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HomeMy WebLinkAbout04-09-09-2d - Resolution - 04/09/2009RESOLUTION NO. 04- 09 -09 -2 d A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING STRONG & SUSTAINABLE NEIGHBORHOODS GRANT PROGRAM. WHEREAS, the City of College Station, Texas, is a home rule municipality duly incorporated and chartered under the Constitution and laws of Texas; and WHEREAS, the City Council of the City of College Station, Texas, desires to strengthen the relationship between the Home Owners' Association and the City; and WHEREAS, the City Council of the City of College Station, Texas, seeks to improve the appearance of city neighborhoods and strengthen neighborhood associations; and WHEREAS, the City of College Station, Texas, has established a "Strong & Sustainable Neighborhoods Grant Program: that has established a grant program providing for a dollar -for- dollar matching grant for up to fifty percent (50 %) of their expenses up to Five Hundred And 00/100 Dollars ($500.00) per application for use by the qualified applicant in the development of their Non - Physical or Community- Building Project; and WHEREAS, the City of College Station, Texas, has established a "Strong & Sustainable Neighborhoods Grant Program" that has established a grant program providing for a dollar -for- dollar matching grant for up to fifty percent (50% of their expenses up to Seven Thousand Five Hundred And 00/100 Dollars ($7,500.00) per application for use by the qualified applicant in the development of their Physical Project; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approves The Strong & Sustainable Neighborhoods Grant Program, attached as Exhibit A. PART 2: That the City Council hereby approves a Funding Agreement Form for the Payment and Use of General Funds for a Strong & Sustainable Neighborhood Grant — Non - Physical and Community Building Projects, attached as Exhibit B. PART 3: That the City Council hereby a proves a Funding Agreement Form for the Payment and Use of General Funds or a Strong & Sustainable Neighborhood Grant — Physical Projects, attached as Exhibit C. PART 4: That this resolution shall take effect immediately from and after its passage. ADOPTED this 9th day of April , A.D. 2009. ATTEST: APPROVED: City Secretary MAYOR Resolution No. 04- 09 -09 -2d (*,, 0 CITY OF COLLEGE ST. r ION Strong & Sustainable Neighborhoods Grant Program Adopted Policies (April 9, 2009) Origin & Purpose The Strong & Sustainable Neighborhoods Grant Program assists associations and neighborhood groups with physical or non - physical and community building projects. This program is a matching grant program between the neighborhoods and the City to accomplish common goals. Program Goals 1. Strengthen & improve neighborhood associations 2. Improve the appearance of city neighborhoods 3. Strengthen the relationship between the HOA and the City government 4. Stimulate inter - neighborhood cooperation 5. Encourage new communities to develop their own neighborhood associations 6. Stimulate interaction between all College Station HOAs /Neighborhood associations Definitions 1. Community - Building Projects - Projects are intended to bring the community together to work on a project. Some examples are a neighborhood clean -up, a drive to increase resident membership or participation in an association, developing a neighborhood newsletter for distribution, community gardens or a neighborhood festival. 2. Subdivision or Neighborhood Gateway — A point of entrance or means of access into either a subdivision or neighborhood marked by plantings and other decorative accents. 3. Subdivision — As defined in the City of College Station Code of Ordinances. The division of a lot, tract, or parcel of land into two or more lots or sites for the purpose of sale, division of ownership, or building development. 4. Neighborhood — An area of a community with characteristics that distinguish it from other areas that may include distinct ethnic or economic characteristics, housing types, schools, or boundaries by physical barriers, such as major highways and railroads or natural features, such as rivers. 5. Association — Homeowners Association or Neighborhood Association as defined in this section. 6. Homeowner's Association (HOA) — An organization comprised of all owners of units, other than a condominium association, in a development in which individual owners share common interests and responsibilities for costs and upkeep of common open space or facilities. EXHIBIT A Resolution No. 04- 09 -09 -2d 7. Neighborhood Association (NA) — An organization made up of residents and property owners within a self - defined boundary, having elected officers and operating under by -laws to fulfill a civic function. 8. Non - Physical Projects - Projects that are intended to strengthen the quality of life and /or integrity of a neighborhood. Some examples are application for a zoning overlay, a training sessions or a workshop. 