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Home My WebLink AboutMinutes - City Council - Regular - 9/22/1988601 CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 22, 1988 The City Council of the City of Lubbock, Texas met in regular session on the 22nd day of September, 1988 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 9:00 a.m. Present: Mayor B. C. McMinn, Mayor Pro Tem ,loan Baker, Councilman T. J. Patterson, Councilman Gary Phillips, Councilwoman Maggie Trejo, Councilman Bill Maloy, Councilman George Carpenter, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr., and City Secretary Ranette Boyd. Mayor McMinn called the meeting to order at 9:00 a.m. { 1.} The Invocation was given by Assistant City Manager Rita Harmon. { 2.) The Pledge of Allegiance was given in unison by those in the Council Chambers. { 3.) Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to approve the Minutes of the September 8, 1988 Regular City Council meeting as written. Motion carried: 7 Yeas; 0 Hays 88-47B-501-562 ( 4.) ORDINANCE #9227 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMIT ON A CERTAIN PORTION OF QUIRT AVENUE, AS HEREINAFTER MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING PLACEMENT OF SIGNS WITH RESPECT THERETO; REPEALING CONFLICTING ORDINANCES TO THE EXTENT OF SUCH CDNFLICT; APPLICATION OF THIS ORDINANCE ONLY TO STREETS OR HIGHWAYS NAMED HEREIN; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to pass on second and final reading Ordinance 49227. Motion carried: 7 Yeas; 0 Nays. September 22, 1988 Page 602 88-47B-602-563 ( 5.) ORDINANCE #9228--Amending Ordinance #8664 to expand the number of members on the Lubbock Libraries Board. ORDINANCE #9228 AN ORDINANCE AMENDING ARTICLE XIII OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE COMPOSITION AND MEMBERSHIP OF THE LUBBOCK LIBRARIES BOARD; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to pass on second and final reading Ordinance #9228. Motion carried: 7 Yeas; 0 Nays. 88-47B-602-564 (12.) Consider Resolution #2914 authorizing the Mayor to execute Change Order No. 1 to Sidewalk_ Construction Project No. 597610. RESOLUTION #2914 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Change Order No. 1 deleting sidewalk quantities of existing contract, Project Number 597610, for sidewalk improvements between said City and Ford Construction Corporation, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of September, 1988. s B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s1 Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s1 Larry D. Hertel �s� J. Worth Full_ingim Larry D. Hertel, City Engineer J. Worth Fullingim, Assistant City Attorney TO: Ford Construction Corp., #32 Briercroft Office Park, Lubbock Texas, 79412 Gentlemen: CHANGE ORDER No. 1 TO PROJECT NUMBER 597610 WHEREAS, it is desirable to make changes in the plans and specifications for this project, being namely Change Order No. 1. Original Amount of Contract $45,972.56 Decreased by Change Order No. 1 5,774.55 Total Amount of Contract $40,198.01 September 22, 1988 Page 603 THIS AGREEMENT WITNESSETH: In consideration of the mutual advantages gained, the Owners and the Contractor agree to the change shown herein and in the revised plans. The Contractor agrees to proceed with construction and to adhere to applicable specifications, under the direction of the Engineer. Furthermore, the parties agree that the original contract between the Owner and the Contractor shall be modified to the extent herein indicated, including one (1) attachment. IN WITNESS WHEREOF, the Owner and the Contractor have hereto set their hands this 22nd day of September, 1988. FORD CONSTRUCTION CORPORATION (Contractor) BY: /s/ Trevor Ford TITLE: President Trevor Ford Ford Construction Corporation CITY OF LUBBOCK (Owner) BY: /s/ B. C. McMinn ATTEST: /s/ Ranette Boyd B.C. McMinn, Mayor Ranette Boyd City Secretary RECOMMENDED FOR APPROVAL /s/ Jim Bertram Assistant City Manager /s/ Larry D. Hertel City Engineer /s/ Bob Cass Deputy City Manager /s/ Sandy Ogletree Community Development Administrator 1987 SOUTH OVERTON SIDEWALK IMPROVEMENTS PROJECT NUMBER 597610 CHANGE ORDER NO. 1 To delete 1,085 feet of 4 foot wide sidewalk on Avenue "T" and Avenue "U" adjacent to Carrol Thompson Lot and City Park, and add 255 feet of 6 foot wide sidewalk adjacent to City Park on Avenues "T" and "U". Description Quantity Unit Price Amount 1. Deletion of 4 foot wide 1,086 $ 8.22/ft.- $8,918.70 sidewalk 2. Construction of 6 foot 255 12.33/ft.+ 3,144.15 wide sidewalk TOTAL OF CHANGE ORDER NO. 1 minus - $5,774.55 Change Order No. 1 represents a reduction in proposed sidewalk quantities of the Community Development Sidewalk Project #597610, located adjacent to the old Carroll Thompson Junior High School site. Change Order No. 1 also represents an increase in sidewalk quantities (6' wide walk instead of 4' wide) on the park site south of the old Carroll Thompson Junior High Tract under this Project number. The sidewalks adjacent to the old Carroll Thompson site would be affected by the ultimate design of the proposed Cultural Center and Commercial Center. The net reduction in this contract would be $5,774.55 due to these changes. Staff recommended approval. September 22, 1988 Page 604 Motion was made by Councilwoman Trejo, seconded by Councilman Maloy to authorize Resolution #2914 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 88-47B-604-565 (13.) Consider closing of completed Community Development Projects and associated adJustments to the Contingency Fund. At the end of each fiscal year, the Community Development Projects which have been completed the previous 12 months are closed, and the budget underruns and overruns are reconciled to the Contingency Fund. Several road construction projects were combined and bid under one contract, particularly the Lake 6 Road Construction and Paving of Baylor & Colgate, and therefore were completed at a substantial savings. The Irrigation System project was scaled back after it was determined that only a portion of the park required a new irrigation system. The original estimate included the renovation of the entire site. The expenditures contributed to the City for Indirect Costs exceeded the original amount budgeted by $23,197.00. This additional amount was approved by HUD in the "Final Negotiation Agreement" for the period ending September 30, 1987. During the past twelve months, the following projects have been completed: BG CLOSEOUT - 1987-88 REVISED OVER UNDER BUDGET Elliston-Bozeman-9th Yr $20,741.47 $ 64,608.53 Arnett-Benson-10th Yr 16,982.14 173,017.86 Residential Rehab-12th Yr 9,094.16 609,094.16 5104 Irrigation Systems 41,373.04 34,856.96 5105 Lake 6 Rd Construction 28,719.13 155,780.87 5107 Landscaping Rogers Ctr 159.81 4,740.19 5111 Water Fountains 3,152.74 29,547.26 5112 Wetwell Pumps 758.80 23,758.80 5623 WPS Shelter 3,428.00 78,866.00 6102 Lake 6 Low Water Crossing 1,334.36 143,034.36 6103 Park Area Lighting 15,800.37 22,199.63 6809 Locks for the Elderly 0.00 10,000.00 6313 Study E. 26th St. Bridge 0.00 162.04 6614 TIF Study 4,671.63 25,328.37 6116 Landscaping Screen 3,416,27 4,583.73 7103 Rawlings Landscape/Irr 5,222.13 45,177.87 7305 Paving/Baylor & Colgate 27,272.81 49,627.19 7406 Conc Code Enforcement 10,198.41 234,983.41 7607 Arnett Benson Sidewalk 5,067.69 48,067.69 7608 Emergency Repair 88.00 99,912.00 7609 Indirect Costs 23,197.00 123,197.00 7611 Paint -Up Program 6,534.45 18,465.55 September 22, 1988 Page 605 7612 Planning Documents 2,812.18 1,187.82 7613 Weatherization 35.00 114,965.00 7614 Well Baby Clinic Expan 0.00 106,000.00 7815 Home Security/Elderly 426.72 9,573.28 4411 C.D. Administration 12,794.70 145,205.30 4415 C.D. Field Services 8,834.60 226,165.40 88-47B-505-566 (14.) $49,650.42 $202,465.19 TOTAL TO CONTINGENCY $152,814.77 Closing these accounts increases the Contingency Fund Budget from $276,642.23 to $429,457.00. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to authorize closing completed Community Development Projects and make appropriate adjustments to the Contingency Fund. Motion carried: 7 Yeas; 0 Hays. The U.S. Department of Housing and Urban Development has emphasized that cities keep their Contingency Fund balances relatively low; CD Staff stated that the current Contingency Fund balance would be considered excessive and recommended an "interim" allocation be made in order to reduce the balance of the Contingency Fund and to esculate high priority projects. Projects considered for an allocation are as follows: Chatman Hill Redevelopment $ 67,400 Wagner Park 11,000 Handicapped Accessibility - Mahon Library 3,950 Signal System Improvement 35,000 Lighting in Helen Hodges Park and other improvements 30,000 TOTAL $147,360 These allocations decreases the Contingency Fund balance to $292,097. Motion was made by Councilwoman Trejo, seconded by Mayor Pr❑ Tem Baker to authorize allocations of Community Development Block Grant Funds for Chatman Hill Redevelopment, Wagner Park, Handicapped Accessibility at Mahon Library, Signal System Improvement, Lighting and ❑ther improvements at Helen Hodges Park in amounts given above. Motion carried: 7 Yeas; 0 Nays. September 22, 1988 Page 606 88-47B-606-567 (15.) International Airport. RESOLUTION #2915 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Grant Agreement between the City of Lubbock and the Federal Aviation Administration for an Airport Improvement Program at the Lubbock international Airport, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and he a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of September, 1988. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is/ Marvin Coffee Marvin Coffee, Director of Aviation Is/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: s Harold Willard Harold Willard, Assistant City Attorney GRANT AGREEMENT FOR DEVELOPMENT PRDJECT Part 1-Offer Date of Offer: September 27, 1988 Airport: Lubbock International Project No. 3-48-0138-08-88 Contract No. DOT-FA88SW-8576 TO: The City of Lubbock, Texas (herein referred to as the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein referred to as the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application (also called an Application for Federal Assistance) dated September 14, 1988, for a grant of Federal funds for a project for development of the Lubbock International Airport (herein called the "Airport"), together with plans and specifications for such project, which Application for Federal Assistance, as approved by the FAA is hereby incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for development of the Airport (herein called the "Project") consisting of the following - described airport development: Construct airfield lighting improvements; reconstruct west cargo apron; install distance remaining signs; install pavement sensor system; rehabilitate rotating beacon; construct by-pass taxiways on Runway 17R/36L; construct connector angled taxiway between Taxiway A and Runway 17R. September 22, 1988 Page 607 all as more particularly described specifications incorporated in the Assistance. in the property map and plans and said Application for Federal WHEREAS, this project will not be completed during fiscal year 1988, and the total estimated cost of completion will be $4,011,185. NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987, herein called the "Act," and/or the Aviation Safety and Noise Abatement Act of 1979, and in consideration of (a) the Sponsor's adoption and ratification of the representations and assurances contained in said Project Application and its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred in accomplishing the Project, ninety percentum of all allowable project costs. This Offer is made on and subject to the following terms and conditions: Conditions 1. The maximum obligation of the United States payable under this offer shall be $4,011,185. 2. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration as to allowability under the act. 3. Payment of the United States share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the united States share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. The sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part ❑f the project application. 5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the sponsor. 6. This offer shall expire and the United States shall not be obligated t❑ pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before September 30, 1988 or such subsequent date as may be prescribed in writing by the FAA. 7. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed by the sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any September 22, 1988 Page 608 settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. 8. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with the grant agreement. 9. The property map referred to on Page 1 of this Grant Agreement is the Property Map, Exhibit "A", incorporated in AIP Project No. 3-48-0138-04. 10. The Sponsor hereby covenants and agrees that it will not advertise for bids, award any contract, or commence any of the construction to be accomplished under this project until it has submitted final plans and specifications and such plans and specifications have been approved by the FAA, and it is further understood that the United States will not make nor be obligated to make any payment for such item of airport development under this Grant Agreement until the Sponsor has submitted such plans and specifications and they have been approved, as herein provided. The Sponsor further covenants and agrees that it will submit said final plans and specifications to the Administrator on or before 180 days from the date of this Agreement. 11. This Offer is made on and subject to the following terms and conditions: Notwithstanding the provisions of Standard Condition No. 1 above, the maximum obligation of the United States payable at this time under this Offer shall be $1,710,201 from funds appropriated for Fiscal Year 1988 under the Airport and Airway Safety and Capacity Expansion Act of 1987. 12. Pursuant to Section 512 of the Airport and Airway Safety and Capacity Expansion Act of 1987, and at the Sponsor's request, the FAA does hereby commit the United States to obligate an additional amount to this project for payment of its share of the cost, in accordance with the terms hereof, not to exceed the apportionment made to the Sponsor for Fiscal Year 1989 and Fiscal Year 1990, pursuant to Section 507{a}(1) of said Act, and subject to the restrictions now or hereafter imposed on the FAA on use of such apportionment by, but not limited to, Appropriation Acts now or hereafter enacted. The exact amount of this commitment will be established in an amendment to this grant that will be duly executed by the parties hereto when such computation and obligation can be made in Fiscal Year 1989 and Fiscal Year 1990. It is further understood by the parties hereto that this commitment does not in itself obligate, preclude nor restrict the FAA in the use of any funds made available for discretionary use under Section 507 of said Act to further aid the Sponsor in meeting the cost of this project under the terms of this agreement and limitations of law. The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the September 22, 1988 Page 609 accomplishment of the Project and compliance with the assurance and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION /s/ Frederick O. Gurule (Title) Acting Manager, Albuquerque Airports District Office Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. Executed this 29th day of September, 1988. City of Lubbock, Texas (Name of Sponsor) By /s/ B. C. McMinn (SEAL) Title Mayor Attest: Isl Ranette Boyd CERTIFICATE OF SPONSOR'S ATTORNEY I, Harold Willard, acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Texas. