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HomeMy WebLinkAboutResolution - 4204 - Funding Agreement - UMC, CMC Inc - Chapman Hospital Restoration - 08_22_1993Resolution No. 4204 July 22, 1993 Item # 13 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 tripartite agreement between the City of Lubbock, University Medical Center and Chatman Memorial Center, Inc. which incorporates the May 1993 Community Development Funding Agreement between the City and Chapman and provides for the oversight and administration of the restoration of Chapman Hospital. Said Agreement 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 22nd day of July , 1993. ATTEST: 1-4cr-t,- aclx�L etty 1 -Johnifin, City Secretary APPROVED AS TO CONTENT: Sandy Og ree, using & ommunity Developme Administrator APPROVED AS TO FORM: Linda L. Chamales, Assistant City Attorney LLC:da/AGENDA-D1/A-UHC.rea July 15, 1993 DAVID R. LANGSTON—, MAYOR Randy Neugebauer, Mayor Pro Tem PROJECT MANAGEMENT AGREEMENT This Agreement is between LUBBOCK COUNTY HOSPITAL DISTRICT, d/b/a UNIVERSITY MEDICAL CENTER ("Hospital"), CHATMAN MEMORIAL CENTER, INC. ("Chatman"), and the CITY OF LUBBOCK ("City"). Chatman is the owner of the property described on Exhibit A attached hereto and incorporated herein as if set forth verbatim. The term "property" used in this Agreement refers to the property described on Exhibit A and all improvements on it. Hospital desires to use the property for the purposes of its Hospital system as provided in the Act creating the Hospital District. Hospital has the necessary experience and resources to execute and administer contracts for construction work. City, as a public service, desires to assist in the restora- tion of the Chatman Hospital. City and Chatman have previously entered into an Agreement dated May 27, 1993 entitled "Community Development Funding Agreement Between the City of Lubbock and the Chatman Memorial Center, Inc." ("City-Chatman Agreement"). The City-Chatman Agreement is attached to this Agreement as Exhibit B and is incorporated herein as if set forth verbatim. Therefore, the Parties agree as follows: Project Management Agreement 07/15/93 1 I. Term and General Conditions 1.1 This Agreement shall commence on August 1, 1993 and end upon completion of all construction work unless terminated earlier in accordance with this Agreement. 1.2 The scope of construction to be carried out under this Agreement is: The work for the improvements according to plans and specifications prepared by McLarty Baker & Associates, Architects, upon the property described on Exhibit A attached hereto and incorporated herein as if copied verbatim. In this Agreement, these activities and items shall be referred to as "the Project" which includes all labor, materials, equipment, and services provided to fulfill construction obliga- tions. The term "property" includes the real estate and all improvements on it described on Exhibit A. 1.3 The Parties understand and agree that limited finances are available to carry out the Project. The Parties agree to cooperate in the proper financial management of the Project to meet the purpose of this Agreement. 1.4 "Project costs" as used in this agreement and all exhibits hereto shall mean, for the purpose of determining the share of the total cost to be paid by each party: construction cost, architectural cost, and landscaping. However, it is agreed and understood by all parties hereto that architectural costs are an ineligible cost for reimbursement by CDBG funds and will not be paid by the City. To the extent that Project Management Agreement 2 07/15/93 Hospital and Chatman pay the architectural fees, they shall be given a credit as to their portion of the total project cost. It is agreed that City has paid $10,000.00 toward preliminary architectural costs which were eligible for reimbursement and shall receive project credit for such sum expended in computing its share of the total project cost. The estimated project cost is: Construction costs $558,319.00 Architectural fees 33,499.14 (6% of Construction costs) Landscaping 15,000.00 Total $606,818,14 The Parties understand this project cost is an estimate only and contingencies may arise which could increase the project cost. 1.5 The maximum funding to be contributed by each Party is: Chatman Memorial Center, Inc. $216,000 City of Lubbock 250,000 Hospital 250,000 Total $716,000 1.6 For the project cost up to $650,000, each Party will pay one-third of the total project cost. For the project cost above $650, 000 up to $716, 000, City and Hospital will pay one-half of the total project cost. Only "eligible costs" will be charged against the City's funding contribution; construction costs and landscap- ing are eligible costs; architectural fees are not eligible costs. Project Management Agreement 3 07/15/93 II. Hospital's Obligations 2.1 Hospital shall furnish business administration and management services to carry out the Project described in Paragraph 1.2. 