HomeMy WebLinkAboutPR 15528: SETRPC DISASTER RECOVERY PROGRAMINTEROFFICE MEMORANDUM
HOUSING ASSISTANCE PROGRAMS
To: Steve Fibgibbons, City Manager ~J
From: Mike Mason, Neighborhood and Community Deve%p ~ t Manager
Date: Tuesday, October 13, 2009
Re: P.R.15528
RECOMMENDATION:
I recommend the City Council adopt Proposed Resolution 15528, authorizing the Amendments
(1-7) to the original contract between the South East Texas Regional Planning Commission
(Contractor) and the City of Port Arthur (Subcontractor), effective October 31, 2006, and
identified on Contractor's records as CDBG Contract #C060003
BACKGROUND:
The South East Texas Regional Planning Commission contracted with the Texas Department of
Housing and Community Affairs for activities undertaken with CDBG Disaster Recovery funds
under the Community Development Program Contract #C060003, Hurricane Rita Funding under
the Department of Defense Appropriations Act, 2006.
The City Council of the City of Port Arthur authorized the City Manager to execute an Interlocal
Agreement between the City of Port Arthur and the South East Texas Regional Planning
Commission for activities to be undertaken with CDBG Disaster Recovery funds as per
Resolution No. 06-408.
The following is a brief summary of each Amendment to the Contract #C060003:
First Amendment: To replace the Budget in its entirety in Exhibit B Budget.
Second Amendment: To replace the First Amendment Budget in its entirety in a new Exhibit B
Budget.
Third Amendment: To amend the Time of Performance to terminate on December 31, 2008.
Fourth Amendment: To replace the Second Amendment Budget in its entirety in a new Exhibit B
Budget.
Fifth Amendment: To amend the Time of Performance to terminate on April 30, 2009.
Sixth Amendment: To amend the Time of Performance to terminate on October 31, 2009.
Seventh Amendment: To amend the Time of Performance to terminate on October 31, 2009 and
to replace the Fourth Amendment Budget in its entirety in a new Exhibit B Budget.
P.R. No. 15528
BUDGETARY/FISCAL EFFECT:
None
STAFFING/EMPLOYEE EFFECT:
None
SUMMARY:
I recommend the City Council adopt Proposed Resolution 15528, authorizing the Amendments
(1-7) to the original contract between the South East Texas Regional Planning Commission
(Contractor) and the Ciry of Port Arthur (Subcontractor), effective October 31, 2006, and
identified on Contractor's records as CDBG Contract #C060003
P. R. No. 15528
10/13/09 BAF/Housing
RESOLUTION NUMBER
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AMENDMENTS ONE THROUGH SEVEN (1-7) TO
AMEND THE ORIGINAL CONTRACT #C060003 BETWEEN SOUTH
EAST TEXAS REGIONAL PLANNING COMMISSION AND THE CITY
OF PORT ARTHUR FOR THE INTERLOCAL AGREEMENT WITH
THE SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION
FOR THE TDHCA DISASTER RECOVERY PROGRAM.
WHEREAS, pursuant to Resolution 06-408, the City of Port Arthur entered
into an interlocal agreement with South East Texas Regional Planning Commission for
activities to be undertaken with CDBG Disaster Recovery funds; and,
WHEREAS, it is deemed viable to amend the original contract by and
between the parties effective October 31, 2006, as identified on Contractor's records as
CDBG Contract #C060003; and,
BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT the City Manager is authorized to execute Amendments One
through Seven (1-7) with South East Texas Regional Planning Commission herein and
further described in the attached marked Attachment 1, Attachment 2, Attachment 3,
Attachment 4, Attachment 5, Attachment 6 and Attachment 7; and,
THAT a copy of the caption of this Resolution be spread upon the minutes
of the City Council.
READ, ADOPTED AND APPROVED this
A.D., 2009 at a Regular Meeting
City of Port Arthur, Texas by the following vote: AYES:
COUNCILMEM
day of
of the City Council of the
NOES:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO THE AVAILABILtfY
OF FUNDS:
DIRECTOR OF FI NCE
APPROVED AS TO FORM:
~.~ ~>
ACTING A EY
APPROVED FOR ADMINISTTtATION:
CITY ANAGER
~~~~~ ~l~G+~.v
MIKE MASON, NEIGHBORHOOD AND
COMMUNITY DEVELOPMENT MANAGER
ATTACHMENT 1
SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION
COMMUNITY DEVELOPMENT PROGRAM CONTRACT ifC060003
HURRICANE RITA FUNDING UNDER
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006
FIRST AMENDMENT
STATE OF TEXAS
COUNTY OF JEFFERSON
Section 1
The SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION {Contractor) and the QTY OF PORT
ARTHUR (Subcontractor), do hereby contract and agree to amend the original contract by and between
the parties, effective October 31, 2006, and identified on Contractors records as CDBG Contract
kC060003 (Contract).
Section 2
The parties hereto agree to amend the contract iderrtified in Section 1 above so that Exhibit A.
Performance Statement. is replaced in its entirety with the new Exhibit A Performance Statement
attached to this First Amendment, hereinafter referred to as Exhibit A, and hereby made a part of this
First Amendment. New Exhibit A consists of two (2) pages.
Section 3
The parties hereto agree to amend the contract identified in Section 2 above so that Exhibit B. Budget
is replaced in its entirety with the new Exhibit B Budget attached to,this First Amendment, hereinafter
referred to as Exhibit B, and hereby made a part of this First Amendment. New Exhibit B consists of one
(1) page.
Section 4
The parties hereto agree that all other terms of the Contract shall remain in effect as therein set forth
and shall continue to govern except to the extent that said terms conflict with the terms of this First
Amendment. In the event any conflict in terms exists, this First Amendment shall control, unless it
cannot be read consistently with the entirety of the contract or is made void by operation of law. Each
capitalized term not expressly defined herein shall have the meaning given to such term in the Contract.
Section 5
This First Amendment shall be effective on the date of execution.
Section 6
By signing this First Amendment the parties expressly understand and agree that its terms shall become
a part of the Contrail as if they were set forth ward for ward therein. This First Amendment shall be
binding upon the parties hereto and their respective successors and assigns.
AGREED TO AND EXECUTED BY:
SOUTH EAST TEXAS REGIONAL
PLANNING COMMISSION
By:
Title:
Date:
CITY OF PORT ARTHUR
By:
Title:
Date:
EXHIBIT A
CONTRACT NO. C 06 0003
PERFORMANCE STATEMENT
SOUTHEAST TEXAS REGIONAL PLANNING COMMISSION
The Contractor shall carry out the following activities in the target area identified in its 2006 CDBG Disaster
Relief application. The persons to benefit from the activities described in this Performance Statement must
be receiving service or a benefd from the use of the new or improved facilities and activities for the contract
obligations to be fulfilled. The Contractor shall ensure that the amount of funds expended for each activity
described does not exceed the amount specified for such activity in Exhibit B, Budget.
