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HomeMy WebLinkAboutPR 15542: TDHCA HURRICANE IKE DISASTER RECOVERY PROGRAM AGREEMENTINTEROFFICE MEMORANDUM HOUSING ASSISTANCE PROGRAMS To: Steve Fitzgibbons, City Manager Fiom: Mike Mason, Neighborhood and Community Deve%pment Man cry Date: Tuesday, October 13, 2009 Re: P.R. 15542 RECOMMENDATION: I recommend City Council adopt Proposed Resolution 15542 authorizing an interlocal agreement for the Texas Department of Housing and Community Affairs (TONGA) Hurricane Ike Disaster Recovery Program. BACKGROUND: The City of Port Arthur is implementing a Community Development Block Grant (CDBG) Disaster Recovery Program that is governed by the Texas Department of Housing and Community Affairs, (TONGA). The CDBG Disaster Recovery Program is designed to provide assistance to persons and families who are at 80% of the Median Family Area Income and below with unmet housing needs resulting from Hurricane Ike, eliminate safety and health hazards resulting from Hurricane Ike in eligible homes and communities and preserve and improve the community's housing stock. A contract and agreement is made and entered into by and between the South East Texas Regional Planning Commission, (SEIRPC) and City of Port Arthur, utilizing Texas Department of Housing and Community Affairs, (TONGA) Disaster Recovery Program funds for the purpose of administering the CDBG Hurricane Ike Disaster Program. The Community Development Block Grant (CDBG) Hurricane Ike Program was legislated to assist individuals and families who meet one of the three national objectives (i.e. Low or Moderate Income, Urgent Need, and Slum and blight) recover from the devastating effects of Hurricane Ike and provide them with a home that is decent, safe and sanitary. BUDGETARY/FISCAL EFFECT: Texas Department of Housing and Community Affairs Housing Trust Funds will provide funding. STAFFING/EMPLOYEE EFFECT: SETRPC is the designated TDHCA Contract Administrator of the Ike Program as allocated by TDHCA. SETRPC and the City of Port Arthur desire to enter into this Contract for the purpose of fulfilling and implementing their respective public and governmental purposes as agreed to by both parties. SUMMARY: I recommend City Council adopt Proposed Resolution 15542 authorizing an interlocal agreement for the Texas Department of Housing and Community Affairs (TONGA) Hurricane Ike Disaster Recovery Program. P. R. 15542 10/13/09 - BAF/Housing RESOLUTION NUMBER A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION AND THE CITY OF PORT ARTHUR FOR THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS (TDHCA) HURRICANE IKE DISASTER RECOVERY PROGRAM. WHEREAS, the South East Texas Regional Planning Commission, (SETRPC) has contracted with the Texas Department of Housing and Community Affairs for activities undertaken with CDBG Disaster Recovery funds; and, WHEREAS, a contract and agreement is made and entered into by and between the South East Texas Regional Planning Commission, (SETRPC) and City of Port Arthur, utilizing Texas Department of Housing and Community Affairs, (TDHCA) Community Development Block Grant (CDBG) funds for disaster relief of unmet housing and infrastructure needs resulting from Hurricane Ike in the most impacted and distressed areas of Texas; and, WHEREAS, the City of Port Arthur shall act as subcontractor for performance and accomplishment of identified tasks as agreed to by both parties in fulfilling and implementing the Disaster Recovery Ike Program. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the Mayor and City Council of the City of Port Arthur authorizes the City Manager to execute an interlocal agreement by and between the South East Texas Regional Planning Commission and the City of Port Arthur for utilizing Texas Department of Housing and Community Affairs (TDHCA) CDBG Hurricane Ike Disaster Recovery Program, of which a copy is attached hereto as Exhibit "A". 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 October, A.D., 2009 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: MAYOR COUNCILMEMBERS MAYOR ATTEST: APPROVED FOR AVAILABILITY OF FUNDS: CITY SECRETARY DIRECTOR OF FINANC APPROVED FOR FORM: CITY A RNEY ~ ~ ~, ~ t~~ ) APPROVED FOR ADMINISTRATION: ~/ CITY MA AGER t ,~~11~=-~.,- MIKE MASON, NEIGHBORHOOD AND COMMUNITY DEVELOPMENT MANAGER Exhibit "A" CONTRACT BETWEEN SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION Sub Recipient of the TDHCA CDBG Hurricane Ike Disaster Program AND THE CITY OF PORT ARTHUR SUB-CONTRACTOR PARTIES TO THE AGREEMENT This Inter-local Agreement is made and entered into by and between South East Texas Regional Planning Commission (hereinafter called the "SETRPC") acting herein by its Executive Director duly authorized by SETRPC's executive committee, and the City of Port Arthur, Jefferson County, Texas for the purposes of administration of CDBG Hurricane Ike Disaster Program (hereinafter called "Ike Program"). 