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HomeMy WebLinkAboutPR 20410: 2018 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENTS City of - ort Tr ru.c www.PortArthurTx.Rov INTEROFFICE MEMORANDUM Date: August 28, 2018 To: The Honorable Mayor and City Council Through: Harvey Robinson, Interim City Manager From: Ronald Burton, Director of Development Services RE: 2018 Community Development Block Grant Agreements Introduction: The intent of this Agenda Item is to seek the City Council's approval for the City Manager to authorize the execution of Community Development Block Grant interoffice and non-profit grant agreements for program year 2018. Background: The Department of Housing and Urban Development has awarded funding in the amount of $1,074,979 for the 2018 Community Development Block Grant program. Budget Impact: Community Development Block Grant program is the only funding source. Recommendation: It is recommended that City Council approve P. R. #20410, as discussed above. S:\grants2\44th Year\Resolution\Agenda Memo Template-P.R.20410.docx "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. 20410 08/17/2018 ME—Grants Management RESOLUTION NUMBER A RESOLUTION AUTHORIZING THE EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT INTEROFFICE AGREEMENTS WITH HOUSING ASSISTANCE,GRANTS MANAGEMENT,AND PUBLIC WORKS AND CONTRACTS BETWEEN THE CITY OF PORT ARTHUR AND THE NON PROFIT SERVICE ORGANIZATIONS FOR PUBLIC SERVICE ACTIVITIES IN THE AMOUNT OF $52,000,THIS BEING $5,000 FOR GIFT OF LIFE; $10,000 FOR NUTRITION AND SERVICES FOR SENIORS; $10,000 for TENDER LOVING CARE DBA LEGACY COMMUNITY DEVELOPMENT CORPORATION,AND $27,000 FOR CATHOLIC CHARITIES FOR THE BENEFIT OF THE LOW AND MODERATE-INCOME RESIDENTS OF THE CITY. WHEREAS,the public services organizations were chartered as Texas non-profit corporations that are organized to serve the needs of the citizens in the community; and, WHEREAS, interoffice agreements with Housing Assistance, Grants Management, and Public Works street reconstruction to serve the needs of the low to moderate-income; and, WHEREAS,the Department of Housing and Urban Development has awarded funding to the City in the amount of$1,074,979 pursuant to the Housing and Development Act of 1974 for the primary benefit of low and moderate income persons; and, WHEREAS,the City Council now finds it desirable and appropriate to provide funds in the amount of$52,000, being$5,000 for Gift of Life; $10,000 for Nutrition and Services for Seniors; $27,000 for Catholic Charities and$10,000 for Tender Loving Care dba Legacy Community Development ; to benefit low and moderate income residents of the city; and, WHEREAS, interoffice agreements with the Housing Assistance division for housing assistance include projects in the amount of$441,109, down payment assistance for$240,116, site clearance for$100,000, $120,000 Housing Infrastructure Improvements, and administration expenses for$100,993; Grants Management administration expenses for$160,000; Public Works street reconstruction for$301,870; and WHEREAS,the City Council,by its adoption of Resolution Number 18-205, (authorizing submission of a 44th Year Consolidated Plan)has obligated itself to provide financial assistance to Port Arthur non-profit organizations and city divisions listed; and, WHEREAS,the City Council is required to designate an official to sign all documents in connection with amendments to the applications and grant agreements; now,therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the City Manager is authorized to execute contracts with the public service organizations, in the total amount of Fifty-Two Thousand and Dollars ($52,000) for the proposal outlined herein in substantially the same form as attached Attachment 1 through 8 and $902,979 for city department in substantially the same as form as Attachments 5 - 8; and, THAT said contracts are an exact duplicate of the Newly Federally funded Community Development Block Grant subrecipient contracts, which are the standard contract that the city will be using, and is hereby incorporated by reference, and said changes are hereby approved. 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: TA). A AA� VAL TIZEN CITY ATTORNEY APPROVED FOR ADMINISTRATION: HARVEY ROBINSON INTERIM CITY MANAGER APPROVED FOR AVAILABILITY OF FUNDS: /Vs49 A 1 „ 4.01. gra. ,orQ, ANDREW VASQUEZ DIRECTOR OF FINANCE S:\grants2144th Year\Resolution\Resolution for public service organizations and interoffice agreements for 2018.docx ATTACHMENT 1 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 "Gift of Life", 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 information about prostate cancer screening; and, WHEREAS, the U. S. Department of Housing and Urban Development (HUD) has awarded funding to the City in the amount of$1,074,979 pursuant to the Housing and Development Act of 1974, as amended (hereinafter called the "grant"); and, WHEREAS, by the adoption of Resolution 18-205 (authorizing submission of a 44th Year Community Development Block Grant Application) the City has obligated itself to provide financial assistance to "Gift of Life" program, 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, 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 1 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 August 28, 2018 and shall terminate on August 27, 2019, unless otherwise specifically provided by the terms of this contract. SECTION 3. SUBRECIPIENT'S PERFORMANCE The Julie Rogers "Gift of Life" Program is a non-profit 501(c)(3) organization located in Beaumont, Texas, and serving all of Southeast Texas. Operating for 15 years, the agency is dedicated to providing extensive educational outreach that focuses on breast, prostate, testicular, and lung cancer; free mammograms and prostate cancer screenings with access to follow-up treatment for medically underserved men and women; and a tobacco prevention and cessation program which targets adults and children. CDBG funds will pay the salary for the Case Manager with the Prostate Cancer Diagnostic Testing and Treatment program. Gift of Life will conduct Free Prostate Cancer Screening event in Port Arthur. 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 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. 2 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 signed time sheets and canceled payroll checks for the Case Manger 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. 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 Five Thousand and No/100 Dollars ($5,000.00). 3 SECTION 5. DISBURSEMENT OF FUNDS A. City will reimburse for the Case Manager's Salary. Time sheets must be submitted and signed by Case Manager and supervisor along with cancelled payroll checks for the Case Manager. 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 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 and 2 CFR Part 200. 4 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 that participated in the prostate program including income verification form and race for each participate. The information must be included with reimbursement or before grant funding is disbursed. Subrecipient shall provide City with all reports necessary for City's compliance with 24 CFR Part 570 and 2 CFR Part 200. 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, 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. 5 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 financial management; 3. 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 described in this contract, expressly understands that in entering into such subcontracts, City is in no way liable to Subrecipient's subcontractor(s). 6 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 and 2 CFR Part 200 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 with CDBG funds provided under this contract be given to low-income persons residing within the City of Port Arthur; and 7 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 and 2 CFR Part 200. 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. 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 8 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. 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. 9 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 and 2 CFR Part 200 for any of its fiscal years included within the contract period specified in Section 2 of this contract in which the Subrecipient receives more than $750,000 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; 10 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. 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. 11 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 statement of Revenues, Expenditures and change in Fund Balance report thirty (30) days after the contract expiration date. Final payment of grant funds will be retained until the statement of Revenues, Expenditures and change in Fund Balance is submitted to the Grants Management's Office. If the organization has a routine audit done annually, then the City would request a copy of the audit. 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 regulations pertaining to labor standards and HUD Handbook 1334.1 (Federal Labor Standards Compliance in Housing and Community Development Programs), as applicable. 12 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. 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 13 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 Gift of Life Mary E. Essex, Grants Program Administrator Director 444 4th Street 2390 Dowlen Rd. Port Arthur, Texas 77640 Beaumont, TX 77706 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, 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. 