HomeMy WebLinkAboutPR 23320: 2023 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENTS INTEROFFICE MEMORANDUM
Date: September 26, 2023
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Mary Essex, Grants Program Administrator
RE: 2023 Community Development Block Grant Agreements, P. R. No. 23320
Introduction:
This Agenda Item seeks the City Council's authorization for the City Manager to enter into
Community Development Block Grant interoffice and non-profit grant agreements for Program
Year 2023.
Background:
The Department of Housing and Urban Development has awarded $1,042,808.00 for the 2023
Community Development Block Grant Program.
The funding allocations for each grant recipient were approved by Council on March 30, 2023 via
Resolution 23-146.
Budget Impact:
The Community Development Block Grant program is the only funding source.
Recommendation:
This Agenda Item seeks the City Council's authorization for the City Manager to enter into
Community Development Block Grant interoffice and non-profit grant agreements for program
year 2023.
P. R. No.23320
08/31/2023 MEE
RESOLUTION NUMBER
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE TWO (2)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) INTERDEPARTMENTAL
AGREEMENTS WITH THE HOUSING AND NEIGHBORHOOD REVITALIZATION
AND GRANTS MANAGEMENT DIVISIONS FOR HOUSING ASSISTANCE AND
GRANT ADMINISTRATION PROGRAMS; AND FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE SEVEN (7) SUB-RECIPIENT AGREEMENTS WITH
NON-PROFIT ORGANIZATIONS FOR PUBLIC SERVICE ACTIVITIES THAT
BENEFIT LOW AND MODERATE-INCOME RESIDENTS FOR A TOTAL FUNDING
ALLOCATION OF $1,042,808.00 FROM THE 2023 CDBG 2023 PROGRAM YEAR.
WHEREAS,pursuant to Resolution 23-206,the City Council authorized the City Manager
to apply to the U.S. Department of Housing and Urban Development for the 2023 Community
Development Block Grant in the amount of$1,042,808.00; and
WHEREAS, per Resolution 23-146, the City Council approved the 2023 Community
Development Block Grant(CDBG)funding allocations in the total amount of$1,042,808.00;and,
WHEREAS, Resolution 23-146 also approved and adopted a list of projects to fund for
2023 to assure compliance with the Housing and Urban Development Act of 1974, amended
public law 93-383; and,
WHEREAS, the seven (7) public services organizations selected are chartered as Texas
nonprofit corporations that are organized to serve the needs of the citizens in the community;and,
WHEREAS, the interdepartmental agreements with the Housing and Neighborhood
Revitalization and Grants Management Divisions will serve the various needs of the low to
moderate-income residents of Port Arthur with housing assistance and grant administration
programs; and,
WHEREAS,the City Council, by its adoption of Resolution Number 23-206 (authorizing
submission of the 2023 Year Consolidated Plan), has obligated itself to provide financial
assistance to Port Arthur non-profit organizations and City divisions 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 Council hereby authorizes the total allocations of$87,808.00 to the non-
profit recipients below to benefit low and moderate-income residents of Port Arthur:
• $10,000.00 for Legacy CDC;
• $18,000.00 for Nutrition and Services for Seniors;
• $11,258.00 for IBN Sina Foundation;
• $5,000.00 for Gift of Life;
• $3,550.00 for Lion Hearted Boxing Academy;
• $27,500.00 for Catholic Charities; and
• $12,500.00 for Court Appointed Special Advocates.
THAT,the City Council hereby authorizes the interdepartmental agreements with the total
funding of$955,000.00, which includes the following allocations:
• $545,000.00 for Demolition/Reconstruction projects;
• $30,000.00 for Infrastructure Activities;
• $220,000.00 for Housing and Neighborhood Revitalization; and
• $160,000.00 for Grants Management Administration.
THAT,the City Manager is authorized to execute contracts between the City of Port Arthur
and the seven (7) public service organizations in the amount of Eighty-Seven Thousand Eight
Hundred Eight and No/100 Dollars ($87,808.00) and two (2) interdepartmental agreements in the
amount of Nine Hundred Fifty-Five Thousand and No/100 Dollars ($955,000.00) for a total
funding allocation of$1,042,808.00 as in the proposal outlined herein and in substantially the same
form as Exhibits 1-9.
THAT, said contracts are exact duplicates of the federally funded Community
Development Block Grant sub-recipient contract, which are the standard contracts that the City
will be using, and is hereby incorporated by reference, and said changes are hereby approved.
THAT a copy of the caption of this Resolution be spread upon the minutes of the City
Council.
READ,ADOPTED,AND APPROVED this day of A. D.,2023,
at a Regular meeting of the City Council of the City of Port Arthur, Texas by the following vote:
AYES: MAYOR;
COUNCILMEMBERS:
NOES:
THURMAN BARTIE, MAYOR
ATTEST:
SHERRI BELLARD
CITY SECRETARY
APPROVED AS TO FORM:
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AL TIZCITY ATNEY
APPROVED FOR 0014611k, S RA , .
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RON BURTON
CITY MANAGER
APPROVED AS TO AVAILABILITY OF FUNDS:
CIAA
KANDY DANIEI/
DIRECTOR OF FINANCE
Exhibit # 1
(Interdepartmental Agreement with Grants Management Division)
INTERDEPARTMENTAL AGREEMENT
This Interdepartmental Agreement (Agreement) was entered between the Grants Management Division
and the City of Port Arthur.
I. PURPOSE
This Interdepartmental Agreement aims to provide 2023 Community Development Block
(CDBG)funds to the Grants Management Division for administration expenses.
II. TIME OF PERFORMANCE
The Time of Performance under this Agreement shall begin September 27, 2023, and end
September 26, 2024.
III. SERVICES PROVIDED
The Grants Management Division shall provide the Community Development Block Grant
Program administration services.
IV. BUDGET
The budget is One Hundred Sixty Thousand and No/100 Dollars ($160,000.00).
V. PROGRAM STANDARDS
Projects undertaken must principally be of direct benefit to low- and moderate-income
persons or a low to moderate-income area of the City of Port Arthur.
VI. PROGRAM REQUIREMENTS
The Program receiving funds under this Agreement must comply with City of Port Arthur
Procurement Procedures and 24 CFR 570 and 2 CFR Part 200.
VII. PERFORMANCE STANDARDS
The Grants Management Division shall perform the work specified in this Agreement
reasonably and prudently.
VIII. AMENDMENTS
Any amendments to this Agreement must be made in writing and approved by both parties
hereto.
Ron Burton, City Manager Date
Grants Management Division
Pamela Langford, Assistant City Manager Date
Exhibit #2
(Interdepartmental Agreement with Housing and Neighborhood Revitalization Division)
INTERDEPARTMENTAL AGREEMENT
This Interdepartmental Agreement (Agreement) is hereby entered into between the City of Port Arthur
and the Housing and Neighborhood Revitalization Division.
I. PURPOSE
This Interdepartmental Agreement provides 2023 Community Development Block (CDBG)
funds to the Housing and Neighborhood Revitalization Division for administering Housing
Assistance Programs.
II. TIME OF PERFORMANCE
The Time of Performance under this Agreement shall begin September 27, 2023, and end on
September 26, 2024.
III. SERVICES PROVIDED
The Housing and Neighborhood Revitalization Division shall provide housing services to low
and moderate-income families of Port Arthur,Texas.
IV. BUDGET
A. Two Hundred Eighteen Thousand and No/100 Dollars ($220,000) will assist with
administrative/activity delivery costs for four (4) staff to administer the Housing
Assistance Programs for Port Arthur,Texas's low and moderate-income persons/families.
The Programs provide emergency/minor repairs and rehabilitation, demolition and
reconstruction of owner-occupied housing units, and down payment and closing costs
assistance for eligible homebuyers to purchase existing or new construction homes.
B. The budget of Five Hundred Forty-Five Thousand and No/100 Dollars ($545,000) will
provide for the demolition and reconstruction of four (4) owner-occupied housing units
for low and moderate-income families in Port Arthur,Texas.
C. The budget amount of Thirty Thousand and No/100 Dollars ($30,000) will assist an
eligible Sub-recipient and Community Housing Development Organization (CHDO) with
infrastructure-related activities (installation of sidewalks, driveways, water/sewer lines,
60/40 dirt mix, Etc.) relating to the new construction of single-family houses for the low
and moderate-income families of Port Arthur,Texas.
V. PROGRAM STANDARDS
Projects undertaken must directly benefit low and moderate-income persons/families,or the
project must benefit a low and moderate-income area of the City of Port Arthur.
VI. PROGRAM REQUIREMENTS
The Program receiving funds under this Agreement must comply with the City of Port Arthur
Procurement Procedures and 24 CFR 570 and 2 CFR Part 200.
VII. PERFORMANCE STANDARDS
The Housing Assistance Division shall perform the work specified in this Agreement
reasonably and prudently.
VIII. REPORTS
Monthly reports are due by the 28th day of each month and include the number of persons
served by race and income.
IX. AMENDMENTS
Any amendments to this Agreement must be made in writing and approved by both parties.
Ron Burton, City Manager Date
Housing and Neighborhood Revitalization Division
Pamela Langford, Director of Development Services Date
Exhibit #3
(Contract for Non-Profit Subrecipient- Legacy CDC)
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 are made and entered into by and between the City of Port Arthur,
Texas(hereinafter called the "City")acting herein by its City Manager, duly authorized by
Resolution of the City Council of the City of Port Arthur, and Tender Loving Care Center for
Children dba Legacy Community Development Corporation,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 Legacy Community Development Corporation(Legacy
CDC)was created to provide services that will assist families in addressing barriers to self-
sufficiency. Our mission is to foster family stability through the provision of housing and
counseling services.
The parent organization, Tender Loving Care Center for Children(TLCCC)was
founded in December 2006 to provide low to moderate-income parents with guidance and
parenting skills to reduce the incidence of child abuse; and,
WHEREAS,the U. S. Department of Housing and Urban Development(HUD)
has awarded funding to the City in the amount of$1,042,808 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant"); and,
WHEREAS, by the adoption of Resolution 23-206 (authorizing submission of the
2023 Annual Consolidated Plan)the City has obligated itself to provide financial assistance to
Tender Loving Care Center for Children dba Legacy Community Development Corporation to
provide homeownership classes, 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,
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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 September 27,2023, and shall terminate on
September 26,2024, unless otherwise specifically provided by the terms of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
Tender Loving Care Center for Children dba Legacy Community Development Corporation shall
conduct homebuyer's education classes to assist low to moderate-income families with
homeownership. Grant funds will reimburse for tuition expenses for the Homebuyers Counseling
classes for eligible families at the rate of$100 per person and operating costs such as rent, salary,
insurance, utilities (electric, water, gas, internet, and telephone), copier fees, office supplies,
equipment, and travel/training. CDBG will only pay the current monthly charges for the utilities
and other operating expenses. CDBG will not pay late fees or unpaid charges from previous
months. Receipts and copies of canceled checks must be attached to a reimbursement statement.
Each recipient in the Homebuyer's education class must satisfy income requirements as defined
by the Department of Housing and Urban Development. Approximately 14 persons will benefit
from the program.
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, and bookkeeping for expenditures made by Subrecipient in performance of
the obligations herein.
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SECTION 4. CITY'S OBLIGATIONS
A. Measure of Liability
In consideration of full and satisfactory performance of the activities referred to in
Section 3 of this contract, City shall be liable for actual and reasonable costs incurred by
the Subrecipient during the contract period for performances rendered under this contract
by Subrecipient, subject to the limitations set forth in this Section 4.
1. It is expressly understood and agreed by the parties hereto that City's obligations
under this Section 4 are contingent upon the actual receipt of adequate federal
funds to meet City's liabilities under this contract. If adequate funds are not
available to make payments under this contract, City shall notify Subrecipient in
writing within a reasonable time after such fact is determined. City shall then
terminate this contract and will not be liable for failure to make payments to
Subrecipient under this contract.
2. City shall not be liable to Subrecipient for any costs incurred by Subrecipient, or
any portion thereof, which has been paid to Subrecipient or is subject to payment
to Subrecipient, or has been reimbursed to Subrecipient or is subject to
reimbursement to Subrecipient by any source other than City or Subrecipient.
3. City shall not be liable to Subrecipient for any costs incurred by Subrecipient or
for any performances rendered by Subrecipient which are not allowable costs as
set forth in Section 6C of this contract. City assumes no responsibility to
reimburse Subrecipient for any unauthorized expense incurred nor shall
Subrecipient create any deficit in the name of City nor shall Subrecipient assign
any payment due from City to any other party.
4. City shall only disburse funds to Subrecipient upon receipt of income verification
forms and sign-in sheets, paid invoices with copies of canceled checks or other
evidences approved by the City's Grants Management staff. This documentation
must be in accordance with Exhibit B of this contract.
5. City shall not be liable to Subrecipient for any costs incurred by Subrecipient for
any performances rendered by Subrecipient which are not strictly in accordance
with the terms of this contract, including the terms of Exhibit A, Exhibit B,
Exhibit C, Exhibit D, and Exhibit E of this Contract.
6. City shall not be liable for costs incurred or performances rendered by
Subrecipient before commencement of this contract or after termination of this
contract.
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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. City will cover the cost incurred under this contract in accordance with the requirements
of 24 CFR 570 and 2 CFR Part 200. Subrecipient may not request disbursement of funds
under this contract until the funds are needed for payment of eligible costs. The amount
of each request must be limited to the amount needed.
B. It is expressly understood and agreed by the parties hereto that payments under this
contract are contingent upon Subrecipient's full and satisfactory performance of its
obligations under this contract. City reserves the right to recapture funds provided under
this contract in the event that Subrecipient has been unable to commit funds before the
end of this contract period.
C. It is expressly understood and agreed by the parties hereto that any right or remedy
provided for in this Section 5 or in any other provision of this contract shall not preclude
the exercise of any other right or remedy under this contract or under any provision of
law,nor shall any action taken in the exercise of any right or remedy be deemed a waiver
of any other rights or remedies. Failure to exercise any right or remedy hereunder shall
not constitute a waiver of the right to exercise that or any other right or remedy at any
time.
SECTION 6. UNIFORM ADMINISTRATIVE REQUIREMENTS,
COST PRINCIPLES, AND PROGRAM INCOME
A. Subrecipient shall maintain records of the receipt, accrual, and disposition of all
program income in the same manner as required for all other funds under this contract.
Subrecipient shall provide reports of program income as requested by City and at the
termination of this contract.
B. Subrecipient shall return to City,upon termination of this contract, any unused funds and
any income derived specifically from the use of Community Development Block Grant
(CDBG) funds by Subrecipient. Income to Subrecipient, which is generated as a result of
Subrecipient's use of grant funds, shall be considered program income of City's regular
CDBG Program and must be returned to City.
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C. As a non-profit organization, Subrecipient must comply with applicable regulations under
OMB Circular Numbers A-110 and A-122 pursuant to 24 CFR Part 570 and 2 CFR Part
200.
SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS
A. Subrecipient must establish and maintain sufficient records, as determined by City,to
account for the expenditure and use of CDBG funds.
B. Subrecipient shall give the City,the Comptroller of the United States, or any of their
duly authorized representatives, access to and the right to examine all books accounts,
records, reports, files and other papers, things or property belonging to or in use by
Subrecipient pertaining to this contract. Such rights to access shall continue as long
as the records are retained by Subrecipient. Subrecipient agrees to maintain
such records in an accessible location.
C. All records pertinent to this contract shall be retained by Subrecipient for 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:
1. 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 Port Arthur
residents enrolled in the homebuyer's education classes by race unless information is
provided on reimbursement statement. The report will be due on the 15th of every month.
Subrecipient shall provide City with all reports necessary for City's compliance with 24
CFR Part 570 and 2 CFR Part 200.
B. In addition to the limitations on liability otherwise specified in this contract, it is
expressly understood and agreed by the parties hereto that if Subrecipient fails to submit
to City in a timely and satisfactory manner any report required by this contract, City may,
at its sole discretion, withhold any or all payments otherwise due or requested by
Subrecipient hereunder. If City withholds such payments; it shall notify Subrecipient in
writing of its decision and the reasons therefore. Payments withheld pursuant to this
paragraph may be held by City until such time as the delinquent obligations for which
funds are withheld are fulfilled by Subrecipient.
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SECTION 9. MONITORING
The City reserves the right to, from time to time, carry out field inspections to ensure compliance
with the requirements of this contract. Subrecipient shall attend a compliance meeting after the
award of funds and prior to the first draw. After each monitoring visit, City shall provide
Subrecipient with a written report of the monitor's findings. If the monitoring reports note
deficiencies in Subrecipient's performances under the terms of this contract,the monitoring
report shall include requirements for the timely correction of such deficiencies by Subrecipient.
Failure by Subrecipient to take action specified in the monitoring report may be cause for
suspension or termination of this contract, as provided in Sections 17 and 18 of this contract. The
city has adopted the following monitoring system:
1. Perform in house review of Subrecipient's reimbursement requests;
2. Provide each Subrecipient with information on financial management;
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, arising out of, or in connection with the services to be performed by
Subrecipient under this contract.
SECTION 11. SUBCONTRACTS
A. Except for subcontracts to which the federal labor standards requirements apply,
Subrecipient may not subcontract for performances described in this contract without
obtaining City's written approval. Subrecipient shall only subcontract for performances
described in this contract to which federal labor standards requirements apply after Subrecipient
has submitted a Subcontractor Eligibility Form, as specified by City, for each proposed
subcontract, and Subrecipient has obtained City's prior written approval, based on the
information submitted, of Subrecipient's intent to enter into such proposed subcontract.
Subrecipient, in subcontracting for any performances described in this contract, expressly
understands that in entering into such subcontracts, City is in no way liable to Subrecipient's
subcontractor(s).
B. In no event shall any provision of this Section 11, specifically the requirement that
Subrecipient obtain City's prior written approval of a subcontractor's eligibility, be
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construed as relieving Subrecipient of the responsibility for ensuring that the
performances rendered under all subcontracts are rendered so as to comply with all terms
of this contract, as if such performances rendered were rendered by Subrecipient. City's
approval under Section 11 does not constitute adoption, ratification, or acceptance of
Subrecipient's or subcontractor's performance hereunder. City maintains the right to insist
upon Contractor's full compliance with the terms of this contract, and by the act of
approval under Section 11, City does not waive any right of action which may exist or
which may subsequently accrue to City under this contract.
C. Subrecipient shall comply with all applicable federal, state, and local laws,
regulations, and ordinances for making procurement under this contract.
SECTION 12. CONFLICT OF INTEREST
No person who (1) is an employee, agent, consultant, officer or elected or appointed official of
the City of Port Arthur or any applicant that receives funds and who exercises or has exercised
any functions or responsibilities with respect to activities assisted with funds provided under this
contract or(2) who is in a position to participate in a decision making process or gain inside
information with regard to such activities may obtain a personal or financial interest or benefit
from a CDBG assisted activity, or have an interest in any contract, subcontract, or agreement(or
proceeds thereof) with respect to a CDBG assisted activity either for themselves or those with
whom they have family or business ties, during their tenure or for one year thereafter.
Subrecipient shall ensure compliance with applicable provisions under 24 CFR 85.36 and OMB
Circular A-110 and 2 CFR Part 200 in the procurement of property and services.
SECTION 13. NONDISCRIMINATION AND SECTARIAN ACTIVITY
A. Equal Opportunity. Subrecipient shall ensure that no person shall on the grounds of
race, color, religion, sex,handicap, familial status, or national origin be excluded from
participation in,be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds provided under this contract.
In addition, funds provided under this contract must be made available in accordance
with the requirements of Section 3 of the Housing and Urban Development Act of
1968 (12 U.S.C. 1701u)that:
1. To the greatest extent feasible, opportunities for training and employment arising
in connection with the planning and carrying out of any project assisted with
CDBG funds provided under this contract be given to low-income persons
residing within the City of Port Arthur; and
2. To the greatest extent feasible, contracts for work to be performed in connection
with any such project be awarded to business concerns, including, but not limited
to, individuals or firms doing business in the field of planning, consulting, design,
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architecture, building construction, rehabilitation, maintenance, or repair, which
are located in or owned in substantial part by persons residing in the City of Port
Arthur.
B. Religious Organizations. Funds provided under this contract may not be provided to
primarily religious organizations, such as churches, for any activity including secular
activities. In addition, funds provided under this contract may not be used to rehabilitate
or construct housing owned by primarily religious organizations or to assist primarily
religious organizations in acquiring housing. Funds provided under this contract may not
be used to rehabilitate or construct nonresidential buildings owned by primarily religious
organizations except as provided in Section 22 of this contract. Services provided and
funded under this contract must be for secular purposes and must be available to all
persons regardless of religion. There must be no religious or membership criteria for
either tenants or users of property or services as specified in 24 CFR 92.257 and 24 CFR
Part 570 and 2 CFR Part 200.
SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to enter
into this contract, receive funds authorized by this contract, and to perform the services
Subrecipient has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Subrecipient, or
representing themselves as signing and executing this contract on behalf of Subrecipient,
do hereby warrant and guarantee that he, she or they have been duly authorized by
Subrecipient to execute this contract on behalf of Subrecipient and to validly and legally
bind Subrecipient to all terms,performances, and provisions herein set forth.
C. Subrecipient shall not employ, award contract to, or fund any person that has been
debarred, suspended,proposed for debarment, or placed on ineligibility status by U.S.
Department of Housing and Urban Development. In addition, City shall have the right to
suspend or terminate this contract if Subrecipient is debarred,proposed for debarment, or
ineligible from participating in the CDBG Program.
SECTION 15. LITIGATION AND CLAIMS
Subrecipient shall give City immediate notice in writing of 1)any action, including any
proceeding before an administrative agency filed against Subrecipient in connection with this
contract; and 2) any claim against Subrecipient,the cost and expense of which Subrecipient may
be entitled to be reimbursed by City. Except as otherwise directed by City, Subrecipient shall
furnish immediately to City copies of all pertinent papers received by Subrecipient with respect
to such action or claim.
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SECTION 16. CHANGES AND AMENDMENTS
A. Except as specifically provided otherwise in this contract, any alterations, additions, or
deletions to the terms of this contract shall be by amendment hereto in writing and
executed by both parties to this contract.
B. It is understood and agreed by the parties hereto that performances under this contract
must be rendered in accordance with the Act,the regulations promulgated under the Act,
the assurances and certifications made to City by Subrecipient, and the assurances and
certifications made to the United States Department of Housing and Urban Development
by the City of Port Arthur with regard to the operation of the City's CDBG Program.
Based on these considerations, and in order to ensure the legal and effective performance
of this contract by both parties, it is agreed by the parties hereto that the performances
under this contract are by the provisions of the CDBG Program and any amendments
thereto and may further be amended in the following manner: City may from time to
time during the period of performance of this contract issue policy directives which serve
to establish, interpret, or clarify performance requirements under this contract. Such
policy directives shall be promulgated by the City Manager when authorized by the City
Council of Port Arthur in the form of CDBG issuances shall have the effect of qualifying
the terms of this contract and shall be binding upon Subrecipient, as if written herein,
provided however that said policy directives and any amendments to the City's CDBG
Program shall not alter the terms of this contract so as to release City of any obligation
specified in Section 4 of this contract to reimburse costs incurred by Subrecipient prior to
the effective date of said amendments or policy directives.
C. Any alterations, additions, or deletions to the terms of this contract which are required by
changes in Federal or state law or regulations are automatically incorporated into this
contract without written amendment hereto, and shall become effective on the date
designated by such law or regulation.
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.
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SECTION 18. TERMINATION
The City may terminate this contract in whole or in part, in accordance with 24 CFR 85.43 and
this Section. In the event Subrecipient materially fails as determined by City,to comply with
any term of this contract, whether stated in a Federal statute or regulation, an assurance, in a City
plan or application, a notice of award, or elsewhere, City may take one or more of the following
actions:
1. Temporarily withhold cash payments pending correction of the deficiency by
Subrecipient or take more severe enforcement action against Subrecipient.
2. Disallow all or part of the cost of the activity or action not in compliance.
3. Withhold further CDBG awards from Subrecipient.
3. Take other remedies that may be legally available as determined by the City,to
comply with the terms of this contract, City may terminate this contract for
convenience in accordance with 24 CFR 85.44. This contract may be terminated
at any time when both parties agree that the continuation of the performances
would not produce beneficial results commensurate with further expenditure of
funds. Termination shall occur 30 days after the parties agree to terminate. The
Subrecipient shall not incur any new obligations once an agreement to terminate
is reached and shall cancel all outstanding obligations. The Subrecipient will be
reimbursed for expenses incurred to the date of termination provided grant funds
are available.
SECTION 19. AUDIT
A. Unless otherwise directed by City, Subrecipient shall arrange for the performance of
an annual financial and compliance audit of funds received and performances rendered
under this contract, subject to the following conditions and limitations:
1. Subrecipient shall have an audit made in accordance with 24 CFR Part 44, or
OMB Circular A-133 and 2 CFR Part 200 for any of its fiscal years included
within the contract period specified in Section 2 of this contract in which the
Subrecipient receives more than $750,000 in Federal financial assistance
provided by a Federal agency in the form of grants, contracts, loans, loan
guarantees,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;
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2. At the option of Subrecipient, each audit required by this section may cover either
Subrecipient's entire operations or each department, agency, or establishment of
Subrecipient which received, expended, or otherwise administered federal funds;
3. Notwithstanding Section 4(a)(4) and Section 4(a)(5), Subrecipient shall utilize
funds budgeted under this contract to pay for that portion of the cost of such audit
services properly allocable to the activities funded by City under this contract,
provided however that City shall not make payment for the cost of such audit
services until City has received such audit report from Subrecipient;
4. Unless otherwise specifically authorized by City in writing, Subrecipient shall
submit the report of such audit to City within thirty (30) days after completion of
the audit,but no later than nine (9)months after the end of each fiscal period
included within the period of this contract. Audits performed under Subsection A
of this Section 19 are subject to review and resolution by City or its authorized
representative.
