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HomeMy WebLinkAboutResolution - 3940 - Funding Agreement - LRMHMR - Drug Elimination Program Services - 08_13_1992Resolution No. 3940 August 13, 1992 Item #19 RESOLUTION 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 Community Development Funding Agreement/Contract between the City of Lubbock and Lubbock Regional Mental Health and Mental Retardation for services under a drug elimination program. Said Funding Agreement/Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this ATTEST: ry APPROVED AS TO CONTENT: Sandy gtg'r�eeCommunity Ueve opment Administrhor APPROVED AS TO FORM: Linda L. Chamales, Assistant City Attorney LLC:jx/H3M.1ZES/D1-AGENDA August S, 1992 Resolution No. 3940 August 13, 1992 Item #19 COMMUNITY DEVELOPMENT FUNDING AGREEMENT/CONTRACT BETWEEN THE CITY OF LUBBOCK AND THE LUBBOCK REGIONAL MENTAL HEALTH AND MENTAL RETARDATION STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement is entered into this 13th day of August , 1992 , between the City of Lubbock, Texas, a home rule municipal corporation, hereinafter called "City", and the Lubbock Regional Mental Health and Mental Retardation Center, a non profit center, hereinafter called "Grantee". WITNESSETH: WHEREAS, the City is obligated to do and perform certain services in its undertaking of a Community Development Plan pursuant to the Housing and Development Act of 1974, as amended; and WHEREAS, the Grantee is a non profit center offering services to low income individuals who are at risk of participating in gang and drug activity; and WHEREAS, the services provided by the Grantee benefit citizens of the City of Lubbock and constitute a valuable public service; and WHEREAS, the City Council of the City of Lubbock has declared programs of Lubbock Regional MHMR to be a public purpose and the provision of these services to be a predominate purpose of this transaction; and WHEREAS, the Grantee and the services it provides have been found to meet the criteria for funding under provision 570-201(e) of the Community Development Regulation for Public Services; and WHEREAS, the accomplishment of the above public purpose is the predominant purpose of this transaction; continuing supervision by the City together with statutory and contractual requirements provide sufficient assurance that the public purpose will be accomplished; the City Council has found that the Grantee has the special expertise, knowledge and experience necessary for the operation of a public housing agency and that the City will receive adequate consideration in the form of substantial public benefit; and WHEREAS, the City desires to contract with the Grantee to make available operating assistance for the Drug Elimination Program, at the Lubbock Regional Mental Health and Mental Retardation Center, 1210 Texas Avenue; NOW THEREFORE, the City and Grantee do hereby mutually agree as follows: 1. The assistance made available through this agreement shall be used by the Grantee solely for the purposes of the MHMR Drug Elimination program. This assistance shall provide funding for two outreach workers and associated operating expenses for the MHMR Drug Elimination Program. Attached as Exhibit A is a detailed budget for the project. The services provided by the Grantee shall exclusively benefit lower income families residing in the Community Development Target Area and whose gross household income does not exceed the lower income eligibility requirements as established by the Department of Housing and Urban Development. 2. The City agrees to provide Grantee assistance from Department of Housing and Urban Development funds in an amount not to exceed $44,404. This contract shall commence on or as of August 14, 1992 and shall terminate on May 31, 1993. Grantee shall submit to the City invoices for the services and approved costs of this program. 3. Grantee understands and agrees that the assistance made available under this agreement is contingent upon the actual receipt of adequate Federal funds to meet the CITY's liabilities under this agreement. It is expressly understood that this agreement in no way obligates the General Fund or any other monies or credit of the City of Lubbock. 4. The Grantee agrees to provide the CITY with the year-end audit report for the Grantee's operations. The Grantee shall submit an audit report which is in compliance with the provisions of the Single Audit Act of 1984, and OMB Circular No. 128. The audit shall be prepared by an independent Certified Public Accountant and shall include as supplemental information statements of compliance and internal control with respect to Federal financial assistance provided to the Grantee by the CITY. The audit report shall be submitted no later than 150 days following the end of the Grantee's Fiscal year. 5. The Grantee agrees that the performance of work and services pursuant to the requirements of this agreement shall conform to high professional standards. The Grantee 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. 