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. WITNESS THAT: WHEREAS, Chapter 791 of the Texas Government code, also known as the Inter-local Cooperation Act, authorizes all local governments to contract with each other to perform governmental functions or services, including administrative entity functions normally associated with the operation of government, such as administration and management of programs designed to assist its citizens; and WHEREAS, SETRPC is the Contract Administrator for the Texas Department of Housing and Community Affairs (TDHCA) for the Community Development Block Grant (CDBG) Hurricane Ilse Disaster Program that was legislated to assist individuals and families who meet one of the three national objectives (i.e. Low or Moderate Income, Urgent Need, and Slum and Blight) recover from the devastating effects of Humcane Ike and to provide them with a home that is decent, safe and sanitary conditions; and WHEREAS, the City of Port Arthur currently administers U. S. Department of Housing and Urban Development CDBG and HOME programs whose missions are to provide safe, affordable homes to low to moderate income residents; and WHEREAS, under the terms of the agreement between SETRPC and TDHCA, SETRPC must ensure that all applicable state and federal requirements are met concerning the disbursement of funds; WHEREAS, projects undertaken by the City of Port Arthur pursuant to this contract must 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; Page 1 of 18 WHEREAS, SETRPC and the City of Port Arthur desire to enter-into this Contract for the purpose of fulfilling and implementing their respective public and governmental purposes as agreed to by both parties; WHEREAS, SETRPC is of the opinion that cooperation in the implementation of the programs and services to be provided by Ike Program funds will be beneficial to the citizens and the governments located in the City of Port Arthur through the efficiency and potential savings to be realized; WHEREAS, SETRPC certifies that it is the designated TDHCA Contract Administrator of the Ike Program as allocated by the Texas Department of Housing and Community Affairs; WHEREAS, SETRPC certifies that it is independently authorized to enter into this Contract as a unit of local government as defined under State of Texas Local Government Code, Subtitle C., Chapter 391; and, NOW THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and contract as follows: 1. STATEMENT OF RESPONSIBILITIES -Contract Administrator (SETRPC) Receiving CDBG funds designated for Disaster Assistance for Humcane Ike, SETRPC shall have the following responsibilities as defined by: • The National Affordable Housing Act of 1990, as amended. • Notices of the Office of Community Planning and Development (CPD Notices) A. Administrative: SETRPC shall have certain legal and administrative responsibilities including, but not limited to: 1. Execute and approve all TDHCA documents necessary to request and receive funds; 2. Receive and respond to citizen inquiries; 3. Receive recommendations from Humcane Ike CDBG Housing Advisory Committee (HIHAC); 4. Prepare and monitor budgets based on need; S. Authorize vouchers and draw-downs for TDHCA reimbursement; 6. Disburse funds to City of Port Arthur; Page 2 of 18 7. Execute and approve all TDHCA documents necessary to submit annual compliance and performance reports; 8. Complete all reports as required by TDHCA; 9. Respond to all TDHCA inquiries; 10. Ivlonitor and evaluate services and projects provided by the City of Port Arthur; and 11. Receive and review all Multi-Family Rehabilitation and New Construction and Single-Family Rental Rehabilitation applications; B. Financial: SETRPC shall comply with fiscal accountability duties in compliance with federal regulations. These services will include, but are not limited to: 1. Prepare vouchers and draw-dawns for reimbursement of Ike Program funds; 2. Prepare annual project budgets; 3. Maintain accounting requirements in accordance with applicable OMB Circulars; 4. Review City of Port Arthur audits. C. Management: Administrator will be responsible for, but are not limited to, the following activities: I. Complete al] strategic planning documents; 2. Perform Environmental Review and other compliance regulations; 3. Develop program guidelines; 4. Develop projects and activities; 5. Select and implement activities; Select all contractor managers, general contractors, inspectors, and subcontractors as necessary with the exception of activities associated with the City of Port Arthur's demolition allocation; Maintain and provide project and program file documentation in accordance with federal requirements; Page 3 of 18 8. Monitor and evaluate contractors receiving funds to ensure compliance with Program Guidelines; 9. Maintain management compliance requirements as needed to meet the Ike Program regulations; 10. Affirmatively market all properties and/or programs to eligible low or moderate-income residents as described in 24 CFR Part 570; 11. Comply with all state and federal Lead-Paint requirements, including appropriate notices, evaluations, inspections, certifications, and corrective procedures, and including those requirements described in Subparts J, M, and K of 24 CFR Part 570; and, 12. Execute all homeowner and multifamily contracts. 