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HomeMy WebLinkAboutPR 15404: CDBG GRANT CONTRACT WITH H.O.P.E.1VIem® To: Stephen Fitzgibbons, City Manager From: Rebecca Underhill, Assistant City Manager Colleen Russell, Director of Planning Date: July 28, 2009 Re: P. R. 15404 RECOMMENDATION: I recommend that the City Council adopt Proposed Resolution 15404 authorizing Community Development Block Grant contract for program year 2009. BACKGROUND: Pursuant to the United States Department of Housing and Urban Development (HUD) according to Section 24CFR the City was awarded funding in the total amount of $1,382,405 for Community Development Block Grant Funds (CDBG) for the primary benefit of low and moderate income persons. Helping Our People Excel (H.O.P.E.) was authorized to receive $3,000 and due to corrections that were required, their contract had not been included with the previous City Council resolutions. BUDGETARY/FISCAL IMPACT: Funding is available in the Community Development Block Grant (CDBG) 35`h program year. STAFFING/EMPLOYEE EFFECT: Funding will not have an effect on our staffing level, as this is for our subrecipients. SUMMARY: Once City Council approves Proposed Resolution 15404, all Community Development Block Grant contracts for 2009 will be authorized for execution. P. R. 15404 07/28/09 ME-Grants Management RESOLUTION NUMBER A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND THE NON PROFIT SERVICE ORGANIZATION, HELPING OUR PEOPLE EXCEL OF PORT ARTHUR FOR PUBLIC SERVICE ACTIVITIES, IN THE AMOUNT OF $3,000. WHEREAS, the public service organization were chartered as Texas non- profit corporations that aze organized to serve the needs of the citizens in the community; and, WHEREAS, the Department of Housing and Urban Development has awarded funding to the City in the amount of $1,382,405 pursuant to the Housing and Development Act of 1974 for the primary benefit of low and moderate income persons; and, WHEREAS, the City Council now finds it desirable and appropriate $3,000 from the said amount of $1,382,405, for the Helping Our People Excel, to benefit low and moderate income residents of the City; and, WHEREAS, the City Council, by its adoption of Resolution Number 09- 129, (authorizing submission of a 35a' Yeaz Consolidated Plan) has obligated itself to provide financial assistance to Port Arthur non-profit organizations listed; and WHEREAS, the City Council, is required to designate an official to sign all documents in connection with amendments to the applications and 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 with the public services organization, in the amount of Three Thousand Dollars ($3,000) for the proposal outlined herein and further described in the attached contract marked Attachment 1; and, THAT said contracts are an exact duplicate of the Newly Federally funded Community Development Block Grant subrecipient contracts, which aze the standazd 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., 2009 at a Regulaz Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: MA NOES: MAYOR ATTEST: CITY SECRETARY APPROVED FOR FORM: / ~"~! ~~_ CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER APPROVED FOR A/~V/~AILABILITY OF FUNDS: D RECTOR OF FINANC' COLEEN RUSSELL DIRECTOR OF PLANNING 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 its Mayor and City Manager, duly authorized by Resolution of the City Council of the City of Port Arthur and Helping Our People Excel, 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 serves the needs of strengthening families and developing community leaders; and, WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has awarded funding to the City in the amount of $1,382,405 pursuant to the Housing and Development Act of 1974, as amended (hereinafter called the "grant"); and, WHEREAS, by the adoption of Resolution 09-129 (authorizing submission of a 35th Year Community Development Block Grant Application) the City has obligated itself to provide financial assistance to H.O.P.E non-profit social service agency of low and moderate income 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 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 August 11, 2009 and shall terminate on August 10, 2010, unless otherwise specifically provided by the terms of this contract. SECTION 3. SUBRECIPIENT'S PERFORMANCE Helping Our People Excel (H.O.P.E.) will conduct GED classes, Mon. & Wed. 10 -11:30 a.m. and 6:00 - 7:30 p.m. at 701 West Rev. Dr. Ransom Howazd Street. Helping Our People Excel (H.O.P.E.) shall use CDBG funds to purchase computers and printer for its GED classes. HOPE must verify that at least 51 % of its GED students aze persons whose family income does not exceed low-and-moderate income limits as defined by HUD. Such services to low and moderate income persons shall be provided in accordance with the Housing and Community Development Act of 1974, as amended (hereinafter called the Act). 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. It is expressly understood and agreed by the parties hereto that City's obligations under this Section 4 aze 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. City shall not be liable to Subrecipient for any costs incurred by Subrecipient or for any performances rendered by Subrecipient which aze 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 based on receipts, income verification forms 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 aze 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 Two Three Thousand Dollars and 00/100s ($3,000.00). SECTION 5. DISBURSEMENT OF FUNDS A. City will reimburse only for computer equipment. Subrecipient may not request disbursement of funds under this contract until the funds aze 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. 