HomeMy WebLinkAboutPR 21019: AMENDMENT NO. 6 TO THE NEIGHBORHOOD STABILIZATION PROGRAM 1 City of ; '�,�.e
ki
()It rlIrrr' r
Texas
www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: August 16, 2019
To: The Honorable Mayor and City Council
Through: Ron Burton, Interim City Manager
L-19k
From: Beverly A. Freeman, Housing &Neighborhood Revitalization Manager
RE: Proposed Resolution 21019—Amendment No. 6 to the Neighborhood
Stabilization Program 1 Program Income (NSP1-PI) Reservation System
Participation Agreement
Introduction:
The intent of this Agenda Item is to seek the City Council's approval for the City Manager to
execute Amendment Number 5 to the Neighborhood Stabilization Program 1 (NSP 1) Contract Number
77090000154 to extend the contract expiration date from August 31, 2019 to August 31, 2020, and
Amendment No. 6 to the Neighborhood Stabilization Program 1 Program Income (NSP1-PI)
Reservation System Participation Agreement between the City of Port Arthur and Texas Department of
Housing and Community Affairs (TDHCA), Contract Number 77090003154 to provide for
reimbursements of eligible expenses incurred after August 17, 2013 and close on remaining Land Bank
properties under the existing Neighborhood Stabilization Program 1 Contract Number 77090000154.
Background:
The Neighborhood Stabilization Program 1 Program Income (NSP 1-P1) Reservation System
Participation Agreement Number 77090003154 is being amended to provide for the continuation of
reimbursement of eligible expenses incurred after the August 17, 2013 and to close on remaining Land
Bank properties under the existing Neighborhood Stabilization Program 1 Contract Number
77090000154.
Budget Impact:
NA
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 * FAX 409.982.6743
. ))Ciro of - q � .
��
urt rtlrr;r
www.PortArthurTx.gov
Recommendation:
It is recommended that City Council approve the City Manager to execute Amendment Number
5 to the Neighborhood Stabilization Program 1 (NSP 1) Contract Number 77090000154 to extend the
contract expiration date from August 31, 2019 to August 31, 2020 and Amendment No. 6 to the
Neighborhood Stabilization Program 1 Program Income (NSP1-PI) Reservation System Participation
Agreement between the City of Port Arthur and Texas Department of Housing and Community Affairs
(TDHCA),Contract Number 77090003154, as discussed and/or outlined above.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P. R. 21019
08/19/19 BAF
HOUSING
RESOLUTION NUMBER
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NUMBER 5 TO THE NEIGHBORHOOD
STABILIZATION PROGRAM 1 (NSP1) AGREEMENT EXTENDING
THE CONTRACT EXPIRATION DATE FROM AUGUST 31, 2019 TO
AUGUST 31, 2020 AND AMENDMENT NUMBER 6 TO
NEIGHBORHOOD STABILIZATION PROGRAM 1 PROGRAM
INCOME, (NSP1-PI) RESERVATION SYSTEM PARTICIPATION
AGREEMENT TO PROVIDE FOR THE CONTINUATION OF
REIMBURSEMENTS OF ELIGIBLE EXPENSES AND CLOSING ON
REMAINING LAND BANK PROPERTIES UNDER THE EXISTING
NEIGHBORHOOD STABILIZATION PROGRAM 1 CONTRACT.
WHEREAS, pursuant to Resolution 13-542, the City of Port Arthur entered into
a contract with Texas Department of Housing and Community Affairs, (TDHCA) to implement
the Neighborhood Stabilization Program 1 Program Income (NSP1-PI) Program Income
Reservation System Participation Agreement that provided for the continuation of
reimbursements of eligible expenses and close on remaining Land Bank Properties under the
existing Neighborhood Stabilization Program 1 Contract Number 77090000154; and
WHEREAS, pursuant to Resolutions 15-120, 16-181, 16-244, 17-225 and 18-265
the Neighborhood Stabilization Program Income (NSP1-PI) Reservation System
Participation Agreement Number 77090003154 Amendments supported the continuation of
the activities started with Neighborhood Stabilization Program 1 contract Number
77090000154; and
WHEREAS, the Neighborhood Stabilization Program 1 Contract Number
77090000154 is being amended to extend the contract expiration date from August 30, 2019
to August 30, 2020 and the Neighborhood Stabilization Program 1 Program Income (NSP1-
PI) Reservation System Participation Agreement Number 77090003154 is being amended to
provide for the continuation of reimbursement of eligible expenses incurred after the August
17, 2013 and to close on remaining Land Bank properties under the existing Neighborhood
Stabilization Program 1 Contract Number 77090000154; and,
WHEREAS, the amended Neighborhood Stabilization Program 1 Agreement
Number 77090000154 and Program Income Reservation System Participation Agreement
Number 77090003154 is attached hereto in substantially the same form as Exhibit"A" and
Exhibit "B".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council authorizes the City Manager to execute
Amendment Number 5 to the Neighborhood Stabilization Program 1 Agreement Number
77090000154 to extend the contract expiration date from August 31, 2019 to August 31,
2020 and Amendment Number 6 to the Neighborhood Stabilization Program 1 Program
Income (NSP1-PI) Reservation System Agreement Contract Number 77090000154 as
attached hereto as Exhibit "A" and Exhibit"B" in substantially the same form.