5. As a part of its audit, Subrecipient shall verify expenditures according to the
Budget attached as Exhibit B.
B. Notwithstanding Subsection A of this Section 19, City reserves the right to conduct an
annual financial and compliance audit of funds received and performances rendered
under this contract. Subrecipient agrees to permit City or its authorized representative to
audit Subrecipient's records and to obtain any documents,materials, or information
necessary to facilitate such audit.
C. Subrecipient understands and agrees that it shall be liable to City for any costs disallowed
pursuant to financial and compliance audit(s)of funds received under this contract.
Subrecipient further understands and agrees that reimbursement to City of such
disallowed costs shall be paid by Subrecipient from funds which were not provided or
otherwise made available to Subrecipient under this contract.
D. Subrecipient shall take all necessary actions to facilitate the performance of such audit or
audits conducted pursuant to this Section 19 as City may require of Subrecipient.
E. All approved CDBG audit reports shall be made available for public inspection within 30
days after completion of the audit.
F. Each Subrecipient is required to complete a form that states if the organization receives
$750,000 or more in Federal funding. The completed form will be placed in the
organization's CDBG file.
G. If the organization receives $750,000 or more in Federal funds, then the organization
must have a financial and compliance audit completed and submitted to the City within
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thirty (30) days after the completion of the audit,but no later than nine (9) months after
the end of each fiscal period included within the period of its CDBG contract.
H. If the organization receives less than $750,000 in Federal funds, then the City will require
a statement of Revenues, Expenditures, and change in Fund Balance report thirty (30)
days after the contract expiration date. The final payment of grant funds will be retained
until the statement of Revenues, Expenditures and change in Fund Balance is submitted
to the Grants Management's Office. If the organization has a routine audit done
annually,then the City would request a copy of the audit.
All audits will be received by the City's finance department.
J. The City will keep an audit tracking log that states such information as when each
Subrecipient's fiscal year ends,the audit due date, and the date the City received a copy
of the audit.
SECTION 20. ENVIRONMENTAL CLEARANCE REQUIREMENTS
A. Subrecipient understands and agrees that by execution of this contract Subrecipient shall
be responsible for providing to City all information, concerning this CDBG funded
project, required for City to meet its responsibilities for environmental review, decision
making, and other action which applies to City in accordance with and to the extent
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient further
understands and agrees that Subrecipient shall make all reasonable efforts to assist City in
handling inquiries and complaints from persons and agencies seeking redress in relation
to environmental reviews covered by approved certifications.
SECTION 21. LABOR STANDARDS
A. Davis-Bacon Wage Rates. All laborers and mechanics employed in the rehabilitation of a
project assisted under this contract shall be paid wages at rates not less than those
prevailing on similar rehabilitation in this locality, if such a rate category exists, or the
appropriate rate as determined by the Secretary of Labor in accordance with the
Davis-Bacon Act(40 U.S.C. 276a-5), and contracts involving their employment shall be
subject to the provisions, as applicable, of the Contract Work Hours and Safety Standards
Act(40 U.S.C. 327-333). Construction contractors and subcontractors must comply with
regulations issued under these Acts and with other federal laws and regulations pertaining
to labor standards and HUD Handbook 1334.1 (Federal Labor Standards Compliance in
Housing and Community Development Programs), as applicable.
B. Copeland Anti-Kickback Act. Subrecipient shall comply with all applicable regulations
of the Secretary of Labor, United States Department of Labor,made pursuant to the
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so-called "Copeland Anti-Kickback Act" of June 13, 1934, (48 Stat. 948: 62 Stat. 862;
Title U.S.C., Section 874; and Title 40 U.S.C., Section 276 C), and any amendments or
modifications thereof, and shall cause appropriate provisions to be inserted in any
contracts or subcontracts pursuant to the performances under this contract to ensure
compliance therewith by all contractors and subcontractors thereto.
SECTION 22. SPECIAL CONDITIONS
A. City shall not release any funds for costs incurred by Subrecipient under this contract
until City has received certification from subrecipient that its fiscal control and fund
accounting procedures are adequate to assure proper disbursal of and accounting for
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, all equipment that was purchased with CDBG funds, and all
accounts receivable attributable to the use of funds received under this contract shall
revert to the City. Subrecipient shall return these assets to the City within seven(7)
business days after the date of termination.
D. Displacement, Relocation, and Acquisition. Subrecipient must ensure that it will not
displace persons (families,business and non-profit organizations) as a result of a project
assisted with funds provided under this contract.
SECTION 23. ORAL AND WRITTEN CONTRACTS
A. All oral and written contracts between the parties to this contract relating to the subject
matter of this contract that were made prior to the execution of this contract have been
reduced to writing and are contained in this contract.
B. The attachments enumerated and denominated below are hereby made a part of this
contract, and constitute promised performances by Subrecipient in accordance with
Section 3 of this contract:
1. Exhibit A, Performance Statement
2. Exhibit B, Budget
3. Exhibit C, Project Implementation Schedule
4. Exhibit D, Applicable Laws and Regulations
5. Exhibit E, Certifications
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SECTION 24. VENUE
For purposes of litigation pursuant to this contract, venue shall lie in Jefferson County, Texas.
SECTION 25. ADDRESS OF NOTICE AND COMMUNICATIONS
City of Port Arthur Tender Loving Care Center for Children dba
Mary E. Essex, Grants Program Adm. Legacy Community Development Corporation
444 4th Street Vivian L. Ballou, Executive Director
Port Arthur, Texas 77640 3025 Plaza Circle
Port Arthur, TX 77642
SECTION 26. CAPTIONS
Each paragraph of this contract has been supplied with a caption to serve only as a guide to
contents. The caption does not control the meaning of any paragraph or in any way determine its
interpretation or application.
SECTION 27. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Subrecipient shall comply with all Federal, State and local laws, statutes, ordinances, rules,
regulations, orders and decrees of any court or administrative body or tribunal related to the
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
SECTION 28. EQUIPMENT
Equipment shall be used by the subgrantee in the program or project for which it was acquired as
long as needed, whether or not the project or program continues to be supported by Federal
funds. When no longer needed for the original program or project, the equipment may be used in
other activities currently or previously supported by a Federal agency.
Property records must be maintained that include a description of the property, a serial number or
other identification number,the source of property, who holds title,the acquisition date, and cost
of the property,percentage of Federal participation in the cost of the property, the location,use
and condition of the property, and any ultimate disposition data including the date of disposal
and sale price of the property.
A control system must be developed to ensure adequate safeguards to prevent loss, damage, or
theft of the property. Any loss, damage, or theft shall be investigated.
Adequate maintenance procedures must be developed to keep the property in good condition.
When the equipment is no longer needed, the subgrantee will request disposition instruction from
the City of Port Arthur.
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r
APPROVED IN FORM:
Val Tizeno
City Attorney
CITY OF PORT ARTHUR
Ron Burton
City Manager
ATTEST:
Tender Loving Care Center for Children dba
Legacy Community Development Center
Sherri Bellard Vivian Ballou, Director
City Secretary
Date
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EXHIBIT A
Performance Statement
Legacy Community Development Corporation
Subrecipient shall carry out the following activities identified in its 2023 CDBG Application:
Tender Loving Care Center for Children dba Legacy Community Development Corporation shall
conduct homebuyer's education classes to assist low to moderate-income families with
homeownership.
Grant funds will be used to pay tuition expenses for eligible families at the rate of$100 per
person and operating costs such as rent, counselor salary, insurance, utilities (electric, water, gas,
internet, and telephone) copier fees, office supplies, equipment, and travel/training. CDBG will
only pay the current monthly charges for the utilities and other operating expenses. CDBG will
not pay late fees or unpaid charges from previous months. Receipts and copies of canceled
checks must be attached to a reimbursement statement.
Each recipient in the Homebuyer's education class must satisfy income requirements as defined
by the Department of Housing and Urban Development.
Grant funds will reimburse tuition at the rate of$100 per person for approximately 13 persons to
attend homebuyer's education courses.
Subrecipient shall utilize Ten-Thousand and No/100 Dollars ($10,000.00) of contract funds to
complete its activities.
Administration
Subrecipient shall utilize its own funds to carry out all project administration activities, including
the cost associated with the required annual program compliance and fiscal audit. It
is further understood that any costs above this contract amount incurred by the Subrecipient for
these activities shall be paid for with private or other funds.
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LOW INCOME STATUS
Low-income status shall be the basis for CDBG assistance to children participating in the
Subrecipient's program and said low income shall be determined by establishing the Gross
Family Income of each assisted child's household. Said income status is defined by the U.S.
Department of Housing and Urban Development.
Income, for the purpose of this contract, is defined as the income of the assisted child's parent's
or parent, legal guardian, and any other persons related by blood,marriage, or operation of law
who share the same dwelling unit. Gross Family Income shall be calculated by including the
total family income from all sources before taxes, including the income of the parents
participating in the program but excluding other household members who are minors (under 18
years of age) or full-time students.
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EXHIBIT B
Budget
Legacy Community Development Corporation
Activity Contract Other TOTAL
Funds Funds FUNDS
1. Operating Expenses
Housing Counseling Classes $10,000.00 $0.00 $10,000.00
Total Budget $10,000.00 $0.00 $10,000.00
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EXHIBIT C
Project Implementation Schedule
Legacy Community Development Corporation
CONTRACT START DATE: CONTRACT ENDING DATE:
September 27, 2023 September 26, 2024
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EXHIBIT D
The Applicable Laws and Regulations
Subrecipient shall comply with all federal, state, and local laws and regulations applicable to the
activities and performances rendered by Subrecipient under this contract including, but not
limited to,the laws and regulations specified in Section I through IV of this Exhibit D.
I. 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.
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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.
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EXHIBIT E
Certification Regarding Lobbying for
Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies,to the best of his knowledge and belief,that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of congress, an officer or employee
of congress, or an employee of a member of congress in connection with the
awarding of any federal contract,the making of any federal grant,the making of
any federal loan,the entering into of any cooperative agreement, or modification
of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a member of congress, an officer or employee of congress, or an
employee of a member of congress in connection with this federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
standard form-LLL, "Disclosure Form to Report Lobbying", in accordance with
its instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers(including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
This certification is material representation of fact which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than$100,000 for each such failure.
Signed:
Vivian Ballou, Director
Tender Loving Care dba Legacy Community Dev. Corp.
Date
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Exhibit #4
(Contract for Non-Profit Subrecipient-Nutrition and Services for Seniors)
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 are made and entered into by and between the City of Port Arthur,
Texas (hereinafter called the "City")acting herein by its City Manager, duly authorized by
Resolution of the City Council of the City of Port Arthur and the Nutrition& Services for
Seniors, Jefferson County, Texas (hereinafter called "Subrecipient") acting herein by its
Executive Director, duly authorized by its Board of Directors. The parties hereto agree, by the
execution hereof,that they are bound to the mutual obligations and to the performance and
accomplishment of the tasks described herein.
WITNESSETH THAT:
WHEREAS,the Subrecipient operates as a Texas nonprofit corporation that
promotes better health and dignity among the older segment of the population through improved
nutrition,medical and social transportation, and Home Health Care; and,
WHEREAS, the U. S. Department of Housing and Urban Development(HUD)
has awarded funding to the City in the amount of$1,042,808 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant"); and,
WHEREAS,by the adoption of Resolution 23-206 (authorizing submission of the
2023 Annual Consolidated Plan)the City has obligated itself to provide financial assistance to
the Nutrition& Services for Seniors through a contract with the Subrecipient; and,
WHEREAS, under the terms of the grant the City must ensure that all applicable
federal requirements are met concerning the disbursement of funds to the Subrecipient; and,
WHEREAS,projects undertaken by the Subrecipient pursuant to this contract
must principally 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;
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Now, Therefore, The Parties hereto do mutually agree as follows:
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on September 27,2023, and shall terminate on
September 26,2024, unless otherwise specifically provided by the terms of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
The Subrecipient shall use Community Development Block Grant Funds (CDBG)to reimburse
Nutrition and Services for Seniors at a rate of$6.85 per meal delivered to homebound senior
citizens. Approximately 2,020 meals will be served.
For over 20 years Nutrition& Services for seniors has been the focal point for seniors in
Jefferson and Hardin counties. By providing congregate meals, home-delivered meals,
transportation, and information and referral seniors are able to remain independent in their own
homes. The Subrecipient shall perform all activities in accordance with the terms of the
Performance Statement, hereinafter called Exhibit A; the Budget, hereinafter called Exhibit B;
the Project Implementation Schedule,hereinafter called Exhibit C;the Applicable Laws and
Regulations, hereinafter called Exhibit D; the Certifications,hereinafter called Exhibit E;the
assurances, certifications, and all other statements made by the Subrecipient in its application for
the project funded under this contract; and with all other terms,provisions, and requirements set
forth in this contract. It shall be Subrecipient's responsibility to furnish its own accounting
services including clerical, statistical, bookkeeping for expenditures made by Subrecipient in
performance of the obligations herein.
SECTION 4. CITY'S OBLIGATIONS
A. Measure of Liability
In consideration of full and satisfactory performance of the activities referred to in
Section 3 of this contract, City shall be liable for actual and reasonable costs
incurred by the Subrecipient during the contract period for performances rendered
under this contract by Subrecipient, subject to the limitations set forth in this Section 4.
1. It is expressly understood and agreed by the parties hereto that City's obligations under
this Section 4 are contingent upon the actual receipt of adequate federal funds to meet
City's liabilities under this contract. If adequate funds are not available to make
payments under this contract, City shall notify Subrecipient in writing within a
reasonable time after such fact is determined. City shall then terminate this contract and
will not be liable for failure to make payments to Subrecipient under this contract.
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2. City shall not be liable to Subrecipient for any costs incurred by Subrecipient, or
any portion thereof, which has been paid to Subrecipient or is subject to payment
to Subrecipient, or has been reimbursed to Subrecipient or is subject to
reimbursement to Subrecipient by any source other than City or Subrecipient.
3. City shall not be liable to Subrecipient for any costs incurred by Subrecipient or
for any performances rendered by Subrecipient which are not allowable costs as
set forth in Section 6C of this contract. City assumes no responsibility to
reimburse Subrecipient for any unauthorized expense incurred nor shall
Subrecipient create any deficit in the name of City nor shall Subrecipient assign
any payment due from City to any other party.
4. City shall only disburse funds to Subrecipient upon receipt of invoices from
suppliers or contractors, copies of cancelled checks (if available), 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 are not strictly in accordance
with the terms of this contract, including the terms of Exhibit A, Exhibit B,
Exhibit C, Exhibit D, and Exhibit E of this Contract.
6. City shall not be liable for costs incurred or performances rendered by
Subrecipient before commencement of this contract or after termination of this
contract.
B. Limit of Liability
Notwithstanding any other provision under this contract,the total of all payments and
other obligations incurred by City under this contract shall not exceed the sum of
Eighteen-Thousand and No/100 Dollar($18,000.00).
SECTION 5. DISBURSEMENT OF FUNDS
A. City will reimburse only for delivery of meals on wheels to homebound seniors in
accordance with the requirement of 24 CFR 570 and 2 CFR Part 200. Subrecipient may
not request disbursement of funds under this contract until the funds are needed for
payment of eligible costs. The amount of each request must be limited to the amount
needed.
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
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obligations under this contract. City reserves the right to recapture funds provided under
this contract in the event that Subrecipient has been unable to commit funds before the
end of this contract period.
C. It is expressly understood and agreed by the parties hereto that any right or remedy
provided for in this Section 5 or in any other provision of this contract shall not preclude
the exercise of any other right or remedy under this contract or under any provision of
law,nor shall any action taken in the exercise of any right or remedy be deemed a waiver
of any other rights or remedies. Failure to exercise any right or remedy hereunder shall
not constitute a waiver of the right to exercise that or any other right or remedy at any
time.
SECTION 6. UNIFORM ADMINISTRATIVE REQUIREMENTS,
COST PRINCIPLES, AND PROGRAM INCOME
A. Subrecipient shall maintain records of the receipt, accrual, and disposition of all program
income in the same manner as required for all other funds under this contract.
Subrecipient shall provide reports of program income as requested by City and at the
termination of this contract.
B. Subrecipient shall return to City,upon termination of this contract, any unused funds and
any income derived specifically from the use of Community Development Block Grant
(CDBG) funds by Subrecipient. Income to Subrecipient, which is generated as a result of
Subrecipient's use of grant funds, shall be considered program income of City's regular
CDBG Program and must be returned to City.
C. As a non-profit organization, Subrecipient must comply with applicable regulations under
OMB Circular Numbers A-110 and A-122 pursuant to 24 CFR Part 570 and
2 CFR Part 200.
SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS
A. Subrecipient must establish and maintain sufficient records, as determined by City,to
account for the expenditure and use of CDBG funds.
B. Subrecipient shall give the City,the Comptroller of the United States, or any of their duly
authorized representatives, access to and the right to examine all books accounts,records,
reports, files and other papers,things or property belonging to or in use by Subrecipient
pertaining to this contract. Such rights to access shall continue as long as Subrecipient
retains the records. Subrecipient agrees to maintain such records in an accessible
location.
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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:
1. 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 and race of the
persons served. The report will be due on the 15th of every month unless provided on the
reimbursement statement. Subrecipient shall provide City with all reports necessary for
City's compliance with 24 CFR Part 570 and 2 CFR Part 200.
B. In addition to the limitations on liability otherwise specified in this contract, it is
expressly understood and agreed by the parties hereto that if Subrecipient fails to submit
to City in a timely and satisfactory manner any report required by this contract, City may,
at its sole discretion, withhold any or all payments otherwise due or requested by
Subrecipient hereunder. If City withholds such payments, it shall notify Subrecipient in
writing of its decision and the reasons therefore. Payments withheld pursuant to this
paragraph may be held by City until such time as the delinquent obligations for which
funds are withheld are fulfilled by Subrecipient.
SECTION 9. MONITORING
The City reserves the rights to, from time to time, carry out field inspections to ensure
compliance with the requirements of this contract. Subrecipient shall attend a compliance
meeting after the award of funds and prior to the first draw. After each monitoring visit, City
shall provide Subrecipient with a written report of the monitor's findings. If the monitoring
reports note deficiencies in Subrecipient's performances under the terms of this contract,the
monitoring report shall include requirements for the timely correction of such deficiencies by
Subrecipient. Failure by Subrecipient to take action specified in the monitoring report may be
cause for suspension or termination of this contract, as provided in Sections 17 and 18 of this
contract. The city has adopted the following monitoring system:
1. Perform in house review of Subrecipient's reimbursement requests;
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2. Provide each Subrecipient with information on financial management;
3. Provide each Subrecipient with a copy of the monitoring guideline
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is contracting with
Subrecipient as an Independent Contractor, and that Subrecipient, as such, agrees to hold City
harmless and to indemnify City from and against any and all claims, demands, and causes of
action of every kind and character which may be asserted by any third party occurring or in any
way incident to, arising out of, or in connection with the services to be performed by
Subrecipient under this contract.
SECTION 11. SUBCONTRACTS
A. Except for subcontracts to which the federal labor standards requirements apply,
Subrecipient may not subcontract for performances described in this contract without
obtaining City's written approval. Subrecipient shall only subcontract for performances
described in this contract to which federal labor standards requirements apply after
Subrecipient has submitted a Subcontractor Eligibility Form, as specified by City, for
each proposed subcontract, and Subrecipient has obtained City's prior written approval,
based on the information submitted, of Subrecipient's intent to enter into such proposed
subcontract. Subrecipient, in subcontracting for any performances described in this
contract, expressly understands that in entering into such subcontracts, City is in no way
liable to Subrecipient's subcontractor(s).
B. In no event shall any provision of this Section 11, specifically the requirement that
Subrecipient obtain City's prior written approval of a subcontractor's eligibility,be
construed as relieving Subrecipient of the responsibility for ensuring that the
performances rendered under all subcontracts are rendered so as to comply with all terms
of this contract, as if such performances rendered were rendered by Subrecipient. City's
approval under Section 11 does not constitute adoption,ratification, or acceptance of
Subrecipient's or subcontractor's performance hereunder. City maintains the right to
insist upon Contractor's full compliance with the terms of this contract, and by the act of
approval under Section 11, City does not waive any right of action which may exist or
which may subsequently accrue to City under this contract.
C. Subrecipient shall comply with all applicable federal, state, and local laws, regulations,
and ordinances for making procurement under this contract.
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SECTION 12. CONFLICT OF INTEREST
No person who (1)is an employee, agent, consultant, officer or elected or appointed official of
the City of Port Arthur or any applicant that receives funds and who exercises or has exercised
any functions or responsibilities with respect to activities assisted with funds provided under this
contract or(2) who is in a position to participate in a decision making process or gain inside
information with regard to such activities may obtain a personal or financial interest or benefit
from a CDBG assisted activity, or have an interest in any contract, subcontract, or agreement(or
proceeds thereof)with respect to a CDBG assisted activity either for themselves or those with
whom they have family or business ties, during their tenure or for one year thereafter.
Subrecipient shall ensure compliance with applicable provisions under 24 CFR 85.36 and OMB
Circular A-110 and 2 CFR Part 200 in the procurement of property and services.
SECTION 13. NONDISCRIMINATION AND SECTARIAN ACTIVITY
A. Equal Opportunity. Subrecipient shall ensure that no person shall on the grounds of
race, color, religion, sex, handicap, familial status, or national origin be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds provided under this contract. In
addition, funds provided under this contract must be made available in accordance with
the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701u)that:
1. To the greatest extent feasible, opportunities for training and employment arising
in connection with the planning and carrying out of any project assisted with
CDBG funds provided under this contract be given to low-income persons
residing within the City of Port Arthur; and
2. To the greatest extent feasible, contracts for work to be performed in connection
with any such project be awarded to business concerns, including, but not limited
to, individuals or firms doing business in the field of planning, consulting, design,
architecture, building construction,rehabilitation, maintenance, or repair, which
are located in or owned in substantial part by persons residing in the City of Port
Arthur.
B. Religious Organizations. Funds provided under this contract may not be provided to
primarily religious organizations, such as churches, for any activity including secular
activities. In addition, funds provided under this contract may not be used to rehabilitate
or construct housing owned by primarily religious organizations or to assist primarily
religious organizations in acquiring housing. Funds provided under this contract may not
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
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persons regardless of religion. There must be no religious or membership criteria for
either tenants or users of property or services as specified in 24 CFR 92.257 and 24 CFR
Part 570 and 2 CFR Part 200.
SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to enter
into this contract, receive funds authorized by this contract, and to perform the services
Subrecipient has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Subrecipient, or
representing themselves as signing and executing this contract on behalf of Subrecipient,
do hereby warrant and guarantee that he, she or they have been duly authorized by
Subrecipient to execute this contract on behalf of Subrecipient and to validly and legally
bind Subrecipient to all terms,performances, and provisions herein set forth.
C. Subrecipient shall not employ, award contract to, or fund any person that has been
debarred, suspended,proposed for debarment, or placed on ineligibility status by U.S.
Department of Housing and Urban Development. In addition, City shall have the right to
suspend or terminate this contract if Subrecipient is debarred, proposed for debarment, or
ineligible from participating in the CDBG Program.
SECTION 15. LITIGATION AND CLAIMS
Subrecipient shall give City immediate notice in writing of 1)any action, including any
proceeding before an administrative agency filed against Subrecipient in connection with this
contract; and 2)any claim against Subrecipient,the cost and expense of which Subrecipient may
be entitled to be reimbursed by City. Except as otherwise directed by City, Subrecipient shall
furnish immediately to City copies of all pertinent papers received by Subrecipient with respect
to such action or claim.
SECTION 16. CHANGES AND AMENDMENTS
A. Except as specifically provided otherwise in this contract, any alterations, additions, or
deletions to the terms of this contract shall be by amendment hereto in writing and
executed by both parties to this contract.
B. It is understood and agreed by the parties hereto that performances under this contract
must be rendered in accordance with the Act, the regulations promulgated under the Act,
the assurances and certifications made to City by Subrecipient, and the assurances and
certifications made to the United States Department of Housing and Urban Development
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by the City of Port Arthur with regard to the operation of the City's CDBG Program.
Based on these considerations, and in order to ensure the legal and effective performance
of this contract by both parties, it is agreed by the parties hereto that the performances
under this contract are by the provisions of the CDBG Program and any amendments
thereto and may further be amended in the following manner: City may from time to time
during the period of performance of this contract issue policy directives which serve to
establish, interpret, or clarify performance requirements under this contract. Such policy
directives shall be promulgated by the City Manager when authorized by the City
Council of Port Arthur in the form of CDBG issuances shall have the effect of qualifying
the terms of this contract and shall be binding upon Subrecipient, as if written herein,
provided however that said policy directives and any amendments to the City's CDBG
Program shall not alter the terms of this contract so as to release City of any obligation
specified in Section 4 of this contract to reimburse costs incurred by Subrecipient prior to
the effective date of said amendments or policy directives.
C. Any alterations, additions, or deletions to the terms of this contract which are required by
changes in Federal or state law or regulations are automatically incorporated into this
contract without written amendment hereto, and shall become effective on the date
designated by such law or regulation.
SECTION 17. SUSPENSION
In the event Subrecipient fails to comply with any terms of this contract, City may, upon written
notification to Subrecipient, suspend this contract in whole or in part and withhold further
payments to Subrecipient, and prohibit Subrecipient from incurring additional obligations of
funds under this contract.