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at Lubbock, Texas this 29th day of September, 1988. /s/ Harold Willard Signature of Sponsor's Attorney ALL OTHER RELATED DOCUMENTS FILED WITH RESOLUTION #2915. Council approved an amendment to an Engineering Services Agreement with Parkhill, Smith and Cooper, Inc. at the June 23, 1988 Council meeting, to provide engineering services for improvements at the Airport. The projects included taxiway lighting circuits, electrical vault work and reconstruction ❑f the apron by the old terminal and taxiway connectors. The Federal Aviation Administration is funding their share ❑f 90% on a multi -year basis. The first year, which is the 1988 FY enplanement allocation, will be $1,710,201. The Grant offer must be accepted prior to the end of FY 1988. September 22, 1988 Page 610 This is 90% of $1,900,223, the City's share being $190,022. Staff recommended approval. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to authorize Resolution #2915 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 88-47B-610-568 (16.) Consider Resolution #2916 authorizing -the Mayor to execute a Contract with McDonald Transit Associates, Inc., for Transportation Management Services. RESOLUTION #2916 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of said City an agreement to be entered into by and between the City of Lubbock and McDonald Transit Associates, Inc., a Texas Corporation, related to said McDonald Transit Associates, Inc. serving as a professional management company for employment and advisory services for the transportation system of said City, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of September, 1988. ATTEST: I s1 Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry Hoffman Larry Hoffman, Director of Transportation AGREEMENT FILED WITH RESOLUTION #2916. s B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: Is1 J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney During work session on September 8, 1988, Council authorized Staff to negotiate a Contract with McDonald Transit Associates for Transit Management Services. The proposed Contract is for five years (October 1, 1988 through September 30, 1993) with the following fee schedule (which includes travel expenses for non-resident personnel): CONTRACT YEAR MONTHLY FEE 1988-89 $6,790 1989-90 $6,925 1990-91 $7,065 1991-92 $7,200 1992-93 $7,350 The Contract includes the following paragraph, "The City may, however, at its sole discretion terminate this Agreement at any time during the above term upon sixty (60) days written notice September 22, 1988 Page 613 88-47B-613-571 (19.) Motion was made by Mayor Pro Tem Baker, seconded by Councilman Maloy to engage the firm of Fulbright and Jaworski to serve as counsel on the proposed Contract between City of Lubbock and Brazos River Authority. Motion carried: 7 Yeas; O Nays. RESOLUTION #2917 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor fo the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement by and between the City of Lubbock and National Center for Municipal Development, Inc., attached herewith, which shall be spread upon the minutes of the City Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of September, 1988. Is/ B. C. McMinn B.C. McMINN, MAYOR ATTEST: /s/ _Ranette_-Boyd Ranette Boyd, City Secretary APPROVED A5 TO CONTENT: APPROVED AS TO FORM: /s/ Bob Cass Is1 Donald G. Vandiver Bob Cass, Deputy City Manager Donald G. Vandiver, First Assistant City Attorney AGREEMENT Between the City of and the NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. Washington, D.C. WHEREAS, the City of Lubbock ("City"), in consultation with other major cities in Texas, has determined that there is a need for jointly sponsored Washington Representation, and WHEREAS, this need is particularly pressing in relation to: 1. Information about legislative and executive action on issues of common interest, 2. Transmitting city positions on these issues to the Congressional delegation and to the Administration, and September 22, 1988 Page 614 3. Obtaining individual city service to pursue defined projects or individual legi-slative priorities, and WHEREAS, the National Center for Municipal Development is known to the Cities and is capable -of and willing to undertake such representation in.Washington, NOW, THEREFORE, the City of Lubbock in association with and recognizing the concurrent participation of, the Cities of Dallas, Fort Worth, Houston, Lubbock, and Plan❑ (collectively, the "Cities" enters into this agreement with the National Center for Municipal Development ("NCMD.") I. OBLIGATIONS OF THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT, INC. A. NCMD will operate a unit to act as a Washington office for the Cities and will assign a member of its staff as head of this unit. NCMD will furnish requisite staff, office space, utilities, furnishings, and equipment, secretarial services, common -use office supplies and services, and general administrative support. B. NCMD will consult with the "Committee" (see section IIQ to determine issues of specific interest to the Cities and to determine policies and positions which the Cities as a group hold and wish to be pursued by NCMD. In cases in which the City position differs from or conflicts with the Cities' group position, NCMD will consult with the City and the Committee to determine the proper course of action. C. Information. 1) NCMD will provide regular information on Washington issues and events of interest to the Cities. This will be done by: a) "Washington Report", a regular publication of NCMD, b) Written reports, bulletins, and memoranda on developments in Texas -specific issues, and c) Direct phone contact. 2) NCMD will present federal affairs briefings for the Cities at times and places specified by the Committee. D. Congressional Relations. NCMD will establish and maintain on a regular basis contact with the Texas Senators and the Cities' delegations in the House of Representatives. E. Individual City Services. 1. NCMD will, at its own instance, initiate and pursue research, reports, meetings, consultation and other activities on matters of interest to the City and will respond to requests for similar actions from the City. It will inform the Administration and Congress of the needs of the City. Such services and activities will be provided at a cost of $80.00 per hour. September 22, 1988 Page 611 for cause, including a determination by the Lubbock City Council that Public Transit Service cannot be continued because of lack of funding." Such a provision allows Council to terminate the Agreement for any cause with sixty (60) days notice. Specific responsibilities of the Contractor and the General Manager are as follows: 1. Overall management and policy recommendations 2. Management continuity 3. Management personnel development and training and recruitment as necessary 4. Monitoring and evaluation of all operations, systems and procedures 5. Operations 6. Finance, accounting and budgeting 7. Safety, loss prevention and insurance 8. Schedules, transportation and routing 9. Maintenance and purchasing of equipment 10. Customer relations and promotion 11. Preparation and administration of State and Federal grants 12. Administration of service contracts 13. Employee relations 14. Selection and training of all Citibus employees McDonald Transit Associates specified that John Wilson be available to serve as General Manager of Citibus for the duration of the five-year Contract. Staff recommended approval. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize Resolution #2916 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. Councilman Carpenter asked if McDonald Transit can no longer rent/lease vehicles for football games. Mr. Wilson replied that if TNMO cannot meet requests for services, McDonald Transit can provide these services. 88-47B-611-569 (17.) Consid r votes to be cast for TML Self -Insurance Fund Board. Article 6, By -Laws of the Texas Municipal League Self -Insurance Fund stipulates that the terms of four members of the TML Self -Insurance Fund Board of Trustees shall expire October 1, 1988 and September 22, 1988 Page 612 after their term expires they shall be subject to election of the members of the Fund. In accordance with these by-laws, two names were submitted for each trustee's position subject to election and a ballot was submitted to Council to record the vote. Staff recommended the following persons for places on the TML Self -Insurance Fund: Place 11 John Ross Place 12 David Regan Place 13 Nora Chaves Place 14 Rick Brown The City's participation with the TML insurance activities is currently a self -insured claims administration relationship on worker's compensation and liability insurance. City of Lubbock's health, fire and casualty insurance is no longer with the TML Insurance Fund. Motion was made by Councilman Carpenter, seconded by Councilman Patterson to cast the following votes for the election of TML Self Insurance Fund Board Members: Place 11 John C. Ross, Jr. Place 12 David Reagan Place 13 Nora Chaves Place 14 Rick Brown Motion carried: 7 Yeas; 0 Nays. 88-47B-612-570 (18.) Consider special engagement of Bond Attorneys to advise City Council on proposed Contract with Brazos _River Authority. It became apparent, during negotiations with Brazos River Authority on the proposed contract for the financing and operation of Lake Alan Henry, that special arrangements for bond counsel are necessary. The arrangements are that the Brazos River Authority will issue bonds to finance the project based on the Contract with the City of Lubbock. Under most circumstances, our Bond Counsel is covered under our contract with First Southwest Company. In this case, however, First Southwest Company will be financial advisors on the bonds for Brazos River Authority. The City's attorneys, Fulbright and Jaworski, will not write an opinion on the Bonds for the purpose of protecting the Bondholders, but simply review the contract to protect Lubbock's interest in the transaction and the fee will be on an hourly basis. In this particular circumstance, Staff feels that advice from Fulbright and Jaworski is critical to protect the interest of the City, however, the Bonds will be issued by the Brazos River Authority. Staff recommended approval of this special engagement. September 22, 1988 Page 615 2. Should billable costs for the contract period appear to exceed the costs specified in Section 11, B or C, NCMD will notify the City, together with its estimates of the extra amounts expected t❑ be required the reasons therefor, and its recommendation to the City. II. OBLIGATIONS OF THE CITY A. The City will contract with NCMD for the specified services for a period of one year, commencing October 1, 1988 and ending September 30, 1989. B. Service Costs. The service cost of this contract is $20,000, composed of three elements: a) A retainer of $12,960.00 per year. b) Thirty-eight assured -use of hours of service at $80.00 totalling $3,040.00. c) Optional use hours of service at the rate of $80.00 per hour, totalling $4,000.00 C. Reimbursable Costs -- Not to exceed $5,500.00. 1. Costs incident to travel outside Washington, D.C. for long-distance telephone calls, and for expedited communication services shall be reimbursed to NCMD upon submission of its invoice to the City. It is understood that travel is to be preauthorized by the City or the Committee. In the case of travel authorized by the Committee, the City agrees to pay its pro -rate share of the costs. 2. Cost for the following items which exceed the allocation for such items in the basic contract cost shall, when authorized by the City or the Committee, be reimbursed to NCMD upon presentation of its invoice. a) Subscription and dues. b) Printing and graphics. c) Supplies. d) Provision of local ground transportation in Washington. e) Rental of meeting facilities and other meeting expenses. If an expenditure under this section is authorized by the Committee, the City agrees to pay its pro- rata share. September 22, 1988 Page 616 D. Contract casts are payable as follows: 1. The retainer and assured hourly costs totally $16,000.00 are payable quarterly in advance in these amounts: October 1, 1988 $ 400.00 January 1, 1989 5,200.00 April 1, 1989 5,200.00 July 1, 1989 5,200.00 2. The optional hourly costs above the first thirty hours of service are payable upon billing by NCMD after that the assured hours of service have been exceeded. (Sec. II, B. 2) E. The Committee. 1) The City will appoint a member to a Committee of the Cities associated in this effort. The Committee will appoint its own chairperson and determine the times and places of its meetings. The functions of the Committee are: a) To determine common positions on federal issues which NCMD is to pursue on behalf of the Cities. b) To discuss apparent conflicts or differences on issues or projects which may arise among the Cities and to resolve them in terms of a course of action for NCMD. c) To monitor the function and operation of the Washington office to determine if it is fulfilling the goals and objectives for which it was designed. d) To authorize travel and other reimbursable expenses to be incurred for the common purposes of the Cities. F. General. 1) The City will inform NCMD of the person(s) authorized to request services and to serve as the chief contact. 2) The City will supply the Center with a summary of the federal programs in which the City is participating and other information necessary to an understanding of the City's purposes in relation to the federal government. III. THE CITY AND THE CENTER CONCUR THAT THE FOLLOWING EXCLUSIONS SHALL APPLY TO THIS AGREEMENT A. NCMD will not: 1) Directly or indirectly participate in or intervene in any political campaign on behalf of or in opposition to any candidate for public office. 2) Will not represent the interests of local constituents in pursuit of federal business. September 22, 1988 Page 617 3) By virtue of this agreement, represent other local agencies in the City except those which are instrumentalities or agencies of the City. 4) Perform any legal, engineering, accounting, or other similar professional services. 5) Will not represent a position which clearly and directly opposes national policies of the National League of Cities and U.S. Conference of Mayors. IV. TERMINATION AND EFFECTIVE DATE Either party may terminate this agreement at any time by giving the other at least ninety days written notice. This agreement shall take effect on October 1, 1988. DULY PASSED AND APPROVED THIS THE 22nd DAY OF September, 1988. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Bob Cass Bob Cass, Deputy City Manager ATTEST: /s/ Wilfreida Swann FOR THE CITY OF LUBBOCK, TEXAS /s/ B. C. McMinn B. C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney FOR THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT /s/ John Thomas Cochran PRESIDENT In 1986, Council approved a Contract between the City of Lubbock and the National Center for Municipal Development. The cities of Lubbock, Plano, Houston, Dallas and Fort Worth agreed at that time to enter into a joint contract for Federal representation services. Under the terms of that contract, the cities received routine notification of various items of interest from Washington and were also able to secure specific service for individual city projects. Total "base" contract costs for the October 1, 1987 contract were $16,000 (as opposed to $20,000 for the first year). Base costs for the forthcoming year are again proposed at $16,000. Guaranteed staff hours for use for specific city projects would be dropped from 50 to 38 for the September 22, 1988 Page 618 October 1, 19B7- Contract. However, Staff has the capability to use additional hours as needed at the specified hourly rate. In addition to the $16,000 "base" cost, approximately $5,500 was set aside for reimbursables should they be necessary. Staff has found this group to be an advantage in terms of monitoring various personnel, community development, law enforcement and environmental issues. Motion was made by Councilman Patterson, seconded by Councilwoman Trejo to authorize Resolution #2917 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. BB-47B-61B-572 (20.) Consider Sister City Program Proposal and Resolution. RESOLUTION #2918 WHEREAS, the City Council believes that a comprehensive Sister City Program would foster mutual friendship and understanding between cities of different nations. WHEREAS, a Sister City Program would stimulate development of future economic, cultural and tourist exchanges between the City of Lubbock and foreign cities. WHEREAS, the City Council of the City of Lubbock believes that it would be in the best interest of Lubbock citizens to establish a comprehensive Sister City Program, therefore, an Advisory Board will be established for the purpose of evaluating the Sister City process and to evaluate and recommend the necessary resources and administrative structure for establishing a successful Sister City Program for the primary purpose of promoting business, commerce and cultural relations with cities in foreign countries. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK. SECTION 1. Creation That there is hereby created and established a Sister City Advisory Board to determine the feasibility for establishing a comprehensive Sister City Program in Lubbock. The advisory board will remain active until completing the charge outlined in the resolution. SECTION 2. Composition of Board That the Sister City Advisory Board will consist of eleven (11) members. The members will be selected by the City Council according to broad based representation of Lubbock business and cultural interests. SECTION 3. Chairman That the Chairman of the Sister City Advisory Board shall be selected by the Mayor from the eleven (11) agreed upon representatives appointed by the City Council. SECTION 4. Committee Report That after reviewing all relevant information, the Sister City Advisory Board will submit to the City Council a final report outlining the Committee's recommendations concerning the charge outlined in the resolution. September 22, 1988 Page 619 SECTION 5. Committee Charge In developing their recommendation, the Sister City Advisory Board shall consider the following charge. 1. Evaluate the on -going accomplishments of the current Sister City Program with Leon, Mexico to determine the benefits of this relationship. Provide a recommendation for the future administration and objectives of this program. 2. Determine the need or benefits to be associated with establishing a comprehensive Sister City Program under the umbrella of the City of Lubbock or the Board of City Development. If it is determined that an overall comprehensive program is desirable and in the best interest of the City of Lubbock, then the Advisory Board should address the following issues and challenges with respect to this program: a. Establish goals and objectives and program benefits for a comprehensive Sister City Program. b. Establish and recommend criteria by which future sister city relationships could be evaluated, including the establishment of guidelines t❑ evaluate all proposed sister city opportunities. C. Establish criteria for monitoring and evaluating on -going accomplishments of sister city relationships that have been approved by the City Council to determine if the relationships are achieving the desired results. d. Establish cost estimates for ❑perating effective sister city programs and identify possible sources of revenue for these programs. e. Determine an administrative entity which could be responsible for the overall sister city program, including staffing, planning, ❑rganizing, directing, budgeting and coordinating the sister city activities. f. If the Advisory Board determines that a comprehensive program ❑f Sister Cities is in the best interest ❑f our City, then the board would consider recommending the creation of a permanent advisory committee or steering committee to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in achieving the established goals of the Sister City Program. The advisory Board would recommend composition, structure, terms and guidelines for establishing such an overall committee to plan, coordinate and oversee all sister city activities. SECTION 6. Termination The Board shall terminate and dissolve upon acceptance of its final report by the City Council. September 22, 1988 Page 620 Passed this 22nd day of September, 1988. /s/ B. C. McMinn B.C..McMINN, MAYOR ATTEST: /s/ Ranette_Boyd Ranette Boyd, City.Secretary APPROVED AS TO CONTENT: APPROVED AS TO FORM: s Rod Ellis /s/ John C. Ross, Jr. Rod Ellis, Business Liaison City Attorney Officer During work session on September 8, it was consensus of Council to evaluate the Sister City Program concept and to pass a resolution creating a Sister Cities Advisory Board, whose purpose it was to develop program guidelines. The first obligation of the Board will be to determine if a comprehensive Sister City Program is presently in the best interest of the City of Lubbock; then the Board will evaluate and recommend the necessary resources and administrative structure for establishing and implementing a successful Sister City Program. Other duties of the Board will be to recommend goals, objectives, evaluate ongoing accomplishments to determine if the Sister City Program is achieving desired results. The Advisory Board will consist of eleven members, who will be representative of the community as a whole, and the chairman will be appointed by the Mayor from the eleven member group. The Advisory Board will serve until a final recommendation is forwarded to Council. Motion was made by Mayor Pro Tem Baker, seconded by Councilwoman Trejo to authorize Resolution #291B as recommended by Staff. Motion carried: 7 Yeas; D Nays. 88-47B-620-573 (21.) Consider Resolution #2919 establishing a Young Community Leaders Project Study Committee in accordance with 1988 Lubbock:2005 Review Committee Recommendations. RESOLUTION #2919 WHEREAS, the "Lubbock 2005" Review Committee recommended to the City Council that the City Council appoint a committee to begin building a framework upon which a Young Community Leaders Project can be developed; and, WHEREAS, the City Council after due consideration of such recommendation hereby determines that such recommendation should be implemented in and for the public interest and welfare; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: September 22, 1988 Page 521 SECTION 1. THAT it is hereby found and is a need to develop in the City of Lubbock a Project to target young adults (approximately leadership skill training for these potential leadership base of emergency leaders, focusing and younger persons. determined that there Young Community Leaders ages 18-31), provide leaders, and build a on ethnic minorities SECTION 2. THAT to accomplish the objectives stated in Section 1 above, it is hereby determined that a study committee should be appointed to build a framework upon which such objectives can be accomplished. SECTION 3. THAT there is hereby established an advisory committee to be known as the Young Community Leaders Project Study Committee to be composed of seven members appointed by the City Council. One member of such Committee shall be a member of the City Council and the remainder of the members of such committee shall represent a representative sample of geographic and ethnic interests in the City of Lubbock. The Mayor of the City of Lubbock is hereby authorized and directed to appoint one member of such Committee as its Chair -person. SECTION 4. THAT after the Young Community Leaders Project Study Committee is duly appointed and constituted, it shall meet at such times and places as it deems necessary to carry out the purposes for which is was appointed, and shall appoint one of its members as its secretary to record its business and proceedings, and forward any necessary reports to the Mayor and City Council of the City of Lubbock. SECTION 5. THAT the Young Community Leaders Project Study Committee shall begin its work as soon as practicable after its appointment and shall forward its written report and recommendations to the Mayor and City Council before January 30, 1989. SECTION 5. THAT the Young Community Leaders Project Study Committee shall serve at the will of the City Council until such time as the City Council determines the work of the Committee is completed. Passed by the City Council this 22nd day of September, 1988. ATTEST: IsI Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Isl Jim Bertram Jim Bertram, Assistant City Manager for Development Services Is1 B. C. McMinn B.C. McMINN, MAYOR APPROVED AS TO FORM: Is1 J. Worth Fullingim J. worth Fullingim, Assistant City Attorney During work session of July 27, Betty Anderson, Chairman of the 1988 Lubbock:2005 Review Committee, presented a request for the Council to consider establishing a Young Community Leaders Project. The objective will be to target young adults between the ages of 18-31 and provide leadership skills training in order to develop a leadership base that focuses on ethnic minorities and younger persons. September 22, 1988 Page 622 88-47B-622-574 (23.) 88-47B-622-575 (24.) 8B-47B-622-576 (25.) The 2005 Review Committee recommended that a Young Community Leaders Project Study Committee be appointed to develop a framework. This Committee is to report recommendations to Mayor and Council prior ;to'January 30, 1989, and is to be made up of seven members, appointed by Council, and one member of the Committee is to be a City Council member. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Baker to authorize Resolution #2919 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. BID #9901--Electrical safety a ui ment Electric Distribution). Nelson Electric Supply--21 20KV linehose; 3B 30KV linehose; 25 20KV linehose;25 25KV blanket; 72 blanket pin; 16 zip -on blanket; 18 30KV insulator cover; 60 charkote water repellant spray dielectric silicone; 24 protective bags for linemans rubber gloves; 60 pr. rubber cuff protector gloves; 144 pr glove liners; 64 LB unscented talc powder. Temple Inc.--27 linemans rubber gloves. Motion was made by Councilman Patterson,seconded by Councilman Phillips to accept low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. BID #9886--DumD trucks [Garage Department Modern Chevrolet --dump truck with winch as per spec. #607 (cab & chassis). Hobb Trailers --dump truck with winch as per spec #607 (dump body); 12 yd dump truck as per spec #609 (dump body). South Plains International Trucks--12 yd. dump truck as per spec #609 (cab & chassis). Motion was made by Councilman Patterson, seconded by Councilman Phillips, to accept low bids meeting specifications. Motion carried: 7 Yeas; 0 Nays. Awarded to Missouri Valley Inc., Amarillo --Boiler superheater, Holly Avenue Power Plant. RESOLUTION #2920 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract by and between the City of Lubbock and Missouri September 22, 1988 Page 623 Valley, Inc. for Boiler Superheater Replacement, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of September, 1988. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager STATE OF TEXAS COUNTY OF LUBBOCK s B. C. McMinn B.C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harald Willard Harold Willard, Assistant City Attorney CONTRACT THIS AGREEMENT, made and entered into this 22nd day of September, 1988 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and MISSOURI VALLEY, INC. of the City of AMARILLO, County of RANDAL, and the State of TEXAS, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned; to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 9892 - BOILER SUPERHEATER REPLACEMENT - HOLLY AVENUE POWER PLANT IN THE TOTAL AMOUNT OF $399,000.00. and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees after the date written notice to do and to substantially complete same contract documents. to commence work within ten days so shall have been given to him within the time specified in the The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. September 22, 1988 Page 624 IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: •CITY OF LUBBOCK, TEXAS (OWNER) /s/ Ranette Boyd Ls/ B. C. McMinn City Secretary Mayor APPROVED AS TO CONTENT: APPROVED AS TO FORM: /s/ Jay Wadsworth /s/ Donald G. Vandiver ATTEST: MISSOURI VALLEY, INC. CONTRACTOR /s/ Vicky Key By: /s/ Mack Wattenburger TITLE: President COMPLETE ADDRESS: P.O. Box 7747, Amarillo, TX 79114 Motion was made by Councilman Patterson, seconded by Councilman Phillips, to authorize Resolution #2920 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 88-47B-624-577 (26.) BID #9894--Improvements to Meadowbrook Golf Course, and authorize same (Golf Department). Awarded to Land Constructors, Inc., Irving -- Improvements to Meadowbrook Golf Course. RESOLUTION #2921 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and an behalf of the City of Lubbock a contract by and between the City of Lubbock and Land Constructors, Inc. for Improvements to Meadowbrook Golf Course, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of September, 1988. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager /s/ B. C. McMinn B.C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney September 22, 1988 Page 624 IN WITNESS WHEREOF, the parties,to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: Is1 Ranette Boyd City Secretary APPROVED AS TO CONTENT: /s/ Jay Wadsworth ATTEST: /s1 Vicky KeY CITY OF LUBBOCK, TEXAS (OWNER) Ls1 B. C. McMinn Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver MISSOURI VALLEY, INC. CONTRACTOR By: Is1 Mack Wattenburger TITLE: President COMPLETE ADDRESS: P.O. Box 7747, Amarillo, TX 79114 Motion was made by Councilman Patterson, seconded by Councilman Phillips, to authorize Resolution #2920 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 88-47B-624-577 (26.) BID #9894--Improvements to Meadowbrook Golf Course, and authorize same (Golf Department). Awarded to Land Constructors, Inc., Irving -- Improvements to Meadowbrook Golf Course. RESOLUTION #2921 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract by and between the City of Lubbock and Land Constructors, Inc. for Improvements to Meadowbrook Golf Course, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of September, 1988. ATTEST: Is1 Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Is1 Gene Eads Gene Eads, Purchasing Manager Zsl B. C. McMinn B.C. McMINN, MAYOR APPROVED AS TO FORM: Isl Harold Willard Harold Willard, Assistant City Attorney September 22, 1988 Page 625 CONTRACT STATE OF TEXAS COUNTY OF LUBBOCK THIS AGREEMENT, made and entered into this 22nd day of September, 1988 by and between the City of Lubbock, County of Lubbock, State of Texas, acting by and through B.C. McMinn, Mayor, thereunto authorized to do so, hereinafter referred to as OWNER, and LAND CONSTRUCTORS, INC. of the City of IRVING, County of DALLAS, and the State of TEXAS, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby agrees with OWNER to commence and complete the construction of certain improvements described as follows: BID NO. 9894 - IMPROVEMENTS TO MEADOWBROOK GOLF COURSE IN THE TOTAL AMOUNT OF $367,048.00 and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete the said construction in accordance with the contract documents as defined in the General Condition of Agreement. The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given to him and to substantially complete same within the time specified in the contract documents. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the year and day first above written. ATTEST: /s/ Ranette Boyd City Secretary APPROVED AS TO CONTENT: /s/ Scott Snider ATTEST: CITY OF LUBBOCK, TEXAS (OWNER) s B. C. McMinn Mayor APPROVED AS TO FORM: /s/ Donald G. Vandiver LAND CONSTRUCTORS, INC. CONTRACTOR By: David E. Harnden TITLE: Vice President COMPLETE ADDRESS: 1221 South Irving Heights, Irving, TX 75060 Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize Resolution #2921 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. September 22, 1988 Page 626 88-47B-626-578 (27.) BID #9906--Electrical wire Central Warehouse). Fields & Co.--20,000' #2 triplex cable out of pipe; 5,000 lb. 500MCM copper wire; 1,500 lb. 336MCM 19 strand wire; 22,000 lb. #795MCM ACSR bare wire. Motion was made by Councilman Patterson, seconded by Councilman Phillips to accept low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 88-47B-626-579 (28.) BID #9870--Progerty insurance for various buildings and contents and authorize same (various departments). Awarded to R. S. Wilkinson & Associates, Inc. -- Property insurance $198,612,000.00 coverage, $250,000.00 deductible (Premium). RESOLUTION #2922 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract* by and between the City of Lubbock and R.S. Wilkinson & Associates, Inc. for Property Insurance for various buildings and contents, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of September, 1988. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/_Gene_Eads Gene Eads, Purchasing Manager /sI B. C. McMinn B.C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney *Copy of policy filed with Resolution #2922. Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize Resolution #2922. Motion carried: 7 Yeas; 0 Nays. 88-47B-626-580 (29.) BID #9882--Insurance policies for Lubbock International Airport, and authorize same (Aviation)._ Awarded to Republic Hogg Robinson of Texas/US Fire Insurance Company (Resolution #2923-A) and Sanford Agency/Southern Marine & Aviation September 22, 1988 Page 627 Underwriters (Resolution #2923-B)--Airport Comprehensive General Liability Insurance. Coverage: $11,000,000.00. Deductible: $10,000.00 (Premium). RESOLUTION #2923-A BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City ❑f Lubbock BE and is hereby authorized and directed to execute for and on behalf ❑f the City ❑f Lubbock a contract* by and between the City of Lubbock and Republic Hogg Robinson of Texas/US Fire Insurance Company for insurance policies of Lubbock International Airport, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of September, 1988. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager /s/ B. C. McMinn B.C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney *Copy of policies filed with Resolution #2923-A. RESOLUTION #2923-B BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract* by and between the City of Lubbock and The Sanford Agency/Southern Marine & Aviation Underwriters for insurance policies for Lubbock International Airport, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of September, 1988. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Gene Eads Gene Eads, Purchasing Manager /s/ B. C. McMinn B.C. McMINN, MAYOR APPROVED AS TO FORM: /s/ Harold Willard Harold Willard, Assistant City Attorney *Copy of policies filed with Resolution #2923-B. September 22, 1988 Page 628 Motion was made by Councilman Patterson, seconded by Councilman Phillips to authorize Resolution #'s 2923-A and 2923-B as recommended by Staff. Motion carried: 1 Yeas; 0 Nays. 88-41B-628-581 (30.) Currently, there are five members on the Lubbock Libraries Board who serve three year terms. At the August 22, 1988 Regular City Council meeting, Council approved amending Ordinance 8664 to expand the Lubbock Libraries Board from 5 to 1 members, of which 6 members are appointed by Council. The revised Ordinance also states that the seventh member of the Lubbock Libraries Board will be the President of the Friends of the Library who would serve on the Lubbock Libraries Board as a voting member for the length of his/her term as President of the Friends. Council reserved the right to confirm the appointment of the President of the Friends to the Libraries Board at the time that the person assumed their position as President. The current president of the Friends of the Library is Carroll Burcham, professor at Lubbock Christian University. Motion was made by Councilwoman Trejo, seconded by Councilman Carpenter to appoint David Harmon as the sixth member of the Lubbock Libraries Board, and to confirm Caroll Burcham as the Friends of the Library representative to the Board. Motion carried: 1 Yeas; 0 Nays. 88-47B-628-582 [ 6.) ORDINANCE #9229--Tone Case #2302-B located Southwest of 92nd Street and Clinton Avenue) -- Hold a Public Hearing on request of David R. Go ette for Lubbock Land Com an for zoning change from A-2 to R-I on Tract D. Meadows Addition. ORDINANCE #9229 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2302-B; A ZONING CHANGE FROM A-2 TO R-1 ZONING ON TRACT D, MEADOWS ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. David Goyette, for Lubbock Land Company, presented request for zone change. No one appeared in opposition to this request and Mayor McMinn closed the Hearing at 9:32 a.m. Assistant City Manager Jim Bertram stated this parcel of land is currently zoned A-2 with conditions limiting it to development of a nursing home. The tract was originally designed within the subdivision as a church tract. Mr. Bertram gave the adjacent land uses as follows: September 22, 1988 Page 629 88-47B-629-583 ( 7.) North - Playa to be developed as a park South - Residential East - Residential West - Residential - developed as townhomes. The request is consistent with both Comprehensive Land Use Plan policy and zoning policy. Any return to single-family use within a neighborhood is desirable. During the P & Z Public Hearing, there was no comment pro or con other than that of the proponent. The proponents have indicated that the tract will be replatted into lots for homes comparable to the surrounding area. The change in development pattern should have a mini- mal effect on traffic. Staff supports the recommendation of the Planning Commission to the City Council. Motion was made by Councilman Maloy, seconded by Councilman Patterson to pass on first reading Ordinance #9229 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9230 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. I490-K; AMEND ORDINANCE NO. 7233-A BY REPLACING CONDITIONS OF THE SITE PLAN CONCERNING A SCREENING FENCE AND LANDSCAPING WITH NEW CONDITIONS ON TRACT I -A AND TRACT 2-A, LESS 475, SOUTH, FIESTA AUTOLAND ADDITION, LUBBOCK, TEXAS; SUBJECT TO AMENDED CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Buddy Barron, representing Calvin Brunken, presented request to change fencing requirements on this site. No one appeared in opposition to this request and Mayor McMinn closed the Hearing at 9:34 a.m. Assistant City Manager Jim Bertram stated that the precedent for revision of Ordinance #7233-A was established during prior Public Hearings for the wail adjacent to Alexis Park, which is immediately south. Mr. Bertram gave the adjacent land uses as follows: North - Loop 289 South - Commercial East _ Commercial West - Commercial and single-family September 22, 1988 Page 630 88-47B-630-584 ( 8.) This request is not guided by Comprehensive Land Use Plan policy as Fiesta Autoland is developed as commercial and zoning policy has been previously established for lowering the fence height. The Site Plan shows no additional curb cuts, therefore, the request will have no detrimental effect on traffic. During the Planning & Zoning Public Hearing, a resident on the west side of Slide Road indicated a concern about one condition she considers a flaw from the previous case at Alexis Park. The fence height was set at 36", which she stated is 34" on the Slide Road side. The parking lot is built up about 10" for drainage which causes the inside measurement to be considerably less than the 36" height, thus blocking the headlights of an average vehicle. The Planning Commission and Staff replied that failure to specify the height requirement on the "parking lot side" did cause the lowered fence to not achieve the desired result. Additional discussion by the Commission indicated an intent to keep the wall the same height for appearance, as the parking lot of the car dealership would not involve headlights after business hours. The Site Plan presented to the Planning Commission detailed the new fence profile and noted that the existing landscape would be refurbished. Staff requested an improved plan be approved prior to a Construction Permit. The Commission approved the request of the Site Plan with the stipulation that the new fence match the elevation at Alexis Park and with the following two conditions: 1. Staff review and approve detailed landscaping plans prior to issuance of a Construction Permit. 2. Tied to Site Plan #2302-B. Staff recommended approval. Motion was made by Councilman Carpenter, seconded by Mayor Pro Tem Baker to pass on first reading Ordinance #9230 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. ORDINANCE #9231--Zone Case_#2447-A (located at 5307 50th Street) --Hold a Public Hearing ❑n request of Manuchehr Missaghi for zoning change from C-2A to C-2 on Lot_s_12-14, Axe -Henderson Addition. ORDINANCE #9231 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2447-A;'A ZONING CHANGE FROM C-2A TO C-2 ZONING ON LOTS 12-14, AXE-HENDERSON ADDITION, LUBBOCK, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Bill Young, representing Manuchehr Missaghi, presented request for zone change. Mr Young stated that existing zoning on the tract is C-2A with conditions limiting uses to professional September 22, 1988 Page 631 offices. According to Mr. Young, buildings associated with lots in this case differ from the office buildings to the east, which were built to accommodate retail uses. No one appeared in opposition to this request and Mayor McMinn closed the Hearing at 9:36 a.m. Assistant City Manager Jim Bertram gave the adjacent land uses as follows: North - Apartments South - Vacant, zoned A-1 East - C2-A offices and C-2 West - C-2, undeveloped The Comprehensive Land Use Plan policy was not an issue as the current use of this tract is commercial. The Master Thoroughfare Plan indicates 50th Street as a designated thoroughfare at this location, but it is not constructed to that status at the present. Zoning policy indicates this is a routine request since the land immediately west is zoned C-2 with no restrictions and the request should have minimal impact on traffic. There were no opponents at the Planning & Zoning Hearing. Staff advised that Council uphold Planning & Zoning Commission recommendation. Motion was made by Councilman Phillips, seconded by Councilman Maloy to pass on first reading Ordinance #9231 as recommended by Staff. Motion carried: l Yeas; C Nays. 88-47B-631-585 9.) Hold a Public Hearing for the -Emergency Shelter Grant Program. On March 24, 1988, Council approved the City of Lubbock's application to the U.S. Department of Housing and Urban Development for a $6,000 Emergency Shelter Grant Program, the purpose of this grant being to assist the homeless in Lubbock. Applications for these funds were subsequently received from Women's Protective Services of Lubbock, Inc., and Guadalupe Economic Services Corporation. Women's Protective Services provides emergency shelter to battered adults and their children. Theresa Nelson requested funds for the purchase of two freezers, an ice maker, water purifier, motion detector and a microware. (The $3,000 requested will be matched with the value of their facility.) Guadalupe Economic Services Corporation's Homeless Shelter places an emphasis on sheltering families with children, the elderly and disabled individuals. The requested funds in the amount of $3,000 were for purchasing and installing of central heat/air and a playground. The $3,000 requested will be matched with the value of their facility. September 22, 1988 Page 632 Staff reviewed the applications for compliance with applicable Federal regulations. The total of the two requests was equal to the $6,000 Emergency Shelter Grant funds the City received and these funds must be obligated prior to October 1, 1988. No one appeared to speak in opposition to the requests. Mayor McMinn closed the Public Hearing at 10:08 a.m. 88-478-632-586 (10.) Consider Resolution #2924 authorizing the Mayor to execute a Funding Agreement _with _Women's Protective Services of Lubbock, Inc. RESOLUTION #2924 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Emergency Shelter Funding Agreement by and between the City of Lubbock and Women's Protective Services of Lubbock, Inc., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of September, 1988. EMERGENCY SHELTER FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND WOMEN'S PROTECTIVE SERVICES OF LUBBOCK, INC. THE STATE OF TEXAS COUNTY OF LUBBOCK This Agreement is entered into this 22nd day of September 1988, between the City of Lubbock, Texas, a home rule municipal corporation, hereinafter called "City" and Women's Protective Services of Lubbock, Inc., a nonprofit corporation incorporated under the laws of the State of Texas, hereinafter called "Corporation." WITNESSETH: WHEREAS, the City is obligated to do and perform certain services in its undertaking of an Emergency Shelter Grants Program pursuant to Subpart 8 of Title IV of the Stewart B. McKinney Homeless Assistance Act (Pub. L. 100-77); and WHEREAS, the Corporation is a nonprofit corporation offering services to the homeless; and WHEREAS, the Corporation and the services it provides have been found to meet the criteria for funding under provisions 575.23(b) of the Emergency Shelter Regulation for Nonprofit Recipients; and WHEREAS, the renovation, major rehabilitation and conversion of facilities for the homeless, provision of essential services for the homeless, and the payment of maintenance, operation (excluding staff), insurance, utilities and furnishing are fundable by the Department of Housing and Urban Development; and September 22, 1988 Page 633 WHEREAS, the provision of shelter and services to the homeless is the predominant purpose of the transaction; continuing supervision by the City together with statutory and contractual requirements provide sufficient assurance that this purpose will be accomplished; and an audit provides sufficient protection of the handling of public money; NOW THEREFORE, the City and Corporation do hereby mutually agree as follows: SECTION 1. AGREEMENT PERIOD This agreement shall commence on September 22, 1988, and shall terminate on September 21, 1989. SECTION 2. CORPORATION PERFORMANCE Corporation shall conduct, in a satisfactory manner as determined by City, an Emergency Shelter Grants Program pursuant to Subpart B of Title IV of the Stewart B. McKinney Homeless Assistance Act (Pub. L. 100-77), hereinafter referred to as the Act. Corporation shall perform all activities in accordance with the terms of the Performance Statement, hereinafter referred to as Exhibit A; the Budget, hereinafter referred to as Exhibit B; the Applicable Laws and Regulations, hereinafter referred to as Exhibit C; the assurances, certifications, and all other statements made by Corporation in its application for the project funded under this agreement; and with all other terms, provisions, and requirements set forth in this agreement. SECTION 3. CITY OBLIGATIONS A. In consideration of full and satisfactory performance of the activities referred to in Section 2 of this agreement, City shall be liable for actual and reasonable costs incurred by Corporation during the agreement period for performances rendered under this agreement by Corporation, subject to the limitations set forth in this Section 3. I. It is expressly understood and agreed by the parties hereto that City's obligations under this Section 3 are contingent upon the actual receipt of adequate federal funds to meet City's liabilities under this agreement. If adequate funds are not available to make payments under this agreement, City shall notify Corporation in writing within a reasonable time after such fact is determined. City shall terminate this agreement and will not be liable for failure to make payments to Corporation under this agreement. 