2. STATEMENT OF RESPONSIBILITIES -Sub-Contractor (City of Port Arthur) A. City of Port Arthur agrees to comply with all sections requirements of Title 24 Code of Federal Regulations, Parts 91 and 92 of the U.S. Housing and Urban Development regulations concerning the Ike Program and all federal regulations and policies issued pursuant to these regulations. B. City of Port Arthur shall provide SETRPC with a certified Cost Allocation Plan within 30 days afrer execution of this contractor or before first draw request, whichever one may come first. C. City of Port Arthur agrees to utilize funds made available under this Contract to supplement rather than to supplant funds otherwise available. D. City of Port Arthur shall collect and submit on a regulaz basis documentation regazding leverage funds being used in collaboration with Ike Program funds. 1. Income Eligibility for Owner-Occupied Program: City of Port Arthur agrees to collect and maintain client data demonstrating client eligibility for services provided, including: • owner-occupied rehabilitation applications, and • owner-occupied reconstruction applications. Upon certification and eligibility ofowner-occupied applications, the City of Port Arthur agrees to submit a compliant file for each Ike Program beneficiary to SETRPC. Page 4 of 1 2. Demolition: The following will be required by SETRPC for all demolition activities: a. All requests for reimbursement for project and administrative costs must be submitted on a monthly basis. b. Copy of Environmental Clearance Notification - Verify that address on both Environmental Clearance and Bid Proposal is the same for each activity. c. Copy of City Council Resolution designating properties as Slum & Blight on a spot by spot basis - Must include addresses d. Copy of Bid e. Copy of Demolition Contract - Must be signed and dated by contractor and City Official f. Form 11.04 -Request for Payment - Signed by the Demolition Contractor (as the Building Contractor) and signed by the Demolition Program official (as the Inspector) g. Itemized invoice from Demolition Contractor - Signed by a City Official h. Before photos - Include the name of structure being demolished and the physical location address. i. After photos - Include the name of structure being demolished and the physical location address. Form 7.02 -Contractor and City of Port Arthur Activity Report (HUB Report) - Must include name, address, federal ID number or social security number of contractor and/or subcontractor and the amount of the contract or sub-contract NOTE: • All documents need to be submitted to SETRPC on 8%= x 11 paper and folders. • City of Port Arthur shall execute all demolition contracts. Page S of 18 2. Demolition: The following will be required by SETRPC for all demolition activities: a. All requests for reimbursement for project and administrative costs must be submitted on a monthly basis. b. Copy of Environmental Clearance Notification - Verify that address on both Environmental Clearance and Bid Proposal is the same for each activity. c. Copy of City Council Resolution designating properties as Slum & Blight on a spot by spot basis - Must include addresses d. Copy of Bid e. Copy of Demolition Contract - Must be signed and dated by contractor and City Official £ Form ] 1.04 -Request for Payment - Signed by the Demolition Contractor (as the Building Contractor) and signed by the Demolition Program official (as the Inspector) g. Itemized invoice from Demolition Contractor - Signed by a City Official h. Before photos - Include the name of structure being demolished and the physical location address. i. After photos - Include the name of structure being demolished and the physical location address. j. Form 7.02 -Contractor and City of Port Arthur Activity Report (HUB Report) - Must include name, address, federal ID number or social security number of contractor and/or subcontractor and the amount of the contract or sub-contract NOTE: All documents need to be submitted to SETRPC on 8'h x I I paper and folders. City of Port Arthur shall execute all demolition contracts. Page 5 of 3. Records: a. City of Port Arthur shall maintain records regarding applicants who are determined not eligible to receive assistance, including written and prompt notification of denial. City of Port Arthur shall provide SETRPC and/or TDHCA with the ability to directly review, monitor, or audit the operational and financial performance or records of work performed under this Contract in accordance with OMB Circular A-87 or A-122, as applicable, 24 CFR 570.490 of the Regulations. c. City of Port Arthur shall maintain fiscal records and supporting documentation for all expenditures of funds made under this Contract in a manner which conforms to OMB Circular A-87 or A-122, as applicable; 24 CFR 570.490 of the Regulations in