9. Private Improvement in the Public Ri t -of -Way Permit (PIP) — A permit required by the City of College Station Code of Ordinances for any improvements, as defined by code, that are placed and maintained in the City's right -of -way by a private entity. 10. Physical Projects - Projects that are intended to enhance the physical aspects of a neighborhood. Some examples are beautification projects, landscaping or a tangible building project such as a gateway or entry-way improvement. 11. Right-of-Way — The surface of, and the space above and below a public street, road, highway, freeway, land, path, public way or place, alley, court, boulevard, parkway, drive, or other easement on or hereafter held by the City (including any street, as defined, which is acquired by eminent domain) for the purpose of public travel and shall include other easements or rights -of- way now or hereafter held by the City or in which the City has an interest (including any easements or rights -of -way acquired by eminent domain) which shall, with the proper use and meaning, entitle the City and a utility to use thereof for the purpose of installing facilities and other property as may ordinarily be necessary and pertinent to a utility system. General Provisions 1. No Contract Created by Policy or Application — Neither this policy nor any application for City funds shall constitute a contract that prohibits or restricts the City's right to withhold funds for any proposed grant project. 2. Grant Records — The Planning & Development Services Department staff will maintain all records relating to grant administration. This information is a matter of public record. 3. Amendment of Policies — The policies contained within this document may be changed by the City Council. Changes to this document will be made available to the general public. 4. Location — Physical projects will be allowed on private property. The fee simple owner of said property must grant approval of the project and must sign an agreement to indemnify the City. Physical projects will be allowed in the City right -of -way subject to the requirements of the City of College Station Code of Ordinances and upon approval of a Private Improvement in the Public Right -of -Way Permit. All approvals and permits must be secured prior to initiation of any construction activities. 5. Maintenance — The Association shall have the responsibility to provide for the operation, repair, and maintenance of a physical project funded by the grant whether the grant funds are expended on improvements on common property, private property, public right -of -way, or easement. The City shall have access at any time without liability, when on official business. The City retains the right to remove any obstructions, failed landscaping, or objects in disrepair. In the event the Strong & Sustainable Neighborhoods Grant Program Adopted Policies (April 9, 2009) 2 EXHIBIT A Resolution No. 04- 09- 09-2d City must remove the material funded by the grant, the Association will be assessed all costs of removal. Eligibility All neighborhoods are eligible to apply for assistance through the program. Neighborhood and Homeowners associations that are registered with the City's Neighborhood Partnership Program (NPP) will be given priority status in selection. Neighborhoods that are not a part the NPP are eligible for funds for non - physical and community building projects but not for physical projects including Gateway Grants. The following are ineligible for funding under this program: • Political Campaigning • Alcohol purchases • Maintenance on projects or maintenance related issues • Association business expenses or trips • Individual persons, individual businesses or individual religious organizations • Developers, contractors, and builders Funding 1. Budgeting Funds - City Council will determine the amount budgeted for the Strong & Sustainable Neighborhoods Grant program for each budgeted year. Once budgeted funds are depleted, applications not awarded will be considered void. 2. Physical Projects - Fifty percent (50 %) of the budgeted funds to the grant program will be dedicated for Physical Projects. The maximum amount available for a Physical Project is $7500.00. In -Kind matches (volunteer labor and donated materials /supplies) up to twenty -five percent (25 %) of the neighborhood's match may be allowed in the manner and to the extent provided for by the City. 3. Non - Physical Projects - Twenty -five percent (25 %) of the budgeted funds to the grant program will be dedicated for non - physical projects. The maximum amount available for a Non - Physical Project is $500.00. In -Kind matches (volunteer labor and donated materials/ supplies) may be allowed up to 50% of the neighborhood's match to the extent provided for by the City. 4. Community - Building Projects - Twenty -five percent (25 %) of the budgeted funds will be dedicated for Community Building Projects. The maximum amount available for a Community Building Project is $500.00. In -kind matches (volunteer labor and donated materials /supplies) may be allowed up to 100% in the manner and to the