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HomeMy WebLinkAbout41-81 RESOLUTIONRESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE -AGREEMENT WITH ECONOMIC OPPORTUNITY AGENCY OF WASHINGTON COUNTY, INC. FOR THE PROVISION OF SERVICES AT THE SENIOR CENTER ON NORTH SANG AVENUE. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk -tare hereby authorized and directed to execute a lease agreement with Economic Opportunity Agency of Washington County, Inc. for the provision of services at the Senior Center at North Sang Avenue. A copy of the lease agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this cp,/Atday of 400m4.0) , 1981. • Ilf • 7 CERTIFICATE OE MOM Stair of Arkansas ( ss Cay of Fayetteville ( I. Vivian Koettel, City Clerk and Ex-Officiri retort for the City of Fayetteville, do 1iere4 by coati& that the annexed or foregoing is of record in my cdfice and the same apri pears in Ordinance & Resolution book X/ at page 217 . Witness my hand and seal this S -t -k day of 19 //Mt:74Q):77-rT City Clerk and Ex -Officio Recorder atabOaLIVID, !: .A3A. jte5 --CD2-21 Ca,ni-Cd itkiCROF!':1,41Cni- LEASE AGREEMENT --mud THIS AGREEMENT executed this dippc,;A day of „ 1981, by and between the City of Fayetteville, Arkansas, hereinafter called Lessor, and Equal Opportunity Agency, hereinafter called Lessee. In consideration of the mutual covenants contained herein, Lessor and Lessee hereby agree as follows: l. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described real property and all improvements thereon, to be used for the purpose of a Senior Center: Lot Numbered One (1) in Block Numbered One (1) Abshier's Third Addi- tion to the City of Fayetteville, Arkansas, as per plat of said Addi- tion on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. Commercial dishwasher, electric food warmer, three (3) compartment sink, and two (2) range hoods are the property of the Lessor and will remain with the building as permanent fixtures thereof. 2. The original term of this . :2)1161 .1983 at 5:00 o'clock/2. M. This Lease shall be automatically extended for additional terms of two years unless written hotice of termination is given by Lessor or Lessee to the other party. Notice to the Lessor shall be given in writing to the City Manager's Office, P. 0. Drawer "F", Fayetteville, Arkan- sas, 72702, at least thirty (30) days prior to expiration of the original term of this Lease. Adequate notice shall be termed given by the Lessor in a written notice to be deposited in the United States nail, postage paid, at least thirty (30) days prior to expiration of the original term of this Lease. 3. In consideration for the use of the demised premises, Lessee agrees to pay Lessor the sum of One Dollar and no/100 ($1.00) per year payable in advance on or before the / day of each uthiteid— . 4. Lessee agrees to provide the following services to eligible elderly residents of the City of Fayetteville: Lease shall commence on thendc,12___ APP„ e , 1981, and terminate on theday of day of a. flours of site operations will be 8:00 A.M. to 5:00 P.M., Monday through Friday, except for holidays as observed by the City of Fayetteville. b. Provisions will be made for snacks and lunch. Transportation to and from the Senior Center will be provided, where available, free of charge, for participants who are without transportation. d..Recreation activities at the Senior Center will be offered at regularly scheduled times during the week. Possible ideas Lease Agreement - 2. could include Geriatric exercises, quilting, arts and crafts, wood carving, bingo, card games, sing -a -longs, dance classes, dominoes, horseshoes, drama, pool, etc. e. Information and referral services will be available from 8:00 A.M. to 5:00 P.M. Files on community resources and contact persons will be kept to assist persons 'making telephone inquiries, as well as being available to participants at the Center. f. Informative programs by spokesmen from service organizations will be presented on a scheduled basis. Topics may include Fire Prevention, Crime Prevention, gardening techniques, etc. g• Health and Welfare Counseling will be available on a scheduled basis. Basic Blood Pressure screening will be conducted monthly. Counseling and discussions by Ozark Guidance Center will be con- ducted on a regular basis. Representatives from S.S.1 Social Services, and Social Security will be scheduled to answer questions and advise participants. Representatives from appropriate agencies will be scheduled to utilize Center office on a rotating basis. Nutrition Education will be presented once each month during the meal service hour. 1. A congregate meal site will be operated. Home Delivered Meals going to home -bound participants in Fay- etteville will be served in individual carry -out trays at the Center. k. The Center will serve as the Elderly Nutrition Kitchen. S. Minimum Senior Center staff requirements will be: a. Full-time Site Manager/Secretary - implementation of the Service Management, keep records, and work with information and referral. Full-time Social Director - social and recreational planning and implementation. c. Full-time Food Service Coordinator and adequate kitchen staff. d. Volunteers will be used Whenever possible. e. Only offices directly connected with the Elderly Nutrition Program/Senior Center Operation will be housed at the Senior Center. A Site Council, one member of whom will represent the City of Fayette- ville, will advise policy decisions concerning site activities and functions. Fifty-one (51%) percent of the council will be participants of the Center. Suggestions for site operations will be passed through tfiem. 6. Lessee shall be responsible for payment of all utilities, including electrical bills, natural gas bills, water and sewer bills, sanitation service bills, telephone bills, and cable television bills. 