2. City shall not be liable to Corporation for any costs incurred by Corporation, or any portions thereof, which have been paid to Corporation or which are subject to payment to Corporation, or which have been reimbursed to Corporation or which are subject to reimbursement to Corporation by any source other than City or Corporation. 3. City shall not be liable to Corporation for any costs incurred by Corporation which are not allowable costs, as set forth in Section 5(B) of this agreement. 4. City shall not be liable to Corporation for any costs incurred by Corporation or for any performances rendered by Corporation which are not strictly in accordance with the terms of this agreement, including the terms of Exhibit A, Exhibit B, and Exhibit C of this agreement. September 22, 1988 Page 634 5. City shall not be liable to Corporation for any costs incurred by Corporation in the performance of this agreement which have not been billed to City by Corporation within sixty (60) days following termination of this agreement. 6. City shall not be liable for costs incurred or performances rendered by Corporation before commencement of this agreement or after termination of this agreement. B. Corporation shall refund to City any sum of money which has been paid to Corporation by City which City determines has resulted in overpayment to Corporation, or which City determines has not been spent by Corporation strictly in accordance with the terms of this agreement. Such refund shall be made by Corporation to City within thirty (30) working days after such refund is requested by City. C. Notwithstanding any other provision of this agreement, the total of all payments and other obligations incurred by City under this agreement shall not exceed the sum of Three Thousand and no/100 Dollars ($3,000.00). SECTION 4. METHOD OF PAYMENT A. Corporation shall submit to City invoices for items purchased. City shall determine the reasonableness of each purchase and shall not make disbursement of any such payment until City has reviewed and approved each purchase. Payment of approved purchases will be made by the City directly to the supplier. B. Notwithstanding the provisions of Section 4(A) of this agreement, it is expressly understood and agreed by the parties hereto that payments under this agreement are contingent upon Corporation's full and satisfactory performance of its obligations under this contract. C. It is expressly understood and agreed by the parties hereto that any right or remedy provided for in this Section 4 or in any other provision of this agreement shall not preclude the exercise of any other right or remedy under this agreement or under any provision of law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies. Failure to exercise any right or remedy hereunder shall not constitute a waiver of the right to exercise that or any other right or remedy at any time. SECTION 5. UNIFORM ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES A. Corporation shall comply with Office of Management and Budget (OMB) Circulars Nos. A-110 and A-112. B. The allowability of costs incurred for performances rendered hereunder by Corporation shall be determined in accordance with OMB Circular No. A-122. Notwithstanding any other provision of this agreement, City shall only be liable to Corporation for costs incurred or performances rendered for activities specified in 24 CFR Sec. 575.21(a) (52 Fed Reg 38864 (October 19, 1987).) City shall not be liable to Corporation for costs incurred or performances rendered for any other activities, including but not Iimited to: 1. acquisition or construction of an emergency shelter for the homeless; 2. the cost of staff involved in overseeing the operation of the shelter; or September 22, 1988 Page 635 3. rehabilitation services performed by City or Corporation's staff, such as preparation of work specifications, loan processing, or inspections; and 4. renovation, rehabilitation, or conversion of buildings owned by primarily religious organizations or entities, unless the conditions of 24 CFR 575.21(b)(2) are met. SECTION 6. CORPORATION'S MATCH A. Corporation shall be liable to City for providing an amount of funds equal to the amount of funds provided by City under this agreement for performances hereunder. Such funds must be provided from sources other than under this agreement. This amount shall be referred to hereinafter as Corporation's match. B. Amounts may be counted toward Corporation's match only if such amounts are costs or resources of a type specified by budget categories delineated in Exhibit B and only if such amounts are computed in accordance with this subsection. In calculating the amount of Corporation's match, Corporation may include the value of any donated material or building; the value of any lease on a building; any salary paid to staff of Corporation in carrying out the activities required under this agreement; and the time and services contributed by volunteers to carry out such activities, determined at the rate of $5 per hour. Corporation shall determine the value of any donated material or building, or any lease using any method reasonably calculated to establish a fair market value. SECTION 7. RETENTION AND ACCESSIBILITY OF RECOR65 A. Corporation shall comply with the retention and custodial requirements for records specified in Attachment C of OMB Circular No. A-110. B. Corporation shall give the United States Department of Housing and Urban Development, the Inspector General, the Comptroller General of the United States, and City, or any of their duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, and other papers, things or property belonging to or in use by Corporation pertaining to this agreement. Such right shall continue as long as the records are retained by Corporation. SECTION 8. REPORTING REQUIREMENTS A. Corporation shall submit to City such reports on the operation and performance of this agreement as may be required by City including, but not limited to, the reports specified in this Section 8. B. Corporation shall furnish City with monthly financial statements of the project or services being funded under this agreement. Such statements shall contain all the information as may be requested by the Community Development Administrator regarding the performance of the Corporation's activities. C. Corporation shall submit to City an annual performance report. Such reports shall be in a format prescribed by City and shall include the amount of the funds obligated and expended for each of the three categories of eligible activities described in 575.21(a)(1),(2) and (3). The initial annual performance report is required for the period ending December 31 following the execution of this agreement, and is due no later than 10 days after December 31. Corporation must continue to submit this report annually until all emergency shelter grant amounts are reported as expended. September 22, 19W Page 636 D. In addition to the limitations on liability otherwise specified in this agreement, it is expressly understood and agreed by the parties hereto that if Corporation fails to submit to City in a timely and satisfactory manner any report required by this agreement, City may, at its sole option and in its sole discretion, withhold any or all payments otherwise due or requested .by Corporation hereunder. If City withholds such payments, it shall notify Corporation in writing of its decision and the reasons therefor. Payments withheld pursuant to this paragraph may be held by City until such time as the delinquent obligations for which funds are withheld are fulfilled by Corporation. SECTION 9. MONITORING City reserves the right to perform periodic on -site monitoring of Corporation's compliance with the terms and conditions of this agreement, and the adequacy and timeliness of Corporation's performances under this agreement. After each monitoring visit, City shall provide Corporation with a written report of the monitor's findings. If the monitoring report notes deficiencies in Corporation's performances under the terms of this agreement, the monitoring report shall include requirements for the timely correction of such deficiencies by Corporation. Failure by Corporation to take action specified in the monitoring report may be cause for suspension or termination of this agreement, as provided in Sections 17 and 18 of this agreement. SECTION 10. INDEPENDENT CONTRACTOR It is expressly understood and agreed by the parties hereto that City is contracting with Corporation as an Independent Contractor, and that Corporation, as such, agrees to hold City harmless and to indemnify City from and against any and all claims, demands, and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with the services to be performed by Corporation under this agreement, its use or occupancy of the emergency shelter structure, or by the negligence of its agents or employees. Corporation shall give to City prompt and timely written notice of any claim instituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect City, and City shall have the right to compromise and defend same to the extent of its own interests. The Corporation shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the City. SECTION 11. SUBCONTRACTS A. Corporation shall only subcontract for performances described in this agreement to which the federal labor standards requirements apply after Corporation has submitted a Subcontractor Eligibility form, as specified by City, for each such approval, based on the information submitted, of Corporation's intent to enter into such proposed subcontract. Corporation, in subcontracting for any performances described in this agreement, expressly understands that in entering into such subcontracts, City is in no way liable to Corporation's subcontractor s). B. In no event shall any provision of this Section 11, specifically the requirement that Corporation obtain City's prior written approval of a subcontractor's eligibility, be construed as relieving Corporation of the responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply with all of the terms of this agreement, as if such performances rendered were rendered by Corporation. September 22, 1988� Page 636 D. In addition to the limitations on liability otherwise specified in this agreement, it is expressly understood and agreed by the parties hereto that if Corporation fails to submit to City in a timely and satisfactory manner any report required by this agreement, City may, at its sole option and in its sole discretion, withhold any or all payments otherwise due or requested .by Corporation hereunder. If City withholds such payments, it shall notify Corporation in writing of its decision and the reasons therefor. Payments withheld pursuant to this paragraph may be held by City until such time as the delinquent obligations for which funds are withheld are fulfilled by Corporation. SECTION 9. MONITORING City reserves the right to perform periodic on -site monitoring of Corporation's compliance with the terms and conditions of this agreement, and the adequacy and timeliness of Corporation's performances under this agreement. After each monitoring visit, City shall provide Corporation with a written report of the monitor's findings. If the monitoring report notes deficiencies in Corporation's performances under the terms of this agreement, the monitoring report shall include requirements for the timely correction of such deficiencies by Corporation. Failure by Corporation to take action specified in the monitoring report may be cause for suspension or termination of this agreement, as provided in Sections 17 and 18 of this agreement. SECTION 10. INDEPENDENT CONTRACTOR It is expressly understood and agreed by the parties hereto that City is contracting with Corporation as an Independent Contractor, and that Corporation, as such, agrees to hold City harmless and to indemnify City from and against any and all claims, demands, and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of, or in connection with the services to be performed by Corporation under this agreement, its use or occupancy of the emergency shelter structure, or by the negligence of its agents or employees. Corporation shall give to City prompt and timely written notice of any claim instituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect City, and City shall have the right to compromise and defend same to the extent of its own interests. The Corporation shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the City. SECTION 11. SUBCONTRACTS A. Corporation shall only subcontract for performances described in this agreement to which the federal labor standards requirements apply after Corporation has submitted a Subcontractor Eligibility form, as specified by City, for each such approval, based on the information submitted, of Corporation's intent to enter into such proposed subcontract. Corporation, in subcontracting for any performances described in this agreement, expressly understands that in entering into such subcontracts, City is in no way liable to Corporation's subcontractor s). B. In no event shall any provision of this Section 11, specifically the requirement that Corporation obtain City's prior written approval of a subcontractor's eligibility, be construed as relieving Corporation of the responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply with all of the terms of this agreement, as if such performances rendered were rendered by Corporation. September 22, 1988 Page 637 C. City's approval under Section 11 does not constitute adoption, ratification, or acceptance of Corporation's or subcontractor's performance hereunder. City maintains the right to insist upon Corporation's full compliance with the terms of this agreement, and by the act of approval under this Section 11, City does not waive any right of action which may exist or which may subsequently accrue to City under this agreement. D. Corporation shall comply with all applicable federal, state, and local laws, regulations, and