HomeMy WebLinkAboutResolution - 4542 - Agreement - CHNA - CHC Renovations Project, HUD Funding - 07_14_1994Resolution no. 4542
July 14, 1994
Item #21
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 Chapel Hill
Neighborhood Association, Inc. to provide up to $40,000.00 from the Department of Housing
and Urban Development funds to be used in the Chapel Hill Center Renovations Project. 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
ATTEST:
b'N'
etty M. Jo son, 19y Secretary
APPR VED AS TO CONTENT:
""\A r - -P - -�- (C�1�
Sylv a a z-Fldres, Manager,—Coinmunity
Development/Neighborhood Initiatives
APPROVED AS TO FORM:
Linda L. Chamales, Assistant City Attorney
dpAccdocs\CHNALRes
July 6, 1994
Resolution No. 4542
July 14, 1994
Item #21
COMMUNITY DEVELOPMENT FUNDING AGREEMENT
BETWEEN
THE CITY OF LUBBOCK AND THE CHAPEL HILL NEIGHBORHOOD
ASSOCIATION, INC.
STATE OF TEXAS $
COUNTY OF LUBBOCK $
This Agreement entered into this 14th day of July, 1994, by and between the
CITY OF LUBBOCK (herein called "City") and Chapel Hill Neighborhood
Association, Inc., a non-profit center (herein called "Grantee").
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 1975, as amended;
and
WHEREAS, the Grantee operates a non-profit center offering services to
low-income individuals in the Chapel Hill area;
and
WHEREAS, the services provided by the Grantee benefit citizens of the City
of Lubbock and constitute a valuable public service; and
WHEREAS, the City Council of the City of Lubbock has declared the
maintenance and operation of the Chapel Hill Center to be a public purpose; and
WHEREAS, the Grantee and the services it provides have been found to
meet the criteria for funding under provision 570-201(c) of the Community
Development Regulation for Facilities and Improvements; and
WHEREAS, the accomplishment of the above public purpose is the
predominant 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 the Chapel Hill 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 Grantee to make available
assistance for the renovation of the Chapel Hill Center, 3903 E Baylor;
NOW, THEREFORE, it is agreed between the parties hereto that:
CHAPEL HILL FUNDING AGREEMENT
1
SCOPE OF SERVICE
A. City Responsibilities:
1. City agrees to provide Grantee assistance from Department of
Housing and Urban Development funds in an amount not to exceed
$40,000.00 in return for Grantee performing the activities set forth
in this Agreement as consideration for said funds.
2. City's financial assistance will be limited to the following:
a. The assistance made available through this Agreement shall be
used by the Grantee solely for the purpose of the Chapel Hill
Center Renovation Program; and
b. The assistance shall provide funding for renovations of the
center at 3903 E Baylor as detailed in Attachment `A"; and
c. The services provided by the Grantee shall exclusively benefit
lower -income families residing in the Community Development
Eligible Area and whose gross household income does not
exceed the lower -income eligibility requirements as established
by the Department of Housing and Urban Development.
B. Grantee's Responsibilities
1. Grantee agrees to use the funds made available through this
Agreement solely for the purpose of the renovation of the Chapel
Hill Center located at 3903 E Baylor.
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 renovations 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 City within
thirty (30) days.
5. Grantee agrees to return to the City any program income received
or accounts receivable which are attributable to the use of
Community Development Block Grant funds.
CHAPEL HILL FUNDING AGREEMENT
2
— 3—
II. TIME OF PERFORMANCE
This Agreement shall commence July 14, 1994, and shall terminate May
31, 1995.
III. PAYMENT
City will pay up to $40,000.00 to Grantee based upon the receipt of request
for funds and project expense summary for the above -described project.