SECTION 18. TERMINATION
The City may terminate this contract in whole or in part, in accordance with 24 CFR 85.43 and
this Section. In the event Subrecipient materially fails as determined by City,to comply with
any term of this contract, whether stated in a Federal statute or regulation, an assurance, in a City
plan or application, a notice of award, or elsewhere, City may take one or more of the following
actions:
1. Temporarily withhold cash payments pending correction of the deficiency by
Subrecipient or take more severe enforcement action against Subrecipient.
2. Disallow all or part of the cost of the activity or action not in compliance.
3. Withhold further CDBG awards from Subrecipient.
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4. Take other remedies that may be legally available as determined by the City,to
comply with the terms of this contract, City may terminate this contract for
convenience in accordance with 24 CFR 85.44. This contract may be terminated
at any time when both parties agree that the continuation of the performances
would not produce beneficial results commensurate with further expenditure of
funds. Termination shall occur 30 days after the parties agree to terminate. The
Subrecipient shall not incur any new obligations once an agreement to terminate
is reached and shall cancel all outstanding obligations. The Subrecipient will be
reimbursed for expenses incurred to the date of termination provided grant funds
are available.
SECTION 19. AUDIT
A. Unless otherwise directed by City, Subrecipient shall arrange for the performance of an
annual financial and compliance audit of funds received and performances rendered
under this contract, subject to the following conditions and limitations:
1. Subrecipient shall have an audit made in accordance with 24 CFR Part 44, or
OMB Circular A-110 and 2 CFR Part 200 for any of its fiscal years included
within the contract period specified in Section 2 of this contract in which the
Subrecipient receives more than $750,000 in Federal financial assistance
provided by a Federal agency in the form of grants, contracts, loans, loan
guarantees,property, cooperative agreements, interest subsidies, insurance or
direct appropriations, but does not include direct federal cash assistance to
individuals. The term includes awards of Federal financial assistance received
directly from federal agencies, or indirectly through other units of State and local
government;
2. At the option of Subrecipient, each audit required by this section may cover either
Subrecipient's entire operations or each department, agency, or establishment of
Subrecipient, which received, expended, or otherwise administered federal funds;
3. Notwithstanding Section 4(a)(4) and Section 4(a)(5), Subrecipient shall utilize
funds budgeted under this contract to pay for that portion of the cost of such audit
services properly allocable to the activities funded by City under this contract,
provided however that City shall not make payment for the cost of such audit
services until City has received such audit report from Subrecipient;
4. Unless otherwise specifically authorized by City in writing, Subrecipient shall
submit the report of such audit to City within thirty (30) days after completion of
the audit, but no later than nine (9)months after the end of each fiscal period
included within the period of this contract. Audits performed under Subsection A
of this Section 19 are subject to review and resolution by City or its authorized
representative.
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5. As a part of its audit, Subrecipient shall verify expenditures according to the
Budget attached as Exhibit B.
B. Notwithstanding Subsection A of this Section 19, City reserves the right to conduct an
annual financial and compliance audit of funds received and performances rendered
under this contract. Subrecipient agrees to permit City or its authorized representative to
audit Subrecipient's records and to obtain any documents, materials, or information
necessary to facilitate such audit.
C. Subrecipient understands and agrees that it shall be liable to City for any costs disallowed
pursuant to financial and compliance audit(s) of funds received under this contract.
Subrecipient further understands and agrees that reimbursement to City of such
disallowed costs shall be paid by Subrecipient from funds, which were not provided or
otherwise made available to Subrecipient under this contract.
D. Subrecipient shall take all necessary actions to facilitate the performance of such audit or
audits conducted pursuant to this Section 19 as City may require of Subrecipient.
E. All approved CDBG audit reports shall be made available for public inspection within 30
days after completion of the audit.
F. Each Subrecipient is required to complete a form that states if the organization receives
$750,000 or more in Federal funding. The completed form will be placed in the
organization's CDBG file.
G. If the organization receives $750,000 or more in Federal funds, then the organization
must have a financial and compliance audit completed and submitted to the City within
thirty(30) days after the completion of the audit, but no later than nine (9) months after
the end of each fiscal period included within the period of its CDBG contract.
H. If the organization receives less than$750,000 in Federal funds, then the City will require
a statement of Revenues, Expenditures and change in Fund Balance report thirty (30)
days after the contract expiration date. Final payment of grant funds will be retained until
the statement of Revenues, Expenditures and change in Fund Balance is submitted to the
Grants Management's Office. If the organization has a routine audit done annually,then
the City would request a copy of the audit.
I. All audits will be received by the City's financial department.
J. The City will keep an audit-tracking log that states such information as when each
Subrecipient's fiscal year ends, the audit due date, and the date the City received a copy
of the audit.
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SECTION 20. ENVIRONMENTAL CLEARANCE REQUIREMENTS
A. Subrecipient understands and agrees that by execution of this contract Subrecipient shall
be responsible for providing to City all information, concerning this CDBG funded
project,required for City to meet its responsibilities for environmental review, decision
making, and other action which applies to City in accordance with and to the extent
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient further
understands and agrees that Subrecipient shall make all reasonable efforts to assist City in
handling inquiries and complaints from persons and agencies seeking redress in relation
to environmental reviews covered by approved certifications.
SECTION 21. LABOR STANDARDS
A. Davis-Bacon Wage Rates. All laborers and mechanics employed in the rehabilitation of a
project assisted under this contract shall be paid wages at rates not less than those
prevailing on similar rehabilitation in this locality, if such a rate category exists, or the
appropriate rate as determined by the Secretary of Labor in accordance with the
Davis-Bacon Act(40 U.S.C. 276a-5), and contracts involving their employment shall be
subject to the provisions,as applicable, of the Contract Work Hours and Safety Standards
Act(40 U.S.C. 327-333). Construction contractors and subcontractors,must comply with
regulations issued under these Acts and with other federal laws and regulations pertaining
to labor standards and HUD Handbook 1334.1 (Federal Labor Standards Compliance in
Housing and Community Development Programs), as applicable.
B. Copeland Anti-Kickback Act. Subrecipient shall comply with all applicable
regulations of the Secretary of Labor,United States Department of Labor, made pursuant
to the so-called "Copeland Anti-Kickback Act" of June 13, 1934, (48 Stat. 948: 62 Stat.
862; Title U.S.C., Section 874; and Title 40 U.S.C., Section 276 C), and any amendments
or modifications thereof, and shall cause appropriate provisions to be inserted in any
contracts or subcontracts pursuant to the performances under this contract to ensure
compliance therewith by all contractors and subcontractors thereto.
SECTION 22. SPECIAL CONDITIONS
A. City shall not release any funds for costs incurred by Subrecipient under this contract
until City has received certification from Subrecipient that its fiscal control and fund
accounting procedures are adequate to assure proper disbursal of and accounting for
funds provided under this contract. City shall specify the content and form of such
certification.
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B. Repayment. Subrecipient agrees that all repayments, including all interest and other
return on the investment of CDBG funds will be made to City. City reserves the rights to
permit Subrecipient to retain interest or return on investment of CDBG funds for
additional eligible activities by the Subrecipient.
C. Reversion of Assets. Upon termination of this Contract, all equipment that was
purchased with grant funds, funds remaining on hand on the date of termination, and all
accounts receivable attributable to the use of funds received under this contract shall
revert to City. Subrecipient shall return these assets to City within seven(7)business
days after the date of termination.
D. Displacement, Relocation, and Acquisition. Subrecipient must ensure that it will not
displace persons (families, business and non-profit organizations) as a result of a project
assisted with funds provided under this contract.
SECTION 23. ORAL AND WRITTEN CONTRACTS
A. All oral and written contracts between the parties to this contract relating to the subject
matter of this contract that were made prior to the execution of this contract have been
reduced to writing and are contained in this contract.
B. The attachments enumerated and denominated below are hereby made a part of this
contract, and constitute promised performances by Subrecipient in accordance with
Section 3 of this contract:
1. Exhibit A, Performance Statement
2. Exhibit B, Budget
3. Exhibit C, Project Implementation Schedule
4. Exhibit D,Applicable Laws and Regulations
5. Exhibit E, Certifications
SECTION 24. VENUE
For purposes of litigation pursuant to this contract, venue shall lie in Jefferson County, Texas.
SECTION 25. ADDRESS OF NOTICE AND COMMUNICATIONS
City of Port Arthur Nutrition& Services for Seniors
Mary E.Essex, Grants Program Administrator Janci Kimball
444 4th Street 4590 Concord Road
Port Arthur, Texas 77640 Beaumont, Texas 77703
SECTION 26. CAPTIONS
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Each paragraph of this contract has been supplied with a caption to serve only as a guide to
contents. The caption does not control the meaning of any paragraph or in any way determine its
interpretation or application.
SECTION 27. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Subrecipient shall comply with all Federal, State and local laws, statutes, ordinances, rules,
regulations, orders and decrees of any court or administrative body or tribunal related to the
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
SECTION 28. EQUIPMENT
Equipment shall be used by the subgrantee in the program or project for which it was acquired as
long as needed, whether or not the project or program continues to be supported by Federal
funds. When no longer needed for the original program or project,the equipment may be used in
other activities currently or previously supported by a Federal agency.
Property records must be maintained that include a description of the property, a serial number or
other identification number, the source of property, who holds title,the acquisition date, and cost
of the property, percentage of Federal participation in the cost of the property,the location, use
and condition of the property, and any ultimate disposition data including the date of disposal
and sale price of the property.
A control system must be developed to ensure adequate safeguards to prevent loss, damage, or
theft of the property. Any loss, damage, or theft shall be investigated.
Adequate maintenance procedures must be developed to keep the property in good condition.
When the equipment is no longer needed,the subgrantee will request disposition instruction from
the City of Port Arthur.
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APPROVED AS TO FORM:
Val Tizeno
City Attorney
CITY OF PORT ARTHUR
Ron Burton
City Manager
ATTEST:
Nutrition& Services for Seniors
Sherri Bellard Janci Kimball. President
City Secretary
Date
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EXHIBIT A
Performance Statement
Nutrition& Services for Seniors
Subrecipient shall carry out the following activities identified in its 2023 CDBG Application:
The Subrecipient shall use Community Development Block Grant Funds (CDBG)to reimburse
Nutrition and Services for Seniors at a rate of$6.85 per meal delivered to homebound senior
citizens.
For over 20 years Nutrition& Services for seniors has been the focal point for seniors in
Jefferson and Hardin County. By providing congregate meals,home-delivered meals,
transportation and information, and referral, seniors are able to remain independent in their own
homes.
Funds shall be disbursed to Subrecipient on a periodic basis. Said periodic disbursements shall
be based upon the Subrecipient's disbursement request. Subrecipient shall be paid solely from
Community Development Block Grant Funds. Subrecipient shall utilize Eighteen-Thousand
Dollars and No/100 ($18,000.00)of contract funds to complete these activities.
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EXHIBIT B
Budget
Nutrition & Services for Seniors
Activity Contract Other TOTAL
Funds Funds FUNDS
1. Meals on Wheel $18,000.00 $0.00 $18.000.00
TOTAL FUNDS $18,000.00 $0.00 $18,000.00
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EXHIBIT C
Project Implementation Schedule
Nutrition & Services for Seniors
CONTRACT START DATE: CONTRACT ENDING DATE:
September 27,2023 September 26,2024
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wir
EXHIBIT D
The Applicable Laws and Regulations
Subrecipient shall comply with all federal, state, and local laws and regulations applicable to the
activities and performances rendered by Subrecipient under this contract including, but not
limited to,the laws and regulations specified in Section I through IV of this Exhibit D.
CIVIL RIGHTS
The Fair Housing Act(42 U.S.C. 3601-20)and implementing regulations at 24 CFR part
10; Executive Order 11063, as amended by Executive Order 11063, as amended by
Executive Order 12259 (3 CFR, 1958-1963 Comp., 652 and 3 CFR, 1980 Comp.,p.
307)(Equal Opportunity in Housing and implementing regulations at 24 CFR, Part 107;
and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination on
Federally Assisted Programs)and implementing regulations issued at 24 CFR, Part 1;
Executive Order 11063, as amended by Executive Order 12259, and 24 CFR part 107,
"Nondiscrimination and Equal Opportunity in Housing under Executive order 11063 or
24 CFR, Part 107 shall be a proper basis for the imposition of sanctions specified in 24
CFR 107.60;
The prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975 (42 U.S.C. 6101-07)and implementing regulations at 24 CFR, Part 146, and
the prohibitions against discrimination against handicapped individuals under Section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)and implementing regulations at
24 CFR, Part 8;
The requirements of Executive Orders 1246 (3 CFR 1964-65, Comp.,p. 339) (Equal
Employment Opportunity)and the implementing regulations issued at 4I CFR, Chapter
60.
The requirements of Executive Orders 11625 and 12432 (concerning Minority Business
Enterprise), and 12138 (concerning Women's Business Enterprise). Consistent with
HUD's responsibilities under these Orders, each applicant must make efforts to encourage
the use of minority and women's business enterprises in connection with HOME funded
activities. Each Contractor must prescribe procedures acceptable to the City to establish
activities to ensure the inclusion,to the maximum extent possible, of minorities and
women, and entities owned by minorities and women. The Contractor/Subcontractor will
be required to identify contracts which have been bid by minority owned,women owned,
and/or small disadvantaged businesses.
The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.);
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Pr
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and
"Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of
the Department of Housing and Urban Development", 24 CFR, Part 8. By signing this
contract, Contractor understands and agrees that the activities funded herein shall be
operated in accordance with 24 CFR, Part 8; and the Architectural Barriers Act of
1968
(42 U.S.C., Section 4151 et. seq.), including the use of a telecommunications device for
deaf persons (TDDs) or equally effective communication system.
II. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750(April 12, 1982);
24 CFR Part 51, Environmental Criteria and Standards.
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EXHIBIT E
Certification Regarding Lobbying for
Contracts, Grants,Loans, and Cooperative Agreements
The undersigned certifies,to the best of his knowledge and belief,that:
1. No federal appropriated funds have been paid or will be paid,by or on behalf of
the undersigned,to any person for influencing or attempting to influence an
officer or employee of any agency, a member of congress, an officer or employee
of congress, or an employee of a member of congress in connection with the
awarding of any federal contract,the making of any federal grant,the making of
any federal loan,the entering into of any cooperative agreement, or modification
of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a member of congress, an officer or employee of congress, or an
employee of a member of congress in connection with this federal contract, grant,
loan, or cooperative agreement,the undersigned shall complete and submit
standard form -LLL, "Disclosure Form to Report Lobbying", in accordance with
its instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers(including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements)and that
all subrecipients shall certify and disclose accordingly.
This certification is material representation of fact which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than$100,000 for each such failure.
Signed:
Nutrition& Services for Seniors
Date
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Exhibit #5
(Contract for Non-Profit Subrecipient- IBN Sina Foundation)
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 are made and entered into by and between the City of Port Arthur,
Texas (hereinafter called the "City") acting herein by its City Manager, duly authorized by
Resolution of the City Council of the City of Port Arthur and IBN Sina Foundation, Jefferson
County, Texas (hereinafter called "Subrecipient") acting herein by its President/CEO, duly
authorized by its Board of Directors. The parties hereto agree, by the execution hereof, that they
are bound to the mutual obligations and to the performance and accomplishment of the tasks
described herein.
WITNESSETH THAT:
WHEREAS,the Subrecipient operates as a non-profit 501 c (3)organization that
provides free or low-cost health care services for uninsured, low-income individuals and families
in the community; and,
WHEREAS,the U.S. Department of Housing and Urban Development(HUD)
has awarded funding to the City in the amount of$1,042,808 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant"); and,
WHEREAS,by the adoption of Resolution 23-206 (authorizing submission of the
2023 Annual Consolidated Plan)the City has obligated itself to provide financial assistance to
IBN Sina Foundation Center for services to needy families through a contract with the
Subrecipient; and,
WHEREAS, under the terms of the grant the City must ensure that all applicable
federal requirements are met concerning the disbursement of funds to the Subrecipient; and,
WHEREAS,projects undertaken by the Subrecipient pursuant to this contract
must principally 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;
1
Now, Therefore, The Parties hereto do mutually agree as follows:
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on September 27,2023, and shall terminate on
September 26,2024,unless otherwise specifically provided by the terms of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
The Subrecipient shall provide free or low-cost health care services for the uninsured, low-
income individuals, and families in Port Arthur five days a week. IBN Sina Foundation is
located at 8455 Ninth Avenue in Port Arthur, Texas. CDBG funds will reimburse for rent and
utility expenses: water, gas, and electricity. CDBG will only pay the current monthly charges for
the utilities. CDBG will not pay late fees or unpaid charges from previous months. Receipts and
copies of canceled checks must be attached to a reimbursement statement. IBN Sina will serve
at least 210 persons. 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, and bookkeeping for expenditures made by the
Subrecipient in the performance of the obligations herein.
SECTION 4. CITY'S OBLIGATIONS
A. Measure of Liability
In consideration of full and satisfactory performance of the activities referred to in
Section 3 of this contract, City shall be liable for actual and reasonable costs incurred
by the Subrecipient during the contract period for performances rendered under this
contract by Subrecipient, subject to the limitations set forth in this Section 4.
1. It is expressly understood and agreed by the parties hereto that City's obligations
under this Section 4 are contingent upon the actual receipt of adequate federal
funds to meet City's liabilities under this contract. If adequate funds are not
available to make payments under this contract, City shall notify Subrecipient in
writing within a reasonable time after such fact is determined. City shall then
terminate this contract and will not be liable for failure to make payments to
Subrecipient under this contract.
2. City shall not be liable to Subrecipient for any costs incurred by Subrecipient, or
any portion thereof, which has been paid to Subrecipient or is subject to payment
to Subrecipient, or has been reimbursed to Subrecipient or is subject to
reimbursement to Subrecipient by any source other than City or Subrecipient.
2
3. City shall not be liable to Subrecipient for any costs incurred by Subrecipient or
for any performances rendered by Subrecipient which are not allowable costs as
set forth in Section 6C of this contract. City assumes no responsibility to
reimburse Subrecipient for any unauthorized expense incurred nor shall
Subrecipient create any deficit in the name of City nor shall Subrecipient assign
any payment due from City to any other party.
4. City shall only disburse funds to Subrecipient upon receipt of original invoices
and copies of cancelled checks from vendors 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 the 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 the City under this contract shall not exceed the sum of
Eleven Thousand Two Hundred Fifty-Eight and No/100 Dollars ($11,258.00).
SECTION 5. DISBURSEMENT OF FUNDS
A. City will reimburse only for utilities (gas,water, and electricity) eligible costs incurred
under this contract in accordance with the requirements of 24 CFR 570. Subrecipient
may not request disbursement of funds under this contract until the funds are needed for
payment of eligible costs. The amount of each request must be limited to the amount
needed.
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
3
law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver
of any other rights or remedies. Failure to exercise any right or remedy hereunder shall
not constitute a waiver of the right to exercise that or any other right or remedy at any
time.
SECTION 6. UNIFORM ADMINISTRATIVE REQUIREMENTS,
COST PRINCIPLES,AND PROGRAM INCOME
A. Subrecipient shall maintain records of the receipt, accrual, and disposition of all
program income in the same manner as required for all other funds under this contract.
Subrecipient shall provide reports of program income as requested by City and at the
termination of this contract.
B. Subrecipient shall return to City, upon termination of this contract, any unused funds and
any income derived specifically from the use of Community Development Block Grant
(CDBG) funds by Subrecipient. Income to Subrecipient, which is generated as a result of
Subrecipient's use of grant funds, shall be considered program income of City's regular
CDBG Program and must be returned to City.
C. As a non-profit organization, Subrecipient must comply with applicable regulations under
OMB Circular Numbers A-110 and A-122 pursuant to 24 CFR Part 570 and 2 CFR Part
200.
SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS
A. Subrecipient must establish and maintain sufficient records, as determined by City,to
account for the expenditure and use of CDBG funds.
B. Subrecipient shall give the City,the Comptroller of the United States, or any of their duly
authorized representatives, access to and the right to examine all books accounts, records,
reports, files and other papers,things or property belonging to or in use by Subrecipient
pertaining to this contract. Such rights to access shall continue as long as 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:
1. 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.
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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 persons served
and the race of the clients served. The report will be due on the 15th of every month
unless the information is provided with the reimbursement statement. Subrecipient shall
provide City with all reports necessary for City's compliance with 24 CFR Part 570 and 2
CFR Part 200.
B. In addition to the limitations on liability otherwise specified in this contract, it is
expressly understood and agreed by the parties hereto that if Subrecipient fails to submit
to City in a timely and satisfactory manner any report required by this contract, City may,
at its sole discretion, withhold any or all payments otherwise due or requested by
Subrecipient hereunder. If City withholds such payments, it shall notify Subrecipient in
writing of its decision and the reasons therefore. Payments withheld pursuant to this
paragraph may be held by City until such time as the delinquent obligations for which
funds are withheld are fulfilled by Subrecipient.
SECTION 9. MONITORING
The City reserves the right to, from time to time,carry out field inspections to ensure compliance
with the requirements of this contract. Subrecipient shall attend a compliance meeting after the
award of funds and prior to the first draw. After each monitoring visit, City shall provide
Subrecipient with a written report of the monitor's findings. If the monitoring reports note
deficiencies in Subrecipient's performances under the terms of this contract,the monitoring
report shall include requirements for the timely correction of such deficiencies by Subrecipient.
Failure by Subrecipient to take action specified in the monitoring report may be cause for
suspension or termination of this contract, as provided in Sections 17 and 18 of this contract.
The city has adopted the following monitoring system:
1. Perform in house review of Subrecipient's reimbursement requests;
2. Provide each Subrecipient with information on financial management;
3. Provide each Subrecipient with a copy of the monitoring guidelines
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is contracting with
Subrecipient as an Independent Contractor, and that Subrecipient, as such, agrees to hold City
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harmless and to indemnify City from and against any and all claims, demands, and causes of
action of every kind and character which may be asserted by any third party occurring or in any
way incident to, arising out of, or in connection with the services to be performed by
Subrecipient under this contract.
SECTION 11. SUBCONTRACTS
A. Except for subcontracts to which the federal labor standards requirements apply,
Subrecipient may not subcontract for performances described in this contract without
obtaining City's written approval. Subrecipient shall only subcontract for performances
described in this contract to which federal labor standards requirements apply after
Subrecipient has submitted a Subcontractor Eligibility Form, as specified by City, for
each proposed subcontract, and Subrecipient has obtained City's prior written approval,
based on the information submitted, of Subrecipient's intent to enter into such proposed
subcontract. Subrecipient, in subcontracting for any performances described in this
contract, expressly understands that in entering into such subcontracts, City is in no way
liable to Subrecipient's subcontractor(s).
B. In no event shall any provision of this Section 11, specifically the requirement that
Subrecipient obtain City's prior written approval of a subcontractor's eligibility, be
construed as relieving Subrecipient of the responsibility for ensuring that the
performances rendered under all subcontracts are rendered so as to comply with all terms
of this contract, as if such performances rendered were rendered by Subrecipient. City's
approval under Section 11 does not constitute adoption, ratification, or acceptance of
Subrecipient's or subcontractor's performance hereunder. City maintains the right to
insist upon Contractor's full compliance with the terms of this contract, and by the act of
approval under Section 11, City does not waive any right of action which may exist or
which may subsequently accrue to City under this contract.
C. Subrecipient shall comply with all applicable federal, state, and local laws,
regulations, and ordinances for making procurements under this contract.
SECTION 12. CONFLICT OF INTEREST
No person who (1)is an employee, agent, consultant, officer or elected or appointed official of
the City of Port Arthur or any applicant that receives funds and who exercises or has exercised
any functions or responsibilities with respect to activities assisted with funds provided under this
contract or(2)who is in a position to participate in a decision making process or gain inside
information with regard to such activities may obtain a personal or financial interest or benefit
from a CDBG assisted activity, or have an interest in any contract, subcontract, or agreement(or
proceeds thereof)with respect to a CDBG assisted activity either for themselves or those with
whom they have family or business ties, during their tenure or for one year thereafter.
Subrecipient shall ensure compliance with applicable provisions under 24 CFR 85.36 and OMB
Circular A-110 and 2 CFR Part 200 in the procurement of property and services.
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SECTION 13. NONDISCRIMINATION AND SECTARIAN ACTIVITY
A. Equal Opportunity. Subrecipient shall ensure that no person shall on the grounds of
race, color,religion, sex, handicap, familial status, or national origin be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds provided under this contract. In
addition, funds provided under this contract must be made available in accordance with
the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701u)that:
1. To the greatest extent feasible, opportunities for training and employment arising
in connection with the planning and carrying out of any project assisted with
CDBG funds provided under this contract be given to low-income persons
residing within the City of Port Arthur; and
2. To the greatest extent feasible, contracts for work to be performed in connection
with any such project be awarded to business concerns, including, but not limited
to, individuals or firms doing business in the field of planning, consulting, design,
architecture, building construction, rehabilitation, maintenance, or repair, which
are located in or owned in substantial part by persons residing in the City of Port
Arthur.
B. Religious Organizations. Funds provided under this contract may not be provided to
primarily religious organizations, such as churches, for any activity including secular
activities. In addition, funds provided under this contract may not be used to rehabilitate
or construct housing owned by primarily religious organizations or to assist primarily
religious organizations in acquiring housing. Funds provided under this contract may not
be used to rehabilitate or construct nonresidential buildings owned by primarily religious
organizations except as provided in Section 22 of this contract. Services provided and
funded under this contract must be for secular purposes and must be available to all
persons regardless of religion. There must be no religious or membership criteria for
either tenants or users of property or services as specified in 24 CFR 92.257 and 24 CFR
Part 570 and 2 CFR Part 200.
SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to enter
into this contract,receive funds authorized by this contract, and to perform the services
Subrecipient has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Subrecipient, or
representing themselves as signing and executing this contract on behalf of Subrecipient,
do hereby warrant and guarantee that he, she or they have been duly authorized by
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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 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.
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C. Any alterations, additions, or deletions to the terms of this contract which are required by
changes in Federal or state law or regulations are automatically incorporated into this
contract without written amendment hereto, and shall become effective on the date
designated by such law or regulation.
SECTION 17. SUSPENSION
In the event Subrecipient fails to comply with any terms of this contract, City may, upon written
notification to Subrecipient, suspend this contract in whole or in part and withhold further
payments to Subrecipient, and prohibit Subrecipient from incurring additional obligations of
funds under this contract.
SECTION 18. TERMINATION
The City may terminate this contract in whole or in part, in accordance with 24 CFR 85.43 and
this Section. In the event Subrecipient materially fails as determined by City,to comply with
any term of this contract, whether stated in a Federal statute or regulation, an assurance, in a City
plan or application, a notice of award, or elsewhere, City may take one or more of the following
actions:
1. Temporarily withhold cash payments pending correction of the deficiency by
Subrecipient or take more severe enforcement action against Subrecipient.
2. Disallow all or part of the cost of the activity or action not in compliance.
3. Withhold further CDBG awards from Subrecipient.
4. Take other remedies that may be legally available as determined by the City,to
comply with the terms of this contract, City may terminate this contract for
convenience in accordance with 24 CFR 85.44. This contract may be terminated
at any time when both parties agree that the continuation of the performances
would not produce beneficial results commensurate with further expenditure of
funds. Termination shall occur 30 days after the parties agree to terminate. The
Subrecipient shall not incur any new obligations once an agreement to terminate
is reached and shall cancel all outstanding obligations. The Subrecipient will be
reimbursed for expenses incurred to the date of termination provided grant funds
are available.
SECTION 19. AUDIT
A. Unless otherwise directed by City, Subrecipient shall arrange for the performance of
an annual financial and compliance audit of funds received and performances rendered
under this contract, subject to the following conditions and limitations:
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1. Subrecipient shall have an audit made in accordance with 24 CFR Part 44, or
OMB Circular A-133 and 2 CFR Part 200 for any of its fiscal years included
within the contract period specified in Section 2 of this contract in which the
Subrecipient receives more than $750,000 in Federal financial assistance provided
by a Federal agency in the form of grants, contracts, loans, loan guarantees,
property, cooperative agreements, interest subsidies, insurance or direct
appropriations, but does not include direct federal cash assistance to individuals.
The term includes awards of Federal financial assistance received directly from
federal agencies, or indirectly through other units of State and local government;
2. At the option of Subrecipient, each audit required by this section may cover either
Subrecipient's entire operations or each department, agency, or establishment of
Subrecipient which received, expended, or otherwise administered federal funds;
3. Notwithstanding Section 4(a)(4) and Section 4(a)(5), Subrecipient shall utilize
funds budgeted under this contract to pay for that portion of the cost of such audit
services properly allocable to the activities funded by City under this contract,
provided however that City shall not make payment for the cost of such audit
services until City has received such audit report from Subrecipient;
4. Unless otherwise specifically authorized by City in writing, Subrecipient shall
submit the report of such audit to City within thirty (30) days after completion of
the audit, but no later than nine (9)months after the end of each fiscal period
included within the period of this contract. Audits performed under Subsection A
of this Section 19 are subject to review and resolution by City or its authorized
representative.
5. As a part of its audit, Subrecipient shall verify expenditures according to the
Budget attached as Exhibit B.
B. Notwithstanding Subsection A of this Section 19, City reserves the right to conduct an
annual financial and compliance audit of funds received and performances rendered
under this contract. Subrecipient agrees to permit City or its authorized representative
to audit Subrecipient's records and to obtain any documents,materials, or information
necessary to facilitate such audit.
C. Subrecipient understands and agrees that it shall be liable to City for any costs disallowed
pursuant to financial and compliance audit(s)of funds received under this contract.
Subrecipient further understands and agrees that reimbursement to City of such
disallowed costs shall be paid by Subrecipient from funds which were not provided or
otherwise made available to Subrecipient under this contract.
D. Subrecipient shall take all necessary actions to facilitate the performance of such audit or
audits conducted pursuant to this Section 19 as City may require of Subrecipient.
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E. All approved CDBG audit reports shall be made available for public inspection within 30
days after completion of the audit.
F. Each Subrecipient is required to complete a form that states if the organization receives
$750,000 or more in Federal funding. The completed form will be placed in the
organization's CDBG file.
G. If the organization receives $750,000 or more in Federal funds, then the organization
must have a financial and compliance audit completed and submitted to the City within
thirty (30)days after the completion of the audit,but no later than nine (9)months after
the end of each fiscal period included within the period of its CDBG contract.
H. If the organization receives less than$750,000 in Federal funds, then the City will require
a statement of Revenues, Expenditures and change in Fund Balance report thirty (30)
days after the contract expiration date. Final payment of grant funds will be retained until
the statement of Revenues, Expenditures and change in Fund Balance is submitted to the
Grants Management's Office. If the organization has a routine audit done annually,then
the City would request a copy of the audit.
All audits will be received by the City's financial department.
J. The City will keep an audit tracking log that states such information as when each
Subrecipient's fiscal year ends,the audit due date, and the date the City received a copy
of the audit.
SECTION 20. ENVIRONMENTAL CLEARANCE REQUIREMENTS
A. Subrecipient understands and agrees that by execution of this contract Subrecipient shall
be responsible for providing to City all information, concerning this CDBG funded
project,required for City to meet its responsibilities for environmental review, decision
making, and other action which applies to City in accordance with and to the extent
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient further
understands and agrees that Subrecipient shall make all reasonable efforts to assist City in
handling inquiries and complaints from persons and agencies seeking redress in relation
to environmental reviews covered by approved certifications.
SECTION 21. LABOR STANDARDS
A. Davis-Bacon Wage Rates. All laborers and mechanics employed in the rehabilitation of a
project assisted under this contract shall be paid wages at rates not less than those
prevailing on similar rehabilitation in this locality, if such a rate category exists, or the
appropriate rate as determined by the Secretary of Labor in accordance with the
Davis-Bacon Act(40 U.S.C. 276a-5), and contracts involving their employment shall be
subject to the provisions, as applicable, of the Contract Work Hours and Safety Standards
Act(40 U.S.C. 327-333). Construction contractors and subcontractors, must comply with
11
regulations issued under these Acts and with other federal laws and regulations pertaining
to labor standards and HUD Handbook 1334.1 (Federal Labor Standards Compliance in
Housing and Community Development Programs), as applicable.
B. Copeland Anti-Kickback Act. Subrecipient shall comply with all applicable regulations
of the Secretary of Labor, United States Department of Labor,made pursuant to the
so-called "Copeland Anti-Kickback Act" of June 13, 1934, (48 Stat. 948: 62 Stat. 862;
Title U.S.C., Section 874; and Title 40 U.S.C., Section 276 C), and any amendments or
modifications thereof, and shall cause appropriate provisions to be inserted in any
contracts or subcontracts pursuant to the performances under this contract to ensure
compliance therewith by all contractors and subcontractors thereto.
SECTION 22. SPECIAL CONDITIONS
A. City shall not release any funds for costs incurred by Subrecipient under this contract
until City has received certification from Subrecipient that its fiscal control and fund
accounting procedures are adequate to assure proper disbursal of and accounting for
funds provided under this contract. City shall specify the content and form of such
certification.
B. Repayment. Subrecipient agrees that all repayments, including all interest and other
return on the investment of CDBG funds will be made to City. City reserves the right to
permit Subrecipient to retain interest or return on investment of CDBG funds for
additional eligible activities by the Subrecipient.
C. Reversion of Assets. Upon termination of this Contract, all funds remaining on hand on
the date of termination, and all accounts receivable attributable to the use of funds
received under this contract shall revert to City. Subrecipient shall return these assets to
City within seven(7)business days after the date of termination.
D. Displacement, Relocation, and Acquisition. Subrecipient must ensure that it will not
displace persons (families, business and non-profit organizations) as a result of a project
assisted with funds provided under this contract.
SECTION 23. ORAL AND WRITTEN CONTRACTS
A. All oral and written contracts between the parties to this contract relating to the subject
matter of this contract that were made prior to the execution of this contract have been
reduced to writing and are contained in this contract.
B. The attachments enumerated and denominated below are hereby made a part of this
contract, and constitute promised performances by Subrecipient in accordance with
Section 3 of this contract:
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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, the venue shall lie in Jefferson County,
Texas.
SECTION 25. ADDRESS OF NOTICE AND COMMUNICATIONS
City of Port Arthur IBN Sina Foundation
Mary E. Essex, Grants Program Administrator President/CEO
444 4th Street 8455 Ninth Avenue
Port Arthur, Texas 77640 Port Arthur, Texas 77642
SECTION 26. CAPTIONS
Each paragraph of this contract has been supplied with a caption to serve only as a guide to
contents. The caption does not control the meaning of any paragraph or in any way determine its
interpretation or application.
SECTION 27. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Subrecipient shall comply with all Federal, State and local laws, statutes, ordinances, rules,
regulations, orders and decrees of any court or administrative body or tribunal related to the
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
SECTION 28. EQUIPMENT
Equipment shall be used by the subgrantee in the program or project for which it was acquired as
long as needed, whether or not the project or program continues to be supported by Federal
funds. When no longer needed for the original program or project, the equipment may be used in
other activities currently or previously supported by a Federal agency.
Property records must be maintained that include a description of the property, a serial number or
other identification number,the source of property,who holds title,the acquisition date, and cost
of the property,percentage of Federal participation in the cost of the property,the location, use
and condition of the property, and any ultimate disposition data including the date of disposal
and sale price of the property.
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A control system must be developed to ensure adequate safeguards to prevent loss, damage, or
theft of the property. Any loss, damage, or theft shall be investigated.
Adequate maintenance procedures must be developed to keep the property in good condition.
When the equipment is no longer needed, the subgrantee will request disposition instruction from
the City of Port Arthur.
APPROVED IN FORM:
Val Tizeno
City Attorney
CITY OF PORT ARTHUR
Ron Burton
City Manager
ATTEST:
Sherri Bellard
City Secretary
IBN Sina Foundation
President/CEO
Date
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EXHIBIT A
Performance Statement
IBN Sina Foundation
Subrecipient shall carry out the following activities identified in its 2023 CDBG Application:
The Subrecipient shall provide free or low-cost health care services for the uninsured, low
income individuals and families in Port Arthur five days a week. Ibn Sina Foundation is located
at 8455 Ninth Avenue in Port Arthur, Texas. CDBG funds will reimburse for rent and utility
expenses: water, gas, and electricity. CDBG will only pay the current monthly charges for the
utilities. CDBG will not pay late fees or unpaid charges from previous months. Receipts and
copies of cancelled checks must be attached to a reimbursement statement. Ibn Sina will serve
at least 210 persons.
Subrecipient shall utilize CDBG funds, in conjunction with Subrecipient's own funds,to provide
health care services to residents of the City of Port Arthur.
Subrecipient shall utilize Eleven Thousand Two Hundred Fifty-Eight and No/100 Dollars
(11,258.00) of contract funds to complete these activities.
ADMINISTRATION
Subrecipient shall utilize its own funds to carry out all project administration activities, including
the cost associated with the required annual program compliance and fiscal audit. It is further
understood that any costs above this contract amount incurred by the Subrecipient for these
activities shall be paid for with private or other funds.
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EXHIBIT B
Budget
IBN Sina Foundation
Activity Contract Other TOTAL
Funds Funds FUNDS
1. Utilities $11,258.00 $11,258.00
(Electric, Internet Access,
Telephone, Water, Gas) and
Rent
TOTAL FUNDS $11,258.00 S11,258.00
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EXHIBIT C
Project Implementation Schedule
Ibn Sina Foundation
CONTRACT START DATE: CONTRACT ENDING DATE:
September 27, 2023 September 26, 2024
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EXHIBIT D
The Applicable Laws and Regulations
Subrecipient shall comply with all federal, state, and local laws and regulations applicable to the
activities and performances rendered by Subrecipient under this contract including,but not
limited to,the laws and regulations specified in Section I through IV of this Exhibit D.
CIVIL RIGHTS
The Fair Housing Act(42 U.S.C. 3601-20) and implementing regulations at 24 CFR part
10; Executive Order 11063, as amended by Executive Order 11063, as amended by
Executive Order 12259 (3 CFR, 1958-1963 Comp., 652 and 3 CFR, 1980 Comp.,p. 307)
(Equal Opportunity in Housing and implementing regulations at 24 CFR, Part 107; and
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination on
Federally Assisted Programs)and implementing regulations issued at 24 CFR, Part 1;
Executive Order 11063, as amended by Executive Order 12259, and 24 CFR part 107,
"Nondiscrimination and Equal Opportunity in Housing under Executive order 11063 or
24 CFR, Part 107 shall be a proper basis for the imposition of sanctions specified in 24
CFR 107.60;
The prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR, Part 146, and
the prohibitions against discrimination against handicapped individuals under Section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at
24 CFR, Part 8;
The requirements of Executive Orders 1246 (3 CFR 1964-65, Comp.,p. 339) (Equal
Employment Opportunity)and the implementing regulations issued at 4I CFR,
Chapter 60.
The requirements of Executive Orders 11625 and 12432 (concerning Minority Business
Enterprise), and 12138 (concerning Women's Business Enterprise). Consistent with
HUD's responsibilities under these Orders, each applicant must make efforts to encourage
the use of minority and women's business enterprises in connection with HOME funded
activities. Each Contractor must prescribe procedures acceptable to the City to establish
activities to ensure the inclusion,to the maximum extent possible, of minorities and
women, and entities owned by minorities and women. The Contractor/Subcontractor will
be required to identify contracts which have been bid by minority owned,women owned,
and/or small disadvantaged businesses.
The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.);
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Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and
"Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of
the Department of Housing and Urban Development", 24 CFR, Part 8. By signing this
contract, Contractor understands and agrees that the activities funded herein shall be
operated in accordance with 24 CFR, Part 8; and the Architectural Barriers Act of 1968
(42 U.S.C., Section 4151 et. seq.), including the use of a telecommunications device for
deaf persons (TDDs) or equally effective communication system.
II. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
24 CFR Part 51, Environmental Criteria and Standards.
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EXHIBIT E
Certification Regarding Lobbying for
Contracts, Grants,Loans, and Cooperative Agreements
The undersigned certifies, to the best of his knowledge and belief,that:
1. No federal appropriated funds have been paid or will be paid,by or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of congress, an officer or employee
of congress, or an employee of a member of congress in connection with the
awarding of any federal contract,the making of any federal grant,the making of
any federal loan,the entering into of any cooperative agreement, or modification
of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a member of congress, an officer or employee of congress, or an
employee of a member of congress in connection with this federal contract, grant,
loan, or cooperative agreement,the undersigned shall complete and submit
standard form -LLL, "Disclosure Form to Report Lobbying", in accordance with
its instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
This certification is material representation of fact which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, Title 31,U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than$100,000 for each such failure.
Signed:
President/CEO
Ibn Sina Foundation
Date
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Exhibit #6
(Contract for Non-Profit Subrecipient - Gift of Life)
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 were made and entered into by and between the City of Port Arthur,
Texas (hereinafter called the "City") acting herein by its City Manager, duly authorized by
Resolution of the City Council of the City of Port Arthur, and"Gift of Life", 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 nonprofit corporation that will
provide information about prostate cancer screening; and,
WHEREAS,the U.S. Department of Housing and Urban Development(HUD)
has awarded funding to the City in the amount of$1,042,808 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant"); and,
WHEREAS,by the adoption of Resolution 23-206 (authorizing submission of the
2023 Annual Consolidated Plan) Community Development Block Grant Application)the City
has obligated itself to provide financial assistance to the "Gift of Life"program 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;
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Now, Therefore, The Parties hereto do mutually agree as follows:
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on September 27,2023, and shall terminate on
September 26,2024,unless otherwise specifically provided by the terms of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
The Julie Rogers "Gift of Life" Program is a non-profit 501(c)(3) organization located in
Beaumont, Texas, and serving all of Southeast Texas. Operating for 15 years, the agency
provides extensive educational outreach that focuses on breast, prostate, testicular, and lung
cancer; free mammograms and prostate cancer screenings with access to follow-up treatment for
medically underserved men and women; and a tobacco prevention and cessation program that
targets adults and children.
CDBG funds will reimburse for the salaries associated with the Breast Health and Cancer
Prevention Initiatives and direct medical costs for clients in the Breast Health and Cancer
Prevention Initiatives. The CDBG funds will provide vital financial support to the Gift of Life
Port Arthur Cancer and Women's Breast Health and Prevention Initiatives which will address
health disparity and access to cancer screenings and treatment for at-risk women. The
organization's provision of free healthcare will increase the early detection of breast cancer
which will impact the morbidity rates in Port Arthur. The grant funds will provide free medical
and education services: breast cancer screenings, diagnostic mammograms, diagnostics
ultrasounds,breast biopsies, navigation to cancer treatment, educational materials, and directives
for a healthier lifestyle. The names, addresses, and income, of each client served are required.
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.
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SECTION 4. CITY'S OBLIGATIONS
A. Measure of Liability
In consideration of full and satisfactory performance of the activities referred to in
Section 3 of this contract, City shall be liable for actual and reasonable costs incurred by
the Subrecipient during the contract period for performances rendered under this contract
by Subrecipient, subject to the limitations set forth in this Section 4.
1. It is expressly understood and agreed by the parties hereto that City's obligations
under this Section 4 are contingent upon the actual receipt of adequate federal
funds to meet City's liabilities under this contract. If adequate funds are not
available to make payments under this contract, City shall notify Subrecipient in
writing within a reasonable time after such fact is determined. City shall then
terminate this contract and will not be liable for failure to make payments to
Subrecipient under this contract.
2. City shall not be liable to Subrecipient for any costs incurred by Subrecipient, or
any portion thereof, which has been paid to Subrecipient or is subject to payment
to Subrecipient, or has been reimbursed to Subrecipient or is subject to
reimbursement to Subrecipient by any source other than City or Subrecipient.
3. City shall not be liable to Subrecipient for any costs incurred by Subrecipient or
for any performances rendered by Subrecipient which are not allowable costs as
set forth in Section 6C of this contract. City assumes no responsibility to
reimburse Subrecipient for any unauthorized expense incurred nor shall
Subrecipient create any deficit in the name of City nor shall Subrecipient assign
any payment due from City to any other party.
4. City shall only disburse funds to Subrecipient upon invoices, canceled checks,
signed time sheets and canceled payroll checks for the salaries or other evidences
approved by City's Grants Management staff. This documentation must be in
accordance with Exhibit B of this contract.
5. City shall not be liable to Subrecipient for any costs incurred by Subrecipient for
any performances rendered by Subrecipient which are not strictly in accordance
with the terms of this contract, including the terms of Exhibit A, Exhibit B,
Exhibit C, Exhibit D, and Exhibit E of this Contract.
6. City shall not be liable for costs incurred or performances rendered by
Subrecipient before commencement of this contract or after termination of this
contract.
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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
Five-Thousand and No/100 Dollars($5,000.00).
SECTION 5. DISBURSEMENT OF FUNDS
A. City will reimburse for the salary and direct medical costs. Invoices canceled checks and
time sheets must be submitted and signed by employee and supervisor along with
cancelled payroll checks. Subrecipient may not request disbursement of funds under this
contract until the funds are needed for payment of eligible costs. The amount of each
request must be limited to the amount needed. Each client served must provide name,
address, and income.
B. It is expressly understood and agreed by the parties hereto that payments under this
contract are contingent upon Subrecipient's full and satisfactory performance of its
obligations under this contract. City reserves the right to recapture funds provided under
this contract in the event that Subrecipient has been unable to commit funds before the
end of this contract period.
C. It is expressly understood and agreed by the parties hereto that any right or remedy
provided for in this Section 5 or in any other provision of this contract shall not preclude
the exercise of any other right or remedy under this contract or under any provision of
law,nor shall any action taken in the exercise of any right or remedy be deemed a waiver
of any other rights or remedies. Failure to exercise any right or remedy hereunder shall
not constitute a waiver of the right to exercise that or any other right or remedy at any
time.
SECTION 6. UNIFORM ADMINISTRATIVE REQUIREMENTS,
COST PRINCIPLES, AND PROGRAM INCOME
A. Subrecipient shall maintain records of the receipt, accrual, and disposition of all
program income in the same manner as required for all other funds under this contract.
Subrecipient shall provide reports of program income as requested by City and at the
termination of this contract.
B. Subrecipient shall return to City,upon termination of this contract, any unused funds and
any income derived specifically from the use of Community Development Block Grant
(CDBG)funds by Subrecipient. Income to Subrecipient, which is generated as a result of
Subrecipient's use of grant funds, shall be considered program income of City's regular
CDBG Program and must be returned to City.
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C. As a non-profit organization, Subrecipient must comply with applicable regulations under
OMB Circular Numbers A-110 and A-122 pursuant to 24 CFR Part 570 and 2 CFR Part
200.
SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS
A. Subrecipient must establish and maintain sufficient records, as determined by City,to
account for the expenditure and use of CDBG funds.
B. Subrecipient shall give the City,the Comptroller of the United States, or any of their
duly authorized representatives, access to and the right to examine all books accounts,
records, reports, files and other papers,things or property belonging to or in use by
Subrecipient pertaining to this contract. Such rights to access shall continue as long
as the records are retained by Subrecipient. Subrecipient agrees to maintain
such records in an accessible location.
C. All records pertinent to this contract shall be retained by Subrecipient for 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:
1. 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 Port Arthur
residents that participated in the program including income verification form and race for
each participate. The information must be included with reimbursement or before grant
funding is disbursed. Subrecipient shall provide City with all reports necessary for City's
compliance with 24 CFR Part 570 and 2 CFR Part 200.
B. In addition to the limitations on liability otherwise specified in this contract, it is
expressly understood and agreed by the parties hereto that if Subrecipient fails to submit
to City in a timely and satisfactory manner any report required by this contract, City may,
at its sole discretion, withhold any or all payments otherwise due or requested by
Subrecipient hereunder. If City withholds such payments; it shall notify Subrecipient in
writing of its decision and the reasons therefore. Payments withheld pursuant to this
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paragraph may be held by City until such time as the delinquent obligations for which
funds are withheld are fulfilled by Subrecipient.
SECTION 9. MONITORING
The City reserves the right to, from time to time, carry out field inspections to ensure compliance
with the requirements of this contract. Subrecipient shall attend a compliance meeting after the
award of funds and prior to the first draw. After each monitoring visit, City shall provide
Subrecipient with a written report of the monitor's findings. If the monitoring reports note
deficiencies in Subrecipient's performances under the terms of this contract,the monitoring
report shall include requirements for the timely correction of such deficiencies by Subrecipient.
Failure by Subrecipient to take action specified in the monitoring report may be cause for
suspension or termination of this contract, as provided in Sections 17 and 18 of this contract. The
city has adopted the following monitoring system:
1. Perform in house review of Subrecipient's reimbursement requests;
2. Provide each Subrecipient with information on financial management;
3. Provide each Subrecipient with a copy of the monitoring guidelines
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is contracting with
Subrecipient as an Independent Contractor, and that Subrecipient, as such, agrees to hold City
harmless and to indemnify City from and against any and all claims, demands, and causes of
action of every kind and character which may be asserted by any third party occurring or in any
way incident to, arising out of, or in connection with the services to be performed by
Subrecipient under this contract.
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SECTION 11. SUBCONTRACTS
A. Except for subcontracts to which the federal labor standards requirements apply,
Subrecipient may not subcontract for performances described in this contract without
obtaining City's written approval. Subrecipient shall only subcontract for performances
described in this contract to which federal labor standards requirements apply after
Subrecipient has submitted a Subcontractor Eligibility Form, as specified by City, for
each proposed subcontract, and Subrecipient has obtained City's prior written approval,
based on the information submitted, of Subrecipient's intent to enter into such
proposed subcontract. Subrecipient, in subcontracting for any performances
described in this contract, expressly understands that in entering into such subcontracts,
City is in no way liable to Subrecipient's subcontractor(s).
B. In no event shall any provision of this Section 11, specifically the requirement that
Subrecipient obtain City's prior written approval of a subcontractor's eligibility, be
construed as relieving Subrecipient of the responsibility for ensuring that the
performances rendered under all subcontracts are rendered so as to comply with all terms
of this contract, as if such performances rendered were rendered by Subrecipient. City's
approval under Section 11 does not constitute adoption, ratification, or acceptance of
Subrecipient's or subcontractor's performance hereunder. City maintains the right to insist
upon Contractor's full compliance with the terms of this contract, and by the act of
approval under Section 11, City does not waive any right of action which may exist or
which may subsequently accrue to City under this contract.
C. Subrecipient shall comply with all applicable federal, state, and local laws,
regulations, and ordinances for making procurement under this contract.
SECTION 12. CONFLICT OF INTEREST
No person who(1) is an employee, agent, consultant, officer or elected or appointed official of
the City of Port Arthur or any applicant that receives funds and who exercises or has exercised
any functions or responsibilities with respect to activities assisted with funds provided under this
contract or(2)who is in a position to participate in a decision making process or gain inside
information with regard to such activities may obtain a personal or financial interest or benefit
from a CDBG assisted activity, or have an interest in any contract, subcontract, or agreement(or
proceeds thereof)with respect to a CDBG assisted activity either for themselves or those with
whom they have family or business ties, during their tenure or for one year thereafter.
