HomeMy WebLinkAboutPR 21483: APPROVAL OF 2020 COMMUNITY DEVELOPMENT BLOCK GRANT CORONAVIRUS AGREEMENTS Enrry, .
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INTEROFFICE MEMORANDUM
Date: July 21, 2020
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Mary E. Essex, Grants Program Administrator
RE: 2020 Community Development Block Grant Coronavirus Agreements,
P. R. 21483
Introduction:
The intent of this Agenda Item is to seek the City Council's authorization for the City Manager
to enter into Community Development Block Grant Coronavirus agreements in the amount of
$678,123.
Background:
The Department of Housing and Urban Development has awarded funding in the amount of
$678,123 for activities that prevent,prepare for and respond to the Coronavirus.
Budget Impact:
Community Development Block Grant Coronavirus(CDBG-CV)program is the only funding
source.
Recommendation:
The intent of this Agenda Item is to seek the City Council's authorization for the City Manager
to enter into CDBG-CV grant agreements.
"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. 21483
06/30/2020 MEE
RESOLUTION NUMBER
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
COMMUNITY DEVELOPMENT BLOCK GRANT - CORONAVIRUS (CDBG-CV)
AGREEMENTS WITH THE CITY OF PORT ARTHUR HEALTH DEPARTMENT
($598,123), CATHOLIC CHARITIES ($50,000) AND NUTRITION AND SERVICES
FOR SENIORS ($30,000) TO SUPPORT PUBLIC SERVICE ACTIVITIES THAT
PREVENT, PREPARE FOR AND RESPOND TO THE CORONAVIRUS. THE
AGREEMENTS TOTAL $678,123 AND ARE FUNDED WITH CDBG-CV FROM THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
WHEREAS,the Coronavirus Aid, Relief and Economic Security Act(CARES
Act) (Public Law 116-136) make available $5 billion in supplemental Community Development
Block Grant(CDBG) funding for grants to prevent, prepare for, and respond to coronavirus
(CDBG-CV grants); and,
WHEREAS, the CARES Act provides CDBG grantees with flexibilities that
make it easier to use CDBG-CV grants and fiscal years 2019 and 2020 CDBG Grants for
coronavirus response and authorizes HUD to grant waivers and alternative requirements; and,
WHEREAS,the Department of Housing and Urban Development has allocated
$678,123 to the City of Port Arthur; and,
WHEREAS,the CDBG-CV grant recipients will include $30,000 to Nutrition
and Services to Seniors to purchase a meal delivery van for the Meals on Wheels program and
funds to deliver meals to the homebound elderly and disabled residents of Port Arthur; $50,000
to Catholic Charities for operational costs for the Hospitality Center soup kitchen; and $598,123
to the City of Port Arthur Health Department for COVID-19 testing and activities that prevent
the spread of the Coronavirus, (see Exhibit A); and,
P.R. NO.21483
06/30/2020 MEE
PAGE 2
WHEREAS,the City Council is required to designate an official to sign all documents in
connection with the 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 between Nutrition and
Services for Senior, Catholic Charities, and the City of Port Arthur Health Department for the
proposal outlined herein, in substantially the same form as Exhibits 1-3.
THAT said contracts are exact duplicates of the federally funded Community
Development Block Grant sub-recipient contract, which are the standard contracts 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., 2020 at a Regular meeting of the City Council of the City of Port Arthur Texas by the
following vote:
AYES: MAYOR:
COUNCILMEMBERS:
NOES:
THURMAN "Bill" BARTIE,MAYOR
P.R.NO.21483
06/30/2020 MEE
PAGE 3
ATTEST:
SHERRI BELLARD
CITY SECRETARY
APPROVED AS TO FORM:
VAL TIZ'NO
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
RON BURTON
CITY MANAGER
APPROVED AS TO AVAILABILITY OF FUNDS:
, A.,/j)
KANDY D IEL
INTERIM DIRECTOR OF FINANCE
P.R NO.21483
06/30/2020 MEE
PAGE 4
Exhibits 1 -3
INTERDEPARTMENTAL AGREEMENT
This Interdepartmental Agreement(Agreement) with the City of Port Arthur Health Department.
PURPOSE
The purpose of this Interdepartmental Agreement is to provide 2020 Community
Development Block Coronavirus (CDBG-CV) funds to City of Port Arthur Health Department
to prevent, prepare for, and respond to the Coronavirus. Expenditures will include COVID-
19 testing, contact tracing, administration and operating expenses.
I. TIME OF PERFORMANCE
The Time of Performance under this Agreement shall begin July 21, 2020 and end
July 20, 2022.
II. SERVICES PROVIDED
The City of Port Arthur Health Department will administer the Community Development
Block Grant Coronavirus (CDBG-CV) Program.