14 When the equipment is no longer needed, the subgrantee will request disposition instruction from the City of Port Arthur. APPROVED AS TO FORM: Val Tizeno City Attorney CITY OF PORT ARTHUR Harvey Robinson Interim City Manager ATTEST: "Gift of Life" Sherri Bellard Director City Secretary Date 15 EXHIBIT A Performance Statement Julie Rogers "Gift of Life" Subrecipient shall carry out the following activities identified in its 2018 CDBG Application: The Julie Rogers "Gift of Life" Program is a non-profit 501(c)(3) organization located in Beaumont, Texas, and serving all of Southeast Texas. Operating for 15 years, the agency is dedicated to providing extensive educational outreach that focuses on breast, prostate, testicular, and lung cancer; free mammograms and prostate cancer screenings with access to follow-up treatment for medically underserved men and women; and a tobacco prevention and cessation program which targets adults and children. CDBG funds will pay the salary for the Case Manager with the Prostate Cancer Diagnostic Testing and Treatment program. Gift of Life will conduct Free Prostate Cancer Screening event in Port Arthur during Prostate Cancer Awareness Month. 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 Five Thousand and No/100 Dollars ($5,000.00) of contract funds to complete its activities. 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. 16 EXHIBIT B Budget Julie Rogers, "Gift of Life" Program Activity Contract Other TOTAL Funds Funds FUNDS 1. Case Manager $5,000.00 $0.00 $5,000.00 Total Budget $5,000.00 $0.00 $5,000.00 17 EXHIBIT C Project Implementation Schedule Julie Rogers "Gift of Life" 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 18 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 minorities and women, and entities owned by minorities and women. The 19 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. II. 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. 20 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: Director Julie Rogers "Gift of Life" Date 21 ATTACHMENT 2 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 the Nutrition& Services for Seniors, 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 promote better health and dignity among the older segment of the population through improved nutrition, medical and social transportation and Home Health Care; and, WHEREAS, the U. S. Department of Housing and Urban Development (HUD) has awarded funding to the City in the amount of$1,074,979 pursuant to the Housing and Development Act of 1974, as amended (hereinafter called the "grant"); and, WHEREAS, by the adoption of Resolution 18-205 (authorizing submission of a 44th Year Community Development Block Grant Application) the City has obligated itself to provide financial assistance to the Nutrition & Services for Seniors 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, 1 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 August 28, 2018 and shall terminate on August 27, 2019, unless otherwise specifically provided by the terms of this contract. SECTION 3. SUBRECIPIENT'S PERFORMANCE The Subrecipient shall use Community Development Block Grant Funds (CDBG) to reimburse Nutrition and Services for Seniors at a rate of$6.83 per meal delivered to homebound senior citizen. For over 20 years Nutrition& Services for seniors has been the focal point for seniors in Jefferson and Hardin counties. By providing congregate meals, home delivered meals, transportation and information and referral seniors are able to remain independent in their own homes. 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 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 2 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 invoices from suppliers or contractors, copies of cancelled checks (if available), income verification forms, or other evidences approved by City's Grants Management staff. These invoices 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. 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 Ten Thousand and No/l00 Dollar ($10,000.00). 3 SECTION 5. DISBURSEMENT OF FUNDS A. City will reimburse only for delivery of meals on wheels to homebound seniors in accordance with the requirement of 24 CFR 570 and 2 CFR Part 200. 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 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 and 2 CFR Part 200. 4 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 Subrecipient retains the records. 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 final 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 and race of the persons served. The report will be due on the 15th of every month unless provided on the reimbursement statement. Subrecipient shall provide City with all reports necessary for City's compliance with 24 CFR Part 570 and 2 CFR Part 200. 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, 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. 5 SECTION 9. MONITORING The City reserves the rights 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 financial management; 3. Provide each Subrecipient with a copy of the monitoring guideline 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 described in this contract, expressly understands that in entering into such subcontracts, City is in no way liable to Subrecipient's subcontractor(s). 6 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 fmancial 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 and 2 CFR Part 200 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 with CDBG funds provided under this contract be given to low-income persons residing within the City of Port Arthur; and 7 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 and 2 CFR Part 200. 