HomeMy WebLinkAboutPR 20305: CDBG, EXPIRED GIFT OF LIFE CONTRACT, INCREASE _„ ,.._.
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INTEROFFICE MEMORANDUM
Date: June 6, 2018
To: The Honorable Mayor and City Council
Through: Harvey Robinson, Interim City Manager
From: Ronald Burton, Director of Development Services
RE: PR# 20305
Introduction:
The intent of this Agenda Item is to seek the City Council's approval for the City Manager to
amend the 2016 Community Development Block Grant'(CDBG)program.
The amendment will reallocate the unobligated program balance of$5,000 from the expired
2016 Gift of Life contract to the current 2017 Gift of Life CDBG contract increasing the
budget from $5,000 to $10,000.
The amendment will reallocate the unobligated program balance of$17,480 from the expired
2016 CDBG contract for Program of Health Excellence to a new 2017 CDBG contract for the
Program of Health Excellence.
Background:
The Port Arthur City Council, per Resolution Number 16-245, authorized the City Manager to
enter into a contract with Gift of Life for$5,000 and Program of Health Excellence for
$32,000 from September 6, 2016 to September 5, 2017. The contracts for Gift of Life and
Program of Health Excellence expired on September 5, 2017, and the unexpended balances
from the activities are available for reallocation.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 * Port Arthur,Texas 77641-1089 x 409.983.8101 * FAX 409.982.6743
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Budget Impact:
Funding is available in the 2017 CDBG budget.
Recommendation:
It is recommended that City Council approve the City Manager to approve P. R. number
20305, as discussed and/or outlined above.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 * Port Arthur,Texas 77641-1089 * 409.983.8101 * FAX 409.982.6743
P. R. 20305
06/06/2018 MEE-Grants Management
RESOLUTION NUMBER
A RESOLUTION TO AMEND THE 2016 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM THAT REALLOCATES FUNDS IN THE
AMOUNT OF $5,000 FROM THE EXPIRED GIFT OF LIFE CONTRACT AND
$17,480 FROM THE EXPIRED PROGRAM OF HEALTH EXCELLENCE
CONTRACT TO THE 2017 GIFT OF LIFE COMMUNITY DEVELOPMENT
BLOCK GRANT CONTRACT THAT INCREASES THE CONTRACT TO
$10,000, ACCOUNT NUMBER 105-1431-552.59-00 PROJECT NUMBER C43102;
AND THE 2017 PROGRAM OF HEALTH COMMUNITY DEVELOPMENT
BLOCK GRANT CONTRACT IN THE AMOUNT OF $17,480, ACCOUNT
NUMBER 105-1431-552.59-00 PROJECT NUMBER C43126.
WHEREAS,the City Council adopted the 2016 Community Development Block
Grant Program by Resolution Number 16-245, which includes $5,000 to the Gift of Life and
$32.000 for Program of Health Excellence; and,
WHEREAS, each of the projects are completed and have unobligated balances;
and,
WHEREAS,the City Council will amend the 2016 CDBG program that
reprograms funds in the amount of$5,000, from the Gift of Life contract with account#105-
1431-552.59-00, Project Number C42102 to the current 2017 Gift of Life Community
Development Block Grant contract increasing the contract amount from$5,000 to $10,00; and,
WHEREAS, the City Council will amend the 2016 CDBG program that
reprograms$17,480 from Program of Health Excellence contract with account#105-1431-
552.59-00, Project Number C42126 to the new 2017 Program of Health Excellence contract in
the amount of$17,480 with account #105-1431-552.59-00 Project Number C43126; and,
WHEREAS, it is the best interest of the City of Port Arthur to enter into an
agreement with Program of Health Excellence in substantially the same form as attached hereto
as Exhibit"A"; now,therefore,
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PORT ARTHUR,TEXAS:
THAT the City Manager is authorized to amend the 2016 CDBG program that
includes reallocating $5,000 from Gift of Life with account#105-1431-552.59-00, Project
Number C42102 and $17,480 from Program of Health Excellence with account#105-1431-
552.59-00, Project Number C42126 to the 2017 Gift of Life Community Development Block
Grant contract increasing the contract amount from$5,000 to $10,000 and allocating $17,480 to
the 2017 Program of Health contract,,
THAT the City Manager is designated to sign all documents in connection with
the project amendment and contract.
THAT a copy of the caption of this Resolution be spread upon the minutes of the
City Council.
