HomeMy WebLinkAboutPR 15837: PORT ARTHUR NEIGHBORHOOD ACTION COUNCIL CONTRACTMcYno~andu~i
To: Steve Fitzgibbons, City Manager
From: Rebecca Underhill, Assistant City
Date: Aprll 12, 2010
Re: Proposed Resolution#1837
RECOMMENDATION:
I recommend that the City Council adopt Proposed Resolution #15837 authorizing a
contract with the City of Port Arthur and Port Arthur Neighborhood Action Council.
BACKGROUND:
Port Arthur Neighborhood Action Council was awarded $5,000.00 to provide
neighborhood security through the use of citizen patrol groups; primarily in low to
moderate income neighborhoods:
BUDGETARY/FISCAL IMPACT:
Funding source will be Community Development Block Grant funds.
STAFFING/EMPLOYEE EFFECT:
Funding will not have an effect on our staffing level.
SUMMARY:
I recommend that the City Council adopt Proposed Resolution #15837 authorizing
contracts with the City of Port Arthur and Port Arthur Neighborhood Action Council.
-- PORT ARTHUR lVEPGHBORHOOD ACTlOId COUlYC/L
-~~~~ ~ _ ~ <, P.O. BOX 2006
1~.f~.12.R.C.:' PORT ARTHUR, TEXAS 77643
9~. ~ PRESIDE\T VICE PRESIDE\7 SECRET:IR1' THE:ISI~RER CORR. SECRETARY
-~ Terrv Bearden Walter Breaas 1•iarie fIumphries Henrc Barbosa Doris Guyden
Port Arthur Neighborhood Action Council, Inc.
Terry Bearden, President
P:O. Boz 2006
Port Arthur TX 77643
April 11, 2010 _
Grants Management
City Of Port Arthur
Mrs. Mary Essez
P.O. Boz 1089
Port Arthur, TX 77641
Dear Mrs. F.~ez,
"~''~~~. ?OM
The Port ArthurNeighborhood Action Council has enclosed a proposed budget for the Community
Development Block Program for 2009-2010.
PANAC is a non-profit (501 C-3) organization made ap of representatives from thirteen different
neighborhood groups throughout the city.
The Mission of PANAC ~ to build innovative partnerships with the citizens, Police Department, Fire
Department, and local government while providing the necessary assistance and support to preserve and
improve the City of Port Arthur. ,
PANAC is requesting fonds to continue to supply the supplies and equipment fortbe citizens' patrols.
The request is for $5000.00. The budget is attached.
Citizens' patrols are a very significant aspeet of the ICOP Program of the Police Department. The
programs must continue iaorder to keep the crime rate down.
The organization ~ grateful for past allotments form the CDBG Program.
Sincerely,
erry Bea en, President PANAC
PROPOSED PRIMARY BUDGET
iVEW CDBG FUNDIidG CATEGORIES
#. CATEGORY $ AMOUNT
1 Et1U1PiVIENT
INCLUDES: AUDIO EQUIPMENT, BINOCULARS, COMPUTERS,
COPY MACHINES, FLASHLIGHTS, BATTERIES, BULBS, POLICE
RAOIO EQUIPMENT, POLICE SCANNERS,. STILL. CAMERAS,
VIDEO EQUIPMENT, POLAROID FILM I~~
2 OFFICE SUPPLIES -
INCLUDES: GENERAL OFFICE SUPPLIES, POSTAGE ~/~J
vvv~~_
3 UNIFORMS
INCLUDES: SHIRTS, CAPS, JACKETS, WIND BREAKERS & RAIN ®~
GEAR
4 OTHER SUPPLIES
A/1/I
INCLUDES: NEIGHBORHOOD SIGNS, CAR SIGNS, SIGNS ,
I
TOTAL OF ALL CATEGORIES ABOVE ,~
P. R. 15837
04/12/10 ME-Grants Management
RESOLUTION NUMBER
A RESOLUTION AUTHORIZING THE EXECUTION OF A CDBG
CONTRACT IN THE AMOUNT OF $5,000.00 BETWEEN THE PORT
ARTHUR NEIGHBORHOOD ACTION COUNCIL AND THE. CITY OF PORT
ARTHUR TO PROVIDE NEIGHBORHOOD SECURITY THROUGH THE
USE OF NEIGHBORHOOD ACTION GROUPS, PRIMARILY IN LOW TO
MODERATE INCOME NEIGHBORHOODS.