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. 8 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. 9 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-110 and 2 CFR Part 200 for any of its fiscal years included within the contract period specified in Section 2 of this contract in which the 10 Subrecipient receives more than $750,000 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. 11 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. 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 statement of Revenues, Expenditures and change in Fund Balance report thirty (30) days after the contract expiration date. Final payment of grant funds will be retained until the statement of Revenues, Expenditures and change in Fund Balance is submitted to the Grants Management's Office. 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. 12 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 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 rights 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 equipment that was purchased with grant funds, funds remaining on hand on the date of termination, and all accounts receivable attributable to the use of funds received under this contract shall revert to City. Subrecipient shall return these assets to City within seven (7) business days after the date of termination. 13 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. 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 Nutrition & Services for Seniors Mary E. Essex, Grants Program Administrator Elaine Shellenberger 444 4th Street 4590 Concord Road Port Arthur, Texas 77640 Beaumont, Texas 77703 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 14 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, 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. 15 APPROVED AS TO FORM: Val Tizeno City Attorney CITY OF PORT ARTHUR Harvey Robinson Interim City Manager ATTEST: Nutrition& Services for Seniors Sherri Bellard President City Secretary Date 16 EXHIBIT A Performance Statement Nutrition & Services for Seniors Subrecipient shall carry out the following activities identified in its 2018 CDBG Application: The Subrecipient shall use Community Development Block Grant Funds (CDBG) to reimburse Nutrition and Services for Seniors at a rate of$6.83 per meal delivered to homebound senior citizen. For over 20 years Nutrition& Services for seniors has been the focal point for seniors in Jefferson and Hardin County. By providing congregate meals, home delivered meals, transportation and information and referral, seniors are able to remain independent in their own homes. Funds shall be disbursed to Subrecipient on a periodic basis. 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 Ten Thousand Dollars and No/100 ($10,000.00) of contract funds to complete these activities. 17 EXHIBIT B Budget Nutrition & Services for Seniors Activity Contract Other TOTAL Funds Funds FUNDS 1. Meals on Wheel $10,000.00 $0.00 $10,000.00 TOTAL FUNDS $10,000.00 $0.00 $10,000.00 18 EXHIBIT C Project Implementation Schedule Nutrition & Services for Seniors CONTRACT START DATE: CONTRACT ENDING DATE: Activities Program 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 19 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 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. 20 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. II. 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. 21 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: Nutrition & Services for Seniors Date 22 ATTACHMENT 3 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 Tender Loving Care Center for Children dba Legacy Community Development Corporation, 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 Legacy Community Development Corporation (Legacy CDC) was created to a provide services that will assist families in addressing barriers to self- sufficiency. Our mission is to foster family stability through the provision of housing and counseling services. The parent organization, Tender Loving Care Center for Children (TLCCC) was founded in December, 2006 to provide low to moderate income parents with guidance and parenting skills to reduce the incidence of child abuse; and, WHEREAS, the U. S. Department of Housing and Urban Development (HUD) has awarded funding to the City in the amount of$1,074,979 pursuant to the Housing and Development Act of 1974, as amended (hereinafter called the "grant"); and, WHEREAS, by the adoption of Resolution 18-205 (authorizing submission of a 44th Year Community Development Block Grant Application) the City has obligated itself to provide financial assistance to Tender Loving Care Center for Children dba Legacy 1 Community Development Corporation to provide homeownership classes, 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, 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 August 28, 2018 and shall terminate on August 27, 2019, unless otherwise specifically provided by the terms of this contract. SECTION 3. SUBRECIPIENT'S PERFORMANCE Tender Loving Care Center for Children dba Legacy Community Development Corporation shall conduct homebuyer's education classes to assist low to moderate-income families with homeownership. Grant funds will be used to pay tuition expenses for eligible families at the rate of $100 per person. Each recipient must satisfy income requirements as defined by the Department of Housing and Urban Development. 