Loading...
HomeMy WebLinkAboutRES 95-199 RESOLUTION NO. 9-5--1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into a one (1) year $50,000 capital improvement contract with the downtown YWCA. The contract is substantially in the form attached hereto as Exhibit A. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1995. v - MAYOR - CITY OF BEAUMONT, TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT AGREEMENT This Grant Agreement is made by and between the City of Beaumont, Texas and the Downtown YWCA (the Grantee) pursuant to the authority of Resolution , passed by the Beaumont City Council on August 8, 1995. The Grantee's submission for Public Facility and Improvements funds under 24 CFR Part 570 (as now in effect and as may be amended from time to time) , are incorporated by reference, and constitute part of the agreement. In reliance upon and in consideration of the mutual representations and obligations hereunder, City of Beaumont and the Grantee agree as follows: Subject to the provisions of this Grant Agreement, the City of Beaumont will make the funding assistance available to the Grantee upon execution of the Agreement by both parties. This assistance will be funded in whole by the U. S. Department of Housing and Urban Development, Community Development Block Grant Program B-94- MC-48-0003. Funding for this project will not exceed $50,000 (fifty thousand dollars) . The utilization of the funding assistance provided is subject to the requirements of all federal, state and local laws, ordinances, rules and regulations. EXHIBIT "A" 1. Statement of Work The Grantee, located-.at 660 Calder, shall use the funds ($50, 000) for renovation to a facility that will house battered low income women and their children. The scope of work includes repair of boiler ($18, 000) , repair of elevator ($27, 000) , and ADA requirements ($5,000) . The Grantee shall provide to the City of Beaumont an itemized budget detailing the expenditures and encumbrances. Reports will be due 90 days after execution of this agreement. 2. RECORDS AND REPORTS The Grantee shall submit to the City of Beaumont and maintain documentation that reflects the race, ethnicity, age, sex, family size and income status of the beneficiaries served. Reports will be due on November 30, 1995. Failure to submit said records may jeopardize funding. 3. PROGRAM INCOME The Grantee agrees that any program income on hand, after the agreement expires, shall be returned to the City of Beaumont. 4. UNIFORM ADMINISTRATIVE REQUIREMENTS Grantee agrees to comply with the applicable requirements and standards of (24 CFR Part 85) "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, " said provisions being incorporated herein by reference. S. OTHER PROGRAM REQUIREMENTS The Grantee agrees to comply with all applicable Federal laws and regulations described in Subpart K of (r4 CFR 570.600) , said provision being incorporated herein ry referenced. 6. COITDITIONS OF RELIGIOUS ORGANIZATIONS Not applicable. 7. SUSPENSION AND TERMINATION The Grantee agrees and understands that, in accordance with 24 CFR 85.43 of Subpart K, incorporated herein by reference, suspension or termination of the grant may occur if the Grantee fails to comply with any term of this agreement or federal state and local laws, ordinances, rules and regulations. The Grantee further agrees and understands in accordance with 24 CFR 85.44 of Subpart K, incorporated herein by reference, that the grant award may be terminated for convenience. The Grantee further understands that all grant monies shall be expended on or before February 28, 1996. 8. REVERSION OF ASSETS Upon expiration of the grant, the Grantee agrees to and shall transfer to the City of Beaumont any grant funds on hand and any accounts receivable attributable to the use of grant funds. 9. DISBURSEMENT Disbursement of grant funds will follow City procedure on City checks payable to Grantee or a vendor which has been approved by the Grantee and the City. Grantee will submit invoices, canceled checks, payroll records, service contracts or other necessary support documentation as requested by the City, to insure that expenses outlined in paragraph 1 , (Statement of Work) have been incurred. 10. INDEPENDENT CONTRACTOR Grantee shall operate hereunder as an independent contractor and i not as an officer, agent, servant or employee of the City. Grantee shall have exclusive control of the program/work and all persons involved in same subject only to the terms of this contract and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, sub-contractors, program participants, licensees and invitees. It is expressly understood and agreed that no officer, member, agent, servant, employee, sub-contractor, licensee or invitee of Grantee nor any program participant hereunder is in the paid services of the City and the City does not have legal right to control the actual program/work funded hereunder. 11. LOSS, DAMAGE, PERSONAL INJURY Grantee covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City and its officers, agents, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death to any and all persons, or whatever kind of character whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or non-performance of this contract and agreement and/or the operations, activities and services of the program described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, or sub-contractors of the City. 12. MISUSE, MISAPPROPRIATED, MISAPPLIED In the event it is determined that the Grantee has misused, misapplied or misappropriated all or any part of the grant funds described herein, Grantee agrees to indemnify, hold harmless and defend the City and its officers, agents, servants and employees from and against any and all claims or suits resulting from such misuse, misapplication or misappropriation of such funds, and to reimburse the City the amount of such money misused, misapplied or misappropriated. 13. CONFLICT OF INTEREST No officer, employee, member or program participant of Grantee or its contractors or sub-contractors shall have a financial interest, direct of indirect, in this contract or the monies transferred hereunder, or be financially interested, directly or indirectly, in the sale to Grantee of any material or services purchased with any funds transferred or expended hereunder. Any violation of this paragraph with the knowledge, expressed or implied, of Grantee or its contractors or sub-contractors, shall render this contract voidable by the City of Beaumont. 14. INVALID REPRESENTATION The provisions of the agreement are severable, and if for any reason a clause, sentence, paragraph or other part of this agreement shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect the other provisions which can be given effect without the invalid provision. 15. LABOR STANDARDS The Grantee agrees and understands that, in accordance with 24 CFR 570. 603, incorporated here in by reference, all laborers and mechanics employed by contractors or sub-contractors on construction work financed in whole or in part (in excess of $2,000) with assistance received under Title I of the Housing and Community Development act of 1974, as amended, shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis Bacon act, as amended. Grantee also agrees to have Constructors or Sub-Contractors comply with all Labor Standard Provisions. (See Attached Federal Wage Determination and Labor Standard Provisions) 16. PERFORMANCE The failure of the city to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the -CityIs right to assert or rely upon any such term or provision on any future occasion. 17. INSTRUMENT This written instrument constitutes the entire agreement by parties hereto concerning the matters performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof are void. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Beaumont, Jefferson County, Texas, this day of A.D , 19 CITY OF BEAUMONTj, TEXAS: By Attest: Title Date THE GRANTEE: By Attest: Title Date