6. For purposes of determining venue and the law governing this agreement, activities performed under this agreement are performed in the City of Lubbock, Lubbock County, State of Texas. 7. It is expressly understood by Grantee that this assistance is made available as part of CITY's Community Development Block Grant Program, and as such, the activities undertaken must comply with all of the rules and regulations established by said program, including those assurances and conditions which are incorporated as Part II of this agreement and hereby adopted for all purposes. 2 Grantee agrees that the services provided by the Grantee under this agreement shall be devoted primarily to assist low and moderate income households. 8. The Grantee further agrees to make its books and records available to inspection by any representative of the CITY, the Department of Housing and Urban Development, and the CITY's independent auditors as the CITY may determine necessary at any mutually convenient time. Grantee also agrees to provide. CITY, the Department of Housing and Urban Development, and the CITY's independent auditors with such reports as the CITY may from time -to -time require as proof of Grantee's compliance with any or all terms and conditions of this agreement. 9. It is understood and hereby agreed that the Grantee shall not deny benefits to or discriminate against any person on the basis of race, color, religion, age, sex, national origin, or handicapped status in the performance of any activities funded under this agreement. 10. The CITY shall not be subject to any of the obligations or liabilities of the Grantee incurred in the performance of this agreement. The Grantee expressly agrees to indemnify and hold harmless the CITY for any and all liabilities and obligations incurred due to the negligence of the Grantee, its employees, officers, agents, subcontractors, or agencies, or the negligent acts or omissions, breaches of contract of the Grantee or its employees, officers, agents, subcontractors or agencies. 11. This contract may be terminated as a result of any one of the following happenings: a. If through any cause the Grantee shall fail to fulfill in a timely. manner its obligations under this agreement or if the Grantee violates any of the conditions of this agreement, then the CITY shall give written notice of such violation or failure to proceed in a timely manner to the Grantee. Within ten (10) days after such notice, the Grantee shall inform the CITY in writing of the corrective action taken. The Grantee shall exercise all due diligence to correct any and all violations. In the event the violations are not fully corrected within twenty (20) days from the date the Grantee first gave notice to the CITY ' of the actions taken, the CITY retains the right to terminate this agreement forthwith. b. This agreement shall at all times be subject to any corrective actions taken or directives issued by the Department of Housing and Urban Development in relation to the CITY's Community Development Block Grant 3 Program. The Grantee shall comply with any and all such communications received by CITY from the Department of Housing and Urban Development, including termination of this agreement, as if such communication were made a part hereof. C. This agreement may be terminated by Grantee upon sixty (60) days prior written notice to the CITY. 12. No member of or delegate to the Congress of the United States and no Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise herefrom. 13. The Grantee shall not assign, sell or transfer any interest in this contract without the prior written consent of the City thereof. 14. This agreement contains the entire agreement of the parties. 15. None of the services covered by this agreement shall be subcontracted without the prior written consent of the City. IN WITNESS WHEREOF, the City of the first day above written. ATTEST. Ran tte Boyd, City Sec tary APPROVED AS TO CONTENT: ✓ JCA/X-U_� J ti _ 1 Sandy Ogleti e Community Development Administrator APPROVED AS TO FORM: Linda Chamales Assistant City Attorney Grantee have executed this agreement as Y F LUjBK 81AVID R. Lftf,8TON, M Lubbock Regional Mental Health and Mental Retardation Center Gene Menefee Executive Director ATTEST: Se�y 4 EXHIBIT A Lubbock Regional MHMR 1210 Texas Avenue Lubbock Texas 79401 Youth Outreach Proposal Budget -Youth Outreach Opportunities PERSONNEL Position Quantity Monthly Salary Number of Months Total Caseworker II 2 1784 9 32112 FRINGE-25 % 8028 TRAVEL AND TRAINING 3364 SAMSE Milage (350 miles x 2 caseworkers x 9 months x $.28)=$1260 Trip to Austin to attend TCADA Insitute (2 Staff x $800)=$1600 SUPPLIES 900 General office supplies, pamphlets and brochures TOTAL REQUEST 44404