READ,ADOPTED AND APPROVED this day of
A.D., 2018 at a Regular Meeting of the City Council of the City of
Port Arthur, Texas by the following vote:
AYES: MAYOR
COUNCILMEMBERS:
NOES:
MAYOR
ATTEST:
SHERRI BELLARD
CITY SECRETARY
APPROVED AS TO FORM:
VAL TIZENO
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
HARVEY ROBINSON
INTERIM CITY MANAGER
APPROVED FOR AVAILABILITY OF FUNDS:
AND W VASQ EZ
DIRECTOR OF FINANCE
S:\grants2\Annual Plan Amendments\P.R.20305.docx
CITY OF PORT ARTHUR
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CONTRACT FOR A
NON-PROFIT SUBRECIPIENT
STATE OF TEXAS
COUNTY OF JEFFERSON
SECTION 1. PARTIES TO THE CONTRACT
This contract and agreement is made and entered into by and between the City of Port Arthur,
Texas (hereinafter called the "City") acting herein by its City Manager, duly authorized by
Resolution of the City Council of the City of Port Arthur and Program of Health Excellence,
Jefferson County, Texas (hereinafter called "Subrecipient") acting herein by its Executive
Director, duly authorized by its Board of Directors. The parties hereto agree, by the execution
hereof, that they are bound to the mutual obligations and to the performance and
accomplishment of the tasks described herein.
WITNESSETH THAT:
WHEREAS, the Subrecipient operates as a Texas non-profit corporation that
will provide certified nurse's aid classes for persons who want to enter the healthcare industry;
and,
WHEREAS, the U. S. Department of Housing and Urban Development (HUD)
has awarded funding to the City in the amount of$1,004,747 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant"); and,
WHEREAS, by the adoption of Resolution 17-200 (authorizing submission of a
43' Year Community Development Block Grant Application) the City has obligated itself to
provide financial assistance to Program of Health Excellence to provide education and training
classes for adults who are seeking employment as a certified nurse's aid, through a contract
with the Subrecipient; and,
WHEREAS, under the terms of the grant the City must ensure that all
applicable federal requirements are met concerning the disbursement of funds to the
Subrecipient; and,
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WHEREAS, projects undertaken by the Subrecipient pursuant to this contract
must principally be of direct benefit to low and moderate income persons as has been
determined by the parties and is established under the guidelines of the Housing and
Community Development Act of 1974, as amended;
Now, Therefore, The Parties hereto do mutually agree as follows:
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on June 19, 2018 and shall terminate on June 18,
2019 otherwise specifically provided by the terms of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
Program of Health Excellence will offer program participants skills and competency-based
training in the nurse assistant and ward clerk courses. Participants will have the time
advantage of completing their training in a four- (4) week curriculum (100 hours) that exceeds
the state requirement of 75 hours. The courses offered by Program of Health Excellence will
provide 50 classroom clock hours and 50 clinical hours. Program of Health Excellence will
have a one-week post-clinical preparation class called "Work Readiness" that is designed to
prepare graduates for successful employment in the workforce. The program will be open to
the general public and students can be referred by community organizations, social institutions,
hospitals, and other health care institutions in the community. CDBG funds will pay tuition
expenses for eighteen (18) students who are Port Arthur residents and meet the income limits
defined by HUD for family size. Each student will be required to complete and sign an
income verification form. The tuition is set at $968.00 per student. The classes will be
instructed by Willie Mae Elmore, R.N., MS and has 31 years of experience in the nursing field
and four (4) years of classroom instructional experience. The classes will be held from 5:00
p.m. to 10:00 p.m., Monday through Friday, at 2700 Gulfway Drive in Port Arthur. Students
will participate in two (2) weeks of theory and two (2) weeks of hands on clinical practice.
After successfully completing the four- (4) week course, arrangements will be made for the
students to take the State Certified Nurse exam and then will be assisted with fmding
employment. Such services to low and moderate income persons shall be provided in
accordance with the Housing and Community Development Act of 1974, as amended
(hereinafter called the Act). The Subrecipient shall perform all activities in accordance with
the terms of the Performance Statement, hereinafter called Exhibit A; the Budget, hereinafter
called Exhibit B; the Project Implementation Schedule, hereinafter called Exhibit C; the
Applicable Laws and Regulations, hereinafter called Exhibit D; the Certifications, hereinafter
called Exhibit E; the assurances, certifications, and all other statements made by the
Subrecipient in its application for the project funded under this contract; and with all other
terms, provisions, and requirements set forth in this contract. It shall be Subrecipient's
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responsibility to furnish its own accounting services including clerical, statistical, bookkeeping
for expenditures made by Subrecipient in performance of the obligations herein.
SECTION 4. CITY'S OBLIGATIONS
A. Measure of Liability
In consideration of full and satisfactory performance of the activities referred to in
Section 3 of this contract, City shall be liable for actual and reasonable costs incurred
by the Subrecipient during the contract period for performances rendered under this
contract by Subrecipient, subject to the limitations set forth in this Section 4.
1. It is expressly understood and agreed by the parties hereto that City's
obligations under this Section 4 are contingent upon the actual receipt of
adequate federal funds to meet City's liabilities under this contract. If adequate
funds are not available to make payments under this contract, City shall notify
Subrecipient in writing within a reasonable time after such fact is determined.
