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HomeMy WebLinkAboutPR 14785: PA NEIGHBORHOOD ACTION COUNCIL - CDBG CONTRACTMemo~andunz To: Steve Fitigibbons, City Manager / From: Dale Watson, Director of Planning & Communit}~ Development ~Sv/ Dater June 30, 2008 Re: Proposed Resolution #14785 RECOMMENDATION: I recomrtiend that the City Council adopt Proposed Resolution #14785 authorizing contracts with the City of Port Arthur and Port Arthur Neighborhood Action Council. BACKGROUND: Port Arthur Neighborhood Action Council was awazded $10,000.00 to provide neighborhood security through the use of citizen patrol groups, primarily in low to moderate income neighborhoods. BUDGETARY/FISCAL IMPACT: . Funding source will be Community Development Block Grant funds. STAFFING/EMPLOYEE EFFECT: Funding will not have an effect on our staffmg level. SUMMARY: I recommend that the City Council adopt Proposed Resolution #14785 authorizing contracts with the City of Port Arthur and Port Arthur Neighborhood Action Council. P: R. 14785 - 06/30/08 ME-Grants Management RESOLUTION NUMBER A RESOLUTION AUTHORIZING THE EXECUTION OF A CDBG CONTRACT IN THE AMOUNT OF $10,000.00 BETWEEN THE PORT ARTHUR NEIGHBORHOOD ACTION COUNCIL AND THE CITY OF PORT ARTHUR TO PROVIDE NEIGHBORHOOD SECURITY THROUGH THE USE OF NEIGHBORHOOD ACTION GROUPS, PRIMARILY IN LOW TO MODERATE INCOME NEIGHBORHOODS. WHEREAS, the Port .Arthur Neighborhood Action Council operates as a non-profit organization that provides neighborhood security through the use of citizen patrol groups; and, WHEREAS, the Department of Housing and Urban Development has awarded funding to the City in the amount of $1,407,647.00 pursuant to the Housing and Development Act of 1974 for the primary benefit of low and moderate income persons; and, WHEREAS, the City Council, by its adoption of Resolution Number 06- 142, (authorizing submission of a 32nd Year Consolidated Plan) has obligated itself to provide fmancial assistance to public services organizations; and, WHEREAS, under the terms of the grant, the City is to review the requests for the disbursement of funds to the Port Arthur Neighborhood Action Council; and, WHEREAS, activities undertaken by Port Arthur Neighborhood Action Council must principally benefit low and moderate income persons as has been determined by the parties and is established under the guidelines of the Housing and Community Development Act of 1974, as amended; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR x THAT the City Manager is authorized to execute a contract with the Port Arthur Neighborhood Action Council in the amount of $10,000.00 for the proposal outlined herein and further described in the attached contract in substantially the same form as Attachment 1; and, 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., 2008 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: NOES: MAYOR ATTEST: CITY SECRETARY APPROVED FOR FORM: U~ t -CITY ATT EY ~ 9~vi ~y~,y, ~,0.'- ~~ APPROVED FOR ADMINISTRATION: CITY MANAGER PROVED FOR AVAILABILITY OF FUNDS: REBECCA UNDERHILL DIRECTOR7OF FINA/NCE ~l DALE WATSON, DIRECTOR PLANNING & GRANTS MANAGEMENT AGREE TO PANAC DATE: ATTACHMENT 1 CITY OF PORT ARTHUR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACT FOR A NON-PROFIT SUBRECIPIENT STATE OF TEXAS COUNTY OF JEFFERSON SECTION 1. PARTIES TO THE CONTRACT This contract and agreement is made and entered into by and between the City of Port Arthur, Texas (hereinafter called the "City") acting herein by City Manager, duly authorized by Resolution of the City Council of the City of Port Arthur and the Port Arthur Neighborhood Action Council,-Jefferson County, Texas.(hereinafrer 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 organization that provides neighborhood security through the use of neighborhood action groups; and, WHEREAS, the U. S. Department of Housing and Urban Development (HUD) has awarded funding to the City in the amount of $1,407,647 pursuant to the Housing and Development Act of 1974, as amended (hereinafer called the "grant"); and, WHEREAS, by the adoption of Resolution 06-142 (authorizing submission of a 32~ Year Community Development Block Grant Application) [he City has obligated itself to provide fmancial assistance to Port Arthur Neighborhood Action Council for activities for neighborhood watch groups that benefit low and moderate income neighborhoods in Port Arthur through a contract with the Subrecipient; and, , WHEREAS, under the terms of the grant the City must ensure that all applicable federal requirements are met concerning the disbursement of funds to .the Subrecipient; and, , WHEREAS, projects undertaken by the Subrecipient pursuant to this contract must principally be of direct benefit to low and moderate income persons as has been determined by the parties and is established under the guidelines of the Housing and Community Development Act of 1974, as amended; Now, Therefore, The Parties hereto do mutually agree as follows: SECTION 2. CONTRACT PERIOD This contract and agreement shall commence