance that complies with the standards *in Exhibit B, a copy of which is
attached to this Agreement and is incorporated in this Agreement by reference. A
certificate to that effect must be provided to the City's Risk Manager ( "Risk Manager ")
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and the Administrator at least ten (10) days prior to any construction. failure to main-
tain any of the types and limits of the insurance required by Exhibit B is cause for the
City to terminate this Agreement and cancel any and all reimbursements of CDBG funds
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to the Subrecipient.
6.2 Notice to City. The Subrecip'ient shall require its insurance companies, written
policies, and certificates of insurance to provide that the City must be given thirty (30)
days advance notice by the insurer prior to cancellation, nonrenewal, or material change
of the insurance policies required by Exhibit B. Failure to maintain such insurance will
be cause for the City to take control of the Facility and all Improvements, cancel any
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claim that the Subrecipient may have to the use of the Facility and improvements, and
cancel any and all reimbursements of CDBG funds to the Subrecipient,
6.3 Right to Re- evaluation and Adjustment of Limits. The Risk Manager retains the
right to re- evaluate the insurance requirements during the term of this Agreement and
adjust the types and limits of such insurance upon thirty (30) days written notice to the
Subrecipient. Insurance types and limits may not be adjusted more frequently than
once per year.
6.4 Indemnification.
{A) The Subreci P ient covenants and agrees that it will indemnify and
hold City harmless of, from and against al! claims,, demands, acm tions, damages, losses, coS ts, lia
expenses, and judgments
recovered from or asserted against the Cify on account of injury or
damage to persons or properly (including, without limitation on
k' tion death and re misesdew
the foregot If P
a M N "dent to
h be inci
fects) fecfs) to the extent any suc y may be ,
arise out of, or be caused, either proximately or re mo #ely, wholly
or in part, by an act or omission, negligence, or misconduct on the
part of the City, its officers, employees, or agents "Indemnifees" },
acting pursuant to #his Agreement and with or without the express
Fighting to Fri d Gangs in America Foundation Inc. FY0708.doc
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the Subrecipient or implied invitation or permission , or on the of
part of the Subrecipient or any of its agents, servants, employees,
con tractors, pa trons, guests, licensees'. or iivitees el tering u pon
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 p of the violation by Inde nimtees, the Subrew
i
cipient or any of ts agents, servants, employees, contractors,
papatrons, patrons, guests,, licensees, or invitees of any law, ordinance, or
governmental order of any kind, or when any such injury or dam-
age may in any other way arise from or out ohe f t Improvements
being constructed at the Facility or out of the use or occupancy of
the Improvements to the Facility or the Facility itself by Indemniam
te es the S ubrecipient, or any of its agents, servants, employees,
contractors, patrons, guests, licensees, or invi tees, and including,
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without 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 construction of the Imp rovements to the Falm
administration of the construction contracts by the City or
its designee., failure of the Improvements to the Facility prior to the
comple.lon and acceptance of the Improvements by the City and
the Subrecipien
t jointly, fa ilure of the Improvements to the Facility
to work as designed, failure of any contractor, subcontractor, or
manufacturer to honor its warranties, or failure of the Subreciptent
to maintain the Improvements to the Facility or the Facility i #self.
(B) These terms of indemnification are effective upon the date of exeme
cution of this Agreement and whether such injury or damage may
result from the sole negligence, contributory negligence, or con=
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current ne 1i ence o , f Indemnitees but no# f such damage or in-
jury may result from the gross negligence or willful misconduct of
n emni es.
0 (C} The Su brecipient covenants and agrees that, in case the Ci M is
made a party to any 11 .9gation agains Bt the Su brecipient or in any
gation commenced by any party other than the cipie n t
relating to this Agreement and the Improvemen #s to the Fact lity
con templated under this Agreement, the
Subrecipienf shall, u pon
receipt o reasonable notice and at its own expense, investigate all
claims and demands, attend to their se en or other disposi-
tion, defend the City in all actions based thereon with legal
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counsel satisfactory to the City Attorney, and pay all charges of
attorneys and all other costs and expenses of any kind whatso"
ever arising from any said claims,, demands, actions,, damages,
losses, costs, liabilities, expenses, orju
dgments.
