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HomeMy WebLinkAboutResolution - 2586 - Funding Agreement - Well Baby Clinic - Building & Parking Modifications - 05/28/1987Resolution #2586 May 28, 1987 Agenda Item #24 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 Funding Agreement by and between the City of Lubbock and Well Baby Clinic of Lubbock, Texas for construction of an expansion to, and renovation of, the building and parking area at Well Baby Clinic, 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. Pass by City Council this 28th day of May, 1987. S. C. Mc inn, Mayor ATTEST: , City Secgetary APPROVED AS TO CONTENT: Sandy O , etr ' , Community Development Administrator APPROVED AS TO FORM: Harold Willard, Assistant City Attorney Resolution #2586 COMMUNITY DEVELOPMENT FUNDING AGREEMENT/CONTRACT FOR STRUCTURE MODIFICATIONS BETWEEN THE CITY OF LUBBOCK AND WELL BABY CLINIC OF LUBBOCK, TEXAS STATE OF TEXAS § COUNTY OF LUBBOCK 5 This Agreement is entered into this 28th day of May , 19 87 between the City of Lubbock, Texas, a home rule municipal corporation, hereinafter called "City" and Well Baby Clinic of Lubbock, Texas, a non-profit organization hereinafter called "Grantee". WITNESSETH: 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 1974, as amended; and WHEREAS, the Grantee is a non-profit organization offering medical services to the children of lower and moderate income families who are in need of such services by operating a children's clinic; 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 a Well Baby Clinic by the Grantee 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(e) of the Community Development Regulation for Public Services; and WHEREAS, the accomplishment of the public purpose is the predominant purpose of the transaction; continuing supervision by the City together with statutory and contractual requirements provide WHEREAS, the City desires to contract with the Grantee to make available assistance for the construction of an expansion to, and renovation of, the building and parking area at Well Baby Clinic. NOW THEREFORE, the City and the Corporation do hereby mutually agree as follows: 1. The assistance made available through this contract shall be used by the Grantee solely for the purpose of building expansion/renovation and construction of additional parking area at the Well Baby Clinic located at 102 Avenue J and further being described as: METES AND BOUNDS DESCRIPTION of a portion of Lot 1, Block 21, Guadalupe Addition to the City of Lubbock, Lubbock County, Texas, being further described as follows: BEGINNING at a point which is the most Southerly Southwest corner of Lot 1, Block 21, Guadalupe Addition to the City of Lubbock, Lubbock County, Texas; THENCE Northwesterly around a curve to the right, said curve having a radius of 15.00 feet, a central angle of 900, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet; THENCE North a distance of 251.50 feet to a set 3/4" iron pipe; THENCE East a distance of 158.20 feet to a set 3/4" iron pipe; THENCE South a distance of 25.00 feet to a point from whence a 3/4" iron pipe set in reference bears West 1.00 feet; THENCE East a distance of 141.80 feet to a set railroad spike; THENCE South a distance of 226.50 feet to a point of curvature; THENCE Southwesterly around a curve to the right, said curve having a radius of 15.00 feet, central angle of 900, tangent lengths of 15.00 feet, and a chord distance of 21.21 feet; THENCE West a distance of 270.00 feet to the POINT OF BEGINNING. CONTAINS: 76,308.43 square feet. facility necessary in order to allow for the expansion. The assistance shall also be used to pay costs incurred by the Grantee for securing competitive bids. The assistance shall not be used for the purchase of equipment, fixtures, furnishings or other personalty not an integral structural fixture. This contract shall commence on or as of June 1, 1987 and shall terminate on May 31, 1988. 2. The -City agrees to provide the Grantee assistance from Department of Housing and Urban Development funds in an amount not to exceed 54.4 percent of the total bidding and construction costs, or $106,000, whichever is less. It is understood and hereby agreed that it shall be the responsibility of the Grantee to perform and do the activities set forth in this agreement as consideration for the funds secured and provided by the City hereunder. 3. Grantee agrees to solicit for construction work through the competitive bid process. The competitive bid process shall include formal advertisement, acceptance of sealed bids, and the public opening of those bids. City retains the right to review all bids prior to contract award. Prior to award of the contract to the lowest responsible bidder, City will obtain a contractor's clearance from the Department of Housing and Urban Development. In the event the low bid contractor is ineligible, the contract shall be awarded to the lowest eligible bidder. The Grantee agrees to secure professional assistance as needed in the preparation of plans and specifications for the work to be undertaken. Grantee will secure all professional services through a negotiation process. City will provide Grantee with a copy of the current U.S. Department of Labor's Wage Determination. This wage federal, state and local labor requirements with the contractor. 