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Home My WebLink AboutPR 15599: SETRPC CONTRACT AMENDMENT #8INTEROFFICE MEMORANDUM HOUSING ASSISTANCE PROGRAMS To: Steve Fitzgibbons, City Manager ~~//j] From: Mike Mason, Neighborhood and Community Deve~irfent Manager Date: Tuesday, November 3, 2009 Re: P.R.15599 RECOMMENDATION: I recommend the City Council adopt Proposed Resolution 15599, authorizing amendment number eight (8) 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 the amendment to the Contract #C060003: Eiehth Amendment: To amend the Time of Performance to terminate on November 30, 2009. BUDGETARY/FISCAL EFFECT: None STAFFING/EMPLOYEE EFFECT: None SUMMARY: I recommend the City Council adopt Proposed Resolution 15599, authorizing the Amendment number eight (8) 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 P. R. No. 15599 11/3/09 BAF/Housing RESOLUTION NUMBER A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER EIGHT (8) 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 IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the City Manager is authorized to execute Amendment number eight (8) with South East Texas Regional Planning Commission herein and further described in the attached marked Attachment 1; and, THAT a copy of the caption of this Resolution be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED this A.D., 2009 at a Regular Meeting City of Port Arthur, Texas by the following vote: AYES: MAYOR day of of the City Council of the COUNCILMEMBERS NOES: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: ACTING C A RN APPROVED AS TO THE AVAILABILITY OF FUNDS: ~~~.~- DIRECTOR OF FINANCE APPROVED FOR ADMINISTRATION: CITY MANAGER ~~--~ MIKE MASO ,NEIGHBORHOOD AND COMMUNITY DEVELOPMENT MANAGER ATTACHMENT 1 SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION COMMUNITY DEVELOPMENT PROGRAM CONTRACT #0060003 HURRICANE RITA FUNDING UNDER DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006 EIGHTH 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 Eighth Amendment. This contract and agreement shall commence on July 28, 2006, and shall terminate on November 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 Eighth Amendment, hereinafter referred to as Exhibit A,'and hereby made a part of this Eighth 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 Eighth Amendment, hereinafter referred to as Exhibit B, and hereby made a part of this Eighth 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 Eighth Amendment. In the event any conflict in terms exists, this Eighth 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 Eighth 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 Eighth Amendment shall be binding upon the parties hereto and their respective successors and assigns. AGREED TO AND EXECUTED BY: SOUTH EAST 7EXA5 REGIONAL PLANNING tOMMIS510N By: Name: Shaun P. Davis Title: Executive Director Date: CITY OF PORT ARTHUR By: Name: Steve Fitz¢ibbons Title: City Manager Date: EXHIBIT A CONTRACT NO. C O6 0003 PERFORMANCE STATEMENT SOUTH EAST TEXAS REGIONAL PLANNING The Contractor shall carry out the following activities. Owner-occupied housing rehabilitation, demolition, and reconstruction activities are limited to the target area identified in ks 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 ninety-nine thousand one hundred ninety-seven dollars ($1,099,197), demolition activities not to exceed seven hundred seventy-three thousand nine hundred fifty-three dollars ($773,953), and reconstruction not to exceed twenty-one million nine hundred thirty-three thousand eight hundred seventy-nine dollars ($21,933,879) 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 seventy-three (673) 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 forty-six (46) 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 one hundred fifty-five (155) 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 thousand dollars ($100,000) per unit to assist a minimum of six hundred twenty~ight (628) 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. 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 Govemment 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 three hundred ninety-one thousand five hundred seven dollars ($3,391,507.00). 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. EXHIBIT B CONTRACT NO. C 06 0003 BUDGET SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION SETRPC Port Arthur Beaumont Total Owner Occupied $658,093 $240,588 $200,516 $1,099,197 Rehabilitation Reconstruction $15,141,978 $3,430,515 $3,361,386 $21,933,879 Demolition $0 $773,953 $0 $773,953 Planning/Project Delivery $2,138,212 $321,000 $442,000 $2,901,212 General Administration 90 295 $0 ~0 9$4 0,295 TOTAL $18,428,578 $4,766,056 $4,003,902 $27,198,536