7. Lessee agrees that it will keep and maintain the demised premises and all improvements thereon in good condition and repair at all times. Lease Agreement - 3 • Lessee agrees to be responsible for yard maintenance and for the main- tenance of all heating, electrical and air-cOnditioning equipment and plumbing on the premises. Lessee, at its cost and expense, shall maintain and keep the premises in as good repair as when the premises were received or in their highest state of repair during the lease term, ordinary wear and tear and casualties beyond Lessee's control alone excepted, and Lessee shall return the leased premises at the expiration or termination of this Lease in good order and condition excepting only ordinary wear and tear and casualities beyond Lessee's control. 8. Lessee agrees to carry fire and extended coverage insurance on the improvements on the demised premises, which policy shall name Lessor as an insured and Lessee agrees to maintain said policy in force throughout the terms of this Lease or any extension thereof. Said policy shall be in an amount specified by Lessor. Lessee shall file a copy of said policy with the City Clerk of Lessor. Lessee agrees to notify Lessor in writing of any amendments to or cancellations of said policy. 9. Lessee shall maintain at all times a current and complete record of all activities conducted on the leased premises in a form requested by Lessor, and Lessee shall submit a monthly activity.report to Lessor's De- partment of Community Development on or before the 15th of each month. Les- sor and the United States Department of Housing and Urban Development shall have complete access to all of Lessee's records during all reasonable hours and shall have the right to inspect and copy said records. 10. Lessee shall maintain complete and accurate monthly financial statements for all activities conducted on the leased premises. Lessee shall notify Lessor immediately if Lessee's funding should be terminated by any of Lessee's Grantor Agencies. 11. Lessee agrees to hold Lessor harmless for any claim, expense, loss or liability suffered or occasioned as a result of Lessee's use or occupancy of the demised premises. 12. The Lessee agrees to comply with all rules and regulations as established by the Department of Housing and Urban Development for programs financed by the Housing and Community Development Act of 1974. • Lease Agreement - 4. r 1 r • 13. The Community Development Program has been developed so as to give maximum feasible priority to activities which will benefit low and moderate income families or aid in the prevention or elimination of slum or blight. The Lessee assures that the funds will be used for these purposes. 14. Lessee will comply with. the regulations, policies, guidelines and requirements of OMB Circular No. A-102, Revised, and Federal Management Circular 74-4 as they relate to the application, acceptance, and use of Federal funds under 24 CFR 570. 15. Lessee will comply with all requirements imposed by HUD concerning special requirements of law, program requirements, and other administrative • requirements, approved in accordance with OMB Circular No. A-102, Revised. 16. Lessee will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto (24 CFR Part 1), which provides that no person in the United States shall on the gounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the City of Fayetteville received Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the City of Fayetteville, this assurance shall obligate the City, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits. 17. Lessee will comply with Section 109 of the Housing and Community Development Act of 1974, and the regulations issued pursuant thereto (24 CFR Part 570.601), which provides that no person in the United States shall, on the grounds of race, color, national origin, br sex, be excluded from parti- cipation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds provided under 24 CFR 570. kease Agreement - 5. 18. Lessee will comply with Section 3 Of the Housing and Urban Develop- ment Act of 1968, as amended, requiring that to the greatest extent feasible opportunities for taining and employment be given to lower-income residents of the project area and contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by, persons .residing in the area of the project.. 19. Lessee will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 20. Lessee will comply with the provisions of the Hatch Act which limits the political activity of employees. 21. Lessee will give HUD and the Comptroller General through any authorized representatives access to and the right to examine all records, books, papers, or documents related to the program. 22. Lessee will insure that the facilities under its lease or super- vision which shall be utilized in the accomplishment of the program are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify HUD of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 23. In the event Lessee violates any of the above stipulations as to use of the building, Lessor has the right to terminate this Lease by giving thirty (30) days written notice to Lessee of such termination and specifying the effective date thereof; provided, however, that prior to the issuance of a Notice of Termination, Lessee shall have a reasonable time, not to exceed fifteen (J5) days, to remedy any violation. 24. Lessee shall not sublet the leased premises without the prior written consent of Lessor. However, if E.O.A., for any reason, is unable to perform its services under this Lease, then this Lease may be transferred by the City of Fayetteville to some suitable third party to allow for the con- tinuation of services. • • 6 - IN WITNESS WHEREOF, the parties have executed this Lease Agreement on • the date first above writteh. ATTEST: .9'4A , 0,1 Y CLERK ATTEST: CITY OF FAYETTEVILLE, ARKANSAS LESSOR EQUAL OPPORTUNITY AGENCY LESSEE !I tit Ss irs4 Peso • (14-81 Cot etaa 93i75 Seabokd Surety Company NeW York, New York St..Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company St. Paul, Minnesota Capital Stock Companies United States Fidelity and Guaranty Company ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND Class 2 Bond No. 400 SU 9200 This Bond executed pursuant to the terms of Act 351 of the Arkansas State Legislature, as amended. We, Roberts -McNutt, Inc., as Principal, hereinafter called Principal, and St. Paul Mercury Insurance Company as Surety, hereinafter called Surety, are held and fimily bound unto City of Fayetteville as Obligee, hereinafter called Owner, in the amount of Twenty Two Thousand Eight Hundred Sixty Three and No/100 Dollars ($22,863 00), for the payment whereof Principal and Surety bind Themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by the presents. Principal has by written agreement dated entered into a contract with Owner for Roofing at Sang Senior Center which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. The condition of this obligation is such that if the Principal shall faithfully perform the Contract and shall fully indemnify and save harmless the Owner from all cost and damage which Owner may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default, and, further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said contract failing which such person shall have a direct right of action against the Principal and Surety jointly and severally under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. No suit, action or proceeding shall be brought on this bond outside of the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner after twelve months for contracts subject to A.C.A § 18-44-503, otherwise six months, from the date final payment is approved on the Contract, not shall any suit, action or proceeding be brought by the Owner after two years from the date on which the final payment under the Contract falls due. Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance on the pan of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being hereby waived In no event shall the aggregate liability of the Surety exceed the sum set out herein. Executed on this 17th day of July, 2003. Roberts -McNutt, Inc. Principal St. Paul Mercury Insurance Company Surety Gerety, Attorney-in-fac 14 M. rani rlre ana manna insurance uompany um= mates nanny um %sunning wigepeny - tiSaprety St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company • • • ' St. Peal Mercury Insurance Company Fidelity and Guaranty. Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Medical Liability Insurance Company Bond Nolt 00 SU 9200 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE • This disclosure notice is required by the Terronsm Risk Insurance Act of 2002 (the "Act"). No action is required on your part. This Disclosure NotiCe is incorporated in and a part of the attached bond, and is effective the date of the bond. You should know that, effective November 26,2002, any losses covered by the attached bond •that are caused by certified acts of terrorism would be partially reimbursed by the United States under:a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000 during the applicable penod for all insureds and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is $0.00. • IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. .000•11 - TheSlipaul Power of Attorney No. POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company SL Paul Guardian Insurance Company St. Paul Mercury Insurance Company 23931 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc Certificate No. 18 3 8 3 0 6 KNOW ALL. MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that Si. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance . Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Linda Frey, John Gerety, Carolyn A. Coty, Dianne Cowan, William W. Bussey, Jr., John M. Elliott, Allen J. McDowell, John D. Howard, Henry Noor and Brenda Smith of the City of Little Rock state ArIcansas their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakingstleed. or , itted ivy actions or proceedings allowed by law. oat \- IN WITNESS WHEREOF, the Companies have caused this instrumenOlhigntsealeelnIP 18th day of June 2003 Seaboard Surety CompanyNSI's 0 # ‘14 N r, V AS „..t, 'ted States Fidelity and Guaranty Company St. Paul }Ire and Marine Insum"fttontAani, > Fidelity and Guaranty Insurance Company St. Paul Guardian Insuranecciapangy.) - rc'c6to ..., . Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Cm:03y> ecleck) .‘,8,0 -9 INb i State of Maryland City of Baltimore PETER W. CARMAN, Vice President THOMAS E. HUIBREGTSE. Assistant Secretary On this I Rth day of June 2003 before me, the undersigned officer, personally appeared Peter W. Carman and Thomas E. kluibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instilment are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 1st day of July, 2006. 86203 Rev. 7-2002 Printed in U.S.A. `464ted-AgAito• REBECCA EASLEY-ONOKALA, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, thai in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings. contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attomey issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Anorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached and RESOLVED FURTHEFt, that Attorney(s)-in-Fact shall have the power and authority. and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1. Thomas E. Huibregtse. Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters. Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Anomey executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I hereunto set my hand this na day of Thomas E. Huibregtse, Assistant Secretary To venfy the authenticity of this Power of Attorney, call 1-800-421-3880 and ask for the Power of Anonsey clerk. Please refer to the Power of Attorney number, the above-named individuals and the details of the bond to which the power ir attached.