Project Descriotion
The Contractor will provide emergency repairs not to exceed ten million nine hundred eighty-five thousand
and no/100 ($10,985,000.00), housing rehabilitation not to exceed five million seven hundred ninety
thousand five hundred and no/100 ($5,790,500.00), single family rental rehabilitation not to exceed one
million and no/100 ($1,000,000.00), demolition activities not to exceed one million six hundred fifteen
thousand seven hundred fdty and noM00 ($1,615,750.00), and reconstruction not to exceed three million
nine hundred eighteen thousand seven hundred fifty and no/100 ($3,918,750.00) in the Hurricane Rita
affected counties of Hardin, Jefferson, Orange, and in the cities of Part Arthur and 8eaumonf. These
activities shall benefit two thousand four hundred seventy-six (2,476) beneficiaries, of which one hundred
percent (100°~) are of low to moderate income. All activities must be for unmet housing needs resulting
from Hurricane Rita. Non Hurricane Rita damage may only be addressed on structures or properties that
also have Rita-related storm damage.
Emeroencv Reoairs
The Contractor will provide emergency repairs not to exceed twenty-five thousand and no/100 ($25,000.00)
per unit to assist a minimum of one thousand five hundred forty-nine (1,549) beneficiaries, of which one
hundred percent (100%) are of low to moderate income.
Emergency repairs are limited necessary repairs of an urgent nature required to alleviate immediate health
and safety conditions including, but not limited to weather-related condftions; water leaks; unsafe plumbing
conditions or hazards; and unsafe electrical conditions or hazards that occurred as a result of damage
caused by Hurricane Rita.
Any existing hazardous condition that threatens the health and safety of the household must be corrected
and the emergency repairs must comply with existing local health and safety codes.
Owner-Occuoied Housino Rehabildation
The Contractor will provide owner-occupied housing rehabilitatior4 not to exceed sixty-five thousand and
no/100 ($65,000.00) per unit to assist a minimum of two hundred seventy-four (274) beneficiaries, of which
one hundred percent (100%) are of low to moderate income.
Rehabilitation includes non-emergency repairs or renovations of a limited specified area or portion of a
housing structure. The rehabilitated portion must comply with local building codes and standards upon
completion.
CDBG-Rita Contract # C06 0003 Page 1 Of 2
Single Family Rental Rehabilitation
The Contractor will provide single family rental housing rehabilitation not to exceed twenty-three thousand
and no/100 ($23,000.00) per unit to assist a minimum of one hundred forty (140) beneficiaries, of which one
hundred percent (100°k) are of Icw to moderate income.
Rehabilitation includes non-emergency repairs or n:novations of a limited specified area or portion of a
housing structure. The rehabilitated portion must comply with local building codes and standards, and upon
completion, the entire structure must comply with housing quality standards (HOS) and local health and
safety codes.
Demolition
The Contractor will provide demolition activities not to exceed five thousand and no/100 ($5,000.00) per lot
for a minimum of three hundred twenty-seven (327) lots. The Contractor must use all available resources,
including Housing Authorities, Habitat for Humanity, Community Housing Development Organizations, and
other non profit organizations, to provide displaced persons with access to decent, safe, sanitary, and
affordable housing in the Contractor's service area during the contract term.
Demolition activities must address threats to public health and safety that may be caused by the presence
of disaster-damaged structures that are unsuitable for rehabilitation.
Housino Reconstruction
The Contractor will provide housing reconstruction
no/100 ($135,000.00) per unit to assist a minimum
percent (100%) are of low to moderate income.
not to exceed one hundred thirty-five thousand and
of seventy (70) beneficiaries, of which one hundred
The Contractor must ensure that all reconstructed housing units comply with the universal design features
in new construction, established by §2306.514, Texas Government Code, energy standards as verified by a
RESCHECK certification, and the International Residential Codes, as required by Subchapter G, Chapter
214, Local Government Code.
Administration
The Contractor may expend funds provided under this contract for reasonable administrative, planning, and
project delivery costs directly related to this contract in accordance with Sections 3, 4, and 5 of this contract
and the State of Texas Action Plan for CDBG Disaster Recovery Grantees under the Department of
Defense Appropriations Act, 2006 dated as of May 9, 2006 in an amount that is not more than three million
one hundred eighty-eight thousand five hundred thirty-six and No/100 Dollars ($3,188,536.00).
The Contracior shall draw funds in accordance with Section 26, Administrative Costs Drawdown, and must
ensure that the amount of the Department funds expended for all eligible project-related administration
activities, including the required annual program compliance and fiscal audit, does not exceed the amount
specified for administration in Exhibit B, Budget.
Page 2 of 2
CDBG-Rita CoNract # Cbfi 0003 -
EXHIBIT B
CONTRACT NO. C 06 0003
BUDGET
SOUTHEAST TEXAS REGIONAL PLANNING COMMISSION
SETRPC Port Arthur Beaumont Total
1 Emergency Repairs 17d $4,750,000 $3,490,000 $2,745,000 $10,985,000
2 Owner Occupied Rehabilitation 17 $4,075,500 $ 560,000 $1,155,000 $ 5,790,500
3 Reconstruction 17c $3,918,750 $0 $0 $ 3,918,750
4 Single Family Rental 17 $0 $0 $1,000,000 $ 1,000,000
5 Demolition 20 $ 365,750 $1,250,000 $0 $ 1,615,750
6 Planning/Project Delivery 31/33 $2,038,241 $ 265,000 $ 245,000 $ 2,548,241
7 General Administration 32a $ 640,295 $0 $0 $ 640.295
TOTAL $15,788,536 $5,565,000 $5,145,000 $26,498,536
Page 1 of 1
CDBG-Rita Contract # CO6 D003 -
ATTACHMENT 2
SOUTHEAST TE7fA,S REGIONAL PLANNING COMMISSION
COMMUNITY DEVELOPMENT PROGRAM CONTRACT #C060003
HURRICANE RITA FUNDING UNDER
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006
SECOND AMENDMENT
STATE OF TEXAS
COUNTY OF JEFFERSON
Section 1
The SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION (Contractor) and CITY OF PORT ARTHUR
(Subcontractor), do hereby contract and agree to amend the original contract by and between the
parties, effective October 31, 2006, and identified on Contractors records as CDBG Contract gC060003
(Contract).
Section 2
The parties hereto agree to amend the contrail identified in Section 1 above so that Exhibit A.
Performance Statemerrt. its replaced in its entirety with the new Exhibit A Performance Statement
attached to this Second Amendment, hereinafter referred to as Exhibit A, and hereby made a part of this
Second Amendment. New Exhibit A consists of two (2) pages.
Section 3
She parties hereto agree to amend the contract identified in Section 2 above so that Exhibit B. eudeet.
is replaced in its entirety with the new Exhibit B Budget attached to this Second Amendment,
hereinafter referred to as Exhibit B, and hereby made a part of this Second Amendment. New Exhibit 8
consists of one (1) page.
Section 4
The parties hereto agree that all other terms and written modifications of the Contract shall remain in
effect as therein set forth and shall continue to govern except to the extent that said terms conflict with
the terms of this Second Amendment. In the event any conflict in terms exists, this Second Amendment
shall control, unless it cannot be read consistently with the entirety of the Contrad or is made void by
operation of law. Each capital¢ed term not expressly defined herein shall have the meaning given to such
tens in the Contrad.