on July 1, 2008, and shall terminate on June 30, 2009, unless otherwise specifically provided by the terms of this contract. SECTION 3. SUBRECIPIENT'S PERFORMANCE The Subrecipient shall assistin providing safe and secure neighborhoods by use of neighborhood action groups. Assisting the Police Department in monitoring crime and reporting violators through the use of citizen patrol groups. In order to coordinate action between.the police department and the citizen patrol groups, Port Arthur Neighborhood Action Council shall designate a liaison to work with the Chief of Police and his designees. Port Arthur Neighborhood Action Council, its officers, and its patrols shall follow_the directions and instructions of the Chief of Police and his designees as to the hours of patrol, the routes, and the menus and methods-to report crimes. Community Development Block Grant funds shall be used to purchase equipment and supplies needed for the basic.operation of the program. The patrol groups will be required to perform weekly neighborhood patrols. Currently, Port Arthur Neighborhood Action Council has in excess of 14 individual groups (within 9 districts) in the City. Port Arthur Neighborhood Action Council shall use the CDBG funds to provide supplies to these patrol groups in substantially the same amounts. Nevertheless, Port Arthur Neighborhood Action Council shall not fund a neighborhood action group that does not follow the procedures of Port Arthur Neighborhood Action Council or the procedures of the Chief of Police. These procedures should be designed to efficiently and safely patrol the neighborhoods.- Neither Port Arthur Neighborhood Action Council nor its .citizen patrol groups shall be involved in any political activities or election campaigns. Such services to low and moderate-income persons shall be provided in accordance with the Housing and.Communiry Development Act of 1974, as amended (hereinafter called the Act). The Subrecipient shat] 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, hereinafer 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 responsib ility 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. It is expressly understood and agreed by the parties hereto that City's obligations under this Section 4 are contingent upon the actuai 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. Ciry 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. 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 receipts, 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 terminatiori of this contract. B. Limit of Liability Notwithstanding any other provision under this contract, the total of all payments and other obligations incurred by City under this contract shall not exceed the sum of Ten Thousand and No/100 Dollars ($10,000.00). SECTION 5. DISBURSEMENT OF FUNDS A. Subrecipient may nor request disbursement of funds under this contract until the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount needed.. - B. It is expressly understood and agreed.by the parties hereto that payments under this contract are contingent upon Subrecipient's full and. satisfactory performance of its obligations under this contract. City reserves the right to recapture funds provided. under this contract in the event that Subrecipient has been unable to commit funds before the end of this contract period. C. It is expressly understood and agreed by the parties hereto that any right or remedy provided for in this Section 5 or in any other provision of this contract shall not preclude the exercise of any other right or remedy under this contract or under any' provision of law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver of any other rights or remedies. Failure to exercise any right or remedy hereunder shall not constitute a waiver of the right to exercise that or any other right or remedy at any time. SECTION 6. UNIFORM ADMINISTRATNE 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 4 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 regulaz CDBG Program and must be returned to City. C. As anon-profit organization, Subrecipient must comply with applicable regulations under OMB Circular Numbers A-110 and A-122 pursuant to 24 CFR Part 570. SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS A. Subrecipient must establish and maintain sufficient records, as determined by City, to account for the expenditure and use of CDBG funds. B. Subrecipient shall give the City, the Comptroller of the United States, or any of their duly authorized representatives, access to and the right to examine all books accounts, records,. reports, files and other papers, things or property belonging to or in use by Subrecipient pertaining to this contract. Such rights to access shall continue as long as the records are retained by Subrecipient. Subrecipient agrees to maintain such records in an accessible location. __ C. All records pertinent to this contract shall be retained by Subrecipient for three years following the date of termination of this contract or submission of