HomeMy WebLinkAboutPR 21549: AMENDMENT NO. 6 TO THE NEIGHBORHOOD STABILIZATION PROGRAM AND AMENDMENT NO. 7 TO THE NEIGHBORHOOD STABILIZATION PROGRAM INCOME ,,
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INTEROFFICE MEMORANDUM
Department of Development Services
Division of Housing and Neighborhood Revitalization
Date: August 31, 2020
To: City Manager
Mayor and City Council
From: Beverly A. Freeman, Housing &Neighborhood Revitalization Manager
RE: Proposed Resolution 21549—Amendment No. 6 to the Neighborhood Stabilization
Program 1 (NSP) Agreement and Amendment No. 7 to the Neighborhood Stabilization
Program Income (NSP1-PI) Reservation System Participation Agreement
Number 77090003154
Nature of the request:
The intent of this Agenda Item is to seek the City Council's approval for the City Manager to execute
Amendment No. 6 to the Neighborhood Stabilization Program 1 Agreement and Amendment No. 7 to
the Neighborhood Stabilization Program Income (NSP 1-PI) Reservation System Participation
Agreement Number 77090003154 between the City of Port Arthur and Texas Department of Housing
and Community Affairs (TDHCA), Contract Number 77090003154 to provide for reimbursements of
eligible expenses incurred after August 17, 2013 and close on remaining Land Bank properties under
the existing Neighborhood Stabilization Program 1 Contract Number 77090000154.
StaffAnalysis/Considerations:
The Neighborhood Stabilization Program 1 Program Income ("NSP1-PI") Reservation System
Participation Agreement Number 77090003154 is being amended to provide for the continuation of
reimbursement of eligible expenses incurred after the August 17, 2013 and to close on remaining Land
Bank properties under the existing Neighborhood Stabilization Program 1 Contract Number
77090000154.
Recommendation:
It is recommended that City Council authorize the City Manager to execute Amendment No. 6 to the
Neighborhood Stabilization Program 1 Agreement and Amendment No. 7 to the Neighborhood
Stabilization Program Income (NSP1-PI) Reservation System Participation Agreement Number
77090003154 between the City of Port Arthur and Texas Department of Housing and Community
Affairs (TDHCA), Contract Number 77090003154 to provide for reimbursements of eligible expenses
incurred after August 17, 2013 and close on remaining Land Bank properties under the existing
Neighborhood Stabilization Program 1 Contract Number 77090000154.
Budj'et Consideration
N/A
P. R. No 21549
08/31/20 BAF
RESOLUTION NUMBER
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NUMBER 6 TO THE NEIGHBORHOOD
STABILIZATION PROGRAM 1 (NSP1) AGREEMENT EXTENDING
THE CONTRACT EXPIRATION DATE FROM AUGUST 31, 2020 TO
AUGUST 31, 2021 AND AMENDMENT NUMBER 7 TO THE
NEIGHBORHOOD STABILIZATION PROGRAM 1 PROGRAM
INCOME, (NSP1-PI) RESERVATION SYSTEM PARTICIPATION
AGREEMENT TO PROVIDE FOR THE CONTINUATION OF
REIMBURSEMENTS OF ELIGIBLE EXPENSES AND CLOSING ON
REMAINING LAND BANK PROPERTIES UNDER THE EXISTING
NEIGHBORHOOD STABILIZATION PROGRAM 1 CONTRACT.