Sedion 5
This Second Amendment shall be effedive on the date of execution.
Sedion 6
By signing this First Amendment the parties expressly understand and agree that its terms shall become
a part of the Contrad as if they were set forth word for word therein. This First Amendment shall be
binding upon the parties hereto and their respedive successors and assigns.
AGREED TO AND EXECUTED BY:
SOUTH EAST TEXAS REGIONAL
PLANNING COMMISSION
By:
rne:
Date:
CITY OF PORT ARTHUR
By:
Name:
Title:
Date:
EXHIBIT A
CONTRACT NO. C 06 0003
PERFORMANCE STATEMENT
SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION
The Contractor shall carry out the following activities in the target area identified in its 2006 CDBG Disaster
Relief application. The persons to benefit from the activities described in this Performance Statement must
be receiving service or a benefit from the use of the new or improved facilities and activities for the contract
obligations to be fulfilled. The Contractor shall ensure that the amount of funds expended for each activity
described does not exceed the amount specifed for such activity in Exhibit B, Budget.
Project Description
The Contractor will provide housing rehabilitation not to exceed eight million five hundred thousand five
hundred and no/100 ($8,500,500.00), demolition activities not to exceed one million six hundred fifteen
thousand seven hundred fifty and no/100 ($1,615,750.00), and reconstruction not to exceed thirteen million
one hundred ninety-three thousand seven hundred fifty and no/100 ($13,193,750.00) in the Hurricane Rita
affected counties of Hardin, Jefferson, Orange, and in the cities of Port Arthur and Beaumont. These
activities shall benefit no less than six hundred thirty-seven (637) beneficiaries, of which one hundred
percent (100%) are of low to moderate income. All activities must be for unmet housing needs resulting
from Hurricane Rita. Non Hurricane Rita damage may only be addressed on structures or properties that
also have Rita-related storm damage.
Owner-Occupied Housino Rehabilitation _
The Contractor will provide owner-occupied housing rehabilitation not to exceed sixty-five thousand and
no/100 ($65,000.00) per unit to assist a minimum of three hundred fifty-seven (357) beneficiaries, of which
one hundred percent (100°/a}are of low to moderate income.
Rehabilitation includes non-emergency repairs or renovations of a limited specified area or portion of a
housing structure. The rehabilitated portion must comply with local building codes and standards upon
completion.
Demolition
The Contractor will provide demolition activities not to exceed five thousand and no/100 ($5,000.00) per lot
for a minimum of three hundred twenty-seven (327) lots. The Contractor must use all available resources,
including Housing Authorities, Habitat for Humanity, Community Housing Development Organizations, and
other non profit organizations, to provide displaced persons with access to decent, safe, sanitary, and
affordable housing in the Contractor's service area during the contract term.
Demolition activities must address threats to public health and safety that may be caused by the presence
of disaster-damaged structures that are unsuitable for rehabilitation.
Housino Reconstruction
The Contractor will provide housing reconstruction not to exceed one hundred thirty-five thousand and
no/100 ($135,000.00) per unit to assist a minimum of two hundred eighty (280) beneficiaries, of which one
hundred percent (100%) are of low to moderate income.
The Contractor must ensure that all reconstructed housing units comply with the universal design features
in new construction, established by §2306.514, Texas Government Code, energy standards as verified by a
Page t of 2
CDBG-Rita Contract # CO6 0003
RESCHECK certification, and the International Residential Codes, as required by Subchapter G, Chapter
214, Local Government Code.
Administration
The Contractor may expend funds provided under this contract for reasonable administrative, planning, and
project delivery costs directly related to this contract in accordance with Sections 3, 4, and 5 of this contract
and the State of Texas Action Plan for CDBG Disaster Recovery Grantees under the Department of
Defense Appropriations Act, 2006 dated as of May 9, 2006 in an amount that is not more than three million
one hundred eighty-eight thousand five hundred thirty-six and No(100 Dollars ($3,188,536.00).
The Contractor shall draw funds in accordance with Section 26, Administrative Costs Drawdown, and muss
ensure that the amount of the Department funds expended for all eligible project-related administration
activities, including the required annual program compliance and fiscal audit, does not exceed the amount
specified for administration in Exhibit B, Budget.
COBGRita Contreu # CO6 0003
Page 1 of 2
:~
EXHIBIT B
CONTRACT NO. C Ofi 0003
BUDGET
SOUTHEAST TEXAS REGIONAL PLANNING COMMISSION
SETRPC Port Arthur Beaumont Total
1 Owner Occupied Rehabilitation 17 $4,075,500 $2,025,000 $2,400,000 $ 8,500,500
2 Reconstruction 17c $8,668,750 $2,025,OOD $2,500,000 $ 13,193,750
3 Demolition 20 $ 365,750 $1,250,000 $0 $ 1,615,750
4 Planning/Project Delivery 31!33 $2,038,241 $ 265,000 $ 245,000 $ 2,548,241
5 General Administration 32a $ 640.295 $0 SD $ 640.295
TOTAL $15,788,536 $5,565,000 $5,145,000 $26,498,536
CDBG-Rita Cont2G # CO6 0003 Page 1 Of 1
ATTACHMENT 3
SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION
COMMUNITY DEVELOPMENT PROGRAM CONTRACT#CO6D003
HURRICANE RITA FUNDING UNDER
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006
THIRD AMENDMENT
STATE OF TEXAS
COUNTY OF IEFFERSON
Section 1
The SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION (Contractor) and the CITY OF PORT
ARTHUR (Subcontractor), do hereby contras and agree to amend the original contract by and between
the parties, effective October 31, 2006, and identified on Contractor's records as CDBG Contract
#C060003 (Contract).
Section 2
The parties hereto agree to amend the contract identified in Section 1 above so that Section 2.1.1.
Time of Performance. is replaced in its entirety with the new Section 2.1.1 as follows, and hereby made
a part of this Third Amendment.
This contract and agreement shall commence on July 28, 2006, and shall terminate on December 31,
2008, unless otherwise specifically provided by the terms of this contras.
Section 3
The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit A.
Performance Statement is replaced in its entirety with the new Exhibit A Performance Statement
attached to this Third Amendment, hereinafter referred to as Exhibit A, and hereby made a part of this
Third Amendment. New Exhibit A consists of two (2) pages.
Section 4
The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit B. Budget
is replaced in its entirety with the new Exhibit B Budget attached to this Third Amendment, hereinafter
referred to as Exhibit B, and hereby made a part of this Third Amendment. New Exhibit B consists of
one (1) page.
Section 5
The parties hereto agree that all other terms of the Contract shall remain in effect as therein set forth
and shall continue to govern except to the extent that said terms conflict with the terms of this Third
Amendment. In the event any conflict in terms exists, this Third Amendment shall control, unless it
cannot be read consistently with the entirety of the contractor is made void by operation of law. Each
capitalized term not expressly defined herein shall have the meaning given to such term in the Contract.