the final close-out report, whichever is later, with the following exceptions: If any litigation, claim or audit is started before the expiration. of the three-year period and extends beyond the three-year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records relating to real property acquisition or long-term lease shall be retained for a period equal to the useful life of any repairs made with CDBG funds. SECTION 8. REPORTING REQUIREMENTS A. Subrecipient shall submit to the City a copy of each patrol group schedule. The report will be due on the 15w of every mornh. Subrecipient shall provide City with all reports necessary for City's compliance with 24 CFR Part 570. - --a B. In addition to the limitations on liability otherwise specified in this contract, it is expressly understood and agreed by the pazties hereto that if Subrecipient fails to submit to Ciry in a timely and satisfactory manner any report iequired 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 grid the reasons therefore. Payments withheld. pursuant to this pazagraph 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 fmdings. 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 IS of this contract. The city has adopted the following monitoring system: Perform in house review of Subrecipient's reimbursement requests; 2. Monitor each Subrecipient at least once during the program year; Provide each Subrecipient with information on fmancial management; 4. Provide each Subrecipient with a copy of the monitoring guidelines SECTION 10. INDEPENDENT CONTRACTOR It is expressly understood and agreed by the parties hereto that City is contracting with Subrecipient as an Independent Contractor, and that Subrecipient,. as such, agrees to hold City harmless and to indemnify City from and against any-and all claims, demands, and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to; azising 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 l l .does not constitute adoption, ratification, or acceptance of Subrecipient's or subcontractor's performance hereunder.. City maintains the right to insist upon Contractor's full compliance with the terms of this contract, and by the act of approval under Section 11, City does not waive any right of action which may exist or_which_may subsequently accrue to. City under this contract. - C. Subrecipient shall comply with all applicable federal, state, and local laws, regulations, and ordinances for making procurement under this contract. SECTION 12. CONFLICT OF INTEREST No person who (1) is an employee, agent, consultant, officer or elected or appointed official of the City of Port Arthur or any applicant that receives funds and who exercises or has exercised any functions or responsibilities with respect to activities assisted with funds provided under this contract or (2) who is in a position to participate in a decision making process or gain inside information with regard to such activities may obtain a personal or financial interest or benefit from a CDBG assisted activity, or have an interest in any contract, subcontract, or agreement (or proceeds thereof) with respect to aCDBG-assisted activity either for themselves or those with whom they have family or business ties, during their tenure or for one yeaz thereafter. Subrecipient shall ensure compliance with applicable provisions under 24 CFR 85.36 and OMB Circulaz A-110 in the procurement of property and services. SECTION 13. NONDISCRIMINATION AND SECTARIAN ACTIVITY 7 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: 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 primazily 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. - SECTION.14: LEGAL AUTHORITY A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to enter into this contract, receive funds authorized by this contract, and to perform the services Subrecipient has obligated to perform hereunder. B. The person or persons signing and executing this contract on behalf of Subrecipient, or representing themselves as signing and executing this contract on behalf of - Subrecipient, do hereby warrant and guarantee that he, she or they have been duly authorized by Subrecipient to execute this contract on behalf of Subrecipient and to validly and legally bind Subrecipient to all terms, performances, and provisions herein -set forth.. C. Subrecipient shall not employ, award contract to, or fund any person that has been debarred, suspended, proposed for debarment, or placed on ineligibility status by U.S. Department of Housing and Urban Development. In addition, City shall have the right to suspend or terminate this contract if Subrecipient is debarred, proposed for debarment, or ineligible from participating in the CDBG Program. SECTION 15. LITIGATION AND CLAIMS Subrecipient shall give City immediate notice in writing of 1) any action, including any proceeding before an administrative agency filed against Subrecipient in connection with this contract; and 2) any claim against Subrecipient, the cost and expense of which Subrecipient may be entitled xo