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 responsibility to furnish its own accounting services including clerical, statistical, bookkeeping for expenditures made by Subrecipient in performance of the obligations herein. 2 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 sign-in sheets 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. 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. 3 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 Ten Thousand and No/100 Dollars ($10,000.00). SECTION 5. DISBURSEMENT OF FUNDS A. City will cover the cost incurred under this contract in accordance with the requirements of 24 CFR 570 and 2 CFR Part 200. 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 4 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 and 2 CFR Part 200. 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 final 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 homebuyer's education classes by race unless information is provided on reimbursement statement. The report will be due on the 15th of every month. Subrecipient shall provide City with all reports necessary for City's compliance with 24 CFR Part 570 and 2 CFR Part 200. 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, City may, at its sole discretion, withhold any or all payments otherwise due or 5 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 financial 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 6 proposed subcontract. Subrecipient, in subcontracting for any performances 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 and 2 CFR Part 200 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: 7 1. To the greatest extent feasible, opportunities for training and employment arising in connection with the planning and carrying out of any project assisted 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 and 2 CFR Part 200. 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. 8 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. 9 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. 3. 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: 10 1. Subrecipient shall have an audit made in accordance with 24 CFR Part 44, or OMB Circular A-133 and 2 CFR Part 200 for any of its fiscal years included within the contract period specified in Section 2 of this contract in which the Subrecipient receives more than $750,000 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 fmancial 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. 11 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. 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 statement of Revenues, Expenditures and change in Fund Balance report thirty (30) days after the contract expiration date. Final payment of grant funds will be retained until the statement of Revenues, Expenditures and change in Fund Balance is submitted to the Grants Management's Office. 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. 12 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 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. 13 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. 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 Tender Loving Care Center for Children dba Mary E. Essex, Grants Program Adm. Legacy Community Development Corporation 444 4`h Street Vivian L. Ballou, Executive Director Port Arthur, Texas 77640 3025 Plaza Circle 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 14 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, 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. 15 APPROVED IN FORM: Val Tizeno City Attorney CITY OF PORT ARTHUR Harvey Robinson Interim City Manager ATTEST: Tender Loving Care Center for Children dba Legacy Community Development Center Sherri Bellard Director City Secretary Date 16 EXHIBIT A Performance Statement Legacy Community Development Corporation Subrecipient shall carry out the following activities identified in its 2018 CDBG Application: Tender Loving Care Center for Children dba Legacy Community Development Corporation shall conduct homebuyer's education classes to assist low to moderate-income families with homeownership. Grant funds will reimburse tuition at the rate of$100 per person for approximately 100 persons to attend homebuyer's education courses. Subrecipient shall utilize Ten Thousand and No/100 Dollars ($10,000.00) of contract funds to complete its activities. 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. 