5. City agrees to pay Grantee based upon the receipt of request for funds and project expense summary up to 54.4 percent of bidding and construction costs, or $106,000, whichever is less, following Grantee's initial expense incurred for the above- mentioned project. Grantee will make payments in a timely manner to the Contractor as provided in the contract between owner and contractor upon receipt by the Grantee of acceptable certificates of payment previously approved by the Architect employed for this purpose, or the project manager. In the event Grantee has not used the entire funded amount upon the completion of this project, Grantee shall refund City that unused portion within 30 days of the completion of this project. 6. During the period of construction the City agrees to assume responsibility for contractor's compliance with all labor standards provisions applicable to the Community Development Block Grant Program. City shall certify on each periodic request for payment that all labor standards provisions have been satisfied by contractor. 7. Grantee agrees to submit all documents relating to its ownership or right to occupy the hereinabove described structure for approval by the City within ten (10) days after the date of execution of this contract. 8. As soon as practical after execution of this agreement, Grantee agrees to consult with an Architect or other individual qualified to develop general constructions criteria prior to development of any plans or drawings. The construction drawings or specifications and all related documents shall be submitted to established by said program, including those assurances and conditions which are included as Part II of this contract and hereby adopted for all purposes. Such rules and regulations shall be made a part of the contract between the Grantee and the Contractor. Grantee agrees that use of this structure shall be devoted primarily to low and moderate income individuals. 10. Grantee further agrees to make its books and records available for inspection by any representative of the City that City may determine at any mutually convenient time. Grantee also agrees to provide City with such reports as the City may from time to time require as proof of Grantee's compliance with any and all terms and conditions of the contract. All reports or other communications relative to this agreement shall be addressed to the Community Development Administrator or to a delegate expressly named by her. 11. The Grantee agrees to occupy and maintain the structure and grounds in good condition for a period of not less than five (5) years from the date of City acceptance of the construction work. The maintenance of the structure and grounds will be at the Grantee's expense and not at the expense of the City of Lubbock. The Grantee further agrees to maintain adequate insurance on the existing structure and additions for a period of not less than 5 years. 12. In the event that the Grantee vacates or abandons the structure for any reason during this period, the Grantee shall reimburse the City that sum of money expended by the City in connection with the construction of the improvements provided for in the agreement, including but not limited to, payments for the preparation of plans and specifications, actual construction and supervision cost. The City's right to reimbursement shall be said structure, or by the negligence of its agents or employees, and Grantee shall give to City prompt and timely written notice of any claim instituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect City and City shall have the right to compromise and defend same to the extent of its own interests. 14. No officer or employee of the City; no member of its governing body; and no other public official of the governing body of the locality in which the project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project shall participate in any decision relating to this agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. 15. 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 herefrom. 16. The Grantee shall not assign, sell or transfer any interest in this contract without the prior written consent of the City thereof. 17. For purposes of determining venue and the law governing this agreement, activities performed under this agreement are performed in the City and County of Lubbock, State of Texas. 18. This agreement contains the entire agreement of the parties. 19. None of the services covered by this agreement shall be subcontracted without the prior written consent of the City. ATTEST: ;Ranette Bo City Secretary APPROVED AS TO CONTENT: Sandy Ogl*treef Community Development Administrator APPROVED AS TO FORM: Harold Willard, Assistant City Attorney WELL BABY CLINIC OF LUBBOCK, TEXAS Mark Dozier President