Section 3. That the Neighborhood Stabilization Program 1 Program Income
(NSP1-PI) Reservation System Participation Agreement Number 77090003154
Amendment Number 6 will provide for the continuation of reimbursement of eligible
expenses incurred after August 17, 2013 and to close on remaining Land Bank properties
under the existing Neighborhood Stabilization Program 1 Contract Number 77090000154.
Section 4. 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 August A.D., 2019 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:
I ,
;�
VALECIA TIZENO,JITY ATTORNEY
APPROVED FOR ADMINISTRATION:
RON BURTON,
INTERIM CITY MANAGER
BEVERLY A. FREEMAN, HOUSING &
NEIGHBORHOOD REVITALIZATION
MANAGER
EXH I BIT "A"
TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS
NEIGHBORHOOD STABILITAZION PROGRAM 1 PROGRAM INCOME
(NSP1)
NO 7709000154 AMENDMENT NUMBER 5
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
NEIGHBORHOOD STABILIZATION PROGRAM ("NSP")
CONTRACT
WITH
CITY OF PORT ARTHUR,
A POLITICAL SUBDIVISION OF THE STATE OF TEXAS
CONTRACT NO. 77090000154
AMENDMENT NO. 5
This Amendment No. 5 to the Neighborhood Stabilization Program Contract No. 77090000154 ("Fifth
Amendment") is made and entered into by and between the TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY AFFAIRS, a public and official agency of the State of Texas ("TDHCA"), and CITY OF PORT
ARTHUR, a political subdivision of the State of Texas ("Contractor") (hereinafter, collectively referred to as
"Parties"), to be effective on the last day of execution by both Parties.
RECITALS
WHEREAS, the Contractor and TDHCA, executed that certain NSP Contract No. 77090000154
("Contract") to be effective on September 1, 2009, as amended by Amendment No. 1 ("First Amendment")
executed by Parties on or about August 24, 2010, as amended by Amendment No. 2 ("Second Amendment")
executed by Parties on or about June 1, 2011, as amended by Amendment No. 3 ("Third Amendment")
executed by Parties on or about October 17, 2012, and as amended by Amendment No. 4 ("Fourth
Amendment") executed by Parties on or about August 28, 2014;
WHEREAS, the Parties desire to extend the term of the Contract;
WHEREAS, in accordance with Section 16 of the Contract and 10 TAC §20.14, TDHCA has authority to
amend the Contract accordingly; and
WHEREAS, the Parties desire to amend the Contract in the manner described below.
AGREEMENTS
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. Section 2, CONTRACT PERIOD, of the Contract is hereby amended to read as follows:
Page 1 of 4
"This Contract shall commence on September 1, 2009 (Start Date), and shall terminate on
August 31, 2020 (End Date), unless otherwise specifically provided by the terms of this
Contract."
2. All of the remaining terms and provisions of the Contract shall be and remain in full force and effect.
The Parties hereto agree that, except as amended hereby, the terms of the Contract shall remain in
effect and shall continue to govern except to the extent that said terms conflict with the terms of this
Fifth Amendment. In the event of an inconsistency between this Fifth Amendment and the terms of
the Contract, this Amendment shall govern.
3. Each capitalized term not expressly defined herein shall have the meaning given to such term in the
original Contract.
4. The Parties agree that nothing in this Fifth Amendment shall be construed as authorizing any violation
of federal, state or local laws or regulations as they pertain to the Contract.
5. This Fifth Amendment shall be binding upon the Parties hereto and their respective successors and
assigns.
6. This Fifth Amendment may be executed in several counterparts, each of which shall be deemed to be
an original copy, and all of which together shall constitute one contract binding on Parties,
notwithstanding that all the Parties shall not have signed the same counterpart.
7. If any Party returns a copy of this Fifth Amendment by facsimile machine or electronic transmission,
the signing Party intends the copy of its authorized signature printed by the receiving machine or
electronic transmission to be its original signature.
8. By the signing of this Fifth Amendment, the Parties expressly understand and agree that the terms
under this Fifth Amendment shall become a part of the Contract as if they were set forth word for
word therein.