III. BUDGET
The budget is Five Hundred Ninety-Eight Thousand One Hundred Twenty-Three and No/100
dollars ($598,123).
IV. PROGRAM STANDARDS
Projects undertaken must prevent, prepare for, and respond to the Coronavirus.
V. PROGRAM REQUIREMENTS
This Agreement shall meet one or more of the purposes of the CDBG-CV program, which
includes COVID-19 testing, contact tracing, and related administrative expenses that
prevent, prepare for, and respond to the Coronavirus.
VI. AMENDMENTS
Any amendments to this Agreement must be made in writing and approved hereto.
Ron Burton, City Manager Date
Judith A. Smith, Director of Health Services Date
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CITY OF PORT ARTHUR
COMMUNITY DEVELOPMENT BLOCK GRANT CORONAVIRUS 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$678,123 for federal funding of Community
Development Block Grant Coronavirus (CDBG-CV),under the Coronavirus Aid Relief, and
Economic Security Act(Public Law 116-136)to mitigate impacts of COVID-19; (hereinafter
called the "grant"); and,
WHEREAS, by the adoption of Resolution 20-184 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,
WHEREAS,projects undertaken by the Subrecipient pursuant to this contract
must principally prevent,prepare for, and respond to COVID- 19 as has been determined by the
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WHEREAS, projects undertaken by the Subrecipient pursuant to this contract
must principally prevent, prepare for, and respond to COVID- 19 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 July 21, 2020 and shall terminate on July 20,
2021, unless otherwise specifically provided by the terms of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
The Subrecipient shall use Community Development Block Grant Funds Coronavirus
(CDBG-CV) to reimburse $4,660 to Nutrition and Services for Seniors at a rate of$6.83 per
meal delivered to homebound senior citizens and the disabled. The remaining $25,340 will be
used to purchase a meal delivery van for the Meals-on-Wheels program.
For over 20 years Nutrition & Services for seniors has been the focal point for seniors in
Jefferson and Hardin counties. By providing 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.
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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), 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 Thirty-
Thousand and No/100 Dollar($30,000.00).
SECTION 5. DISBURSEMENT OF FUNDS
A. City will reimburse only for the purchase of a van and the delivery of meals on wheels to
homebound seniors and the disabled 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.
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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 Subrecipient
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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 five-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 five-year
period and extends beyond the five-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.
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
5
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).
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.
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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
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
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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.
E
S CTION 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.
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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.
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.
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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
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
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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 fmancial 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 fmancial 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.
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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
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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.
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 Janci Kimball
444 4th Street 4590 Concord Road
Port Arthur,Texas 77640 Beaumont, Texas 77703
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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. EOUIPMENT
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.
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APPROVED AS TO FORM:
Val Tizeno
City Attorney
CITY OF PORT ARTHUR
Ron Burton
City Manager
ATTEST:
Nutrition& Services for Seniors
Sherri Bellard Janci Kimball, President
City Secretary
Date
15
EXHIBIT A
Performance Statement
Nutrition& Services for Seniors
Subrecipient shall carry out the following activities identified in its 2020 CDBG-CV
Application:
The Subrecipient shall use Community Development Block Grant Coronavirus Funds
(CDBG-CV)to reimburse $4,660 to Nutrition and Services for Seniors at a rate of$6.83 per
meal delivered to homebound senior citizens and the disabled. The remaining$25,340 will be
used to purchase a meal delivery van for the Meals-on-Wheels program.
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 Thirty-Thousand
Dollars and No/100 ($30,000.00) of contract funds to complete these activities.
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EXHIBIT B
Budget
Nutrition & Services for Seniors
Activity Contract Other TOTAL
Funds Funds FUNDS
f
1. Meals on Wheel va $25,340.00 $0.00 $25,340.00
2. Meals $ 4,660.00 $0.00 $ 4,660.00
TOTAL FUNDS $30,000.00 $0.00 $30,000.00
1 ,
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
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EXHIBIT D
The Applicable Laws and Regulations
Subrecipient shall comply with all federal, state, and local laws and regulations applicable to the
activities and performances rendered by Subrecipient under this contract including,but not
limited to,the laws and regulations specified in Section I through IV of this Exhibit D.
I. VRIGHTS
TheCIIL 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.
The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.);
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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.
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EXHIBIT E
Certification Regarding Lobbying for
Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies,to the best of his knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned,to any person for influencing or attempting to influence an
officer or employee of any agency, a member of congress, an officer or employee
of congress, or an employee of a member of congress in connection with the
awarding of any federal contract, the making of any federal grant,the making of
any federal loan,the entering into of any cooperative agreement, or modification
of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a member of congress, an officer or employee of congress, or an
employee of a member of congress in connection with this federal contract, grant,
loan, or cooperative agreement,the undersigned shall complete and submit
standard form -LLL, "Disclosure Form to Report Lobbying", in accordance with
its instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that
all subrecipients shall certify and disclose accordingly.