2.2 Chatman, with Hospital's and City's assistance, will select a general contractor and others as necessary for the proper performance of the Project. When appropriate, a competitive _ bidding process shall be used. At Chatman's request, Hospital may enter into and administer contracts as necessary for the proper performance of the Project. All contracts must conform to the requirements of the City-Chatman Agreement. 2.3 Hospital shall observe the Project at intervals appropri- ate to the stage of construction. Hospital shall determine in general if the Project is being performed in accordance with any contract. Hospital will not be required to make exhaustive or continuous on -site inspections to check quality or quantity of construction or landscaping. 2.4 Hospital will coordinate weekly meetings of the Parties with the Architect and Contractor. 2.5 Chatman or, at Chatman's request, Hospital may order changes in the Project consisting of additions, deletions, or modifications and may approve changes to the cost and contract time. Any increase in costs authorized by Hospital will not exceed 5% of the base bid. All Parties must approve any change order requiring an increase in cost exceeding 5% of the base bid. Project Management Agreement 4 07/15/'93 2.6 Hospital shall keep accounts and exercise such controls as may be necessary for proper financial management of all Project. Hospital will provide all Parties with regular summaries of project costs and expenditures. All Parties shall have access to records pertaining to the Project. In accordance with the City-Chatman Agreement, certain federal and state agencies shall have access to records pertaining to the Project. 2.7 Payment of project costs shall be carried out as follows: a. The Architect shall issue to Hospital a Certificate of Payment representing that the Contractor or Supplier is entitled to payment in the amount certified. b. The amount payable by Hospital and Chatman shall be paid by Hospital to the Contractor or Supplier from an interest bearing account consisting of Hospi- tal's and Chatman's funding contributions. Funds from the account shall be used only for the Pro- ject. At the end of the Project, any funds remain- ing in the account shall be reimbursed to Hospital and Chatman in the same proportions as their con- tributions. C. The eligible costs (See Paragraph 1.6) payable by City shall be paid by City to the Contractor or Supplier upon receipt of invoice from Hospital. Project Management Agreement 07/15/93 5 2.8 Hospital shall not guarantee nor be responsible for the construction and shall not be responsible for the failure of any Contractor to carry out the Project in accordance with contract documents. III. Chatman's Obligations 3.1 As consideration for Hospital's services, Chatman shall enter into a lease agreement for property with Hospital. The lease space shall be the entire building which is the subject of this Agreement. The Lease Agreement between Chatman and Hospital is attached as Exhibit "C" and is incorporated herein for all purposes as if set forth verbatim. IV. City's Obligations 4.1 City's obligations are set forth in the City-Chatman Agreement, attached to this Agreement as Exhibit B. The City- Chatman Agreement is incorporated herein by reference for all purposes as if set forth verbatim. 4.2 Any contract or sub -contract entered into pursuant to this Agreement must comply with the federal regulations as referenced in the City-Chatman Agreement. V. Termination 5.1 Any Party shall be excused from performance and may terminate this Agreement if another Party; (1) fails to provide required funds to complete the Agreement; (2) wrongfully interferes with the performance of this Agreement or with any contracts or agreements executed pursuant to this Agreement; or (3) Chatman Project Management Agreement 6 07/15/93 fails to enter into or perform according to its terms a lease with Hospital covering the property. In that event, upon ten days' written notice to all Parties, the non -breaching Party may terminate this Agreement if the breaching Party has been given opportunity to cure the breach and has failed to do so. If terminated, all non -expended funds advanced by the Parties shall be refunded. VI. Miscellaneous 6.1 This Agreement is the entire contract between the Parties and no modification, changes or amendment shall be binding upon any Party unless in writing and duly signed by representatives of all Parties. 6.2 If any term or provision of this Agreement is invalid or unenforceable, the remainder of this Agreement shall not be affected. 