Section 6
By signing this Third Amendment the parties expressly understand and agree that its terms shall become
a part of the Contract as if they were set forth word for word therein. This Third Amendment shall 6e
binding upon the parties hereto and their respective successors and assigns.
AGREED TO AND EXECUTED BY:
SOUTH EAST TEXAS REGIONAL
PLANNING COMMISSION
ay:
Name: Shaun P. Davis
Title: Executive Director
Date:
CITY OF PORT ARTHUR
sy:
Name: Steve Fitzgibbons
Title: Citv Manager
Date:
EXHIBIT A
CONTRACT NO. C 06 0003
PERFORMANCE STATEMENT
SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION
The Contractor shall carry out the following activities in the target area identified in its 2006 CDBG Disaster
Relief application. The persons to benefit from the activities described in this Performance Statement must
be receiving service or a benefit from the use of the new or improved facilities and activities for the contract
obligations to be fulfilled. The Contractor shall ensure that the amount of funds expended for each activity
described does not exceed the amount specified for such activity in Exhibit B, Budget.
Protect Description
The Contractor will provide housing rehabilitation not to exceed four million seven hundred forty-nine
thousand five hundred eighty-nine and no/100 ($4,749,589.00), demolition activities not to exceed one
million six hundred fifteen thousand seven hundred fifty and no/100 ($1,615,750.00), and reconstruction not.
to exceed sixteen million nine hundred forty-four thousand six hundred sixty-one and no/100
($16,944,661.00) in the Hurricane Rita affected counties of Hardin, Jefferson, Orange, and in the cities of
Port Arthur and Beaumont. These activities shall benefit no less than five hundred fifty-seven (557)
beneficiaries, of which one hundred percent (100%) are of low to moderate income. All activities must be for
unmet housing needs resulting from Hurricane Rita. Non Hurricane Rita damage may only be addressed
on structures or properties that also have Rita-related storm damage.
Owner-Occupied Housing Rehabilitation
The Contractor will provide owner-occupied housing rehabilitation not to exceed sixty-five thousand and
no/100 ($65,000.00) per unit to assist a minimum of one hundred ninety-five (195) beneficiaries, of which
one hundred percent (100%) are of low to moderate income.
Rehabilitation includes non-emergency repairs or renovations of a limited specified area or portion of a
housing structure. The rehabilitated portion must comply with local building codes and standards upon
completion.
Demolition
The Contractor will provide demolition activities not to exceed five thousand and no/t00 ($5,000.00) per lot
for a minimum of three hundred twenty-seven (327) lots. The Contractor must use all available resources,
including Housing Authorities, Habitat for Humanity, Community Housing Development Organizations, -and
other non profit organizations, to provide displaced persons with access to decent, safe, sanitary, and
affordable housing in the Contractor's service area during the contract term.
Demolition activities must address threats to public health and safety that may be caused by the presence
of disaster-damaged structures that are unsuitable for rehabilitation.
Housing Reconstruction
The Contractor will provide housing reconstruction not to exceed one hundred thirty-five thousand and
no/100 ($135;000.00) per unit to assist a minimum of three hundred sixty-two (362) beneficiaries, of which
one hundred percent (100%) are of low to moderate income.
The Contractor must ensure that all reconstructed housing units comply with the universal design features
in new construction, established by §2306.514, Texas Government Code, energy standards as verified by a
Page 1 of 2
CDBG-Rita Contract # C06 0003
RESCHECK certification, and the International Residential Codes, as required by Subchapter G, Chapter
214, Local Government Code.
Administration
The Contractor may expend funds provided under this contract for reasonable administrative, planning, and
project delivery costs directly related to this contract in accordance with Sections 3, 4, and 5 of this contract
and the State of Texas Action Plan for CDBG Disaster Recovery Grantees under the Department of
Defense Appropriations Act, 2006 dated as of May 9, 2006 in an amount that is not more than three million
one hundred eighty-eight thousand five hundred thirty-six and Nol100 Dollars ($3,188,536.00).
The Contractor shall draw funds in accordance with Section 26, Administrative Costs Drawdown, and must
ensure that the amount of the Department funds expended for all eligible project-related administration
activities, including the required annual program compliance and fiscal audit, does not exceed the amount
specified for administration in Exhibit B, Budget.
Page 1 of 2
CDBG-Rita Conirad 0 CO6 0003
EXHIBIT B
CONTRACT NO. C 06 0003
BUDGET
SOUTHEAST TEXAS REGIONAL. PLANNING COIViNiISSION
SETRPC Port Arthur Beaumont Total
1 Owner Occupied Rehabilitation 17 $4,075,500 $ 361,189 $ 312,900 $ 4,749,589
2 Reconstruction 17c $8,668,750 $3,688,811 $4,587,100 $ 16,944,661
3 Demolition 20 $ 365,750 $1,250,000 $ 0 $ 1,615,750
4 Planning/Project Delivery 31/33 $2,038,241 $ 265,000 $ 245,000 $ 2,548,241
5 General Administration 32a $ 640,295 $0 $0 $ 640,295
TOTAL $15,788,536 $5,565,D00 $5,145,000 $26,498,53fi
CDBG-Rita Contract # CO6 0003 Page 1 of 1
ATTACHMENT 4
SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION
COMMUNITY DEVELOPMENT PROGRAM CONTRACT #0060003
HURRICANE RITA FUNDING UNDER
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006
FOURTH AMENDMENT
STATE OF TEXAS
COUNTY OF JEFFERSON
Section 1
The SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION (Contractor) and the CITY OF PORT
ARTHUR (Subcontractor), do hereby contract and agree to amend the original contract by and between
the parties, effective October 31, 2006, and identified on Contractor's records as CDBG Contract
#0060003 (Contract).
Section 2
The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit A,
Performance Statement, is replaced in its entirety with the new Exhibit A Performance Statement
attached to this Fourth Amendment, hereinafter referred to as Exhibit A, and hereby made a part of this
Fourth Amendment. New Exhibit A consists of two (2) pages.
Section 3
The parties hereto agree to amend the contrail identified in Section 1 above so that Exhibit B. Budget
is replaced in its entirety with the new Exhibit 8 Budget attached to this Fourth Amendment, hereinafter
referred to as Exhibit B, and hereby made a part of this Fourth Amendment. New Exhibit B consists of
one (1) page.
Section 4
The parties hereto agree that all other terms of the Contract shall remain in effect as therein set
forth and shall continue to govern except to the extent that said terms conflict with the terms of
this Fourth Amendment. In the event any conflict in terms exists, this fourth Amendment shall
control, unless it cannot be read consistently with the entirety of the contractor is made void by
operation of law. Each capitalized term not expressly defined herein shall have the meaning
given to such term in the Contract.
Section 5
By signing this First Amendment the parties expressly understand and agree that its terms shall
become a part of the Contract as if they were set forth word for word therein. This First
Amendment shall be binding upon the parties hereto and their respective successors and
assigns.
