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HomeMy WebLinkAbout1992-06-08 92-311 ORDERDate June 1. 1992 Item No. Authorizing Agreement with Bangor Housing Hem/Sublept Authority - Community Development Funding of Walkways Resparuibls Deportment Community 6 Economic Development Commentary: The Bangor Housing Authority requested $40,000 of FY 1991 Community Development fonds as part of its program to rebuild and overlay walkways and driveways in Old Capehart. The City Council approved $20,000 as part of the City's application for FY 1991 Community Development funds (funding City Community Development activities from July 1, 1991 to June 30, 1992). no U. S. Department of Housing and Urban Development (HUD), as the federal funding agency, requires the existence of this Agreement between the City and BNA before the City can reimburse BHA. Oeeartm rHmd Manager's Comm ens� b > _ n ap p / :Ir fan a - /,Uq�/ OtP-^ d111p[�/....:. /CD P� Ct r Cify Momger Amosiated lnformatlow 4 �'•r••,n,e'- Budget Approval: a A- Few ,e Ormaor LWI Approval city sakuor Imt ueed For Passage Finn Reading Page—of — ❑Referral if 92-311 Awiped to Comate Blanchette June 8,1992 CITY OF BANGOR (TITLE.) V1ICARCa ......._Authorizing Agreement with Bangor Housing _.. Authority - Community Development Funding of BY dw CRY Cmama of He city ofBaoym: ORDERED, THAT WHEREAS, the City Council of the City of Bangor approved the projected use of $20,000 of Comunity Development funds to rebuild and overlay deteriorated sidewalks add driveways in the Old Capehart public housing neighborhood as part of the City's Final Statsnsnt of Community Development Objectives for FY 1991; and WHEREAS, the U. S. Department of Housing and Urban Development requires the execution of an Agreement between the City of Bangor and the Housing Authority of the City of Bangor before such funds can be expended by the City; HOW THEREFORE, BY THE CITY COUNCIL OF THE CITY OF BANGOR, BE IT ORDERED THAT, the Director of Community Develop- ment is hereby authorized on behalf of the City of Bangor, to execute an Agreement between the City of Bangor and the Housing Authority of the City of Bangor (BRA), a copy of which is on file in the Office of the City Clerk, providing for reimbursement to the BHA from BY 1991 Community Development Block Grant funds for expenditures incurred by the BRA in rebuilding and overlayingdeterioratedwalkways and driveways in the Old Carehart public n using neighborhood bounded generally by Ohio Street, Blue Bill west and Blue Bill East and the Finson and .Davis Roads. 92-311 O R DEP IN CITY COUNCIL June 8, 1992 Title, Passed Authorizing Agreement with Bangor Rovsing ...................................... CITY CLERK Authority - Community Development Funding of Walkways .......... .//................. /.....�....'C........... . L(fw Agoigned to ....... Congo. Councilman - CITY OF BANGOR, MAINE COBHUNITY DEVELOPMENT PROGRAM THIS AGREEMENT HARE THIS _ day of A.O. 1991, by and between the CITY OF BANGOR, a body politic and corporate located in the County of Penobscot, State Of Maine (hereinafter referred to as "City'), and the Housing Authority of the Citv Of Banaor (hereinafter referred to as "Authority" WITNESSETH WHEREAS, the City on the day of , and thereafter has received a Grant under Title I of the Housing and Community Development Act of 1974, said Grant currently designated as B- -MC-23-0004 , and WHESEAS , pursuant to said Grant, the City Is undertaking certain activities and WHEREAS, the City desires to engage the Authority to render certain assistance in such activities; NOW, THEREFORE, the City and the Authority do mutually agree as follows: A. Scone of Services: To rebuild and overlay deteriorated sidewalks and driveways in the Old Capehart public housing neighborhood bounded generally by Ohio, Blue Hill West and Blue Hill East Streets and Pinson and Davie Heads. The City of Bangor will request on a regular basis, quantitative and qualitative information concerning the progress and management of this project. The Authority will be responsible for ensuring that the project director shall provide such information upon request of the City. The Authority understands that performance of the City's obligations under this Agreement are subject to Federal allocation of funds, receipt by the City of such funds, allocation by the City to the purposes set forth herein, and to the termination provisions herein. 9(2 311 B. Records: Records shall be maintained in accordance with requirements prescribed by the City and by the Department of Housing and Urban Development (hereinafter 'HUD') with respect to all matters covered by this Agreement. except as otherwise authorized by the City, such records shall be maintained for a period of three years after receipt of the final payment under this Agreement. Records shall include but not be limited to all third party agreements, contracts and subcontracts; payrolls, monthly utilization reports and certifications; RFPs; bid documents, published ads and notices; statements, invoices, vouchers and payment records; audits; internal progress reports and monitoring reports. At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and information, as the City my request pertaining to matters covered by this Agreement. The final report of expenses incurred under this Agreement will be submitted to the City within 30 days after the termination date of the Agreement. At any time during normal business hours and as often as the City or HUD may deem necessary, there shall be made available to the City or HUD for examination all of its records with respect to all matters covered by this Agreement and will permit the City or BUD to audit, examine antl make excerpts, copies o transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement antl related subcontracts and subgrantees. The City reserves the right to withhold final payment under the Agreement to the Authority for Grant expenditures until the results of the Authority project final audit are complete and found to be satisfactory to the city. C. Conflict of interest, No officer, official, or employee of the City of Bangor, its designees or agents, who exercises any functions or responsibi- lities with respect to the program during his/her tenure or for one year thereafter, shall have any Interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement; and the Authority shall take appropriate steps to assure compliance. 923 Jt. D. Assurances: 1. The Authority will comply with Title VI of the Civil Bights Act of 1964, codified in United States Code Title 42 52000 (d), and Title VIII of the Civil Bights Act of 1968, and Section 109 of the Housing and Community Development Act of 1974, and in accordance therewith, no person in the United States shall, on the ground of race, color, national origin, religion, age, sex, handicap or familial status be excluded from participation in, be denied the benefits, or be Subjected to discrimination under, any program or activity funded in whole or in part with the Community Development funds or any other Federal financial assistance. The Authority will immediately take all legal measures necessary to effectuate this Agreement. 