City shall then terminate this contract and will not be liable for failure to make
payments to Subrecipient under this contract.
2. City shall not be liable to Subrecipient for any costs incurred by Subrecipient, or
any portion thereof, which has been paid to Subrecipient or is subject to
payment to Subrecipient, or has been reimbursed to Subrecipient or is subject to
reimbursement to Subrecipient by any source other than City or Subrecipient.
3. City shall not be liable to Subrecipient for any costs incurred by Subrecipient or
for any performances rendered by Subrecipient which are not allowable costs as
set forth in Section 6C of this contract. City assumes no responsibility to
reimburse Subrecipient for any unauthorized expense incurred nor shall
Subrecipient create any deficit in the name of City nor shall Subrecipient assign
any payment due from City to any other party.
4. City shall only disburse funds to Subrecipient upon receipt of income
verification forms and tuition reimbursement statements or other evidences
approved by City's Grants Management staff. This documentation must be in
accordance with Exhibit B of this contract.
5. City shall not be liable to Subrecipient for any costs incurred by Subrecipient for
any performances rendered by Subrecipient which are not strictly in accordance
with the terms of this contract, including the terms of Exhibit A, Exhibit B,
Exhibit C, Exhibit D, and Exhibit E of this Contract.
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6. City shall not be liable for costs incurred or performances rendered by
Subrecipient before commencement of this contract or after termination of this
contract.
B. Limit of Liability
Notwithstanding any other provision under this contract, the total of all payments and
other obligations incurred by City under this contract shall not exceed the sum of
Seventeen Thousand Four Hundred Eighty Dollars and No/100 ($17,480).
SECTION 5. DISBURSEMENT OF FUNDS
A. City will reimburse only tuition for Port Arthur residents who meet the low to
moderate-income criteria eligible costs incurred under this contract in accordance with
the requirements of 24 CFR 570. Subrecipient may not request disbursement of funds
under this contract until the funds are needed for payment of eligible costs. The
amount of each request must be limited to the amount needed.
B. It is expressly understood and agreed by the parties hereto that payments under this
contract are contingent upon Subrecipient's full and satisfactory performance of its
obligations under this contract. City reserves the right to recapture funds provided
under this contract in the event that Subrecipient has been unable to commit funds
before the end of this contract period.
C. It is expressly understood and agreed by the parties hereto that any right or remedy
provided for in this Section 5 or in any other provision of this contract shall not
preclude the exercise of any other right or remedy under this contract or under any
provision of law, nor shall any action taken in the exercise of any right or remedy be
deemed a waiver of any other rights or remedies. Failure to exercise any right or
remedy hereunder shall not constitute a waiver of the right to exercise that or any other
right or remedy at any time.
SECTION 6. UNIFORM ADMINISTRATIVE REQUIREMENTS,
COST PRINCIPLES, AND PROGRAM INCOME
A. Subrecipient shall maintain records of the receipt, accrual, and disposition of all
program income in the same manner as required for all other funds under this contract.
Subrecipient shall provide reports of program income as requested by City and at the
termination of this contract.
B. Subrecipient shall return to City, upon termination of this contract, any unused funds
and any income derived specifically from the use of Community Development Block
Grant (CDBG) funds by Subrecipient. Income to Subrecipient, which is generated as a
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result of Subrecipient's use of grant funds, shall be considered program income of
City's regular CDBG Program and must be returned to City.
C. As a non-profit organization, Subrecipient must comply with applicable regulations
under OMB Circular Numbers A-110 and A-122 pursuant to 24 CFR Part 570.
SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS
A. Subrecipient must establish and maintain sufficient records, as determined by City, to
account for the expenditure and use of CDBG funds.
B. Subrecipient shall give the City, the Comptroller of the United States, or any of their
duly authorized representatives, access to and the right to examine all books accounts,
records, reports, files and other papers, things or property belonging to or in use by
Subrecipient pertaining to this contract. Such rights to access shall continue as long
as the records are retained by Subrecipient. Subrecipient agrees to maintain
such records in an accessible location.
C. All records pertinent to this contract shall be retained by Subrecipient for three years
following the date of termination of this contract or submission of the fmal close-out
report, whichever is later, with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the three year
period and extends beyond the three year period, the records will be maintained
until all litigation, claims or audit findings involving the records have been
resolved.
2. Records relating to real property acquisition or long-term lease shall be retained
for a period equal to the useful life of any repairs made with CDBG funds.
SECTION 8. REPORTING REQUIREMENTS
A. Subrecipient shall submit to the City, a monthly report on the number of Port Arthur
residents enrolled in the class that received tuition reimbursement by race unless
information is provided on reimbursement statement. The report will be due on the 15th
of every month. A report on the number of students that are employed, as a result of
the training classes will be required quarterly. Subrecipient shall provide City with all
reports necessary for City's compliance with 24 CFR Part 570.