6.3 Any notice given by either Party to the other must be in writing and served by depositing the same in the United States mail, postage prepaid, certified mail return receipt requested, addressed to the Party to be notified at the address given below, or by delivering the same in person. 6.4 The terms of this Agreement shall bind, extend, and inure to the benefit of all Parties and their respective administrators, agents, employees, contractors, invitees, successors, and assigns. 6.5 This Agreement and all the rights of the Parties shall be interpreted, construed, and enforced in accordance with the laws of Project Management Agreement 7 07/15/93 the State of Texas. This Agreement is performable in Lubbock, Lubbock County, Texas where venue shall lie for all purposes. EXECUTED this a(06- day of , 1993. LUBBOCK COUNTY HOSPITAL DISTRICT d/b/a UNI ER ITY MEDICAL CENTER By: JAM P. COURT Ch'e Executive cer and n Address: 602 Indiana Ave. Lubbock, Texas 79417 CITY OF LUBBOCK DAVID R. GSTON, MAYOR P. O. Box 2000 Lubbock, Texas 79457 ATTEST: &K�la Betty M. Johnson City Secretary APPROVED AS TO CONTENT: CHATMAN MEMORIAL ENTER, INC. C By:� iERIOLD C TM -AN President Address: 2316 Date Lubbock, Texas 79404 Sandy Og tre6, Housing & Communit Development Administrator Project Management Agreement 8 07/15/93 APPROVED AS TO FORM: Linda Chamales, Assistant City Attorney EXHIBIT "A" PARCEL I: Lots One (1) through Three (3), Block Twenty -One (21), SCHARIIAUER Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat, and/or Dedication Deed thereof, recorded in Voluine 153, Page 32, Deed Records, Lubbock County, Texas. PARCEL II: A tract of land North of and adjoining Lot 1, Block 21, SCHAR2AUER Addition to the City of Lubbock, Lubbock County, Texas, being described by metes and bounds as follows: BEGINNING at the Northwest corner of Lot 1, Block 21, WHEELOCK'S SECOND ADDITION to the City of Lubbock, Lubbock County, Texas; THENCE Ease along the North line of said lot and/or along the South line of East 23rd Street a distance of 140 feet to the Northeast corner of said lot; THENCE North a distance of 12.5 feet; THENCE West parallel to and 12.5 feet north of the North line of said Lot 1, and/or the South line of said East 23rd Street a distance of 127.5 feet to a point of curvature for a 12.5 feet radius curve; THENCE along said 12.5 feet radius curve to the left an arc distance of 19.635 feet to a point of tangency, the same being the POINT OF URCINNINC for this tract. PARCEL III: Lot Four (4), Block Twenty -One (21), SCHARBAUER Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, flat, and/or Dedication Deed thereof, recorded in Volume 153, Page 32, Deed Records, Lubbock County, Texas. PARCEL IV: Lots Five (5) through (7), Block Twenty -One (21), SCHARBAU1R Addition to the City of Lubbock, Lubbock County, • Texas, according to the Map, Plat, and/or Dedication Deed thereof, recorded in Volume 153, Page 32, Deed Records, Lubbock County, Texas. PARCEL V: Lot light (0), Block Twenty -One (21), SCHAAIIAUER Addition -to the City at Lubbock, Lubbock County, Tax&a, recording to the-"--:' Man, flat, and/or Dedication Deed ctiereof, recorded in Volume 153, Page 32, Deed Records, Lubbock County, Texan. PARCEL VI: Lot Thirteen (13), Block Twenty -One (21), SCHARBAUER Addition to the City of Lubbock, Lubbock County, 'texas, according to the Map, Plat, and/or Dedication Deed thereof, recorded in Volume 153, Page 32, Deed Records, Lubbock County, Teyas. Together with all improvements on the above described land both now existing and hereafter made on the above described land. The term "property" shall include both the land and all improvements now existing or hereafter made on it. EXHIBIT "A" G 806 J6-2816 07.'02/93 09:51 g806 7628816 FREEDOM SQUARE JUN 1 193 17:10 CITY OF LUBBOCK, TX 806-762-3623 Resolution No. 4158 P.iii2 May 27, 1993 Item i28 J fIESOLUTI 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 Agreement with Chatman Memorial Center, Inc. to provide funding from Comunity Development Block Grant funds for restoration of the Chatman Hospital. Said is Agreement attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the-a#oateg of the Council. Passed by the City Council this 27th day pf _�I'�y / 1993. r/p1�, i Y 6 we., EST: .'Johnson, City Secretary D AS TO CONTENT: ..... f v.;.VY•ov, p,....w...... a w.v...,....�..� Administrator APPROVED AS TO FORM: / Linda L. Chai&_Ies. s s an y Attorney W-AgendmeAU7 17. lsl, Post -it" brand fax transmittal memo 7671 «or pages ► /5 Fax 0 J / /.'� //n Fax 0 -v i7 19 001 EXHIBIT "L" ua:az lu sub 16Z66 t o FRE-LDOM SQUARE, .7UN 21 17 11 CITY OF LUBBOCK, TX e%-762-3E 3 Resolution No. 415e.2i12 7 May 27, 1993 Item /?8 IA 002 iCOMMUNITY DEVELOPMENT FUNDING AGREEMENT' BETWEEN THE CITY OF LUDBOCX AND THE CHATHM MEMORIAL CENTER, XWC. STATE OF TEXAS $ COUNTY! OF LUBBOCK $ Agreement entered into this th day of se , by and between the CITY OY LII98(here n OCK called id C®1TKKV XMKM7.AL C`ZWZRf INC., a non-profit on, a non profit center (herein called'"Granteew). 