Subrecipient shall ensure compliance with applicable provisions under 24 CFR 85.36 and OMB
Circular A-110 and 2 CFR Part 200 in the procurement of property and services.
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SECTION 13. NONDISCRIMINATION AND SECTARIAN ACTIVITY
A. Equal Opportunity. Subrecipient shall ensure that no person shall on the grounds of
race, color, religion, sex, handicap, familial status, or national origin be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds provided under this contract.
In addition, funds provided under this contract must be made available in accordance
with the requirements of Section 3 of the Housing and Urban Development Act of
1968 (12 U.S.C. 1701u)that:
1. To the greatest extent feasible, opportunities for training and employment arising
in connection with the planning and carrying out of any project assisted with
CDBG funds provided under this contract be given to low-income persons
residing within the City of Port Arthur; and
2. To the greatest extent feasible, contracts for work to be performed in connection
with any such project be awarded to business concerns, including, but not limited
to, individuals or firms doing business in the field of planning, consulting, design,
architecture, building construction, rehabilitation,maintenance, or repair, which
are located in or owned in substantial part by persons residing in the City of Port
Arthur.
B. Religious Organizations. Funds provided under this contract may not be provided to
primarily religious organizations, such as churches, for any activity including secular
activities. In addition, funds provided under this contract may not be used to rehabilitate
or construct housing owned by primarily religious organizations or to assist primarily
religious organizations in acquiring housing. Funds provided under this contract may not
be used to rehabilitate or construct nonresidential buildings owned by primarily religious
organizations except as provided in Section 22 of this contract. Services provided and
funded under this contract must be for secular purposes and must be available to all
persons regardless of religion. There must be no religious or membership criteria for
either tenants or users of property or services as specified in 24 CFR 92.257 and 24 CFR
Part 570 and 2 CFR Part 200.
SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to enter
into this contract, receive funds authorized by this contract, and to perform the services
Subrecipient has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Subrecipient,or
representing themselves as signing and executing this contract on behalf of Subrecipient,
do hereby warrant and guarantee that he, she or they have been duly authorized by
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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 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.
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C. Any alterations, additions, or deletions to the terms of this contract which are required by
changes in Federal or state law or regulations are automatically incorporated into this
contract without written amendment hereto, and shall become effective on the date
designated by such law or regulation.
SECTION 17. SUSPENSION
In the event Subrecipient fails to comply with any terms of this contract, City may, upon written
notification to Subrecipient, suspend this contract in whole or in part and withhold further
payments to Subrecipient, and prohibit Subrecipient from incurring additional obligations of
funds under this contract.
SECTION 18. TERMINATION
The City may terminate this contract in whole or in part, in accordance with 24 CFR 85.43 and
this Section. In the event Subrecipient materially fails as determined by City,to comply with
any term of this contract, whether stated in a Federal statute or regulation, an assurance, in a City
plan or application, a notice of award, or elsewhere, City may take one or more of the following
actions:
1. Temporarily withhold cash payments pending correction of the deficiency by
Subrecipient or take more severe enforcement action against Subrecipient.
2. Disallow all or part of the cost of the activity or action not in compliance.
3. Withhold further CDBG awards from Subrecipient.
4. Take other remedies that may be legally available as determined by the City,to
comply with the terms of this contract; City may terminate this contract for
convenience in accordance with 24 CFR 85.44. This contract may be terminated
at any time when both parties agree that the continuation of the performances
would not produce beneficial results commensurate with further expenditure of
funds. Termination shall occur 30 days after the parties agree to terminate. The
Subrecipient shall not incur any new obligations once an agreement to terminate
is reached and shall cancel all outstanding obligations. The Subrecipient will be
reimbursed for expenses incurred to the date of termination provided grant funds
are available.
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SECTION 19. AUDIT
A. Unless otherwise directed by City, Subrecipient shall arrange for the performance of
an annual financial and compliance audit of funds received and performances rendered
under this contract, subject to the following conditions and limitations:
1. Subrecipient shall have an audit made in accordance with 24 CFR Part 44, or
OMB Circular A-133 and 2 CFR Part 200 for any of its fiscal years included
within the contract period specified in Section 2 of this contract in which the
Subrecipient receives more than $750,000 in Federal financial assistance
provided by a Federal agency in the form of grants, contracts, loans, loan
guarantees,property, cooperative agreements, interest subsidies, insurance or
direct appropriations, but does not include direct federal cash assistance to
individuals. The term includes awards of Federal financial assistance received
directly from federal agencies, or indirectly through other units of State and local
government;
2. At the option of Subrecipient, each audit required by this section may cover either
Subrecipient's entire operations or each department, agency, or establishment of
Subrecipient which received, expended, or otherwise administered federal funds;
3. Notwithstanding Section 4(a)(4) and Section 4(a)(5), Subrecipient shall utilize
funds budgeted under this contract to pay for that portion of the cost of such audit
services properly allocable to the activities funded by City under this contract,
provided however that City shall not make payment for the cost of such audit
services until City has received such audit report from Subrecipient;
4. Unless otherwise specifically authorized by City in writing, Subrecipient shall
submit the report of such audit to City within thirty (30) days after completion of
the audit, but no later than nine (9)months after the end of each fiscal period
included within the period of this contract. Audits performed under Subsection A
of this Section 19 are subject to review and resolution by City or its authorized
representative.
5. As a part of its audit, Subrecipient shall verify expenditures according to the
Budget attached as Exhibit B.
B. Notwithstanding Subsection A of this Section 19, City reserves the right to conduct an
annual financial and compliance audit of funds received and performances rendered
under this contract. Subrecipient agrees to permit City or its authorized representative to
audit Subrecipient's records and to obtain any documents,materials, or information
necessary to facilitate such audit.
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C. Subrecipient understands and agrees that it shall be liable to City for any costs disallowed
pursuant to financial and compliance audit(s) of funds received under this contract.
Subrecipient further understands and agrees that reimbursement to City of such
disallowed costs shall be paid by Subrecipient from funds which were not provided or
otherwise made available to Subrecipient under this contract.
D. Subrecipient shall take all necessary actions to facilitate the performance of such audit or
audits conducted pursuant to this Section 19 as City may require of Subrecipient.
E. All approved CDBG audit reports shall be made available for public inspection within 30
days after completion of the audit.
F. Each Subrecipient is required to complete a form that states if the organization receives
$750,000 or more in Federal funding. The completed form will be placed in the
organization's CDBG file.
G. If the organization receives $750,000 or more in Federal funds, then the organization
must have a financial and compliance audit completed and submitted to the City within
thirty (30) days after the completion of the audit,but no later than nine (9) months after
the end of each fiscal period included within the period of its CDBG contract.
H. If the organization receives less than $750,000 in Federal funds,then the City will require
a statement of Revenues, Expenditures and change in Fund Balance report thirty (30)
days after the contract expiration date. Final payment of grant funds will be retained until
the statement of Revenues, Expenditures and change in Fund Balance is submitted to the
Grants Management's Office. If the organization has a routine audit done annually,then
the City would request a copy of the audit.
I. All audits will be received by the City's financial department.
J. The City will keep an audit tracking log that states such information as when each
Subrecipient's fiscal year ends, the audit due date, and the date the City received a copy
of the audit.
SECTION 20. ENVIRONMENTAL CLEARANCE REQUIREMENTS
A. Subrecipient understands and agrees that by execution of this contract Subrecipient shall
be responsible for providing to City all information, concerning this CDBG funded
project, required for City to meet its responsibilities for environmental review, decision
making, and other action which applies to City in accordance with and to the extent
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient further
understands and agrees that Subrecipient shall make all reasonable efforts to assist City in
handling inquiries and complaints from persons and agencies seeking redress in relation
to environmental reviews covered by approved certifications.
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SECTION 21. LABOR STANDARDS
A. Davis-Bacon Wage Rates. All laborers and mechanics employed in the rehabilitation of a
project assisted under this contract shall be paid wages at rates not less than those
prevailing on similar rehabilitation in this locality, if such a rate category exists, or the
appropriate rate as determined by the Secretary of Labor in accordance with the
Davis-Bacon Act(40 U.S.C. 276a-5), and contracts involving their employment shall be
subject to the provisions, as applicable, of the Contract Work Hours and Safety Standards
Act(40 U.S.C. 327-333). Construction contractors and subcontractors, must comply with
regulations issued under these Acts and with other federal laws and regulations pertaining
to labor standards and HUD Handbook 1334.1 (Federal Labor Standards Compliance in
Housing and Community Development Programs), as applicable.
B. Copeland Anti-Kickback Act. Subrecipient shall comply with all applicable regulations
of the Secretary of Labor, United States Department of Labor,made pursuant to the
so-called "Copeland Anti-Kickback Act" of June 13, 1934, (48 Stat. 948: 62 Stat. 862;
Title U.S.C., Section 874; and Title 40 U.S.C., Section 276 C), and any amendments or
modifications thereof, and shall cause appropriate provisions to be inserted in any
contracts or subcontracts pursuant to the performances under this contract to ensure
compliance therewith by all contractors and subcontractors thereto.
SECTION 22. SPECIAL CONDITIONS
A. City shall not release any funds for costs incurred by Subrecipient under this contract
until City has received certification from subrecipient that its fiscal control and fund
accounting procedures are adequate to assure proper disbursal of and accounting for
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, all equipment that was purchased with CDBG funds, and all
accounts receivable attributable to the use of funds received under this contract shall
revert to the City. Subrecipient shall return these assets to the 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.
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SECTION 23. ORAL AND WRITTEN CONTRACTS
A. All oral and written contracts between the parties to this contract relating to the subject
matter of this contract that were made prior to the execution of this contract have been
reduced to writing and are contained in this contract.
B. The attachments enumerated and denominated below are hereby made a part of this
contract, and constitute promised performances by Subrecipient in accordance with
Section 3 of this contract:
1. Exhibit A, Performance Statement
2. Exhibit B, Budget
3. Exhibit C, Project Implementation Schedule
4. Exhibit D, Applicable Laws and Regulations
5. Exhibit E, Certifications
SECTION 24. VENUE
For purposes of litigation pursuant to this contract, venue shall lie in Jefferson County, Texas.
SECTION 25. ADDRESS OF NOTICE AND COMMUNICATIONS
City of Port Arthur Gift of Life
Mary E. Essex, Grants Program Administrator Director
444 4th Street 2390 Dowlen Rd.
Port Arthur, Texas 77640 Beaumont, TX 77706
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.
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SECTION 27. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Subrecipient shall comply with all Federal, State and local laws, statutes, ordinances, rules,
regulations, orders and decrees of any court or administrative body or tribunal related to the
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
SECTION 28. EQUIPMENT
Equipment shall be used by the subgrantee in the program or project for which it was acquired as
long as needed, whether or not the project or program continues to be supported by Federal
funds. When no longer needed for the original program or project,the equipment may be used in
other activities currently or previously supported by a Federal agency.
Property records must be maintained that include a description of the property, a serial number or
other identification number,the source of property,who holds title, the acquisition date, and cost
of the property,percentage of Federal participation in the cost of the property,the location,use
and condition of the property, and any ultimate disposition data including the date of disposal
and sale price of the property. A control system must be developed to ensure adequate
safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft shall be
investigated. Adequate maintenance procedures must be developed to keep the property in good
condition.
When the equipment is no longer needed, the subgrantee will request disposition instruction from
the City of Port Arthur.
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APPROVED AS TO FORM:
Val Tizeno
City Attorney
CITY OF PORT ARTHUR
Ron Burton
City Manager
ATTEST:
"Gift of Life"
Sherri Bellard Director
City Secretary
Date
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EXHIBIT A
Performance Statement
Julie Rogers "Gift of Life"
Subrecipient shall carry out the following activities identified in its 2023 CDBG Application:
The Julie Rogers "Gift of Life" Program is a non-profit 501(c)(3) organization located in
Beaumont, Texas, and serving all of Southeast Texas. Operating for 15 years, the agency is
dedicated to providing extensive educational outreach that focuses on breast, prostate, testicular,
and lung cancer; free mammograms and prostate cancer screenings with access to follow-up
treatment for medically underserved men and women; and a tobacco prevention and cessation
program which targets adults and children.
CDBG funds will reimburse the salaries associated with the Breast Health and Cancer Prevention
Initiatives and direct medical costs for clients in the Breast Health and Cancer Prevention
Initiatives. The CDBG funds will provide vital financial support to the Gift of Life Port Arthur
Cancer and Women's Breast Health and Prevention Initiatives which will address health
disparity and access to cancer screenings and treatment for at-risk women. The organization's
provision of free healthcare will increase the early detection of breast cancer which will impact
the morbidity rates in Port Arthur. The grant funds will provide free medical and education
services: breast cancer screenings, diagnostic mammograms, diagnostics ultrasounds, breast
biopsies, navigation to cancer treatment, educational materials, and directives for a healthier
lifestyle.
Funds shall be disbursed to Subrecipient on a periodic basis, with such periods not to exceed
quarterly. Said periodic disbursements shall be based upon the Subrecipient's disbursement
request. Subrecipient shall be paid solely from Community Development Block Grant Funds.
Subrecipient shall utilize Five-Thousand and No/100 Dollars ($5,000.00) of contract funds to
complete its activities.
Administration
Subrecipient shall utilize its own funds to carry out all project administration activities, including
the cost associated with the required annual program compliance and fiscal audit. It is further
understood that any costs above this contract amount incurred by the Subrecipient for these
activities shall be paid for with private or other funds.
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EXHIBIT B
Budget
Julie Rogers, "Gift of Life" Program
Activity Contract Other Total
Funds Funds Funds
1. Personnel:
Breast Health Coordinator $5,000.00 $0.00 $1,575.00
Scheduler, In-Take, and English
And Spanish Case management
And Spanish Interpreter,
Direct Medical Cost:
Healthcare services including
Breast Cancer screenings and
Follow-up diagnostic tests
Total Budget $5,000.00 $0.00 $5,000.00
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EXHIBIT C
Project Implementation Schedule
Julie Rogers "Gift of Life"
CONTRACT START DATE: CONTRACT ENDING DATE:
September 27, 2023 September 26, 2024
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EXHIBIT D
The Applicable Laws and Regulations
Subrecipient shall comply with all federal, state, and local laws and regulations applicable to the
activities and performances rendered by Subrecipient under this contract, including, but not
limited to, the laws and regulations specified in Section I through IV of this Exhibit D.
CIVIL RIGHTS
The Fair Housing Act(42 U.S.C. 3601-20) and implementing regulations at 24 CFR part
10; Executive Order 11063, as amended by Executive Order 11063, as amended by
Executive Order 12259 (3 CFR, 1958-1963 Comp., 652 and 3 CFR, 1980 Comp., p. 307)
(Equal Opportunity in Housing and implementing regulations at 24 CFR, Part 107; and
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination on
Federally Assisted Programs)and implementing regulations issued at 24 CFR, Part 1;
Executive Order 11063, as amended by Executive Order 12259, and 24 CFR part 107,
"Nondiscrimination and Equal Opportunity in Housing under Executive order 11063 or
24 CFR, Part 107 shall be a proper basis for the imposition of sanctions specified in 24
CFR 107.60;
The prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR, Part 146, and
the prohibitions against discrimination against handicapped individuals under Section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at
24 CFR, Part 8;
The requirements of Executive Orders 1246 (3 CFR 1964-65, Comp., p. 339)
(Equal Employment Opportunity)and the implementing regulations issued at 4I CFR,
Chapter 60.
The requirements of Executive Orders 11625 and 12432 (concerning Minority Business
Enterprise), and 12138 (concerning Women's Business Enterprise). Consistent with
HUD's responsibilities under these Orders, each applicant must make efforts to encourage
the use of minority and women's business enterprises in connection with HOME funded
activities. Each Contractor must prescribe procedures acceptable to the City to establish
activities to ensure the inclusion,to the maximum extent possible, of minorities and
women, and entities owned by minorities and women. The Contractor/Subcontractor will
be required to identify contracts which have been bid by minority owned, women owned,
and/or small disadvantaged businesses.
The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.);
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Pr
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and
"Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of
the Department of Housing and Urban Development", 24 CFR, Part 8. By signing this
contract, Contractor understands and agrees that the activities funded herein shall be
operated in accordance with 24 CFR, Part 8; and the Architectural Barriers Act of 1968
(42 U.S.C., Section 4151 et. seq.), including the use of a telecommunications device for
deaf persons(TDDs)or equally effective communication system.
II. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
24 CFR Part 51, Environmental Criteria and Standards.
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EXHIBIT E
Certification Regarding Lobbying for
Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies,to the best of his knowledge and belief,that:
1. No federal appropriated funds have been paid or will be paid,by or on behalf of
the undersigned,to any person for influencing or attempting to influence an
officer or employee of any agency, a member of congress, an officer or employee
of congress, or an employee of a member of congress in connection with the
awarding of any federal contract,the making of any federal grant,the making of
any federal loan,the entering into of any cooperative agreement, or modification
of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a member of congress, an officer or employee of congress, or an
employee of a member of congress in connection with this federal contract, grant,
loan, or cooperative agreement,the undersigned shall complete and submit
standard form -LLL, "Disclosure Form to Report Lobbying", in accordance with
its instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers(including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements)and
that all subrecipients shall certify and disclose accordingly.
This certification is material representation of fact which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than$100,000 for each such failure.
Signed:
Director
Julie Rogers"Gift of Life"
Date
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Exhibit #7
(Contract for Non-Profit Subrecipient- Lion Hearted Boxing Academy)
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 are made and entered into by and between the City of Port Arthur,
Texas (hereinafter called the "City") acting herein by its City Manager, duly authorized by
Resolution of the City Council of the City of Port Arthur, and Lion Hearted Boxing Academy,
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 Lion Hearted Boxing Academy's goal is to assist with
building family and community cohesion through health and fitness. The main focus is youth's
sociable, competitive, and teamwork skills while combating adolescent obesity.
WHEREAS,the U. S. Department of Housing and Urban Development(HUD)
has awarded funding to the City in the amount of$1,042,808 pursuant to the Housing and
Development Act of 1974, as amended(hereinafter called the "grant"); and,
WHEREAS, by the adoption of Resolution 23-206 (authorizing submission of the
2023 Annual Consolidated Plan),the City has obligated itself to provide financial assistance to
Lion Hearted Boxing Academy; 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;
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Now, Therefore, The Parties hereto do mutually agree as follows:
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on September 27,2023, and shall terminate on
September 26,2024, unless otherwise specifically provided by the terms of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
The subrecipient shall train approximately five youths in the art of boxing. CDBG will reimburse
the subrecipient for approximately five youths at$710.00 per person. 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.
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, and bookkeeping for expenditures made by Subrecipient in performance of
the obligations herein.
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SECTION 4. CITY'S OBLIGATIONS
A. Measure of Liability
In consideration of full and satisfactory performance of the activities referred to in
Section 3 of this contract, City shall be liable for actual and reasonable costs incurred by
the Subrecipient during the contract period for performances rendered under this contract
by Subrecipient, subject to the limitations set forth in this Section 4.
1. It is expressly understood and agreed by the parties hereto that City's obligations
under this Section 4 are contingent upon the actual receipt of adequate federal
funds to meet City's liabilities under this contract. If adequate funds are not
available to make payments under this contract, City shall notify Subrecipient in
writing within a reasonable time after such fact is determined. City shall then
terminate this contract and will not be liable for failure to make payments to
Subrecipient under this contract.
2. City shall not be liable to Subrecipient for any costs incurred by Subrecipient, or
any portion thereof, which has been paid to Subrecipient or is subject to payment
to Subrecipient, or has been reimbursed to Subrecipient or is subject to
reimbursement to Subrecipient by any source other than City or Subrecipient.
3. City shall not be liable to Subrecipient for any costs incurred by Subrecipient or
for any performances rendered by Subrecipient which are not allowable costs as
set forth in Section 6C of this contract. City assumes no responsibility to
reimburse Subrecipient for any unauthorized expense incurred nor shall
Subrecipient create any deficit in the name of City nor shall Subrecipient assign
any payment due from City to any other party.
4. City shall only disburse funds to Subrecipient upon receipt of income verification
forms and sign-in sheets,paid invoices with copies of canceled checks or other
evidences approved by the City's Grants Management staff. This documentation
must be in accordance with Exhibit B of this contract.
5. City shall not be liable to Subrecipient for any costs incurred by Subrecipient for
any performances rendered by Subrecipient which are not strictly in accordance
with the terms of this contract, including the terms of Exhibit A, Exhibit B,
Exhibit C, Exhibit D, and Exhibit E of this Contract.
6. City shall not be liable for costs incurred or performances rendered by
Subrecipient before commencement of this contract or after termination of this
contract.
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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 Three-
Thousand Five Hundred Fifty and No/100 Dollars ($3,550.00).
SECTION 5. DISBURSEMENT OF FUNDS
A. City will cover the cost incurred under this contract in accordance with the requirements
of 24 CFR 570 and 2 CFR Part 200. Subrecipient may not request disbursement of funds
under this contract until the funds are needed for payment of eligible costs. The amount
of each request must be limited to the amount needed.
B. It is expressly understood and agreed by the parties hereto that payments under this
contract are contingent upon Subrecipient's full and satisfactory performance of its
obligations under this contract. City reserves the right to recapture funds provided under
this contract in the event that Subrecipient has been unable to commit funds before the
end of this contract period.
C. It is expressly understood and agreed by the parties hereto that any right or remedy
provided for in this Section 5 or in any other provision of this contract shall not preclude
the exercise of any other right or remedy under this contract or under any provision of
law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver
of any other rights or remedies. Failure to exercise any right or remedy hereunder shall
not constitute a waiver of the right to exercise that or any other right or remedy at any
time.
SECTION 6. UNIFORM ADMINISTRATIVE REQUIREMENTS,
COST PRINCIPLES, AND PROGRAM INCOME
A. Subrecipient shall maintain records of the receipt, accrual, and disposition of all
program income in the same manner as required for all other funds under this contract.
Subrecipient shall provide reports of program income as requested by City and at the
termination of this contract.
B. Subrecipient shall return to City, upon termination of this contract, any unused funds and
any income derived specifically from the use of Community Development Block Grant
(CDBG) funds by Subrecipient. Income to Subrecipient, which is generated as a result of
Subrecipient's use of grant funds, shall be considered program income of City's regular
CDBG Program and must be returned to City.
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C. As a non-profit organization, Subrecipient must comply with applicable regulations under
OMB Circular Numbers A-110 and A-122 pursuant to 24 CFR Part 570 and 2 CFR Part
200.
SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS
A. Subrecipient must establish and maintain sufficient records, as determined by City,to
account for the expenditure and use of CDBG funds.
B. Subrecipient shall give the City,the Comptroller of the United States, or any of their
duly authorized representatives, access to and the right to examine all books accounts,
records, reports, files and other papers,things or property belonging to or in use by
Subrecipient pertaining to this contract. Such rights to access shall continue as long
as the records are retained by Subrecipient. Subrecipient agrees to maintain
such records in an accessible location.
C. All records pertinent to this contract shall be retained by Subrecipient for 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:
1. 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 Port Arthur
residents enrolled in the homebuyer's education classes by race unless information is
provided on reimbursement statement. The report will be due on the 15th of every month.
Subrecipient shall provide City with all reports necessary for City's compliance with 24
CFR Part 570 and 2 CFR Part 200.
B. In addition to the limitations on liability otherwise specified in this contract, it is
expressly understood and agreed by the parties hereto that if Subrecipient fails to submit
to City in a timely and satisfactory manner any report required by this contract, City may,
at its sole discretion,withhold any or all payments otherwise due or requested by
Subrecipient hereunder. If City withholds such payments; it shall notify Subrecipient in
writing of its decision and the reasons therefore. Payments withheld pursuant to this
paragraph may be held by City until such time as the delinquent obligations for which
funds are withheld are fulfilled by Subrecipient.
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SECTION 9. MONITORING
The City reserves the right to, from time to time, carry out field inspections to ensure compliance
with the requirements of this contract. Subrecipient shall attend a compliance meeting after the
award of funds and prior to the first draw. After each monitoring visit, City shall provide
Subrecipient with a written report of the monitor's findings. If the monitoring reports note
deficiencies in Subrecipient's performances under the terms of this contract,the monitoring
report shall include requirements for the timely correction of such deficiencies by Subrecipient.
Failure by Subrecipient to take action specified in the monitoring report may be cause for
suspension or termination of this contract, as provided in Sections 17 and 18 of this contract. The
city has adopted the following monitoring system:
1. Perform in house review of Subrecipient's reimbursement requests;
2. Provide each Subrecipient with information on 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, arising out of, or in connection with the services to be performed by
Subrecipient under this contract.
SECTION 11. SUBCONTRACTS
A. Except for subcontracts to which the federal labor standards requirements apply,
Subrecipient may not subcontract for performances described in this contract without
obtaining City's written approval. Subrecipient shall only subcontract for performances
described in this contract to which federal labor standards requirements apply after Subrecipient
has submitted a Subcontractor Eligibility Form, as specified by City, for each proposed
subcontract, and Subrecipient has obtained City's prior written approval, based on the
information submitted, of Subrecipient's intent to enter into such proposed subcontract.
Subrecipient, in subcontracting for any performances described in this contract, expressly
understands that in entering into such subcontracts, City is in no way liable to Subrecipient's
subcontractor(s).