B. In addition to the limitations on liability otherwise specified in this contract, it is
expressly understood and agreed by the parties hereto that if Subrecipient fails to
submit to City in a timely and satisfactory manner any report required by this contract,
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City may, at its sole discretion, withhold any or all payments otherwise due or
requested by Subrecipient hereunder. If City withholds such payments; it shall notify
Subrecipient in writing of its decision and the reasons therefore. Payments withheld
pursuant to this paragraph may be held by City until such time as the delinquent
obligations for which funds are withheld are fulfilled by Subrecipient.
SECTION 9. MONITORING
The City reserves the right to, from time to time, carry out field inspections to ensure
compliance with the requirements of this contract. Subrecipient shall attend a compliance
meeting after the award of funds and prior to the first draw. After each monitoring visit, City
shall provide Subrecipient with a written report of the monitor's findings. If the monitoring
reports note deficiencies in Subrecipient's performances under the terms of this contract, the
monitoring report shall include requirements for the timely correction of such deficiencies by
Subrecipient. Failure by Subrecipient to take action specified in the monitoring report may be
cause for suspension or termination of this contract, as provided in Sections 17 and 18 of this
contract. The city has adopted the following monitoring system:
1. Perform in house review of Subrecipient's reimbursement requests;
2. Provide each Subrecipient with information on fmancial management;
4. Provide each Subrecipient with a copy of the monitoring guidelines
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is contracting with
Subrecipient as an Independent Contractor, and that Subrecipient, as such, agrees to hold City
harmless and to indemnify City from and against any and all claims, demands, and causes of
action of every kind and character which may be asserted by any third party occurring or in
any way incident to, arising out of, or in connection with the services to be performed by
Subrecipient under this contract.
SECTION 11. SUBCONTRACTS
A. Except for subcontracts to which the federal labor standards requirements apply,
Subrecipient may not subcontract for performances described in this contract without
obtaining City's written approval. Subrecipient shall only subcontract for performances
described in this contract to which federal labor standards requirements apply after
Subrecipient has submitted a Subcontractor Eligibility Form, as specified by City, for
each proposed subcontract, and Subrecipient has obtained City's prior written approval,
based on the information submitted, of Subrecipient's intent to enter into such
proposed subcontract. Subrecipient, in subcontracting for any performances
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described in this contract, expressly understands that in entering into such subcontracts,
City is in no way liable to Subrecipient's subcontractor(s).
B. In no event shall any provision of this Section 11, specifically the requirement that
Subrecipient obtain City's prior written approval of a subcontractor's eligibility, be
construed as relieving Subrecipient of the responsibility for ensuring that the
performances rendered under all subcontracts are rendered so as to comply with all
terms of this contract, as if such performances rendered were rendered by Subrecipient.
City's approval under Section 11 does not constitute adoption, ratification, or
acceptance of Subrecipient's or subcontractor's performance hereunder. City maintains
the right to insist upon Contractor's full compliance with the terms of this contract, and
by the act of approval under Section 11, City does not waive any right of action
which may exist or which may subsequently accrue to City under this contract.
C. Subrecipient shall comply with all applicable federal, state, and local laws,
regulations, and ordinances for making procurement under this contract.
SECTION 12. CONFLICT OF INTEREST
No person who (1) is an employee, agent, consultant, officer or elected or appointed official of
the City of Port Arthur or any applicant that receives funds and who exercises or has exercised
any functions or responsibilities with respect to activities assisted with funds provided under
this contract or (2) who is in a position to participate in a decision making process or gain
inside information with regard to such activities may obtain a personal or financial interest or
benefit from a CDBG assisted activity, or have an interest in any contract, subcontract, or
agreement (or proceeds thereof) with respect to a CDBG assisted activity either for themselves
or those with whom they have family or business ties, during their tenure or for one year
thereafter. Subrecipient shall ensure compliance with applicable provisions under 24 CFR
85.36 and OMB Circular A-110 in the procurement of property and services.
SECTION 13. NONDISCRIMINATION AND SECTARIAN ACTIVITY
A. Equal Opportunity. Subrecipient shall ensure that no person shall on the grounds of
race, color, religion, sex, handicap, familial status, or national origin be excluded from
participation 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 this contract.
In addition, funds provided under this contract must be made available in accordance
with the requirements of Section 3 of the Housing and Urban Development Act of
1968 (12 U.S.C. 1701u) that:
1. To the greatest extent feasible, opportunities for training and employment
arising in connection with the planning and carrying out of any project assisted
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with CDBG funds provided under this contract be given to low-income persons
residing within the City of Port Arthur; and
2. To the greatest extent feasible, contracts for work to be performed in connection
with any such project be awarded to business concerns, including, but not
limited to, individuals or firms doing business in the field of planning,
consulting, design, architecture, building construction, rehabilitation,
maintenance, or repair, which are located in or owned in substantial part by
persons residing in the City of Port Arthur.
