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HomeMy WebLinkAboutResolution - 060878I - Funding Agreement- Guadalupe Parkway Neighborhood Center- Building Improvements - 06_08_1978R E S 0 L U T 1 0 N 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 to execute for and on behalf of the City of Lubbock a Funding Agreement between the City of Lubbock and the Guadalupe -Parkway Neighborhood Center, Inc., attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail Passed by the City Council this 8th day of June 1978. DWE&ST,MAYMOR��__ TTEST: va Phillips, City S{cretary-Treasurer 'ROVED AS TO FORM:/ i1� FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK, TEXAS AND GUADALUPE-PARKWAY NEIGHBORHOOD CENTER, INC. STATE OF TEXAS KNOW ALL MEN 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 GUADALUPE-PARKWAY NEIGHBORHOOD CENTER, INC. (hereinafter called CENTER). WITNESSETH: WHEREAS, the CITY is obligated to do and perform certain services in its undertaking of Community Development Program pursuant to the Housing and Community Development Act of 1977; and WHEREAS, the CENTER is a non-profit organization having its principal office in the City of Lubbock, Lubbock County, Texas; and WHEREAS, the CITY desires to contract with the CENTER to provide and do certain activities pursuant to the Housing and Community Development Act of 1977 and the related rules and regulations of the Department of Housing and Urban Development, and the CENTER is willing to carry out such activity; NOW, THEREFORE, the CITY and the CENTER do hereby mutually agree as follows; The CENTER agrees to perform and do such improvements and construction as may be necessary to provide a Parkway Neighborhood Center to be located at East Cornell Street and North Quirt Avenue. The CENTER further agrees that the Community Development Coordinator and all other appropriate members of the CITY staff will be invited to attend any and all discussions and/or planning sessions between the CENTER and the Architect retained by the CENTER to design and construct the aforementioned Parkway Neighborhood Center; that all such members of the CITY staff shall be solicited for their comments and questions in regard to such discussions and/or planning sessions and that any such comments or questions to be taken under consideration in formulating final plans for the design and construction of the Parkway Neighborhood Center. Final plans will be submitted to CITY staff for review and approval. It is understood and hereby agreed that the CENTER shall not deny benefits of the Parkway Neighborhood Center to or discriminate against any person on the grounds of race, color, religion, age, sex or national origin. The CENTER agrees to carry out the agreed activities within the approved budget, and any amendments thereto. The CENTER agrees to comply with and will maintain the appropriate HUD - 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 1977. The CENTER agrees to provide a good faith effort to acheive the goals of the Community Development AFFIRMATIVE ACTION PLAN FOR SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968, 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 CENTER further agrees to convene a pre -construction conference to include representatives of the CITY, the CENTER and the Subcontractor to review, among other things, all obligations of the CITY, the CENTER and its Subcontractors with respect to Executive Order 11246, and to assure that the equal opportunity requirements of Executive Order 11246 are fully understood. II The CITY hereby designates and authorizes the CENTER to carry out all such improvements and construction, as may be necessary to provide the afore- mentioned public facilities. The CITY or its contractor will accomplish any acqui- sition of land and/or improvements necessary to the project according to the provisions of the Uniform Acquisition Act and HUD regulations. The CITY agrees to provide total funds for the project in the amount of $207,000 which shall include the CITY'S cost of acquiring any land and/or improvements; provided that the CITY'S provision of such funds is wholly con- tingent upon the CITY'S receipt of such funds from the Department of Housing and Urban Development. It is further agreed that the CENTER shall submit at such times and in such forms as the CITY may require such statements, records, data and information as the CITY may request pertaining to matters covered by this agreement. The CENTER 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. EXECUTED this i ay of 1978. CIT LUBBO� At'/ BY: M r ATTEST: "Secretary - Treasure ATTEST: Secretar APPROVED AS TO FORM AND LEGALITY: 10 i I I. I)/ GUADALUPE - PARKWAY NEIGHBORHOOD CENTER, INC. B C i an or Preside Jr -2- PART 11 - TERMS AND CONDITIONS FUNDING AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM EXHIBIT B Upon execution of the Funding Agreement of which this Part ll - Terms and Conditions is a part, the City of Lubbock through its Community Development Department agrees to provide to the Grantee the Federal assistance under Title I of the Housing and Community Development Act of 1974 (P.L. 93-383) as authorized by the Funding Approval identified therein, subject to the terms and conditions of this Funding Agreement, applicable law, regulations and all other requirements of the Department of Housing and Urban Development (HUD) now or hereafter In effect. The Funding Agreement is effective with respect to such assistance as of the date the Funding Agreement is executed and is subject to the HUD Community Development Block Grant Regulations at 24 CFR Part 570 and the following General Terms and Conditions: .1. Definitions: Except to the extent modified'or supplemented by this Funding Agreement, any term defined in Title I of the Housing and Community Development Block Grant Regulations at 24 CFR Part 570, shall have the same meaning when used herein. (a) Agreement means this Funding Agreement, as described above and any amendments or supplements thereto. (b) City means the City of Lubbock, Texas. (c) Grantee means any City Department or division, the Urban Renewal Agency, or any other department or agency which is designated by the City to receive Community Development Block Grant funds for the purpose of carrying out the'Corimunity Development Program. (d) Assurances, when capitalized, means the certifications and assurances submitted with grant applications pursuant to the requirements of 24 CFR Part 570. (e) Assistance provided under this Agreement means the grants and any )cans secured by loan guarantees provided under this Agreement. (f) Program means the community development program,,project, or other activities, including the administration thereof, with respect to which assistance Is being provided under this Agreement. 