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HomeMy WebLinkAboutResolution - 2320 - Funding Agreement - GNC Inc - Basketball & Volleyball Facilities, PNC - 05_22_1986Resolution #2320 May 22, 1986 Agenda Item #18 LJM:js 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 Funding Agreement by and between the City of Lubbock and Guadalupe Neighborhood Centers, Inc. for construction of basketball and volleyball facilities at Parkway Neighborhood Center, 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 fully copied herein in detail. Passed by the City Council this 22nd day of May , 1986. B. C. McMINN, MAYOR ATTEST: Ranette' Boyd, laity Secr APPROVED AS TO CONTENT: Sandy Ogl ree Community Development Administrator APPROVED AS TO FORM: Laura J. Monr e, Assistant City Attorney Resolution #2320 COMMUNITY DEVELOPMENT FUNDING AGREEMENT/ CONTRACT FOR STRUCTURE MODIFICATIONS BETWEEN THE CITY OF LUBBOCK AND THE GUADALUPE-PARKWAY NEIGHBORHOOD CENTERS, INC. STATE OF TEXAS § COUNTY OF LUBBOCK § This agreement is entered into this 22nd day of May 19 between the City of Lubbock, Texas, a home rule municipal corporation, hereinafter called "City" and the Guadalupe -Parkway Neighborhood Centers, Inc., a non-profit corporation hereinafter called "Corporation". 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 Corporation is a non-profit corporation and a neighborhood -based organization operating within the boundaries of the Community Development Block Grant Target Area and offering a program of services to meet the basic needs of the residents of the area; and WHEREAS, the services provided by the Corporation 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 maintenance and operation of a neighborhood center by the Corporation to be a public purpose; and WHEREAS, the Corporation 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 Services; and WHEREAS, the accomplishment of the public purpose is the predominant purpose of the 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 Corporation has the special expertise, knowledge and experience necessary for the operation of a neighborhood center and that the City will receive adequate consideration in the form of substantial public benefit; and WHEREAS, the City desires to contract with the Corporation to make available assistance for the construction of a basketball/volleyball court. NOW THEREFORE, the City and the Corporation do hereby mutually agree as follows: 1. The assistance made available through this contract shall be used by the Corporation solely for the purpose of constructing a 60 foot by 100 foot concrete slab and purchase and installation of basketball goals, volleyball net and poles at the Parkway Neighborhood Center located at 405 N. Quirt Avenue and further being described as All of Tract C, Mackenzie Manors Addition to the City of Lubbock, Lubbock County, Texas. for the use by the Corporation as a recreational facility for the residents of the area. Assistance to be provided will be limited to that work which is required to construct the concrete slab and purchase and install the basket- ball goals, volleyball net and poles. The assistance shall also be used to pay costs incurred by the Corporation for preparing plans and specifications, securing competitive bids and monitoring the progress of the project. This contract shall commence on or as of June 1, 1986 and shall terminate on May 31, 1987. 2. The City agrees to provide the Corporation assistance from Department of Housing and Urban Development funds in an amount not to exceed $15,210. It is understood and hereby agreed that it shall be the responsibility of the Corporation to perform and do the activities set forth in this agreement as consideration for the funds secured and provided by*the City hereunder. 3. Corporation agrees to solicit for construction work through the competitive bid process. The competitive bid process shall include formal advertisement, acceptance of sealed bids, and the public opening of those bids. City retains the right to review all bids prior to contract award. Prior to award of the contract to the lowest responsible bidder, City will obtain a contractors clearance from the Department of Housing and Urban Development. In the event the low bid contractor Is ineligible, the contract shall be awarded to the lowest eligible bidder. The Corporation agrees to secure professional assistance as needed in the preparation of plans and specifications for the work to be undertaken. Corporation will secure all professional services through a negotiation process. City will provide Corporation with a copy of the current U.S. Department of Labor's Wage Determination. This wage determination shall be made a part of the bid and contract documents as required by the Davis -Bacon Act. 4. City agrees to conduct a pre -construction conference for the purpose of reviewing the Davis -Bacon Act, the Contract Work Hours and Safety Standards Act, and other applicable federal, state and local labor requirements with the contractor. 5. City agrees to pay Corporation based upon the receipt of request for funds and project expense summary up to $15,210 following Corporation's initial expense incurred for the above -mentioned project. Corporation will make payments in a timely manner to the Contractor as provided in the contract between owner and contractor upon receipt by the Corporation of acceptable certificates of payment previously approved by the Architect employed for this purpose or the project manager. In the event Corporation has not used the entire funded amount upon the completion of this project, Corporation shall refund City that unused portion within 30 days of the completion of this project. 