B. Religious Organizations. Funds provided under this contract may not be provided to
primarily religious organizations, such as churches, for any activity including secular
activities. In addition, funds provided under this contract may not be used to
rehabilitate or construct housing owned by primarily religious organizations or to assist
primarily religious organizations in acquiring housing. Funds provided under this
contract may not be used to rehabilitate or construct nonresidential buildings owned by
primarily religious organizations except as provided in Section 22 of this contract.
Services provided and funded under this contract must be for secular purposes and must
be available to all persons regardless of religion. There must be no religious or
membership criteria for either tenants or users of property or services as specified in 24
CFR 92.257 and 24 CFR Part 570.
SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to enter
into this contract, receive funds authorized by this contract, and to perform the services
Subrecipient has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Subrecipient, or
representing themselves as signing and executing this contract on behalf of
Subrecipient, do hereby warrant and guarantee that he, she or they have been duly
authorized by Subrecipient to execute this contract on behalf of Subrecipient and to
validly and legally bind Subrecipient to all terms, performances, and provisions herein
set forth.
C. Subrecipient shall not employ, award contract to, or fund any person that has been
debarred, suspended, proposed for debarment, or placed on ineligibility status by U.S.
Department of Housing and Urban Development. In addition, City shall have the right
to suspend or terminate this contract if Subrecipient is debarred, proposed for
debarment, or ineligible from participating in the CDBG Program.
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SECTION 15. LITIGATION AND CLAIMS
Subrecipient shall give City immediate notice in writing of 1) any action, including any
proceeding before an administrative agency filed against Subrecipient in connection with this
contract; and 2) any claim against Subrecipient, the cost and expense of which Subrecipient
may be entitled to be reimbursed by City. Except as otherwise directed by City, Subrecipient
shall furnish immediately to City copies of all pertinent papers received by Subrecipient with
respect to such action or claim.
SECTION 16. CHANGES AND AMENDMENTS
A. Except as specifically provided otherwise in this contract, any alterations, additions, or
deletions to the terms of this contract shall be by amendment hereto in writing and
executed by both parties to this contract.
B. It is understood and agreed by the parties hereto that performances under this contract
must be rendered in accordance with the Act, the regulations promulgated under the
Act, the assurances and certifications made to City by Subrecipient, and the assurances
and certifications made to the United States Department of Housing and Urban
Development by the City of Port Arthur with regard to the operation of the City's
CDBG Program. Based on these considerations, and in order to ensure the legal and
effective performance of this contract by both parties, it is agreed by the parties hereto
that the performances under this contract are by the provisions of the CDBG Program
and any amendments thereto and may further be amended in the following manner:
City may from time to time during the period of performance of this contract issue
policy directives which serve to establish, interpret, or clarify performance
requirements under this contract. Such policy directives shall be promulgated by the
City Manager when authorized by the City Council of Port Arthur in the form of
CDBG issuances shall have the effect of qualifying the terms of this contract and shall
be binding upon Subrecipient, as if written herein, provided however that said policy
directives and any amendments to the City's CDBG Program shall not alter the terms of
this contract so as to release City of any obligation specified in Section 4 of this
contract to reimburse costs incurred by Subrecipient prior to the effective date of said
amendments or policy directives.
C. Any alterations, additions, or deletions to the terms of this contract which are required
by changes in Federal or state law or regulations are automatically incorporated into
this contract without written amendment hereto, and shall become effective on the date
designated by such law or regulation.
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SECTION 17. SUSPENSION
In the event Subrecipient fails to comply with any terms of this contract, City may, upon
written notification to Subrecipient, suspend this contract in whole or in part and withhold
further payments to Subrecipient, and prohibit Subrecipient from incurring additional
obligations of funds under this contract.
SECTION 18. TERMINATION
The City may terminate this contract in whole or in part, in accordance with 24 CFR 85.43
and this Section. In the event Subrecipient materially fails as determined by City, to comply
with any term of this contract, whether stated in a Federal statute or regulation, an assurance,
in a City plan or application, a notice of award, or elsewhere, City may take one or more of
the following actions:
1. Temporarily withhold cash payments pending correction of the deficiency by
Subrecipient or take more severe enforcement action against Subrecipient.
2. Disallow all or part of the cost of the activity or action not in compliance.
3. Withhold further CDBG awards from Subrecipient.
4. Take other remedies that may be legally available as determined by the City, to
comply with the terms of this contract, City may terminate this contract for
convenience in accordance with 24 CFR 85.44. This contract may be
terminated at any time when both parties agree that the continuation of the
performances would not produce beneficial results commensurate with further
expenditure of funds. Termination shall occur 30 days after the parties agree to
terminate. The Subrecipient shall not incur any new obligations once an
agreement to terminate is reached and shall cancel all outstanding obligations.