ordinances for making procurements under this contract, including Circular No. A-110, Attachment 0 Procurement Standards. SECTION 12. CONFLICT OF INTEREST In addition to the requirements of OMB Circular No. A-110, Corporation shall ensure that no person who is an employee, agent, consultant, ❑fficer, or elected or appointed official of City or Corporation, who exercises or has exercised any functions or responsibilities with respect to activities performed pursuant to this agreement, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect to the activity, or the proceeds of any contract, subcontract, agreement related to the activity, either for himself or herself or those with whom he or she has family or business ties, during his or her tenure or for one year thereafter. SECTION 13. LEGAL AUTHORITY A. Corporation assures and guarantees that Corporation possesses the legal authority to enter into this agreement to receive funds authorized by this agreement, and to perform the services Corporation has obligated itself to perform hereunder. B. The person or persons signing and executing this agreement on behalf of Corporation, or representing themselves as signing and executing this agreement on behalf of Corporation, do hereby warrant and guarantee that he, she or they have been duly authorized by Corporation to execute this agreement on behalf of Corporation and to validly and legally hind Corporation to all terms, performances, and provisions herein set forth. C. City shall have the right to suspend or terminate this agreement if there is a dispute as to the legal authority of either Corporation or the person signing this agreement to enter into this agreement or to render performances hereunder. Corporation is liable to City for any money it has received from City for performance of the provisions of this agreement if City has suspended or terminated this agreement for reasons enumerated in this Section 13. SECTION 14. LITIGATION AND CLAIMS Corporation shall give City immediate notice in writing of 1) any action, including any proceeding before an administrative agency, filed against Corporation arising out of the performance of any subcontract hereunder; and 2] any claim against Corporation, the cost and expense ❑f which Corporation may be entitled to have reimbursed by City. Except as otherwise directed by City, Corporation shall furnish immediately to City copies of all pertinent papers received by Corporation with respect to such actions or claims. SECTION 15. SECTARIAN ACTIVITY None of the performances rendered by Corporation under this agreement shall involve and no portion of the funds received by Corporation under this agreement shall be used in support of any sectarian or September 22, 1988 Page 637 C. City's approval under Section 11 does not constitute adoption, ratification, or acceptance of Corporation's or subcontractor's performance hereunder. City maintains the right to insist upon Corporation's full compliance with the terms of this agreement, and by the act of approval under this Section 11, City does not waive any right of action which may exist or which may subsequently accrue to City under this agreement. U. Corporation shall comply with all applicable federal, state, and local laws, regulations, and ordinances for making procurements under this contract, including Circular No. A-110, Attachment U Procurement Standards. SECTION 12. CONFLICT OF INTEREST In addition to the requirements of OMB Circular No. A-110, Corporation shall ensure that no person who is an employee, agent, consultant, officer, or elected or appointed official of City or Corporation, who exercises or has exercised any functions or responsibilities with respect to activities performed pursuant to this agreement, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect to the activity, or the proceeds of any contract, subcontract, agreement related to the activity, either for himself or herself or those with whom he or she has family or business ties, during his or her tenure or for one year thereafter. SECTION 13. LEGAL AUTHORITY A. Corporation assures and guarantees that Corporation possesses the legal authority to enter into this agreement to receive funds authorized by this agreement, and to perform the services Corporation has obligated itself to perform hereunder. B. The person or persons signing and executing this agreement on behalf of Corporation, or representing themselves as signing and executing this agreement on behalf of Corporation, do hereby warrant and guarantee that he, she or they have been duly authorized by Corporation to execute this agreement on behalf of Corporation and to validly and legally bind Corporation to all terms, performances, and provisions herein set forth. C. City shall have the right to suspend or terminate this agreement if there is a dispute as to the legal authority of either Corporation or the person signing this agreement to enter into this agreement or to render performances hereunder. Corporation is liable to City for any money it has received from City for performance of the provisions of this agreement if City has suspended or terminated this agreement for reasons enumerated in this Section 13. SECTION 14. LITIGATION AND -CLAIMS Corporation shall give City immediate notice in writing of 1) any action, including any proceeding before an administrative agency, filed against Corporation arising out of the performance of any subcontract hereunder; and 2) any claim against Corporation, the cost and expense of which Corporation may be entitled to have reimbursed by City. Except as otherwise directed by City, Corporation shall furnish immediately to City copies of all pertinent papers received by Corporation with respect to such actions or claims. SECTION 15. SECTARIAN ACTIVITY None of the performances rendered by Corporation under this agreement shall involve and no portion of the funds received by Corporation under this agreement shall be used in support of any sectarian or September 22, 1988 Page 638 - religious activity, nor shall any facilities used in the performance of this agreement be used for sectarian instruction or as a place of religious worship. SECTION 16. CHANGES AND AMENDMENTS A. Except as specifically provided otherwise in this agreement, any alternations, additions, or deletions to the terms of this agreement shall be by amendment hereto in writing and executed by both parties to this agreement. B. It is understood and agreed by the parties hereto that performances under this agreement must be rendered in accordance with the Act, the regulations promulgated under the Act, the assurances and certifications made to City by Corporation, and the assurances and certifications made to the United States Department of Housing and Urban Development by the City with regard to the operation of the Emergency Shelter Grants Program. Based on these considerations, and in order to ensure the legal and effective performance of this agreement by both parties, it is agreed by the parties hereto that the performances under this contract may be amended in the following manner: City, on behalf of the Department of Housing and Urban Development, may from time to time during the period of performance of this agreement issue policy directives which serve to establish, interpret, or clarify performance requirements under this agreement. Such policy directives shall be promulgated by the U.S. Department of Housing and Urban Development, shall have the effect of qualifying the terms of this agreement, and shall be binding upon Corporation, as if written herein, provided however, that said policy directives shall not alter the terms of this agreement so as to release City of any obligation specified in Section 3 of this agreement to reimburse costs incurred by Corporation prior to the effective date of said policy directives. C. Any alterations, additions, or deletions to the terms of this agreement which are required by changes in Federal law or regulations are automatically incorporated into this agreement without written amendment hereto, and shall become effective on the date designated by such law or regulation. SECTION 17. SUSPENSION Notwithstanding the provisions of Texas Civil Statutes, Article 601f, in the event that Corporation fails to comply with any term of this agreement, City may, upon written notification to Corporation, suspend this agreement in whole or in part and withhold further payments to Corporation, and prohibit Corporation from incurring additional obligations of funds under this agreement. SECTION 18. TERMINATION A. City shall have the right to terminate this agreement, in whole or in part, at any time before the date of completion specified in Section 1 of this agreement whenever City determines that Corporation has failed to comply with any term of this agreement. City shall notify Corporation in writing prior to the thirtieth (30th) day preceding the date of termination of such determination; the reasons for such termination; the effective date of such termination; and in the case of partial termination, the portion of the contract to be terminated. B. Either of the parties to this agreement shall have the right to terminate this agreement, in whole or in part, when both parties agree that the continuation of the activities funded under this agreement would not produce beneficial results commensurate with the further expenditure of funds; provided that both parties agree, in writing, upon the termination conditions, including the effective date of such termination; September 22, 1988 Page 638 - religious activity, nor shall any facilities used in the performance of this agreement be used for sectarian instruction or as a place of religious worship. SECTION 16. CHANGES AND AMENDMENTS A. Except as specifically provided otherwise in this agreement, any alternations, additions, or deletions to the terms of this agreement shall be by amendment hereto in writing and executed by both parties to this agreement. S. It is understood and agreed by the parties hereto that performances under this agreement must be rendered in accordance with the Act, the regulations promulgated under the Act, the assurances and certifications made to City by Corporation, and the assurances and certifications made to the United States Department of Housing and Urban Development by the City with regard to the operation of the Emergency Shelter Grants Program. Based on these considerations, and in order to ensure the legal and effective performance of this agreement by both parties, it is agreed by the parties hereto that the performances under this contract may be amended in the following manner: City, on behalf of the Department of Housing and Urban Development, may from time to time during the period of performance of this agreement issue policy directives which serve to establish, interpret, or clarify performance requirements under this agreement. Such policy directives shall be promulgated by the U.S. Department of Housing and Urban Development, shall have the effect of qualifying the terms of this agreement, and shall be binding upon Corporation, as if written herein, provided however, that said policy directives shall not alter the terms of this agreement so as to release City of any obligation specified in Section 3 of this agreement to reimburse costs incurred by Corporation prior to the effective date of said policy directives. C. Any alterations, additions, or deletions to the terms of this agreement which are required by changes in Federal law or regulations are automatically incorporated into this agreement without written amendment hereto, and shall become effective on the date designated by such law or regulation. SECTION 17. SUSPENSION Notwithstanding the provisions of Texas Civil Statutes, Article 501f, in the event that Corporation fails to comply with any term of this agreement, City may, upon written notification to Corporation, suspend this agreement in whole or in part and withhold further payments to Corporation, and prohibit Corporation from incurring additional obligations of funds under this agreement. SECTION 18. TERMINATION A. City shall have the right to terminate this agreement, in whole or in part, at any time before the date of completion specified in Section 1 of this agreement whenever City determines that Corporation has failed to comply with any term of this agreement. City shall notify Corporation in writing prior to the thirtieth (30th) day preceding the date of termination of such determination; the reasons for such termination; the effective date of such termination; and in the case of partial termination, the portion of the contract to be terminated. B. Either of the parties to this agreement shall have the right to terminate this agreement, in whole or in part, when both parties agree that the continuation of the activities funded under this agreement would not produce beneficial results commensurate with the further expenditure of funds; provided that both parties agree, in writing, upon the termination conditions, including the effective date of such termination; September 22, 1988 Page 639 and in the case of partial termination, the portion of the agreement to be terminated. C. Upon termination or receipt of notice to terminate, whichever occurs first, Corporation shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts related to the performance of this agreement or the part of this agreement to be terminated, and shall cease to incur costs thereunder. City shall not be liable to Corporation or to Corporation's creditors for costs incurred after termination of this agreement. D. Notwithstanding any exercise by City of its rights of suspension under Section 17 of this agreement, or of early termination pursuant to this Section 18, Corporation shall not be relieved of any liability to City for damages due to City by virtue of any breach of this agreement by Corporation. City may withhold payments to Corporation until such time as the exact amount of damages due to City from Corporation is agreed upon or is otherwise determined. SECTION 19. AUDIT A. City reserves the right to conduct a financial and compliance audit of funds received and performances rendered under this agreement. Corporation agrees to permit City, the U.S. Department of Housing and Urban Development, or their authorized representatives to audit Corporation's records and to obtain any documents, materials, or information necessary to facilitate such audit. B. Corporation understands and agrees it shall be liable to City for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this agreement. Corporation further understands and agrees that reimbursement to City of such disallowed costs shall be paid by Corporation from funds which were not provided or otherwise made available to Corporation under this agreement. C. Corporation shall take such action to facilitate the performance of such audit or audits conducted pursuant to this Section 19 as City or the U.S. Department of Housing and Urban Development may require of Corporation. SECTION 20. SPECIAL CONDITIONS A. Use as an Emergency Shelter 1. Any building for which emergency shelter grant amounts are used for one or more of the eligible activities described in 24 CFR 575.21 (a)(1) and (3) must be maintained as a shelter for the homeless for not less than a three-year period, or for not less than a 10-year period if the grant amounts are used for major rehabilitation or conversion ❑f the building. Using emergency shelter grant amounts for eligible activities in 24 CFR 575.21 (a) (2) does not trigger either the three- or ten-year period. 