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HomeMy WebLinkAboutPR 14527: SETRPC INTERLOCAL AGREEMENTMemo To: Steve Fibgibbons, City Manager From: Da/e Watson, Director ofP/arming and Giants Management ~'a, , l Date: Friday, January 18, 2008 .CJ(r`7/ Re: P.R, 14527 RECOMMENDATION• I recommend City Council adopt Proposed Resolution 14527 authorizing an interlocal agreement for Housing Trust Fund monies which will be applied towards applicants participating in the Disaster Recovery Program who have gap funding needs. BACKGROUND• The City of Port Arthur is implementing a Community Development Block Grant (CDBG) Disaster Recovery Program that is governed Texas Department of Housing and Community Affairs, (TDHCA). The CDBG Disaster Recovery Program is designed to provide assistance to persons and families who are at 80% of the Median Family Area Income and below with unmet housing needs resulting from Hurricane Rita, eliminate safety and health hazards resulting from Hurricane Rita in eligible homes and communities and preserve and improve the community's housing stock. A contract and agreement is made and entered into by and between the South East Texas Regional Planning Commission, (SETRPC) and City of Port Arthur, utilizing Texas Department of Housing and Community Affairs, (TDHCA) Housing Trust Funds to provide gap funding needs for applicants participating in the Disaster Recovery Program. BUDGETARY/FISCAL EFFECT• Texas Department of Housing and Community Affairs Housing Trust Funds will provide funding. STAFFING/EMPLOYEE EFFE Housing Administration staff will be responsible for administering the contracts. SUMMARY: I recommend City Council adopt Proposed Resolution 14527 authorizing an interlocal agreement for Housing Trust Fund monies which will be applied towards applicants participating in the Disaster Recovery Program who have gap funding needs. P. R. 14527 1/18/08 - DW/Housing RESOLUTION NUMBER A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION AND THE OF PORT ARTHUR FOR HOUSING TRUST FUND MONIES TO PROVIDE GAP FUNDING TO PARTICIPANTS OF THE DISASTER RECOVERY PROGRAM. WHEREAS, U.S. Department of HUD approved the State of Texas' Action Plan for Disaster Recovery that describes the proposed use of U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funding associated with the Department of Defense Appropriations Act, 2006 for disaster relief of unmet housing and infrastructure needs resulting from Hurricane Rita in the. most impacted and distressed areas of Texas; and, WHEREAS, A contract and agreement is made and entered into by and between the South East Texas Regional Planning Commission, (SETRPC) and City of Port Arthur, utilizing. Texas Department of Housing and Community Affairs, (TDHCA) Housing Trust Funds to provide. gap funding. needs for applicants participating in the Disaster Recovery Program; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the Mayor of the City of Port Arthur, is hereby authorized to approve the award of the an interlocal agreement by and between the South East Texas Regional Planning Commission and the City of Port Arthur for utilizing Texas Department of Housing .and Community Affairs (TDHCA) Housing Trust Funds, of which a copy is attached hereto as Exhibit "A". THAT a copy of the caption of this Resolution be spread upon the Minutes of the City Council. -READ, ADOPTED AND APPROVED this A.D., 2008 at a Regular Meeting of the City Council of the City of Port ArthudraTexasaby they following vote: AYES: MAYOR MAYOR ATTEST: APPROVED FOR AVAILABILITY OF.FUNDS: CTfY SECRETARY DIRECTOR OF FINANCE APP~VED FO FORM: CITY ATTO N ~D~ ~_ ~ L,~~_ /~ / ~ 1 APPROVED FOR ADMINISTRATION:'/1 ~r / C~/IT,Y~/JMANAGER ~7~~ ~ ~ -_ DALE WATSON, DEPARTMENT DIRECTOR Exhibit "A" TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS & THE SOUTH EAST TEXAS REGIONAL PLANNING COMDaSSION CONTRACT NO. 1000890-B Funds Provided Under the Housing Trust Fund for Community Development Block Grant Disaster Recovery Projects 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 South East Texas Regional Planning Commission, hereinafter referred to as '`SETRPC", and the City of Port Arthur, hereinafter referred to as "Contractor", utilizing Texas Department of Housing and Community Affairs (TDHCA) Housing Trust Funds. The parties have severally and collectively agreed and by the execution hereof aze bound to the mutual obligations and to the performance and accomplishment of the tasks herein described. SECTION 2. PERIOD OF PERFORMANCE This contract shall commence on ~a(3ctuberj2'9 ~ 2008 s ecificall ~ 20f)`1'and shall terminate July 27, 2008, unless otherwise P y provided by the terms of this contract. SECTION 3. CONTRACTOR PERFORMANCE AND DELIVERABLES A• Contractor shall, during the period of performance specified in Section 2 of