2010R11-Intergovernmental Agreement Bexar County Hillbrook RESOLUTION NO. 10-R-11
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN INTERGOVERNMENTAL
COOPERATIVE AGREEMENT WITH SEXAR COUNTY, TEXAS, AND
OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the
City enter into an interlocal agreement with Bexar County relating to construction of a waterline;
and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with Bexar County, Texas pursuant to a Community Development Block Grant Program
Intergovernmental Cooperative Agreement in substantially the form attached hereto as Exhibit A
(the "Agreement").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement in substantially the form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
50303542.1
PASSED AND ADOPTED, this 16th day of March, 2010.
CITY OF SC TZ, T XAS
Mayor
ATTEST:
ity Secretary
(CITY SEAL)
50303542.1
EXHIBIT A
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
INTERGOVERNMENTAL COOPERATIVE AGREEMENT
a
50303542.1 A-1
STATE OF TEXAS § COMMUNITY DEVELOPMENT
§ BLOCK GRANT PROGRAM
§ INTERGOVERNMENTAL
COUNTY OF BEXAR § COOPERATIVE AGREEMENT
This Community Development Block Grant (CDBG) Program Intergovernmental Cooperative
Agreement (the "Agreement") is entered into this day of March, 2010, between the COUNTY OF
SEXAR, TEXAS ("COUNTY"),apolitical subdivision of the State of Texas, through its Department
of Community Resources (the "Department") and CITY OF SCHERTZ ("SUBRECIPIENT"), a
municipal corporation of the State of Texas (also, individually, a "Party" or, collectively, the "Parties"),
for participation in COUNTY's Year 2010 Year CDBG Program, Project Number B-09-UC-48-0500.
RECITALS
COUNTY has received CDBG funds from the United States Department of Housing and Urban
Development (HUD) under Title I of the Housing and Community Development Act of 1974, as
amended, and SUBRECIPIENT has requested that COUNTY provide funds for the purchase and
installation of water main for the Hillbrook Drive neighborhood.
COUNTY believes it to be in the best public interest and benefit to provide assistance to the
SUBRECIPIENT for the Water Main Project located within the Hillbrook Drive neighborhood, which is
a CDBG activity and meets the national objective of Limited Clientele.
ARTICLE I
PURPOSE
1.01 The purpose of this Agreement is to provide CDBG Program funds for the installation of water
main in the Hillbrook Drive neighborhood. This work will include but not be limited to the design,
purchase and installation of water main in Hillbrook Drive as per Attachment "A" (the "Project").
ARTICLE II
EFFECTIVE DATE OF AGREEMENT; TERM
2.01 This Agreement is effective on the date it is executed by COUNTY. Costs incurred prior to that
date shall not be eligible for payment. Furthermore, no payment shall be made pursuant to this
Agreement until HUD releases the grant funds for the Project.
2.02 Except as otherwise explicitly stated herein, this Agreement shall terminate on completion of the
Project and acceptance thereof by SUBRECIPIENT, as agreed in writing by COUNTY and
SUBRECIPIENT.
50303497.2 1
ARTICLE III
GRANT AWARD
3.01 COUNTY awards SUBRECIPIENT a grant not to exceed $220,000.00 for the Project from
COUNTY'S Year 2010 CDBG Program.
3.02 SUBRECIPIENT' S grant award may not exceed $220,000.00 under any circumstances, but may
be less than that amount and will be determined by actual costs of the Project.
ARTICLE IV
SUBRECIPIENT SERVICES
4.01 Professional Services:
a. SUBRECIPIENT shall utilize its Architect or Engineer (the "Professional") for
development of plans and specifications for the Project.
b. SUBRECIPIENT shall submit to COUNTY its Professional's fee proposal for approval
by COUNTY prior to starting any work. Upon approval of the Professional's fee
proposal, SUBRECIPIENT may authorize its Professional to begin development of
plans and specifications for the Project. Funding to SUBRECIPIENT for professional
services is reimbursable and payable in accordance with terms and conditions approved
by SUBRECIPIENT and COUNTY in writing for professional services to reflect the
following:
(1) Preliminary Design Phase 25%
(2) Construction Documents Phase 40%
(3) Bidding Phase 5%
(4) Construction Phase 30%
c. Upon completion of each phase, SUBRECIPIENT shall request reimbursement of
payments by submitting the following documentation to COUNTY:
(1) A copy of the work completed by the Professional;
(2) A copy of the Professional's invoice to SUBRECIPIENT;
(3) Copies of any COUNTY approved change order(s) and/or amendments to the
Professional's contract and City Council action approving same, along with
COUNTY's prior approval of same;
(4) A copy of SUBRECIPIENT' S canceled check, verifying payment to the
Professional.
d. SUBRECIPIENT'S Professional shall prepare and provide COUNTY written
construction cost estimates for the Project. COUNTY shall approve cost estimates prior
to construction.