WHEREAS, pursuant to Resolution 13-542, the City of Port Arthur entered into a
contract with Texas Department of Housing and Community Affairs, (TDHCA) to implement
the Neighborhood Stabilization Program 1 Program Income (NSP1-PI) Program Income
Reservation System Participation Agreement that provided for the continuation of
reimbursements of eligible expenses and close on remaining Land Bank Properties under the
existing Neighborhood Stabilization Program 1 Contract Number 77090000154; and
WHEREAS, pursuant to Resolutions 15-120, 16-181, 16-244, 17-225, 18-265 and 19-
369, the Neighborhood Stabilization Program Income (NSP1-PI) Reservation System
Participation Agreement Number 77090003154 Amendments supported the continuation of
the activities started with Neighborhood Stabilization Program 1 contract Number
77090000154; and
WHEREAS, the Neighborhood Stabilization Program 1 Contract Number 77090000154
is being amended to extend the contract expiration date from August 31, 2020 and shall
terminate on August 31, 2021 and the Neighborhood Stabilization Program 1 Program
Income (NSP1-PI) Reservation System Participation Agreement Number 77090003154 is
being amended to provide for the continuation of reimbursement of eligible expenses
incurred after the August 17, 2013 and to close on remaining Land Bank properties under the
existing Neighborhood Stabilization Program 1 Contract Number 77090000154; and
WHEREAS, the amended Neighborhood Stabilization Program 1 Agreement Number
77090000154 and Program Income Reservation System Participation Agreement Number
77090003154 is attached hereto in substantially the same form as Exhibit "A" and Exhibit
"B".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council authorizes the City Manager to execute Amendment
Number 6 to the Neighborhood Stabilization Program 1 Agreement Number 77090000154 to
extend the contract expiration date from August 31, 2020 to August 31, 2021 and
Amendment Number 7 to the Neighborhood Stabilization Program 1 Program Income (NSP1-
PI) Reservation System Agreement Contract Number 77090000154 as attached hereto as
Exhibit "A" and Exhibit "B" in substantially the same form.
Section 3. That the Neighborhood Stabilization Program 1 Program Income (NSP1-
PI) Reservation System Participation Agreement Number 77090003154 Amendment
Number 7 will provide for the continuation of reimbursement of eligible expenses incurred
after August 17, 2013 and to close on remaining Land Bank properties under the existing
Neighborhood Stabilization Program 1 Contract Number 77090000154.
Section 4. That a copy of the caption of this Resolution be spread upon the minutes
of the City Council.
READ, ADOPTED AND APPROVED this day of 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
ATTEST:
SHERRI BELLARD, TRMC,
CITY SECRETARY
APPROVED AS TO FORM:
VALECIA TIZENO,
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
RON BURTON,
CITY MANAGER
BEVERLY A. FREEMAN,
HOUSING & NEIGHBORHOOD REVITALIZATION
MANAGER
EXHIBIT "
TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS
NEIGHBORHOOD STABILITAZION PROGRAM 1 PROGRAM (NSP1)
NO 7709000154 AMENDMENT NUMBER 6
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
NEIGHBORHOOD STABILIZATION PROGRAM
CONTRACT
WITH
CITY OF PORT ARTHUR,
A POLITICAL SUBDIVISION OF THE STATE OF TEXAS
CONTRACT NO. 77090000154
AMENDMENT NO. 6
This Amendment No.6 to the Neighborhood Stabilization Program ("NSP")Contract No.77090000154("Sixth
Amendment") is made and entered into by and between the TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY AFFAIRS, a public and official agency of the State of Texas ("Department"), and CITY OF PORT
ARTHUR, a political subdivision of the State of Texas ("Contractor") (hereinafter, collectively referred to as
"Parties"), to be effective on August 31, 2020.
RECITALS
WHEREAS,the Contractor and the Department executed that certain NSP Contract No. 77090000154
to be effective on September 1, 2009 ("Contract");
WHEREAS, the Contractor and Department executed that certain Amendment No. 1 to NSP Contract
No. 77090000154 ("First Amendment") to be effective on August 24, 2010;
WHEREAS, on May 17, 2011, and June 1, 2011, Contractor and Department, respectively, executed
that certain Amendment No. 2 to Contract No. 77090000154 ("Second Amendment")to be effective on June
1, 2011;
WHEREAS, on September 19, 2012, and October 17, 2012, Contractor and Department, respectively,
executed that certain Amendment No. 3 to Contract No. 77090000154 ("Third Amendment") to be effective
on October 17, 2012;
WHEREAS, the Contractor and Department executed that certain Amendment No. 4 to NSP Contract
No. 77090000154 ("Fourth Amendment")to be effective on August 28, 2014;
WHEREAS, on August 30, 2019, and September 10, 2019, Contractor and Department, respectively,
executed that certain Amendment No. 5 to Contract No. 77090000154 ("Fifth Amendment") to be effective
on September 10, 2019;
WHEREAS, the Parties desire to extend the term of the Contract and amend the activity-specific
timelines;
NSP Contract 77090000154,Amendment No.6 Page 1 of 5
WHEREAS, in accordance with Section 16 of the Contract and 10 TAC§20.14, Department has authority
to amend the Contract accordingly;and
WHEREAS, the Parties desire to amend the Contract in the manner described below.