this contract, in a complete and satisfactory manner as determined by SETRPC, provide funding for construction related costs for applications approved for assistance under an Interlocal Contract Agreement between SETRPC and the City of Port Arthur, For purposes of this contract, "approved for assistance" means the SETRPC has approved a project set-up for a household under an Interlocal Contract Agreement between SETRPC and the_City ofPort Arthur. B• Contractor shall ensure that only individuals and families of low and very low income, as defined in 10 Texas Administrative Code, Section 51.2, receive assistance under this contract. Contractor shall comply with all applicable provisions of 10 Texas Administrative Code Chapter 51 and Texas Government Code, Chapter 2306. C• SETRPC reserves the righYto deobligate any funds that are not committed by March 31, 2008. For purposes of this contract, funds are considered committed funds when SETRPC has approved a project set-up for a household. Contractor has a five day grace period beginning March 31, 2008 to resolve anypending items related to approval of a project set-up. D. Contractor understands and. agrees that any home demolished that cannot be completed within. the contract period becomes the responsibility of Contractor for completion unless approved by SETRPC prior to demolition. HTFCDBG Contract, Exlu'bit A Page 1 of 1 SECTION 4. DEPARTMENT FUNDING OBLIGATIONS A. In consideration of Contractor's full and satisfactory performance as determined by SETRPC, of Contractor's obligafions under -this contract, SETRPC shall be liable for actual and reasonable costs incurred by Contractor during the contract period for performances rendered under this contract. Contractor's Requests for Payment shall be accompanied by such. documentation of performances rendered under this contract as may be required by SETRPC. B• Contractor shall refund to SETRPC any sum of money which has been paid by SETRPC which. SETRPC determines (1) has resulted in overpayment to Contractor, or (2) has not been spent strictly in accordance with the terms of this contract, within-ten (10) working days after such refund is required by SETRPC. C• SETRPC shall not be liable to Contractor for costs incurred by Contractor before the commencement, of this contract or after temunation of this contract. SETRPC shall only be liable for costs expended for applications approved for assistance under an Interlocal Contract Agreement between SETRPC and the City of Port Arthur. D• SETRPC shall not be liable to Contractor for any costs incurred by Contractor in the pert°rmance of this contract that have not been billed to SETRPC by Contractor within sixty (60) days following termination of this contract. E' NO~~tanding any other provisions of this contract, the total of all payments and other obligations made or incurred by SETRPC under this contract shall not excced the sum of One Hundred Eighteen Thousand Nine Hundred Sixty-Eight and No/100 Dollazs ($118,968) for gap financing needs in the city of Port Arthur. SECTION 5. UNIFORM ADM]MSTRAT~ REQUIREMENTS AND COST PRINCII'LES Except as specifically modified by law or the provision of this contract, Contractor shall comply with the rules promulgated by the Office of the Governor under the Uniform Grant Management Act (Tex. Gov't Code Ann. Chapter 783 and 1 Texas Administrative Code Chapter 5.) to administer the funds provided under this contract. SECTION 6. DEPARTMENT INSPECTION AND MONITORING Contractor agrees that SETRPC may at any time inspect and monitor the records and the work of the projects funded under this contract. Contractor shall give the Auditor of the State of Texas and SETRPC, through their authorized representatives, access to and the right to examine any and all pertinent records or other written materials relating to this contract and maintained by Contractor. Contractor agrees that. any unsatisfactory findings in the inspection may require the repayment of the disallowed or questioned costs,- SECTION 7. INDEPENDENT CONTRACTOR It is expressly understood and agreed by both parties hereto that SETRPC is contracting with Contractor as an independent contractor and that Contractor, as such, agrees to hold SETRPC harmless and to indemnify it from and against any and all claims, demands; and causes of action of every kind and character which maybe asserted by any third party occurring or in any way incident to, arising out of, orin connection with the.activities to be performed by Contractor hereunder. SECTION 8. REPORTING REQUIREMENTS A• Contractor shall submit a monthly report, in conjunction with the monthly-report submitted under an Interlocal Contract Agreement between SETRPC and the City of Port Arthur, on the operation and performance of work under this contract as may be required by