B. In no event shall any provision of this Section 11, specifically the requirement that
Subrecipient obtain City's prior written approval of a subcontractor's eligibility,be
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construed as relieving Subrecipient of the responsibility for ensuring that the
performances rendered under all subcontracts are rendered so as to comply with all terms
of this contract, as if such performances rendered were rendered by Subrecipient. City's
approval under Section 11 does not constitute adoption, ratification, or acceptance of
Subrecipient's or subcontractor's performance hereunder. City maintains the right to insist
upon Contractor's full compliance with the terms of this contract, and by the act of
approval under Section 11, City does not waive any right of action which may exist or
which may subsequently accrue to City under this contract.
C. Subrecipient shall comply with all applicable federal, state, and local laws,
regulations, and ordinances for making procurement under this contract.
SECTION 12. CONFLICT OF INTEREST
No person who(1) is an employee, agent, consultant, officer or elected or appointed official of
the City of Port Arthur or any applicant that receives funds and who exercises or has exercised
any functions or responsibilities with respect to activities assisted with funds provided under this
contract or(2)who is in a position to participate in a decision making process or gain inside
information with regard to such activities may obtain a personal or financial interest or benefit
from a CDBG assisted activity, or have an interest in any contract, subcontract, or agreement(or
proceeds thereof)with respect to a CDBG assisted activity either for themselves or those with
whom they have family or business ties, during their tenure or for one year thereafter.
Subrecipient shall ensure compliance with applicable provisions under 24 CFR 85.36 and OMB
Circular A-110 and 2 CFR Part 200 in the procurement of property and services.
SECTION 13. NONDISCRIMINATION AND SECTARIAN ACTIVITY
A. Equal Opportunity. Subrecipient shall ensure that no person shall on the grounds of
race, color,religion, sex, handicap, familial status, or national origin be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds provided under this contract.
In addition, funds provided under this contract must be made available in accordance
with the requirements of Section 3 of the Housing and Urban Development Act of
1968 (12 U.S.C. 1701u)that:
1. To the greatest extent feasible, opportunities for training and employment arising
in connection with the planning and carrying out of any project assisted with
CDBG funds provided under this contract be given to low-income persons
residing within the City of Port Arthur; and
2. To the greatest extent feasible, contracts for work to be performed in connection
with any such project be awarded to business concerns, including,but not limited
to, individuals or firms doing business in the field of planning, consulting, design,
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architecture, building construction, rehabilitation, maintenance, or repair, which
are located in or owned in substantial part by persons residing in the City of Port
Arthur.
B. Religious Organizations. Funds provided under this contract may not be provided to
primarily religious organizations, such as churches, for any activity including secular
activities. In addition, funds provided under this contract may not be used to rehabilitate
or construct housing owned by primarily religious organizations or to assist primarily
religious organizations in acquiring housing. Funds provided under this contract may not
be used to rehabilitate or construct nonresidential buildings owned by primarily religious
organizations except as provided in Section 22 of this contract. Services provided and
funded under this contract must be for secular purposes and must be available to all
persons regardless of religion. There must be no religious or membership criteria for
- either tenants or users of property or services as specified in 24 CFR 92.257 and 24 CFR
Part 570 and 2 CFR Part 200.
SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to enter
into this contract, receive funds authorized by this contract, and to perform the services
Subrecipient has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Subrecipient, or
representing themselves as signing and executing this contract on behalf of Subrecipient,
do hereby warrant and guarantee that he, she or they have been duly authorized by
Subrecipient to execute this contract on behalf of Subrecipient and to validly and legally
bind Subrecipient to all terms,performances, and provisions herein set forth.
C. Subrecipient shall not employ, award contract to, or fund any person that has been
debarred, suspended,proposed for debarment, or placed on ineligibility status by U.S.
Department of Housing and Urban Development. In addition, City shall have the right to
suspend or terminate this contract if Subrecipient is debarred,proposed for debarment, or
ineligible from participating in the CDBG Program.
SECTION 15. LITIGATION AND CLAIMS
Subrecipient shall give City immediate notice in writing of 1) any action, including any
proceeding before an administrative agency filed against Subrecipient in connection with this
contract; and 2)any claim against Subrecipient,the cost and expense of which Subrecipient may
be entitled to be reimbursed by City. Except as otherwise directed by City, Subrecipient shall
furnish immediately to City copies of all pertinent papers received by Subrecipient with respect
to such action or claim.
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SECTION 16. CHANGES AND AMENDMENTS
A. Except as specifically provided otherwise in this contract, any alterations, additions, or
deletions to the terms of this contract shall be by amendment hereto in writing and
executed by both parties to this contract.
B. It is understood and agreed by the parties hereto that performances under this contract
must be rendered in accordance with the Act, the regulations promulgated under the Act,
the assurances and certifications made to City by Subrecipient, and the assurances and
certifications made to the United States Department of Housing and Urban Development
by the City of Port Arthur with regard to the operation of the City's CDBG Program.
Based on these considerations, and in order to ensure the legal and effective performance
of this contract by both parties, it is agreed by the parties hereto that the performances
under this contract are by the provisions of the CDBG Program and any amendments
thereto and may further be amended in the following manner: City may from time to
time during the period of performance of this contract issue policy directives which serve
to establish, interpret, or clarify performance requirements under this contract. Such
policy directives shall be promulgated by the City Manager when authorized by the City
Council of Port Arthur in the form of CDBG issuances shall have the effect of qualifying
the terms of this contract and shall be binding upon Subrecipient, as if written herein,
provided however that said policy directives and any amendments to the City's CDBG
Program shall not alter the terms of this contract so as to release City of any obligation
specified in Section 4 of this contract to reimburse costs incurred by Subrecipient prior to
the effective date of said amendments or policy directives.
C. Any alterations, additions, or deletions to the terms of this contract which are required by
changes in Federal or state law or regulations are automatically incorporated into this
contract without written amendment hereto, and shall become effective on the date
designated by such law or regulation.
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.
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SECTION 18. TERMINATION
The City may terminate this contract in whole or in part, in accordance with 24 CFR 85.43 and
this Section. In the event Subrecipient materially fails as determined by City,to comply with
any term of this contract, whether stated in a Federal statute or regulation, an assurance, in a City
plan or application, a notice of award, or elsewhere, City may take one or more of the following
actions:
1. Temporarily withhold cash payments pending correction of the deficiency by
Subrecipient or take more severe enforcement action against Subrecipient.
2. Disallow all or part of the cost of the activity or action not in compliance.
3. Withhold further CDBG awards from Subrecipient.
3. Take other remedies that may be legally available as determined by the City,to
comply with the terms of this contract, City may terminate this contract for
convenience in accordance with 24 CFR 85.44. This contract may be terminated
at any time when both parties agree that the continuation of the performances
would not produce beneficial results commensurate with further expenditure of
funds. Termination shall occur 30 days after the parties agree to terminate. The
Subrecipient shall not incur any new obligations once an agreement to terminate
is reached and shall cancel all outstanding obligations. The Subrecipient will be
reimbursed for expenses incurred to the date of termination provided grant funds
are available.
SECTION 19. AUDIT
A. Unless otherwise directed by City, Subrecipient shall arrange for the performance of
an annual financial and compliance audit of funds received and performances rendered
under this contract, subject to the following conditions and limitations:
1. Subrecipient shall have an audit made in accordance with 24 CFR Part 44, or
OMB Circular A-133 and 2 CFR Part 200 for any of its fiscal years included
within the contract period specified in Section 2 of this contract in which the
Subrecipient receives more than $750,000 in Federal financial assistance
provided by a Federal agency in the form of grants, contracts, loans, loan
guarantees,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;
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2. At the option of Subrecipient, each audit required by this section may cover either
Subrecipient's entire operations or each department, agency, or establishment of
Subrecipient which received, expended, or otherwise administered federal funds;
3. Notwithstanding Section 4(a)(4) and Section 4(a)(5), Subrecipient shall utilize
funds budgeted under this contract to pay for that portion of the cost of such audit
services properly allocable to the activities funded by City under this contract,
provided however that City shall not make payment for the cost of such audit
services until City has received such audit report from Subrecipient;
4. Unless otherwise specifically authorized by City in writing, Subrecipient shall
submit the report of such audit to City within thirty (30)days after completion of
the audit,but no later than nine (9)months after the end of each fiscal period
included within the period of this contract. Audits performed under Subsection A
of this Section 19 are subject to review and resolution by City or its authorized
representative.
5. As a part of its audit, Subrecipient shall verify expenditures according to the
Budget attached as Exhibit B.
B. Notwithstanding Subsection A of this Section 19, City reserves the right to conduct an
annual financial and compliance audit of funds received and performances rendered
under this contract. Subrecipient agrees to permit City or its authorized representative to
audit Subrecipient's records and to obtain any documents, materials, or information
necessary to facilitate such audit.
C. Subrecipient understands and agrees that it shall be liable to City for any costs disallowed
pursuant to financial and compliance audit(s) of funds received under this contract.
Subrecipient further understands and agrees that reimbursement to City of such
disallowed costs shall be paid by Subrecipient from funds which were not provided or
otherwise made available to Subrecipient under this contract.
D. Subrecipient shall take all necessary actions to facilitate the performance of such audit or
audits conducted pursuant to this Section 19 as City may require of Subrecipient.
E. All approved CDBG audit reports shall be made available for public inspection within 30
days after completion of the audit.
F. Each Subrecipient is required to complete a form that states if the organization receives
$750,000 or more in Federal funding. The completed form will be placed in the
organization's CDBG file.
G. If the organization receives $750,000 or more in Federal funds, then the organization
must have a financial and compliance audit completed and submitted to the City within
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thirty (30) days after the completion of the audit, but no later than nine (9)months after
the end of each fiscal period included within the period of its CDBG contract.
H. If the organization receives less than$750,000 in Federal funds,then the City will require
a statement of Revenues, Expenditures, and change in Fund Balance report thirty (30)
days after the contract expiration date. The final payment of grant funds will be retained
until the statement of Revenues, Expenditures and change in Fund Balance is submitted
to the Grants Management's Office. If the organization has a routine audit done
annually,then the City would request a copy of the audit.
All audits will be received by the City's finance department.
J. The City will keep an audit tracking log that states such information as when each
Subrecipient's fiscal year ends,the audit due date, and the date the City received a copy
of the audit.
SECTION 20. ENVIRONMENTAL CLEARANCE REQUIREMENTS
A. Subrecipient understands and agrees that by execution of this contract Subrecipient shall
be responsible for providing to City all information, concerning this CDBG funded
project,required for City to meet its responsibilities for environmental review, decision
making, and other action which applies to City in accordance with and to the extent
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient further
understands and agrees that Subrecipient shall make all reasonable efforts to assist City in
handling inquiries and complaints from persons and agencies seeking redress in relation
to environmental reviews covered by approved certifications.
SECTION 21. LABOR STANDARDS
A. Davis-Bacon Wage Rates. All laborers and mechanics employed in the rehabilitation of a
project assisted under this contract shall be paid wages at rates not less than those
prevailing on similar rehabilitation in this locality, if such a rate category exists, or the
appropriate rate as determined by the Secretary of Labor in accordance with the
Davis-Bacon Act(40 U.S.C. 276a-5), and contracts involving their employment shall be
subject to the provisions, as applicable, of the Contract Work Hours and Safety Standards
Act(40 U.S.C. 327-333). Construction contractors and subcontractors must comply with
regulations issued under these Acts and with other federal laws and regulations pertaining
to labor standards and HUD Handbook 1334.1 (Federal Labor Standards Compliance in
Housing and Community Development Programs), as applicable.
B. Copeland Anti-Kickback Act. Subrecipient shall comply with all applicable regulations
of the Secretary of Labor, United States Department of Labor, made pursuant to the
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so-called "Copeland Anti-Kickback Act" of June 13, 1934, (48 Stat. 948: 62 Stat. 862;
Title U.S.C., Section 874; and Title 40 U.S.C., Section 276 C), and any amendments or
modifications thereof, and shall cause appropriate provisions to be inserted in any
contracts or subcontracts pursuant to the performances under this contract to ensure
compliance therewith by all contractors and subcontractors thereto.
SECTION 22. SPECIAL CONDITIONS
A. City shall not release any funds for costs incurred by Subrecipient under this contract
until City has received certification from subrecipient that its fiscal control and fund
accounting procedures are adequate to assure proper disbursal of and accounting for
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, all equipment that was purchased with CDBG funds, and all
accounts receivable attributable to the use of funds received under this contract shall
revert to the City. Subrecipient shall return these assets to the City within seven(7)
business days after the date of termination.
D. Displacement, Relocation, and Acquisition. Subrecipient must ensure that it will not
displace persons (families, business and non-profit organizations) as a result of a project
assisted with funds provided under this contract.
SECTION 23. ORAL AND WRITTEN CONTRACTS
A. All oral and written contracts between the parties to this contract relating to the subject
matter of this contract that were made prior to the execution of this contract have been
reduced to writing and are contained in this contract.
B. The attachments enumerated and denominated below are hereby made a part of this
contract, and constitute promised performances by Subrecipient in accordance with
Section 3 of this contract:
1. Exhibit A, Performance Statement
2. Exhibit B, Budget
3. Exhibit C, Project Implementation Schedule
4. Exhibit D, Applicable Laws and Regulations
5. Exhibit E, Certifications
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SECTION 24. VENUE
For purposes of litigation pursuant to this contract, venue shall lie in Jefferson County, Texas.
SECTION 25. ADDRESS OF NOTICE AND COMMUNICATIONS
City of Port Arthur Lion Hearted
Mary E. Essex, Grants Program Adm. Calvin Shepherd Jr., President
444 4th Street P. O. Box 402
Port Arthur, Texas 77640 Port Arthur, Texas 77641
SECTION 26. CAPTIONS
Each paragraph of this contract has been supplied with a caption to serve only as a guide to the
contents. The caption does not control the meaning of any paragraph or in any way determine its
interpretation or application.
SECTION 27. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Subrecipient shall comply with all Federal, State and local laws, statutes, ordinances,rules,
regulations, orders and decrees of any court or administrative body or tribunal related to the
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
SECTION 28. EQUIPMENT
Equipment shall be used by the subgrantee in the program or project for which it was acquired as
long as needed, whether or not the project or program continues to be supported by Federal
funds. When no longer needed for the original program or project,the equipment may be used in
other activities currently or previously supported by a Federal agency.
Property records must be maintained that include a description of the property, a serial number or
other identification number,the source of property,who holds title,the acquisition date, and cost
of the property,percentage of Federal participation in the cost of the property,the location,use
and condition of the property, and any ultimate disposition data including the date of disposal
and sale price of the property.
A control system must be developed to ensure adequate safeguards to prevent loss, damage, or
theft of the property. Any loss, damage, or theft shall be investigated.
Adequate maintenance procedures must be developed to keep the property in good condition.
When the equipment is no longer needed,the subgrantee will request disposition instruction from
the City of Port Arthur.
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APPROVED IN FORM:
Val Tizeno
City Attorney
CITY OF PORT ARTHUR
Ron Burton
City Manager
ATTEST:
Lion Hearted
Sherri Bellard Calvin Shepherd Jr., President
City Secretary
Date
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EXHIBIT A
Performance Statement
Lion Hearted
Subrecipient shall carry out the following activities identified in its 2023 CDBG Application:
The subrecipient shall train approximately five youths in the art of boxing. CDBG will reimburse
the subrecipient for approximately five youths at$710.00 per person. 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 Five Hundred Fifty and No/100 Dollars ($3,550.00) of
contract funds to complete its activities.
Administration
Subrecipient shall utilize its own funds to carry out all project administration activities, including
the cost associated with the required annual program compliance and fiscal audit. It
is further understood that any costs above this contract amount incurred by the Subrecipient for
these activities shall be paid for with private or other funds.
LOW INCOME STATUS
Low-income status shall be the basis for CDBG assistance to children participating in the
Subrecipient's program and said low income shall be determined by establishing the Gross
Family Income of each assisted child's household. Said income status is defined by the U.S.
Department of Housing and Urban Development.
Income, for the purpose of this contract, is defined as the income of the assisted child's parent's
or parent, legal guardian, and any other persons related by blood, marriage, or operation of law
who share the same dwelling unit. Gross Family Income shall be calculated by including the
total family income from all sources before taxes, including the income of the parents
participating in the program but excluding other household members who are minors (under 18
years of age)or full-time students.
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EXHIBIT B
Budget
Lion Hearted
Activity Contract Other TOTAL
Funds Funds FUNDS
1. Tuition $3,550.00 $0.00 $3,550.00
Total Budget $3,550.00 $0.00 $3,550.00
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EXHIBIT C
Project Implementation Schedule
Lion Hearted
CONTRACT START DATE: CONTRACT ENDING DATE:
September 27,2023 September 26, 2024
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EXHIBIT D
The Applicable Laws and Regulations
Subrecipient shall comply with all federal, state, and local laws and regulations applicable to the
activities and performances rendered by Subrecipient under this contract including,but not
limited to,the laws and regulations specified in Section I through IV of this Exhibit D.
CIVIL RIGHTS
The Fair Housing Act(42 U.S.C. 3601-20) and implementing regulations at 24 CFR part
10; Executive Order 11063, as amended by Executive Order 11063, as amended by
Executive Order 12259 (3 CFR, 1958-1963 Comp., 652 and 3 CFR, 1980 Comp.,p. 307)
(Equal Opportunity in Housing and implementing regulations at 24 CFR, Part 107; and
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination on
Federally Assisted Programs) and implementing regulations issued at 24 CFR, Part 1;
Executive Order 11063, as amended by Executive Order 12259, and 24 CFR part 107,
"Nondiscrimination and Equal Opportunity in Housing under Executive order 11063 or
24 CFR, Part 107 shall be a proper basis for the imposition of sanctions specified in 24
CFR 107.60;
The prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR, Part 146, and
the prohibitions against discrimination against handicapped individuals under Section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)and implementing regulations at
24 CFR, Part 8;
The requirements of Executive Orders 1246 (3 CFR 1964-65, Comp.,p. 339)
(Equal Employment Opportunity)and the implementing regulations issued at 4I CFR,
Chapter 60.
The requirements of Executive Orders 11625 and 12432 (concerning Minority Business
Enterprise), and 12138 (concerning Women's Business Enterprise). Consistent with
HUD's responsibilities under these Orders, each applicant must make efforts to encourage
the use of minority and women's business enterprises in connection with HOME funded
activities. Each Contractor must prescribe procedures acceptable to the City to establish
activities to ensure the inclusion,to the maximum extent possible, of minorities and
women, and entities owned by minorities and women. The Contractor/Subcontractor will
be required to identify contracts which have been bid by minority.owned,women owned,
and/or small disadvantaged businesses.
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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.
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EXHIBIT E
Certification Regarding Lobbying for
Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies,to the best of his knowledge and belief,that:
1. No federal appropriated funds have been paid or will be paid,by or on behalf of
the undersigned,to any person for influencing or attempting to influence an
officer or employee of any agency, a member of congress, an officer or employee
of congress, or an employee of a member of congress in connection with the
awarding of any federal contract,the making of any federal grant,the making of
any federal loan,the entering into of any cooperative agreement, or modification
of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a member of congress, an officer or employee of congress, or an
employee of a member of congress in connection with this federal contract, grant,
loan, or cooperative agreement,the undersigned shall complete and submit
standard form -LLL, "Disclosure Form to Report Lobbying", in accordance with
its instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
This certification is material representation of fact which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, Title 31,U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than$100,000 for each such failure.
Signed:
Calvin Shepherd Jr.
Date
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Exhibit #8
(Contract for Non-Profit Subrecipient - Catholic Charities)
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 City Manager, duly authorized by
Resolution of the City Council of the City of Port Arthur, and Catholic Charities of Southeast
Texas, Jefferson County, Texas (hereinafter called "Subrecipient") acting herein by its
President/CEO, duly authorized by its Board of Directors. The parties hereto agree, by the
execution hereof,that they are bound to the mutual obligations and to the performance and
accomplishment of the tasks described herein.
WITNESSETH THAT:
WHEREAS,the Subrecipient operates as a Texas non-profit corporation that
serves the needs of the homeless in the community; and,
WHEREAS,the U.S. Department of Housing and Urban Development(HUD)
has awarded funding to the City in the amount of$1,042,808 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant"); and,
WHEREAS,by the adoption of Resolution 23-206 (authorizing submission of the
2023 Annual Consolidated Plan),the City has obligated itself to provide financial assistance to
South Jefferson County Hospitality Center for services to needy families through a contract with
the Subrecipient; and,
WHEREAS, under the terms of the grant the City must ensure that all applicable
federal requirements are met concerning the disbursement of funds to the Subrecipient; and,
WHEREAS,projects undertaken by the Subrecipient pursuant to this contract
must principally 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:
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SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on September 27,2023, and shall terminate on
September 26,2024, unless otherwise specifically provided by the terms of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
The Subrecipient shall provide one daily meal, seven days a week,to the elderly on fixed
incomes,working poor,temporarily needy, and homeless in Port Arthur at the 3959 Gulfway
Drive location. CDBG funds will reimburse for utility expenses: water, gas, and electricity.
CDBG will only pay the current monthly charges for the utilities. CDBG will not pay late fees
or unpaid charges from previous months. Receipts and copies of canceled checks must be
attached to a reimbursement statement. CDBG will cover the salary for security officers at the
Hospitality Center at the rate of approximately $40/hour. Timesheets and copies of payroll
checks will be required. The Hospitality Center will serve at least 1,080 meals. The
Subrecipient shall perform all activities in accordance with the terms of the Performance
Statement, hereinafter called Exhibit A;the Budget, hereinafter called Exhibit B;the Project
Implementation Schedule,hereinafter called Exhibit C; the Applicable Laws and Regulations,
hereinafter called Exhibit D; the Certifications, hereinafter called Exhibit E; the assurances,
certifications, and all other statements made by the Subrecipient in its application for the project
funded under this contract; and with all other terms,provisions, and requirements set forth in this
contract. It shall be Subrecipient's responsibility to furnish its own accounting services including
clerical, statistical, bookkeeping for expenditures made by Subrecipient in performance of the
obligations herein.
SECTION 4. CITY'S OBLIGATIONS
A. Measure of Liability
In consideration of full and satisfactory performance of the activities referred to in
Section 3 of this contract, City shall be liable for actual and reasonable costs incurred
by the Subrecipient during the contract period for performances rendered under this
contract by Subrecipient, subject to the limitations set forth in this Section 4.
1. It is expressly understood and agreed by the parties hereto that City's obligations
under this Section 4 are contingent upon the actual receipt of adequate federal
funds to meet City's liabilities under this contract. If adequate funds are not
available to make payments under this contract, City shall notify Subrecipient in
writing within a reasonable time after such fact is determined. City shall then
terminate this contract and will not be liable for failure to make payments to
Subrecipient under this contract.
2. City shall not be liable to Subrecipient for any costs incurred by Subrecipient, or
any portion thereof, which has been paid to Subrecipient or is subject to payment
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to Subrecipient, or has been reimbursed to Subrecipient or is subject to
reimbursement to Subrecipient by any source other than City or Subrecipient.
3. City shall not be liable to Subrecipient for any costs incurred by Subrecipient or
for any performances rendered by Subrecipient which are not allowable costs as
set forth in Section 6C of this contract. City assumes no responsibility to
reimburse Subrecipient for any unauthorized expense incurred nor shall
Subrecipient create any deficit in the name of City nor shall Subrecipient assign
any payment due from City to any other party.
4. City shall only disburse funds to Subrecipient upon receipt of original invoices
and copies of canceled checks from suppliers or contractors or other evidences
approved by the City's Grants Management staff. These invoices must be in
accordance with Exhibit B of this contract.
5. City shall not be liable to Subrecipient for any costs incurred by Subrecipient for
any performances rendered by Subrecipient which are not strictly in accordance
with the terms of this contract, including the terms of Exhibit A, Exhibit B,
Exhibit C, Exhibit D, and Exhibit E of this Contract.
6. City shall not be liable for costs incurred or performances rendered by
Subrecipient before commencement of this contract or after termination of this
contract.
B. Limit of Liability
Notwithstanding any other provision under this contract,the total of all payments and
other obligations incurred by City under this contract shall not exceed the sum of
Twenty-Seven Thousand Five Hundred and No/100 Dollars ($27,500.00).
SECTION 5. DISBURSEMENT OF FUNDS
A. City will reimburse only for the salary of security officers and utilities (gas, water, and
electricity)eligible costs incurred under this contract in accordance with the requirements
of 24 CFR 570. Subrecipient may not request disbursement of funds under this contract
until the funds are needed for payment of eligible costs. The amount of each request
must be limited to the amount needed. Each paid salary must submit timesheets with the
signature of the employee and supervisor.
B. It is expressly understood and agreed by the parties hereto that payments under this
contract are contingent upon Subrecipient's full and satisfactory performance of its
obligations under this contract. City reserves the right to recapture funds provided under
this contract in the event that Subrecipient has been unable to commit funds before the
end of this contract period.
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F'
C. It is expressly understood and agreed by the parties hereto that any right or remedy
provided for in this Section 5 or in any other provision of this contract shall not preclude
the exercise of any other right or remedy under this contract or under any provision of
law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver
of any other rights or remedies. Failure to exercise any right or remedy hereunder shall
not constitute a waiver of the right to exercise that or any other right or remedy at any
time.
SECTION 6. UNIFORM ADMINISTRATIVE REQUIREMENTS,
COST PRINCIPLES,AND PROGRAM INCOME
A. Subrecipient shall maintain records of the receipt, accrual, and disposition of all
program income in the same manner as required for all other funds under this contract.
Subrecipient shall provide reports of program income as requested by City and at the
termination of this contract.
B. Subrecipient shall return to City,upon termination of this contract, any unused funds and
any income derived specifically from the use of Community Development Block Grant
(CDBG) funds by Subrecipient. Income to Subrecipient, which is generated as a result of
Subrecipient's use of grant funds, shall be considered program income of City's regular
CDBG Program and must be returned to City.