2. The three- and 10-year periods referred to in paragraph B(1) of this section begin t❑ run: a) In the case of a building that was not operated as an emergency shelter for the homeless before receipt of grant amounts under this part, on the date of initial occupancy as an emergency shelter for the homeless. September 22, 1988 Page 640 b] In the case of a building that was operated as an emergency shelter before receipt of grant amounts under this part, on the date that grant amounts are first obligated to the shelter. B. Building Standards Any building for which emergency shelter grant amounts are used for renovation, conversion, or major rehabilitation must meet local government code, safety and sanitation standards. C. Deadlines for Using Grant Amounts Corporation shall expend all funds provided under this agreement by September 21, 1989, and shall request reimbursement by City, all funds provided under this agreement by November 20, 1989. D. Religious Activities Corporation shall ensure that activities performed under this agreement shall be carried on in a manner free from religious influence. SECTION 21. ORAL AND WRITTEN AGREEMENTS A. All oral and written agreements between the parties to this agreement relating to the subject matter of this agreement that were made prior to the execution of this agreement have been reduced to writing and are contained in this agreement. B. The attachments enumerated and denominated below are hereby made a part of this agreement, and constitute promised performances by Corporation in accordance with Section 2 of this agreement. 1. Exhibit A, Performance Statement, I page 2. Exhibit B, Budget, I page 3. Exhibit C, Applicable Laws and Regulations, 2 pages For purposes of determining venue and the law governing this agreement, activities under this agreement are performed in the City and County of Lubbock, State of Texas. This agreement contains the entire agreement of the parties; and no representations, inducements or other covenants between the parties not included herein shall be of any force or effect. September 22, 1988 Page 641 IN WITNESS WHEREOF, the City and the Corporation have executed this Agreement as of the first day above written. CITY OF LUBBOCK /s/ B. C. McMinn B. C. McMINN, MAYOR ATTEST: /s/ Ranette B_ovd Ranette Boyd City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree Community Development APPROVED AS TO FORM: /s/ James P. Brewster James P. Brewster Civil Trial Attorney 88-47B-641-587 Administrator WOMEN'S PROTECTIVE SERVICES OF LUBBOCK, INC. s Debbie Hubbard CHAIRPERSON, BOARD OF DIRECTORS ATTEST: s Elizabeth R. Hill Secretary /s/ Joe Love Nelson Executive Director Motion was made by Mayor Pro Tem Baker, seconded by Councilman Maloy to authorize Resolution #2924 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. �11.] Consider Resolution #2925 authorizing the Mayor to execute a Funding Agreement with Guadalupe Economic Services Corporation. RESOLUTION #2925 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Emergency Shelter Funding Agreement by and between the City of Lubbock and Guadalupe Economic Services Corporation, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 22nd day of September, 1988. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree, Community Development Administrator s B. C. McMinn B. C. MCMINN, MAYOR APPROVED AS TO FORM: /s/ James P. Brewster James P. Brewster Civil Trial Attorney September 22, 1988 Page 642 EMERGENCY SHELTER FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND GUADALUPE ECONOMIC SERVICES CORPORATION THE STATE OF TEXAS COUNTY OF LUBBOCK This Agreement is entered into this 22nd day of September, 1988, between the City of Lubbock, Texas, a home rule municipal corporation, hereinafter called "City" and Guadalupe Economic Services Corporation, a nonprofit corporation incorporated under the laws of the State of Texas, hereinafter called "Corporation." WITNESSETH: WHEREAS, the City is obligated to do and perform certain services in its undertaking of an Emergency Shelter Grants Program pursuant to Subpart B of Title IV of the Stewart B. McKinney Homeless Assistance Act (Pub. L.100-77); and WHEREAS, the Corporation is a nonprofit corporation offering services to the homeless; and WHEREAS, the Corporation and the services it provides have been found to meet the criteria for funding under provisions 575.23(b) of the Emergency Shelter Regulation for Nonprofit Recipients; and WHEREAS, the renovation, major rehabilitation and conversion of facilities for the homeless, provision of essential services for the homeless, and the payment of maintenance, operation (excluding staff), insurance, utilities and furnishing are fundable by the Department of Housing and Urban Development; and WHEREAS, the provision of shelter and services to the homeless is the predominant purpose of the transaction; continuing supervision by the City together with statutory and contractual requirements provide sufficient assurance that this purpose will be accomplished; and an audit provides sufficient protection of the handling of public money; NOW THEREFORE, the City and Corporation do hereby mutually agree as follows: SECTION 1. AGREEMENT PERIOD This agreement shall commence on September 22, 198B, and shall terminate on September 21, 1989. SECTION 2. CORPORATION PERFORMANCE Corporation shall conduct, in a satisfactory manner as determined by City, an Emergency Shelter Grants Program pursuant to Subpart B of Title IV of the Stewart B. McKinney Homeless Assistance Act (Pub. L. 100-77), hereinafter referred to as the Act. Corporation shall perform all activities in accordance with the terms of the Performance Statement, hereinafter referred to as Exhibit A; the Budget, hereinafter referred to as Exhibit B; the Applicable Laws and Regulations, hereinafter referred to as Exhibit C; the assurances, certifications, and all other statements made by Corporation in its application for the project funded under this agreement; and with all other terms, provisions, and requirements set forth in this agreement. SECTION 3. CITY OBLIGATIONS A. In consideration of full and satisfactory performance of the activities referred to in Section 2 of this agreement, City shall be liable for actual and reasonable costs incurred by September 22, 1988 Page 643 Corporation during the agreement period for performances rendered under this agreement by Corporation, subject to the limitations set forth in this Section 3. 1. It is expressly understood and agreed by the parties hereto that City's obligations under this Section 3 are contingent upon the actual receipt of adequate federal funds to meet City's liabilities under this agreement. If adequate funds are not available to make payments under this agreement, City shall notify Corporation in writing within a reasonable time after such fact is determined. City shall terminate this agreement and will not be liable for failure to make payments to Corporation under this agreement. 2. City shall not be liable to Corporation for any costs incurred by Corporation, or any portions thereof, which have been paid to Corporation or which are subject to payment to Corporation, or which have been reimbursed to Corporation or which are subject to reimbursement to Corporation by any source other than City or Corporation. 3. City shall not be liable to Corporation for any costs incurred by Corporation which are not allowable costs, as set forth in Section 5(B) of this agreement. 4. City shall not be liable to Corporation for any costs incurred by Corporation or for any performances rendered by Corporation which are not strictly in accordance with the terms of this agreement, including the terms of Exhibit A, Exhibit B, and Exhibit C of this agreement. 5. City shall not be liable to Corporation for any costs incurred by Corporation in the performance of this agreement which have not been billed to City by Corporation within sixty (60) days following termination of this agreement. 6. City shall not be liable for costs incurred or performances rendered by Corporation before commencement of this agreement or after termination of this agreement. B. Corporation shall refund to City any sum of money which has been paid to Corporation by City which City determines has resulted in overpayment to Corporation, or which City determines has not been spent by Corporation strictly in accordance with the terms of this agreement. Such refund shall be made by Corporation to City within thirty (30) working days after such refund is requested by City. C. Notwithstanding any other provision of this agreement, the total of all payments and other obligations incurred by City under this agreement shall not exceed the sum of Three Thousand and no/100 Dollars ($3,000.40). SECTION 4. METHOD OF PAYMENT A. Corporation shall submit to City invoices for items purchased. City shall determine the reasonableness of each purchase and shall not make disbursement of any such payment until City has reviewed and approved each purchase. Payment of approved purchases will be made by the City directly to the supplier. B. Notwithstanding the provisions of Section 4(A) of this agreement, it is expressly understood and agreed by the parties hereto that payments under this agreement are contingent upon Corporation's full and satisfactory performance of its obligations under this contract. September 22, 1988 Page 644 C. It is expressly understood and agreed by the parties hereto that any right or remedy provided for in this Section 4 or in any other provision of this agreement shall not preclude the exercise of -any other right or remedy under this agreement or under any provision of law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies. Failure to exercise any right or remedy hereunder shall not constitute a waiver of the right to exercise that or any other right or remedy at any time. SECTION 5. UNIFORM ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES A. Corporation shall comply with Office of Management and Budget (OMB) Circulars Nos. A-114 and A-112. B. The allowability of costs incurred for performances rendered hereunder by Corporation shall be determined in accordance with OMB Circular No. A-122. Notwithstanding any other provision of this agreement, City shall only be liable to Corporation for costs incurred or performances rendered for activities specified in 24 CFR Sec. 575.21(a) (52 Fed Reg 38864 (October 19, 1987).) City shall not be liable to Corporation for costs incurred or performances rendered for any other activities, including but not limited to: 1. acquisition or construction of an emergency shelter for the homeless; 2. the cost of staff involved in overseeing the operation of the shelter; or 3. rehabilitation services performed by City or Corporation's staff, such as preparation of work specifications, loan processing, or inspections; and 4. renovation, rehabilitation, or conversion of buildings owned by primarily religious organizations or entities, unless the conditions of 24 CFR 575.21(b)(2) are met. SECTION 6. CORPORATION'S MATCH A. Corporation shall be liable to City for providing an amount of funds equal to the amount of funds provided by City under this agreement for performances hereunder. Such funds must be provided from sources other than under this agreement. This amount shall be referred to hereinafter as Corporation's match. B. Amounts may be counted toward Corporation's match only if such amounts are costs or resources of a type specified by budget categories delineated in Exhibit B and only if such amounts are computed in accordance with this subsection. In calculating the amount of Corporation's match, Corporation may include the value of any donated material or building; the value of any lease on a building; any salary paid to staff of Corporation in carrying out the activities required under this agreement; and the time and services contributed by volunteers to carry out such activities, determined at the rate of $5 per hour. Corporation shall determine the value of any donated material or building, or any lease using any method reasonably calculated to establish a fair market value. SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS A. Corporation shall comply with the retention and custodial requirements for records specified in Attachment C of OMB Circular No. A-114. September 22, 1988 Page 645 B. Corporation shall give the United States Department of Housing and Urban Development, the Inspector General, the Comptroller General of the United States, and City, or any ❑f their duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, and other papers, things or property belonging to or in use by Corporation pertaining to this agreement. Such right shall continue as long as the records are retained by Corporation. SECTION B. REPORTING REQUIREMENTS A. Corporation shall submit to City such reports on the operation and performance of this agreement as may be required by City including, but not limited to, the reports specified in this Section 8. B. Corporation shall furnish City with monthly financial statements of the project or services being funded under this agreement. Such statements shall contain all the information as may be requested by the Community Development Administrator regarding the performance of the Corporation's activities. C. Corporation shall submit to City an annual performance report. Such reports shall be in a format prescribed by City and shall include the amount of the funds obligated and expended for each of the three categories of eligible activities described in 575.21{a}(1),(2) and (3). The initial annual performance report is required for the period ending December 31 following the execution of this agreement, and is due no later than 10 days after December 31. Corporation must continue t❑ submit this report annually until all emergency shelter grant amounts are reported as expended. D. In addition to the limitations on liability otherwise specified in this agreement, it is expressly understood and agreed by the parties hereto that if Corporation fails to submit to City in a timely and satisfactory manner any report required by this agreement, City may, at its sole option and in its sole discretion, withhold any or all payments otherwise due or requested by Corporation hereunder. If City withholds such payments, it shall notify Corporation in writing of its decision and the reasons therefor. Payments withheld pursuant to this paragraph may be held by City until such time as the delinquent obligations for which funds are withheld are fulfilled by Corporation. SECTION 9. MONITORING City reserves the right to perform periodic on -site monitoring of Corporation's compliance with the terms and conditions of this agreement, and the adequacy and timeliness of Corporation's performances under this agreement. After each monitoring visit, City shall provide Corporation with a written report of the monitor's findings. If the monitoring report notes deficiencies in Corporation's performances under the terms of this agreement, the monitoring report shall include requirements for the timely correction of such deficiencies by Corporation. Failure by Corporation to take action specified in the monitoring report may be cause for suspension or termination ❑f this agreement, as provided in Sections 17 and 18 of this agreement. SECTION 10. INDEPENDENT CONTRACTOR It is expressly understood and agreed by the parties hereto that City is contracting with Corporation as an Independent Contractor, and that Corporation, as such, agrees to hold