AGREEMENTS
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. Section 2, CONTRACT PERIOD, of the Contract is hereby amended to read as follows:
"This Contract shall commence on September 1st, 2009 (Start Date), and shall terminate on
August 31, 2021 (End Date), unless otherwise specifically provided by the terms of this
Contract."
2. The Project Implementation Schedule attached as Exhibit C to the Contract is hereby amended and
replaced in its entirety with the Project Implementation Schedule consisting of one page, attached as
Attachment#1 to this Sixth Amendment.
3. All of the remaining terms and provisions of the Contract shall be and remain in full force and effect.
If the terms of this Sixth Amendment and the terms of the Contract as amended by Sixth are in conflict,
then this Sixth Amendment shall control unless it would make the Contract void by law.
4. Each capitalized term not expressly defined herein shall have the meaning given to such term in the
original Contract.
5. This Sixth Amendment shall be binding upon the Parties hereto and their respective successors and
assigns.
6. This Sixth Amendment may be executed in several counterparts, each of which shall be deemed to
be an original copy, and all of which together shall constitute one contract binding on Parties,
notwithstanding that all the Parties shall not have signed the same counterpart.
7. If any Party returns a copy of this Sixth Amendment by facsimile machine or electronic transmission,
the signing Party intends the copy of its authorized signature printed by the receiving machine or
electronic transmission to be its original signature.
8. By the signing of this Sixth Amendment, the Parties expressly understand and agree that the terms
under this Sixth Amendment shall become a part of the Contract as if they were set forth word for
word therein.
NSP Contract 77090000154,Amendment No.6 Page 2 of 5
WITNESS OUR HANDS TO BE EFFECTIVE ON AUGUST 31, 2020:
CONTRACTOR:
CITY OF PORT ARTHUR,
a political subdivision of the State of Texas
By:
Name: Ronald Burton
Title: City Manager
Date:
NSP Contract 77090000154,Amendment No. 6 Page 3 of 5
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS,
a public and official agency of the State of Texas
By:
Name:
Title: Its duly authorized officer or representative
Date:
NSP Contract 77090000154,Amendment No. 6 Page 4 of 5
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
NEIGHBORHOOD STABILIZATION PROGRAM
CONTRACT 77090000154
AMENDMENT NO. 6
ATTACHMENT#1
EXHIBIT C
PROJECT IMPLEMENTATION SCHEDULE
NSP CONTRACT NO. 77090000154
CITY OF PORT ARTHUR,
A POLITICAL SUBDIVISION OF THE STATE OF TEXAS
All contract funds 100%Obligated September 3, 2010
All contract funds 100% Expended August 31, 2021
All properties in Final Eligible Use August 31, 2021
NSP Contract 77090000154,Amendment No. 6 Page 5 of 5
EXH I BIT ,,
TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS
NEIGHBORHOOD STABILITAZION PROGRAM 1 PROGRAM INCOME
(NSP1-PI)
RESERVATION SYSTEM PARTICIPATION AGREEMENT
NO 77090003154 AMENDMENT NUMBER 7
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
NEIGHBORHOOD STABILIZATION PROGRAM ONE—PROGRAM INCOME
RESERVATION SYSTEM PARTICIPATION AGREEMENT
WITH
CITY OF PORT ARTHUR,
A POLITICAL SUBDIVISION OF THE STATE OF TEXAS
AGREEMENT NO. 77090003154
AMENDMENT NO. 7
CFDA 14.228 NEIGHBORHOOD STABILIZATION PROGRAM ("NSP")
Awarding Federal Agency: U.S. Department of Housing and Urban Development
Award Number: B-08-DN-48-0001
Federal Award Year: 2008
Pass Through Entity:Texas Department of Housing and Community Affairs
TDHCA Award Year: 2012
This Amendment No. 7 to the Neighborhood Stabilization Program One — Program Income ("NSP1-PI")
Agreement No. 77090003154 ("Seventh Amendment") is made and entered into by and between the TEXAS
DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a public and official agency of the State of Texas
("Department"), and CITY OF PORT ARTHUR, a political subdivision of the State of Texas ("Subgrantee")
(hereinafter, collectively referred to as "Parties"), to be effective on August 31, 2020.