C. As a non-profit organization, Subrecipient must comply with applicable regulations under
OMB Circular Numbers A-110 and A-122 pursuant to 24 CFR Part 570 and 2 CFR Part
200.
SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS
A. Subrecipient must establish and maintain sufficient records, as determined by City,to
account for the expenditure and use of CDBG funds.
B. Subrecipient shall give the City,the Comptroller of the United States, or any of their duly
authorized representatives, access to and the right to examine all books accounts, records,
reports, files and other papers, things or property belonging to or in use by Subrecipient
pertaining to this contract. Such rights to access shall continue as long as 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:
1. 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.
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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 meals served
and the race of the clients served at the Hospitality Center located at 3959 Gulfway
Drive. The report will be due on the 15th of every month unless the information is
provided with the reimbursement statement. Subrecipient shall provide City with all
reports necessary for City's compliance with 24 CFR Part 570 and 2 CFR Part 200.
B. In addition to the limitations on liability otherwise specified in this contract, it is
expressly understood and agreed by the parties hereto that if Subrecipient fails to submit
to City in a timely and satisfactory manner any report required by this contract, City may,
at its sole discretion,withhold any or all payments otherwise due or requested by
Subrecipient hereunder. If City withholds such payments, it shall notify Subrecipient in
writing of its decision and the reasons therefore. Payments withheld pursuant to this
paragraph may be held by City until such time as the delinquent obligations for which
funds are withheld are fulfilled by Subrecipient.
SECTION 9. MONITORING
The City reserves the right to, from time to time, carry out field inspections to ensure compliance
with the requirements of this contract. Subrecipient shall attend a compliance meeting after the
award of funds and prior to the first draw. After each monitoring visit, City shall provide
Subrecipient with a written report of the monitor's findings. If the monitoring reports note
deficiencies in Subrecipient's performances under the terms of this contract, the monitoring
report shall include requirements for the timely correction of such deficiencies by Subrecipient.
Failure by Subrecipient to take action specified in the monitoring report may be cause for
suspension or termination of this contract, as provided in Sections 17 and 18 of this contract.
The city has adopted the following monitoring system:
1. Perform in house review of Subrecipient's reimbursement requests;
2. Provide each Subrecipient with information on financial management;
3. Provide each Subrecipient with a copy of the monitoring guidelines
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is contracting with
Subrecipient as an Independent Contractor, and that Subrecipient, as such, agrees to hold City
harmless and to indemnify City from and against any and all claims, demands, and causes of
5
action of every kind and character which may be asserted by any third party occurring or in any
way incident to, arising out of, or in connection with the services to be performed by
Subrecipient under this contract.
SECTION 11. SUBCONTRACTS
A. Except for subcontracts to which the federal labor standards requirements apply,
Subrecipient may not subcontract for performances described in this contract without
obtaining City's written approval. Subrecipient shall only subcontract for performances
described in this contract to which federal labor standards requirements apply after
Subrecipient has submitted a Subcontractor Eligibility Form, as specified by City, for
each proposed subcontract, and Subrecipient has obtained City's prior written approval,
based on the information submitted, of Subrecipient's intent to enter into such proposed
subcontract. Subrecipient, in subcontracting for any performances described in this
contract, expressly understands that in entering into such subcontracts, City is in no way
liable to Subrecipient's subcontractor(s).
B. In no event shall any provision of this Section 11, specifically the requirement that
Subrecipient obtain City's prior written approval of a subcontractor's eligibility, be
construed as relieving Subrecipient of the responsibility for ensuring that the
performances rendered under all subcontracts are rendered so as to comply with all terms
of this contract, as if such performances rendered were rendered by Subrecipient. City's
approval under Section 11 does not constitute adoption, ratification, or acceptance of
Subrecipient's or subcontractor's performance hereunder. City maintains the right to
insist upon Contractor's full compliance with the terms of this contract, and by the act of
approval under Section 11, City does not waive any right of action which may exist or
which may subsequently accrue to City under this contract.
C. Subrecipient shall comply with all applicable federal, state, and local laws,
regulations, and ordinances for making procurements under this contract.
SECTION 12. CONFLICT OF INTEREST
No person who(1) is an employee, agent, consultant, officer or elected or appointed official of
the City of Port Arthur or any applicant that receives funds and who exercises or has exercised
any functions or responsibilities with respect to activities assisted with funds provided under this
contract or(2) who is in a position to participate in a decision making process or gain inside
information with regard to such activities may obtain a personal or financial interest or benefit
from a CDBG assisted activity, or have an interest in any contract, subcontract, or agreement(or
proceeds thereof)with respect to a CDBG assisted activity either for themselves or those with
whom they have family or business ties, during their tenure or for one year thereafter.
Subrecipient shall ensure compliance with applicable provisions under 24 CFR 85.36 and OMB
Circular A-110 and 2 CFR Part 200 in the procurement of property and services.
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SECTION 13. NONDISCRIMINATION AND SECTARIAN ACTIVITY
A. Equal Opportunity. Subrecipient shall ensure that no person shall on the grounds of
race, color, religion, sex, handicap, familial status, or national origin be excluded from
participation in,be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds provided under this contract. In
addition, funds provided under this contract must be made available in accordance with
the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701u)that:
1. To the greatest extent feasible, opportunities for training and employment arising
in connection with the planning and carrying out of any project assisted with
CDBG funds provided under this contract be given to low-income persons
residing within the City of Port Arthur; and
2. To the greatest extent feasible, contracts for work to be performed in connection
with any such project be awarded to business concerns, including, but not limited
to, individuals or firms doing business in the field of planning, consulting, design,
architecture,building construction,rehabilitation,maintenance, or repair, which
are located in or owned in substantial part by persons residing in the City of Port
Arthur.
B. Religious Organizations. Funds provided under this contract may not be provided to
primarily religious organizations, such as churches, for any activity including secular
activities. In addition, funds provided under this contract may not be used to rehabilitate
or construct housing owned by primarily religious organizations or to assist primarily
religious organizations in acquiring housing. Funds provided under this contract may not
be used to rehabilitate or construct nonresidential buildings owned by primarily religious
organizations except as provided in Section 22 of this contract. Services provided and
funded under this contract must be for secular purposes and must be available to all
persons regardless of religion. There must be no religious or membership criteria for
either tenants or users of property or services as specified in 24 CFR 92.257 and 24 CFR
Part 570 and 2 CFR Part 200.
SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to enter
into this contract, receive funds authorized by this contract, and to perform the services
Subrecipient has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Subrecipient, or
representing themselves as signing and executing this contract on behalf of Subrecipient,
do hereby warrant and guarantee that he, she or they have been duly authorized by
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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 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.
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C. Any alterations, additions, or deletions to the terms of this contract which are required by
changes in Federal or state law or regulations are automatically incorporated into this
contract without written amendment hereto and shall become effective on the date
designated by such law or regulation.
SECTION 17. SUSPENSION
In the event Subrecipient fails to comply with any terms of this contract, City may, upon written
notification to Subrecipient, suspend this contract in whole or in part and withhold further
payments to Subrecipient, and prohibit Subrecipient from incurring additional obligations of
funds under this contract.
SECTION 18. TERMINATION
The City may terminate this contract in whole or in part, in accordance with 24 CFR 85.43 and
this Section. In the event Subrecipient materially fails as determined by City,to comply with
any term of this contract, whether stated in a Federal statute or regulation, an assurance, in a City
plan or application, a notice of award, or elsewhere, City may take one or more of the following
actions:
1. Temporarily withhold cash payments pending correction of the deficiency by
Subrecipient or take more severe enforcement action against Subrecipient.
2. Disallow all or part of the cost of the activity or action not in compliance.
3. Withhold further CDBG awards from Subrecipient.
4. Take other remedies that may be legally available as determined by the City,to
comply with the terms of this contract, City may terminate this contract for
convenience in accordance with 24 CFR 85.44. This contract may be terminated
at any time when both parties agree that the continuation of the performances
would not produce beneficial results commensurate with further expenditure of
funds. Termination shall occur 30 days after the parties agree to terminate. The
Subrecipient shall not incur any new obligations once an agreement to terminate
is reached and shall cancel all outstanding obligations. The Subrecipient will be
reimbursed for expenses incurred to the date of termination provided grant funds
are available.
SECTION 19. AUDIT
A. Unless otherwise directed by City, Subrecipient shall arrange for the performance of
an annual financial and compliance audit of funds received and performances rendered
under this contract, subject to the following conditions and limitations:
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1. Subrecipient shall have an audit made in accordance with 24 CFR Part 44, or
OMB Circular A-133 and 2 CFR Part 200 for any of its fiscal years included
within the contract period specified in Section 2 of this contract in which the
Subrecipient receives more than$750,000 in Federal financial assistance provided
by a Federal agency in the form of grants, contracts, loans, loan guarantees,
property, cooperative agreements, interest subsidies, insurance or direct
appropriations, but does not include direct federal cash assistance to individuals.
The term includes awards of Federal financial assistance received directly from
federal agencies, or indirectly through other units of State and local government;
2. At the option of Subrecipient, each audit required by this section may cover either
Subrecipient's entire operations or each department, agency, or establishment of
Subrecipient which received, expended, or otherwise administered federal funds;
3. Notwithstanding Section 4(a)(4)and Section 4(a)(5), Subrecipient shall utilize
funds budgeted under this contract to pay for that portion of the cost of such audit
services properly allocable to the activities funded by City under this contract,
provided however that City shall not make payment for the cost of such audit
services until City has received such audit report from Subrecipient;
4. Unless otherwise specifically authorized by City in writing, Subrecipient shall
submit the report of such audit to City within thirty (30) days after completion of
the audit, but no later than nine (9)months after the end of each fiscal period
included within the period of this contract. Audits performed under Subsection A
of this Section 19 are subject to review and resolution by City or its authorized
representative.
5. As a part of its audit, Subrecipient shall verify expenditures according to the
Budget attached as Exhibit B.
B. Notwithstanding Subsection A of this Section 19, City reserves the right to conduct an
annual financial and compliance audit of funds received and performances rendered
under this contract. Subrecipient agrees to permit City or its authorized representative
to audit Subrecipient's records and to obtain any documents, materials, or information
necessary to facilitate such audit.
C. Subrecipient understands and agrees that it shall be liable to City for any costs disallowed
pursuant to financial and compliance audit(s) of funds received under this contract.
Subrecipient further understands and agrees that reimbursement to City of such
disallowed costs shall be paid by Subrecipient from funds which were not provided or
otherwise made available to Subrecipient under this contract.
D. Subrecipient shall take all necessary actions to facilitate the performance of such audit or
audits conducted pursuant to this Section 19 as City may require of Subrecipient.
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E. All approved CDBG audit reports shall be made available for public inspection within 30
days after completion of the audit.
F. Each Subrecipient is required to complete a form that states if the organization receives
$750,000 or more in Federal funding. The completed form will be placed in the
organization's CDBG file.
G. If the organization receives $750,000 or more in Federal funds,then the organization
must have a financial and compliance audit completed and submitted to the City within
thirty (30) days after the completion of the audit, but no later than nine (9) months after
the end of each fiscal period included within the period of its CDBG contract.
H. If the organization receives less than$750,000 in Federal funds, then the City will require
a statement of Revenues, Expenditures and change in Fund Balance report thirty (30)
days after the contract expiration date. Final payment of grant funds will be retained until
the statement of Revenues, Expenditures and change in Fund Balance is submitted to the
Grants Management's Office. If the organization has a routine audit done annually,then
the City would request a copy of the audit.
All audits will be received by the City's financial department.
J. The City will keep an audit tracking log that states such information as when each
Subrecipient's fiscal year ends,the audit due date, and the date the City received a copy
of the audit.
SECTION 20. ENVIRONMENTAL CLEARANCE REQUIREMENTS
A. Subrecipient understands and agrees that by execution of this contract Subrecipient shall
be responsible for providing to City all information, concerning this CDBG funded
project,required for City to meet its responsibilities for environmental review, decision
making, and other action which applies to City in accordance with and to the extent
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient further
understands and agrees that Subrecipient shall make all reasonable efforts to assist City in
handling inquiries and complaints from persons and agencies seeking redress in relation
to environmental reviews covered by approved certifications.
SECTION 21. LABOR STANDARDS
A. Davis-Bacon Wage Rates. All laborers and mechanics employed in the rehabilitation of a
project assisted under this contract shall be paid wages at rates not less than those
prevailing on similar rehabilitation in this locality, if such a rate category exists, or the
appropriate rate as determined by the Secretary of Labor in accordance with the
Davis-Bacon Act(40 U.S.C. 276a-5), and contracts involving their employment shall be
subject to the provisions, as applicable, of the Contract Work Hours and Safety Standards
Act(40 U.S.C. 327-333). Construction contractors and subcontractors, must comply with
regulations issued under these Acts and with other federal laws and regulations pertaining
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to labor standards and HUD Handbook 1334.1 (Federal Labor Standards Compliance in
Housing and Community Development Programs), as applicable.
B. Copeland Anti-Kickback Act. Subrecipient shall comply with all applicable regulations
of the Secretary of Labor, United States Department of Labor,made pursuant to the
so-called "Copeland Anti-Kickback Act" of June 13, 1934, (48 Stat. 948: 62 Stat. 862;
Title U.S.C., Section 874; and Title 40 U.S.C., Section 276 C), and any amendments or
modifications thereof, and shall cause appropriate provisions to be inserted in any
contracts or subcontracts pursuant to the performances under this contract to ensure
compliance therewith by all contractors and subcontractors thereto.
SECTION 22. SPECIAL CONDITIONS
A. City shall not release any funds for costs incurred by Subrecipient under this contract
until City has received certification from Subrecipient that its fiscal control and fund
accounting procedures are adequate to assure proper disbursal of and accounting for
funds provided under this contract. City shall specify the content and form of such
certification.
B. Repayment. Subrecipient agrees that all repayments, including all interest and other
return on the investment of CDBG funds will be made to City. City reserves the right to
permit Subrecipient to retain interest or return on investment of CDBG funds for
additional eligible activities by the Subrecipient.
C. Reversion of Assets. Upon termination of this Contract, all funds remaining on hand on
the date of termination, and all accounts receivable attributable to the use of funds
received under this contract shall revert to City. Subrecipient shall return these assets to
City within seven(7)business days after the date of termination.
D. Displacement, Relocation, and Acquisition. Subrecipient must ensure that it will not
displace persons (families, business and non-profit organizations) as a result of a project
assisted with funds provided under this contract.
SECTION 23. ORAL AND WRITTEN CONTRACTS
A. All oral and written contracts between the parties to this contract relating to the subject
matter of this contract that were made prior to the execution of this contract have been
reduced to writing and are contained in this contract.
B. The attachments enumerated and denominated below are hereby made a part of this
contract, and constitute promised performances by Subrecipient in accordance with
Section 3 of this contract:
1. Exhibit A, Performance Statement
2. Exhibit B, Budget
3. Exhibit C, Project Implementation Schedule
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4. Exhibit D,Applicable Laws and Regulations
5. Exhibit E, Certifications
SECTION 24. VENUE
For purposes of litigation pursuant to this contract, the venue shall lie in Jefferson County,
Texas.
SECTION 25. ADDRESS OF NOTICE AND COMMUNICATIONS
City of Port Arthur Catholic Charities
Mary E. Essex, Grants Program Administrator President/CEO
444 4th Street 2780 Eastex Freeway
Port Arthur, Texas 77640 Beaumont, Texas 77704-0829
SECTION 26. CAPTIONS
Each paragraph of this contract has been supplied with a caption to serve only as a guide to
contents. The caption does not control the meaning of any paragraph or in any way determine its
interpretation or application.
SECTION 27. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Subrecipient shall comply with all Federal, State and local laws, statutes, ordinances, rules,
regulations, orders and decrees of any court or administrative body or tribunal related to the
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
SECTION 28. EQUIPMENT
Equipment shall be used by the subgrantee in the program or project for which it was acquired as
long as needed, whether or not the project or program continues to be supported by Federal
funds. When no longer needed for the original program or project, the equipment may be used in
other activities currently or previously supported by a Federal agency.
Property records must be maintained that include a description of the property, a serial number or
other identification number,the source of property,who holds title,the acquisition date, and cost
of the property,percentage of Federal participation in the cost of the property,the location,use
and condition of the property, and any ultimate disposition data including the date of disposal
and sale price of the property.
A control system must be developed to ensure adequate safeguards to prevent loss, damage, or
theft of the property. Any loss, damage, or theft shall be investigated.
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Adequate maintenance procedures must be developed to keep the property in good condition.
When the equipment is no longer needed, the subgrantee will request disposition instruction from
the City of Port Arthur.
APPROVED IN FORM:
Val Tizeno
City Attorney
CITY OF PORT ARTHUR
Ron Burton
City Manager
ATTEST:
Sherri Bellard
City Secretary
CATHOLIC CHARITIES OF
SOUTHEAST TEXAS
Carolyn Fernandez
President/CEO
Date
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EXHIBIT A
Performance Statement
Catholic Charities of Southeast Texas
Subrecipient shall carry out the following activities identified in its 2023 CDBG Application:
The Subrecipient shall provide one daily meal, seven days a week to the elderly on fixed
incomes,working poor, temporarily needy, and homeless in Port Arthur at the 3959 Gulfway
Drive location. CDBG funds will reimburse for utility expenses: water, gas, and electricity.
CDBG will only pay the current monthly charges for the utilities. CDBG will not pay late fees
or unpaid charges from previous months. Receipts and copies of canceled checks must be
attached to a reimbursement statement. CDBG will cover the salary of a security officer at the
Hospitality Center at the rate of approximately $40/hour. Timesheets and copies of payroll
checks will be required. The Hospitality Center will serve at least 1,080 meals.
Subrecipient shall utilize CDBG funds, in conjunction with Subrecipient's own funds,to provide
hot meals to homeless residents of the City of Port Arthur.
Subrecipient shall utilize Twenty-Seven Thousand Five Hundred and No/100 Dollars
($27,500.00)of contract funds to complete these activities.
ADMINISTRATION
Subrecipient shall utilize its own funds to carry out all project administration activities, including
the cost associated with the required annual program compliance and fiscal audit. It is further
understood that any costs above this contract amount incurred by the Subrecipient for these
activities shall be paid for with private or other funds.
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EXHIBIT B
Budget
Catholic Charities of Southeast Texas
Activity Contract Other TOTAL
Funds Funds FUNDS
1) Security Services $27,500.00 $0.00 $27,500.00
And Utilities
TOTAL FUNDS $27,500.00 $0.00 $27,500.00
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EXHIBIT C
Project Implementation Schedule
Catholic Charities of Southeast Texas
CONTRACT START DATE: CONTRACT ENDING DATE:
September 27,2023 September 26,2024
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EXHIBIT D
The Applicable Laws and Regulations
Subrecipient shall comply with all federal, state, and local laws and regulations applicable to the
activities and performances rendered by Subrecipient under this contract including,but not
limited to, the laws and regulations specified in Section I through IV of this Exhibit D.
CIVIL RIGHTS
The Fair Housing Act(42 U.S.C. 3601-20) and implementing regulations at 24 CFR part
10; Executive Order 11063, as amended by Executive Order 11063, as amended by
Executive Order 12259 (3 CFR, 1958-1963 Comp., 652 and 3 CFR, 1980 Comp., p. 307)
(Equal Opportunity in Housing and implementing regulations at 24 CFR, Part 107; and
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination on
Federally Assisted Programs) and implementing regulations issued at 24 CFR, Part 1;
Executive Order 11063, as amended by Executive Order 12259, and 24 CFR part 107,
"Nondiscrimination and Equal Opportunity in Housing under Executive order 11063 or
24 CFR, Part 107 shall be a proper basis for the imposition of sanctions specified in 24
CFR 107.60;
The prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975 (42 U.S.C. 6101-07)and implementing regulations at 24 CFR, Part 146, and
the prohibitions against discrimination against handicapped individuals under Section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at
24 CFR, Part 8;
The requirements of Executive Orders 1246 (3 CFR 1964-65, Comp., p. 339) (Equal
Employment Opportunity)and the implementing regulations issued at 4I CFR,
Chapter 60.
The requirements of Executive Orders 11625 and 12432 (concerning Minority Business
Enterprise), and 12138 (concerning Women's Business Enterprise). Consistent with
HUD's responsibilities under these Orders, each applicant must make efforts to encourage
the use of minority and women's business enterprises in connection with HOME funded
activities. Each Contractor must prescribe procedures acceptable to the City to establish
activities to ensure the inclusion,to the maximum extent possible, of minorities and
women, and entities owned by minorities and women. The Contractor/Subcontractor will
be required to identify contracts which have been bid by minority owned, women owned,
and/or small disadvantaged businesses.
The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.);
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Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and
"Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of
the Department of Housing and Urban Development", 24 CFR, Part 8. By signing this
contract, Contractor understands and agrees that the activities funded herein shall be
operated in accordance with 24 CFR, Part 8; and the Architectural Barriers Act of 1968
(42 U.S.C., Section 4151 et. seq.), including the use of a telecommunications device for
deaf persons (TDDs) or equally effective communication system.
II. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
24 CFR Part 51, Environmental Criteria and Standards.
19
EXHIBIT E
Certification Regarding Lobbying for
Contracts, Grants,Loans, and Cooperative Agreements
The undersigned certifies,to the best of his knowledge and belief,that:
1. No federal appropriated funds have been paid or will be paid,by or on behalf of
the undersigned,to any person for influencing or attempting to influence an
officer or employee of any agency, a member of congress, an officer or employee
of congress, or an employee of a member of congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of
any federal loan,the entering into of any cooperative agreement, or modification
of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a member of congress, an officer or employee of congress, or an
employee of a member of congress in connection with this federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
standard form -LLL, "Disclosure Form to Report Lobbying", in accordance with
its instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
This certification is material representation of fact which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than$100,000 for each such failure.
Signed:
President/CEO
Catholic Charities of Southeast Texas
Date
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Exhibit #9
(Contract for Non-Profit Subrecipient- Court Appointed Special Advocates)
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 City Manager, duly authorized by
Resolution of the City Council of the City of Port Arthur, and Court Appointed Special
Advocates (CASA) for Children of Southeast Texas, Inc. Texas, Jefferson County, Texas
(hereinafter called "Subrecipient") acting herein by its President/CEO, duly authorized by its
Board of Directors. The parties hereto agree, by the execution hereof,that they are bound to the
mutual obligations and to the performance and accomplishment of the tasks described herein.
WITNESSETH THAT:
WHEREAS, the Subrecipient operates as a Texas nonprofit service organization
that recruits,trains, and supervises a diverse group of community volunteers appointed by the
courts to advocate for abused and neglected children in pursuit of a safe,permanent home; and,
WHEREAS,the U.S. Department of Housing and Urban Development(HUD)
has awarded funding to the City in the amount of$1,042,808 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant"); and,
WHEREAS, by the adoption of Resolution 23-206 (authorizing submission of the
2023 Annual Consolidated Plan)the City has obligated itself to provide financial assistance to
CASA for services to needy individuals 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:
1
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on September 27,2023, and shall terminate on
September 26,2024, unless otherwise specifically provided by the terms of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
The Subrecipient shall be a non-profit service organization that recruits,trains and supervises a
diverse group of community volunteers appointed by the courts to advocate for abused and
neglected children in pursuit of a safe, permanent home. CDBG will reimburse the salary of a
Collaborative Family Engagement Coordinator(approximate rate of$18.51 per hour). The
Collaborative Family Engagement Coordinator will service children who live in Port Arthur and
are in the foster care system. Timesheets and copies of payroll checks will be required.
Approximately seven children will receive assistance. 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, and
bookkeeping for expenditures made by Subrecipient in performance of the obligations herein.
SECTION 4. CITY'S OBLIGATIONS
A. Measure of Liability
In consideration of full and satisfactory performance of the activities referred to in
Section 3 of this contract, City shall be liable for actual and reasonable costs incurred
by the Subrecipient during the contract period for performances rendered under this
contract by Subrecipient, subject to the limitations set forth in this Section 4.
1. It is expressly understood and agreed by the parties hereto that City's obligations
under this Section 4 are contingent upon the actual receipt of adequate federal
funds to meet City's liabilities under this contract. If adequate funds are not
available to make payments under this contract, City shall notify Subrecipient in
writing within a reasonable time after such fact is determined. City shall then
terminate this contract and will not be liable for failure to make payments to
Subrecipient under this contract.
2. City shall not be liable to Subrecipient for any costs incurred by Subrecipient, or
any portion thereof, which has been paid to Subrecipient or is subject to payment
to Subrecipient or has been reimbursed to Subrecipient or is subject to
reimbursement to Subrecipient by any source other than City or Subrecipient.
2
3. City shall not be liable to Subrecipient for any costs incurred by Subrecipient or
for any performances rendered by Subrecipient which are not allowable costs as
set forth in Section 6C of this contract. City assumes no responsibility to
reimburse Subrecipient for any unauthorized expense incurred nor shall
Subrecipient create any deficit in the name of City nor shall Subrecipient assign
any payment due from City to any other party.
4. City shall only disburse funds to Subrecipient upon receipt of original invoices,
timesheets, and copies of canceled checks from suppliers or contractors or other
evidences approved by the City's Grants Management staff. These invoices must
be in accordance with Exhibit B of this contract.
5. City shall not be liable to Subrecipient for any costs incurred by Subrecipient for
any performances rendered by Subrecipient which are not strictly in accordance
with the terms of this contract, including the terms of Exhibit A, Exhibit B,
Exhibit C, Exhibit D, and Exhibit E of this Contract.