17 LOW INCOME STATUS Low income status shall be the basis for CDBG assistance to children participating in the Subrecipient's program and said low income shall be determined by establishing the Gross Family Income of each assisted child's household. Said income status is defined by the U.S. Department of Housing and Urban Development. Income, for the purpose of this contract, is defined as the income of the assisted child's parent's or parent, legal guardian, and any other persons related by blood, marriage, or operation of law who share the same dwelling unit. Gross Family Income shall be calculated by including the total family income from all sources before taxes, including the income of the parents participating in the program but excluding other household members who are minors (under 18 years of age) or full time students. 18 EXHIBIT B Budget Legacy Community Development Corporation Activity Contract Other TOTAL Funds Funds FUNDS Housing Counseling Services $10,000 $0.00 $10,000.00 Total Budget $10,000.00 $0.00 $10,000.00 19 EXHIBIT C Project Implementation Schedule Legacy Community Development Corporation 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 20 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. I. 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 21 City to establish activities to ensure the inclusion, to the maximum extent possible, of 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. II. 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. 22 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: Director Tender Loving Care dba Legacy Community Dev. Corp. Date 23 ATTACHMENT 4 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 Catholic Charities of Southeast Texas, Jefferson County, Texas (hereinafter called "Subrecipient") acting herein by its President/CEO, 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 serves the needs of the homeless in the community; and, WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has awarded funding to the City in the amount of$1,074,979 pursuant to the Housing and Development Act of 1974, as amended (hereinafter called the "grant"); and, WHEREAS, by the adoption of Resolution 18-205 (authorizing submission of a 44th Year Consolidated Plan) the City has obligated itself to provide financial assistance to South Jefferson County Hospitality Center for services to needy families 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, 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 1 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 August 28, 2018 and shall terminate on August 27, 2019, unless otherwise specifically provided by the terms of this contract. SECTION 3. SUBRECIPIENT'S PERFORMANCE The Subrecipient shall provide one daily meal, seven days a week to the elderly on fixed incomes, working poor, temporarily needy, and homeless in Port Arthur at the 3959 Gulfway Drive location. CDBG funds will reimburse for utility expenses: water, gas, and electricity. CDBG will only pay the current monthly charges for the utilities. CDBG will not pay late fees or unpaid charges from previous months. Receipts and copies of cancelled checks must be attached to a reimbursement statement. CDBG will cover the salary for security officers at the Hospitality Center at the rate of$40/hour. Timesheets and copy of payroll checks will be required. The Hospitality Center will serve at least 1,000 meals. 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 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. 2 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 original invoices and copies of cancelled checks from suppliers or contractors or other evidences approved by City's Grants Management staff. These invoices 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. 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 Twenty Seven Thousand and No/100 Dollars ($27,000.00). SECTION 5. DISBURSEMENT OF FUNDS A. City will reimburse only for salary for security officers and utilities (gas, water, and electricity) 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. Each paid salary must submit timesheets with signature of employee and supervisor. 3 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 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 and 2 CFR Part 200. 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. 4 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 final 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 meals served and the race of the clients served at the Hospitality Center located at 3959 Gulfway Drive. The report will be due on the 15th of every month unless the information is provided with the reimbursement statement. Subrecipient shall provide City with all reports necessary for City's compliance with 24 CFR Part 570 and 2 CFR Part 200. 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, 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; 5 2. Provide each Subrecipient with information on financial management; 3. 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 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 procurements under this contract. 6 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 and 2 CFR Part 200 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 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. 7 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 and 2 CFR Part 200. 