extent provided for by the City. 5. Selection Process - Grant applications will be prioritized by the Neighborhood Services Coordinator with the assistance of staff' from other City Departments as deemed necessary. Applications will be evaluated based on the following criteria: • Registered with the City's Neighborhood Partnership Program (20 points) (Note: this is required for all applications for Physical Projects) • Neighborhood Participation & Involvement (20 Points) • Neighborhood Benefit (20 Points) • Matching donations and volunteer hours contributed towards the event (10 Points) Strong & Sustainable Neighborhoods Grant Program Adopted Policies (April 9, 2009) EXHIBIT A Resolution No. 04- 09 -09 -2d • Project consistency with established Program goals (10 Points) Procedures 1. Application — For consideration of a grant, an application must be submitted to the Neighborhood Services Coordinator in the Planning & Development Services Department on the forms provided by the same by the deadlines established by the Department. 2. Pre - Application Conference — Any party receiving funding for a Physical Project is required to attend a pre - application conference with the Planning & Development Services staff. This meeting will be coordinated through the Neighborhood Services Coordinator. 3. Review and Recommendation — City staff will review applications for completeness and will make funding selections in accordance with these adopted policies. 4. Contract for Funding - Once an award for grant funds has been made; a contract or funding agreement will be issued to the association or group, detailing the use of funds, time lines to complete projects, and other important information. Until a funding agreement or contract is signed by all parties, the City has no responsibility to reimburse the organization for any expenses or funds incurred or spent before the agreement is official, These funds cannot be used to cover past events or expenses. 5. Reimbursement of Funds — The grant program operates through reimbursement. At the completion of the project, paid invoices, receipts, and other required documentation shall be submitted to the Neighborhood Services Coordinator. Upon approval, the Neighborhood Services Coordinator will authorize the issuance of reimbursement. Strong & Sustainable Neighborhoods Grant Program Adopted Policies (April 9, 2009) 4 EXHIBIT A Resolution No. 04- 09 -09 -2d FUNDING AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND [INSERT NAME] FOR THE PAYMENT AND USE OF GENERAL FUNDS FOR A STRONG & SUSTAINABLE GRANT — NON - PHYSICAL AND COMMUNITY BUILDING PROJECTS This Agreement is by and between the City of College Station, a Texas home rule municipal corporation (the "City ") and [INSERT NAME], a [INSERT non - profit corporation; unincorporated association] (the "Grantee "). WHEREAS, the City Council of the City of College Station, through its Neighborhood Partnership Program, is committed to providing opportunities for Neighborhood Associations or Homeowner's Associations; and WHEREAS, the City has established a "Strong & Sustainable Neighborhood Grant Program" that has established a grant program providing for a dollar - for - dollar matching grant for up to fifty percent (50 %) of their expenses up to $500.00 per application for use by the qualified applicant in the development of their Non - Physical or Community- Building Project; and WHEREAS, Grantee has applied for grant funding under the "Strong & Sustainable Neighborhood Grant Program" and has qualified for grant funding for specified projects in Grantee's Neighborhood in the [INSERT NAME]; and WHEREAS, the City has authorized payment of grant fund subject to the Grantee complying with the terms and conditions of this Agreement, the "Strong & Sustainable Neighborhood Grant Program" grant programs, and all applicable statutes, ordinances, regulations, and other law; now, therefore, NOW, THEREFORE, IN CONSIDERATION of the performance of the mutual covenants and promises contained herein, City and Grantee agree and contract as follows: For and in consideration of grant funding in an amount not to exceed FIVE HUNDRED AND NO /100 DOLLARS ($500.00) to be paid to the Grantee as set forth herein, the City and Grantee covenant and agree as follows: ARTICLE I DEFINITIONS 1.1 The term "Grantee" shall mean [INSERT NAME], a Texas [INSERT TYPE OF ENTITY] . 1.2 The term "City" shall mean the City of College Station, in the County of Brazos, and the State of Texas. 