Exhibit C, and this Contract. Such records must include data on the racial, ethnic, and gender characteristics of persons who aze applicants for, participants in, or beneficiaries of the funds provided under this Contract. The City of Port Arthur shall retain such records, and any supporting documentation, for the rg eater of: (i) five years after close-out of this Contract; (ii) if notified by the Department in writing, the date that the final audit is accepted with all audit issues resolved to the Department's satisfaction, or (iii) a date consistent with the period required by other applicable laws and regulations as described in 24 CFR 570.487 and 570.488. The City of Port Arthur shall cooperate fully with any audit, review, or investigation of the CDBG Program by the Department or any state or federal body lawfully conducting any such audit, review or investigation and shall give the United States Department of Housing and Urban Development, the Inspector General, the General Accounting Department, the Auditor of the State of Texas, an Department or agency of the State of Texas, and the Department, 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 the City pertaining to this Contract. Such rights to access shall continue as long as the records aze retained by the City. The City agrees to maintain such records in an accessible location and to provide citizens reasonable access to such records consistent with the Texas Public Information Act. d. All customer/client information shall be maintained in a secure and confidential manner, and the City of Port Arthur agrees to comply with all local, state, and federal guidelines. 6of18 3. PERFORiVIANCE A. Time of Performance: 1. Services of the City of Port Arthur designated herein are to commence on the September 11, 2009, and end on the latter date of the September 10, 2011, or the expiration of any extended period for the receipt of Ilse Program funds. 2. The term of this Contract and the provisions herein shall be extended to cover additional time periods to run concurrently with TDHCA's disaster recovery contract with SETRPC, providing the City of Port Arthur complies with this Contract and the Federal regulations governing the Ike Program. B. Performance Standards: 1. The City of Port Arthur will complete the tasks in this agreement in a timely, efficient and professional manner. 2. The City of Port Arthur will make monthly reports to SETRPC electronically on the Sa` of each month that contains information requested by SETRPC and TDHCA. 4. CONTRACT SUSPENSION/TERiViINATION A. If the City of Port Arthur shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the City of Port Arthur shall violate any of the covenants, agreements, or stipulations of this Contract, SETRPC shall, upon concurrent opinion of HIHAC, have the right to terminate this Contract by giving written notice to the Sub-Contractor of such termination and specifying the effective date thereof at least thirty(30) days before the effective date of such termination. B. All finished or unfinished documents, data, maps, studies, surveys, drawings, models, photographs and reports prepared by the City of Port Arthur under this Contract shall, at the option of SETRPC, become the property of SETRPC. City of Port Arthur shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. C. Debarment: Failure to adequately perform under this Contract may result in penalties including the possibility of debarment from performing additional work for TDHCA. 5. COMPENSATION A. Minimum Financial Standards Requirement: No compensation may be paid to the City of Port Arthur until a qualified Certified Public Accountant has provided Page 7 of 18 written certification to SETRPC that the City of Port Arthur is in full compliance with the standards set forth in OMB A-102. B. Maximum Compensation: The TDHCA Ike Program specifically limits administrative costs to ten percent (10%) the allocation. The City of Port Arthur shall be reimbursed for its allowable administrative costs associated with income eligibility. C. Compensation Structure: City of Port Arthur warrants and acknowledges that no other compensation will be paid for administration of the Ike Program under this Contract. D. Indirect Costs: City of Port Arthur may utilize an indirect cost rate allocation if, and only if, the City of Port Arthur has submitted a certified Indirect Cost Allocation Plan to its state cognizant agency. E. Payment Structure: City of Port Arthur shall be reimbursed only for those items that are eligible expenses under the Ike Program and are specifically related to determining income eligibility or demolition. 