6. During the period of construction the City agrees to assume respon- sibility for contractor's compliance with all labor standards provisions applicable to the Community Development Block Grant Program. City shall certify on each periodic request for payment that all labor standards pro- visions have been satisfied by contractor. 7. Corporation agrees to submit all documents relating to its ownership or right to occupy the hereinabove described structure for approval by the City within ten (10) days after the date of execution of this contract. 8. As soon as practical after execution of this agreement, Corporation agrees to consult with an Architect or other individual qualified to develop general constructions 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 project. 9. it is expressly understood by Corporation 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 included as Part II of this contract and hereby adopted for all purposes. Such rules and regulations shall be made a part of the contract between the Corporation and the Contractor. Corporation agrees that use of this structure shall be devoted primarily to low and moderate income individuals. 10. Corporation further agrees to make its books and records available for inspection by any representative of the City that City may determine at any mutually convenient time. Corporation also agrees to provide City with such reports as the City may from time to time require as proof of Corpor- ation's compliance with any and all terms and conditions of the contract. All reports or other communications relative to this agreement shall be addressed to the Community Development Administrator or to a delegate expressly named by her. 11. The Corporation agrees to occupy and maintain the structure and grounds In good condition for a period of not less than five (5) years from the date of City acceptance of the construction work. The maintenance of the structure and grounds will be at the Corporation's expense and not at the expense of the City of Lubbock. The Corporation further agrees to maintain adequate insurance on the existing structure and additions for a period of not less than 5 years. 12. In the event that the Corporation vacates or abandons the structure or changes the use of the structure for any reason during this period, the Corporation shall reimburse the City that sum of money expended by the City in connection with the construction of the improvements provided for in the agreement, including but not limited to, payments for the preparation of plans and specifications, actual construction and supervision cost. The City's right to reimbursement shall be calculated on the basis of the aggregate cost amortized over a period of five (5) years. 13. Corporation agrees to indemnify and hold the City harmless from and against all liability for injuries or death to persons, or damage to property caused by Corporation's use or occupancy of said structure, or by the negli- gence of its agents or employees, and 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. 14. No officer or employee of the City; no member of its governing body; and no other public official of the governing body of the locality In which the project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project shall participate in any decision relating to this agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. 15. 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. 16. The Corporation shall not assign, sell or transfer any Interest in this contract without the prior written consent of the City thereof. 17. For purposes of determining venue and the law governing this agree- ment, activities performed under this agreement are performed in the City and County of Lubbock, State of Texas. 18. This agreement contains the entire agreement of the parties. 19. None of the services covered by this agreement shall be subcontracted without the prior written consent of the City. IN WITNESS WHEREOF, the City and the Corporation have executed this agreement as of the first day above written. ATTEST: —� Ranettd Boyd, City Secretary APPROVED AS TO CONTENT: 40,4L_ Sandy Ogl tree, ommunity Development Administrator APPROVED AS TO FORM: (� Michele art, Assist nt City Attorney CITY OF LUBBOCK B. C. MCMINN, MAYOR GUADALUPE-PARKWAY NEIGHBORHOOD CENTERS, INC. l Kathryn �. uliliam PresIden(i7l� Resolution #2320 PART II - TERMS AND CONDITIONS 1. Termination of Contract for Cause. If, through any cause, the Contractor shall fall to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the conve- nants, agreements, or stipulations of this Contract, the City of Lubbock hereinafter referred to as the "City", shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Con- tractor under this Contract shall, at the option of the City, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. Nothwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the City from the Contractor Is determined. 2. Termination for Convenience of the City. The City may terminate this Contract any time by a notice In writing from the City to the Con- tractor. If the Contract Is terminated by the City as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made; Provided, however, that If less than sixty per cent of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (€n addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. if this Contract Is terminated due to the fault of the Contractor, Section 1 hereof relative to termination shall apply. 