(D) The provisions of this section survive the termination or expiration
of this Agreement.
SECTION 72 SUBRECIPIENT I S REQUIREMENTS.
7.1 Precontracting and Preconstruction Conference. The Subrecipient has attend-*
a precontractng i conference with Ci #y representatives. The Subrecipient and all of its
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identified contractors and subcontractors must attend a preconstruction conference with
City representatives. Failure to do so may result in the Subrecipient being ineligible to
receive the CDBG funds awarded and allocated to the Subrecipient under this Agree-
ment.
7.2 Pledged Contribution. The Subrecipient shall provide any additional funds
needed for the completion of the Improvements. The Subrecipient shall provide can-
celed checks or other proof as may be required by the Administrator as proof of the
contribution..
7.3 Prepare Plans and Specifications. The Subrecipient shall retain a registered
architect or licensed professional engineer
in accordance with OM B 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 Professional Services. The Subrecipient shall retain professional services and all
necessary contractors for construction of the Improvements in accordance with OMB
C'ircularA-110,asa ended, and construct Improvements to the Facility in accordance
with final plans and specifications and the schedule submitted to CDD as set out in sub-
sections 1.1 and 1.3 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 Change 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 performed 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
associated with unapproved changes.
7.6 Staff and Administrative Support. The Subrecipient shall provide sufficient staff
and administrative support to supervise the construction of the Improvements to the
Facility.
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7.7 Use of Funds. The Subrecipient covenants that all CDBG funds expended under
this Agreement will be used solely for the activities described in this A The
Subrecipient shall reimburse the City for all funds expended for activities not related to
the purpose and activities described
in this Agreement or that violate Federal or State
laws.
7.8 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 -133, as amended. Suchauditmustbe
completed 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 comMEN
of the audit. If the audit shows discrepancies between amounts charged the
Subrecipient and amounts reimbursed to the Subrecipient by the City, a resolution of
the discrepancies must be made within sixty (60) days from receipt of the audit by the
City. If the Subrecipient owes the City money in resolution of the discrepancies, the
money must be paid within ninety {90} days from receipt of the audit by the City or the
Subrecipient is
in default pursuant to this Agreement.
7.9 Completion Date of Construction. The Subrecipient shall complete construction
of the Improvements to the Facility in accordance with the approved Plans and Specifi-
cations by August 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
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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
justi-fied, provided, however, that the extension of the construction time schedule does
not exceed the term of this Agreement. (An extension o f the term is addressed in
Section 9.)
SECTION 8. CITY'S REQUIREMENTS.
8.1 CO mift ent of Funding for Improvements of Facility. The City shall provide
the Subrecipient up to Seventy -Five Thousand Dollars ($75,x00) from the City's
FY2007-08 CDBG Program for Improvements to the Facility as described in Section 'f
of this Agreement and in accordance with the accepted bid, budget, and construction
schedules made a part of this Agreement, subject to the Subrecipient's compliance with
the provisions of this Agreement.
8.2 Additional Funds. Nothing in this Agreement may be construed as requiring the
City to provide additional construction funds to the Subrecipient at any time in the future.
SECTION 9. GENERAL PROVISIONS.
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9.1 Term. This Agreement terminates September 30, 2008. Extensions to the term of
this Agreement 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 commencing on the date of the Subrecipient's execution of this Agreement,
unless a specific bound period is shorter or longer as may be stated in this Agreement.
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9.2 Objective. The Subrecipient shall operate the Facility and the Improvements to
further the primary objective of the Housing &Community Development Act as outlined
V
n 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-
duafs and individuals with disabilities improve the quality of their lives and reach their
maximum 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 Licensing. The Subrecipient shall obtain and maintain any certificates and licen-
ses that are required of the Subrecipient, the Facility, and the programs offered at, on,
or in the Facility by the United States, the State of Texas, the City, and any other
agencies having regulatory jurisdiction over the Facility and the Subrecipient.