1.3 The term "funds" as used in this Agreement shall mean any and all grant money that is received by Grantee from the City pursuant to this Agreement. Contract No. Non- Physical Projects Grant Agreement EXHIBIT B Resolution No. 04- 09 -09 -2d 1.4 The term "Non- Physical Project" shall mean projects that are intended to strengthen the quality of life and /or integrity of a neighborhood. Some examples are application for a zoning overlay, a training sessions or a workshop. The term "Community Building Project' shall mean projects intended to bring the community together to work on a project. Some examples are a neighborhood clean -up, a drive to increase resident membership or participation in an association, developing a neighborhood newsletter for distribution, community gardens or a neighborhood festival 1.5 The term "Strong & Sustainable Neighborhood Program" shall mean a grant program adopted pursuant to City of College Station Resolution No. X -XX- 2009 -XX (insert) 1.6 The term "Subdivision" shall mean division of a lot, tract, or parcel of land into two or more lots or sites for the purpose of sale, division of ownership or building development. 1.7 The term "Neighborhood" shall mean an area of a community with characteristics that distinguish it from other areas and that may include distinct ethnic or economic characteristics, housing types, schools, or boundaries defined by physical barriers, such as major highways and railroads or natural features, such as rivers. ARTICLE II SCOPE OF GRANT FUNDING 2.1 Grantee shall only use the funds for the sole purposes specified in its application as approved by the procedures in the Gateway Grant Program and procedures approved by Council. 2.2 This Agreement and any payment made hereunder are contingent upon the Grantee following the Strong & Sustainable Neighborhood Grant Program attached hereto as Exhibit A. 2.3 Grantee shall be solely responsible for selecting, supervising, and paying contractor(s) and for complying with all applicable law. 2.4 Grantee shall be solely and exclusively responsible for compensating any of its contractors, employees, subcontractors, material men and suppliers of any type or nature what- soever and insuring that no claims or liens of any type will be filed against any property owned by the City arising out of or incidental to the performance of any services performed pursuant to this Agreement. In the event a statutory lien notice is sent to the City, Grantee shall, where no payment bond covers the work, upon written notice from the City, immediately obtain a bond at its expense and hold the City harmless from any losses that may result from the filing or enforcement of any said lien notice. 2.5 Grantee shall secure and pay for all necessary permits and licenses, governmental fees, and inspections necessary for the proper execution and completion of the work. 2.6 No City employee or official shall receive a direct or indirect benefit from the grant funds, other than living in a neighborhood that receives the funds. Contract No. Non - Physical Projects Grant Agreement EXHIBIT B Resolution No. 04- 09 -09 -2d ARTICLE III AMOUNT OF GRANT 3.1 The estimated total cost of the project is [INSERT AMOUNT AND NO /100 DOLLARS ($.)]. The City shall pay fifty percent (50 %) of the actual total project cost not to exceed FIVE HUNDRED AND NO /100 DOLLARS ($500.00). Payments shall be made in accordance with the Strong & Sustainable Neighborhood Grant Program, ARTICLE IV TERM AND TERNIINATION 4.1 Term. The term of this Agreement shall commence after the agreement is executed by all parties, and terminate one year after the execution of the agreement or whenever all grant funds are dispersed. 4.2 Termination Without Cause. This Agreement may be terminated by either party, with or without cause, by giving the other party thirty (30) days advance written notice. ARTICLE V INDEMNIFICATION AND RELEASE 5.1 Grantee agrees to indemnify and hold harmless the City, its officers, agents, and employees from and against any and all loss, costs, or damage of any kind, nature, or description that may arise out of or in connection with this Agreement whether or not the claim or cause of action results from any negligence of the City or any of its officers, agents, or employees. 5.2 Grantee assumes full responsibility for the work to be performed and services to be provided hereunder, and hereby releases, relinquishes and discharges the City, its officers, agents, and employees from any and all claims, demands, causes of action of every kind and character, including the cost of defense thereof, for any injury to, including death of, any person (whether employees or agents of either of the parties hereto or third persons) and any loss of or damage to property (whether the property is that of either of the parties hereto or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Grantee's work or services provided hereunder whether or not said claims, demands, or causes of actions are covered in whole or part by insurance. ARTICLE VI GENERAL PROVISIONS 6.1 Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by Grantee with another private entity, person, or organization for the performance of those services described Strong & Sustainable Neighborhood Grant Program. In the event that Grantee enters into any arrangement, contractual or otherwise, with such other entity, person or organization, Grantee shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement. Contract No. Non - Physical Projects Grant Agreement EXHIBIT B Resolution No. 04- 09 -09 -2d 6.2 This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of City and Grantee and their respective successors and assigns. 