6. PROGRAM INCOlVIE A. Any program income shall be returned to the State of Texas. B. Program Income means gross income, including interest earned on Ike Program funds or received by the City of Port Arthur, which is directly generated from the use of Ike Program funds. C. When program income is generated by an activity that is only partially assisted with Ike Program funds, the income shall be prorated to reflect the percentage of said funds. (The definitions to be utilized aze contained in CPD Notice 97-9.). Income generated by a project which is funded with program income, is also program income. D. City of Port Arthur shall report monthly all program income as defined at 24 CFR Part 570 generated by activities carried out with CDBG funds made available under this contract. E. City of Port Arthur will track and account for any program income as required by HUD and outlined in HUD CPD Notice 97-9. 7. MANAGEMENT, AUDIT, PROCUREMENT AND CLOSE-OUT A. Financial Mana eg ment: It is understood by the City of Port Arthur that CDBG funds are subject to the requisite CFRs and the Federal Government's Office of Management and Budget circulazs (OMB Circular): Page 8 of 18 1. The general requirements for financial management systems and reporting are found in 24 CFR Part 84-8~; 2. OMB Circular no. A-87, "Cost of Principles for State, Local, and Indian Tribal Governments"; 3. OMB Circular no. A-133, "Audits of State and Local Govemments;" and 4. OMB Circular no. A-102, "Grants and cooperative agreements with state and local governments". B. Policies and Procedures: City of Port Arthur must establish and use a set of written accounting policies and procedures which meet the minimum standards established by the relevant OMB Circulars for contract accounting. Standards must include adequate internal controls and maintaining necessary source documentation for all costs incurred. C. Audit: If the City of Port Arthur expends $500,000 or more in Federal funds a year, the City shall have an audit conducted in accordance with the Federal Governments' OMB Circular No. A-133: 1. The audit shall be made by an independent auditor in accordance with generally accepted government auditing standards covering financial and compliance audits on funds provided under this Contract. 2. City of Port Arthur shall provide SETRPC with a copy of this audit within six (6) months of the ending of the City's fiscal year(s) coinciding with this Contract. If the City of Port Arthur expends less than $500,000 in Federal funds per fiscal year the City shall submit to SETRPC a copy of its annual audit within six (6) months of the close of the City's fiscal year. D. Documentation and Record-Keeping: City of Port Arthur shall maintain this Inter-local Agreement and all applicant files transmitted to SETRPC for completion. E. Access to Records: At any time during normal business hours and as ofren as SETRPC, TDHCA or the Comptroller General of the United States may deem necessary, there shall be made available to these entities all of the City of Port Arthur's records with respect to all matters covered by this Contract and the City of Port Arthur shall permit said entities to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment, and other data relating to all matters covered by this Contract. Page 9 F. Information on File: City of Port Arthur must have on file and provide access to current copies of: 1. Documentation of governmental status; 2. Copy of City statutes; 3. Any license applicable to the City of Port Arthur's proposed activities; 4. Listing of the current Mayor and City Council (including name, address, occupation, position on council, and tenure); 5. Current organizational chart showing management and staffing structure; The City of Port Arthur's written personnel (including staff and volunteers) policies; 7. The City of Port Arthur's written accounting policies and procedures; and 8. The City of Port Arthur's written procurement policies and procedures; G. Pro~*am Descriptions on File: City of Port Arthur must have on file and provide access to current copies of work plan or administrative entity/program guidelines based on the description of the Program and Activities in Section I of this contract and which specifies: 1. The major tasks or activities to be performed under this contract; 2. Eligibility requirements for participation and procedure for verification of information related to storm damage and any assistance received by the beneficiary from FEMA, insurance, etc.; 3. How activities or tasks will be performed; 4. The measurable objectives for each task; and 5. The time frame within which the tasks will be accomplished. H. Procurement: City of Port Arthur shall comply with all SETRPC, City, State, and Federal policy concerning the purchase of equipment and shall maintain an inventory record of all non-expendable personal property as defined by such policies as may be procured with funds provided herein. 