AGREED TO AND EXECUTED BY:
SOUTH EAST TEXAS REGIONAL
PLANNING COMMISSION
By:
Name: Shaun P. Davis
Title: Executive Director
Date:
CITY OF PORT ARTHUR
By:
Name: Steve Fitzgibbons
Title: City Manaoer
Date:
EXHIBIT A
CONTRACT NO. C O6 0003
_ PERFORMANCE STATEMENT
SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION
The Contractor shall carry out the following activities in the target area identified in its 2006 CDBG Disaster
Relief application. The persons to benefit from the activities described in this Performance Statement must
be receiving service or a benefit from the use of the new or improved facilities and activities for the contract
obligations to be fulfilled. The Contractor shall ensure that the amount of funds expended for each activity
described does not exceed the amount specified for such activity in Exhibit B, Budget.
Project Description
The Contractor will provide housing rehabilitation not to exceed one million four hundred seventy-four
thousand eighty-nine and no/100 ($1,474,089.00), demolition activities not to exceed one million two
hundred fifty thousand and no/100 ($1,250,000.00), and reconstruction not to exceed twenty million five
hundred eighty-five thousand nine hundred eleven and no/100 ($20,585,911.00) in the Hurricane Rita
affected counties of Hardin, Jefferson, Orange, and in the cities of Port Arthur and Beaumont. These
activities shall benefit no less than five hundred three (503) beneficiaries, of which one hundred percent
(100%) are of low to moderate income. All activities must be for unmet housing needs resulting from
Hurricane Rita. Non Hurricane Rita damage may only be addressed on structures or properties that also
have Rita-related storm damage.
Owner-Occupied Housino Rehabilitation
The Contractor will provide owner-occupied housing rehabilitation not to exceed sixty-five thousand and
no/100 ($65,000.00) per unit to assist a minimum of one hundred sixty-two (62) beneficiaries, of which one
hundred percent (100%) are of low to moderate income.
Rehabilitation includes non-emergency repairs or renovations of a limited specified area or portion of a
housing structure. The rehabilitated portion must comply with local building codes and standards upon
completion.
Demolition
The Contractor will provide demolition activities not to exceed five thousand and no/100 ($5,000.00) per lot
for a minimum of two hundred fifty (250) lots. The Contractor must use all available resources, including
Housing Authorities, Habitat for Humanity, Community Housing Development Organizations, and other non
profit organizations, to provide displaced persons with access to decent, safe, sanitary, and affordable
housing in the Contractor's service area during the contract term.
Demolition activities must address threats to public health and safety that may be caused by the presence
of disaster-damaged structures that are unsuitable for rehabilitation.
Housino Reconstruction
The Contractor will provide housing reconstruction not to exceed one hundred thirty-five thousand and
no/100 ($135,000.00) per unit to assist a minimum of four hundred forty-one (441) beneficiaries, of which
one hundred percent (100%) are of low to moderate income.
The Contractor musl ensure that all reconstructed housing units comply with the universal design features
in new construction, established by §2306.514, Texas Government Code, energy standards as verified by a
Page 1 of 2
CDBG-Rita C°ntrad # CO6 0003
RESCHECK certification, and the International Residential Codes, as required by Subchapter G, Chapter
214, Local Government Code.
Administration
The Contractor may expend funds provided under this contract for reasonable administrative, planning, and
project delivery costs directly related to this contract in accordance with Sections 3, 4, and 5 of this contract
and the State of Texas Action Plan for CDBG Disaster Recovery Grantees under the Department of
Defense Appropriations Act, 2006 dated as of May 9, 2006 in an amount that is not more than three million
one hundred eighty-eight thousand five hundred thirty-six and No/100 Dollars ($3,188,536.00).
The Contractor shall draw funds in accordance with Section 26, Administrative Costs Drawdown, and must
ensure that the amount of the Department funds expended for all eligible project-related administration
activities, including the required annual program compliance and fiscal audit, does not exceed the amount
specified for administration in Exhibit B, Budget.
Page ~ of 2
CDBG-Rita Contrail # C06 0003
EXHIBIT B
CONTRACT N0. C 06 0003
BUDGET
SOUTHEAST TEXAS REGIONAL P LANNING COMMISSION
SETRPC Port Arthur Beaumont Total
1 Owner Occupied Rehabilitation 17 $ 800,000 $ 361,189 $ 312,900 $ 1,474,089
2 Reconstruction 17c $12,310,000 $3,688,811 $4,587,100 $ 20,585,911
3 Demolition 20 $ 0 $1,250,000 $ 0 $ 1,250,000
4 Planning/Project Delivery 31133 $ 2,038,241 $ 265,000 $ 245,000 $ 2,548,241
5 General Administration 32a $ 640,295 $0 $0 $ 640.295
TOTAL $15,788,536 $5,565,000 $5,145,000 $26,498,536
Page 1 of 1
CDBG-Rita Contract # C06 0003
ATTACHMENT 5
SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION
COMMUNITY DEVELOPMENT PROGRAM CONTRACT#C060003
HURRICANE RITA FUNDING UNDER
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006
FIFTH AMENDMENT
STATE OF TEXAS
COUNTY OF JEFFERSON
Section 1
The SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION (Contractor) and the CITY OF PORT
ARTHUR (Subcontractor), do hereby contract and agree to amend the original contract by and between
the parties, effective October 31, 2006, and identified on Contractors records as CDBG Contract
#C060003 (Contract).
Section 2
The parties hereto agree to amend the contract identified in Section 1 above so that Section 2.1.1.
Time of Performance. is replaced in its entirety with the new Section 2.1.1 as follows, and hereby made
a part of this Fifth Amendment.
This contract and agreement shall commence on July 28, 2006, and shall terminate on April 30, 2009,
unless otherwise specifically provided by the terms of this contract.
Section 3
The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit A.
Performance Statement, is replaced in its entirety with the new Exhibit A Performance Statement
attached to this Fifth Amendment, hereinafter referred to as Exhibit A, and hereby made a part of this
Fifth Amendment. New Exhibit A consists of two (2) pages.
Section 4
The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit B, Budget
is replaced in its entirety with the new Exhibit B Budget attached to this Fifth Amendment, hereinafter
referred to as Exhibit B, and hereby made a part of this Fifth Amendment. New Exhibit B consists of one
(1) page.
Section 5
The parties hereto agree that all other terms of the Contract shall remain in effect as therein set forth
and shall continue to govern except to the extent that said terms conflict with the terms of this Fifth
Amendment. In the event any conflict in terms exists, this Fifth Amendment shall control, unless it
cannot be read consistently with the entirety of the contractor is made void by operation of law. Each
capitalized term not expressly defined herein shall have the meaning given to such term in the Contract.
Section 6
By signing this Fifth Amendment the parties expressly understand and agree that its terms shall become
a part of the Contract as if they were set forth word for word therein. This Fifth Amendment shall 6e
binding upon the parties hereto and their respective successors and assigns.
AGREED TO AND EXECUTED BY:
SOUTH EAST TEXAS REGIONAL
PLANNING COMMISSION
sy:
Name: Shaun P. Davis
Title: Executive Director
Date:
CITY OF PORT ARTHUR
sy:
Name: Steve Fitzgibbons
Title: Citv Manager
Date:
EXHIBIT A
CONTRACT NO. C O6 0003
PERFORMANCE STATEMENT
SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION
The Contractor shall carry out the following activities in the target area identified in its 2006 CDBG Disaster
Relief application. The persons to benefit from the activities described in this Performance Statement must
be receiving service or a benefit from the use of the new or improved facilities and activities for the contract
obligations to be fulfilled. The Contractor shall ensure that the amount of funds expended for each activity
described does not exceed the amount specified for such activity in Exhibit B, Budget.