Page 2 of 4
WITNESS OUR HANDS:
CONTRACTOR:
CITY OF PORT ARTHUR,
a political subdivision of the State of Texas
By:
Name: Ronald Burton
Title: Interim City Manager
Date:
Page 3 of 4
TDHCA:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas
By:
Name:
Title: Its duly authorized officer or representative
Date:
Page 4 of 4
EXHIBIT "
TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS
NEIGHBORHOOD STABILITAZION PROGRAM 1 PROGRAM INCOME
(NSP1-PI)
RESERVATION SYSTEM PARTICIPATION AGREEMENT
NO 77090003154 AMENDMENT NUMBER 6
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
NEIGHBORHOOD STABILIZATION PROGRAM ONE— PROGRAM INCOME ("NSP1-PI")
RESERVATION SYSTEM PARTICIPATION AGREEMENT
WITH
CITY OF PORT ARTHUR,
A POLITICAL SUBDIVISION OF THE STATE OF TEXAS
AGREEMENT NO. 77090003154
AMENDMENT NO. 6
This Amendment No. 6 to the Neighborhood Stabilization Program One — Program Income Reservation
System Participation Agreement No. 77090003154 ("Sixth Amendment") is made and entered into by and
between the TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of
the State of Texas ("TDHCA"), and CITY OF PORT ARTHUR, a political subdivision of the State of Texas
("Subgrantee") (hereinafter, collectively referred to as "Parties"),to be effective on the last day of execution
by both Parties.
RECITALS
WHEREAS, on November 14, 2013, and October 28, 2013, the Subgrantee and TDHCA, respectively,
executed that certain NSP1-PI Reservation System Participation Agreement No. 77090003154("Agreement")
to be effective on November 14, 2013, as amended by Amendment No. 1 ("First Amendment") executed by
Parties on or about August 31, 2014, as amended by Amendment No. 2 ("Second Amendment") executed by
Parties on or about August 31, 2015, as amended by Amendment No. 3 ("Third Amendment") executed by
Parties on or about September 19, 2016, as amended by Amendment No.4("Fourth Amendment")executed
by Parties on or about September 26, 2017, and as amended by Amendment No. 5 ("Fifth Amendment")
executed by Parties on or about July 20, 2018;
WHEREAS, in accordance with Article 5 of the Agreement and 10 TAC §20.14, TDHCA has authority to
amend the Agreement accordingly; and
WHEREAS, the Parties desire to amend the Agreement in the manner described below.
AGREEMENTS
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. Section 2.1, Term, of Article 2, RESERVATION SYSTEM PARTICIPATION, of the Agreement is hereby
amended to read as follows:
Page 1 of 4
"This RSP Agreement shall be effective on the latter date this RSP Agreement is executed by
the Subgrantee and an authorized representative of the Department and shall terminate on
August 31, 2020 ("Term"), unless otherwise specifically provided herein."
2. All of the remaining terms and provisions of the Agreement shall be and remain in full force and effect.
The Parties hereto agree that, except as amended hereby, the terms of the Agreement shall remain
in effect and shall continue to govern except to the extent that said terms conflict with the terms of
this Sixth Amendment. In the event of an inconsistency between this Sixth Amendment and the terms
of the Agreement, this Amendment shall govern.
3. Each capitalized term not expressly defined herein shall have the meaning given to such term in the
original Agreement.
4. The Parties agree that nothing in this Sixth Amendment shall be construed as authorizing any violation
of federal, state or local laws or regulations as they pertain to the Agreement.
5. This Sixth Amendment shall be binding upon the Parties hereto and their respective successors and
assigns.
6. This Sixth Amendment may be executed in several counterparts, each of which shall be deemed to
be an original copy, and all of which together shall constitute one agreement binding on Parties,
notwithstanding that all the Parties shall not have signed the same counterpart.
7. If any Party returns a copy of this Sixth Amendment by facsimile machine or electronic transmission,
the signing Party intends the copy of its authorized signature printed by the receiving machine or
electronic transmission to be its original signature.
8. By the signing of this Sixth Amendment, the Parties expressly understand and agree that the terms
under this Sixth Amendment shall become a part of the Agreement as if they were set forth word for
word therein.
Page 2 of 4
WITNESS OUR HANDS:
SUBGRANTEE:
CITY OF PORT ARTHUR,
a political subdivision of the State of Texas
By:
Name: Ronald Burton
Title: Interim City Manager
Date:
Page 3 of 4
TDHCA:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a
public and official agency of the State of Texas
By:
Name:
Title: Its duly authorized officer or representative
Date:
Page 4 of 4