SETRPC which may include, but is not limited to: 1. Information as may be necessary to determine whether a project is benefiting low and very low income persons; 2. Information as may be necessary to determine whether the recipients of the funds provided under this contract have used such funds strictly in accordance with the requirements of this contract; 3• Annual data on the extent to which- each racial and ethnic group and household have applied for and benefited from the projects funded under this contract, 4. Information on the amount Contractor has committed from local sources to address the gap financing needs ofhouseholds; and 5. A final statement of accounting upon completion of this contract. Within sixty (60) days after the termination date of this contract, Contractor shall provide a full accounting of funds expended under the terms of this contract. The failure of Contractor to provide a full accounting shall be sufficient reason for SETRPC to deny any funds ~ the future to Contractor. B• Contractor shall maintain the records required pursuant to Subsection (A) for a period of at least five years and in an accessible location. SECTION 9. COMPLIANCE WITg LAWS Contractor shall comply with all applicable laws, ordinances, codes, and re and federal governments, including, but not limited to Section 2306.514 of theGov~ernment Code which requires compliance with certain accessihilityprovisions. SECTION 10. AMENDMENTS AND CgANGES Any alteration, addition or deletion to the terms of this contract shall be by amendment hereto in writing and executed by both parties hereto except as may be expressly provided for in some manner by the terms of this contract. SECTION 11. TERMINATION A• Either of the parties hereto shall have 'the right, in such party's sole discretion and. at such party's sole option, to immediately terminate and bring to and end all performances to be rendered under this contract, such termination to be effective upon receipt of written notification of termination by the other pacts. Should neither party exercise its right to terminate, then this contract will terminate in accordance with the terms of Section 2 of this contract. E• Upon termination or receipt of notice to terminate; whichever occurs first, Contractor shall cease to incur costs under this contract. C: 1n no event shall SETRPC be liable to Contractor for expenses incurred after the termination of this contract. SECTION 12. POLITICAL ACTIVITY None of the.activities or performances rendered hereunder by Contractor shall involve and no portion of the funds received by Coniractor hereunder shall be used for any political activi limited to any activity to further the election or defeat of an ~d~aken to influence the passage, defeat, or final contents of legislation. ty' including but not y candidate for public office, or any activity SECTION 13. NONDISCRIIyIINATION, RELIGIOUS ACTIVITY, AND FAITH_BASED ORGANIZATIONS A• Contractor shall ensure that no person shall on the religion, sex, age, or handicap be excluded from lp'°und of race, color, national origin, be subjected to dis participation in, be denied the benefits of, or crimination under, or be denied access to any Program or activity funded in . whole or in pant with funds made available under this contract. B• Organizations that aze religious or faith-based are eligible, on the carne basis as any other. organization, to participate in this Contractor shall not dis program and activities funded under this contract. religious chazacter or affillcd~nat Ng ~f~e o gfani~~tion on the basis of the organizations' contract shall involve, nor shall an P rmances rendered by Contractor under this Y portion of the funds received by Contractor be used to engage in inherently religious activities. SECTION 14. CONFLICT OF INTEREST A- No person described in Subsection (B) who exercises or has exercised . responsibilities with respect to Housing Trust Fund activities or is in a position to.pazticipate in a decision. makin r any functions or g p ocess or gain inside information with regazd to such activities, may obtain a Pis°nal or financial interest or benefit from a Housing.Trust-Fund activity, or have an interest . in any Housing Trust Fund contract, subcontract or agreement or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter B• The conflict of interest provisions of Subsection (A) apply to any person who is an agent, consultant, officer, elected official or appointed official of the Contractor. employee, SECTION 15. COMPLAINTS Contractor shall handle complaints in accordance with 10 Texas Administrative Code, Section 1.2, "Department Complaint System.,' SECTION 16. SUBCONTRACTS A• Contractor may subcontract for performances described in this contract without obtainin . SETRpC's prior written approval. Contractor, in