Loading...
HomeMy WebLinkAboutResolution - 4120 - Agreement - Early Learning Centers Of Lubbock Inc - Erskine ELC Expansion - 04_08_1993Resolution No. 4120 April 8, 1993 Item #27 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of directed to execute for Early Learning Centers Development Block Grant Learning Center. Said Resolution as if fully of the Council. the City of Lubbock BE and is hereby authorized and and on behalf of the City of Lubbock an Agreement with of Lubbock, Inc. to provide funding from Community funds for a 1700 square foot addition to the Erskine Agreement is attached hereto and incorporated in this set forth herein and shall be included in the minutes Passed by the City Council this ATTEST: Betty M. Jofinso-,' y Secretary APPROVED AS TO CONTENT: San y Og et e, Coy unity Development Administra Linda L. C ama es, Assistant City Attorney LLC:js/K-CDGRNT.RES D2-Agenda/March 30, 1993 Resolution No. 4120 April 8, 1993 Item #27 AGREEMENT BETWEEN CITY OF LUBBOCK AND EARLY LEARNING CENTERS OF LUBBOCK, INC. THIS AGREEMENT, entered this 8th day of April , 19 93 by and between the CITY OF LUBBOCK (herein called "City") and EARLY LEARNING CENTERS OF LUBBOCK, INC. (herein called "Grantee"). WHEREAS, the City is obligated to perform certain services under its Community Development Plan pursuant to the Housing and Development Act of 1974, as amended; and WHEREAS, the Grantee is a nonprofit corporation and a neighborhood based organization operating within the boundaries of the Community Development Block Grant Target Area and offer- ing a program of services to meet the basic needs of the residents of the area; 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 the provision of day care services for low income children by Grantee to be a public purpose; and WHEREAS, the Grantee and the services it provides have been found to meet the criteria for funding under provision 570-201(c) of the Community Development Regulation for Public Facilities and Improvements; and WHEREAS, the accomplishment of the above public purpose is the predominant purpose of this transaction; continuing super- vision by the City together with statutory and contractual requirements provide sufficient assurance that the public pur- pose will be accomplished; the City Council has found that the Grantee has the special expertise, knowledge and experience necessary in provision of day care services 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 assistance for the facility expansion; NOW THEREFORE, it is agreed between the parties hereto that: I. SCOPE OF SERVICE A. City Responsibilities: 1. City agrees to provide Grantee assistance from Department of Housing and Urban Development funds in an amount not to exceed $110,000.00 in return for Grantee performing the activities set forth in this Agreement as consideration for said funds. 2. City's financial assistance will be limited to the following: a. The addition of approximately 1700 square feet which includes two classrooms, one bathroom, and an office area, as well as costs incurred for securing competitive bids and services for monitoring the progress of the project; and b. The architectural fees incurred for the de- sign and construction of the expansion; and C. The miscellaneous fixtures associated with day care licensing such as security system, lighting, and fire alarms; and d. The expenses associated with the relocation of the toddler playground and landscaping; and e. Except for the items listed in parts a, b, c and d above, these funds shall not be used to purchase additional equipment, fix- tures, furnishings, or other personalty which is not an integral part of the struc- ture. 3. City will provide the following services: a. Provide Grantee with a copy of the current U. S. Department of Labor's Wage Determina- tion for inclusion in the bid and contract documents for the construction process; b. Review bid selection process prior to con- tract award for construction work; C. Obtain a contractor's clearance from the Department of Housing and Urban Develop- ment; AGREEMENT/EARLY LEARNING CENTERS PAGE -- 2 -- d. Conduct a pre -construction conference with the contractor to review the Davis -Bacon Act, the Contract Work Hours, and Safety Standards Act, and other applicable fed- eral, state and local labor requirements; e. Monitor contractor's compliance with all labor standards provisions applicable to the Community Development Block Grant Pro- gram during construction period and certify on each periodic payment request that all labor standards provisions have been satis- fied. B. Grantee's Responsibilities: 1. Grantee agrees to use the funds made available through this Agreement solely for the purpose of expanding the facility located at the Erskine Learning Center, 2714 Erskine Avenue, Lubbock, Texas; 2. Grantee agrees to submit all documents relating to its ownership or right to occupy the above described structure for approval by the City within ten (10) days after the date of execution of this Agreement; 3. As soon as practical after execution of this Agreement, Grantee agrees to consult with an Architect or other individual qualified to de- velop general construction criteria prior to development of any plans or drawings. The con- struction drawings or specifications and all related documents shall be submitted to the City for approval prior to formal bidding of the pro- ject; 4. Grantee agrees to solicit for construction work through the competitive bid process which