2. The Authority will comply with Section 3 of the Housing and Urban Development Act of 1968, as amended; and in accordance, in all work made possible by or resulting from this Agreement, affirmative action will be taken to ensure that residents (preferably lower income) of the City of Bangor are given maximum opportunities for training and employment and that business concerns located in or owned in substantial part by residents of the City of Bangor are to the greatest extent feasible, awarded contracts. E. Political Activity Prohibited - Batch Act Neither The Community Development funds provided under this Agreement, nor the Community Development funded personnel employed in the administration of this program shall be in any way or to any extent engaged in the conduct of political activities in contravention of Chapter 15 of Title 5, United States Code. F. Lobbvina Prohibited: None of the funs provided under this Agreement shall be used for publicity or propaganda purposes designed to support to defect legislation pending before the Congress, State Legislature, and/or the Bangor City Council in accordance with the May 29, 1984 revision to OMB Circular - A-122, "Cost Principles for Non-profit Organisations - Lobbying^. The Authority agrees to comply with the conditions prescribed by HDD for the use of CDBG funds as they pertain to lobbying as set forth in Exhibit B which is attached hereto. 924 311 G. Insumancei The Authority will obtain and maintain, at all times during the term of this Agreement, pubic liability insurance in an amount of at least $300,000 single limit liability protecting the Authority and the City from any and all claims for personal o bodily injury, death, and property damage arising out of the performance of this Agreement. 2. TE z The Authority's performance of this Agreement shall be completed not later than done 30, 1992 unless extended by agreement of the parties in written amendment executed prior to said termination date. 3. EEPENDITORES: It is expressly understood and agreed that in no event will the total amount to be paid by the City to the Authority under this Agreement exceed $ 20.000.00 , for full and complete satisfactory completion of work provided for in paragraph 1.A. above. Such funds will be made available by the City to the Authority on satisfactory completion of work provided for under this Agreement. procedures for such misbursements shall be in accordance with applicable rules and regulations imposed by the City. 4. INDEMNIFICATION: The Authority will indemnify and held harmless the City from any and all losses, claims, expenses, actions, cause of action, costs, damages and obligations caused by the negligent acts or omissions and/or any violation of applicable law or regulations by the Authority, its officers, employees, agents, applicants or beneficiaries, contractors, sub -contractors, and consultants excepting such losses, claims, expenses, actions, causes of action, or the violation of applicable law or regulation by the City, its officers, employees, or agents. For purposes of this Agreement any officers, employees agents, applicants or beneficiaries of the Authority act in an independent capacity and are not officers or employees or agents of the City. 5. TERMINATION OF AGREEMENT: A. Termination of Agreement for Cause: If, through any cause, the Authority shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Authority shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the Authority of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all records, assets, property and documents of any nature, prepared or purchased by the Authority under this Agreement shall, at the option 5 of the City, become its property and the Authority 92 311 shall be entitled to receive just and equitable compensation for any work satisfactorily completed prior to the date of termination. Notwithstanding the above, the Authority shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Authority, and the City may withhold any payments to the Authority for the purpose of setoff until such time as the axact amount of damages to the City from the Authority is determined. N. Termination for the Convenience of the City: The City may terminate this Agreement at any time for any reason, including a decision by the City Council to allocate funds allocated hereunder to other uses, by giving at least thirty (30) days notice in writing to the Authority and specifying the reasons therefor if the Agreement is terminated by the City as provided herein, the Authority will be paid an amount which bears the same ratio to the total dollars allocated under this Agreement, as the Authority's performance, up to the date of notice, bears to the total performa�e required under this Agreement; plus an additional cannot for actual expenses incurred in performance during the period after notice and prior to the effective date of termination, not to exceed one/twelfth of the total dollars allocated under this Agreement. C. Notwithstanding the foregoing, the City retains all rights to suspend or terminate this Agreement for cause or convenience pursuant to 24CFR 85.43 and 24 CFR 85.44. 6. OPERATING PROCEDURES: The Authority agrees to Comply in all respects with all of the duties, responsibilities and requirements imposed by this Agreement, and by the City, HUD and other agencies of the United States which are now in existence or may, from time to time, be promulgated during the term of this Agreement or any extension hereof. without limiting the foregoing, the Authority specifically agrees to comply with the following HUD regulations: A. In the event that the CITY or HOD determines program income as defined in 24 CFR 510.500(a) has been directly generated by the activities funded hereunder, said program income shall be within 30 days of receipt by the Authority returned to the CITY pursuant to 24 CPR 570.504(c). B. The Authority shall comply with all Federal laws and 92 31 regulations in 24 CYR Part 570 Subpart A. except that: (i) the Authority does not assume the CITY'S environmental responsibilities described in 24 CPR 570.605; and (ii) the Authority does not assume the CITY'S responsibility for initiating the review process under 24 CFR Part 52. IN WITNESS WHEREOF, the City and the Authority have executed this Agreement as of the date first above written. ATTEST: CITY OF BANGOR: MAINE BY: Rodney G. McKay Community Development Director BANGOR ROUSING AUTHORITY Elate Coffey Executive Director Housing Authority of the City of Bangor Gen.4/BBAAGRR2