Loading...
HomeMy WebLinkAboutResolution - 4327 - Agreement - LHA - Lexington & Normandy Apartments Rehabilitation, HOME Funds - 11_18_1993Resolution No. 4327 November 18, 1993 Item #16 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 an Agreement with the Lubbock Housing Authority to provide up to $500,000.00 from the Department of Housing and Urban Development HOME Funds for the rehabilitation of the Lexington and Normandy Apartments. 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 th ATTEST: Betty R. Jo ns6h, City Secretary APPROVED AS TO CONTENT: Do 0o m Interim Director Housing an ommunity Development APPROVED AS TO FORM: Linda Chamales, Assistant ity ttorney LC:dp\AGENDA-D3\LHA.Re3 November 10, 1993 Resolution No. 4327 November 18, 1993 Item #16 COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE LUBBOCK HOUSING AUTHORITY THE STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement entered into this 18th day of November , 1993, by and between the CITY OF LUBBOCK (herein called "City") and LUBBOCK HOUSING AUTHORITY, a public agency (herein called "Grantee"). WHEREAS, the City is obligated to do and perform certain services in its undertaking of the HOME Investment Partnerships program; and WHEREAS, the Grantee is a public housing agency offering public housing to lower and moderate income working individuals and families who are in need of such services by operating a public housing agency; 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 maintenance and operation of a public housing agency by the 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 24 CFR Part 92 of the HOME Investment Partnerships for the rehabilitation of rental property; and WHEREAS, the accomplishment of the above public purpose is the predominate 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 assistance for the rehabilitation; NOW, THEREFORE, it is agreed between the parties hereto that: I. SCOPE OF SERVICE A. City Responsibilities: City agrees to provide Grantee assistance form Department of Housing and Urban Development funds in an amount not to exceed $500,000.00 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. Assistance made available through this Agreement shall be used by the Grantee solely for the purposes of rehabilitating the Lexington and Normandy Apartments located at 4406 and 4407 20th Street. b. The assistance shall provide funding for the costs to meet the applicable rehabilitation standards of the City of Lubbock and for correcting substandard conditions (minimally the housing quality standards at 882.109 of CFR 24, Part 92 and the Housing Standards of the City of Lubbock), to make essential improvements including energy related repairs or improvements, improvements necessary to permit the use by persons with disabilities, and the abatement of lead base paint hazards, as required by subsection 92.355 of CFR 24, Part 92. C. The assistance shall provide funding for improvements to the project site that are in keeping with improvements of surrounding sites, standard projects, and costs, if any, to make utility connections. B. Grantee's Responsibilities 1. Grantee agrees to use the funds made available through this Agreement solely for the purpose of the rehabilitation of the Lexington and Normandy Apartments as set out in a scope of services entitled "Estimated Cost For Renovation of Lexington & Normandy Apartments, 4406 & 4407 20th Street" attached hereto as Exhibit A. 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. Grantee agrees that none of the services covered by this Agreement will be subcontracted without the prior written consent of the City. 4. Upon completion of this project if the entire funded amount is not used, Grantee agrees to refund any unused portion to the City within thirty (30) days. Grantee agrees to return to the City any program income received or accounts receivable which are attributable to the use of these HOME Investment partnerships Program Funds. II. TIME OF PERFORMANCE This Agreement shall commence November 19, 1993 and shall terminate May 19, 1994. III. PAYMENT City will pay up to $500,000 to Grantee based upon the following schedule: a. One third of $500,000 may be paid to the Grantee as project start-up funding. LHA Funding Agreement - Page 2 IV. kv VI. b. A second one-third payment may be paid to the Grantee based upon the inspection by the City of fifty percent (50%) of the completed work. C. A final one-third payment may be paid to the Grantee upon completion of the project and a satisfactory Final Inspection by the City. NOTICES Communication and details concerning this Agreement shall be directed to the following contract representatives: Doug Goodman, Acting Director Housing & Community Dev. P. O. Box 2000 Lubbock, TX 79457 SPECIAL CONDITIONS Oscar Sharpe, Executive Director Lubbock Housing Authority P. O. Box 2568 Lubbock, TX 79408 Grantee agrees to comply with the requirements of the Cranston Gonzales Affordable Housing Act of 1992, 24 CFR, Part 92 and all other Federal regulations and policies issued pursuant to these regulations such as but not limited to, subsection 92.353 which provides for relocation payments and other relocation assistance for permanently and temporarily relocated individuals, families, businesses, non profit organizations and farm operations. 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 the City's HOME Investment Partnerships Program. B. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing 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 Insurance as the Grantee is an independent contractor. 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 performance or nonperformance of the services or subject matter called for in this Agreement. LHA Funding Agreement - Page 3 D. Workers 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 purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from City. City Recognition Grantee shall insure recognition of the role of City's HOME Investment Partnerships Program in providing 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 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 Agreement, such modifications 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 termination 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 in Paragraph 1.B.1 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, 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 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 LHA Funding Agreement - Page 4 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 (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. Accounting 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 conformance 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 indirect basis. 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 his 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 monitors 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, LHA Funding Agreement - Page 5 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. VIII. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights Compliance Grantee agrees to comply and to require all subcontractors 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 670, Part I. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under his 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 subcontractors to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended in the provisions of Contract Work Hours, 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 acts apply to the performance of this Agreement. Grantee will maintain documentation which demonstrates compliance with hour and wage requirements of this part; this documentation shall be made available to the City for review upon request. Grantee agrees that all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work LHA Funding Agreement - Page 6 financed in whole or in part which assistance provided under this Agreement shall comply with federal requirement 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 required 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 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. 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 opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the areas of the project." C. Conduct 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. 2. Conflict of Interest Grantee and City agree to abide by the provisions of 24 CFR Part 92 subsection 92.356 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 services required under this Contract and that no person having such an interest will be employed as or by any subcontractor carrying out any part of this Agreement. LHA Funding Agreement- Page 7 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first ATTEST: �� 10, C� Betty M. J hnson City Secretary APPROVED AS TO CONTENT: l Doug Goo , Interim Director Housing & mmunity Development APPROVED AS TO FORM: Linda Chamales, Assistant City Attorney LUBBOCK HOUSING AUTHORITY OSCAR SHARPE, EXECUTIVE DIRECTOR LHA Funding Agreement - Page 8