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HomeMy WebLinkAboutR86-950RESOLUTION NO. R86-950 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS AUTHORIZING IT'S MAYOR TO EXECUTE AN INTERLOCAL GOVERNMENTAL COOPERATION CONTRACT FOR SERVICES FROM THE SOUTH PLAINS ASSOCIATION OF GOVERNMENTS AS IT PERTAINS TO THE DEPARTMENT OF COMMUNITY AFFAIRS GRANT. WHEREAS, the City of Plainview Department of Community Affairs grant and; has been awarded a in order to assist MMS, Texas Inc. WHEREAS, the City of Plainview wishes to contract out the Administration of said grant and; WHEREAS, the South Plains Association of Governments has indicated their desire to provide those Administrative services and; WHEREAS, a copy of the Interlocal Governmental Cooperation Contract is attached and made a permanent part of this resolution. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Plainview, Texas that the Mayor is hereby authorized to execute the attached Interlocal Governmental Cooperation contract, between the City of Plainview and the South Plains Association of Governments calling for the Administration of a Texas Department of Community Affairs grant. PASSED AND APPROVED this 14th day of January, 1986, by vote the City Council, of the City of Plainview, Texas. of ATTEST: WALTERSS. DODSON, City ~ler~ tNTERLOCAL GOVERNMENTAL COOPERATION CONTRACT FOR ADMINISTRATIVE SERVICES THE STATE OF TEXAS CITY OF PLAiNVIEW AGREEMENT FOR SERVICES This Agreement is made and entered into this day of , 198 by and between the City of Plainview, Texas and South Plains Association of Governments, a political subdivision of the State of Texas organized under Article 101!m. Vernon's Annotated Texas Statutes, acting by its duly authorized executive director, hereinafter referred to as "SPAG". WHEREAS, both parties to this Contract are local governments as defined by Article 4413 (32c), Vernon's Annotated Civil Statutes, and this Contract is entered into under the provisions of said Article which is commonly referred to as The Interlocal Cooperation Act; WHEREAS, SPAG has services and professional administrative expertise needed by the City of Plainview and desires to make such services available to the City of Plainview under the following terms and conditions; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties, agree as follows: SPAG agrees to provide the administrative functions, as described in Parts I, II, and III of this agreement, for the City of Piainview, pursuant to 1985, Texas Economic Developmer~t Program Contract r~umber __, which is attached to this agreement as Exhibit A. PART I A. Pro._ram Setup Contract Approval/De~oository and Authorized Signatory Designation and Establishment of Project Files ~a. review contract between City of Plainview and Texas Depart- merit nf Community Affairs and secure proper signatures b. assure the desi gnat inn of a depnsitory and obtain a bank signature card i c, f 8 c. assure the desi gnat inn of an ind° ' ' I authorized lVl~Ua _ recluest funds, submit c, ayment vouchers an~ submit budget ac~justments to Texas Department c,f Community ~ffairs - d. establish the foiiowin0_ ,ornnram-.~ and .0roject files: application, SPAG and Texas Department of Community Affairs contracts, financial ~anagement, project monitoring, citizen participation, equal opoortunity, labor standards~ environmental review record, audit~ monitoring a'~d inspection, pro...lect closeout, general correspondence and other necessary project files. Envirc, nmer, tal Review Process a. assure the City ,c,f Plainview designates a certifying officer wh,:, will be responsible for the environmental re- view of the prc,.]ect b. establish and mair, tain the Environmer, tat Review Record file c. prepare the environmental assessment d. prepare necessary public notices regardino environmental review requirements - e. prepare request for release of funds f. prepare the certification of environmental compliance Assure compliance with Texas Department of Community Affairs contract conditions Assure compliance with requirements for Minnrity owned, Female owned, and Local Businesses and Equal Employmer, t Opport ur, i t y Establishment of Financial Management Procedures a. assure the City ,:,f Plainview develops and maintains cash receipt and disbursement journals, a general ledger and a federal cash control register b. prepare monthly financial status reports c. review all vouchers and invoices d. prepare necessary request fnr payment fnrms fr,z,m Texas Department of Community Affairs 2 o f 8 '2. PART ii A. Property Ac0uisitior, assL~re c,z,r,]Diiance with Texas Econ,zm]ic Deveic, pr~er:~ regulati,z,r~s regarding the ac~uisiti-,r, ,:,f any