6.3 The City and Grantee attest that, to the best of their knowledge, no member of the City of College Station City Council and no other officer, employee or agent of the City, who exercises any function or responsibility in connection with the carrying out of the terms of this Agreement, has any personal interest, direct or indirect, in this Agreement. 6.4 Grantee covenants and agrees that, during the term of this Agreement, it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or disability. Grantee will take affirmative action to ensure that applicants who are employed are treated, during employment, without regard to their race, color, religion, sex, national origin or disability. 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. Grantee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination requirement. 6.5 Grantee expressly agrees that, in all solicitations or advertisements for employees placed by or on behalf of Grantee, there will be a statement that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or disability. 6.6 Grantee certifies that it will not limit services or give preference to any person assisted through this Agreement on the basis of religion and that it will provide no religious instruction or counseling, conduct no religious worship or services, and engage in no religious proselytizing in the provision of services or the use of facilities or furnishings assisted in any way under this Agreement. 6.7 The parties to this Agreement agree and understand that Grantee is not an agent or representative of the City and that the obligation to compensate its employees and personnel shall be the responsibility of Grantee and shall not be deemed employees of the City for any purpose. 6.8 No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 6.9 This Agreement has been made under and shall be governed by the laws of the State of Texas. 6.10 Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 6.11 Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and Contract No. Non - Physical Projects Grant Agreement 4 EXHIBIT B Resolution No. 04- 09 -09 -2d empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective organizations. 6.12 Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 6.13 The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 6.14 This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other party to this Agreement. 6.15 It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 6.16 If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 6.17 It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 6.18 In the event of a material breach of this Agreement by Grantee, the City may exercise any and all legal remedies available to it. Contract No. Non - Physical Projects Grant Agreement EXHIBIT B Resolution No. 04- 09 -09 -2d City: Grantee: Executed this the [INSERT Name] By: City of College Station 1101 Texas Avenue College Station, Texas 77840 [Name and Address] day of , 2009. CITY OF COLLEGE STATION LOW Printed Name: Title: Date: APPROVED: City Attorney City Manager Date: Date Chief Financial Officer Date Contract No. Non - Physical Projects Grant Agreement 6 EXHIBIT B Resolution No. 04- 09 -09 -2d STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT This instrument was acknowledged before me on the day of 2009, by in his/her capacity as of [INSERT NAME], a Texas [INSERT TYPE OF ENTITY]. Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT This instrument was acknowledged before me on the day of , 2009, by in his /her capacity as City Manager of the City of College Station, a Texas home -rule municipality, on behalf of said municipality. Notary Public in and for the State of Texas Contract No. Non - Physical Projects Grant Agreement EXHIBIT B Resolution No. 04- 09 -09 -2d FUNDING AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND [INSERT NAME] FOR THE PAYMENT AND USE OF GENERAL FUNDS FOR A STRONG & SUSTAINABLE NEIGHBORHOOD GRANT — PHYSICAL PROJECTS This Agreement is by and between the City of College Station, a Texas home rule municipal corporation (the "City ") and [INSERT NAME],.a [INSERT non - profit corporation; unincorporated association] (the "Grantee "). WHEREAS, the City Council of the City of College Station, through its Neighborhood Partnership Program, is committed to providing opportunities for Neighborhood Associations or Homeowner's Associations; and WHEREAS, the City has established a "Strong & Sustainable Neighborhoods Grant Program" that has established a grant program providing for a dollar- for - dollar matching grant for up to fifty percent (50 %) of their expenses up to $7,500.00 per application for use by the qualified applicant in the development of their Physical Project; and WHEREAS, Grantee has applied for grant funding under this program and has qualified for grant funding for specified improvements to establish a Physical Project in the [INSERT NAME]; and WHEREAS, the City has authorized payment of grant fund subject to the Grantee complying with the terms and conditions of this Agreement, the "Strong & Sustainable Neighborhood Grant Program" grant program, and all applicable statutes, ordinances, regulations, and other law; now, therefore, NOW, THEREFORE, IN CONSIDERATION of the performance of the mutual covenants and promises contained herein, City and Grantee agree and contract as follows: For and in consideration of grant funding in an amount not to exceed SEVEN THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($7,500.00) to be paid to the Grantee as set forth herein, the City and Grantee covenant and agree as follows: ARTICLE I DEFINITIONS 1.1 The term "Grantee" shall mean [INSERT NAME], a Texas [INSERT TYPE OF ENTITY] . 