Project Descriction
The Contractor will provide housing rehabilitation not to exceed one million four hundred seventy-four
thousand eighty-nine and no/100 ($1,474,089.00), demolition activities not to exceed one million two
hundred ffty thousand and no/100 ($1,250,000.00), and reconstruction not to exceed twenty million five
hundred eighty-five thousand nine hundred eleven and no/100 ($20,585,911.00) in the Hurricane Rita
affected counties of Hardin, Jefferson, Orange, and in the cRies of Port Arthur and Beaumont. These
activities shall benefit no less than five hundred three (503) beneficiaries, of which one hundred percent
(1D0°k) are of low to moderate income. All activities must be for unmet housing needs resulting from
Hurricane Rita. Non Hurricane Rita damage may only be addressed on structures or properties that also
have Rita-related storm damage.
Owner-Occuoied Housinc Rehabilitation
The Contractor will provide owner-occupied housing rehabilitation not to exceed sixty-five thousand and
no/100 ($65,OOD.00) per unit to assist a minimum of one hundred sixty-two (62) beneficiaries, of which one
hundred percent (100%) are of low to moderate income.
Rehabilitation includes non-emergency repairs or renovations of a limited specified area or portion of a
housing structure. The rehabilitated portion must comply with local building codes and standards upon
completion.
DemolRion
The Contractor will provide demolition activities not to exceed five thousand and no/100 ($5,000.00) per lot
for a minimum of two hundred fifty (250) lots. The Contractor must use all available resources, including
Housing Authorities, Habitat for Humanity, Community Housing Development Organizations, and other non
profit organizations, to provide displaced persons with access to decent, safe, sanitary, and affordable
housing in the Contractor's service area during the contract term.
Demolition activities must address threats to public health and safety that may be caused by the presence
ofdisaster-damaged structures that are unsuitable for rehabilitation.
Housing Reconstruction
The Contractor will provide housing reconstruction not to exceed one hundred thousand and no1100
($100,000.00) per unit to assist a minimum of four hundred forty-one (441) beneficiaries, of which one
hundred percent (100%) are of low to moderate income. For properties located in a floodplain, the
Contractor may use up to an additional thirty-five thousand and no/100 ($35,000) for elevation related
activities.
Page 1 of 2
CDBGRita ContraU # CO6 D003
The Contractor must ensure that all reconstructed housing units comply with the universal design features
in new construction, established by §2306.514, Texas Govemment Code, energy standards as verified by a
RESCHECK certification, and the International Residential Codes, as required by Subchapter G, Chapter
214, Local Government Code.
Administration
The Contractor may expend funds provided under this contract for reasonable administrative, planning, and
project delivery costs directly related to this contract in accordance with Sections 3, 4, and 5 of this contract
and the State of Texas Action Plan for CDBG Disaster Recovery Grantees under the Department of
Defense Appropriations Act, 2006 dated as of May 9, 2006 in an amount that is not more than three million
thirty-eight thousand five hundred Thirty-six and Nof100 Dollars ($3,038,536.00).
The Contractor shall draw funds in accordance with Section 26, Administrative Costs Drawdown, and must
ensure that the amount of the Department funds expended for all eligible project-related administration
activities, including the required annual program compliance and fiscal audit, does not exceed the amount
specked for administration in Exhibit B, Budget.
Page 1 of 2
CDBG-Rda Conlrad ~ CO6 0003
EXHIBIT B
CONTRACT NO. C O6 0003
BUDGET
SOUTHEAST TEXAS REGIONAL PLANNING COMMISSION
SETRPC Port Arthur Beaumont
Total
1 Owner Occupied Rehabilitation 17 $ 800,000 $ 361,189 $ 312,900 $ 1,474,089
2 Reconstruction 17c $12,310,000 $3,688,811 $4,587,100 $ 20,585,911
3 Demolition 20 $ 0 $1,250,000 $ 0 $ 1,250,000
5 Planning/Project Delivery 31/33 $ 1,920,241 $ 296,000 $ 332,000 $ 2,548,241
6 General Administration 32a $ 490.295 SO $0 ~ 490.295
TOTAL $15,520,536 $5,596,000 $5,232,000 $26,348,536
CDBG•Rita COrIIRGI Y. CO6 0003 Page 1 of 1
ATTACHMENT 6
SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION
COMMUNITY DEVELOPMENT PROGRAM CONTRACT #0060003
HURRICANE RITA FUNDING UNDER
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006
SIXTH AMENDMENT
STATE OF TEXAS
COUNTY OF JEFFERSON
Section 1
The SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION (Contractor) and the CITY OF PORT
ARTHUR (Subcontractor), do hereby contract and agree to amend the original contract by and between
the parties, effective October 31, 2006, and identified on Contractor's records as CDBG Contract
#0060003 (Contract).
Section 2
The parties hereto agree to amend the contract identified in Section 1 above so that Section 2.1.1,
Time of Performance, is replaced in its entirety with the new Section 2.1.1 as follows, and hereby made
a part of this Sixth Amendment.
This contract and agreement shall commence on July 28, 2006, and shall terminate on October 31, 2009,
unless otherwise specifically provided by the terms of this contract.
Section 3
The parties hereto agree to amend the contras identified in Section 1 above so that Exhibit A,
Performance Statement. is replaced in its entirety with the new Exhibit A Performance Statement
attached to this Sixth Amendment, hereinafter referred to as Exhibit A, and hereby made a part of this
Sixth Amendment. New Exhibit A consists of three (3) pages.
Section 4
The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit B, Budget
is replaced in its entirety with the new Exhibit B Budget attached to this Sixth Amendment, hereinafter
referred to as Exhibit B, and hereby made a part of this Sixth Amendment. New Exhibit B consists of one
(1) page.
Section 5
The parties hereto agree that all other terms of the Contract shall remain in effect as therein set forth
and shall continue to govern except to the extent that said terms conflict with the terms of this Sixth
Amendment. In the event any conflict in terms exists, this Sixth Amendment shall control, unless it
cannot 6e read consistently with the entirety of the contract or is made void by operation of law. Each
capitalized term not expressly defined herein shall have the meaning given to such term in the Contract.
Section 6
By signing this Sixth Amendment the parties expressly understand and agree that its terms shall become
a part of the Contract as if they were set forth word for word therein. This Sixth Amendment shall be
binding upon the parties hereto and their respective successors and assigns.
AGREED TO AND EXECUTED BY:
SOUTH EAST TEXAS REGIONAL
PLANNING COMMISSION
By:
Name: Shaun P. Davis
Title: Executive Director
Date:
CITY OF PORT ARTHUR
By:
Name: Steve Fitzgibbons
Title: City Manager
Date:
EXHIBIT A
CONTRACT NO. C 06 0003
PERFORMANCE STATEMENT
SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION
The Contractor shall carry out the following activities. Owner-occupied housing rehabilitation, demolition,
and reconstruction activities are limited to the target area identified in its 2006 CDBG Disaster Relief
application. Case management activities can occur throughout the 22 counties impacted by Hurricane Rita.