shall include formal advertisement, acceptance of sealed bids, the public opening of those bids, and awarding the construction contract to the lowest responsible bidder if said bidder is eli- gible for clearance from the Department of Housing and Urban Development; 5. Grantee agrees that none of the services covered by this Agreement will be subcontracted without the prior written consent of the City; AGREEMENT/EARLY LEARNING CENTERS PAGE -- 3 -- 6. Upon completion of this project, if the entire funded amount is not used, Grantee agrees to refund any unused portion to City within thirty (30) days; 7. Grantee agrees to return to the City any program income received or accounts receivable which are attributable to the use of Community Development Block Grant funds; 8. Grantee agrees that any real property under its control that was acquired or improved in whole or in part with Community Development Block Grant (CDBG) funds in excess of $25,000.00 will be either: a. Used to meet one of the national objectives in 24 CFR 570.901 until five years after the expiration of this Agreement; or b. Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after five years after the expiration of this Agreement. 9. Grantee agrees that any equipment provided under this Agreement will be used primarily by low and moderate income individuals. II. TIME OF PERFORMANCE This Agreement shall commence April 8, 1993, and shall terminate April 8, 1994. III. PAYMENT City will pay up to $110,000.00 to Grantee based upon the receipt of request for funds and project expense summary for bidding, contracting and construction costs incurred for the above described project. Grantee will make payments in a timely manner to the Contractor as provided in the contracts between Grantee and Contractor. Grantee's payments to the Con- tractor will be made upon Grantee's receipt of acceptable certificates of payment previously approved by the project man- ager or Architect employed for this purpose. AGREEMENT/EARLY LEARNING CENTERS PAGE -- 4 -- IV. NOTICES Communication and details concerning this Agreement shall be directed to the following contract representatives: (City of Lubbock) (Early Learning Centers of Lubbock, Inc.) V. SPECIAL CONDITIONS Grantee agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. Grantee further agrees to uti- lize funds available under this Agreement to supplement rather than supplant funds otherwise available. VI. GENERAL CONDITIONS A. General Compliance Grantee agrees to comply with all applicable federal state and local laws and regulations governing the funds provided under this Agreement which were made available under City's Community Development Block Grant program. B. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or estab- lishing the relationship of employer/employee between the parties. Grantee shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker's Compensation Insur- ance as the Grantee is an independent Grantee. C. Hold Harmless Grantee shall hold harmless, defend and indemnify City from any and all claims, actions, suits, charges and judgments whatsoever that arise out of Grantee's perfor- mance or nonperformance of the services or subject matter called for in this Agreement. AGREEMENT/EARLY LEARNING CENTERS PAGE -- 5 -- D. Worker's Compensation Grantee shall provide Worker's Compensation Insurance coverage for all employees involved in the performance of this Agreement. E. Insurance and Bonding Grantee shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall pur- chase a blanket fidelity bond covering all employees in an amount equal to cash advances from City. F. City Recognition Grantee shall insure recognition of the role of City's Community Development Block Grant program in pro- viding funding through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Grantee will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments City or Grantee may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations and approved by the City Council if required by law. Such amendments shall not invalidate this Agreement, nor re- lieve or release City of Grantee from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with federal, state or local governmental guide- lines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or the activities to be undertaken as part of this Agreement, such modifica- tions will be incorporated only by written amendment signed by both City and Grantee. H. suspension or Termination Either party may terminate this Agreement at any time by giving written notice to the other party of such termi- nation and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. Partial terminations of the Scope of Service AGREEMENT/EARLY LEARNING CENTERS PAGE -- 6 -- in Paragraph I.B above may only be undertaken with the prior approval of City. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, re- ports, or other materials prepared by Grantee under this Agreement shall at the option of City, become the property of City, and Grantee shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. City may also suspend or terminate this Agreement, in whole or in part, if Grantee materially fails to comply with any term of this Agreement, or with any of the rules, regulations, or provisions referred to herein; and the City may declare the Grantee ineligible for any further participation in City contracts, in addition to other remedies as provided by law. In the event there is proba- ble cause to believe Grantee is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen percent (15%) of said contract funds until such time as Grantee is found to be in compliance by City or is otherwise adjudicated to be in compliance. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accountina Standards Grantee agrees to comply with Attachment F of OMB Circular A-110 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles Grantee shall administer its program in confor- mance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable, for all costs incurred whether charged on a direct or indi- rect basis. AGREEMENT/EARLY LEARNING CENTERS PAGE -- 7 -- B. Documentation and Record -Keeping 1. Records to be Maintained_ Grantee shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506, and that are pertinent to the activities to be funded under this Agreement. 2. Retention Grantee shall retain all records pertinent to expenditures incurred under this Agreement for a period of three (3) years after the termination of all activities funded under this Agreement, or after the resolution of all Federal audit findings, whichever occurs later. 3. Client Data Grantee shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to City mon- itors or their designees for review upon request. 4. Audits and Inspections All Grantee records with respect to any matters covered by this Agreement shall be made available to City, their designees or the Federal Government, at any time during normal business hours, as often as City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by Grantee within thirty (30) days after receipt by the Grantee. Failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. AGREEMENWEARLT LEARNING CENTERS PAGE -- 8 -- VIII. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance Grantee agrees to comply and to require all sub- contractors to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246 as amended by Executive Orders 11375 and 12086. 2. Land Covenants This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 and 24 CFR 570, Part I. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, Grantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination in the sale, lease, or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the City and the United States are beneficiaries of and entitled to enforce such covenants. Grantee also agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. B. Employment Restrictions 1. Labor Standards Grantee agrees to comply and require all subcon- tractors to comply with the requirements of the Secretary of Labor is accordance with the Davis -Bacon Act as amended the provisions of Contract Work Hours, the Safety Standards Act, the Copeland "Anti - Kickback" Act and all other applicable federal, state ad local laws pertaining to labor standards insofar those act apply to the performance of this Agreement. Grantee will maintain documentation which demon- strates compliance with hour and wage requirements of this part; this documentation shall be made available to the City for review upon request. AGREEMENT/EARLY LEARNING CENTERS PAGE -- 9 -- Grantee agrees that all contractors engaged under contracts in excess of $2,000.00 for construc- tion, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with federal re- quirements adopted by the City pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor,under 29 CFR, Parts 3, 1, 5 and 7 governing the payment of wages and ratios of apprentices and trainees to journeymen; provided, that if wage rates higher than those re- quired under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Grantee of its obligation, if any to require payment of the higher wage. Grantee shall cause or require to be inserted in full, in all such contracts subject to such regulation, provisions meeting the require- ments of this paragraph for contracts in excess of $10,000.00. 2. "Section 3" Clause Grantee agrees to comply with the provisions of Section 3 and to include the following clause in all subcontract executed under this Agreement: "The work to be performed under this Contract is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Section 3 requires that to the greatest extent feasible opportuni- ties for training and employment be given to lower income residents of the project area and contracts for work in connection with the pro- ject be awarded to business concerns which are located in or owned in substantial part by per- sons residing in the areas of the project." C. Conduct 1. Prohibited Activity Grantee is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. AGREEMENT/EARLY LEARNING CENTERS PAGE -- 10 -- 2. Conflict of Interest Grantee and City agree to abide by the provi- sions of 24 CFR 570.611 with respect to conflicts of interest, and Grantee covenants that it presently has no financial interest, direct or indirect, which would conflict in any manner or degree with the per- formance of the services required under this Contract and that no person having such an interest will be employed as or by the subcontractor carrying out this Agreement. IN WITNESS WHEREOF, the Parties have executed this Cont ct was —at —the date first written above. CI F UB K EARLY LEARNING CENTERS OF LUBBOCK, INC. DAVID R. STON, OR ATTEST: &'_' )A C�'k' Betty . John on City Secretary APPROVED AS TO CONTENT: Sandy O etr , Community Development Administrator APPROVED AS TO FORM: Linda Chamales, Assistant City Attorney LLC:js/K-CDGRNT.DOC D6-Conts,Agmts/March 30, 1993 AGREEMENT/EARLY LEARNING CENTERS PAGE -- 11 --