RECITALS
WHEREAS, on April 2, 2015, and May 4, 2015, the Subgrantee and the Department, respectively,
executed that certain NSP1-PI Reservation System Participation Agreement No.77090003154 to be effective
on May 4, 2015 ("RSP Agreement");
WHEREAS, on September 18, 2014, and August 28, 2014, Subgrantee and Departmert, respectively,
executed that certain Amendment No. 1 to RSP Agreement No. 77090003154 ("First Amendment") to be
effective on August 31, 2014;
WHEREAS, on July 10, 2016, and July 16, 2016, Subgrantee and Department, respectively, executed
that certain Amendment No. 2 to RSP Agreement No. 77090003154 ("Second Amendment") to be effective
on August 31, 2015;
WHEREAS, on September 8, 2016, and September 19, 2016, Subgrantee and Department,
respectively, executed that certain Amendment No. 3 to RSP Agreement No. 77090003154 ("Third
Amendment") to be effective on August 31, 2016;
RSP Agreement 77090003154,Amendment No.7 Page 1 of 5
WHEREAS, on September 12, 2017, and September 26, 2017, Subgrantee and Department,
respectively, executed that certain Amendment No. 4 to RSP Agreement No. 77090003154 ("Fourth
Amendment") to be effective on August 31, 2017;
WHEREAS, on July 9, 2018, and July 20, 2018, Subgrantee and Department, respectively, executed
that certain Amendment No. 5 to RSP Agreement No. 77090003154 ("Fifth Amendment") to be effective on
August 31, 2018;
WHEREAS, on August 30, 2019, and September 10, 2019, Subgrantee and Department, respectively,
executed that certain Amendment No. 6 to RSP Agreement No. 77090003154 ("Sixth Amendment") to be
effective on September 10, 2019;
WHEREAS,the Parties desire to extend the term of the RSP Agreement and amend the activity-specific
timelines;
WHEREAS, in accordance with Article 5 of the RSP Agreement and 10 TAC §20.14, Department has
authority to amend the RSP Agreement accordingly; and
WHEREAS, the Parties desire to amend the RSP Agreement in the manner described below.
AGREEMENTS
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. Section 2.1,Term, Article 2, RESERVATION SYSTEM PARTICIPATION, of the RSP Agreement is hereby
amended to read as follows:
"This RSP Agreement shall be effective on the latter date this RSP Agreement is executed by
the Subgrantee and an authorized representative of the Department and shall terminate on
August 31, 2021 ("Term"), unless otherwise specifically provided herein."
2. All of the remaining terms and provisions of the RSP Agreement shall be and remain in full force and
effect. If the terms of this Seventh Amendment and the terms of the RSP Agreement as amended by
Seventh Amendment are in conflict,then this Seventh Amendment shall control unless it would make
the RSP Agreement void by law.
3. Each capitalized term not expressly defined herein shall have the meaning given to such term in the
original RSP Agreement.
4. This Seventh Amendment shall be binding upon the Parties hereto and their respective successors
and assigns.
5. This Seventh Amendment may be executed in several counterparts, each of which shall be deemed
to be an original copy, and all of which together shall constitute one agreement binding on Parties,
notwithstanding that all the Parties shall not have signed the same counterpart.
RSP Agreement 77090003154,Amendment No. 7 Page 2 of 5
6. If any Party returns a copy of this Seventh Amendment by facsimile machine or electronic
transmission, the signing Party intends the copy of its authorized signature printed by the receiving
machine or electronic transmission to be its original signature.
7. By the signing of this Seventh Amendment,the Parties expressly understand and agree that the terms
under this Seventh Amendment shall become a part of the RSP Agreement as if they were set forth
word for word therein.
RSP Agreement 77090003154,Amendment No.7 Page 3 of 5
WITNESS OUR HANDS TO BE EFFECTIVE ON AUGUST 31, 2020:
SUBGRANTEE:
CITY OF PORT ARTHUR,
a political subdivision of the State of Texas
By:
Name: Ronald Burton
Title: City Manager
Date:
RSP Agreement 77090003154,Amendment No.7 Page 4 of 5
DEPARTMENT:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, a
public and official agency of the State of Texas
By:
Name:
Title: Its duly authorized officer or representative
Date:
RSP Agreement 77090003154,Amendment No. 7 Page 5 of 5