The persons to benefit from the activities described in this Performance Statement must be receiving
service or a benefit from the use of the new or improved facilities and activities for the contract obligations
to be fulfilled. The Contractor shall ensure that the amount of funds expended for each activity described
does not exceed the amount specified for such activity in Exhibit B, Budget.
Project Description
The Contractor will provide housing rehabilitation not to exceed one million three hundred fourteen
thousand eighty-nine dollars ($1,314,089), demolition activities not to exceed one million two hundred fifty
thousand dollars ($1,250,000), and reconstruction not to exceed twenty million five hundred eleven
thousand four hundred eighty dollars ($20,511,480) in the Hurricane Rita affected counties of Hardin,
Jefferson, Orange, and in the cities of Port Arthur and Beaumont. These activities shall benefit no less
than six hundred forty-five (645) beneficiaries, of which one hundred percent (100%) are of low to moderate
income. All activities must be for unmet housing needs resulting from Hurricane Rita. Non Hurricane Rita
damage may only be addressed on structures or properties that also have Rita-related storm damage. The
Contractor will also provide case management services not to exceed two hundred fifty thousand dollars
($250,000) throughout the 22 county Rita impacted area to assist ACS in completing eligibility
determinations of specifically referred applicants that applied for funding under Public Law 109-148 (Round
I) but that will receive housing assistance under Public Law 109-234 (Round 11).
Owner-Occupied Housino Rehabilitation
The Contractor will provide owner-occupied housing rehabilitation not to exceed sixty-five thousand dollars
($65,000) per unit to assist a minimum of fifty-six (56) beneficiaries, of which one hundred percent (100%)
are of low to moderate income.
Rehabilitation includes non-emergency repairs or renovations of a limited specified area or portion of a
housing structure. The rehabilitated portion must comply with local building codes and standards upon
completion.
Demolition
The Contractor will provide demolition activities not to exceed five thousand dollars ($10,000) per lot for a
minimum of two hundred fifty (250) lots. The Contractor must use all available resources, including
Housing Authorities, Habitat for Humanity, Community Housing Development Organizations, and other non
profit organizations, to provide displaced persons with access to decent, safe, sanitary, and affordable
housing in the Contractor's service area during the contract term.
Demolition activities must address threats to public health and safety that may be caused by the presence
of disaster-damaged structures that are unsuitable for rehabilitation.
CpaGRda ContraIX # CO6 0003 Page 1 of 2
-lousing Reconstruction
The Contractor will provide housing reconstruction not to exceed one hundred thousand dollars ($100,000)
per unit to assist a minimum of five hundred eighty-nine (589) beneficiaries, of which one hundred percent
(100%) are of low to moderate income. The Contractor may use up to an additional thirty-five thousand
dollars ($35,000) for flood mitigation activities on properties located v~ithin the 100 year floodplain.
The Contractor must ensure that all reconstructed housing units comply with the universal design features
in new construction, established by §2306.514, Texas Government Code, energy standards as verified by a
RESCHECK certification, and the International Residential Codes, as required by Subchapter G, Chapter
214, Local Government Code.
Case Management
The Contractor will provide case management assistance to Affiliated Computer Systems, State & Local
Solutions (ACS) with gathering data, documentation, and notarized signatures necessary to assist ACS in
completing eligibility determinations of specifically referred applicants that applied for funding under Public
Law 109-148 (Round I) but that will receive housing assistance under Public Law 109-234 (Round II).
These activities will be focused on the following CDBG disaster assistance eligibility criteria:
1. ownership
2. primary residency
3. income
4. Hurricane Rita damage
5. taxes
6. special needs
7. duplication of benefits
The Contractor is only responsible for gathering the required data, documents, and signatures for these
program areas for those cases assigned to them. They are not responsible for the ultimate determination
of program eligibility or grant determination for these cases. The Contractor will be able to ascertain, based
on .previous experience and through interface with ACS, that the documentation they are collecting is
sufficient to qualify the applicant for program participation.
Contractor staff assigned to the project v~ill be provided access to Worltrack, the Round II system of record
and document depository. ACS will assign specific cases to Contractor eligibility specialists that can be
accessed through Worltrack. The Contractor will log on, determine the status of their assigned caseload,
and determine what activity is necessary to finalize the eligibility requirements for each applicant.
Cases will be assigned to the Contractor based on reed as determined by ACS; typically they will be harder
to serve, less responsive applicants. ACS and the Contractor will work together initially to determine the
appropriate number of cases to be assigned to the Contractor eligibility specialists to allow the timely
completion of the cases assigned. After the initial allocation of cases, the Contractor and ACS will meet
regularly to maintain the appropriate number of cases based on level of effort required and Contractor
resources assigned to the project.
Although the executed contract is between TDHCA and the Contractor, ACS and the Contractor will work
closely together to ensure the successful delivery of case management services by the Contractor to ACS
under the CDBG Disaster Recovery Program known as Round 11. ACS will ensure that Contractor staff are
adequately trained on ACS expectations, the Worltrack system, and all Round II program requirements.
Client assistance will be seamless so as not to give applicants the perception that the Contractor and ACS
are separate entities.
CDBG-Rita ContraC p C060003 Page 1 ot2
Administration
The Contractor may expend funds provided under this contract for reasonable administrative, planning, and
project delivery costs directly related to this contract in accordance with Sections 3, 4, and 5 of this contract
and the State of Texas Action Plan for CDBG Disaster Recovery Grantees under the Department of
Defense Appropriations Act, 2006 dated as of May 9, 2006 in an amount that is not more than three
million hvo hundred thirty-eight fhousand five hundred thirty-six dollars ($3,238,536.00).
The Contractor shall draw funds in accordance with Section 26, Administrative Costs Drawdown, and must
ensure that the amount of the Department funds expended for all eligible project-related administration
activities, including the required annual program compliance and fiscal audit, does not exceed the amount
specified for administration in Exhibit B, Budget.
CDBG-Rita Contrail # CO6 0003 page 1 of 2
EXHIBIT B
CONTRACT NO. C O6 0003
BUDGET
SOUTH EAST TEXAS REGIONAL PLANNING COArifJiISSION
SETRPC Port Arthur ' Beaumont Total
1 Owner Occupied Rehabilitation 17 $ 600,000 $ 361,189 $ 352,900 $ 1,314,089
2 Reconstruction 17c $13,638,689 $3,468,011 $3,404,780 $ 20,511,480
- 3 Demolition 20 $ 0 $1,250,000 $ 0 $ 1,250,000
4 Case Mgmt 31/33 $ 250,000 $ 0 $ 0 $ 250,000
5 Planning/Project Delivery 31/33 $ 1,985,241 $ 321,000 $ 442,000 $ 2,748,241
6 General Administration 32a $ 490295 $0 $0 $ 490.295
TOTAL $16,964,225 $5,400,200 $4,199,680 $26,564,105
ATTACHMENT 7
SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION
COMMUNITY DEVELOPMENT PROGRAM CONTRACT #C060003
HURRICANE RITA FUNDING UNDER
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006
SEVENTH AMENDMENT
STATE OF TEXAS
COUNTY OF JEFFERSON
Section 1
The SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION (Contractor) and the CITY OF PORT
ARTHUR (Subcontractor), do hereby contract and agree to amend the original contract by and between
the parties, effective October 31, 2006, and identified on Contractor's records as CDBG Contract
#C060003 (Contrail).