The Subrecipient will be reimbursed for expenses incurred to the date of
termination provided grant funds are available.
SECTION 19. AUDIT
A. Unless otherwise directed by City, Subrecipient shall arrange for the performance of
an annual financial and compliance audit of funds received and performances rendered
under this contract, subject to the following conditions and limitations:
1. Subrecipient shall have an audit made in accordance with 24 CFR Part 44, or
OMB Circular A-133 for any of its fiscal years included within the contract
period specified in Section 2 of this contract in which the Subrecipient receives
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more than $500,000 in Federal financial assistance provided by a Federal
agency in the form of grants, contracts, loans, loan guarantees, property,
cooperative agreements, interest subsidies, insurance or direct appropriations,
but does not include direct federal cash assistance to individuals. The term
includes awards of Federal financial assistance received directly from federal
agencies, or indirectly through other units of State and local government;
2. At the option of Subrecipient, each audit required by this section may cover
either Subrecipient's entire operations or each department, agency, or
establishment of Subrecipient which received, expended, or otherwise
administered federal funds;
3. Notwithstanding Section 4(a)(4) and Section 4(a)(5), Subrecipient shall utilize
funds budgeted under this contract to pay for that portion of the cost of such
audit services properly allocable to the activities funded by City under this
contract, provided however that City shall not make payment for the cost of
such audit services until City has received such audit report from Subrecipient;
4. Unless otherwise specifically authorized by City in writing, Subrecipient shall
submit the report of such audit to City within thirty (30) days after completion
of the audit, but no later than nine (9) months after the end of each fiscal period
included within the period of this contract. Audits performed under Subsection
A of this Section 19 are subject to review and resolution by City or its
authorized representative.
5. As a part of its audit, Subrecipient shall verify expenditures according to the
Budget attached as Exhibit B.
B. Notwithstanding Subsection A of this Section 19, City reserves the right to conduct an
annual financial and compliance audit of funds received and performances rendered
under this contract. Subrecipient agrees to permit City or its authorized representative
to audit Subrecipient's records and to obtain any documents, materials, or information
necessary to facilitate such audit.
C. Subrecipient understands and agrees that it shall be liable to City for any costs
disallowed pursuant to financial and compliance audit(s) of funds received under this
contract. Subrecipient further understands and agrees that reimbursement to City of
such disallowed costs shall be paid by Subrecipient from funds which were not
provided or otherwise made available to Subrecipient under this contract.
D. Subrecipient shall take all necessary actions to facilitate the performance of such audit
or audits conducted pursuant to this Section 19 as City may require of Subrecipient.
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E. All approved CDBG audit reports shall be made available for public inspection within
30 days after completion of the audit.
F. Each Subrecipient is required to complete a form that states if the organization receives
$750,000 or more in Federal funding. The completed form will be placed in the
organization's CDBG file.
G. If the organization receives $750,000 or more in Federal funds, then the organization
must have a financial and compliance audit completed and submitted to the City within
thirty (30) days after the completion of the audit, but no later than nine (9) months after
the end of each fiscal period included within the period of its CDBG contract.
H. If the organization receives less than$750,000 in Federal funds, then the City will
require a limited scope audit. If the organization has a routine audit done annually,
then the City would request a copy of the audit.
I. All audits will be received by the City's financial department.
J. The City will keep an audit tracking log that states such information as when each
Subrecipient's fiscal year ends, the audit due date, and the date the City received a copy
of the audit.
SECTION 20. ENVIRONMENTAL CLEARANCE REQUIREMENTS
A. Subrecipient understands and agrees that by execution of this contract Subrecipient shall
be responsible for providing to City all information, concerning this CDBG funded
project, required for City to meet its responsibilities for environmental review, decision
making, and other action which applies to City in accordance with and to the extent
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient
further understands and agrees that Subrecipient shall make all reasonable efforts to
assist City in handling inquiries and complaints from persons and agencies seeking
redress in relation to environmental reviews covered by approved certifications.
SECTION 21. LABOR STANDARDS
A. Davis-Bacon Wage Rates. All laborers and mechanics employed in the rehabilitation of
a project assisted under this contract shall be paid wages at rates not less than those
prevailing on similar rehabilitation in this locality, if such a rate category exists, or the
appropriate rate as determined by the Secretary of Labor in accordance with the
Davis-Bacon Act (40 U.S.C. 276a-5), and contracts involving their employment shall
be subject to the provisions, as applicable, of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-333). Construction contractors and subcontractors, must
comply with regulations issued under these Acts and with other federal laws and
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regulations pertaining to labor standards and HUD Handbook 1334.1 (Federal Labor
Standards Compliance in Housing and Community Development Programs), as
applicable.
B. Copeland Anti-Kickback Act. Subrecipient shall comply with all applicable
regulations of the Secretary of Labor, United States Department of Labor, made
pursuant to the so-called "Copeland Anti-Kickback Act" of June 13, 1934, (48 Stat.