subcontracting for an described in this contra g SETRPC is is no way liable to Contractors subs nim ors enterin Y P~ormances g into such subwniracts, B. In no event shall any provision of this Section 16 be constnied as relieving Contractor of the responsibility for ensuring that the performances rendered under all subcontracts are rendered so as to comely with all the terms of.this contract,. as if such performances rendered were rendered by Contractor. SETRPC maintains the. right to insist upon Contractor's full compliance with the terms of this contract. C• Contractor shall comply with this contract and all applicable state and local laws and regulations for making procurements under this contract. D• . Contractor shall include language in any subcontract that provides SETRPC the ability to directly review, monitor,. or audit the operational and financial performance or records of work performed under this contract. E• Contractor shall include in any subcontracts that failure to adequately perform work under this contract may result in penalties up to and including debarment from performing additional work for SETRPC. SECTION 17. ORAL, ,AND R'~TTEN AGREEMENTS A, All oral and written matter of ties contract that~were between the parties to this contract relating to the subject made prior to the execution of this contract have been reduced to whiting and are contained in this contract. B• Exhibit A, Performance Statement, One Page, is hereby made a part of this contract, and c°nshtutes pr°~sed P~orrriance by Contractor in accordance with Section 3 of this contract. WITNESS OUR HANDS EFFECTIVE Signed: Deloris Prince Mayor City of Port Arthur APProv~ and accepted on behalf of the SO CO~SSION (SETRPC). iJ1'H EST TEXAS REGIONAL PLANNING Signed: ~~~ un Davis Executive Director South East Texas Regional Planning Commission EA'HIBIT A CONTRACT N0.1000890-B pE~ORMANCE STATEMENT SOUTH EAST TEXAS REGIONAL PLr1NNiNG COMD'IISSION ` Contractor shall carry out the following activities in the tazget azea identified in an Interlocal Contract Agreement between SETRPC and the Ci of Port described in this performance Statement. must be approved to receiverassistance byfiMarch 28e2008 and must only be lacking gap funding to enable their ability to proceed under an Interlocal Contract Agreement between SETRPC and the Ci of Port tY Arthur for the contract obligations to be fulfilled. Contractor shall ensure that the amount of funds expended for each activity described. in total does not exceed the contract amount of One Hundred Eighteen Thousand Nine Hundred Sixty-Eight and No/100 Dollars ($118,968): ProiectD~ti_„ Contractor wits provide rehabilitation and reconstruction assistance to households that aze otherwise qualified for assistance under an ]nterlocal Contract Arthur but lack a small amount of funds to complete t~ re~cove between SETRPC and the City of Port under the CDBG Disaster Recovery pro rY that represent a duplication of benefits Nine Hundred S` ~. Contractor will utilize One Hundred Ei t ~~ ixty-Eight and No/100 Dollazs ($118,968) for gap dancing IIe~ ~ ~~ ~O~and ty of Port Homeowner R air Ga F' Contractor-can provide fundinc for a ($10,000 g g p financing needs not to exceed Ten Thousand and No/100 Dollazs per unit to assist a minimum of twelve (12) households of which one hundred percent (100%) are low income. Assistance will be provided in the form of a grant in all instances except when the assistance is greater than Five Thousand and No/100 Dollars ($5,000) and the household's Area Famil Median Income (AMFI) exceeds s' rxtyPercent (60%)• y Assistance to households with incomes exceeding sixty percent 60% Five Thousand and No/100 Dollars ( ) AMFI with a need of interest repayable loan. ($5.000) will be provided in the form of a five- greater than assistance in the form of Conatr~actor may not use other funding sources in Yeaz zero percent an effort to avoid providing All loans to assisted households must be evidenced b loan documents rovided b SE to an assisted household must be payable to SE Y p agreement, note, deed of TRPC• Each loan shall be evidenced by a coo truEhon loan trust, mechanic s lien note, mechanic's lien contract secured by the property, and anY other documents provided by SETRPC. All such. documents must be full construction activities commence. Loan related. closing costs are an eligible use of funds provided that the total Y executed before any Dollazs am°unt of assistance to the household does not exceed Ten Thousand and 0100 ($10,000). Admmi Administrative costs related to this contract must be paid for with other available and allowable sources of funds. Administrative funds available under an Interlocal Contract Agreement between SETRPC and the City of Port Arthur may notbe used to pay for administrative costs related to this contract.