9.4 Maintenance. The Subrecipient shalt furnish all maintenance to the Facility and
Improvements as necessary to maintain the Facility and Improvements in good repair.
9.S Default. In the event the Subrecipient ceases to operate the Facility in accordance
with the terms of this Agreement or commits any other default in the terms of this
Agreement, the City is herein specifically authorized to demand reimbursement of the
CDBG funds paid to the Subrecipient and, in the event the City is not promptly repaid, to
take possession of the Facility and all Improvements without recourse and to dispose of
such Facility and Improvements in any manner the City deems necessary to reimburse
the City.
9.6 No Liability. In no event is the City liable for any contracts made by or entered into
by the Subrecipient with any other person, partnership, assoc iation, firm, corporation, or
governmental entity.
9-.7 Notices.
(A) All notices, demands, requests, or replies provided for or permitted under this
Agreement, by either party must be in writing and must be delivered by one of the
following methods: (1} b YPersonal delivery; (2) by de posit with the United States
Postal Service as certified or registered mail, return receipt requested, postage
prepaid; (3} by prepaid telegram; (4) by deposit with an overnight express delivery
service, for which service has been prepaid; or {5} by fax transmission.
(B} Notice deposited with the United States Postal Service
in the manner described
above will be deemed effective two (2) business days after deposit with the United
States Postal Service. No tice by telegram or overnight express delivery service will
be deemed effective one {1) business day after transmission to the telegraph
company or overnight express carrier. Notice by fax transmission will be deemed
effective upon transmission, with proof of confirmed delivery.
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(C) All such communications must only be made to the fallowing: IP
If to the Cit
If to the Subrecipient:
City of Corpus Christi Fighting to Rid Gangs in America
Attn: Administrator, Community D Diu. Foundation, Inc.
P. O. Box 9277 Attn: Executive Director
Corpus Christi, Texas 75469 -9277 2121 Mary Street
(361) 826 -3045 Office Corpus Christi, Texas 78405
(361) 844 -1740 Fax (36'!) 854 -1397 Office
(361) 884 -5Q22 Fax
(D) Either party may change the address to which notice is sent by using a method set
1P 1P
out above. The Subrecipient shall notify the City of an address change within 10
working days after the address
is changed.
9.8 Nonassignment. The Subrecipient may not assign, mortgage, pledge, or transfer
this Agreement or any interest in the Facility or Improvements without the prior written
consent of the City.
9.9 Nonexclusive Services. Nothing in this Agreement may be construed as prohibi-
ting the Sub recipient from entering into contracts with additional parties for the perfor-
mance of services similar or identical to those enumerated in this Agreement, and no-
thing in this Agreement may be construed as prohibiting the Subrec*ipient from receiving
compensation from such additional contractual parties, provided that all other terms of
this Agreement are fulfilled.
9.70 Breach of Agreement. Notwithstanding any other provisions of this Agreement,
should the Subrecipient breach any section or provision of this Agreement including,
without limitation, the failure to pay taxes, assessments, or other government charges,
the breach shall be remedied in accordance with subsection 3.3 of this Agreement and
any other applicable subsections. If repayment is required as a remedy, other remedies
may be pursued, as deemed necessary by the City Manager, if repayment is not made.
The City is entitled to reasonable attorneys fees in any court action arising out of this
Agreement.
9.11 Modifications. Modifications to this Agreement are not effective unless signed by dP
a duly authorized representative of each of the parties to #his Agreement. Modifications
which do not change the essential scope and purpose of this Agreement may be
approved on behalf of the City by the City Manager.
9.12 Validity. !f, for any reason any section, paragraph, subdivision, clause, phrase,
word, or provision of this Agreement is held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it shall not affect any other section, paragraph, sub.
clause, phrase, word, or provision of this Agreement, for it is the definite intent
of the parties to this Agreement that every section, paragraph, subdivision, clause,
phrase, word, and provision of this Agreement be given full force and effect for its pur-
pose.