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 corporation and a neighborhood -based organization operating within the boundaries of thejCoianunity Development Block Grant Target Area and offerinq a program of services to meet the basic needs of the residenta of the area; and WHEREAS, the services provided by the Grantee benefit resideits of the area and constitute a valuable public service; and WHEREAS, the City Council of the City of Lubbock has declared the services provided by the Grantee to be a public purpose; and WRBRAAB, the Grantee and the services it provides have been found to meet the criteria for funding under provision 570-202 (d) of I the Community Development Regulation for I31atoric presergation; and jRMEAs, the accomplishment of the above public purpose is the predominate purpose or 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 non profit corporation and that the City will receive adequate consideration in the fora of substantial public benefit; and WHMEAS, the City desires to contract with the Orantee to make available assistance for the restoration of the Chatman Hospital, located at 2301 Cedar, Lubbock, Tipg4q, u r i.uu :33 uy ::1•1 "U"wu i 0_00 i u PK -1,EDO11 SQUAW.. 10003 P•3/12 JUN 21 '93 17:11 i CITY OF LUBBOCK# TX 906-76Z-3623 I NOW, THEREFORE, it is agreed between the parties hereto that: i I. 8001PH Q! EER9xCZ A. City Responsibilities: 1. City agrees to provide Grantee assistance from i Department of Housing and Urban Development funds in an amount not to exceed $250,000.00 in return for Grantee performing the activities set forth in this Agreement as consideration for said funds.* 4 2. City'a financial assistance will be limited to the following: a. The assistance) made available through this Agreement shall be used by the Grantee for the purpos@E: of the Chatman Hospital Restoration, a historic landmark] and b. 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 requirez nts an established by the Department of Housing and Urban Development. 3. City will provide the following services% a. Provide Grantee with a copy of the current U. S_ Departm*nt of Tabor's Walge Deternination for inclusion in the bid and contract documents for the construction proeessj b. Review bid selection process prior to contract award for construction work;' e9 obtain a contractor's clearance froze the Department of Housing and Urban Development; d. Conduct a preconstruction conference with the contractor to review the Davis -Bacon Act, the Contract Work Hours, and Safety Standards Act, and other applicable federal, state and local labor requirements; CAATM" IR VMIRL CXMTER nTWING AMWCE T - MM 2 ur/oz/93 09:54 Y]8U6 7628816 FRET"W ! SOIJARE JUN 21 '98 17:12 CITY OF LUBBOCK. TX ebb=sac-max a. Monitor contractor*s compliance with all labor standards provisions applicable to the Community Development slook Grant program during construction period and certify on each periodic payment request that all labor standards provisions have been satisfied. a. Granteeps_ Re>aucnsib lit�ed 1. Grantee agrees to use the funds made available through this Agreement solely for the purpose of restoring chatmen Hospital located at 23O1 Cedar, 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 ton (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 develop general construction criteria prior to development of any plans or drawings. The construction drawings or specifications and all related documents shall be submitted to the City for approval prior to formal bidding of the project; 4. Grantees 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 eligible for clearance from the Department of Housing and Urban Development; S. Grantee agrees that none of the services covered by this Agreement will be subcontracted without the prior written consent of the Cityl 6. t7pon completion of this project, if the entire tu.nded amount is not used, Grantee agrees to refund any unused portion to City within thirty (30) dayas 7. Grantee agrees to return to the City any program income received or accounts reoeivable which are attributable to the use of community Development Block Grant fundsf cwaxM emoafu CMEN AWZWe AdRr.Exxr - oA09 3 19 005 07XOY/y3 09:55 42806 7 6",S816 FREEDOM SQU"MI., 10006 0 JUN 21 '93 17s13 CITY OF LUBDOO<, TX 005-762-3623 P•6/12 IV. AMTCUS Communication. and details concerning this Agreement shall be directed to the following contract representatives; (Sandy Ogletree, City of Lubbock P. O. Box 2000 Lubbock, TX 79457) V, RIPRCIAL COVQ3:TZCW8 (Harold Chatman, Chatman Memorial Center, Inc. 2316 Date Lubbock, TX 79404 ) 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 utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. Granter 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 City0e Community Development Block Grant program. B. Indepenannt ContraCtor Nothing contained in this Agreement is intended to, or shall be construed in any manner, an creating or establishing the relationship of employer/ employee between the parties. Grantee shall at all timers 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 Insurance as the Grantee is an independent Grantee. C. Hold ffarMless Grantee shall hold harmless, defend and indemnify city from any and all claims, actions, suite, charges and judgments whatsoever that arise out of Granfiee•a performance or nonperformance of the services or subject matter called for in this Agreement. vLao Uy;;") joU0 a U. ),) 1 U PkELIUUM Jl1l Al1L lODU4 JUN ?-I ,93 17:13 CITY OF LUBBOCK, TX 806-762-3623 P.5i12 0. Grantee agrees that any read property under its. control that was acquired or improved in whole or in part with Community Development Block Grant (CDaa) funds in excess of $25,000.00 will be either: a. Used to meet one of the national objectives in 24 CPR 570.901 until five years after th0 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-CDHG funds for acquisition of, or improvement, 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. This Agreement shall commence June 1, 1993, and shall terminate may 31, 2994. ! -T le City will pay to Grantee 33% of the total project cost up to a maximum of $250,000 upon receipt of request for funds and project expense summary for the bidding, contracting and construction coats incurred for the above described project. Grantee will sake payments in a timely manner to the Contractor which represents 33% of each project request as provided in the; contracts between Grantee and Contractor. (city has the option to make payments directly to the Contractor). Grantee's payments to the 'Contractor will be made upon Grantee's receipt of acceptable certificates of payment previously approved by the project manager or Architect employed for this purpose.. Change orders associated with the construction contract which increase the contractor's construction bid cost by more than St over the bass bid will require the approval of the City. All ahangs orders which are approved in conjunction with the construction of the project shall be provided tq the City. JLN 21 193 17:14 CITY OF LUBBOCK, TX 806-762-3623 P.7i12 1A 007 Grantee shall provide Worker"s Compensation Insurance coverage for all employees involved in the performance of this Agreement. E. Insuranco and Sonding Grantee shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and an a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from City. P. CityRecoanitio Grantee shall insure recognition of the role of city -re. Community Development Block Grant program in providing funding through this Agree"nt. All activities, facilities and items utilized parsuant 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. Auendments 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 Counoil if required by law. Such amendments shall not invalidate this Agreement, nor relieve or release City or Grantee from its: obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, 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 Agr4mment, such modifications will be incorporated only by written amendment signed by both City and Grantee. ff. Guaggnsion or MCZ3ainatien Either party may terminate this Agreement at any time by giving vritten notice to the other party of such termination and specifying the effective date thereof at CHATMAM MBMIAL MUM FLWIM! A4RWCXT - PA4t 6 I 07/02/93 Uy:ab 'Otsuo ltiGiiblb FREEDOM SQUARE' U 008 least thirty 0 0) days before the effective date of such termination. Partial terminations of the Scope of Service in paragraph 1.9 above may only be undertaken with the prior approval of City. In the event of any termination for convenience, all finished or finished documents, data, studies, surveys, maps, models, photographs, reports, 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 comploted 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 probable cause to believe Grantee is in noncompliance with any applicable rules or regulations, city may withhold up to fifteen percent (15S) 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. A. Financial JIMU gMent 1. Ago=nr ing StandaiZdj Grantee agrees to comply with Attachment F of ORB Circular A--110 and agrees to adhere to the accounting principles and prooedures required therein, utilize adequate internal controls, and siaintain necessary source documentation for all costs incurred. Grantee shall administer its program in conformance with OND Circulars A-122, "Cost Principles for Non -Profit Organizations," or A-21, "Cost Principles for Educational Institutions,n as applicable, for all costs incurred Whether charged on direct or indirect basis. d1ATULtl MEMMIAI MKIE1 MODINO AWnew - PA" T ZTB'd EZ96-Z9L-90B Xl 'xDoE n-i -jo .11I7 SX:LT Eb. TZ 1ty 07/02L93 09:57 L 806 76288 t6 f,REEU0,5i SOILMU: 10009 I 13. VIIr. A. 2Ti6'd Grantee shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506, and that are pertinant- to the activities to be funded under this Agreement. 