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HomeMy WebLinkAboutResolution - 1863 - CD Funding Agreement - Day Care Association - Structure Modifications, 2509 Elm - 11/08/1984MH:da RESOLUTION Resolution #1863 November 8, 1984 Agenda Item #22 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 Community Development Funding Agreement/Contract for Structure Modifications between the City of Lubbock and the Day Care Association of Lubbock, 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 8thday of November , 1984. ATTEST: ALAN 4INRYp MAYOR , pity Secretary APPROVED AS TO CONTENT: Sandy Oglettke, C munity Development Coordinator APPROVED AS TO FORM: Mic ele Hart, Assistant City Attorney COMMUNITY DEVELOPMENT FUNDING AGREEMENT/ CONTRACT FOR STRUCTURE MODIFICATIONS BETWEEN THE CITY OF LUBBOCK AND THE DAY CARE ASSOCIATION OF LUBBOCK STATE OF TEXAS § COUNTY OF LUBBOCK § This agreement is entered into this X,61— day of 19_Zybetween the City of Lubbock, Texas, a home rule municipal corporation, hereinafter called "City" and the Day Care Association of Lubbock, a charitable association hereinafter called "Association". 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 Association is a non-profit association offering child care services to lower and moderate income working families who are in need of such services by operating day care centers; and WHEREAS, the services provided by the Association 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 day care center by the Association to be a public purpose; and WHEREAS, the Association 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 sufficient assurance that the public purpose will be accomplished; the City Council has found that the Association has the special expertise, knowledge and experience necessary for the operation of a day care center and that the City will receive adequate consideration in the form of substantial public benefit; and WHEREAS, the City desires to contract with the Association to make available assistance for the construction of an addition to the Carver Heights Day Care Center, completion of a new parking lot and renovation of the playground. NOW THEREFORE, the City and the Association do hereby mutually agree as follows: 1. The assistance made available through this contract shall be used by the Association solely for the purpose of constructing a 470 square foot addition to the existing struc- ture, completion of a new parking lot and renovation of the playground area of the Carver Heights Day Care Center located at 2509 Elm and further being described as Lots 11, 129 13, 14 & 159 Block 30, Original Town of the City of Lubbock; Lots 5 & 6, Block 37, Wheelock Second Addition to the City of Lubbock, Lubbock County, Texas, for the use and occupancy by the Association as a day care center for children of lower and moderate income working families. Assistance to be provided for the addition will be limited to that work, which in the opinion of an architect employed by the City, is required to construct the addition to the existing facility. The assistance shall also be used to pay costs incurred by the City for preparing plans and specifications, securing competitive bids and monitoring the progress of the project. 2. The City agrees to provide the Association assistance from Department of Housing and Urban Development funds in an amount not to exceed $60,000. It is understood and hereby agreed that it shall be the responsibility of the Association to perform and do the activities set forth in this agreement as considera- tion for the funds secured and provided by the City hereunder. 3. City agrees to solicit for construction work through the competitive bid process. Prior to award of the contract to the lowest responsible bidder, City will obtain a contractors 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 City agrees to secure professional assistance as needed in the preparation of plans and specifications for the work to be undertaken. City will secure all professional services through a negotiation process. 4. City will make payments in a timely manner to the Contractor as provided in the contract between owner and contrac- tor upon receipt by the City of acceptable certificates of payment previously approved by the Architect employed for this purpose. 5. 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. 6. Association 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. 7. As soon as practical after execution of this agreement, Association agrees to consult with the Architect employed to develop general constructions criteria prior to development of any plans or drawings by Architect. Said construction criteria shall be submitted to the City for approval prior to development of any drawings or specifications. 8. It is expressly understood by Association that this assistance is made available as part of City's Community Develop- ment Block Grant Program, and as such, the activities undertaken must comply with all of the rules and regulations established by said program, including those assurances and conditions which are included as Part II of this contract and hereby adopted for all purposes. Association agrees that use of this structure shall be devoted primarily to assist low and moderate income individuals. 9. The Association agrees to develop and maintain a mechanism to provide affordable child care service to low or moderate income persons. 10. Association will be required to maintain client records which indicate the herein described day care center will princi- pally directly benefit persons of low and moderate income. 11. Association further agrees to make its books nd records available for inspection by any representative of the City that City may determine at any mutually convenient time. Association also agrees to provide City with such reports as the City may from time to time require as proof of Association'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 Coordinator or to a delegate expressly named by her. 12. The Association agrees to occupy and maintain the structure and grounds in good condition for a period of not less than ten (10) years from the date of City acceptance of the construction work. The maintenance of the structure and grounds will be at the Association's expense and not at the expense of the City of Lubbock.' The Association further agrees to maintain adequate insurance on the existing structure and additions for a period of not less than 10 years. 13. In the event that the Association vacates or abandons the structure or changes the use of the structure for any reason during this period, the Association shall reimburse the City that sum of money expended by the City in connection with the con- struction of the addition and 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 calculated on the basis of the aggregate cost amortized over a period of ten (10) years. 14. Association agrees to indemnify and hold the City harmless from and against all liability for injuries or death to persons, or damage to property caused by Associations use or occupancy of said structure, or by the negligence of its agents or employees, and Association 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 some to the extent of its own interests. 15. 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. 16. 