50303497.2 2
e. SUBRECIPIENT shall have 90 calendar days from the date of execution of this
Agreement to complete plans and specifications for the Project.
4.02 Construction Services:
a. Upon completion of said plans and specifications, SUBRECIPIENT may obtain, through
a competitive bid process, a contractor to construct the Project in accordance with said
plans and specifications. Any contracts entered into by SUBRECIPIENT must have the
prior written approval of COUNTY. COUNTY will not make any reimbursements to
SUBRECIPIENT when prior written approval for the contract by COUNTY was not
obtained.
b. SUBRECIPIENT may construct a portion of the Project using SUBRECIPIENT'S
employees and equipment. COUNTY shall reimburse SUBRECIPIENT for the costs of
utilizing SUBRECIPIENT'S employees and equipment to the extent set forth on
Attachment "A".
c. Payment under this Agreement to SUBRECIPIENT will be based on the
SUBRECIPIENT'S actual materials and supplies costs and construction contract costs.
In any event, total payment shall not exceed the grant award.
d. Funding to SUBRECIPIENT for all construction shall not exceed the grant award, less
professional services. Requests for reimbursement of payments under the written
construction contract shall be made by submitting the following documentation to Bexar
County Community Development Block Grant & HOME Division, 233 N. Pecos, Suite
590, San Antonio, Texas 78207:
(1) A copy of the construction contract with COUNTY' S written approval;
(2) A copy of the contractor's invoice and SUBRECIPIENT'S material supplier's
cost invoice;
(3) A copy of the application for payment on all work completed by the
contractor(s) and approved by SUBRECIPIENT'S Professional;
(4) Copies of any addendum, change orders and/or amendments to the construction
contract, SUBRECIPIENT' S action approving same, along with prior written
approval of COUNTY;
(5) Certified copy of City Council's minutes where the Council accepted and
approved each contractor's request for payment; and
(6) A copy of SUBRECIPIENT'S canceled check verifying payment to the
contractor and to the material supplier(s).
e. SUBRECIPIENT' S Professional shall prepare Change Orders and/or Amendments to
the Construction Agreement in duplicate for review and approval by COUNTY. Each
Change Order shall be specific and final as to prices and extension time, with no
reservations or other provisions allowing for future additional money or time as a result
50303497.2 3
of the particular changes identified and fully compensated in the Chan eg Order. Change
Orders must be submitted to the Department for approval by COUNTY before any work
is performed. COUNTY will not pay any Change Order not approved by COUNTY
pursuant to these provisions. Total Change Orders may not exceed 25% of the original
construction contract price. The total construction costs, includin~Change Orders, shall
not exceed the amount allocated by COUNTY for the construction of the Project under
any circumstances.
ARTICLE V
PROJECT REQUIREMENTS
5.01 SUBRECIPIENT agrees to obtain professional and construction services necessary for the
Project, all in accordance with engineering specifications as required.
5.02 SUBRECIPIENT agrees that the Project will be completed according to normal
SUBRECIPIENT engineering standards and pursuant to specifications, including any amendments and
addendum, as finally approved by COUNTY.
5.03 SUBRECIPIENT shall ensure completion of the Project in the event the allocated CDBG funds
are not available or sufficient to cover total Project costs.
ARTICLE VI
GRANT REVIEW
6.01 The Department of Community Resources is the Administrative Office for COUNTY' S CDBG
Program and shall be the primary contact regarding the Grant and this Agreement.
6.02 In the event SUBRECIPIENT utilizes subcontractors in performing any obligation required by
this Agreement, the Department staff shall, prior to execution of all contractual agreements, review and
approve the selection process, bidding procedures and all proposed agreements, if any, entered into by
SUBRECIPIENT. A written agreement will be required for construction services.