IV. NOTICES
Communication and details concerning this Agreement shall be directed to
the following contract representatives:
Sylvia A. Martinez -Flores
City of Lubbock
P. O. Box 2000
Lubbock, TX 79457
V. SPECIAL CONDITIONS
J.W. McCafferty
Chapel Hill Neighborhood
Association
Lubbock, TX
Grantee agrees to comply with the requirements of Title 24 Code of Federal
Regulations, Part 570 of the Housing and Urban Development regulation
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.
VI. GENERAL CONDITIONS
A. General Compliance
Grantee agrees to comply with all applicable federal, state and local
laws and regulations governing the funds provided under this
Agreement which were made available under City's Community
Development Block Grant program.
B. Independent Contractor
CHAPEL HILL FUNDING AGREEMENT
3
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 Grantee.
C. Hold Harmless
Grantee shall hold harmless, defend and indemnify City from any
and all claims, actions, suits, charges and judgments whatsoever that
arise out of Grantee's performance or nonperformance of the services
or subject matter called for in this Agreement.
D. Worker's Compensation
Grantee shall provide Worker's Compensation insurance coverage for
all employees involved in the performance of this Agreement.
E. Insurance and Bonding
Grantee shall carry sufficient insurance coverage to protect contract
assets from loss due to theft, fraud and/or undue physical damage,
and as a minimum, shall 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 Community
Development Block Grant 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
CHAPEL HILL FUNDING AGREEMENT
4
relieve nor release City of Grantee from its obligations under this
Agreement.
City may, in its discretion, amend this Agreement to conform with
federal, state or local governmental 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 termination of the Scope of Service
in Paragraph "I.B" above may only be undertaken with the prior
approval of City. In the event of any termination for convenience, all
finished or unfinished documents, data,studies, surveys, maps,
models, photographs, 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 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
CHAPEL HILL FUNDING AGREEMENT
S
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
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.
Retention
Grantee shall retain all records pertinent to expenditures
incurred under this Agreement for a period of three (3) years
after the termination of all activities funded under this
Agreement, or after the resolution of all Federal audit findings,
whichever occurs later.
3. Client Data
Grantee shall maintain client data demonstrating client eligibility
for services provided. Such data shall include, but not be
limited to, client name, address, income level of 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, 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.
CHAPEL HILL FUNDING AGREEMENT
6
Failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the
withholding of future payments.
Vlll. 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.
B. Employment Restrictions
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 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 financed in whole or in part, which
assistance provided under this Agreement shall comply with
federal requirements 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 wages of
apprentices and trainees to journeymen; provided that, if wage
rates higher than those required under the regulations are
imposed by state or local laws, nothing hereunder is intended
CHAPEL HILL FUNDING AGREEMENT
7
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 subcontracts 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
1. Prohibited Activity
Grantee is prohibited from using funds provided herein or
personnel employed in the administration of the program for
political activities; sectarian or religious activities; lobbying,
political patronage, and nepotism activities.
Conflict of Interest
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 services required under this Contract and
that no person having such an interest will be employed as or
by the subcontractor carrying out this Agreement.
CHAPEL HILL FUNDING AGREEMENT
8
-7-
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first
CHAPEL HILL NEIGHBORHOOD
ASSOCIATION, INC.
tJ W• McCAFKATYpf
AUTHORIZED REPRESENTATIVE
ATTEST:
6tty . Jo nso
City. Secretary
APPROVED AS TO \CONTENT:
Svivie artinez- ores
Manager, Community Development/
Neighborhood Initiatives
APPROVED AS TO FORM:
Linda ama es, Assistant
City Attorney
CHAPEL HILL FUNDING AGREEMENT
9
/D —
CHAPEL HILL COMMUNITY CENTER
3903-E BAYLOR
LUBBOCK,TEXAS
ESTIMATE ON REPAIR AND ADDITION TO COMMUNITY CENTER.