2. Retention Grantee shell retain all records pertinent to expenditures incurred under this Agreement for a period of three (2) years after the termination of all activities funded under this Agreement, or after the resolution of all Pederal Audit findings, whichever occurs later. �x 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 monitors or their designees for review upon request. 4. audits and Znspagtpns All Grantee records with respect to and► 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 (90) "ys after receipt by the Grantee. Failure to comply with the above audit requirQmentx will constitute a violation of this Agreement and may result in the withholding of future payments. Civil Righter . f.: Grantee agrees to Comply and to require all subcontractors to comply with Title VI of the Civil CIUITM M IWMIAL CENTER RMI*O J4REEPIEW - P#Ar a E29E-292--908 Xl 1i006a 11 -10 k.LJO STILT Eb, TZ Wnf 07/02/93 09:58 L 806 7628816 (-RGBllOM SQUAM; 10010 Rights Act of 1964 as amended, Title V122 of the Civil rights Act of 1969 as amended, Section 109 of Title x of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1900, tho Aga Disorimination Act of 1975, Executive Order 11063, and with Executive order 11246 as amended by Executive orders 11375 and 12086. This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 and 24 CVR 670, 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 measure as are necessary to enforce such covenant and will not itself so discriminate. Grantee agrees to comply and require all subcontractors to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended the provisions of Contract work Rours, the Safety Standards Act, the Copeland "Anti -Kickback" Act and all other applicable federal, state and local laws pertaining to labor standards insofar as those act% apply to the performance of this Agreement. Grantees will maintain documentation which demonstrates compliance with hour and wage requirements of this parts this documentation shall be wade available to the City for review upon request. Grantee agrees that all contractor engaged under contracts in excess or $2,000.00 ror construction, renovation or repair of any building or work financed in whole or in part which assistance provided under this Agreement shall comply with federal requirements adopted by the City pertalning to such contracts and with the applicable rnquiramenta of the regulations of CKhTMMe lel MIA1 C"T&A FRlWI%a ACAEEW-*r - pa" 9 ZTi0►-d EOX-29G-990 K.L '>OOMYn _�0 ALID 9T:2-T E5. TZ hrU 07lO2/,93 09:a9 ZY806 7628816 FREIDOM SQt;, 1Hfi 4011 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 required under the requlations 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 insured in full, in all such contracts subject to such regulation, provisions meeting the requirements of this paragraph for contracts in excess of $10,000.00. a. * ection 3" Clause Grantee agrees to comply with the provisions of Section 3 and to include the following clause in all subcontract executed under this Agreements "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 opportunities for training and employment be given to lower income residents of the projeot area and contracts for work in connection with the project be awarded to business concerns which ar located in or owned in substantial part by persona residing in the areas of the project." M Grantee is prohibited from using funds provided herein or personnel employed in the adniniatration of the program for political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 2. Conflict of Tntereat Grantee and city agree to abide by the provisions 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 performance of the servieas required under this Contrast and that no person having such an interest will be employed as or by the subcontractor carrying out this Agreement. CXATWW INEPW1AL CMER iiW1*O AGREEl"T - PAGE 10 21,11j'd E29E-29L-909 >eL '>iDaian-i -jp llI:) 91:1i E6. 