6.03 The Department staff will determine what is eligible for reimbursement under this Agreement.
ARTICLE VII
PROGRAM INCOME
7.01 In accordance with 24 CFR 570.500(a), the term "Program Income" shall mean gross income
received by the SUBRECIPIENT directly generated from the use of CDBG funds. COUNTY agrees
that impact fees and service charges received by SUBRECIPIENT for providing water service pursuant
to the Project facilities shall not be "Program Income." When program income is generated by an
activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the
percentage of CDBG funds used. Program income includes, but is not limited to, the following:
50303497.2 4
a. Proceeds from the disposition by sale or long-term lease of real property purchased or
improved with CDBG funds;
b. Proceeds from the disposition of equipment purchased with CDBG funds;
c. Gross income from the use or rental of real property acquired by the SUBRECIPIENT
with CDBG funds, less costs incidental to generation of the income;
d. Gross income from the use or rental of real property owned by the SUBRECIPIENT,
that was constructed or improved with CDBG funds, less costs incidental to generation
of the income;
e. Interest earned on program income pending its disposition.
7.02 Program income does not include proceeds from the disposition of real property acquired or
improved with CDBG funds when the disposition occurs five (5) years after expiration of this
Agreement.
7.03 By the tenth of each month, SUBRECIPIENT shall report and return to COUNTY all Program
Income received or accrued during the preceding month. The monthly reports shall be submitted to
COUNTY commencing from the date of completion of the Project until five (5) years thereafter.
Alternative arrangements to this requirement may be made only upon written request to and written
approval by COUNTY.
7.04 Records of the receipt and disposition of Program Income shall be maintained by
SUBRECIPIENT in the same manner as required for other Agreement funds and shall be submitted to
COUNTY in the format prescribed by COUNTY. SUBRECIPIENT shall maintain records of Program
Income for five (5) years after submission of the final monthly report.
7.05 SUBRECIPIENT shall include this Article VII in its entirety, in all of its subcontracts involving
income-producing services or activities.
7.06 It shall be SUBRECIPIENT' S responsibility to obtain from COUNTY a prior determination as
to whether or not income arising directly or indirectly from this Agreement, or from the performance
thereof, constitutes Program Income, and unless otherwise approved in writing by COUNTY,
SUBRECIPIENT shall be responsible to COUNTY for the repayment of any and all amounts
determined by COUNTY to be Program Income.
ARTICLE VIII
PROGRAM RECORDS & REQUIREMENTS
8.01 SUBRECIPIENT agrees to comply with all federal, state, and local laws and ordinances
applicable to COUNTY for the work or services under this Agreement.
50303497.2 S
8.02 SUBRECIPIENT shall maintain all financial records in accordance with Audits of State, Local
Governments, Non-Profit Organizations, OMB Circular A-133; Cost Principals for State and Local
Governments, OMB Circular A-87; and Administration Requirements for Grants and Cooperative
Agreements to State, Local and Federally Recognized Indian Tribal Governments, 24 CFR Part 85.
8.03 COUNTY has reviewed SUBRECIPIENT'S fiscal and accounting procedures and agrees that
they comply with federal requirements.
8.04 COUNTY shall conduct, at a minimum, monthly monitoring visits to SUBRECIPIENT' S
Project site to determine performance and compliance with rules and regulations governing the CDBG
Program. These rules and regulations are outlined in the Federal Compliance Manual, which outlines
documentation and reporting requirements for SUBRECIPIENT.
8.05 SUBRECIPIENT shall maintain books, records and other documents relating directly to the
receipt and disbursement of such grant funds.
8.06 SUBRECIPIENT shall allow any duly authorized representative of COUNTY, the Secretary of
HUD or the Comptroller General of the United States, at all reasonable times, to have access to and the
right to inspect, copy, audit, and examine all such books, records and other documents of closeout
procedures respecting this grant, until final settlement and conclusion of all issues arising out of this
activity are completed.
8.07 COUNTY agrees that an independent auditor shall audit the expenditure of funds pursuant to
this Agreement as part of the annual audit performed on COUNTY. The audit, with respect to the funds
under this Agreement, shall be performed in accordance with the requirements of OMB Circular A-133.
The audit report will include COUNTY'S expenditures and revenues for the same time period as
COUNTY'S fiscal year. SUBRECIPIENT agrees to maintain all fiscal records and supporting
documentation for a period of five (5) years after the Project is reported on for the final time.
SUBRECIPIENT agrees that in the event that any expenditures under this Agreement are found to be
ineligible for reimbursement by the original audit, and/or any subsequent audits performed within three
(3) years following the acceptance of the original audit, SUBRECIPIENT will reimburse COUNTY for
those expenditures declared ineligible within ninety (90) days after being notified in writing of the
findings.
8.08 SUBRECIPIENT shall comply with all rules and regulations as described in 24 CFR, Parts 570,
Subparts A through O of the CDBG Program, including but not limited to, the Uniform Administrative
Requirements described in Section 570.502.
