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HomeMy WebLinkAboutResolution - 4544 - Agreement - Early Learning Centers - Carver Center Renovation Project, HUD Funds - 07_14_1994Resolution No. 4544 July 14, 1994 Item #23 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 Early Learning Centers of Lubbock to provide up to $18,750.00 from the Department of Housing and Urban Development funds to be used in the Carver Center Renovation 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: PW� )Betty M. Johnson, ity Secretary APP VED AS TO CONTENT: , 04 Sy via Ma Nnez- lores, Manager, Community Development/Neighborhood Initiatives APPROVED AS TO FORM: Linda L. Chamales, Assistant City Attorney dpAccdocs\ELC2.Res July 6, 1994 Resolution No. 4544 July 14, 1994 Item #23 COMMUNITY DEVELOPMENT FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND THE EARLY LEARNING CENTERS OF LUBBOCK 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 THE EARLY LEARNING CENTERS OF LUBBOCK, 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 Chatman 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 Carver Early Learning 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 Carver Early Learning 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 Carver Early Learning Center, 2509 Elm Street; ELC-CARVER CENTER FUNDING AGREEMENT 1 NOW, THEREFORE, it is agreed between the parties hereto that: I. 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 $18,750.00 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 Carver Early Learning Center Program; and b. The assistance shall provide funding for renovations of the center at 2509 Elm 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 Carver Early Learning Center located at 2509 Elm. 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. ELC- CARVER CENTER FUNDING AGREEMENT 2 _J_ IV. V. VI. 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. TIME OF PERFORMANCE This Agreement shall commence July 14, 1994, and shall terminate May 31, 1995. PAYMENT City will pay up to $18,750.00 to Grantee based upon the receipt of request for funds and project expense summary for the above -described project. 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 SPECIAL CONDITIONS Joanne Cotter Early Learning Centers of Lubbock, Executive Director 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. 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. ELC-CARVER CENTER FUNDING AGREEMENT 3 - 4 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 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. F. 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 ELC- CARVER CENTER FUNDING AGREEMENT 4 law. Such amendments shall not invalidate this Agreement, nor 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 ELC-CARVER CENTER FUNDING AGREEMENT 5 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 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 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, 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 ELC- CARVER CENTER FUNDING AGREEMENT 6 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. 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 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 bf 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 ELC-CARVER CENTER FUNDING AGREEMENT 7 - rates higher than those required under the regulations are imposed by state or local laws, 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 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. 2. 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. ELC- CARVER CENTER FUNDING AGREEMENT 8 IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. EARLY LEARNING CENTERS OF LUBBOCK (JOANNE CUTTER EXECUTIVE DIRECTOR ATTEST: i �_� r-1 Betty M. Johnso City Secretary APPROVED AS TO CONTENT: Sylvia Martinez -Flores Manager, Community Development/ Neighborhood Initiatives APPROVED AS TO FORM: Linda Chamales, Assistant City Attorney ELC-CARVER CENTER FUNDING AGREEMENT 9 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING REQUEST December 23, 1993 1. Project Summary: CARVER EARLY LEARNING CENTER REHABILITATION PROJECT Target Area: Chatman Hill Statement of Need The Early Learning Centers of Lubbock, Inc. requests $18,750 to rehabilitate the Carver Early Learning Center located at 2509 Elm Street. The total cost of the project will be $25,000 and will improve the condition of the building and exterior, which will benefit the children who attend and the Chatman Hill neighborhood. The project will make it possible to install new carpet, central air and improve the exterior through paint and native landscaping. The renovation will benefit the 75 low income children and 7 moderate income children who attend Carver ELC by improving the conditions in the center. Presently, the carpet is worn through to the floor in some areas. The air conditioning equipment is not capable of cooling the center properly, despite many service calls. The service personnel tell us the equipment is working as hard as it can, considering its age and size. The project will also improve the exterior appearance of the property through paint and low maintenance landscaping. This will improve the Chatman Hill neighborhood. This project meets the national objectives of aiding in the prevention of blight and benefiting low income families. The schedule of work would begin upon receipt of the funding. The bid would be prepared according to specifications, bids received and project implemented. It is anticipated that the project would be complete within six months. Goals and Objectives The goals of this project are: 1. To install new carpet and air conditioning system to improve the environmental health, safety and appearance of the surroundings of a child care center operated to serve low income families. 2. To improve outside appearance through paint and landscaping to enhance the neighborhood. To meet these goals, Early Learning Centers will implement a rehabilitation project and will take before and after photos. ELC will also ask parents to complete an evaluation of the project based on the previous and finished condition. ATTACHMENT A r