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HomeMy WebLinkAboutResolution - 6073 - Contract - Lubbock United Neighborhood Association - Organization & Development - 10_22_1998Resolution No. 6073 Item No. 29 October 22, 1998 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 contract for funding neighborhood association organization and development, by and between the City of Lubbock and Lubbock United Neighborhood Association, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 22nd day of October 1998. T. DY SI OR ATTEST: Ka Darnell City SVcretary APPROVED AS TO CONTENT: im kitram irec r of Strategic Planning APPROVED AS TO FORM: z William de Haas Competition and Contracts Manager/Attorney Ccdocs/LUNA.Res 10/22/98 Resolution No. 6073 Item No. 29 October 22, 1998 FUNDING AGREEMENT BETWEEN THE CITY OF LUBBOCK AND LUBBOCK UNITED NEIGHBORHOOD ASSOCIATION STATE OF TEXAS § COUNTY OF LUBBOCK § THIS AGREEMENT is entered this 12th day of October, 1998 by and between the City of Lubbock (herein called the "City") and Lubbock United Neighborhood Association (herein called the "Grantee'). WHEREAS, the Grantee operates a non-profit organization offering services to neighborhood associations; 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 programs of the Grantee to be a public purpose and the provision of these services to be a predominate purpose of this transaction; and WHEREAS, the accomplishment of the above public purpose is the predominant purpose of this transaction, continuing supervision by the City together with contractual requirements provide sufficient assurance that this public purpose will be accomplished; and an audit provides sufficient protection of the handling of public money; and WHEREAS, the City Council has found that the Grantee has the expertise, knowledge and experience necessary for the development and support of neighborhood associations 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 funds for neighborhood association development and support; NOW, THEREFORE, it is agreed between the parties hereto that: I. SCOPE OF SERVICE A. Activities The Grantee will be responsible for administering a Year 1998-99 program for neighborhood association development and support in a manner satisfactory to the City and consistent with any standards required as a condition of providing these funds. 1. Grantee will organize new neighborhood associations as requested. 1998-99 LUNA Funding Agreement Page 1 2. Grantee will support existing neighborhood associations by printing newsletters, maintaining a resource library and coordinating joint neighborhood association workshops and activities. 1. City agrees to provide Grantee assistance from the general fund in an amount not to exceed $ 28,000 in return for Grantee's performing the activities set forth in this Agreement as consideration for said funds. 2. City shall not be liable to Grantee for any costs incurred by Grantee, or any portions thereof, which have been paid to Grantee or which are subject to payment to Grantee, or which have been reimbursed to Grantee or which are subject to reimbursement to Grantee by any source other than City or Grantee. 3. City shall not be liable to Grantee for any costs incurred by Grantee or for any performances rendered by Grantee which are not strictly in accordance with the terms of this agreement. 4. City shall not be liable for costs incurred or performances rendered by Grantee before commencement of this agreement or after termination of this agreement. rdINEW M., y ' 4M• Grantee shall perform all activities in accordance with their budget; the assurance, certifications, and all other terms, provisions and requirements set forth in this agreement. 2. Grantee shall submit to City reports on the operation and performance of this agreement on a quarterly basis. Services of the Grantee shall start on the V day of October, 1998, and terminate on the 30th day of September, 1999. I11 ' : /u1.. ►Y It is expressly agreed and understood that the total amount to be paid by the City under this contract shall not exceed $28,000, which shall be disbursed in one lump sum. Grantee shall indemnify and hold harmless, to the fullest extent permitted by law, the City, and City's respective officers, employees, elected officials and agents, from and 1998-99 LUNA Funding Agreement Page 2 against any and all losses, damages, claims or liabilities, of any kind or nature, which arise directly or indirectly, or are related to, in any way, manner or form, the activities contemplated hereunder, including, but not limited to, losses, damages, claims or liabilities arising from or related to, in any way, manner or form, the act or omission of third parties and/or the negligence or fault of City, its respective officers, employees, elected officials and/or agents. Grantee further covenants and agrees to defend any suits or administrative proceedings brought against the City and/or the City's respective officers, employees, elected officials and/or agents on account of any such claim, and to pay or discharge the full amount or obligation of any such claim incurred by, accruing to, or imposed on the City, or the City's respective officers, employees, elected officials and/or agents, as applicable, resulting from any such suits, claims, and/or administrative proceedings or any matters resulting from the settlement or resolution of said suits, claims and/or administrative proceedings, in addition, Grantee shall pay to the City, the City's respective officers, employees, elected officials and/or agents, as applicable, all attorneys fees incurred by such parties in enforcing Grantee's indemnity in this section. The City, and its respective