12 "r1r UliVLi yd U J : o:f 'U .: lbLSSlb ll(LLUUid SI1U:11<1: 10012 IN WITNESS WHEREOF, the Parties have executed this contract of the dat rat written above. of B C"ATMAN OR ;�-70e ER, INC. ZB N, MAY OLD CHATKAN, PRESIDENT ATTEST: Vettyv M. job-1-Won City Secretary APPROVED AS TO.CONTMMs Sandy og)&trbb, Housing & Community Development Administrator APPROVED AS TO FORTIS n a C ama sea, AggletanE City Attorney C1111TAU WW R1AL CUM FMIOG ABREr-%Uy - PAX 11 ZIiZi'd E-Z9L-908 Xl `>00aE -i j0 AlI7 LI =LI fib. I2 a-LU LEASE AGREEMENT This Agreement is between LUBBOCK COUNTY HOSPITAL DISTRICT, d/b/a UNIVERSITY MEDICAL CENTER ("Hospital") and CHATMAN MEMORIAL CENTER, INC. ("Chatman"). Chatman is the owner of the property described on Exhibit "A" attached hereto and incorporated herein as if copied verbatim. The term "Property" used in this Agreement refers to the property described on Exhibit "A" and all improvements on it. Chatman wants to restore this property. I. Term 1.1 The term of this lease shall be for 25 years, beginning July 1, 1993 but subject to the terms of this lease. 1.2 The lease will automatically renew for a like term on the day following the expiration date of each lease term unless terminated in accordance with this Agreement. The parties will negotiate the terms and conditions of the extended lease, including rent, in good faith. II. Lease Space 2.1 Chatman hereby leases to Hospital and Hospital hereby leases from Chatman the property described on Exhibit "A" ("lease space") 2.2 Hospital will be the sole tenant of the lease space. Lease Agreement 1 06/18/93 EXHIBIT "C" III. Obligations of Hospital Rent 3.1 Hospital will pay to Chatman the sum of $10.00 per month, from commencement of the term of this lease and continuing throughout the original lease term, in advance on the 1st day of each month. 3.2 In the event the parties extend this Agreement for an additional term(s), the parties agree to negotiate the amount of rent for the extended period in good faith. 3.3 As additional consideration, Hospital agrees to furnish administrative services to carry out the work for improvements on the property in accordance with the Construction Agreement between the parties of even date herewith. Utilities 3.4 Hospital will pay all utility costs, to include: electricity, water, gas, and waste disposal. Hospital will also pay the cost of any telephone service to the lease space. Use of Lease Space 3.5 The lease space shall not be used in any way that would be against public regulations or rules of any public authority. 3.6 Hospital shall have the right to erect or install furniture and fixtures and shall comply with all applicable governmental laws, ordinances, and regulations. Hospital shall have the right to remove such items at the termination of the lease, provided fixtures can be removed without structural damage Lease Agreement 2 06/18/93 to the lease space. Prior to the termination of this lease or any extension thereof, Hospital must repair any damage caused by removal of any fixtures. 3.7 Hospital shall provide maintenance and repair to the lease space. 3.8 Hospital shall furnish keys and locks for all doors in the lease space. The keys shall remain the property of Hospital. No additional locks shall be placed on any door without Hospital's permission and Chatman shall not make or permit to be made any duplicate keys. IV.- Casualty 4.1 In the event the lease space shall be damaged by fire or other casualty so that substantial alteration or reconstruction shall, in Hospital's sole opinion, be required, Hospital may, at its option, terminate this Agreement. Hospital must notify Chatman in writing of the termination within a reasonable time. Hospital shall immediately vacate the lease space and all rent shall be abated as of the date of vacation. 4.2 If Hospital does not elect to terminate this Agreement, Chatman shall, within ninety days after the date of the damage, commence and proceed with reasonable diligence to restore the lease space to substantially the same condition in which it was in immediately before the casualty. The work need not exceed the scope of the work done in originally constructing the lease space. Lease Agreement 3 06/18/93 4.3 Hospital may acquire fire and casualty insurance and such other insurance upon the lease space as Hospital, in its sole discretion, deems necessary. Hospital shall pay all premiums and Hospital will be the sole "Insured" of any policy acquired by Hospital. V. Default Termination 5.1 A material breach of any provision of this Agreement by either party shall be a default by that party. 5.2 In the event of default, either party may pursue all remedies at law and equity. 5.3 Chatman may terminate this Agreement only upon default by Hospital; provided however, Chatman shall give Hospital written notice of the default and thirty days within which to cure such default. 5.4 Hospital may terminate this Agreement upon ninety days written notice to Chatman. VI. Miscellaneous 6.1 This Agreement is the entire contract between the parties and no modification, changes or amendments shall be binding upon any party unless in writing and duly signed by representatives of both Hospital and Chatman. 