8.09 SUBRECIPIENT shall also comply with Subpart K and other Program Requirements in
accordance with 24 CFR 570.600 through 570.612 and pursuant to Section 104(b) of the Housing &
Community Development Act, except that
a. SUBRECIPIENT does not assume COUNTY' S environmental responsibilities identified
in 24 CFR 570.604; and
50303497.2 6
b. SUBRECIPIENT does not assume COUNTY'S responsibility for initiating the
intergovernmental review process of Executive Order 12372 described at 24 CFR
570.612.
8.10 The Federal Compliance Manual is incorporated into this Agreement and made a part of its
terms and conditions. SUBRECIPIENT shall comply with all requirements as outlined in the Federal
Compliance Manual.
8.11 HUD's Federal Labor Standards Provisions (HUD - 4010) are incorporated into and made apart
of the terms and conditions of this Agreement.
8.12 COUNTY warrants that it has provided to SUBRECIPIENT a copy of all federal laws, rules,
regulations, and guidelines referred to in this Agreement and as to which SUBRECIPIENT shall be
subject pursuant to this Agreement.
ARTICLE IX
TERMINATION AND DEFAULT
9.01 COUNTY may, for any reason, terminate the whole or any part of this Agreement after 10 days
written notice to SUBRECIPIENT. COUNTY agrees to pay SUBRECIPIENT for the amount of work
completed up to the termination date of this Agreement.
9.02 Upon default or termination of this Agreement, SUBRECIPIENT shall transfer to COUNTY all
CDBG funds and Program Income, along with any accounts receivable attributable to CDBG funds
within three business days.
9.03 In accordance with 24 CFR 85.43, COUNTY may suspend or terminate this Agreement if
SUBRECIPIENT materially fails to comply with any item herein. This Agreement may also be
terminated for convenience in accordance with 24 CFR 85.44.
ARTICLE X
FURTHER REPRESENTATIONS, WARRANTIES AND COVENANTS
10.01 SUBRECIPIENT further represents and warrants that:
a. All information, data or reports ever provided or to be provided to COUNTY in
connection with the Project is, shall be, and shall remain complete and accurate as ofthe
date shown on the information, data or report, and that since said date shown, shall not
have undergone any significant change without written notice to COUNTY.
b. Any supporting financial statements ever provided or to be provided to COUNTY are,
shall be, and shall remain complete, accurate and fairly reflective of the financial
condition of SUBRECIPIENT on the date shown on said statements and during the
period covered thereby, and that since said date shown, except as provided by written
50303497.2 7
notice to COUNTY, there has been no material change, adverse or otherwise, in the
financial condition of SUBRECIPIENT.
c. No litigation or proceedings are presently pending or threatened against
SUBRECIPIENT relating to the Agreement or CDBG Project.
d. None of the provisions contained herein contravenes or in any way conflicts with the
authority under which SUBRECIPIENT is doing business or with the provisions of any
existing obligation or agreement of SUBRECIPIENT.
e. SUBRECIPIENT has the legal authority to enter into this Agreement and accept
payments hereunder, and has taken all necessary measures to authorize such execution
of contract and acceptance of payments pursuant to the terms and conditions hereof.
10.02 During the period of time that payment may be made hereunder and so long as a payment
pursuant to this Agreement is due and payable, but has not yet been paid, SUBRECIPIENT covenants
that it shall not, without the prior written consent of COUNTY:
a. Sell, convey, mortgage, pledge, or otherwise encumber or cause to be encumbered any
of the assets of SUBRECIPIENT now owned or hereafter acquired by it through the use
of CDBG funds, or permit any pre-existing mortgages, liens, or other encumbrances to
remain on or attached to any of the assets of SUBRECIPIENT which are allocated to the
performance of this Agreement and with respect to which COUNTY has ownership
hereunder; or
b. Sell, assign, pledge, transfer or otherwise dispose of CDBG account receivables, notes
or claims for money due or to become due.
10.03 SUBRECIPIENT warrants and represents that it is a municipality, duly organized, validly
existing and in good standing under the laws of the State of Texas, is qualified to conduct business and
is in good standing in such, and has all power and authority to conduct its business as presently
conducted.
10.04 SUBRECIPIENT warrants and represents that:
a. SUBRECIPIENT has the power and authority to enter into and perform this Agreement;
and
b. assuming due authorization and execution of this Agreement by COUNTY, this
Agreement, when executed and delivered by SUBRECIPIENT, shall be a valid and
binding obligation of SUBRECIPIENT enforceable in accordance the its terms.