City harmless and to indemnify City from and against any and all claims, demands, and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of, September 22, 1988 Page 646 or in connection with the services to be performed by Corporation under this agreement, its use or occupancy of the emergency shelter structure, or by the negligence of its agents or employees. Corporation shall give to City prompt and timely written notice of any claim instituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect City, and City shall have the right to compromise and defend same to the extent of its own interests. The Corporation shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the City. SECTION 11. SUBCONTRACTS A. Corporation shall only subcontract for performances described in this agreement to which the federal labor standards requirements apply after Corporation has submitted a Subcontractor Eligibility form, as specified by City, for each such approval, based on the information submitted, of Corporation's intent to enter into such proposed subcontract. Corporation, in subcontracting for any performances described in this agreement, expressly understands that in entering into such subcontracts, City is in no way liable to Corporation's subcontractor(s). B. In no event shall any provision of this Section 11, specifically the requirement that Corporation obtain City's prior written approval of a subcontractor's eligibility, be construed as relieving Corporation of the responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comply with all of the terms of this agreement, as if such performances rendered were rendered by Corporation. C. City's approval under Section 11 does not constitute adoption, ratification, or acceptance of Corporation's or subcontractor's performance hereunder. City maintains the right to insist upon Corporation's full compliance with the terms of this agreement, and by the act of approval under this Section 11, City does not waive any right of action which may exist or which may subsequently accrue to City under this agreement. D. Corporation shall comply with all applicable federal, state, and local laws, regulations, and ordinances for making procurements under this contract, including Circular No. A-110, Attachment 0 Procurement Standards. SECTION 12. CONFLICT OF INTEREST In addition to the requirements of OMB Circular No. A-110, Corporation shall ensure that no person who is an employee, agent, consultant, officer, or elected or appointed official of City or Corporation, who exercises or has exercised any functions or responsibilities with respect to activities performed pursuant to this agreement, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect to the activity or the proceeds of any contract, subcontract, agreement related to the activity, either for himself or herself or those with whom he or she has family or business ties, during his or her tenure or for one year thereafter. SECTION 13. LEGAL AUTHORITY A. Corporation assures and guarantees that Corporation possesses the legal authority to enter into this agreement to receive funds authorized by this agreement, and to perform the services Corporation has obligated itself to perform hereunder. September 22, 1988 Page 647 B. The person or persons signing and executing this agreement on behalf of Corporation, or representing themselves as signing and executing this agreement on behalf of Corporation, do hereby warrant and guarantee that he, she or they have been duly authorized by Corporation to execute this agreement on behalf of Corporation and to validly and legally hind Corporation to all terms, performances, and provisions herein set forth. C. City shall have the right to suspend or terminate this agreement if there is a dispute as to the legal authority of either Corporation or the person signing this agreement to enter into this agreement or to render performances hereunder. Corporation is liable to City for any money it has received from City for performance of the provisions of this agreement if City has suspended or terminated this agreement for reasons enumerated in this Section 13. SECTION 14. LITIGATION AND CLAIMS Corporation shall give City immediate notice in writing of 1) any action, including any proceeding before an administrative agency, filed against Corporation arising out of the performance of any subcontract hereunder; and 2) any claim against Corporation, the cost and expense of which Corporation may he entitled to have reimbursed by City. Except as otherwise directed by City, Corporation shall furnish immediately to City copies of all pertinent papers received by Corporation with respect to such actions or claims. SECTION 15. SECTARIAN ACTIVITY None of the performances rendered by Corporation under this agreement shall involve and no portion of the funds received by Corporation under this agreement shall he used in support of any sectarian or religious activity, nor shall any facilities used in the performance of this agreement he used for sectarian instruction or as a place of religious worship. SECTION 16. CHANGES AND AMENDMENTS A. Except as specifically provided otherwise in this agreement, any alternations, additions, or deletions to the terms of this agreement shall he by amendment hereto in writing and executed by both parties to this agreement. B. It is understood and agreed by the parties hereto that performances under this agreement must be rendered in accordance with the Act, the regulations promulgated under the Act, the assurances and certifications made to City by Corporation, and the assurances and certifications made to the United States Department of Housing and Urban Development by the City with regard to the operation of the Emergency Shelter Grants Program. Based on these considerations, and in order to ensure the legal and effective performance of this agreement by both parties, it is agreed by the parties hereto that the performances under this contract may be amended in the following manner: City, on behalf of the Department of Housing and Urban Development, may from time to time during the period of performance of this agreement issue policy directives which serve to establish, interpret, or clarify performance requirements under this agreement. Such policy directives shall he promulgated by the U.S. Department of Housing and Urban Development, shall have the effect of qualifying the terms of this agreement, and shall be binding upon Corporation, as if written herein, provided however, that said policy directives shall not alter the terms of this agreement so as to release City of any obligation specified in Section 3 of this agreement to reimburse costs incurred by Corporation prior to the effective date of said policy directives. September 22, 1988 Page 648 C. Any alterations, additions, or deletions to the terms ❑f this agreement which are required by changes in Federal law or regulations are automatically incorporated into this agreement without written amendment hereto, and shall become effective on the date designated by such law ❑r regulation. SECTION 17. SUSPENSION Notwithstanding the provisions of Texas Civil Statutes, Article 601f, in the event that Corporation fails to comply with any term of this agreement, City may, upon written notification to Corporation, suspend this agreement in whole or in part and withhold further payments to Corporation, and prohibit Corporation from incurring additional obligations of funds under this agreement. SECTION 18. TERMINATION A. City shall have the right to terminate this agreement, in whole or in part, at any time before the date of completion specified in Section 1 of this agreement whenever City determines that Corporation has failed to comply with any term of this agreement. City shall notify Corporation in writing prior to the thirtieth (30th) day preceding the date of termination of such determination; the reasons for such termination; the effective date of such termination; and in the case of partial termination, the portion of the contract to be terminated. B. Either of the parties to this agreement shall have the right to terminate this agreement, in whole or in part, when both parties agree that the continuation of the activities funded under this agreement would not produce beneficial results commensurate with the further expenditure of funds; provided that both parties agree, in writing, upon the termination conditions, including the effective date of such termination; and in the case of partial termination, the portion of the agreement to be terminated. C. Upon termination or receipt of notice to terminate, whichever occurs first, Corporation shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts related to the performance of this agreement or the part of this agreement to be terminated, and shall cease to incur costs thereunder. City shall not be liable to Corporation or to Corporation's creditors for costs incurred after termination of this agreement. D. Notwithstanding any exercise by City of its rights of suspension under Section 17 of this agreement, or of early termination pursuant to this Section 18, Corporation shall not be relieved of any liability to City for damages due to City by virtue of any breach of this agreement by Corporation. City may withhold payments to Corporation until such time as the exact amount of damages due to City from Corporation is agreed upon or is otherwise determined. SECTION 19. AUDIT A. City reserves the right to conduct a financial and compliance audit of funds received and performances rendered under this agreement. Corporation agrees to permit City, the U.S. Department of Housing and Urban Development, or their authorized representatives t❑ audit Corporation's records and to obtain any documents, materials, or information necessary to facilitate such audit. B. Corporation understands and agrees it shall be liable to City for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this agreement. Corporation further understands and agrees that reimbursement to City of September 22, 1988 Page 649 such disallowed costs shall be paid by Corporation from funds which were not provided or otherwise made available to Corporation under this agreement. C. Corporation shall take such action to facilitate the performance of such audit or audits conducted pursuant to this Section 19 as City or the U.S. Department of Housing and Urban Development may require of Corporation. SECTION 20. SPECIAL CONDITIONS A. Use as an Emergency Shelter 1. Any building'for which emergency shelter grant amounts are used for one or more of the eligible activities described in 24 CFR 575.21 (a)(1) and (3) must be maintained as a shelter for the homeless for not less than a three-year period, or for not less than a 10-year period if the grant amounts are used for major rehabilitation or conversion of the building. Using emergency shelter grant amounts for eligible activities in 24 CFR 575.21 (a) (2) does not trigger either the three- or ten-year period. 2. The three- and 10-year periods referred to in paragraph S(1) of this section begin to run: a] In the case of a building that was not operated as an emergency shelter for the homeless before receipt of grant amounts under this part, on the date of initial occupancy as an emergency shelter for the homeless. b) In the case of a building that was operated as an emergency shelter before receipt of grant amounts under this part, on the date that grant amounts are first obligated to the shelter. B. Building Standards Any building for which emergency shelter grant amounts are used for renovation, conversion, or major rehabilitation must meet local government code, safety and sanitation standards. C. Deadlines for Using Grant Amounts Corporation shall expend all funds provided under this agreement by September 21, 1989, and shall request reimbursement by City, all funds provided under this agreement by November 20, 1989. D. Religious Activities Corporation shall ensure that activities performed under this agreement shall be carried on in a manner free from religious influence. SECTION 21. ORAL AND WRITTEN AGREEMENTS A. All oral and written agreements between the parties to this agreement relating to the subject matter of this agreement that were made prior to the execution of this agreement have been reduced to writing and are contained in this agreement. B. The attachments enumerated and denominated below are hereby made a part of this agreement, and constitute promised performances by Corporation in accordance with Section 2 of this agreement. September 22, 1988 Page 650 1. Exhibit A, Performance Statement, 1 page 2. Exhibit B, Budget, 1 page 3. Exhibit C, Applicable Laws and Regulations, 2 pages For purposes of determining venue and the law governing this agreement, activities under this agreement are performed in the City and County of Lubbock, State of Texas. This agreement contains the entire agreement of the parties; and no representations, inducements or other covenants between the parties not included herein shall be of any force or effect. IN WITNESS WHEREOF, the City and the Corporation have executed this Agreement as of the first day above written. CITY OF LUBBOCK /s/ B. C. McMinn B. C. MCMINN, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd City Secretary APPROVED AS TO CONTENT: /s/ Sandy Ogletree Sandy Ogletree Community Development Administrator APPROVED AS TO FORM: /s/ James P. Brewster James P. Brewster Civil Trial Attorney GUADALUPE ECONOMIC SERVICES CORPORATION /s/ Benny R. Aguilar CHAIRPERSON, BOARD OF DIRECTORS ATTEST: Is/ Joe J. Vasquez Secretary /s/ Richard Lopez Executive Director Motion was made by Councilman Maloy, seconded by Mayor Pro Tem Baker, to authorize Resolution #2925 as recommended by Staff. Motion carried: 7 Yeas; 0 Nays. 88-47B-650-588 (22.) Hold an Executive Session to discuss land acguisition (Water Utilities). September 22, 1988 Page 651 There being no further business to come before Council, motion was made by Councilman Phillips, seconded by Councilman Patterson to adjourn the meeting at 10:50 am.m Motion carried: 1 Yeas; 0 Nays. JW /cow B. C. McMINN, MAYOR ATTEST: f Ranett Boyd, City Secretary READ AND APPROVED THIS 13TH DAY OF OCTOBER, 1988. e Z(-!7- C - a -B. C . MCM rNN, MAYOR ATTEST: Ranett,e Boyd, City Sec tary THE STATE OF TEXAS COUNTY OF LUBBOCK R— 304 Before me Frances Ha rnaride: a Notary Public in and for Lubbock County, Texas on this day personally appeared ►l ufI I I ■ ACCO%irb* Manaper of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche -Journal — Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously For more than fifty-two weeks prior to the first insertion of this Laga' ho-� -I-4 No. Gk6746 at Lubbock County, Texas and the attached print- ed Copy of the Lamas HntiC4 is a true copy of the original and was pri LAWL11, Avalanche -Journal on the following dates: Sep Z wQb i r 79 1968 MME CASll Nb.2�a. Iteauca, 44 words � 44 = u9 6�_ oT nniffil gefrDavid R. GoV-2I* Re for ract D, ■ a change from A-2 le R.L an Tract Dr Meadew8 Addition (Southwest M Y1nd and Clinton AVenuel. IONS CASE NO. 14WK: RWrjW of Buddy Barron Tar zoning change Iron C-4 to emend Ordinance 7253. A to Change fencing reWIMMIenli on Lois 1-A and 1-A leas Wh 415', Rtesta AuWand Center AddIO" f 5211 Soulhwest LOW 2")- ZONE CASE NO. 2M7-A: Ref WA of ManudWhr Mlssaghl for zoning change from C-2A to C•2 On Lott 12.14, Axe-"endorson Addition fS307 Wh WOOL R-3u 11 Subscribed and sworn to before me this---n-afpy of S-ptamke09 FORM 5&14 Z2 Account l node LUBBOCK AVALANCHE -JOURNAL Southwestern Newspapers Corporation