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HomeMy WebLinkAboutResolution - 092575F - Funding Agreement - Housing Authority - Greenfair Manor - 09_25_1975KJ: RESOLUTION 092512ro 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 in favor of THE HOUSING AUTHORITY OF THE CITY OF LUBBOCK covering improvements at Greenfair Manor, 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 if fully copied herein in detail. Passed by the City Council this 25th day of September , 1975. OIL, ROY B SS, MAYOR no ATTEST: Treva PhilL.ps, City ecretary-Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr., City orney i FUNDING AGREEMENT BERJEEN THE CITY OF e , _ ► - 1 THE HOUSING AUTHORITY M'THE'CITYLUB STATE OF TEXAS KNOW ALL HEN BY THESE PRESENTS: COUNTY OF LUBBOCK THIS agreement made and entered into by and between the CITY OF LUBBOCK, TEXAS,'a Homerule Municipal Corporation (hereinafter called "CITY") and the Housing Authority of the City of Lubbock (hereinafter called the "HOUSING AUTHORII WITNESSETH WHEREAS, the CITY is obligated to do and perform certain services in its undertaking of a Community Development Program pursuant to the Housing and .Community Development Act of 1974; and WHEREAS, the HOUSING AUTHORITY is a public body corporate and politic created pursuant to Art. 1269k, Y.A.C.S., and is transacting business and exercising the powers granted by said law; and WHEREAS, the CITY desires to contract with the HOUSING AUTHORITY to provide and do certain activities pursuant to the Housing and Community Development Act of 1974 and the related rules and regulations of the Department of Housing and Urban Development, and the HOUSING AUTHORITY is willing to carry out such activity; NOW, THEREFORE, the CITY and the HOUSING AUTHORITY do hereby mutually agreeas follows:' I The HOUSING AUTHORITY agrees to perform and do an improvement project in the Greenfair Manor Public Housing Project consisting of the purchase and installation of garbage containers and theft proof mail boxes. The governing body of the HOUSING AUTHORITY, the Lubbock Housing Board, shall adopt such policies as may be necessary to guide the HOUSING AUTHORITY in the execution of the obligation and activities by this agreement. Such policies shall be adopted after consideration of recommendations made by the Director of Planning of the CITY and the Executive Director of the HOUSING AUTHORITY. It is understood and hereby agreed that the HOUSING AUTHORITY shall not deny benefits of the Greenfair Manor Public Housing Project improvement project to any resident thereof or to discriminate against any person on the grounds of race, color, religion, age, sex or national origin. The HOUSING AUTHORITY agrees to carry out the agreed activities within the approved budget, and amendments thereto. The HOUSING AUTHORITY agrees to comply with and will maintain the appropriate Huo required records proving compliance with all applicable regulations, policies and requirements promulgated by the Department of Housing and Urban Development pursuant to the Housing and Community Development Act of 1974. -1- The HOUSING AUTHORITY agrees to provide a good faith effort to achieve the goals of the Community Development AFFIFMATIVE ACTION PLAN FOR SECTIOI 3 OF THE HOUSING AND URBAU DEVELOPMENT ACT OF 1968, attached hereto and made a part hereof as Exhibit A; to develop and subsequently submit an Affirmative Action Plan to the Community Development Department and to accept the obligations with respect to the regulations as set forth in 24 CFR Part 135. The HOUSING AUTHORITY further agrees to comply with the equal opportunity requirements of Executive Order 11246 as they are applicable to the Greenfair Manor Public Housing improvement project. II The CITY hereby designates and authorizes the HOUSING AUTHORITY to carry out all such improvements and construction as may be necessary to provide the aforementioned improvements. Tie CITY agrees to provide funds in the amount of $5,379 for the purpose of performing the activities herein agreed upon; Provided that the CITY'S provision of such funds is wholly contingent upon the CITY =S receipt of such funds from the Department of Housing and Urban Development. It is further agreed tnat the HOUSING AUTHORITY shall submit at such times and in such form as the CITY may require such statements, records, data and information as the CITY may require pertaining to matters covered by this agreement. III • The HOUSING AUTHORITY agrees and is hereby bound in the execution of the '.activities authorized by this agreement by the requirements and provisions as set forth in Exhibit B identified as Part II - Terms and Conditions, Funding Agreement Community Development Block Grant Program, consisting of nine (9) pages attached hereto and by this reference is made a part hereof for all intents and purposes.. ATTEST: ecreatry APPROVED AS TO FORM MD LEGALITY: THE LUBBOCK PUBLIC HOUSING AUTHORITY BY: airman City Attorney . re a ter, Jr. -2- CONTRACT FOR ENGINEERING SERVICES Part I This agreement entered into this 1 1 day of SEPTEMBER , 1975, be- tween the Urban Renewal Agency of the City of Lubbock, Lubbock County, Texas, (Referred to as "Local Public Agency") and the City of Lubbock, A Home Rule Muni- cipal Corporation of Lubbock County, Texas (Referred to as "Contractor"): WITNESSETH: WHEREAS, the Agency proposes to enter into a funding agreement with the City of Lubbock, Texas, providing for the funding of certain activities and services to be provided by the Agency pursuant to the Housing and Community Developemnt Act of 1974, and rules and regulations promulgated thereunder by the Department of Housing and Urban Development; and WHEREAS, the Agency, subject