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. 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 8 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. 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. 9 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 and 2 CFR Part 200 for any of its fiscal years included within the contract period specified in Section 2 of this contract in which the Subrecipient receives more than $750,000 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 10 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. 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 statement of Revenues, Expenditures and change in Fund Balance report thirty (30) days after the contract expiration date. Final payment of grant funds will be retained until the statement of Revenues, Expenditures and change in Fund Balance is submitted to the Grants Management's Office. If the organization has a routine audit done annually, then the City would request a copy of the audit. All audits will be received by the City's financial department. 11 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 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. 12 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, and all accounts receivable attributable to the use of funds received under this contract shall revert to City. Subrecipient shall return these assets to 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. 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. 13 SECTION 25. ADDRESS OF NOTICE AND COMMUNICATIONS City of Port Arthur Catholic Charities Mary E. Essex, Grants Program Administrator President/CEO 444 4th Street 2780 Eastex Freeway Port Arthur, Texas 77640 Beaumont, Texas 77704-0829 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, 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. 14 APPROVED IN FORM: Val Tizeno City Attorney CITY OF PORT ARTHUR Harvey Robinson Interim City Manager ATTEST: Sherri Bellard City Secretary CATHOLIC CHARITIES OF SOUTHEAST TEXAS Carolyn Fernandez President/CEO Date 15 EXHIBIT A Performance Statement Catholic Charities of Southeast Texas Subrecipient shall carry out the following activities identified in its 2018 CDBG Application: The Subrecipient shall provide one daily meal, seven days a week to the elderly on fixed incomes, working poor, temporarily needy, and homeless in Port Arthur at the 3959 Gulfway Drive location. CDBG funds will reimburse for utility expenses: water, gas, and electricity. CDBG will only pay the current monthly charges for the utilities. CDBG will not pay late fees or unpaid charges from previous months. Receipts and copies of cancelled checks must be attached to a reimbursement statement. CDBG will cover the salary for a security officer at the Hospitality Center at the rate of$40/hour. Timesheets and copy of payroll checks will be required. The Hospitality Center will serve at least 1,000 meals. Subrecipient shall utilize CDBG funds, in conjunction with Subrecipient's own funds, to provide hot meals to homeless residents of the City of Port Arthur. Subrecipient shall utilize Twenty Seven Thousand and No/100 Dollars ($27,000.00) of contract funds to complete these activities. 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. 16 EXHIBIT B Budget Catholic Charities of Southeast Texas Activity Contract Other TOTAL Funds Funds FUNDS 1) Security Services $ 15,100.00 $0.00 $ 15,100.00 2) Utilities $ 11,900.00 $0.00 $ 11,900.00 TOTAL FUNDS $ 27,000.00 $0.00 $ 27,000.00 17 EXHIBIT C Project Implementation Schedule Catholic Charities of Southeast Texas CONTRACT START DATE: CONTRACT ENDING DATE: Activities 1 2 3 4 5 6 7 8 9 10 11 12 Provide Meal Service X X X X X X X X X X X General Administration X X X X X X X X X X X X Project Close-out X X 18 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 minorities and women, and entities owned by minorities and women. The 19 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. 20 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: President/CEO Catholic Charities of Southeast Texas Date 21 ATTACHMENT 5 INTERDEPARTMENTAL AGREEMENT This Interdepartmental Agreement (Agreement) entered into between the Grants Management Division and the Housing Assistance Division. I. PURPOSE The purpose of this Interdepartmental Agreement is to provide 2018 Community Development Block (CDBG) funds to the Housing Assistance Division for housing services such as Down payment assistance, site clearance, and infrastructure Improvement. II. TIME OF PERFORMANCE The Time of Performance under this Agreement shall begin August 28, 2018 and end August 27, 2019. III. SERVICES PROVIDED The Housing Assistance Division shall provide housing services to low and moderate-income families of Port Arthur,Texas. IV. BUDGET The budget is as follows: Housing Infrastructure Improvements-$120,000; Housing Assistance/EDC Down payment/Closing Costs-$240,116; Housing Assistance/EDC Site Clearance-$100,000 V. PROGRAM STANDARDS Projects undertaken must principally be of direct benefit to low and moderate income persons or the project must benefit a low to moderate income area of