necessary ease-- a~en'bs ,-,r c, ther prnpe'rty rights Progress Monitoring and Progress Pay~ents upnn receipt c,f requests 'For partial baymer, t, check equal oppc, rtunity and labor standards cc, moi iance files 'bo ensure that all payrc, lls are in order PART Iii A. Inspection, Acceptance, Pro~ect Cioseout and Final Payment 1. Arrange for Final Pro3ect inspection and Notify Texas Depart- ~ent of Community Affairs 2. Notify the City of Plainview when Final Payment is in order 3. Preparation of Performance Report 4. Assist the City of Plainview in Securing Required Audits 5. Preparation of Close-Out For~s Required by Texas Department of Community Affairs PART IV In consideraiton of the services described in the foregoing para- graph which are to be rendered by SPAG to the City of Plainview, the City of Plainview agrees to pay SPAG $9~000 including audit and appraisal fees not to exceed an accumulative cost of $1,500 under the following progress schedule: 1. Sixty (60) percent of the contract su~ to be paid upon comple- tion of the services listed under PART I of this contract. The City of Plainview shall pay SPAG within 30 days upon receipt of billing. 2. Thirty five (35) percent of the contract sum to be paiO upon completion of the services listed under PART Il of this con- tract. The City of Plainview shall pay SPAG within 30 days upon receipt of biliing~ 3 of 8 J~. Five (5) _nercent ,:,f the cc, ntract sum t,:, be paid upc, r~ c,z, mpte- tior, c,f the services listed under PART Iii ,:,f this c,:,ntract. The City of Plainview shall pay SPAG within 30 days upon receiot of biilinm. R it further r,c, ted that the City ,-,f Piair, view shall receive ail ~e funds frcm~ the Texas Department of Community Affairs oertaining t,:. this project and shall be reso,z, nsible for the depn~sit, dis- bursemer, t, and manameme:~,t of such funds. PART V During the perf,:,rmar, ce of this agreemer, t, SPAG agrees as follows: SPAG will not discriminate against any employee or applicant for e~,~ployment because ,z,f race, creed, sex or national origin. SPAG will take affirmative action to er, sure that applicants are employed, ar, d that employees are treated during employ-- merit, without regard to their race, creed, sex, color, or national origin. Such action shall include, but are not li~,~ited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment a~vertising~ layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. SPAG will, in all solicitations or advertisements for em- ployees placed by or on behalf of SPAG~ state that all quali- fied applicants will receive consideration for employment without regard to race, creed, color, sex, or national origin. SPAG will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and re- levant orders of the Secretary of Labor. SPAG will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, arid will permit access to its books, records, and accounts by tine City and the Secretary of Labor for the pur- poses of invest igatior, to ascertain ccm~pllar~ce with such rules, regulations and orders. In the event of SPAG's r,_-,n-compiiance with this Agreement or with any rules, regulations or orders, this Agree~ent ~ay be cancelled, terminated, or suspended in whole or in part and SPAG may be declared ineligible for further government cc.r~-- tracts in accordance w~th prncedures authorized in Executive Order 11246 of September 24, 1965, or by rule, otherwise pro- vided by law. 4 of 8 PART A. Civil Riutnts Act of 1964 Durin~ the perforr,~.ance of this Agreer~ent, SPAG agrees as folic, ws: Under Title Vi of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from ~artici~ation in, be denied the benefits nf. ~,~ be subjected to discrimir, ation under any orc, 0ram or activity receivimo federal financial assistance. PART Vii A. Section 109 of the Hc, usir, g and Cc, m~unity Deve!op~ent Act of 1974 During the performance of the Agree.~:~ent, SPAG agrees as follows: No oerson in the United States shall, on the ground of race, color, national origin, or sex, be excluded from participa- tion in, be denied the benefits of, or be subjected to dis- crimination under any progra~ or activity funded in whole or in part with funds made available under this title. "Section 3" Ccm~liardce_.i~ the Provision of Training~ E~lc_,v~erdt__ardd_ Bus i ness _O~port un i t i es a. The work to be performed under this Agreement. is on a pro- ject assisted under a program providing direct federal financial assistance fro~ the Department of Housing a~d Urban Development Act of 1968, as amended, 12 U.S.C., ~l?Olu. Section 3 requires that to the greatest extent feas- ible, opportunities for training and e~ployment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to