10.05 SUBRECIPIENT warrants and represents that the execution, delivery and performance of this
Agreement:
50303497.2 8
a. have all been duly authorized by all necessary action;
b. are within the power and authority of SUBRECIPIENT;
c. do not and will not contravene or violate the organizational documents of
SUBRECIPIENT;
d. do not and will not result in the breach of, or constitute a default under, any agreement
or instrument by which SUBRECIPIENT or any of its property may be bound or
affected; and
e. do not and will not result in the creation of any lien upon any property of
SUBRECIPEENT.
SUBRECIPIENT further warrants and represents that all necessary permits, registrations and consents
for such execution, delivery and performance have been obtained or will be obtained when and as
required.
10.06 Each of the foregoing representations, warranties and covenants shall be continuing and deemed
repeated each time SUBRECIPIENT submits a new request for payment in accordance with the terms,
provisions and requirements of this Agreement.
ARTICLE XI
PERFORMANCE RECORDS AND REPORTS
11.01 As often and in such form as COUNTY may require, SUBRECIPIENT shall furnish to
COUNTY such performance records and reports as deemed by COUNTY as pertinent to matters
covered by this Agreement.
ARTICLE XII
INSURANCE
12.01 SUBRECIPIENT shall comply with applicable workers' compensation statutes and shall
maintain and provide proof of workers compensation insurance coverage with a waiver of subrogation
provided in favor of COUNTY.
12.02 SUBRECIPIENT shall maintain and provide proof of general liability insurance of not less than
$1,000,000 naming COUNTY as additional insured.
12.03 SUBRECIPIENT shall maintain adequate insure against fire, loss, or theft of all non-expendable
property acquired hereunder and shall provide proof of such insurance naming COUNTY as additional
insured.
12.04 Actual losses not covered by insurance as required by this Article shall not be allowable costs
under this Agreement, and shall therefore remain the sole responsibility of SUBRECIPIENT.
50303497.2 9
12.05 Should SUBRECIPIENT either directly or indirectly engage in any construction, rehabilitation,
or renovation type activities utilizing funds provided pursuant to this Agreement, then the current and
specific bonding and compliance provisions required at that time shall prevail.
ARTICLE XIII
EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION
13.01 SUBRECIPIENT shall comply with all applicable local, state and federal equal employment
opportunity and affirmative action rules, regulations and laws.
13.02 In the event ofnon-compliance by SUBRECIPIENT (or SUBRECIPIENT' S subcontractors)
with local, state and federal equal employment opportunity and affirmative action rules, regulations and
laws, this Agreement may be canceled, terminated, or suspended by COUNTY, in whole or in part, and
SUBRECIPIENT maybe barred from further contracts with COUNTY.
ARTICLE XIV
CONFLICT OF INTEREST
14.01 SUBRECIPIENT shall comply with all of the applicable conflict of interest provisions found in
24 CFR 570.611.
ARTICLE XV
POLITICAL ACTIVITY
15.01 None of the performance rendered hereunder shall involve, and no portion of the funds received
hereunder shall be used, either directly or indirectly, for any political activity including, but not limited
to, an activity to further the election or defeat of any candidate for public office or for any activity
undertaken to influence the passage, defeat or final content of local, state or federal legislation.
ARTICLE XVI
AUTHORIZED USE
16.01 COUNTY and SUBRECIPIENT will follow all applicable HUD regulations and guidelines
regarding the use of facilities constructed with CDBG funds.
ARTICLE XVII
PUBLICITY
17.01 When appropriate, as determined by and upon written approval of COUNTY, SUBRECIPIENT
shall publicize the activities conducted by SUBRECIPIENT pursuant to the terms of this Agreement. In
any news release, sign, brochure, or other advertising medium disseminating information prepared or
distributed by or for SUBRECIPIENT, however, mention shall be made of HUD funding and COUNTY
participation having made this Project possible.
50303497.2 10
ARTICLE XVIII
PUBLICATIONS
18.01 All published materials and written reports submitted pursuant to this Agreement shall be
originally developed unless otherwise specifically provided for herein. If material not originally
developed is included in a report, however, said material shall have its source identified, either in the
body of the report or by footnote, regardless of whether the material is in a verbatim or extensive
paraphrase format.
18.02 All published materials submitted pursuant to this Project shall include the following reference
on the front cover or title page:
"This document was prepared in accordance with Bexar County's Community
Development Block Grant Program, with funding received from the United States
Department of Housing and Urban Development."
