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Home My WebLink AboutResolution - 5583 - Supplemental Agreement - Chatman Memorial Center Inc - Administrative Services - 08_14_1997RESOLUTION NO. 5583 Item #27 August 14, 1997 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 Supplemental Agreement by and between the City and Chatman Memorial Center Inc. for adminstrative services. 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 14th day of August , 1997. ATTEST: &,J], '. Ak-t i I A a Darnell, ity ecre APPROVED AS TO CONTENT: eal"4ec Gm�-LC4't' Doug Goodmqh- Managing Dir&kor of Health and Community Services APPROVED AS TO • R i'F Attorney ALWIk/CHATMEMARES ccdocs/August 4, 1997 RESOLUTION NO. 5583 Item #27 August 14, 1997 SUPPLEMENTAL AGREEMENT BETWEEN CITY OF LUBBOCK AND CHATMAN MEMORIAL CENTER, INC. THIS AGREEMENT, entered this 14th day of August 1997, by and between the CITY OF LUBBOCK (herein called "City") and CHATMAN MEMORIAL CENTER, INC. (herein called "CMCI"). WHEREAS, the City and CMCI share as a common goal the public purpose of providing housing at affordable prices for low-income and moderate -income residents of the City of Lubbock; and WHEREAS, the City is responsible for oversight and monitoring of said federal funds under the Community Development Block Grant program (herein called "CDBG"); and WHEREAS, the City has approved a New Construction Neighborhood Revitalization Project for the Chatman Hill Neighborhood (herein called "Revitalization Project') and has allocated four hundred thousand dollars ($400,000.00) of CDBG funds pursuant to the Housing and Community Development Act of 1974, 42 U.S.C. 53012 t sea. and 24 C.F.R. Subtitle A, Part 570; and WHEREAS, CMCI has entered into an agreement dated August 11, 1994 (herein called First Agreement") with the City to manage the Revitalization Project; and WHEREAS, CMCI and Norwest Bank Texas, N.A. have entered into an agreement dated May 11, 1995 (herein called "Second Agreement") with the City to engage in the the Revitalization Project; and WHEREAS, the City has the personnel and ability to administer these funds as required by federal regulations and in compliance with OMB Circulars A-122 "Cost Principles for Nonprofit Organizations" and the applicable sections of 24 CFR Part 85 "Uniform Administration Requirements for Grants and Cooperative Agreements to State and Local Governments"; and WHEREAS, the City and CMCI desire to supplement the First Agreement to delineate the administration of the funds generated from the sale of houses in the Revitalization Project. NOW, THEREFORE, in consideration of the mutual promises set out in this document, it is agreed between the parties hereto that: I. SCOPE OF SERVICE A. CMCI agrees to abide by all the terms of the First and Second Agreements, except as the administration of funds may be modified herein. B. CMCI agrees to transfer title of the properties described under this Agreement and the First and Second Agreements to qualified applicants under the Revitalization Project in a timely and cooperative manner. C. CMCI agrees that in furtherance of their goal of providing affordable housing to low or moderate income citizens of Lubbock, the proceeds from the sale of these properties shall be transferred to City. D. City agrees to administer the Revitalization Project and perform the following tasks: 1. Perform the Accounting and administrative functions necessary to administer the funds received as proceeds from the sale of the properties under this Agreement and the First and Second Agreements. 2. Make all determinations as to the use of funds received as proceeds from the sale of properties under this Agreement and the First and Second Agreements. 3. Maintain all program files for HUD inspection and monitoring. 4. Do all reporting required on the program to HUD and to the City Council. 5. Enforce the Deeds of Trust in the event of default by the purchasers under this program and return the property or proceeds thereof to the CDBG program. II. SPECIAL CONDITIONS City agrees to comply with the requirements of Title 24 Code of Federal Regulations, Subtitle A, Part 570 of the Housing and Urban Development regulations concerning the CDBG Program and all federal regulations and policies issued pursuant to these regulations. III. GENERAL CONDITIONS A. General Compliance. Both parties agree to comply with all applicable federal, state and local laws and regulations governing the funds provided under this Agreement and the First and Second Agreements. B. Mutual Cooperation Both parties agree to cooperate in the performance of the promises in this Agreement and the First and Second Agreements and work toward their mutual goals of providing affordable housing for low or moderate income individuals in the Chatman Hill Neighborhood. C. Hold Harmless The City shall hold harmless, defend and indemnify the CMCI, its directors and officers, from all claims, actions, suits, charges and judgments whatsoever that arise out of the City's performance or nonperformance of services or subject matter called for in this Agreement. CMCI shall hold harmless, defend and indemnify the the City, its officers and employees, from all claims, actions, suits, charges and judgments whatsoever that arise out of CMCI's performance or nonperformance of services or subject matter called for in this Agreement. CMCI SUPPLEMENTAL AGREEMENT -PAGE 2-- III. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The City 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 The City shall administer it program in conformance with OMB Circulars A-122 "Cost Principles for Non -Profit organizations," or A-21, "Cost Principles for Educational Institutions," as applicable; and the applicable sections of 24 CFR Part 85 "Uniform Administrative Requirements for grants and Cooperative Agreements to State and Local Governments" for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record -Keeping Records to be Maintained The City shall maintain all records required by the federal regulations specified in 24 CFR Part 570 and that are pertinent to the activities under this Agreement. 2. Retention The City shall retain all records pertinent to expenditures incurred under this Agreement for a period of three (3) years after the termination of all activities under this Agreement. or after the resolution of all Federal audit findings, whichever occurs later. 3. Audits and Inspections All City and CMCI records with respect to any matters covered by this Agreement shall be made available to either agency, their designees or the Federal Government, at anytime during normal business hours, as often as either agency deems necessary, to audit, examine, and make excerpts of all relevant data for the purpose of audit. CMCI SUPPLEMENTAL AGREEMENT -PAGE 3-- day of IN WITNESS WHEREOF, the parties have executed this Agreement this 14th August CITY Of LUBBOCK wwzl WINDY SITTO YOR ATTEST: rAX Kaytq Darnell, City Secretary APPROVED AS TO CONTENT: cx-w_ Doug Goo , Managing Director of Health arkVCommunity Services APPROVED AS TO FORM: Amy v AssisM,/ orney , 1997. C70LDC�HATMAN, MORIAL CENTER, INC. PRESIDENT CMCI SUPPLEMENTAL AGREEMENT —PAGE 4--