busi- ness concerns which are located in, or owned in substantial part by persons residing in the area of the project. b. The parties to this Agree~'~ent will comply with the provisions of said Section S and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 DFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this Agreement certify arid agree that they are under no contrac- tual ,z,r other disability which would prevent them from ccm~- plying with these re~uire~ents. 5 of 8 The Contractor will send t,-, each iab,-,r or0anization or re- presentative ,-,f w,z, rkers with which he has a c,z, llective ba~-- gainin!g agreemerF~ nr other contract or understanding, if any, a nntice advisir, g the said labor or0ar, izati,z,n or workers' representative of his ccm~mitments under this Sectior' 3 clause ar'd shall post cc, pies of the r, otice ir, c,z~nspicuous o!aces available tr, employees and a~licants fnr employment or training. d. The Contractnr will include this Section 3 clause in every subcontract for work in connect ic~r~ with the project and will, at the direction of the applicant for or recipient of federal financial assistance, take appropriate action pur- suant to the subcontract upon a finding that the subcon- tractor is in violation of regulations issued by the Secretary of Hc. using and Urban Develooment, 24 CFR Part 135. The Contractor will not subcontract with any subcon- tractor where it has notice or knowled0e that the latter has been found in violation of re~u!ations under 24 CFR Part 135 and will not let any subcontractor unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e. Compliance with the provisions of Section S, the regula- tions set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assist- ance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors a~d assigns to those sanctions specified by the grant or Ioan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. PART VIIi A. Period of Agreement, Agreement Termir, atior, and Cnntract Representative Both parties agree that it is intended that all performances ur'der this agreement are to be accomplished by , unless amended by mutual agreement between the parties. tn any event it is understood and agreed that SPAG shall be paid for performances rendered under this .agreement. This Agreement may be terminated by either party upon ~thirty (30) days notice in writ ir, g. Upon such termir.atior~, SPAG shall be oaid any outstanding s,.L~,~s due up to that date within thirty (30) days of said termination. 6 c,f 8 SPAG hereby designates as its Contract Representative with the City of Plainview its Executive Director. Ali wo'~k o-~~ other cc, r~r~ur~ications relative '.to this F~reer~ent should be addressed to the Executive Director or to a delegate expressly by the Executive Director. it is expressly understood and agreed by ti~e pa-~ties he.~eto that they are ir~deoendent contractors.; and that nothing contained here- in should be construed as giving rise ~'to a partr, ership c,r .]c~int vent L~re. It is further exoressiy understoc, d and agreed by the parties here- to that the only re~,~edy in the event of breach of the ter~,~s of this agree~,~ent shall be termination of the agree~',~ent in accordance with mrovisions of Par~t VIii, Section 2, above. SPAG shall give the United States Departn~ent of Housing and Urban Develop~ent, the Inspector General, the Co~ptroller General of the United States, the Auditor of the State of Texas, and Depart~ent, or any of their duly authorized representatives, access to and the right to exa~'~ine all books, accounts, records, reports, files and other papers, things, or property belonging to or in use by SPAG or pertaining to this contract. Such rights to access shall con- tinue as long as the records are retained by SPAG and SPAG agrees to ~,~aintain such records in an accessible location. The parties signatory hereto on behalf of SPAG and on behalf of the City of Plainview hereby individually certify that each autho- rized to execute this agreement on behalf of his/her respective organization. This agree~,~ent constitutes the entire agree~,~ent between the parties relating to the rights herein granted and obli_~ations herein assur~ed. Any oral representations or ~nodifications con- cerning this instru~ent shall be of no force or effect excepting a subsequent ~odification in writing, signed by the party to be charged. 7 ,-,f 8 5O Execrated in Triolicate this ~ a y o f , 19 City of Piainview BY: AUTHORIZED CONTRACTOR~SiGNATURE REVIEWED: SPAG DIRECTOR OF FINANCE Approved and accepted or~ behalf of South Plains Association of Gove'r rm~e nt s Jerry D. Cassteve~s, EXECUTIVE DIRECTOR 8 of 8