Fighting to Rid are in America Foundation Inc., F
Page 12 of 15
9.13 Jurisdiction and Venue. The laws of the State of Texas govern and are appli-
cable to any dispute arising under this A greement. Venue is in Corpus Christi, Nueces
County, Texas, where this Agreement was entered into and must be performed.
9.14 Warranty from Contractor. Upon the Subrecipient's receipt of a copy of the
Arch itect/Eng ineer I s certificate of substantial completion, the Subrecipient shall only
look to the architects, engineers, contractors, subcontractors, manufacturers, and their
respective warranties to remedy any defects in design, workmanship, or materials, and
the Subrecipient covenants and agrees that the City has no responsibility for any de-
fects of any kind or nature whatsoever, even if it is alleged such defect is due to the
City's negligence. The City must be a third party be neficiary to the Subrecipient's
contracts effecting the Improvements, and all warranties and duties under such con.
IP
tracts must be in favor of the Subrecipient and the City.
9.15 Copies of Rules and Regulations. Copies of some of the Federal rules and
regulations referenced in this Agreement have been provided to the Subrecipient at the
precontracting conference as evidenced by the Subrecipient's CDBG Compliance
Affidavit, which is attached to this Agreement as Exhibit C and incorporated in this
Agreement by reference. Any failure, by the City, to supply the Subrecipient with any
IP
other Federal rules and regulations which may be applicable to the Subrecipient, its
Facility, the Improvements, CDBG funding, or to recipients of Federal funds does not
waive the Subrecipient's required compliance in accordance with Federal law,,
9.16 Disclosure of Interests. In compliance with Section 2 -349 of the City's Code of
Ordinances, the Subrecipient shall complete the City's Disclosure of Interests form,
which is attached to this Agreement as Exhibit D, the contents of which, as a
completed form, are incorporated
in this document by reference as if fully set out in this
Agreement.
9.17 Acknowledgment of Funding Source. The Subrecipient shall give credit to the
City's CDBG Program as the project funding source in all presentations, written docu-
ments, publicity, and advertisements regarding the Improvements. The Subrecipient
agrees to acknowledge the sponsorship of the City of Corpus Christi at any event
promoting the project or any other project sponsor.
9.18 Certmificatwion Regarding Lobbing. Incompliance with federal law, the Subrecipvw
shall execute Exhibit E, the contents of which, as a completed form, are incorpo-
rated in this document by reference as if fully set out in this Agreement.
(EXECUTION PAGES FOLLOW)
Fig hti n to Rld Gang s in America Fou nd at1of1 I n . F
Page 13 of 15
Executed in duplicate oriIt IP
ginals this 111i'--day of , 20Q8.
ATTEST:
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
Oeolycge K. Noe
City Manager
Approved as to form: / � , 2008
E14izabP R. Hundley
Assistant City Attorney
for the City Attorney
STATE OF TEXAS §
COUNTY OF NUECES §
1
ACKNOWLEDGMENT
ooOMPEL:; 4. ICU i h �uw.
EVUFICIL a M 40 W
MR
SE /J
KNOW ALL 13Y THESE PRESENTS:
This instrument was acknowledged before me on l�If!'UAhw
by George K. Noe, City Manager of the City of Corpus Christi, a Texas
municipal corporation, on behalf of the corporation.
(seal)
Fighting to Rid an in America Foundation Inc., FY070B.doc
� Q
e -rule
Notary ublic, State of Texas
2008
COWIE PAPXS
�* MISSION EXPIR
90 2011
PON ■i
Page 14 of 15
SUBRECIPIENT: FIGHTING TO RFD GANGS IN AMERICA FOUNDATION, INCO
Executive Director
Printed name
STATE OF TEXAS §
COUNTY OF NUECES §
Date
ACKNOWLEDGMENT
-OMEM a ftmomo ()T
KNOW ALL BY THESE PRESENTS:
hh6T is instrument was acknowledged before me on C� , 2008,
Or
by � e � ,Executive Director of Fighting to Rid
Gangs in America Fomidation, Inc., a Texas nonprofit corporation on behalf of the
corporation.