to the execution of such funding agreement with the City of Lubbock, Texas, proposes to engage in certain site improvement acti- vities in the areas of the City of Lubbock pursuant to the Community Development— Plan as prepared by the City, and for which the funds are to be provided under such agreement, and the Agency desires to engage the Contractor to render certain technical advice and assistance in connection with such undertaking of the Local Public Agency for the first year of the Community Development Program as adopted by the City of Lubbock and as to be undertaken by the Agency. WHEREAS, the Local Public Agency and the Contractor are separate public entities and not connected; NOW THEREFORE, the parties to this Contract do mutu- ally agree as follows: 1. Scope of Services. The Contractor shall perform all necessary services provided under this Contract in connection with and respecting the following Pro- ject area within the City of Lubbock, Lubbock County, Texas, and being more par- ticularly described in Exhibit "A" attached hereto and made a part thereof, and shall do, perform, and carry out, in a satisfactory and proper manner, as deter- mined by the Local Public Agency, the following: General Supervision, including Field Layout, and Administration of Authorized Construction and continuous resident field inspection, and acceptance for final payment for sidewalk improvements in the Lubbock Community Development Program, 1st Year, Areas 6, 9, and 11. The Local Public Agency shall furnish copies of all final plats filed of record in the Project Area to the Contractor. -2- 2. Time of Performance. The services of the Contractor are to commence on October 1, 1975, and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this Con- tract; but in'any event all of the services required hereunder shall be completed by May 29, 1976. 3. Compensation for Services. Local Public Agency will pay to the Con- tractor a sum not to exceed $3,000.00 which shall constitute full and complete compensation for Contractor's services hereunder. Such sum will be paid as fol- -lows: The Contractor shall deliver to the Local Pulbic Agency within the first fifteen (15) days of a calendar month following a calendar month in which any contract services were rendered, an itemized statement stating the nature of the contract services rendered, materials used, if any, the time expended in the performance of such services and the sum demanded. The Contractor will charge the Local Public Agency for the actual labor and material expenses incurred by it in fulfilling the Contract. As a basis of determining the charges to the Local'' Public Agency, the Contractor shall establish a G. 0. W. 0. number to which all -labor and material expenses will be credited. Employee time cards for the Pro- ject will be maintained together with requisitions for materials used. All records will be open for inspection by the Local Public Agency. In addition to the compensation provided above, the Local Public Agency will reimburse the Contractor monthly for travel and subsistence expenses in connec- tion with the performance of its duties under this Contract outside the City of Lubbock, Texas, the actual cost of its agents or employees transportation by com- mon carrier or the sum of .10 cents per mile of the travel is performed by its own vehicles, and not to exceed twenty dollars ($20.00) per day of subsistence expenses. It is expressly understood and agree that in no event will the total com- pensation and reimbursement, if any, to be paid hereunder exceed the maximum sum of $3,000.00 for all of the services required. 4. Terms and Conditions. This agreement is subject to and incorporates the provisions attached hereto as Part II --- Terms and Conditions. 5. Non -Federal Labor Standards Provisions. The following labor standards provisions are applicable to this Contract under State or local law; provided, that the inclusion of such provisions in this Contract shall not be construed to relieve the Contractor or any subcontractor from the pertinent requirements of -3- any corresponding Federal labor standards provisions of this Contract: And provided further, that the limitations, if any, in these non -Federal labor stan- dards provisions upon hours per day, per week, or per month which the employees engaged on the work covered by this Contract may be required or permitted to work thereon shall not be exceeded. Where minimum rates of pay required under State or local law are higher than the minimum rates of pay required by or set forth in the Federal labor standards provisions of this Contract for correspond- ing classifications, such State or local minimum rates shall be the applicable minimum rates of pay for such classifications. 6. Prevailing Salaries. Not less than the respective salaries prevailing in the locality as determined pursuant to the attached "Determination of Pre- vailing Salaries of Technical Positions" shall be paid to persons in the respec- tive occupations listed therein employed in the performance of work under this Contract.. 7. Certifications. The Contractor shall furnish to the Local Public Agency - with each statement submitted for services rendered certifications as to com- pliance with Section 6 of this Part when applicable, and a similar certification of his sub -contractors with respect to employees engaged in work under this Con- tract. IN WITNESS THEREOF, the Local Public Agency and the Contractor have exe- cuted this agreeemnt as of the date first above written. \GATT; §T: f ecretary ATTEST: CZ&O 'z/ City Secretary 'reasurer APPROVED AS TO FOF14: ty Attorney URBAN RENEWAL AGENCY OF THE CITY OF LUBBOCK BY: Chairman CITY OF LUBBOCK BY: Mayor