be reimbursed by City. Except as otherwise dtrected by City, Subrecipient shall furnish immediately to Ciry 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 exectited by both parties to this contract. B. It is understood and agreed by the pazties 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 is order to ensure the legal and effective performance of this contract by both parties, it is agreed by the pazties hereto that the performances unrler_this contract are by the provisions of the CDBG Program .and any amendments thereto and may further be amended in the following manner: Ciry 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 Counci] of Port Arthur in the form of CDBG issuances shall have_the effectof 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 Ciry 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: Temporarily withhold cash payments pending correction of the deficiency by Subrecipient or take more severe enforcement action against Subrecipient. Disallow all or part of the cost of the activity or action not incompliance. 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. 10 The Subrecipient will be reimbursed for expenses incurred to the date of . termination provided grant fends 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: Subrecipient shall have an audit made in accordance with 24 CFR Pazt 44, or OMB Circular A-133 for any of its fiscal yeazs included within the contract period specified in Section 2 of this contract in which the Subrecipient receives more than $300,000 in Federal fmancial assistance provided by a Federal agency in the form of grants, contracts, loans, loan guazantees, property, cooperative agreements, interest subsidies; insurance or duect appropriations, but does not include direct federal cash assistance to individuals. The term includes awards of Federal fmancial assistance received directly from federal agencies, or indirectly through other units of State and local government; - 2. At the option of Subrecipient, each audit required by this section may cover. either Subrecipient's entire operations or.each depaztrnent, 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 praperly 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 one (1) year after the end of each fiscal period included within the per-iod 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. _ 11 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 Port Arthur 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 CDBGaudit 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 $300,000 or more in Federal funding. -The completed form will be placed in the organization' s CDBG file. G. If the organization receives $300,000 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-$300,000 in Federal funds, then the City will require a limited scope audit. 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. The City will keep an audit-tracking log that states such information as when each Subrecipient's fiscal yeaz ends, the audit due da te, and the date the City received a copy of the audit. 12 SECTION 20. ENVIRONIv1ENTAL 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 similaz 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 subcontractbrs, 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 Secretazy 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 ana 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. 13 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 equipment and 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 Ciry 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 aze hereby made a pazt of this contract, and: constitute promised performances by-Subrecipient in accordance with Section 3 of this contract: L 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 Port Arthur Neighborhood Action Mary E. Essex, Grants Program Administrator P.0. Box 2006 444 4`" Street Port Arthur, Texas 77643 Port Arthur, Texas 77640 Attention: President 14~ 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. APPROVED IN FORM: Mark Sokolow, City Attorney CITY OF PORT ARTHUR Port Arthur Neighborhood Action Council Stephen Fitzgibbons, City Manager President ATTEST: City Secretary 15 EXHIBIT A Performance Statement Port Arthur Neighborhood Action Council Subrecipient shall carry out the following activities identified in its 2006 CDBG Application: Assisting the Police Department in monitoring crime and reporting violators through the use of citizen patrol groups. In order, to coordinate action between the police department and the citizen patrol groups, Port Arthur Neighborhood Action Council shall designate a liaison to work with the Chief of Police and his designees. Port Arthur Neighborhood Action Council, its officers, and its patrols shall follow- the directions and instructions of the Chief of Police and his designees as to the hours of patrol, the routes, and the menus and methods to report crimes. Community Development Block Grant funds shall be used to purchase equipment and supplies- needed for the basic