Fig Ming to Rid Gangs in America Foundation Inc.
Page 15 of 15
CAS. }.
by i
*
Notaf'yA F � L r -
■ + TqXS$
MCJ T � uP AD I
-F
Fig Ming to Rid Gangs in America Foundation Inc.
Page 15 of 15
EXHIBIT A
PRELIMINARY BUDGET &CONSTRUCTION SCHEDULE - - --.. - 01 11 iiiihilm-won
UPDATED
FY and Funding: FY2007 /CDBG Fundi
Project N Accessibility Improvements
Organ'i' t ion: za FIGHTING TO RID GANGS IN AMERICA
Total Project Cost'. $ 85,000
Updated on: J@nuarv,25, 200o
PRELIMINARY BUDGET
Project Financial Resources:
{Funds available to complete your project} AMOUNT
Funding
0 Other Valero.,, $ 51000
0 Fund FY2007 ■ ■* r■# a■■ f i* r r■ r t ■ i i i# F f* F f■ i f f ■.■ i' ■ t 175,000
0 Capi I Contribution from Agency.......... i * ■ i ■ i ■ ■ rt i t ■ i # i # # i # $ 51000
0 Other.. ■ * . . . .. ■ i 4 i i S I D E ■ t f f 4 + ip f * i r i f f @* t. ■ p4 ■■■ i o# f t i F t E* # 4 ■ F F ■ ■+ f i i# $ 0 r
a TOTAL F Ds A AILABLE FORPROJEC%T.........0441pbmm%wmm4mammmao $85V000
EEEEE
Estimated Expenses:
(List estimated expgn§q§ to comrAete Your protect) such aso.
AMOUNT
nd * N/A
Acquisition i f f * * * i # i ; ; ; t ■ E D N A r ■ ■ ■ F W F F * ■ i t t ■ ■ i 4 * i ■ * ■ •1 4 f r ■ . ■ % ■ i MENEM
0 Etc. mwtbqgqp qPWW re tip b move $ 11000
Adv e rti s I ng, Pri nti ng , $71,200
Construction i i i a■ i* f i' F t* f i■ f f* t t. ■. * *+ f■■ t *■ f■ i. i i f i r r ■■ i■ i # * +; ■
0 t $ 7.1100
Contingencies ■ i f i. i i i f i # f■ f t* r i t e■ f i t i m f■■ i■.■ i i i f i■ t ■* f ■ OWN ■ # %% f r a■ 0
Other&- (Sp
t eci fy). i i i f* i i ■* t i f * *■ i■ i f■ i t t i i i * ■* i* t t f t * ■ ■* i* 1 waffims
TOT& PROJECT f ■ M i t t•■ i i f* F t i ■# i i f t t i f f 4 r■ r+ t■ ■ i F 4; s■ i i i f
$ 85pOOO
r
,(Funds needed for the
NOTE: The "total funds available for the r ampiect" shall be equal to the "total
MENEENEEN
PRELIMINARY CONSTRUCITION1 SCHEDULE,
iiiiiiiiiiiiiiiiiii�
(Proiected dates for completion of key project phases)
18Ct cost."
- UPDATED
PROJECTED DATE
LandAcqumls'ftion... i t i t■ 644 t q V 0 i 44 t■ f*■% F f 4 4 a t■■ i f t■ t■ f i* 4 a i f i I i i ■■ i i 4 f i* 4 i i■ t MENEW N/A
Platting/ Soil Testing (Other),.. +; 0 0 ■10 ■4 f PA s s■.* r;■■. i i f 40 % g i 0 i i f IN i. t i+ r a MEs 6
Procure me nt of Arch In services * . . ; Febs 2008
Design and Bid Documents i f f t■ i i f a.. # i i f i f i a. f■ 2008...