2. "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities: This Agreement is subject to the requirements of Section 3 of the Housing and Urban Development- Act of 1968 (12 USC 1701u), as amended, the +HUD regulations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder prior to the HUD authorization of the Funding Approval. The Grantee agrees that it shall be bound by, and shall cause or require to be inserted in full in all contracts and subcontracts for work financed in whole or in part with assistance provided under this Agreement, the Section 3 clause set forth below: TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESSES AND LOWER 114CO14E PERSONS IN CONNECTION WITH ASSISTED PROJECTS. A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the re- quirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that io the greatest extent feasible opportunities for training and employment be , given laser 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 area of the project. B. The parties to this contract will comply.with the provisions of said Section 3 and the regulations.issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, (published in 38 Federal Register 29220, October 23, 1973), all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they arefunder no contractual or other disability which would prevent them from complying with these requirements. C. The contractor will develop and implement an affirmative action .plan for utilizing business concerns located within or owned in sub- stantial part by persons residing in the area of the project; and the making of a good faith effort, as defined by the regulations, to provide training, employment, and business opportunities required by Section 3 of the Housing and Urban Development Act of 1968. D. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. E. The contractor will include this Section 3 clause in every sub- contract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial. assist- ance, take appropriate action pursuant to the subcontract upon a find- ing that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135. The contractor will not subcontract with any subcontractor where it has notice or know- ledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of 'ability to comply with the requirements of these.regulations. F. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Depart- ment issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or'recipent for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipent, its contractors and sub- contractors, its successors, and assigns'to those sanctions specified by the grant or loan agreement or contract through which Federal assist- ance is provided, and to such sanctions as are specified by 24 CFR 135.135. The Grantee shall provide such copies of 24 CFR Part 135 as may be necessary for the information of parties to contracts required to contain the above Section 3 clause. �� Exhibit B 3. Flood Disaster Protection: The Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (P•L• 93-234)• No portion of the assistance provided under this Agreement is approved for acquisition or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the Secretary as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the national flood insurance program pur- suant to Section 201(d) of said Act; and the use of any assistance provided under this Agreement for such acquisition or construction in such identified areas in communities then participating In the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) . of said Act. Any contract or agreement for the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement shall contain, if such land is located in an area identified by the Secretary as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of.1968, as.amended, 42 u.S:C. 4001 et seq.., provisions obligating the transferee and its successors or assigns to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Agreement. 4. Equal Employment Opportunity: (a) Activities and contracts not subject to Executive Order 11246, as amended. In carrying out the program, the Grantee shallnot discriminate against any employee or applicant for employment because of race, color, religion, sex,.or national origin. The Grantee shall take affirmative action to insure that applicants for employment are employed, and the employees are treated during their employment, *Ithout regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited,to, the follading: employment, upgrading, demotion,'or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee shall post in conspicuous places, a r ilable to employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. The Grantee shall state that all qualified applicants will receive consideration for employment -with- out regard to race, color, religion, sex, or national origin. The .Grantee_ .3 Exhibit B r - _ 1 . shall incorporate the foregoing requirements of this paragraph (a) in all of its contracts for program work, except contracts governed by: paragraph (b) of this section, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for program work. (b) Contracts subject to Executive Order 11246, as amended. Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD assisted construction contracts. The Grantee shall cause or require to be inserted in full in any nonexempt contract and subcontract for construction work, or modification thereof, as defined In said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or.national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, re- cruitment or recruitment advertising; layoff or termination; rates of pay or other t forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and appli- cants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers . with which he has a collective bargaining agreement or other'contract or understanding a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the contractor's commitment under this section and shall'post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor.will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish•all information and reports required by Executive Order 11246 of September 24, 10,65, and by the rules, regulations, and 4 - Exhibit B 'orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the City and by the Department of Housing and Urbon Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) in the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contract procedures authorized in Executive Order 11246 of September 24,'1965, or by rule, regulation, or order of the Secretary of Labor, o� as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceeding paragraph (1) and the provisions of paragraphs (I)through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any, subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in.