This certification is material representation of fact which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than$100,000 for each such failure.
Signed:
Nutrition& Services for Seniors
Date
21
CITY OF PORT ARTHUR
COMMUNITY DEVELOPMENT BLOCK GRANT CORONAVIRUS 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 and low-income 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$678,123 for federal funding of Community
Development Block Grant Coronavirus (CDBG-CV),under the Coronavirus Aid Relief, and
Economic Security Act(Public Law 116-136)to mitigate impacts of COVID-19; (hereinafter
called the "grant"); and,
WHEREAS, by the adoption of Resolution 20-184 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 prevent, prepare for, and respond to COVID- 19 as has been determined by the
parties and is established under the guidelines of the Housing and Community Development Act
of 1974, as amended;
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Now, Therefore, The Parties hereto do mutually agree as follows:
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on July 21, 2020 and shall terminate on July 20,
2021 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 the salaries for one full-time employee and one
part-time employee. Timesheets and copies of payroll checks will be required. Timesheets will
require the employee's and supervisor's signature. 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. 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.
2
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 Fifty-
Thousand and No/100 Dollars ($50,000.00).
SECTION 5. DISBURSEMENT OF FUNDS
A. City will reimburse only for the salaries for the full-time and part-time employees 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.
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
3
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.
C. All records pertinent to this contract shall be retained by Subrecipient for five
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 five-year
period and extends beyond the five-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.
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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;
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.
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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.
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.
6
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. 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.
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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 and
certifications made to the United States Department of Housing and Urban Development
by the City of Port Arthur with regard to the operation of the City's CDBG Program.
Based on these considerations, and in order to ensure the legal and effective performance
of this contract by both parties, it is agreed by the parties hereto that the performances
under this contract are by the provisions of the CDBG Program and any amendments
thereto and may further be amended in the following manner: City may from time to
time during the period of performance of this contract issue policy directives which serve
to establish, interpret, or clarify performance requirements under this contract. Such
policy directives shall be promulgated by the City Manager when authorized by the City
Council of Port Arthur in the form of CDBG issuances shall have the effect of qualifying
the terms of this contract and shall be binding upon Subrecipient, as if written herein,
provided however that said policy directives and any amendments to the City's CDBG
Program shall not alter the terms of this contract so as to release City of any obligation
specified in Section 4 of this contract to reimburse costs incurred by Subrecipient prior to
the effective date of said amendments or policy directives.
C. Any alterations, additions, or deletions to the terms of this contract which are required by
changes in Federal or state law or regulations are automatically incorporated into this
contract without written amendment hereto, and shall become effective on the date
designated by such law or regulation.
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SECTION 17. SUSPENSION
In the event Subrecipient fails to comply with any terms of this contract, City may, upon written
notification to Subrecipient, suspend this contract in whole or in part and withhold further
payments to Subrecipient, and prohibit Subrecipient from incurring additional obligations of
funds under this contract.
SECTION 18. TERMINATION
The City may terminate this contract in whole or in part, in accordance with 24 CFR 85.43 and
this Section. In the event Subrecipient materially fails as determined by City,to comply with
any term of this contract, whether stated in a Federal statute or regulation, an assurance, in a City
plan or application, a notice of award, or elsewhere, City may take one or more of the following
actions:
1. Temporarily withhold cash payments pending correction of the deficiency by
Subrecipient or take more severe enforcement action against Subrecipient.
2. Disallow all or part of the cost of the activity or action not in compliance.
3. Withhold further CDBG awards from Subrecipient.
4. Take other remedies that may be legally available as determined by the City,to
comply with the terms of this contract, City may terminate this contract for
convenience in accordance with 24 CFR 85.44. This contract may be terminated
at any time when both parties agree that the continuation of the performances
would not produce beneficial results commensurate with further expenditure of
funds. Termination shall occur 30 days after the parties agree to terminate. The
Subrecipient shall not incur any new obligations once an agreement to terminate
is reached and shall cancel all outstanding obligations. The Subrecipient will be
reimbursed for expenses incurred to the date of termination provided grant funds
are available.
SECTION 19. AUDIT
A. Unless otherwise directed by City, Subrecipient shall arrange for the performance of
an annual financial and compliance audit of funds received and performances rendered
under this contract, subject to the following conditions and limitations:
1. Subrecipient shall have an audit made in accordance with 24 CFR Part 44, or
OMB Circular A-133 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,
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property, cooperative agreements, interest subsidies, insurance or direct
appropriations, but does not include direct federal cash assistance to individuals.