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. 17. The Association shall not assign, sell or transfer any interest in this contract without the prior written consent of the City thereof. 18. 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. 19. This agreement contains the entire agreement of the parties. 20. None of the services covered by this agreement shall be subcontracted without the prior written consent of the City. IN WITNESS WHEREOF, the City and the Association have executed this agreement as of the first day above written. ATTEST: 4ant-ea-�oyd, C ty Secretary APPROVED AS TO CONTENT: Sandy UgletXpe, i7ommunity Development Coordinator APPROVED AS TO FORM: i e Glisar, s ant City Attorney CITY eE!NR BBOCK A YOR DAY CARE ASSOCIATION OF LUBBOCK Part II - Terms and Conditions 1. Termination of Contract for Cause. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the City of Lubbock hereinafter referred to as the "City", shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Contractor under this Contract shall, at the option of the City, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. Notwithstanding the above, the Contractor'shill not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Contractor, and the City may.withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the City from the Contractor is determined. 2. Termination for Convenience of the City. The City may terminate this Contract any time by a notice in writing from the City'to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made: Provided, however, that if less than sixty per cent of the services covered by this Contract have been performed upon the effective date of such termination," the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual -out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Section 1 hereof relative to termination shall apply. 3. Changes. The City may, from time to time; request changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the City and the Contractor, shall be incorporated in written amendments to this Contract. 4. Personnel. a. The Contractor represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the City. b. All the services required hereunder will be performed by the Contractor or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. c. No person who is serving sentence in a penal or correctional institution shall be employed on work under this Contract. 5. Anti -Kickback Rules. Salaries of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of labor pursuant to the "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; title 18 U.S.C., section 874; and title 40 U.S.C., section 276c). The Contractor shall comply with all applicable "Anti -Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under this Contract to insure compliance by..subcontractors with such regulations, and shall be responsible for the submission of affidavits required of subcontractors thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof. 6. Withholding of Salaries. If, in the performance of this Contract, there is any underpayment of salaries by the Contractor or by any subcontractor there- under, the City shall withhold from the Contractor out of payments due to him an amount sufficient to pay to employees underpaid the difference between the salaries required hereby to be paid and the salaries actually paid such employees for the total number of hours worked. The amounts withheld shall be disbursed by the" City for and on account of the Contractor or subcontractor to the respective employees to whom they are due. 7. Claims and Disputes Pertaining to Salary Rates. Claims and disputes pertaining to salary rates or to classifications of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be promptly reported in writing by the Contractor -to the City for the latter's decision which shall be final with respect thereto. 8. Equal Employment Opportunity. During the performance of this Contract, the Contractor agrees as follows: a. 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; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship_ The Contractor agrees to post: in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting fQrth the provisions of this nondiscrimination clause. b. 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. c. The Contractor will cause the foregoing provisions to be inserted in all subcontracts.for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing pro- visions.shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 9. Discrimination Because of Certain Labor Matters. No person employed on the work covered by this Contract shall be discharged or in any way dis- criminated against because he has filed any complaint or'instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his employer. 10. Compliance With Local Laws. The Contractor shall comply with all applicable laws, ordinances, and codes of the State and local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by this Contract. 11. Subcontracting. None of the services covered by this Contract shall be subcontracted without the prior written consent of the City. The Contractor shall be as fully responsible to the City for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions.of persons directl9 employed by him. The Contractor shall insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of this Contract. e � s 12. Assignability. The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment o- avvacion) without the prior written approval of the City: Provided, however, that claims for money due or to become due the Contractor from the City under this Contract may be assigned to a bank, trust company, or other financial institution, or to a Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. 13. Interest of -Members of City. No member of the governing body of the City, and no other officer, employee, or agent of the City who exercises any functions or responsibilities in connection with the carrying out of the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. 14. Interest of Other Local Public Officials. No member of the governing body of the locality in which the Project Area is situated, and no other public official of such locality, who exercises any functions or responsibilities in the review or approval of the carrying out of the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. 15. 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 Contract or to any benefit to arise herefrom. 16. Interest of Contractor. The Contractor covenants that he presently _ has`no interest and shall not acquire any interest, direct or indirect, in any of the above-described Project Areas or any parcels therein or any other intLrest which would conflict in any manner or degree with the performance of,his services hereunder. The Contractor further covenants that in the per- formance of this Contract no person having any such interest shall be employed. 17. Findings Confidential. All of the reports, information, data, etc., prepared or assembled by the Contractor under this Contract are confidential and'the Contractor agrees that they shall not be made available to any indi- vidual or organization without.the prior written approval of the City. U. S. Department of Housing and Urban Development HUD -621B Renewal Assistance Administration (2-69)