Award 13id i
2008.
F April
Co mence entof Construefion at 100% Complet'ion 4 0 & 11 * 0 6 0 0 F Igo 40 4 moa$ I 1 64 al a @a 0 me August 2008
Enter month and year
Instructions
EXHIBIT B
INSURANCE REQUIREMENTS
I. Subreci Tent's Liabilitv Insurance
A. Subrecipient must not commence work under this agreement all insurance required herein
has been obtained and such insurance has been approved by the City. Subreci pient must not
allow any subcontractor to commence work until all Sqi'milar insurance required of the
subcontractor has been obtained.
0
.10
S must furnish tn the City's Risk Manacle r and to the DE r)E ftME nt or
responsible for this agreement, copies of Certificates of Insurance, showing the
minimum coverage by insurance company(s) acceptable to the City's Risk Manager.
mist be named as an additional insured for all liability policies, and a blanket
subrogation is required on all applicable policies.
Division
following
The City
waiver of
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
34 -Day written notice of cancellation, material
46
Bodily Injury and Property Damage
change,nonm newal or termination is required on
all certificates
COMMERCIAL GENERAL LIABILITY'Including..
$1.000,040 Combined Single L"mft
1.1 Commercial Form
2. Premises- Operations
3. Products/ Completed Operations Hazard
4d, Contractual Liability
5, Independent Contractors
6, Broad Form Property Damage
7. Personas injury
FIRE and EXTENDED COVERAGE
At a minimum, amount sufficient to cover the
replacement cost of facilities and/ or building
Colty to be named as Toss payee using standard loss
payee clause.
BUILDERS RISK INSURANCE
Full value of any improvements constructed with
1,P All Risks of Physical Loss; including collapse
CDBG funds provided under this agreement, so long
and transit coverage
as work remains to be completed on such
improvements
C. In the event of accidents of any kind, Subrecipient must furnish the Risk Manager with copies
of all reports of such accidents within 10 days of the accident.
Community Development Block Grant Program Subrecipent Agreements ins, req.
8 -90 -07 ep Risk Mg mt.
CI. ADDITIONAL REQUIREMENTS
A. Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured an the
liability coverage, and a blanket waiver of subrogation an all applicable policies..
The City of Corpus Chr'ist'i must be named as loss payee using a
standard loss payee clause on the Fire and Extended Coverage coverage.
* If your insurance company uses the standard ACORD form, the cancellation
clause (bottom right) must be amended by adding the wording "changed or"
between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting
the wording after "left ". In the alternative, a policy endorsement providing the
required cancellation language will be accepted. In lieu of modification of the
ACORD form, separate policy endorsements addressing the same substantive
requirements are mandatory,,
* The name of the project must be listed under "Description of Operations"
At a minium, a 30 -day written notice of cancellation, non- renewal, material
change or termination is required.
B. If the Certificate of Insurance on its face does not show on its face the existence of
the coverage required by items 1.B (1) -(7), an authorized representative of the
insurance company must include a lefter specifically stating whether items 1.B. (1 )-
7} are included or excluded.
END
Community Development Block Grant Program Subrecipient Agreements ins. req.
8 -10 -Q7 e P Risk Mgmt,
STATE OF TEXAS
COUNTY OF NUECES
Date: � Q�
Affiant: Fl"Ck I.A �i
Coh1munit
EXHIBIT C
CD G COMPLIANCE AFFIDAVIT
KNOW ALL BY THESE PRESENTS:
fl4r
VNIMb
Development Blo PGrant Subrecipient
Affliant, on oath, swears the following statements are true:
of
(title)
iprof it
corporation 'which has applied for and been awarded Community Development Block
Grant ("CDBG") Program funds administered by the City of Corpus Christi ("City"). Prior
to the start of the project for which CDBG funds have been awarded, as the representa-
tive of the above -named subrecipient organization ("Subrecipient "), I met with City staff
and received copies of the following Federal rules and regulations:
OMB Circular A -'! 10
OMB Circular A -122
OMB Circular A -133
24 CFR Part 84
24 CFR 85.43 and 85.44
24 CFR 570.2Q0, 50Q, and 600 et,. seq.
49 CFR Part 24, 24.6101,,,,24-0104
By execution of this affidavit, I attest that I have received the above- listed Federal rules
and regulations, City staff has explained the rules and regulations, and I understand the
Subrecipient's obligations of performance under the rules and regulations. Further-
more, I acknowledge that there may be additional Federal rules and regulations,
beyond the rules and regulations listed above, to which the Subrecipient may be subject
and with which the Subrecipient must comply.
s
SWORN TO AND SUBSCRIBED before me the
(seal)
LAURISA LYNN BAKLIK
Notary Pubk, State of Texas
My Commission ices
March 09 , 2011
r
day of
5
i t r1 �1s
14
r+w
CS
�� Y of
7cgruq
EXHIBIT D
ryOFCORPUTo" RRJ_,q_1T
DISMOSM of n
C ity of C0117 Christi Ordinance i 71 I Z, as amended, roquires all persons or firms sa3doa$ m do bus�ss with tie C21" top�r �de Z information. Every question must be answered. if the qucsziaa a nx appfimblc6 aaswa
See revam :f for de finitions.
COMMANY NAME
9
P, 040 pox: --ZU?* q0
FIRM IS*
1* CaW ouan M _r
4. Associsdon
2# Pzft__
50 0dw ai
DISCLOSURE QUESTTONS
If additlaaai dux is nax awry. please I se tL�e rev�erae aide of this gage or ash duft
I M Sab te names of e�h ,employee" of tha C �ty of Corps Cluis#� having an awnasiwg 'coming 3 °1R
or. mare of in t4c �bo�ve named''`ticm."
Name
Job Title and City De patsment (if known)
2. Stdo the names of each "officisnll" of du City of Carpus Christi having as "ownersixig imArst� c iwt�ng 3 °10 or
Mmoft6e awnere hip in the above named'�tm."
Name
Thic
3. S as,s the names of each "board__iembw"_fthcC i ofColp � us ChrLSdhavMg= ".o iat�' const�ting
3% or uzan of tit awnMLip in the above named "
Name
BoarcL Commission, or Committee
4. State the names of each employee or officer of a "consUitani" for the City of Curs Christi wino wmic on any
matter related to tha subject of this contract and has an "ownership ir;ter�sr'' canst�a�n$ 3% or mare of tho
aw p in too above named "i'um."
C.69SU tant
CEItTIF�CATE
I certify that aiI information provided is true and con=t as of the date of t- is statemea� that I have not owi'n g �y
d disclosure of n . ation rcqucst and that supplementaL Stateme be. mptly submitted to a
City of Corpus
Ch&tL as changes occur.
& r r r
gj I r I
1 0 C erson., end id .1 or . 04
4
City of
Corpus
Christi
Exhibit E
CERTIFICATION REGARDING L
Now
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS,
AND COOPERATIVE AGREEMENTS
The undersigned certifies , to the best of his or her knowledge and belief, that:
{1) No federal appropriated funds have been paid or will be paid, by or o n behalf of the undersigned, to
any person forinfluencing or attempting to influence an officer or an employee of any agency, a
member of congress, an officer or employee of congress, or an employee of a member of congress
in connection with the awarding of any federal contract, the making of any federal grant, the making
of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative a
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting toinfluence an officer or employee of any agency, a member of congress,
an officer or employee of congress, or an employee of a member o f con gress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shat! complete and submit
with this a Standard Form -11, "Disclosure Form to Report Lobbying," i n accordance with its
instruc #ions.
(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 subrecipients 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 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,400 for
each such failure.
ig n azure
Fir,, 12
r
Print Name of Authorjz4d Individual
I'm
I rai "j'),rA
rgTom"',
-.Mom
arne
q6f, CIA A�¢r`d�
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