the City of Port Arthur. VI. PROGRAM REQUIREMENTS Program in receipt of funds under this Agreement must be in compliance with City of Port Arthur Procurement Procedures and 24 CFR 570 and 2 CFR Part 200. VII. PERFORMANCE STANDARDS The Housing Assistance Division shall perform the work specified in this Agreement in a reasonable and prudent manner. VIII. REPORTS Monthly reports are due by the 28th day of each month and include the number of persons served by race and income. IX. AMENDMENTS Any amendments to this Agreement must be made in writing and approved by both parties hereto. Harvey Robinson, Interim City Manager Date Housing Assistance Division Ron Burton, Development Services Director Date S:\grants2\44th Year\Contracts\2018 Housing Assistance projects.doc ATTACHMENT 6 INTERDEPARTMENTAL AGREEMENT This Interdepartmental Agreement (Agreement) entered into between the Grants Management Division and the Housing Assistance Division. I. PURPOSE The purpose of this Interdepartmental Agreement is to provide 2018 Community Development Block(CDBG)funds to the Housing Assistance Division for administration expenses. II. TIME OF PERFORMANCE The Time of Performance under this Agreement shall begin August 28, 2018 and end August 27, 2019. III. SERVICES PROVIDED The Housing Assistance Division shall provide housing services to low and moderate-income families of Port Arthur,Texas. IV. BUDGET The budget is One Hundred Thousand Nine Hundred Ninety-three and No/100 Dollars ($100,993). V. PROGRAM STANDARDS Projects undertaken must principally be of direct benefit to low and moderate income persons or the project must benefit a low to moderate income area of the City of Port Arthur. VI. PROGRAM REQUIREMENTS Program in receipt of funds under this Agreement must be in compliance with City of Port Arthur Procurement Procedures and 24 CFR 570 and 2 CFR Part 200. VII. PERFORMANCE STANDARDS The Housing Assistance Division shall perform the work specified in this Agreement in a reasonable and prudent manner. VIII. REPORTS Monthly reports are due by the 28th day of each month and include the number of persons served by race and income. IX. AMENDMENTS Any amendments to this Agreement must be made in writing and approved by both parties hereto. Harvey Robinson, Interim City Manager Date Housing Assistance Division Ron Burton, Director of Development Services Date S:\grants2\44th Year\Contracts\2018 Housing Assistance-Administration.docx ATTACHMENT 7 INTERDEPARTMENTAL AGREEMENT This Interdepartmental Agreement (Agreement) with the Grants Management Division PURPOSE The purpose of this Interdepartmental Agreement is to provide 2018 Community Development Block (CDBG) funds to the Grants Management division for administration expenses. I. TIME OF PERFORMANCE The Time of Performance under this Agreement shall begin August 28, 2018 and end August 27, 2019. II. SERVICES PROVIDED The Grants Management division will administer the Community Development Block Grant Program. III. BUDGET The budget is One Hundred Sixty Thousand and No/100 dollars ($160,000). IV. PROGRAM STANDARDS Projects undertaken must principally be of direct benefit to a low to moderate income area or person of the City of Port Arthur. V. PROGRAM REQUIREMENTS Program in receipt of funds under this Agreement must be in compliance with City of Port Arthur Procurement Procedures and 24 CFR 570 and 2 CFR Part 200. VI. AMENDMENTS Any amendments to this Agreement must be made in writing and approved hereto. Harvey Robinson, Interim City Manager Date Ron Burton, Director of Development Services Date S:\grants2\44th Year\Contracts\Grants Management 2018.docx ATTACHMENT 8 INTERDEPARTMENTAL AGREEMENT This Interdepartmental Agreement (Agreement) entered into between the Grants Management Division and the Public Works Street Division. I. PURPOSE The purpose of this Interdepartmental Agreement is to provide 2018 Community Development Block(CDBG)funds to resurface streets in eligible CDBG areas of the city. II. TIME OF PERFORMANCE The Time of Performance under this Agreement shall begin August 28, 2018 and end August 27, 2019. III. SERVICES PROVIDED The Public Works Street Division will resurface streets according to Attachment "A". IV. BUDGET The budget is Three Hundred One Thousand Eight Hundred Seventy and No/100 dollars ($301,870). V. PROGRAM STANDARDS Projects undertaken must principally be of direct benefit to a low to moderate income area of the City of Port Arthur. VI. PROGRAM REQUIREMENTS Program in receipt of funds under this Agreement must be in compliance with City of Port Arthur Procurement Procedures and 24 CFR 570 and 2 CFR Part 200. VII. PERFORMANCE STANDARDS Public Works shall perform the work specified in this Agreement in a reasonable and prudent manner. VIII. REPORTS A. Weekly certified payroll reports, if applicable; B. Monthly Section 3 reports, if applicable; and C. Monthly report of the number of streets completed and the total completion costs. D. IX. AMENDMENTS Any amendments to this Agreement must be made in writing and approved by both parties hereto. 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