Section 2
The parties hereto agree to amend the contract identified in Section 1 above so that Section 2.1.1.
Time of Performance, is replaced in its entirety with the new Section 2.1.1 as follows, and hereby made
a part of this Seventh Amendment.
This contract and agreement shall commence on July 28, 2006, and shall terminate on October 31, 2009,
unless otherwise specifically provided by the terms of this contract.
Section 3
The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit A.
Performance Statement, is replaced in its entirety with the new Exhibit A Performance Statement
attached to this Seventh Amendment, hereinafter referred to as Exhibit A, and hereby made a part of
this Seventh Amendment. New Exhibit A consists of two (2) pages.
Section 4
The parties hereto agree to amend the contract identified in Section 1 above so that Exhibit B, Budget
is replaced in its entirety with the new Exhibit B Budget attached to this Seventh Amendment,
hereinafter referred to as Exhibit B, and hereby made a part of this Seventh Amendment. New Exhibit B
consists of one (1) page.
Section 5
The parties hereto agree that all other terms of the Contract shall remain in effect as therein set forth
and shall continue to govern except to the extent that said terms conflict with the terms of this Seventh
Amendment. In the event any conflict in terms exists, this Seventh Amendment shall control, unless it
cannot be read consistently with the entirety of the contract or is made void by operation of law. Each
capitalized term not expressly defined herein shall have the meaning given to such term in the Contract.
Section 6
By signing this Seventh Amendment the parties expressly understand and agree that its terms shall
become a part of the Contract as if they were set forth word for word therein. This Seventh
Amendment shall be binding upon the parties hereto and their respective successors and assigns.
AGREED TO AND EXECUTED BY:
SOUTH EAST TEXAS REGIONAL
PLANNING COMMISSION
sy:
Name: Shaun P. Davis
Title: Executive Director
Date:
CITY OF PORT ARTHUR
ay:
Name: Steve Fitzgibbons
Title: City Manaoer
Date:
EXHIBIT A
CONTRACT NO. C 06 0003
PERFORMANCE STATEMENT
SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION
The Contractor shall carry out the following activities. Owner-occupied housing rehabilitation, demolition,
and reconstruction activities are limited to the target area identified in its 2006 CDBG Disaster Relief
application. The persons to benefit from the activities described in this Performance Statement must be
receiving service or a benefit from the use of the new or improved facilities and activities for the contract
obligations to be fulfilled. The Contractor shall ensure that the amount of funds expended for each activity
described does not exceed the amount specified for such activity in Exhibit B, Budget.
Project Description
The Contractor will provide housing rehabilitation not to exceed one million three hundred fourteen
thousand eighty-nine dollars ($1,314,089), demolition activities not to exceed one million two hundred fifty
thousand dollars ($1,250,000), and reconstruction not to exceed twenty-one million three hundred ninety-
five thousand nine hundred eleven dollars ($21,395,911) in the Hurricane Rita affected counties of Hardin,
Jefferson, Orange, and in the cities of Port Arthur and Beaumont. These activities shall benefit no less
than six hundred sixty-nine (669) beneficiaries, of which one hundred percent (100%) are of low to
moderate income. All activities must be for unmet housing needs resulting from Hurricane Rita. Non
Hurricane Rita damage may only be addressed on structures or properties that also have Rita-related storm
damage.
Owner-Occupied Housing Rehabilitation
The Contractor will provide owner-occupied housing rehabilitation not to exceed sixty-five thousand dollars
($65,000) per unit to assist a minimum of fifty-six (56) beneficiaries, of which one hundred percent (100%)
are of low to moderate income.
Rehabilitation includes non-emergency repairs or renovations of a limited specified area or portion of a
housing structure. The rehabilitated portion must comply with local building codes and standards upon
completion.
Demolition
The Contractor will provide demolition activities not to exceed ten thousand dollars ($10,000) per lot for a
minimum of two hundred fifty (250) lots. The Contractor must use all available resources, including
Housing Authorities, Habitat for Humanity, Community Housing Development Organizations, and other non
profit organizations, to provide displaced persons with access to decent, safe, sanitary, and affordable
housing in the Contractor's service area during the contract term.
Demolition activities must address threats to public health and safety that may be caused by the presence
of disaster-damaged structures that are unsuitable for rehabilitation.
Housing Reconstruction
The Contractor will provide housing reconstruction not to exceed one hundred thousand dollars ($100,000)
per.unit to assist a minimum of six hundred thirteen (613) beneficiaries, of which one hundred percent
(100%) are of low to moderate income. The Contractor may use up to an additional thirty-five thousand
dollars ($35,000) for flood mitigation activities on properties located within the 100 year floodplain.
CDBG-Rita Contrail # CO6 0003 Page 1 of 2
The Contractor must ensure that all reconstructed housing units comply with the universal design features
in new construction, established by §2306.514, Texas Government Code, energy standards as verified by a
RESCHECK certification, and the International Residential Codes, as required by Subchapter G, Chapter
214, Local Government Code.
Administration
The Contractor may expend funds provided under this contract for reasonable administrative, planning, an
project delivery costs directly related to this contract in accordance with Sections 3, 4, and 5 of this contract
and the State of Texas Action Plan for CDBG Disaster Recovery Grantees under the Department of
Defense Appropriations Act, 2006 dated as of May 9, 2006 in an amount that is not more than three
million two hundred thirty-eight thousand five hundred thirty-six dollars ($3,238,536.00).
The Contractor shall draw funds in accordance with Section 26, Administrative Costs Drawdown, and must
ensure that the amount of the Department funds expended for all eligible project-related administration
activities, including the required annual program compliance and fiscal audit, does not exceed the amount
specified for administration in Exhibit B, Budget.
Page 1 of 2
CDBGRiIa Contract it C06 0003
EXHIBIT B
CONTRACT NO. C O6 0003
BUDGET
SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION
SETRPC Port Arthur Beaumont
1 Owner Occupied Rehabilitation 17 $ 600,000 $ 361,189
2 Reconstruction 17c $14,523,120 $3,468,011
3 Demolition 20 $ 0 $1,250,000
4 Case Mgmt 31/33 $ 0 $ 0
5 Planning/Project Delivery 31/33 $ 1,985,241 $ 321,000
6 General Administration 32a $ 490,295 $0 _
$17,598,656 $5,400,200
TOTAL
Total
$ 352,900 $ 1,314,089
$3,404,780 $ 21,395,911
$ 0 $ 1,250,000
$ 0 $ 0
$ 442,000 $ 2,748,241
$0. $ 490 295
$4,199,680 $27,198,536