2. City of Port Arthur shall procure materials in accordance with the 10 of 18 requirements of Attachment O of OMB Circular A-110, Procurement Standards, and shall subsequently follow Attachment N, Property Management Standards, covering utilization and disposal of property. Property Records: City of Port Arthur shall maintain real property inventory records that clearly identify properties purchased, improved, or sold. Propertres retained shall continue to meet eligibility criteria and shall conform to the restrictions specified in Subparts E and F 24 CFR Part 570. Close-Outs: City of Port Arthur's obligation to SETRPC shall not end until all close-out requirements are completed. S. PERSONNEL AND PARTICIPANT CONDITIONS A. Indep-endent Contractor: Neither the City of Port Arthur nor its employees are .considered to be employees of SETRPC for any purpose whatsoever. The City of Port Arthur is considered to be an independent contractor at all times in the performance of the scope of services described herein. 1. City of Port Arthur further agrees that neither it nor its employees are entitled to any benefits from SETRPC under the provisions of the Worker's Compensation Act of the State of Texas or to any of the benefits granted to employees of SETRPC under the provisions of the Personnel Policies as now enacted or hereafter amended. 2. City of Port Arthur certifies that it will establish, publish and post a statement of its policies and requirements on maintaining a drug free workplace which complies with the "Drug Free Workplace Act" (P.L. 100-690) and shall require all providers of services under this Contract to comply with Drug Free Workplace requirements of the above noted Act. B. Personnel: City of Port Arthur represents that it has, or will secure, all personnel required in performing all of the services required under this Contract. Such personnel shall not be employees of or have any contractual relationships with SETRPC. 1. All the services required hereunder will be performed by the City of Port Arthur or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. 2. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Contract. 3. City of Port Arthur shall have in its possession a documented set of personnel policies and procedures, including fiinge benefits, if any, available to its Page 11 of 18 employees that have been formally adopted by its City Council. Such a document shall be made available for inspection and determination by the SETRPC as to its acceptability. C. Prohibited Activity: City of Port Arthur is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities, sectarian, or religious activities, lobbying, political patronage, and nepotism activities. D. Hatch Act: City of Port Arthur agrees that no funds provided, nor personnel employed under this contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V United States Code. E. Compliance with Civil Rights Laws and Executive Orders: City of Port Arthur will comply with the provisions of, and act in accordance with, al] federal laws, rules and regulations, and Executive Orders related to equal employment opportunity, affirmative action, equal access to programs and services, and the enforcement of Civil Rights, including, but not limited to: 1. Section 3 of the Housing and Urban Development Act of 1468; 2. Sections 103 and 109 of the Housing and Community Development Act of 1974, as amended; 3. Title VI and Title VII of the Civil Rights Act of 1964, as amended; 4. Title VIII of the Civil Rights Act of 1968; 5. Sections 502, 503, 504 and 505 of the Rehabilitation Act of 1973; 6. Equal Pay Act of 1963; 7. Age Discrimination in Employment Act of 1967, as amended; 8. The Vietnam Era Veterans Readjustment Act of 1974; 9. The 1986 U. S. Immigration Reform and Control Act; 10. Americans with Disabilities Act of 1990; 11. Executive Order 11063 of 1962; and 12. Executive Order 11246 of 1965, as amended. Page 12 of 18 F. City of Port Arthur will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin, or ancestry, physical or mental handicap, marital/familial status or disabled veteran status. G. City of Port Arthur will make reasonable accommodation to the known physical or mental handicap of an otherwise qualified employee or applicant for employment. H. City of Port Arthur will ensure and maintain a working environment free of sexual harassment and other unlawful forms of harassment, intimidation, and coercion in all facilities at which the City of Port Arthur's employees are assigned to work. City of Port Arthur will in all solicitations or advertisements for employees placed by or on behalf of the City; state that all qualified applicants will receive .consideration of employment without regard to race, color, religion, sex, age, national origin or ancestry, or physical or mental handicap. 7. City of Port Arthur agrees to post in conspicuous places, available to employees and applicants for employment; notices setting forth the provisions of this nondiscrimination clause. K. City of Port Arthur will, in all solicitations or advertisements for employees placed by or on behalf of the City, state that it is an Equal Opportunity or Affirmative Action employer. 9. GEA'ERAL REQUIREMENTS AND CONDTIONS A. Debarment, Suspension. Ineligibility and Exclusion Compliance: City of Port Arthur certifies that it has not been debarred, suspended or otherwise found ineligible to receive funds by an agency of the executive branch of the federal government. 