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.
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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