The term includes awards of Federal financial assistance received directly from
federal agencies, or indirectly through other units of State and local government;
2. At the option of Subrecipient, each audit required by this section may cover either
Subrecipient's entire operations or each department, agency, or establishment of
Subrecipient which received, expended, or otherwise administered federal funds;
3. Notwithstanding Section 4(a)(4) and Section 4(a)(5), Subrecipient shall utilize
funds budgeted under this contract to pay for that portion of the cost of such audit
services properly allocable to the activities funded by City under this contract,
provided however that City shall not make payment for the cost of such audit
services until City has received such audit report from Subrecipient;
4. Unless otherwise specifically authorized by City in writing, Subrecipient shall
submit the report of such audit to City within thirty (30) days after completion of
the audit, but no later than nine(9) months after the end of each fiscal period
included within the period of this contract. Audits performed under Subsection A
of this Section 19 are subject to review and resolution by City or its authorized
representative.
5. As a part of its audit, Subrecipient shall verify expenditures according to the
Budget attached as Exhibit B.
B. Notwithstanding Subsection A of this Section 19, City reserves the right to conduct an
annual financial and compliance audit of funds received and performances rendered
under this contract. Subrecipient agrees to permit City or its authorized representative
to audit Subrecipient's records and to obtain any documents,materials, or information
necessary to facilitate such audit.
C. Subrecipient understands and agrees that it shall be liable to City for any costs disallowed
pursuant to financial and compliance audit(s) of funds received under this contract.
Subrecipient further understands and agrees that reimbursement to City of such
disallowed costs shall be paid by Subrecipient from funds which were not provided or
otherwise made available to Subrecipient under this contract.
D. Subrecipient shall take all necessary actions to facilitate the performance of such audit or
audits conducted pursuant to this Section 19 as City may require of Subrecipient.
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.
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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.
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;
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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, 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
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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 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.
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APPROVED IN FORM:
Val Tizeno
City Attorney
CITY OF PORT ARTHUR
Ron Burton
City Manager
ATTEST:
Sherri Bellard
City Secretary
CATHOLIC CHARITIES OF
SOUTHEAST TEXAS
Carolyn Fernandez
President/CEO
Date
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EXHIBIT A
Performance Statement
Catholic Charities of Southeast Texas
Subrecipient shall carry out the following activities identified in its 2020 CDBG-CV
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 the salaries for one full-time employee and one
part-time employee. Timesheets and copies of payroll checks will be required. Timesheets will
require the employee's and supervisor's signature.
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 Fifty-Thousand and No/100 Dollars ($50,000.00) 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.
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EXHIBIT B
Budget
Catholic Charities of Southeast Texas
Activity Contract Other TOTAL
Funds Funds FUNDS
1) Salaries $50,000.00 $0.00 $50,000.00
TOTAL FUNDS $50,000.00 $0.00 $50,000.00
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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
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EXHIBIT D
The Applicable Laws and Regulations
Subrecipient shall comply with all federal, state, and local laws and regulations applicable to the
activities and performances rendered by Subrecipient under this contract including,but not
limited to,the laws and regulations specified in Section I through IV of this Exhibit D.
CIVIL RIGHTS
The Fair Housing Act(42 U.S.C. 3601-20) and implementing regulations at 24 CFR part
10; Executive Order 11063, as amended by Executive Order 11063, as amended by
Executive Order 12259 (3 CFR, 1958-1963 Comp., 652 and 3 CFR, 1980 Comp.,p. 307)
(Equal Opportunity in Housing and implementing regulations at 24 CFR, Part 107; and
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination on
Federally Assisted Programs) and implementing regulations issued at 24 CFR, Part 1;
Executive Order 11063, as amended by Executive Order 12259, and 24 CFR part 107,
"Nondiscrimination and Equal Opportunity in Housing under Executive order 11063 or
24 CFR, Part 107 shall be a proper basis for the imposition of sanctions specified in 24
CFR 107.60;
The prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR, Part 146, and
the prohibitions against discrimination against handicapped individuals under Section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at
24 CFR, Part 8;
The requirements of Executive Orders 1246 (3 CFR 1964-65, Comp.,p. 339) (Equal
Employment Opportunity) and the implementing regulations issued at 4I CFR,
Chapter 60.
The requirements of Executive Orders 11625 and 12432 (concerning Minority Business
Enterprise), and 12138 (concerning Women's Business Enterprise). Consistent with
HUD's responsibilities under these Orders, each applicant must make efforts to encourage
the use of minority and women's business enterprises in connection with HOME funded
activities. Each Contractor must prescribe procedures acceptable to the City to establish
activities to ensure the inclusion, to the maximum extent possible, of 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.);
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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.
19
r
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
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