948: 62 Stat. 862; Title U.S.C., Section 874; and Title 40 U.S.C., Section 276 C), and
any amendments or modifications thereof, and shall cause appropriate provisions to be
inserted in any contracts or subcontracts pursuant to the performances under this
contract to ensure compliance therewith by all contractors and subcontractors thereto.
SECTION 22. SPECIAL CONDITIONS
A. City shall not release any funds for costs incurred by Subrecipient under this contract
until City has received certification from subrecipient that its fiscal control and fund
accounting procedures are adequate to assure proper disbursal of and accounting for
funds provided under this contract. City shall specify the content and form of such
certification.
B. Repayment. Subrecipient agrees that all repayments, including all interest and other
return on the investment of CDBG funds will be made to City. City reserves the right
to permit Subrecipient to retain interest or return on investment of CDBG funds for
additional eligible activities by the Subrecipient.
C. Reversion of Assets. Upon termination of this Contract, all funds remaining on hand
on the date of termination, all equipment that was purchased with CDBG funds, and all
accounts receivable attributable to the use of funds received under this contract shall
revert to the City. Subrecipient shall return these assets to the City within seven (7)
business days after the date of termination.
D. Displacement, Relocation, and Acquisition. Subrecipient must ensure that it will not
displace persons (families, business and non-profit organizations) as a result of a project
assisted with funds provided under this contract.
SECTION 23. ORAL AND WRITTEN CONTRACTS
A. All oral and written contracts between the parties to this contract relating to the subject
matter of this contract that were made prior to the execution of this contract have been
reduced to writing and are contained in this contract.
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B. The attachments enumerated and denominated below are hereby made a part of this
contract, and constitute promised performances by Subrecipient in accordance with
Section 3 of this contract:
1. Exhibit A, Performance Statement
2. Exhibit B, Budget
3. Exhibit C, Project Implementation Schedule
4. Exhibit D, Applicable Laws and Regulations
5. Exhibit E, Certifications
SECTION 24. VENUE
For purposes of litigation pursuant to this contract, venue shall lie in Jefferson County, Texas.
SECTION 25. ADDRESS OF NOTICE AND COMMUNICATIONS
City of Port Arthur Program of Health Excellence
Mary E. Essex, Grants Program Administrator W.M. Elmore, Executive Director
444 4th Street 2700 Gulfway Drive
Port Arthur, Texas 77640 Port Arthur, TX 77642
SECTION 26. CAPTIONS
Each paragraph of this contract has been supplied with a caption to serve only as a guide to
contents. The caption does not control the meaning of any paragraph or in any way determine
its interpretation or application.
SECTION 27. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Subrecipient shall comply with all Federal, State and local laws, statutes, ordinances, rules,
regulations, orders and decrees of any court or administrative body or tribunal related to the
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
SECTION 28. EQUIPMENT
Equipment shall be used by the subgrantee in the program or project for which it was acquired
as long as needed, whether or not the project or program continues to be supported by Federal
funds. When no longer needed for the original program or project, the equipment may be used
in other activities currently or previously supported by a Federal agency.
Property records must be maintained that include a description of the property, a serial number
or other identification number, the source of property, who holds title, the acquisition date,
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and cost of the property, percentage of Federal participation in the cost of the property, the
location, use and condition of the property, and any ultimate disposition data including the date
of disposal and sale price of the property.
A control system must be developed to ensure adequate safeguards to prevent loss, damage, or
theft of the property. Any loss, damage, or theft shall be investigated.
Adequate maintenance procedures must be developed to keep the property in good condition.
When the equipment is no longer needed, the subgrantee will request disposition instruction
from the City of Port Arthur.
APPROVED IN FORM:
Val Tizeno
City Attorney
CITY OF PORT ARTHUR
Harvey Robinson
Interim City Manager
ATTEST:
Program of Health Excellence
Sherri Bellard W. M. Elmore, Executive Director
City Secretary
Date
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EXHIBIT A
Performance Statement
PROGRAM OF HEALTH EXCELLENCE
Subrecipient shall carry out the following activities identified in its 2017 CDBG Application:
Program of Health Excellence will offer program participants skills and competency-based
training in the nurse assistant and ward clerk courses. Participants will have the time
advantage of completing their training in a four - (4) week curriculum (100 hours) that exceeds
the state requirement of 75 hours. The courses offered by Program of Health Excellence will
provide 50 classroom clock hours and 50 clinical hours. Program of Health Excellence will
have a one-week post-clinical preparation class called "Work Readiness" that is designed to
prepare graduates for successful employment in the workforce. The program will be open to
the general public and students can be referred by community organizations, social institutions,
hospitals, and other health care institutions in the community. CDBG funds will pay tuition
expenses for eighteen (18) students who are Port Arthur residents and meet the income limits
defined by HUD for family size. Each student will be required to complete and sign an
income verification form. The tuition is set at $968.00 per student. The classes will be
instructed by Willie Mae Elmore, R.N., MS and has 31 years of experience in the nursing field
and four (4) years of classroom instructional experience. The classes will be held from 5:00
p.m. to 10:00 p.m., Monday through Friday, in Port Arthur. Students will participate in two
(2) weeks of theory and two (2) weeks of hands on clinical practice. After successfully
completing the four- (4) week course, arrangements will be made for the students to take the
State Certified Nurse exam and then will be assisted with fmding employment.