6.2 The failure of either party to insist upon the strict performance of any covenant or condition or to exercise any option, Lease Agreement 4 06/18/93 right, power, or remedy contained in this Agreement, shall not be construed as a waiver or a relinquishment for the future. 6.3 If any term or provision of this Agreement is invalid or unenforceable, the remainder of the Agreement shall not be affected. 6.4 Any notice given by either party to the other must be in writing and served by depositing the same in the United States mail, postage prepaid, certified mail return receipt requested and directed to the party to be notified at the address given below, or by delivering the same in person. 6.5 The terms of this Agreement shall bind, extend, and inure to the benefit of Hospital and Chatman and their respective administrators, agents, employees, contractors, invitees, succes- sors and assigns. 6.6 This Agreement and all the rights of the parties shall be interpreted, construed, and enforced in accordance with the laws of the State of Texas. The Agreement is performable in Lubbock, Lubbock County, Texas, where venue of all actions shall be. 6.7 If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to have and recover from the losing party reasonable attorneys fees and costs of suit, insofar as allowed by law. 6.8 Hospital shall have the right, but only with the prior written consent of Chatman, to assign this lease, and any interest Lease Agreement 5 06/18/93 in the lease, and to sublet the lease space, or any part of it, or any right or privilege pertinent to the lease or the leased premises, provided each assignee assumes in writing all of Hospital's obligations under this lease and Hospital shall remain liable for each and every obligation under this lease. Chatman's consent under this exception will not be arbitrarily or unreason- ably withheld. 6.9 Hospital's obligations under this lease are conditioned upon: A. Chatman having on hand at the beginning of the lease sufficient funds to pay,for improvements to the property in accordance with plans and specifications prepared by archi- tects and reviewed by the parties; and B. Chatman furnishing to Hospital a Lessee's Title Policy issued by Lubbock Abstract & Title Co. with a face amount equal to the cost of the anticipated improvements. EXECUTED this day of 1993. LESSOR (CHATMAN) CHATMAN MEMORIAL CENTER, INC. By: Address: Lease Agreement 06/18/93 6 LESSEE (HOSPITAL) LUBBOCK COUNTY HOSPITAL DISTRICT, d/b/a UNIVERSITY MEDICAL CENTER 602 Indiana Ave. Lubbock, TX 79417 EXHIBIT "A" PARCEL I: Lots One (1) through Three (3), Block Twenty -One (21), SCHARBAUER Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat, and/or Dedication Deed thereof, recorded in Volume 153, Page 32, peed Records, Lubbock County, Texas. PARCEL II: A tract of land North of and adjoining Lot 1, Block 21, SCHARBAUER Addition to the City of Lubbock, Lubbock County, Texas, being described by metes and bounds as follows: BEGINNING at the Northwest corner of Lot 1, Block 21, WHEELOCK's SECOND ADDITION to the City of Lubbock, Lubbock County, Texas; THENCE Ease along the North line of said lot and/or along the South line of East 23rd Street a distance of 140 feet to the Northeast corner of said lot; THENCE North a distance of 12.5 feet; THENCE West parallel to and 12.5 feet north of the North line of said Lot 1, and/or the'South line of said East 23rd Street a distance of 127.5 feet to a point of curvature for a.12.5 feet radius curve; THENCE along said 12.5 feet radius curve to the left an arc distance of 19.635 feet to a point of tangency, the same being the POINT OF BCCINNINC for this tract. PARCEL III: Lot Four (4), Block Twenty -One (21), SCHARBAUER Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat, and/or Dedication Deed thereof, recorded in Volume 153, Page 32, Deed Records, Lubbock County, Texas. PARCEL IV: Lots Five (5) through (7), Block Twenty -One (21), SCHARBAUER Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, Plat, and/or Dedication Deed thereof, recorded in Volume 153, Page 32, Deed Records, Lubbock County, Texas. PARCEL V: Lot Eight (8), Block Twenty -One (21), SCHARBAUER Addition —to _ the City of Lubb'oek, Lubbock County, Texas, according to tho Map, Plat, and/or Dedication Deed thereof, recorded in Volume 153, Page 32, Dead Recorda, Lubbock County, Taxers. PARCEL VI: Lot Thirteen (13), Block Twenty -One (21), SCHARBAUER' Addition to the City or Lubbock, Lubbock County, Texas, according to the Map, Plat, and/or Dedication Deed thereof, recorded in Volume 153, Page 32, Deed Records, Lubbock County, Texas. Together with all improvements on the above described land both now existing and hereafter made on the above described land. Tie term "property" shall include both the land and all improvements now existing or Hereafter made on it.