MATERIALS LABOR OVERHEAD TOTAL MATCH
PROFIT
EXTERIOR REPAIR
1. SIDING
A. REMOVE EXISTING ASPHALT SIDING.
0
$ 425.00
E MATCH $ 00.0
$425.00
B. CLEAN UP AND HAUL AWAY.(DUMP FEE)
140.00
250.00
MATCH 140.00
250.00
C. INSTALL #2 WHITE WOOD 1" X 4" ON
CORNERS OF BUILDING, AROUND ALL NEW
WINDOWS AND DOORS.
86.40
200.00
114.56
400.96
D. INSTALL 15 LBS TAR PAPER OVER
WOOD UNDERLAYMENT.(INCLUDING 12X24
ADDITION)
52.00
100.00
MATCH
52.00
100.00
E. INSTALL THREE STEP MASONITE
SIDING ON ALL EXTERIOR WALLS.
(INCLUDING 12X24 ADDITION)
1.248.00
800.00
529.20
2,577.20
TOTAL ESTIMATE ON SIDING
1.526.40
1.000.00
643.76
3.170.16
775.00
WINDOWS AND DOORS.
A. REPLACE ALL WINDOWS WITH BRONZE
INSULATED REPLACEMENT WINDOWS.
REPLACE ALL FRAMES AND INTERIOR TRIM.
675.00
300.00
150.00
1,125.00
B. REPLACE TWO DOORS WITH
3' 0 " X 6' 8" SOLID CORE METAL
PREHUNG DOOR UNIT. REPLACE ALL
TRIM ON INTERIOR OF DOOR UNIT.
INSTALL PANIC HARDWARE
ON DOOR,WITH LOCK AND CLOSER.
INSTALL DEAD BOLT .KEY LOCKS ALIKE.
975.00
300.00
150.00
1,425.00
TOTAL ESTIMATE ON WINDOWS AND DOORS
1.650.00
600.00
300.00
2.550.00
3. TRUSSES
A. TEAR OUT OLD SHINGLES. DECKING.
RAFTERS AND CEILING.
0
300.00
MATCH
00.00
300.00
B. CLEAN UP AND HAUL OFF.(DUMP FEE)
210.00
300.00
MATCH
210.00
300.00
C. INSTALL 2 X 6 TRUSSES ON 24"
CENTERS.
2,410.00
1.000.00
1.364.00
4,774.00
TOTAL TRUSSES
2,620.00
1,000.00
1.364.00
4.984.00
600.00
4. ROOFING
A. INSTALL 7/8 OSB DECKING.
675.00
400.00
130.00
1.505.00
B. INSTALL 2X6 BAND,TWO STEP
MASONITE FACIA AND MASONITE
SOFFIT.
325.00
250.00
130.00
805.00
C. INSTALL 30 LBS TAR PAPER.
98.00
50.00
59.20
207.20
D. INSTALL 240 LBS THREE TAB SHINGLES.
576.00
320.00
MATCH
576.00
320.00
E. INSTALL NEW DRIP CAP.
125.00
50.00
MATCH
125.00
50.00
TOTAL ROOFING
1,799.00
700.00
319.20
2818.20
370.00
ATTACHMENT A - 1
5. EXTERIOR PAINTING
A. SCRAPE, SAND , CAULK AND PAINT
TWO COATS OF TOP LINE LATEX HOUSE
PAINT. 250.00 500,00
TOTAL PAINTING 250.00 00.00
6.REMOVE PANELLING.
CLEAN UP AND HAUL AWAY.
70.00 125.00
TOTAL PANELLING REMOVAL
70.00 00.00
7.INTERIOR WALLS
BUILD WALLS AS PER PLAN IN EXISTING
BUILDING .BUILD CASED OPENING FROM
MEETING ROOM INTO COFFEE BAR WITH ACCESS
TO HANDICAP BATHROOMS.
260.00 280.00
TOTAL INTERIOR WALLS
260.00 280.00
8.PLUMBING AND MISC.
FURROW OUT BACK WALL FOR VENT PIPES.