operation of the program. The patrol groups will be required to perform -weekly neighborhood patrols. Currently, Port Arthur Neighborhood Action Council has in excess of 14 individual groups (within 9 districts) in the City. Port Arthur Neighborhood Action Council shall use the CDBG funds to provide supplies to these patrol groups in substantially the same amounts. Nevertheless, Port Arthur Neighborhood Action Council shall not fund a neighborhood action group that does not follow the procedures of Port Arthur Neighborhood Action Council or the procedures of the Chief of Police. These procedures should be designed to efficiently and safely patrol the neighborhoods. Neither Port Arthur Neighborhood Action Council nor its citizen patrol groups shall be involved in any political activities or election campaigns. Funds. shall be disbursed to Subrecipient on a periodic basis, with such periods not to exceed quarterly. Subrecipient shall be paid solely from Community Development Block Grant Funds. Subrecipient shall utilize Ten Thousand Dollars and No/100 ($13,-500.00). ADMINISTRATION Subrecipient shall utilize its own funds to carry out all project administration activities, including the cost associated with the required annual program compliance and fiscal audit. It is further understood that any costs above this contract amount incurred by the Subrecipient for these activities shall be paid for with private or other funds. 16 EXHIBIT B Budget Port Arthur Neighborhood Action Council ACTIVITY CONTRACT OTHER TOTAL FUNDS FUNDS FUNDS 1) Equipment Audio/Binoculars/ Computer/Copy Machine/Flashlights/Bulbs /Batteries/Police Radio Equipment/Police Scanner/Still Cameras/V ideo 0 Equipment/Polaroid Film 2) Office Supplies General Office Supplies/ - Posta e 0 3) Uniforms Shirts/Caps/Jackets/Wind. - _ Breakers/Rain Gear 0 4) Other Supplies. Neighborhood Signs /Car Si ns/Audit 0 TOTAL $10,000.00 $10,000.00 17 EXHIBIT C .Project Implementation Schedule .Port Arthur Neighborhood Action Council CONTRACT START DATE: CONTRACT ENDING DATE: Activities 1 2 3 4 5~ 6 7 8 9 10 11 12- Prepaze Syllabus/Program` X General Administration X X X X X X X X X X X X Final. Report & Close-out X 18 EXHH3IT D The Applicable Laws and Regulations Subrecipient shall comply with all federal, state, and local laws and regulations applicable to the activities and performances rendered by Subrecipient under this contract including, but not limited to, the laws and regulations specified in Section I through IV of this Exhibit D. I. CIVIL RIGHTS The Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR part 10; Executive Order 11063, as amended by Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1958-1963 Comp., 652 and 3 CFR, 1980 Comp., p. 307) (Equal Opportunity in Housing and implementing regulations at 24 CFR, Part 107; and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination on Federally Assisted Programs) and implementing regulations issued at 24 CFR, Part 1; Executive Order 11063, as amended by Executive Order 12259, and 24 CFR part 107, "Nondiscrimination and Equal Opportunity in Housing under Executive order 11063 or 24 CFR, Part 107 shall be a proper basis for the imposition of sanctions specified in 24 CFR 107.60; , The prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR, Part 14.6,- 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 connectiori with HOME funded activities. Each Contractor must prescribe procedures acceptable to the to establish activities to ensure the inclusion, to the maximum extent possible, of rities and women, and entities owned by minorities and women. The 19 Contractor/Subcontractor will be required to identify contracts which have been bid by minority owned, women owned, and/or small disadvantaged businesses. The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and "Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of the Department of Housing and Urban Development", 24 CFR, Part 8. By signing this contract, Contractor understands and agrees that the activities funded herein shall be operated in accordance with 24 CFR, Part 8; and the Architectural Barriers Act. of 1968 (42 U.S.C., Section 4151 et. seq.), including the use of a telecommunications device for deaf persons (TDDs) or equally effective communication system. II. ENVIRONMENTAL STANDARDS Environmental Review Procedures for Title I Community Development Block Grant Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982); 24 CFR Part 51, Environmental Criteria and Standards. 20 EXffiBIT E Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his knowledge and belief; that: 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 awazding 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. 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. The undersigned shall require that the language of this certification be included in the awazd documents for all subawazds at all tiers (including subcontracts, subgran[s, 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 Port Arthur Neighborhood Action Council Date 21