Subrecipient shall utilize CDBG funds to pay tuition for eligible low to moderate-income
persons residing in Port Arthur.
Funds shall be disbursed to Subrecipient on a periodic basis, with such periods not to exceed
quarterly. Said periodic disbursements shall be based upon the Subrecipient's disbursement
request. Subrecipient shall be paid solely from Community Development Block Grant Funds.
Subrecipient shall utilize Seventeen Thousand Four Hundred Eighty Dollars and No/100
($17,480) of contract funds to complete its activities.
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Administration
Subrecipient shall utilize its own funds to carry out all project administration activities,
including the cost associated with the required annual program compliance and fiscal audit. It
is further understood that any costs above this contract amount incurred by the Subrecipient for
these activities shall be paid for with private or other funds.
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EXHIBIT B
Budget
Program of Health Excellence
Activity Contract Other TOTAL
Funds Funds FUNDS
Tuition $17,480.00 $0.00 $17,480.00
Total Budget $17,480.00 $0.00 $17,480.00
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EXHIBIT C
Project Implementation Schedule
Program of Health Excellence
CONTRACT START DATE: CONTRACT ENDING DATE:
IMPLEMENTATION SCHEDULE
MONTHS
Activities 1 2 3 4 5 6 7 8 9 10 11 12
General Administration X X X X X X X X X X X X
Final Report &
Close-out X
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EXHIBIT D
The Applicable Laws and Regulations
Subrecipient shall comply with all federal, state, and local laws and regulations applicable to
the activities and performances rendered by Subrecipient under this contract including, but not
limited to, the laws and regulations specified in Section I through IV of this Exhibit D.
CIVIL RIGHTS
The Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR
part 10; Executive Order 11063, as amended by Executive Order 11063, as amended
by Executive Order 12259 (3 CFR, 1958-1963 Comp., 652 and 3 CFR, 1980 Comp.,
p. 307) (Equal Opportunity in Housing and implementing regulations at 24 CFR, Part
107; and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination
on Federally Assisted Programs) and implementing regulations issued at 24 CFR, Part
1;
Executive Order 11063, as amended by Executive Order 12259, and 24 CFR part 107,
"Nondiscrimination and Equal Opportunity in Housing under Executive order 11063 or
24 CFR, Part 107 shall be a proper basis for the imposition of sanctions specified in 24
CFR 107.60;
The prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR, Part 146,
and the prohibitions against discrimination against handicapped individuals under
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing
regulations at 24 CFR, Part 8;
The requirements of Executive Orders 1246 (3 CFR 1964-65, Comp., p. 339)
(Equal Employment Opportunity) and the implementing regulations issued at 4I CFR,
Chapter 60.
The requirements of Executive Orders 11625 and 12432 (concerning Minority Business
Enterprise), and 12138 (concerning Women's Business Enterprise). Consistent with
HUD's responsibilities under these Orders, each applicant must make efforts to
encourage the use of minority and women's business enterprises in connection with
HOME funded activities. Each Contractor must prescribe procedures acceptable to the
City to establish activities to ensure the inclusion, to the maximum extent possible, of
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minorities and women, and entities owned by minorities and women. The
Contractor/Subcontractor will be required to identify contracts which have been bid by
minority owned, women owned, and/or small disadvantaged businesses.
The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.);
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and
"Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities
of the Department of Housing and Urban Development", 24 CFR, Part 8. By signing
this contract, Contractor understands and agrees that the activities funded herein shall
be operated in accordance with 24 CFR, Part 8; and the Architectural Barriers Act of
1968 (42 U.S.C., Section 4151 et. seq.), including the use of a telecommunications
device for deaf persons (TDDs) or equally effective communication system.
H. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
24 CFR Part 51, Environmental Criteria and Standards.
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EXHIBIT E
Certification Regarding Lobbying for
Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of congress, an officer or
employee of congress, or an employee of a member of congress in connection
with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, or
modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee
of any agency, a member of congress, an officer or employee of congress, or an
employee of a member of congress in connection with this federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and
submit standard form -LLL, "Disclosure Form to Report Lobbying", in
accordance with its instructions.
3. The undersigned shall require that the language of this certification be included
in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
This certification is material representation of fact which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $100,000 for each such failure.
Signed:
W. M. Elmore, Executive Director
Program of Health Excellence
Date
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