ARTICLE XIX
RIGHTS TO PROPOSAL AND CONTRACT MATERIAL
19.01 All reports, documents, studies, charts, schedules, or other appended documentation to any
proposal or contract, and any responses, inquiries, correspondence and related material submitted by
SUBRECIPIENT and relating to the Project shall, upon receipt, become the property of COUNTY;
provided, SUBRECIPIENT shall be the owner of any and all warranty rights, if any, with respect to any
portion of the Project facilities owned as to be owned by SUBRECIPIENT.
ARTICLE XX
CHANGES AND AMENDMENTS
20.01 Except when the terms of this Agreement expressly provide otherwise, any alterations, additions,
or deletions to the terms hereof shall be by amendment in writing executed by both COUNTY and
SUBRECIPIENT.
20.02 Any changes in local, state and federal rules, regulations or laws applicable to this Agreement
that occur during its term will be automatically incorporated into this Agreement without written
amendment hereto, as of the effective date of the rule, regulation or law.
20.03 SUBRECIPIENT shall notify COUNTY in writing of any proposed change in physical location
for work to be performed pursuant to the terms of this Agreement at least thirty (30) calendar days in
advance of the proposed change.
ARTICLE XXI
NOTIFICATION OF ACTION BROUGHT
21.01 In the event that any claim, demand, suit, proceeding, cause of action or other action (a "Claim")
is made or brought against SUBRECIPIENT, SUBRECIPIENT shall give written notice thereof to
50303497.2 11
COUNTY within two working days after receiving notice of the Claim. SUBRECIPIENT' S notice to
COUNTY shall state the date and hour of notification to SUBRECIPIENT of the Claim, the names and
addresses of those instituting or threatening to institute the Claim, the basis of the Claim, and the
name(s) of any others against whom the Claim is being made or threatened. Written notice pursuant to
this Article shall be delivered either personally or by mail in accordance with this Agreement.
ARTICLE XXII
ASSIGNMENTS
22.01 SUBRECIPIENT shall not transfer, pledge or otherwise assign this Agreement, any interest in
and to same, or any claim arising thereunder, without first procuring the written approval of COUNTY.
Any attempt at transfer, pledge or other assignment shall be void and shall confer no rights upon any
third person.
ARTICLE XXIII
WAIVER OF PERFORMANCE
23.01 No waiver by COUNTY of a breach of any of the terms, conditions, covenants or guarantees of
this Agreement shall be construed or held to be a waiver of any succeeding or preceding breach of the
same or any other term, condition, covenant or guarantee herein contained. Further, any failure of
COUNTY to insist in any one or more cases upon the strict performance of any of the covenants of this
Agreement, or to exercise any option herein contained, shall in no event be construed as a waiver or
relinquishment for the future of such covenant or option. In fact, no waiver, change, modification or
discharge by either Party of any provision of this Agreement shall be deemed to have been made or shall
be effective unless expressed in writing and signed by the Party to be charged.
23.02 No act or omission of COUNTY shall in any manner impair or prejudice any right, power,
privilege, or remedy available to COUNTY hereunder or by law or in equity, such rights, powers,
privileges or remedies to be always specifically preserved hereby.
ARTICLE XXIV
REVERSION OF ASSETS
24.01 All CDBG funds on hand available to or in the actual or constructive possession of
SUBRECIPIENT at the time of expiration of this Agreement, and any accounts receivable attributable
to the use of CDBG funds shall be transferred to COUNTY, unless otherwise specified in this
Agreement.
24.02 Any real property under the control of SUBRECIPIENT which was acquired or improved in
whole or in part with CDBG funds in excess of $25,000 must meet the following requirements in
accordance with 24 CFR 570.503(b) (8):
a. the property must be used by SUBRECIPIENT to meet one of the National Objectives
identified in 24 CFR 570.208 until five (5) years after the expiration of this Agreement;
or
50303497.2 12
b. the property is disposed of in such a manner which results in COUNTY being
reimbursed in the amount of the current fair market value of the property less any
portion of the value attributable to expenditure ofnon-CDBG funds for acquisition of or
improvement to the property.
ARTICLE XXV
ENTIRE AGREEMENT
25.01 This Agreement constitutes the final and entire agreement between the Parties as to the subject
matter hereof and contains all of the terms and conditions agreed upon. No other agreements, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind the parties
hereto unless same be in writing, dated subsequent to the date hereof, and duly executed by the Parties.
ARTICLE XXVI
INTERPRETATION
26.01 In the event any disagreement or dispute should arise between the Parties hereto pertaining to the
interpretation or meaning of any part of this Agreement or its governing rules, regulations, laws, codes
or ordinances, COUNTY as.the Party ultimately responsible to HUD for matters of compliance, shall
have the final authority to render or secure an interpretation.