1.2 The term "City" shall mean the City of College Station, in the County of Brazos, and the State of Texas. 1.3 The term "funds" as used in this Agreement shall mean any and all grant money that is received by Grantee from the City pursuant to this Agreement. Contract No. Physical Projects Grant Agreement EXHIBIT C Resolution No. 04- 09 -09 -2d 1.4 The term "Physical Project" shall mean projects that are intended to enhance the physical aspects of a neighborhood. Some examples are beautification projects, landscaping or a tangible building project such as a gateway or entry-way improvement. 1.5 The term "Strong & Sustainable Neighborhood Grant Program" shall mean a grant program adopted pursuant to City of College Station Resolution No. X -XX- 2009 -XX. 1.6 The term "Subdivision" shall mean division of a lot, tract, or parcel of land into two or more lots or sites for the purpose of sale, division of ownership or building development. 1.7 The term "Neighborhood: shall mean an area of a community with characteristics that distinguish it from other areas and that may include distinct ethnic or economic characteristics, housing types, schools, or boundaries defined by physical barriers, such as major highways and railroads or natural features, such as rivers ARTICLE II SCOPE OF GRANT FUNDING 2.1 Grantee shall only use the funds for the sole purpose of constructing and installing a Physical Project as specified in its application as approved by the procedures in the Strong & Sustainable Neighborhood Grant Program. 2.2 This Agreement and any payment made hereunder are contingent upon the Grantee following the Strong & Sustainable Neighborhood Grant Program attached hereto as Exhibit A. 2.3 Grantee shall be solely responsible for selecting, supervising, and paying the construction contractor(s) and for complying with all applicable law. 2.4 Grantee shall be solely and exclusively responsible for compensating any of its contractors, employees, subcontractors, material men and suppliers of any type or nature what- soever and insuring that no claims or liens of any type will be filed against any property owned by the City arising out of or incidental to the performance of any services performed pursuant to this Agreement. In the event a statutory lien notice is sent to the City, Grantee shall, where no payment bond covers the work, upon written notice from the City, immediately obtain a bond at its expense and hold the City harmless from any losses that may result from the filing or enforcement of any said lien notice. 2.5 Grantee shall secure and pay for all necessary permits and licenses, governmental fees, and inspections necessary for the proper execution and completion of the work. 2.6 No City employee or official shall receive a direct or indirect benefit from the grant funds, other than living in a neighborhood that receives the funds. ARTICLE III AMOUNT OF GRANT 3.1 The estimated total cost of the project is [INSERT AMOUNT AND NO /100 Contract No. Physical Projects Grant Agreement EXHIBIT C Resolution No. 04- 09 -09 -2d DOLLARS ($.)]. The City shall pay fifty percent (50 %) of the actual total project cost not to exceed SEVEN THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($7,500.00). Payments shall be made in accordance with the Strong & Sustainable Neighborhood Grant Program. ARTICLE IV TERM AND TERNIINATION 4.1 Term. The term of this Agreement shall commence after the agreement is executed by all parties, and terminate one year after the execution of the agreement or whenever all grant funds are dispersed. 4.2 Termination Without Cause. This Agreement may be terminated by either party, with or without cause, by giving the other party thirty (30) days advance written notice. ARTICLE V INDEMNIFICATION AND RELEASE 5.1 Grantee agrees to indemnify and hold harmless the City, its officers, agents, and employees from and against any and all loss, costs, or damage of any kind, nature, or description that may arise out of or in connection with this Agreement whether or not the claim or cause of action results from any negligence of the City or any of its officers, agents, or employees. 