6. City shall not be liable for costs incurred or performances rendered by
Subrecipient before commencement of this contract or after termination of this
contract.
B. Limit of Liability
Notwithstanding any other provision under this contract,the total of all payments and
other obligations incurred by City under this contract shall not exceed the sum of Twelve
Thousand Five Hundred and No/100 Dollars ($12,500.00).
SECTION 5. DISBURSEMENT OF FUNDS
A. City will reimburse only for the salary of a Collaborative Family Engagement
Coordinator as eligible costs incurred under this contract in accordance with the
requirements of 24 CFR 570. Subrecipient may not request disbursement of funds under
this contract until the funds are needed for payment of eligible costs. The amount of each
request must be limited to the amount needed. Each paid salary must submit timesheets
with the signature of the employee and supervisor and copy of canceled checks.
Information(name, race, etc.) on the clients served is required monthly.
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
3
law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver
of any other rights or remedies. Failure to exercise any right or remedy hereunder shall
not constitute a waiver of the right to exercise that or any other right or remedy at any
time.
SECTION 6. UNIFORM ADMINISTRATIVE REQUIREMENTS,
COST PRINCIPLES,AND PROGRAM INCOME
A. Subrecipient shall maintain records of the receipt, accrual, and disposition of all
program income in the same manner as required for all other funds under this contract.
Subrecipient shall provide reports of program income as requested by City and at the
termination of this contract.
B. Subrecipient shall return to City, upon termination of this contract, any unused funds and
any income derived specifically from the use of Community Development Block Grant
(CDBG) funds by Subrecipient. Income to Subrecipient, which is generated as a result of
Subrecipient's use of grant funds, shall be considered program income of City's regular
CDBG Program and must be returned to City.
C. As a non-profit organization, Subrecipient must comply with applicable regulations under
OMB Circular Numbers A-110 and A-122 pursuant to 24 CFR Part 570 and 2 CFR Part
200.
SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS
A. Subrecipient must establish and maintain sufficient records, as determined by City, to
account for the expenditure and use of CDBG funds.
B. Subrecipient shall give the City,the Comptroller of the United States, or any of their duly
authorized representatives, access to and the right to examine all books accounts, records,
reports, files and other papers,things or property belonging to or in use by Subrecipient
pertaining to this contract. Such rights to access shall continue as long as 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:
1. 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.
4
SECTION 8. REPORTING REQUIREMENTS
A. Subrecipient shall submit to the City, a monthly report on the number of children served
along with their race. The report will be due on the 15th of every month unless the
information is provided with the reimbursement statement. Subrecipient shall provide
City with all reports necessary for City's compliance with 24 CFR Part 570 and 2 CFR
Part 200.
B. In addition to the limitations on liability otherwise specified in this contract, it is
expressly understood and agreed by the parties hereto that if Subrecipient fails to submit
to City in a timely and satisfactory manner any report required by this contract, City may,
at its sole discretion, withhold any or all payments otherwise due or requested by
Subrecipient hereunder. If City withholds such payments, it shall notify Subrecipient in
writing of its decision and the reasons therefore. Payments withheld pursuant to this
paragraph may be held by City until such time as the delinquent obligations for which
funds are withheld are fulfilled by Subrecipient.
SECTION 9. MONITORING
The City reserves the right to, from time to time, carry out field inspections to ensure compliance
with the requirements of this contract. Subrecipient shall attend a compliance meeting after the
award of funds and prior to the first draw. After each monitoring visit, City shall provide
Subrecipient with a written report of the monitor's findings. If the monitoring reports note
deficiencies in Subrecipient's performances under the terms of this contract,the monitoring
report shall include requirements for the timely correction of such deficiencies by Subrecipient.
Failure by Subrecipient to take action specified in the monitoring report may be cause for
suspension or termination of this contract, as provided in Sections 17 and 18 of this contract.
The city has adopted the following monitoring system:
1. Perform in house review of Subrecipient's reimbursement requests;
2. Provide each Subrecipient with information on financial management;
3. Provide each Subrecipient with a copy of the monitoring guidelines
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is contracting with
Subrecipient as an Independent Contractor, and that Subrecipient, as such, agrees to hold City
harmless and to indemnify City from and against any and all claims, demands, and causes of
action of every kind and character which may be asserted by any third party occurring or in any
way incident to, arising out of, or in connection with the services to be performed by
Subrecipient under this contract.
5
SECTION 11. SUBCONTRACTS
A. Except for subcontracts to which the federal labor standards requirements apply,
Subrecipient may not subcontract for performances described in this contract without
obtaining City's written approval. Subrecipient shall only subcontract for performances
described in this contract to which federal labor standards requirements apply after
Subrecipient has submitted a Subcontractor Eligibility Form, as specified by City, for
each proposed subcontract, and Subrecipient has obtained City's prior written approval,
based on the information submitted, of Subrecipient's intent to enter into such proposed
subcontract. Subrecipient, in subcontracting for any performances described in this
contract, expressly understands that in entering into such subcontracts, City is in no way
liable to Subrecipient's subcontractor(s).
B. In no event shall any provision of this Section 11, specifically the requirement that
Subrecipient obtain City's prior written approval of a subcontractor's eligibility, be
construed as relieving Subrecipient of the responsibility for ensuring that the
performances rendered under all subcontracts are rendered so as to comply with all terms
of this contract, as if such performances rendered were rendered by Subrecipient. City's
approval under Section 11 does not constitute adoption,ratification, or acceptance of
Subrecipient's or subcontractor's performance hereunder. City maintains the right to
insist upon Contractor's full compliance with the terms of this contract, and by the act of
approval under Section 11, City does not waive any right of action which may exist or
which may subsequently accrue to City under this contract.
C. Subrecipient shall comply with all applicable federal, state, and local laws,
regulations, and ordinances for making procurements under this contract.
SECTION 12. CONFLICT OF INTEREST
No person who (1) is an employee, agent, consultant, officer or elected or appointed official of
the City of Port Arthur or any applicant that receives funds and who exercises or has exercised
any functions or responsibilities with respect to activities assisted with funds provided under this
contract or(2)who is in a position to participate in a decision-making process or gain inside
information with regard to such activities may obtain a personal or financial interest or benefit
from a CDBG assisted activity, or have an interest in any contract, subcontract, or agreement(or
proceeds thereof)with respect to a CDBG assisted activity either for themselves or those with
whom they have family or business ties, during their tenure or for one year thereafter.
Subrecipient shall ensure compliance with applicable provisions under 24 CFR 85.36 and OMB
Circular A-110 and 2 CFR Part 200 in the procurement of property and services.
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SECTION 13. NONDISCRIMINATION AND SECTARIAN ACTIVITY
A. Equal Opportunity. Subrecipient shall ensure that no person shall on the grounds of
race, color, religion, sex, handicap, familial status, or national origin be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds provided under this contract. In
addition, funds provided under this contract must be made available in accordance with
the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701u)that:
1. To the greatest extent feasible, opportunities for training and employment arising
in connection with the planning and carrying out of any project assisted with
CDBG funds provided under this contract be given to low-income persons
residing within the City of Port Arthur; and
2. To the greatest extent feasible, contracts for work to be performed in connection
with any such project be awarded to business concerns, including, but not limited
to, individuals or firms doing business in the field of planning, consulting, design,
architecture,building construction,rehabilitation, maintenance, or repair, which
are located in or owned in substantial part by persons residing in the City of Port
Arthur.
B. Religious Organizations. Funds provided under this contract may not be provided to
primarily religious organizations, such as churches, for any activity including secular
activities. In addition, funds provided under this contract may not be used to rehabilitate
or construct housing owned by primarily religious organizations or to assist primarily
religious organizations in acquiring housing. Funds provided under this contract may not
be used to rehabilitate or construct nonresidential buildings owned by primarily religious
organizations except as provided in Section 22 of this contract. Services provided and
funded under this contract must be for secular purposes and must be available to all
persons regardless of religion. There must be no religious or membership criteria for
either tenants or users of property or services as specified in 24 CFR 92.257 and 24 CFR
Part 570 and 2 CFR Part 200.
SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to enter
into this contract, receive funds authorized by this contract, and to perform the services
Subrecipient has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Subrecipient, or
representing themselves as signing and executing this contract on behalf of Subrecipient,
do hereby warrant and guarantee that he, she or they have been duly authorized by
Subrecipient to execute this contract on behalf of Subrecipient and to validly and legally
bind Subrecipient to all terms,performances, and provisions herein set forth.
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C. Subrecipient shall not employ, award contract to, or fund any person that has been
debarred, suspended,proposed for debarment, or placed on ineligibility status by the U.S.
Department of Housing and Urban Development. In addition, City shall have the right to
suspend or terminate this contract if Subrecipient is debarred, proposed for debarment, or
ineligible from participating in the CDBG Program.
SECTION 15. LITIGATION AND CLAIMS
Subrecipient shall give City immediate notice in writing of 1)any action, including any
proceeding before an administrative agency filed against Subrecipient in connection with this
contract; and 2)any claim against Subrecipient,the cost and expense of which Subrecipient may
be entitled to be reimbursed by City. Except as otherwise directed by City, Subrecipient shall
furnish immediately to City copies of all pertinent papers received by Subrecipient with respect
to such action or claim.
SECTION 16. CHANGES AND AMENDMENTS
A. Except as specifically provided otherwise in this contract, any alterations, additions, or
deletions to the terms of this contract shall be by amendment hereto in writing and
executed by both parties to this contract.
B. It is understood and agreed by the parties hereto that performances under this contract
must be rendered in accordance with the Act, the regulations promulgated under the Act,
the assurances and certifications made to City by Subrecipient, and the assurances and
certifications made to the United States Department of Housing and Urban Development
by the City of Port Arthur with regard to the operation of the City's CDBG Program.
Based on these considerations, and in order to ensure the legal and effective performance
of this contract by both parties, it is agreed by the parties hereto that the performances
under this contract are by the provisions of the CDBG Program and any amendments
thereto and may further be amended in the following manner: City may from time to
time during the period of performance of this contract issue policy directives which serve
to establish, interpret, or clarify performance requirements under this contract. Such
policy directives shall be promulgated by the City Manager when authorized by the City
Council of Port Arthur in the form of CDBG issuances shall have the effect of qualifying
the terms of this contract and shall be binding upon Subrecipient, as if written herein,
provided however that said policy directives and any amendments to the City's CDBG
Program shall not alter the terms of this contract so as to release City of any obligation
specified in Section 4 of this contract to reimburse costs incurred by Subrecipient prior to
the effective date of said amendments or policy directives.
C. Any alterations, additions, or deletions to the terms of this contract which are required by
changes in Federal or state law or regulations are automatically incorporated into this
contract without written amendment hereto, and shall become effective on the date
designated by such law or regulation.
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SECTION 17. SUSPENSION -
In the event Subrecipient fails to comply with any terms of this contract, City may, upon written
notification to Subrecipient, suspend this contract in whole or in part and withhold further
payments to Subrecipient,and prohibit Subrecipient from incurring additional obligations of
funds under this contract.
SECTION 18. TERMINATION
The City may terminate this contract in whole or in part, in accordance with 24 CFR 85.43 and
this Section. In the event Subrecipient materially fails as determined by City,to comply with
any term of this contract, whether stated in a Federal statute or regulation, an assurance, in a City
plan or application, a notice of award, or elsewhere, City may take one or more of the following
actions:
1. Temporarily withhold cash payments pending correction of the deficiency by
Subrecipient or take more severe enforcement action against Subrecipient.
2. Disallow all or part of the cost of the activity or action not in compliance.
3. Withhold further CDBG awards from Subrecipient.
4. Take other remedies that may be legally available as determined by the City,to
comply with the terms of this contract, City may terminate this contract for
convenience in accordance with 24 CFR 85.44. This contract may be terminated
at any time when both parties agree that the continuation of the performances
would not produce beneficial results commensurate with further expenditure of
funds. Termination shall occur 30 days after the parties agree to terminate. The
Subrecipient shall not incur any new obligations once an agreement to terminate
is reached and shall cancel all outstanding obligations. The Subrecipient will be
reimbursed for expenses incurred to the date of termination provided grant funds
are available.
SECTION 19. AUDIT
A. Unless otherwise directed by City, Subrecipient shall arrange for the performance of
an annual financial and compliance audit of funds received and performances rendered
under this contract, subject to the following conditions and limitations:
1. Subrecipient shall have an audit made in accordance with 24 CFR Part 44, or
OMB Circular A-133 and 2 CFR Part 200 for any of its fiscal years included
within the contract period specified in Section 2 of this contract in which the
Subrecipient receives more than$750,000 in Federal financial assistance provided
by a Federal agency in the form of grants, contracts, loans, loan guarantees,
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property, cooperative agreements, interest subsidies, insurance or direct
appropriations, but does not include direct federal cash assistance to individuals.
The term includes awards of Federal financial assistance received directly from
federal agencies, or indirectly through other units of State and local government;
2. At the option of Subrecipient, each audit required by this section may cover either
Subrecipient's entire operations or each department, agency, or establishment of
Subrecipient which received, expended, or otherwise administered federal funds;
3. Notwithstanding Section 4(a)(4)and Section 4(a)(5), Subrecipient shall utilize
funds budgeted under this contract to pay for that portion of the cost of such audit
services properly allocable to the activities funded by City under this contract,
provided however that City shall not make payment for the cost of such audit
services until City has received such audit report from Subrecipient;
4. Unless otherwise specifically authorized by City in writing, Subrecipient shall
submit the report of such audit to City within thirty (30) days after completion of
the audit, but no later than nine (9)months after the end of each fiscal period
included within the period of this contract. Audits performed under Subsection A
of this Section 19 are subject to review and resolution by City or its authorized
representative.
5. As a part of its audit, Subrecipient shall verify expenditures according to the
Budget attached as Exhibit B.
B. Notwithstanding Subsection A of this Section 19, City reserves the right to conduct an
annual financial and compliance audit of funds received and performances rendered
under this contract. Subrecipient agrees to permit City or its authorized representative
to audit Subrecipient's records and to obtain any documents, materials, or information
necessary to facilitate such audit.
C. Subrecipient understands and agrees that it shall be liable to City for any costs disallowed
pursuant to financial and compliance audit(s)of funds received under this contract.
Subrecipient further understands and agrees that reimbursement to City of such
disallowed costs shall be paid by Subrecipient from funds which were not provided or
otherwise made available to Subrecipient under this contract.
D. Subrecipient shall take all necessary actions to facilitate the performance of such audit or
audits conducted pursuant to this Section 19 as City may require of Subrecipient.
E. All approved CDBG audit reports shall be made available for public inspection within 30
days after completion of the audit.
F. Each Subrecipient is required to complete a form that states if the organization receives
$750,000 or more in Federal funding. The completed form will be placed in the
organization's CDBG file.
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G. If the organization receives $750,000 or more in Federal funds, then the organization
must have a financial and compliance audit completed and submitted to the City within
thirty (30) days after the completion of the audit,but no later than nine (9) months after
the end of each fiscal period included within the period of its CDBG contract.
H. If the organization receives less than $750,000 in Federal funds, then the City will require
a statement of Revenues, Expenditures and change in Fund Balance report thirty (30)
days after the contract expiration date. Final payment of grant funds will be retained until
the statement of Revenues, Expenditures and change in Fund Balance is submitted to the
Grants Management's Office. If the organization has a routine audit done annually,then
the City would request a copy of the audit.
All audits will be received by the City's financial department.
J. The City will keep an audit tracking log that states such information as when each
Subrecipient's fiscal year ends,the audit due date, and the date the City received a copy
of the audit.
SECTION 20. ENVIRONMENTAL CLEARANCE REQUIREMENTS
A. Subrecipient understands and agrees that by execution of this contract Subrecipient shall
be responsible for providing to City all information, concerning this CDBG funded
project, required for City to meet its responsibilities for environmental review, decision
making, and other action which applies to City in accordance with and to the extent
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient further
understands and agrees that Subrecipient shall make all reasonable efforts to assist City in
handling inquiries and complaints from persons and agencies seeking redress in relation
to environmental reviews covered by approved certifications.
SECTION 21. LABOR STANDARDS
A. Davis-Bacon Wage Rates. All laborers and mechanics employed in the rehabilitation of a
project assisted under this contract shall be paid wages at rates not less than those
prevailing on similar rehabilitation in this locality, if such a rate category exists, or the
appropriate rate as determined by the Secretary of Labor in accordance with the
Davis-Bacon Act(40 U.S.C. 276a-5), and contracts involving their employment shall be
subject to the provisions, as applicable, of the Contract Work Hours and Safety Standards
Act(40 U.S.C. 327-333). Construction contractors and subcontractors,must comply with
regulations issued under these Acts and with other federal laws and regulations pertaining
to labor standards and HUD Handbook 1334.1 (Federal Labor Standards Compliance in
Housing and Community Development Programs),as applicable.
B. Copeland Anti-Kickback Act. Subrecipient shall comply with all applicable regulations
of the Secretary of Labor, United States Department of Labor, made pursuant to the
so-called "Copeland Anti-Kickback Act" of June 13, 1934, (48 Stat. 948: 62 Stat. 862;
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Title U.S.C., Section 874; and Title 40 U.S.C., Section 276 C), and any amendments or
modifications thereof, and shall cause appropriate provisions to be inserted in any
contracts or subcontracts pursuant to the performances under this contract to ensure
compliance therewith by all contractors and subcontractors thereto.
SECTION 22. SPECIAL CONDITIONS
A. City shall not release any funds for costs incurred by Subrecipient under this contract
until City has received certification from Subrecipient that its fiscal control and fund
accounting procedures are adequate to assure proper disbursal of and accounting for
funds provided under this contract. City shall specify the content and form of such
certification.
B. Repayment. Subrecipient agrees that all repayments, including all interest and other
return on the investment of CDBG funds will be made to City. City reserves the right to
permit Subrecipient to retain interest or return on investment of CDBG funds for
additional eligible activities by the Subrecipient.
C. Reversion of Assets. Upon termination of this Contract, all funds remaining on hand on
the date of termination, and all accounts receivable attributable to the use of funds
received under this contract shall revert to City. Subrecipient shall return these assets to
City within seven(7)business days after the date of termination.
D. Displacement, Relocation, and Acquisition. Subrecipient must ensure that it will not
displace persons (families, business and non-profit organizations) as a result of a project
assisted with funds provided under this contract.
SECTION 23. ORAL AND WRITTEN CONTRACTS
A. All oral and written contracts between the parties to this contract relating to the subject
matter of this contract that were made prior to the execution of this contract have been
reduced to writing and are contained in this contract.
B. The attachments enumerated and denominated below are hereby made a part of this
contract, and constitute promised performances by Subrecipient in accordance with
Section 3 of this contract:
1. Exhibit A, Performance Statement
2. Exhibit B, Budget
3. Exhibit C, Project Implementation Schedule
4. Exhibit D, Applicable Laws and Regulations
5. Exhibit E, Certifications
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SECTION 24. VENUE
For purposes of litigation pursuant to this contract, the venue shall lie in Jefferson County,
Texas.
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SECTION 25. ADDRESS OF NOTICE AND COMMUNICATIONS
City of Port Arthur Court Appointed Special Advocates for Children
Mary E. Essex, Grants Program Adm. Liz Woods, Executive Director
444 4th Street 2449 Calder
Port Arthur, Texas 77640 Beaumont, Texas 77702
SECTION 26. CAPTIONS
Each paragraph of this contract has been supplied with a caption to serve only as a guide to
contents. The caption does not control the meaning of any paragraph or in any way determine its
interpretation or application.
SECTION 27. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Subrecipient shall comply with all Federal, State and local laws, statutes, ordinances,rules,
regulations, orders and decrees of any court or administrative body or tribunal related to the
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
SECTION 28. EQUIPMENT
Equipment shall be used by the subgrantee in the program or project for which it was acquired as
long as needed, whether or not the project or program continues to be supported by Federal
funds. When no longer needed for the original program or project,the equipment may be used in
other activities currently or previously supported by a Federal agency.
Property records must be maintained that include a description of the property, a serial number or
other identification number, the source of property, who holds title, the acquisition date, and cost
of the property, percentage of Federal participation in the cost of the property,the location,use
and condition of the property, and any ultimate disposition data including the date of disposal
and sale price of the property.
A control system must be developed to ensure adequate safeguards to prevent loss, damage. or
theft of the property. Any loss, damage, or theft shall be investigated.
Adequate maintenance procedures must be developed to keep the property in good condition.
When the equipment is no longer needed, the subgrantee will request disposition instruction from
the City of Port Arthur.
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APPROVED AS TO FORM:
Val Tizeno
City Attorney
CITY OF PORT ARTHUR
Ron Burton
City Manager
ATTEST:
Sherri Bellard
City Secretary
Court Appointed Special Advocates
Liz Woods
Executive Director
Date
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EXHIBIT A
Performance Statement
Court Appointed Special Advocates of Southeast Texas,Inc.
Subrecipient shall carry out the following activities identified in its 2023 CDBG Application:
The Subrecipient shall is a non-profit service organization that recruits, trains, and supervises a
diverse group of community volunteers appointed by the courts to advocate for abused and
neglected children in pursuit of a safe,permanent home. CDBG will reimburse the salary of a
Collaborative Family Engagement Coordinator(approximate rate of$18.51 per hour). The
Collaborative Family Engagement Coordinator will service children that live in Port Arthur and
is in the foster care system. Timesheets and copies of payroll checks will be required.
Approximately, 6 children will receive assistance.
Subrecipient shall utilize CDBG funds, in conjunction with Subrecipient's own funds,to serve
children living in Port Arthur that are in the foster care program.
Subrecipient shall utilize Twelve-Thousand Five Hundred and No/100 Dollars ($12,500.00) of
contract funds to complete these activities.
ADMINISTRATION
Subrecipient shall utilize its own funds to carry out all project administration activities, including
the cost associated with the required annual program compliance and fiscal audit. It is further
understood that any costs above this contract amount incurred by the Subrecipient for these
activities shall be paid for with private or other funds.
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EXHIBIT B
Budget
Court Appointed Special Advocates of Southeast Texas, Inc.
Activity Contract Other TOTAL
Funds Funds FUNDS
1) Collaborative Family $12,500.00 $0.00 $12,500.00
Engagement Coordinator
Salary
TOTAL FUNDS $12,500.00 $0.00 $12,500.00
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EXHIBIT C
Project Implementation Schedule
Court Appointed Special Advocates of Southeast Texas, Inc.
CONTRACT START DATE: CONTRACT ENDING DATE:
September 27, 2023 September 26, 2024
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EXHIBIT D
The Applicable Laws and Regulations
Subrecipient shall comply with all federal, state, and local laws and regulations applicable to the
activities and performances rendered by Subrecipient under this contract including, but not
limited to, the laws and regulations specified in Section I through IV of this Exhibit D.
CIVIL RIGHTS
The Fair Housing Act(42 U.S.C. 3601-20) and implementing regulations at 24 CFR part
10; Executive Order 11063, as amended by Executive Order 11063, as amended by
Executive Order 12259 (3 CFR, 1958-1963 Comp., 652 and 3 CFR, 1980 Comp., p. 307)
(Equal Opportunity in Housing and implementing regulations at 24 CFR, Part 107; and
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination on
Federally Assisted Programs)and implementing regulations issued at 24 CFR, Part 1;
Executive Order 11063, as amended by Executive Order 12259, and 24 CFR part 107,
"Nondiscrimination and Equal Opportunity in Housing under Executive order 11063 or
24 CFR, Part 107 shall be a proper basis for the imposition of sanctions specified in 24
CFR 107.60;
The prohibition against discrimination on the basis of age under the Age Discrimination
Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR, Part 146, and
the prohibitions against discrimination against handicapped individuals under Section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at
24 CFR, Part 8;
The requirements of Executive Orders 1246 (3 CFR 1964-65, Comp.,p. 339) (Equal
Employment Opportunity) and the implementing regulations issued at 41 CFR,
Chapter 60.
The requirements of Executive Orders 11625 and 12432 (concerning Minority Business
Enterprise), and 12138 (concerning Women's Business Enterprise). Consistent with
HUD's responsibilities under these Orders, each applicant must make efforts to encourage
the use of minority and women's business enterprises in connection with HOME funded
activities. Each Contractor must prescribe procedures acceptable to the City to establish
activities to ensure the inclusion,to the maximum extent possible, of minorities and
women, and entities owned by minorities and women. The Contractor/Subcontractor will
be required to identify contracts which have been bid by minority owned, women owned,
and/or small disadvantaged businesses.
The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.);
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Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and
"Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of
the Department of Housing and Urban Development", 24 CFR, Part 8. By signing this
contract, Contractor understands and agrees that the activities funded herein shall be
operated in accordance with 24 CFR, Part 8; and the Architectural Barriers Act of 1968
(42 U.S.C., Section 4151 et. seq.), including the use of a telecommunications device for
deaf persons(TDDs) or equally effective communication system.
II. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
24 CFR Part 51, Environmental Criteria and Standards.
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EXHIBIT E
Certification Regarding Lobbying for
Contracts, Grants,Loans, and Cooperative Agreements
The undersigned certifies,to the best of his knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned,to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or employee
of congress, or an employee of a member of congress in connection with the
awarding of any federal contract,the making of any federal grant,the making of
any federal loan,the entering into of any cooperative agreement, or modification
of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federally appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or employee of Congress, or an
employee of a member of congress in connection with this federal contract, grant,
loan, or cooperative agreement,the undersigned shall complete and submit
standard form -LLL, "Disclosure Form to Report Lobbying", in accordance with
its instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
This certification is material representation of fact which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than$100,000 for each such failure.
Signed:
Executive Director
Court Appointed Special Advocates
Date
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