1t is express]y 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 anon-profit organization, Subrecipient must comply with applicable regulations under OMB Circulaz 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 monthly report on the number of students served along with the racial distribution for each participant. The reports will be due on the 15th of every month or when reimbursement request is made. Subrecipient shall provide City with all reports necessary for City's compliance with 24 CFR Part 570. 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 pazagraph may be held by City until such time as the delinquent obligations for which funds are withheld aze 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 awazd 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: Perform in house review of Subrecipient's reimbursement requests; Monitor each Subrecipient at least once during the program year; 3. Provide each Subrecipient with information on financial management; 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 standazds 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 standazds 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 al] termsof 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 fmancial 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-I 10 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: 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 aze 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 primazily religious organizations, such as churches, for any activity including seculaz 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 regazdless 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 I) 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 aze 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 in compliance. 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: Subrecipient shall have an audit made in accordance with 24 CFR Part 44, or OMB Circular A-133 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 $500,000 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; 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 aze subject to review and resolution by City or its authorized representative. 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 necessazy 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 $500,000 or more in Federal funding. The completed form will be placed in the organization's CDBG file. 10 G. If the organization receives $500,000 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 $500,000 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. I. 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 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 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 Standazds 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 Anri-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 11 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. 12 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 aze 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 H.O.P.E. Mary E. Essex, Grants Program Administrator Executive Director 444 4th Street 701 W. 7's Street Port Arthur, Texas 77640 Port Arthur, Texas 77640 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. 13 SIGNED AND AGREED to on this the day of 2009. HELPING OUR PEOPLE EXCEL (H.O.P.E.) BY: DIRECTOR SIGNED AND AGREED to on this the day of 2009. CITY OF PORT ARTHUR BY: STEPHEN FITZGIBBONS, CITY MANAGER 14 EXHIBIT A Performance Statement HOPE (HELPING OUR PEOPLE EXCEL) Subrecipient shall carry out the following activities identified in its 2009 CDBG Application Helping Our People Excel (H.O.P.E.) will conduct GED classes, Mon. & Wed. 10 -11:30 a.m. and 6:00 - 7:30 p.m. at 701 West Rev. Dr. Ransom Howazd Street. Helping Our People Excel (H.O.P.E.) shall use CDBG funds to purchase computers and printer for its GED classes. HOPE must verify that at least 51 % of its GED students aze persons whose family income does not exceed low-and-moderate income limits as defined by HUD. Such services to low and moderate income persons shall be provided in accordance with the Housing and Community Development Act of 1974, as amended (hereinafter called the Act). 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. Subrecipient shall utilize Three Thousand Dollars and No/100 ($3,000.00) of contract funds to complete these activities. It is further understood that any costs above this contract amount incurred by the Subrecipient forthese activities shall be paid for with private or other funds. Subrecipient shall verify the family income of all families whose children participate in activities assisted with CDBG funds in order to ensure benefit to low to moderate-income persons. The types of income verification shall include proof that participants aze City of Port Arthur Housing Authority residents, income tax returns, employer's certification and other means acceptable to the City. 15 EXHIBIT B Budget HOPE (HELPING OUR PEOPLE EXCEL) Activity 1) Computers/laptop Printer/fa~copy machine TOTAL FUNDS Contract In-Kind TOTAL Funds Funds FUNDS $3,000.00 $ 0.00 $ 3,000.00 $3,000.00 $ 0.00 $ 3,000.00 16 EXHIBIT C Project Implementation Schedule HOPE (HELPING OUR PEOPLE EXCEL) CONTRACT START DATE: CONTRACT ENDING DATE: Youth Activities 1 2 3 4 5 6 7 8 9 10 11 12 Program Prepare Syllabus/Program X School Yeaz Activities X X X X X X X X X Special Activities X X X General Administration X X X X X X X X X X X X Final Report & Close-out X 17 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. 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.); 18 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 Standazds. 19 EXHIBIT 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. 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. The undersigned shall require that the language of this certification be included in the award documents for all subawazds 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: Executive Director Date 20