ROUGH IN TWO HANDICAP TOILETS. ROUGH IN
TWO HANDI CAP LAVATORIES. INSTALL SEWER
LINE .AND MAKE SEWER TAP. ROUGH IN WATER
LINE AND INSTALL NEW WATER LINE TO METER.
(INSTALL NEW METER) ROUGH IN TWO
LAVATORIES.AND ONE SINK.INSTALL TWO HANDI
CAP TOILETS AND TWO HANDICAP LAVATORIES,
INSTALL TWO HANDICAP FAUCETS.INSTALL GRAB
BARS . TOILET TISSUE HOLDER AND MIRROR.
INSTALL CAST IRON KITCHEN SINK WITH FAUCET.
INSTALL NEW ELECTRIC 40GAL WATER HEATER.
INSTALL NEW 100,000 BTU CENTRAL HEATER,
WITH RETURN AIR AND SUPPLY LINES.
TOTAL PLUMBING AND MISC.
9.ELECTRICAL
INSTALL NEW ELECTRICAL SERVICE TO BACK
OF BUILDING.WIRE BUILDING TO CITY CODE.
INSTALL VENTS IN BATHROOM.INSTALL
12- RECESSED LIGHTS.INSTALL TWO EXTERIOR
PLUGS.INSTALL GFI IN BATHS.RUN ALL WIRES
IN CONDUIT . INSTALL EXIT LIGHTS.
TOTAL ELECTRICAL
10.ADDITION
BUILD A 14 X 24 FOOT ADDITION
TO EXISTING BUILDING.ADD ONTO SOUTH
SIDE OF BUILDING.MATCH EXISTING BUILDING.
INSTALL FRONT PORCH .
TOTAL ADDITION
11.RAMPS
INSTALL ADA CONCRETE RAMP OUT FRONT
WITH METAL RAILS.INSTALL TWO HANDI CAP
PARKING SPACES.WITH SIGNS.INSTALL
CONCRETE RAMP AT BACK EXIT.
TOTAL RAMPS
MATCH 250.00 500.00
0.00 250.00 500.00
MATCH 70.00 125.00
00.00 70.00 125.00
216.00 756.00
216.00 756.00
4,600.00 2,100.00 400.00 7.100.00
600.00 1,000.00 160.00 1.760.00
2,500.00 1,000.00 400.00 3,900.00
500.00 500.00 200.00 1,200.00
ATTACHMENT A - 2
-A- -
12.INTERIOR FINISH OUT
FINISH OUT INTERIOR OF BUILDING
WITH 5/8 " FIRE ROCK.
INSTALL PANELLING ON INTERIOR.
TEXTURE CEILING AND PAINT.
INSTALL MARLIGHT IN COFFEE BAR AND BATHS.
TOTAL INTERIOR FINISH OUT 1,200.00
13.FLOOR
INSTALL VA TILE ON ALL FLOORS.
FLOOR PATCH ALL CRACKS AND INSTALL TILE.
INSTALL VINYL BASE ALONG ALL WALLS.
TOTAL FLOORS 1.120.00
14.INSULATION
INSTALL R-30 INSULATION IN ATTIC.
INSTALL ATTIC STAIR CASE IN HALL AREA.
TOTAL INSULATION 500.00
15. PARKING LOT
PAVE SOUTH PART OF LOT
Iffifi1
450.00 400.00 1,200.00
500.00 200.00 1.820.00
00.00 00.00 500.00
7.000.00
ESTIMATE ON REMODEL
AND ADDITION TO CHAPEL HILL
COMMUNITY CENTER, 19.195.40 9.130.00 4.602.96 39.928.36
GRAND TOTAL $39,928.36
MATCHING LABOR E 2.370.00
ATTACHMENT A - 3
_ 1-3-
CHAPEL HILL COMUNITY COUR
3903-E DA4L4R
ITT I NC ROOM
COFFEE BAR
ATTACHMENT A - 4
BATH
0