5.2 Grantee assumes full responsibility for the work to be performed and services to be provided hereunder, and hereby releases, relinquishes and discharges the City, its officers, agents, and employees from any and all claims, demands, causes of action of every kind and character, including the cost of defense thereof, for any injury to, including death of, any person (whether employees or agents of either of the parties hereto or third persons) and any loss of or damage to property (whether the property is that of either of the parties hereto or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the Grantee's work or services provided hereunder whether or not said claims, demands, or causes of actions are covered in whole or part by insurance. ARTICLE VI GENERAL PROVISIONS 6.1 Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by Grantee with another private entity, person, or organization for the performance of those services described Strong & Sustainable Neighborhood Grant Program. In the event that Grantee enters into any arrangement, contractual or otherwise, with such other entity, person or organization, Grantee shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement. 6.2 This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of City and Grantee and their respective successors and assigns. Contract No. Physical Projects Grant Agreement 3 EXHIBIT C Resolution No. 04- 09 -09 -2d 6.3 The City and Grantee attest that, to the best of their knowledge, no member of the City of College Station City Council and no other officer, employee or agent of the City, who exercises any function or responsibility in connection with the carrying out of the terms of this Agreement, has any personal interest, direct or indirect, in this Agreement. 6.4 Grantee covenants and agrees that, during the term of this Agreement, it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or disability. Grantee will take affirmative action to ensure that applicants who are employed are treated, during employment, without regard to their race, color, religion, sex, national origin or disability. 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. Grantee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination requirement. 6.5 Grantee expressly agrees that, in all solicitations or advertisements for employees placed by or on behalf of Grantee, there will be a statement that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or disability. 6.6 Grantee certifies that it will not limit services or give preference to any person assisted through this Agreement on the basis of religion and that it will provide no religious instruction or counseling, conduct no religious worship or services, and engage in no religious proselytizing in the provision of services or the use of facilities or furnishings assisted in any way under this Agreement. 6.7 The parties to this Agreement agree and understand that Grantee is not an agent or representative of the City and that the obligation to compensate its employees and personnel shall be the responsibility of Grantee and shall not be deemed employees of the City for any purpose. 6.8 No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 6.9 This Agreement has been made under and shall be governed by the laws of the State of Texas. 6.10 Performance and all matters related thereto shall be in Brazos County, Texas, United States of America. 6.11 Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective organizations. Contract No. Physical Projects Grant Agreement EXHIBIT C Resolution no. 04- 09 -09 -2d 6.12 Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 6.13 The parties acknowledge that they have read, understand and intend to be bound by the terms and conditions of this Agreement. 6.14 This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of the other party to this Agreement. 6.15 It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 6.16 If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 6.17 It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 6.18 In the event of a material breach of this Agreement by Grantee, the City may exercise any and all legal remedies available to it. Contract No. Physical Projects Grant Agreement EXHIBIT C Resolution No. 04- 09 -09 -2d City: Grantee: Executed this the [INSERT Name] By: Printed Name: City of College Station 1101 Texas Avenue College Station, Texas 77840 [Name and Address] day of , 2009. Title: Date: APPROVED: City Attorney CITY OF COLLEGE STATION By: City Manager Date: Date Chief Financial Officer Date Contract No. Physical Projects Grant Agreement EXHIBIT C 6 Resolution No. 04- 09 -09 -2d STATE OF TEXAS COUNTY OF BRAZOS ACKNOWLEDGMENT This instrument was acknowledged before me on the by in his/her capacity as [INSERT NAME], a Texas [INSERT TYPE OF ENTITY]. day of 2009, of Notary Public in and for the State of Texas STATE OF TEXAS § § ACKNOWLEDGMENT COUNTY OF BRAZOS § This instrument was acknowledged before me on the day of , 2009, by in his /her capacity as City Manager of the City of College Station, a Texas home -rule municipality, on behalf of said municipality. Notary Public in and for the State of Texas Contract No. Physical Projects Grant Agreement_ EXHIBIT C