2. City of Port Arthur agrees that should any notice of debarment, suspension, ineligibility or exclusion be received by the City, the City will notify SETRPC immediately. City of Port Arthur agrees to not procure or subcontract with any agency, organization, or Contractor that has been debarred, suspended, or otherwise found ineligible to receive funds by an agency of the executive branch of the federal govemment. B. Use of Funds for Sectarian Religious Purposes: City of Port Arthur covenants and agrees that no funds awarded through this program will be used for sectarian religious purposes, and specifically that: Page 13 of 18 1. There will be no religious test for admission for services; 2. There will be no requirement for attendance at religious serc•ices; 3. There will be no inquiry as to a client's religious preference or affiliation; 4. There will be no proselytizing; and 5. Services provided will be essentially secular. C. LobbyinQ: City of Port Arthur understands that utilization of any federally appropriated funds provided the City by SETRPC pursuant hereto to influence or attempt to influence any member or employee of the Executive or Legislative branches of the federal government with respect to a covered federal action is prohibited. City of Port Arthur further agrees that it shall comply with the certification and disclosure requirements of the applicable regulations. D. Publication Reproduction and use of Materials: If this Contract results in any book, publication, video, audio, or any other copyrightable material, then the material produced with Federal funds shall be considered public domain. E. Identification of Documents: All reports, maps, and other documents completed as a part of this contract, other than documents exclusively for internal use within The City of Port Arthur shall contain the following information on the front cover or title page (or in the case of maps, in an appropriate block): TDHCA Ike Program, month and year of the preparation, SETRPC and descriptive title. F. Comyliance with Laws: In performing the services required hereunder, the City of Port Arthur shall comply with all applicable laws, ordinances, and codes of the federal, state and local governments, including environmental protection regulations. Failure to comply with the Administrative entity Requirements shall constitute grounds for termination of this Contract. G. Insurance and Bondin¢: City of Port Arthur shall carry sufficient insurance to protect contract assets from loss due to theft, fraud, and/or undue physical damage. H. Assi nag bility: City of Port Arthur shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or notation), without the prior written consent of SETRPC thereto. I. Conflict of Interest: 1. The City of Port Arthur shall ensure that no employee, officer, or agent of the City shall participate in the selection, or in the awazd or administration of a subcontract supported by funds provided if a conflict of interest, real or 14 of 18 appazent, would be involved. Such conflict of interest would arise when: 1) the employee, officer, or agent; 2) any member of his or her immediate family; 3) his or her partner; or, 4) any organization which employs, or is about to employ any of the above, has a financial or other interest in the firm or person selected to perform the subcontract. The City shall comply with Chapter 171, Texas Local Government Code and 24 CFR 570.489(h) of the federal regulations. 2. In all cases not governed by Subsection ] of this Section, no persons specified in Subsection 3 of this Section who exercise or have exercised any functions or responsibilities with respect to the activities assisted under this Contract or any other CDBG contract or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have an interest or benefit from the activity, or have any interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties during their tenure or for one yeaz thereafter. 3. The conflict of interest provisions of Subsection 2 of this Section apply to any person who is an employee, agent, consultant, department, or elected official or appointed official of the City or of a subcontractor of the City. 4. In the procurement of supplies, equipment, construction and services by contractors, the conflict of interest provisions in 24 CFR Part 570 and OMB Circular A-110, respectively, shall apply. 5. City of Port Arthur and SETRPC state to the best of their knowledge, no member of the Beaumont City Council and no other officer, employee, or agent of the City of Port Arthur who exercises any function or responsibility in connection with the carrying out of the Program or the funds to which this Contract pertains, has any personal interest; direct or indirect, in this Contract. 7. Affirmative Action: City of Port Arthur agrees that it shall be committed to Affirmative Action principles as provided in the President's Executive Order 11246 of September 24, 1965. City of Port Arthur will use its best effort to afford minority and women-owned business enterprises the maximum practicable opportunity to participate in the performance of this contract. Page ] 5 of 18 1. As used in this contract, the term "minority and female business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. 