3. Changes. The City may, from time to time, request changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any Increase or decrease In the amount of the Contractor's compensation, which are mutually agreed upon by and between the City and the Contractor, shall be incorporated In written amendments to this Contract. 4. Personnel. a. The Contractor represents that he has, or will secure at his own expense, all personnel required In performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the City. b. All the services required hereunder will be performed by the Contractor or under his supervision and all personnel engaged In the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. c. No person who is serving sentence in a penal or correctional Institution shall be employed on work under this Contract. 5. Anti -Kickback Rules. Salaries of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; title 18 U.S.C., section 874; and title 40 U.S.C., section 276c). The Contractor shall comply with all applicable "Anti -Kickback" regulations and shall insert appropriate provisions In all subcontracts covering work under this Contract to Insure compliance by subcontractors with such regulations, and shall be responsible for the submission of affidavits required of subcontractors thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof. 6. Withholding of Salaries. If, in the performance of this Contract, there is any underpayment of salaries by the Contractor or by any subcon- tractor thereunder, the City shall withhold from the Contractor out of payments due to him an amount sufficient to pay to employees underpaid the difference between the salaries required hereby to be paid and the salaries actually paid such employees for the total number of hours worked. The amounts withheld shall be disbursed by the City for and on account of the Contractor or subcontractor to the respective employees to whom they are due. 7. Claims and Disputes Pertaining to Salary Rates. Claims and disputes pertaining to salary rates or to classifications of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be promptly reported in writing by the Contractor to the City for the latter's decision which shall be final with respect thereto. 8. Equal Employment Opportunity. During the performance of this Contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall Include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including appren- ticeship. The Contractor agrees to post in conspicuous places, avail- able to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. b. The Contractor will, in all solicitations or advertisements for employees place by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The Contractor will cause the foregoing provisions to be inserted In all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 9. Discrimination Because of Certain Labor Matters. No person employed on the work covered by this Contract shall be discharged or In any way discriminated against because he has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify In any proceedings under or relating to the labor standards appli- cable hereunder to his employer. 10. Compliance With Local Laws. The Contractor shall comply with all applicable laws, ordinances, and codes of the State and local governments, and shall commit no trespass on any public or private property In performing any of the work embraced by this Contract. 11. Subcontracting. None of the services covered by this Contract shall be subcontracted without the prior written consent of the City. The Con- tractor shall be as fully responsible to the City for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he Is for the acts and omissions of persons directly employed by him. The Contractor shall insert In each subcontract appropriate provisions requiring compliance with the labor standards provisions of this Contract. 12. Assignability. The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the City; Provided, however, that claims for money due or to become due the Contractor from the City under this Contract may be assigned to a bank, trust company, or other financial institution, or to a Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. 13. Interest of Members of City. No member of the governing body of the City, and no other officer, employee, or agent of the City who exercises any functions or responsibilities in connection with the carrying out of the Project to which this Contract pertains, shall have any personal Interest, direct or indirect, in this Contract. 14. Interest of Other Local Public Officials. No member of the govern- ing body of the locality in which the Project Area is situated, and no other public official of such locality, who exercises any functions or respons- ibilities in the review or approval of the carrying out of the project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. 15. Interest of Certain Federal Officials. 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 Contract or to any benefit to arise herefrom. 16. Interest of Contractor. The contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in any of the above -described Project Areas or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that in the performance of this Contract no person having any such interest shall be employed. 17. Findings Confidential. All of the reports, Information, data, etc., prepared or assembled by the Contractor under this Contract are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. U. S. Department of Housing and Urban Development HUD-621B Renewal Assistance Administration (2-69)