ARTICLE XXVII
NOTICES
27.01 For purposes of this Agreement, all official communications and notices among the Parties shall
be deemed sufficient if in writing and mailed, registered or certified mail, postage prepaid, to the
addresses set forth below:
COUNTY:
Aurora M. Sanchez
Executive Director
Bexar County Department of Community Resources
233 N. Pecos, Suite 590
San Antonio, Texas 78207
SUBRECIPIENT:
Don Taylor
City Manager
1400 Schertz Parkway
Schertz, TX 78154
50303497.2 13
ARTICLE XXVIII
PARTIES BOUND
28.01 This Agreement shall be binding on and inure to the benefit of the Parties and their respective
heirs, executors, administrators, legal representatives, successors and assigns, except as otherwise
expressly provided for herein.
ARTICLE XXIX
GENDER
29.01 Words of gender used in this Agreement shall be held and construed to include the other gender,
and words in the singular number shall be held to include the plural, unless the context otherwise
requires.
ARTICLE XXX
CAPTIONS
30.01 The captions contained in this Agreement are for convenience of reference only, and in no way
limit or enlarge the terms and/or conditions of this Agreement.
ARTICLE XXXI
TEXAS LAW TO APPLY
31.01 This Agreement shall be construed under and in accordance with the laws of the United States
and the State of Texas, and all obligations of the Parties are performable in Bexar County, Texas.
ARTICLE XXXII
LEGAL CONSTRUCTION
32.01 In case any one or more of the provisions contained in this Agreement shall for any reason be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability
shall not affect any other provision thereof and this Agreement shall be construed as if such invalid,
illegal, or unenforceable provision had never been contained herein.
IN WITNESS WHEREOF, this Agreement is executed in duplicate originals this day of
March, 2010.
COUNTY: SUBRECIPIENT:
COUNTY OF BEXAR CITY OF SCHERTZ, TEXAS
By: By: -
Nelson W. Wolff Don E. Taylor
County Judge City Manager
50303497.2 14
ATTEST:
By:
Gerard Rickhoff
County Judge
APPROVED AS TO LEGAL FORM:
Susan D. Reed
Criminal District Attorney
Bexar County, Texas
Kelsey Menzel
Bexar County Assistant Criminal
District Attorney-Civil Section
APPROVED AS TO FINANCIAL CONTACT: APPROVED:
By: By:
Tommy J. Tompkins Aurora M. Sanchez
County Auditor Executive Director
Department of Community Resources
By:
David Smith
Executive Director of Planning and
Resources Mgt. /Budget Officer
50303497.2 1 S
Mann to, 2otD
CITY OF SCHERTZ
HILLBROOK SUBDNISION PUBLIC WORKS DEPT.
FINAL QUOTE ~ 10 COMMERCIAL PLACE
SCHERTZ, TX 78154
' PHONE # 019-1800
8191849 '
Jab Doscrfption;
INSTALL 2200 FEET OF 8" NlATER LINE WITH SERVICES {MATERIALS, LABOR AND EOUIPMEIV'C)
Descri bon q7Y Prrce/Unit Tafal Pace
8" C900 DRi4 PVC PIPE 2200 $8.75 $79,250.00
12' X 8" MJ REDUCER t S765.00 ~ $165,00 -
12• MEGALUG WITH ACC. 1 $80.32 $80.32
B" MJ RW GATE VALVE 3 5550.87 $7.652.61
8"MEGALUG WITH ACC. 22 $49.76 $1,Q95.16
S"61J 60 TEE 1 5165.00 5795.00
8• MJ CAP 1 595.00 505.00
2"PVC CASING 600 $O.HD 5480.00
1"TYPE K COPPER 1000 55.70 55,700.00
31a"X7"METER BUSHING 18 53.25 558.50
8"Xi"TAPPING SADDLE 9 $44.80 5403.20 '