` the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation -to protect the interest of the United States. The Grantee further agrees that it will be bound by the above equal opportunity clause with respect to its .own employment practices when it participates in federally assisted construction work; provided , that if the Grantee so partici- pating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Grantee agrees that it will assist and cooperate actively with the City, HUD, and the Secretary of Labor in obtaining the -compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor; that it will furnish the City, HUD, and the Secretary of Labor such information as they may require for the supervision of - such compliance; and that it will otherwise assist the City and HUD in the dis- charge of HUD's primary responsibility for securing compliance. The Grantee further agrees that it will refrain from entering into any contract or contract modification subject to executive Order 11246 of September 24, 1965, with 5 'Exhibit B a contractor debarred from, or ►•rho has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and sub- contractors by the Department or the Secretary of Labor pursuant to Part 11, Sub - Part D of the executive order. In addition, the Grantee agrees that if it fails or refuses to comply with these undertakings, the City or the Department of Housing and Urban Development may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Grantee under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Grantee;.•and refer the case to the Depart- ment of Justice for appropriate legal proceedings. 5. Lead -Based Paint Hazards: The construction or rehabilitation of residential structures with assistance provided under this Agreement is subject to the HUD Lead -Based Paint regulations, 24 CFR Part 35. Any grants or loans made through the Grantee for the rehabillta- tion of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead -based paint -:.hazards under subpart B of said regulations, and the Grantee shall be responsible for the' Inspections and certificates required under Section 35.14(f) thereof. 6. Compliance with Air and Water Acts: This Agreement is subject to the requirements of the Clean Air. Act, as amended, 42 USC.1857 et seq., the Federal (dater Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from.time to time.. In compliance with said regulations, the Grantee shall cause or require to be inserted in full in all contracts.and subcontracts' with respect to any non- exempt transaction thereunder funded with assistance provided under the Agreement, the following requirements: (1) A stipulation by the contractor or subcontractors that any•facility to be utilized in the performance of any nonexempt contract or subcontract is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. (2) Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308. of the Federal (dater Pollution Control Act, as amended, (33 USC 1318) relating 6 Exhibit B S n � to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the contract prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized for the contract is under consideration to be listed -on the EPA List of Violating Facilities. (4) Agreement by the contractor that he will include or cause to be included the criteria and requirements in paragraphs 0 ) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the Government may direct as a means of enforcing such -provisions. In no event shall any amount of the assistance provided under this Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act. 7. Federal Labor Standards Provisions: Except with respect to the rehabilitation -of residential property designed for residential use for less than eight families, the Grantee and all contractors engaged under contracts in excess of $2,000 for the construction, prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall comply.with HUD requirements per. taining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3, 5 and 5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided, that. if wages rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve the Grantee of its obligation, if any, to require payment of the higher rates. The Grantee shall cause or require to be inserted in full, In a.11 such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5 and, for contracts in excess of $10,000, 29 CFR 5a.3. ilo award of the contracts covered under this section of -the Agreement shall. be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. 8. Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In.the.sale, lease or other transfer of land 7 xhibit B i acquired, cleared or improved with assistance provided under this Agreement, the Grantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in.the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the City and the United States are beneficiaries - of and entitled to enforce such covenant. The Grantee, in undertaking.its obliga-. tion in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. 9. Obligations of Grantee with Respect to Certain Third Party Relationships: The.Grantee shall remain fully obligated under the provisions of the Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Grantee. The Grantee shall comply with all lawful requirements of the City necessary to insure that the program with respect to which assistance is being provided under this Agreement to the Grantee is carried out in accordance with -the City's Assurances and certificates, including those with - respect to the assumption of environmental -responsibilities of the City under Section 104(h) of the Housing and Community Development Act of 1974. . 10. Interest of Certain Federal Officials: No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this -Agreement or to any benefit to arise from the same. 11. Interest of Members, Officers, or Employees of City, Members of local Governing Body, or Other Public Officials: No member, officer, or employee of the City, or its designees or agents,_no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities -who exercise any functions or responsibilities with respect to the program during his tenure or for, one year thereafter; shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in"connection with the program assisted under the Agreement. The Grantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohi biting such interest pursuant to the purposes of this section. 12. Prohibition Against Payments of Bonus or Commission: The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approva: of applications for additional assistance, other approval or concurrence of HUD required .8 Exhibit B i under this Agreement, Title I of the Housing and Community Development Act of 1974 or HUD regulations with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than - actual solicitation, are not hereby prohibited if otherwise eligible as program costs.