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HomeMy WebLinkAboutResolution - 4703 - Agreement - Blue Sky NA - Neighborhood Enhancement & Beautification - 01/12/1995Resolution No. 4703 January 12, 1995 Item 436 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 Neighborhood Enhancement and Beautification Agreement by and between the City of Lubbock and the Blue Sky Neighborhood Association. 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 this 12th day of ATTEST: Betty 94. Jolmioi�,-(Uty Secretary January 1995. APV OVED AS TO CONTENT: LA y via Maftinez, Manager, Community Development/Neighborhood Initiatives APPROVED AS TO FORM: Linda L. Chamales Assistant City Attorney LLC:dp1G:lcedocs\B1uesky. Res Ianuary 3, 1995 Resolution No. 4703 January 12, 1995 Item #36 NEIGHBORHOOD ENHANCEMENT AND BEAUTIFICATION PROGRAM AGREEMENT BETWEEN THE CITY OF LUBBOCK AND BLUE SKY NEIGHBORHOOD ASSOCIATION STATE OF TEXAS COUNTY OF LUBBOCK § 5 This Agreement entered into this 12th day of Janes 1994, by and between the CITY OF LUBBOCK (herein called "City") and BLUE SKY NEIGHBORHOOD ASSOCIATION (herein called "Neighborhood Association"). WHEREAS, the Community Development and Neighborhood Initiatives of the City of Lubbock has established a Neighborhood Enhancement and Beautification Program utilizing Community Development Block Grant Funds pursuant to Title I of the Housing and Community Development Act of 1974 as amended, 42 U.S.C. 5301 et seq., and 24 CFR §570; and WHEREAS, the Blue Sky Neighborhood Association has proposed to develop vacant land in the 1900 block of Twinberry Avenue into a recreation area for their neighborhood ; and WHEREAS, the services provided by the Neighborhood Association benefit residents of the area and constitute a valuable public service; and WHEREAS, the City Council of the City of Lubbock has declared the services provided by the Neighborhood Association to be a public purpose, and WHEREAS, the Neighborhood Association and the services it seeks to provide have been found to meet the criteria for funding under 24 CFR Part 570; and WHEREAS, the accomplishment of the above public purpose is the predominate 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.; and the City will receive adequate consideration in the form of substantial public benefit; and WHEREAS, the City desires to contract with the Neighborhood Association to develop vacant land in the 1900 block of Twinberry Avenue into a recreation area for the neighborhood; NOW, THEREFORE, it is agreed between the parties hereto that: A. City Responsibilities City agrees to provide the Neighborhood Association with assistance from CDBG funds in an amount not to exceed TEN THOUSAND AND N0I100 DOLLARS ($10,000.00) in return for the Neighborhood Association providing a match in the amount of EIGHT THOUSAND SEVEN HUNDRED SEVENTY AND NO/100 DOLLARS ($8,770.00) in the form of cash, volunteer labor, and in-kind donations to be used in the performance of 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 Neighborhood Association for the purpose of developing vacant land in the 1900 block of Twinberry Avenue into a recreation area for the Blue Sky Neighborhood. b. The match for this program is provided in the form of cash, volunteer labor, or in-kind donations. B. Neighborhood Association's Responsibilities Neighborhood Association agrees to use the funds made available through this Agreement solely for the purpose of developing vacant land in the 1900 block of Twinberry Avenue into a recreation area for the Blue Sky Neighborhood. 2. Neighborhood Association agrees to provide a EIGHT THOUSAND, SEVEN HUNDRED SEVENTY AND NO/100 DOLLARS ($8,770.00) match in the form of cash, volunteer labor, or in-kind donations; and 3. Neighborhood Association agrees to develop vacant land in the 1900 Block of Twinberry Avenue into a recreation area for the Blue Sky Neighborhood to include installing a water sprinkler, planting grass, developing a softball field, basketball court and a volleyball area; and 4. Neighborhood Association agrees to provide progress reports to the City every thirty (30) days beginning thirty days from the date of this Agreement and continuing until Neighborhood Association's responsibilities under this Agreement are completed; and 5. All purchase order requests from the Neighborhood Association will be submitted first to the Community Development / Neighborhood Initiatives Office for approval. Upon completion of this project, if the entire funded amount is not used, Neighborhood Association agrees to refund any unused portion to the City within thirty days; and 6. Neighborhood Association agrees to abide by the project proposal (a copy of which is attached hereto as Exhibit A and incorporated herein) in fulfillment of this Agreement, unless prior written consent for any deviation is obtained from the City's Manager of Community Development/ Neighborhood Initiatives. II. TIME OF PERFORMANCE This Agreement shall commence January , 1995, and shall terminate June 1, 1995. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Neighborhood Association remains in control of Community Development Block Grant funds. City will pay up to TEN THOUSAND AND NCI/100 DOLLARS ($10,000.00) to Neighborhood Association based upon the receipt of requests for funds and project expense summaries for the development of vacant land in the 1900 block of Twinberry Avenue into a recreation area for the Blue Sky Neighborhood as described in Exhibit "A". IV. NOTICES Communication and details concerning this Agreement shall be directed to the following contract representatives. Sylvia Martinez George Campbell, Chairman Manager, Community Development/ Blue Sky Neighborhood Assoc. Neighborhood Initiatives Rt. 16, Box 912 City of Lubbock Lubbock, Texas P.Q. Box 2000 Lubbock, Texas79457 V. SPECIAL CONDITION'S Neighborhood Association agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning the Community Development Block Grant Program and all Federal regulations and policies issued pursuant to these regulations. VI. GENERAL CONDITIONS A. General Compliance Neighborhood Association agrees to comply with all applicable Federal, State and local laws and regulations governing the funds provided under this Agreement which were available under City's Community Development Block Grant Program. 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. Neighborhood Association shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. City shall be exempt from pay of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker's Compensation Insurance as the Neighborhood Association is an independent contractor. C. Hold Harmless Neighborhood Association shall hold harmless, defend and indemnify City from any and all claims, actions, suits, charges and judgments whatsoever that arise out of Neighborhood Association's performance or nonperformance of the services or subject matter called for in this Agreement. D. City Recognition Neighborhood Association 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, Neighborhood Association shall include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. E. Amendments City or Neighborhood Association may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and area executed in writing, signed by a duly authorized representative e of both organizations and approved by the City Council if required by law. Such amendments shall not invalidate this Agreement or relieve or release City or Neighborhood Association 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 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 Neighborhood Association. F. 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 prior approval of the City. City may also suspend or terminate this Agreement, in whole or in part, if Neighborhood Association materially fails to comply with any term of this Agreement, or with any of the rules regulations or provisions referred to herein. In the event there is probable cause to believe Neighborhood Association 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 Neighborhood Association is found to be in compliance by City or is otherwise adjudicated to be in compliance. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management Accounting Standards Neighborhood Association 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 Neighborhood Association shall administer its program in conformance with OMB Circular A-122, "Cost Principles for Nonprofit Organizations," for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record -Keeping Records to be Maintained Neighborhood Association shall maintain all records required by the federal regulations specified in 24 CFR §570.506, and that are pertinent to the activities to be funded under this Agreement. Neighborhood Association 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. Audits and Inspections All Neighborhood Association 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 Neighborhood Association 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 Neighborhood Association agrees to comply and to require all subcontractors to comply with Title VI of the Civil Rights Act of 1964, as amended, Section 109 of Title I of the Dousing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age of Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246, as amended by Executive Orders 11375 and 12086. B. Employment Restrictions V. VT. .. , Neighborhood Association agrees to comply and require all subcontractors to comply with the requirements of the Secretary of Labor in accordance r 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. Neighborhood Association 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. Neighborhood Association agrees that all contractors engaged under contracts in excess of TWO THOUSAND AND NO/100 DOLLARS ($2000.00) 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 Parks 1,3, 5 and 7 governing payment of wages and ratios of apprentices and trainees to journeymen, provided that if wage rates higher than those required under the regulations are imposed by State or local law, nothing hereunder is intended to relieve the Neighborhood Association of its obligation if any, to require payment of the higher wage. Neighborhood Association 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 IUD 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 awarded to business concerns which are located in or owned in substantial part by persons residing in the areas of the project." C. Conduct Neighborhood Association 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. 2. Conflict of Interest Neighborhood Association and City agree to abide by the provisions of 24 CFR § 570.611 with respect to conflicts of interest, and Neighborhood Association 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. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above. FL VID R. LANGSTON, MA ATTEST: Bctty Johnson, lVity Sccrctary APP$OVED AS TO CONTENT: Ivia Martinez, Manager, Community Development/Neighborhood Initiatives Doug Gqo man, Director of Health and Comil6unity Development APPROVED AS TO FORM: Linda L. Chamales, Assistant City Attorney BLUE SKY NEIGHBORHOOD ASSOCIATION GEORGI? CAMPBELL, CHAIRMAN