officers, employees, elected officials and agents shall not be liable and Grantee hereby releases the City, and its respective officers, employees, elected officials and agents, for, from and/or against any losses, damages, claims or liabilities to Grantee, on any theory of legal liability, including, but not limited to the negligence, of any type of degree or fault, of the City, arising from or related to, in any way, manner of form, the unenforceability or voidance, for any reason, of all or any part of this agreement. The indemnity and release provided herein shall survive the termination or voidance of this agreement. FROMMEYMM •I •I The Grantee shall provide Workers' Compensation insurance coverage for all of its employees involved in the performance of this contract. The 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 the City. FOEMEW MM.� The Grantee shall insure recognition of the role of the grantor agency in providing services through this contract. All activities, facilities, and items utilized pursuant to this contract shall be prominently labeled as to funding source. In addition, the 1998-99 LUNA Funding Agreement Page 3 Grantee will include a reference to the support provided herein in all publications made possible with funds made available under this contract. The 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's governing body. Such amendments shall not invalidate this Agreement nor relieve or release the City or Grantee from its obligations under this Agreement. The 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 schedule of 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. Either party may terminate this contract at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. Partial termination of the Scope of Service in Paragraph I.A. above may only be undertaken with the prior approval of the 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 the Grantee under this Agreement shall, at the option of the City, become the property of the City, and the Grantee shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. The City may also suspend or terminate this Agreement, in whole or in part, if the Grantee 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 the City's contracts, in addition to other remedies as provided by law. In the event there is probable cause to believe the Grantee is in noncompliance with any applicable rules or regulations, the City may withhold up to fifteen percent (15%) of said contract funds until such time as the Grantee is found to be in compliance by the City, or is otherwise adjudicated to be in compliance. u 1�1I Vve R ONIN ul k MEMO"= BUT 1998-99 LUNA Funding Agreement Page 4 The Grantee agrees to adhere to sound accounting principles and procedures, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. The Grantee shall maintain all records that are pertinent to the activities to be funded under this Agreement. MENEVOIT-MOMM, The Grantee shall retain all records pertinent to expenditures incurred under this contract for a period of three (3) years after the termination of all activities funded under this Agreement. Records for non -expendable property acquired with funds under this contract shall be retained for three (3) years after final disposition of such property. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the three-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the three-year period, whichever occurs later. 3. j-ala The Grantee shall maintain neighborhood association data. Such data shall include, but not be limited to, neighborhood association name, boundaries and contact person. Such information shall be made available to the City upon request. The Grantee shall maintain real property inventory records which clearly identify any properties purchased, improved or sold. All Grantee records with respect to any matters covered by this Agreement shall be made available to the City at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must 1998-99 LUNA Funding Agreement Page 5 be fully cleared by the Grantee within 30 days after receipt by the Grantee. Failure of the Grantee to comply with the above audit requirements will constitute a violation of this contract. The Grantee hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning Grantee audits. Mr-MrI _ ' • - ! Performance Reports Grantee shall submit to City a quarterly Performance Report in a format prescribed by City and shall include the amount of funds obligated and expended for each activity. The initial quarterly Performance Report is required by the 20th of January, 1999. Grantee shall continue to submit this report quarterly no later than the 20th of each month following the end of each quarter. The Grantee shall submit regular Progress Reports to the City in the form, content, and frequency as required by the City. The 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 or nepotism activities. �� If this contract results in any copyrightable material or inventions, the City and/or grantor agency reserves the right to royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for government purposes. The Grantee agrees that funds provided under this contract will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization. 1998-99 LUNA Funding Agreement Page 6 If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect. IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. CI L BOCK L. U. N. A. WINDY SIT N Cathy Jung, xecutive Director MAYOR A S: Ka 'e Darnell, City Secretary APPROVED AS TO CONTENT: Nla'2 &L't� J' Be am, Managing Director of Sbutekic Planning APPROVED AS TO FORM: William de Haas, Competition and Contracts Manager 1998-99 LUNA Funding Agreement Page 7