2. For the purpose of this definition, "minority group members" are African- Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The City of Port Arthur may rely on written representations regarding their status as minority and female business enterprises in lieu of an independent investigation. 10. LEGAL A. Representation in Proposal: SETRPC has relied on all representations of the City of Port Arthur in awarding this contract and the City of Port Arthur warrants the accuracy of all representations in said proposal. Misrepresentation in the proposal shall be cause to terminate this contract and the City of Port Arthur shall owe all amounts paid to it as liquidated damages should these amounts not be legitimate reimbursements for Ike Program eligible activities. B. TDHCA CDBG Disaster Recovery Funds Recoenition: The City of Port Arthur shall insure recognition of the role of TDHCA Ike Program funds in providing services through this Contract. All activities, facilities, and items utilized pursuant to this Contract shall be prominently labeled as to the funding source. In addition, the City will include a reference to the support provided herein in all publications made passible with funds made available under this Contract. C. Notifications: Any notice hand-delivered or sent by mail (with a return receipt which indicates delivery) to the addresses below shall be deemed received for any purposes arising out of the execution of this contract. For SETRPC, notices maybe sent to: Shaun Davis, Executive Director South East Texas Regional Planning Commission 2210 Eastex Freeway Beaumont, TX 77703 409-899-8444 409-347-0138 (fax) D. Construction and Severability: If any part of this Contract is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Contract so long as the remainder of the Contract is reasonably capable of completion. Page 16 of 1 E. Enforcement: City of Port Arthur agrees to pay to SETRPC all costs and expenses including reasonable attorney's fees incurred by SETRPC in exercising any of its rights or remedies in connection with the enforcement of this Contract. Entire Contract: This Contract contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written. G. Amendments: The City of Port Arthur or SETRPC may amend this Contract at any time provided that such amendments make specific reference to this Contract, and are executed in writing and signed by a duly authorized representative of both organizations. Such amendments shall not invalidate this Contract, nor relieve or release the City of Port Arthur or SETRPC from its obligations under this Contract. SETRPC may, in its discretion, amend this Contract to conform with federal, state, or local governmental guidelines, policies, and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or the schedule of the activities to be undertaken as part of this Contract, such modifications will be incorporated only by written amendment signed by both the City of Port Arthur and SETRPC. Further, any future change in federal regulations or federal requirements governing the use or eligibility of Ike Program funds aze deemed to be immediately incorporated into this Contract and subject to the provisions herein. H. Applicable Law: This Contract shall be governed by and construed and enforced in accordance with the laws of the State of Texas, the by-laws, rules and regulations of the SETRPC and the applicable regulations of the U.S. Department of Housing and Urban Development and Texas Department of Housing and Community Affairs. I. Approval Required: The parties hereto state that they aze appropriately empowered by their respective Boazd/City Council to sign this Contract. This Contract shall not become effective or binding until approved by Beaumont City Council and the SETRPC Executive Committee. Page 17 of 18 APPROVED BY THE CITY OF PORT ARTHUR ON and the SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION ON 2009 By: Steve Fitzgibbons City Manager City of Port Arthur 2009. Shaun P. Davis. Executive Director South East Texas Regional Planning Commission Page 18 of 18 Exhibit A Hurricane Ike CDBG Program City of Port Arthur Budget NOTE: The South East Texas Regional Planning Commission will have the following programs within the City of Port Arthur: Demolition, Owner-Occupied Rehabilitation, Owner-Occupied Reconstruction, Elevation, Single Family Rental Rehabilitation, and Multi-family Rental Rehabilitation. Of these programs, the City of Port Arthur will only be responsible for the costs associated with Demolition Activities and the Income Eligibility portion of the Single Family Owner Occupied programs. Demolition Total Project Costs Demolition Administration Costs Housing Administration Costs Single Family Owner Occupied Income Eligibility Total Administration Costs $ 2,400,000.00 $ 2,400,000.00 $ 120,000.00 $ 214,400.00 $ 334,400.00