1"CORPORATION B 337J1 5333.98
1"ANGLE CURBSTOP 16 $81.70 S1 099.80
314"METER COUPLING 18 6.40 Sii5.20
314" RUBBER h1ETER GASKET 38 $0.07 52.52
314° FULL PORT BALL VALVE - 78 $8.60 $154,80
METER BOX 18 2.00 $756.00
8" X 8" X 6" TEE 5 5785.00 $825.00
8" A4J RW GATE VALVE 5 5325.00 $7.825.00
FIRE HYDRANT 5' BURY 5 51,580.00 $7.900.00
8"X2"BLOW OFF ASSEMBLY-REACTION RING 1 5710.00 $710.00
SAND ONS 200 $8.75 $1,760.00
CONCRETE YDS 5 582.00 S4SO.Q0
FLEX BASE ONS 70 54.36 S43.50
ASPHALT TONS 125 $30.00 53.75p.OD
. Tolal parts antl ma[erlats $48,620.60
Labor q Nours Cos~our Tofal Cost
PUBLIC WORKS INSPECTOR 1 40 29.71 57,788.40 '
FOREMAN 1 50 E25.72 1.286.00
SERViCEtdAN III 1 100 52224 $2224.00 ,
5ERVICE6AAN II 2 200 520.85 58,340.00
SERVICEMAN I 8 200 518.64 522.398.00
Total Lehor 535.408.A0
C!. E uipment qty Hoots CostrNour iota! Cos:
SERVICE TRUCK 2 200 525.00 $10,000.00
BACKHOE 2 200 $50.00 $20.000.00
DUMP TRUCK 2 50 $35.00 SS 500.00
TRENClIER Per Da 1 5 5220.00 51.100.00
TAPPING MACHINE 7 18 $10.00 $780.00
HYDROSTAT 1 5 $100.00 00.00
ct2 a t $sD.oo $zoD.Do
BAC7ERIALOGICAL TEST 2 1 550.00 $100.00
BOMAG 1 7 $7.00 549.00
CHOP SAW 1 12 $7.00 564.00
ASPHALT SAW 1 12 57.00 Stl4.00
ASPHALT PLATE 7 12 55.50 566.00
EROSION CONTROL 2200 1 E2.00 $4.400.00
Equpment T0187 540,263.00
Subto}el 5124 280.00
Sdrveying-EaeementDocwmonts 58,700.00
EnBinaerlny design and 81dlConatrudlon $73 500.00 '
City Adminiarretlon Fee lS% 516.843.50 "
Grand Toeaf E168133.60
City Oescripffon q7Y Price/Unit
518' X 314" METER SET 18 5725.00 54.050.00
- SSLOC IMPACT FEE 10 57,262.00 522,776.00
SCHER7Z IMPACT FEE 78 53,268.00 559.184.W
LAKEWOOD ACRES IMPACT FEE CREDIT 18 53 288.001 $$8,784.00
Greed TOtal Connection Fees 526768.00
Sub-Total 5192,899.50
Corrtinganey_ SZY,f00.50
Grand Tota! E220.000.00
'DEPOSIT PER METER $90.00 '
'Security deposit to he pall h'1 tenant creditetl to account after 2 roars Bootl uetllt
50303497.2 A-1
Attachment "A" Attachment "A"
August 25, 2009
CITY OF SCHERTZ
HILLBROOK SUBDIVISION PUBLIC WORKS DEPT.
FfNAL C~UOTE 10 COMMERCIAL PLACE
SCHERTZ, TX 78154
PHONE # 619-1800
FAX # 619-1849
Job Description:
INSTALL 8" WATER LINE WITH SERVICES
Description QTY Price/Unit Tota! Price
8" C900 PIPE 2200 $37.00 $81,400.00
8" GATE VALVE 3 $1,200.00 $3,600.00
STD. FIRE HYDRANT ASSEMBLY 5 $3,500.00 $17,500.00
3/4" DOUBLE LONG SERVICES 18 $700.00 $12,600.00
FITTINGS TONS 2 $1,500.00 $3,000.00
8" TIE-IN 1 $1,500.00 $1,500.00
HYDOSTATIC TEST 1 $1,500.00 $1,500.00
PAVEMENT REPLACEMENT 18 $55.00 $990.00
SITE RESTORATION 2200 $1.00 $2,200.00
Subtotal $124,290.00
Surveying-Easement Documents $9,700.00
Engineering design and Bid /Construction $13,500.00
Administration Fee 15% $18,643.50
Grand Total Installation $166,133.50
Description QTY Price/Unit
5/8" X 3/4" METER SET 18 $225.00 $4,050.00
SSLGC IMPACT FEE 18 $1,262.00 $22,716.00
SCHERTZ IMPACT FEE 18 $3,288.00 $59,184.00
LAKEWOOD ACRES IMPACT FEE CREDIT 18 ($3,288.00) ($59,184.00)
Grand Total Connection Fees $26,766.00
Sub-Total $192,899.50
Contingency $27,100.50
Grand Total $220,000.00
*DEPOSIT PER METER $90.00
* Security deposit to be paid by tenant, credited to account after 2 years good credit