WHEREAS, the Port Arthur Neighborhood Action Council operates as a
non-profit organization that provides neighborhood security through the use of citizen
patrol groups; and,
WHEREAS, the Department of Housing and Urban Development has
awazded funding to the City in the amount of $1,382,405.00 pursuant to the Housing and
Development Act of 1974 for the primazy benefit of low and moderate income persons;
and,
WHEREAS, the City Council, by its adoption of Resolution Number 09-
129, (authorizing submission of a 35th Year Consolidated Plan) has obligated itself to
provide financial assistance to public services organizations; and,
WHEREAS, under the terms of the grant, the City is to review the
requests for the'disbursement of funds to the Port Arthur Neighborhood Action
Council; and,
WHEREAS, activities undertaken by Port Arthur Neighborhood Action
Council must principally benefit 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; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PORT ARTHUR:
THAT the City Manager is authorized to execute a contract with the Port
.Arthur Neighborhood Action Council in the amount of $5,000.00 for the proposal
outlined herein and further described in the attached contract in substantially the same
form as 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
day
of A.D., 2010 at a Regular Meeting of the City Council of the
City of Port Arthur, Texas by the following vote: AYES:
NOES:
MAYOR
ATTEST:
CITY SECRETARY
AP~PRO/VED FOR FORM:
! v
CITY ATTO Y
APPROVED FOR ADMINISTRATION:
CITY MANAGER
P~FOR AVAILABILITYQO~F FUNDS:
/,qY ~
DEBORAH ECHOES U
CTOR.O~FpFIN~AN_CEi ,, n
Cdr Cit/hEaQ~ ~-~--t'
REBECCA UNDERHILL,
ASSISTANT CITY MANAGER
AGREE TO
PANAC
DATE:
ATTACHMENT 1
CITY OF PORT ARTHUR
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CONTRACT FOR A
NON-PROFIT SUBRECH'IENT .
STATE OF TEXAS
COUNTY OF JEFFERSON
SECTION 1. PARTIES TO THE CONTRACT
This contract and agreement is made'and entered into by and between the City of Port Arthur,
Texas (hereinafter called the "City") acting herein by its Mayor and City Manager, duly
authorized by Resolution of the City Council of the City of Port Arthur and the Port Arthur
Neighborhood Action Council, Jefferson County, Texas (hereinafter called "Subrecipient")
acting. herein by its Executive Director, duly authorized by its Boazd of Directors. The parties
hereto agree, by the execution hereof, that they aze bound to the mutual obligations and to the
performance and' accomplishment of the tasks described herein.
WITNESSETH THAT:
WHEREAS, the Subrecipient operates as a Texas non-profit organization that
provides neighborhood security through the use of neighborhood action groups; and,
WHEREAS; the U. S. Department of Housing and Urban Development (HUD)
has awazded funding to the-City in the amount of $1,382,405.00 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant"); and,
WHEREAS, by the adoption of Resolution 09-129 (authorizing submission of a
35th Yeaz Community Development Block Grant Application) the City has obligated itself to
provide financial assistance to Port Arthur Neighborhood Action Council for activities for
neighborhood watch groups that benefit low and moderate income neighborhoods in Port Arthur
through a contract with the Subrecipient; and,
WHEREAS, under the terms of the grant the. City must ensure that all applicable
federal requirements are met concerning the disbursement of funds to the Subrecipient; and,
WHEREAS, projects undertaken by the Subrecipient pursuantto this contract
must principally be of direct benefit to low and moderate income persons as has been determined
by the parties and is established under the guidelines of the Housing and Community
Development Act of 1974, as amended;
Now, Therefore, The Parties hereto do mutually agree as follows:
SECTION 2: CONTRACT PERIOD
This contract and agreement shall commence on Apri120, 2010 and shall terminate on Apri120,
2011 unless otherwise specifically provided by the terms of this contract.
SECTION 3. ~ SUBRECIPIENT'S PERFORMANCE
The Subrecipient shall assist in providing safe and secure neighborhoods by use of neighborhood
action groups. Assisting the Police Department in monitoring crime and reporting violators
through the use of citizen patrol.groups.
In order to coordinate action between the police department and the citizen patrol groups, Port
Arthur Neighborhood Action Council shall. designate a liaison to work with the Chief of Police
and his designees. Port Arthur Neighborhood Action Council, its officers, and its patrols shall
follow the directions and instructions of the Chief of Police and his designees as to the hours of
patrol, the routes, and the menus and methods to report crimes.
Community Development Block Grant funds shall be used to purchase equipment and supplies
needed for the basic operation of the program. The patrol groups will be required tb perform
weekly neighborhood patrols.
Currently, Port Arthur Neighborhood Action Council has in excess of 14 individual groups
(within 9 districts) in the City. Port Arthur Neighborhood Action Council shall use the CDBG
funds to provide supplies to these patrol groups in substantially the same amounts. Nevertheless,
Port Arthur Neighborhood Action Council shall not fund a neighborhood action. group that does
not follow the procedures of Port Arthur Neighborhood Action Council or the procedures of the
Chief of Police. These procedures should be designed to efficiently and safely patrol the
neighborhoods. Neither Port Arthur Neighborhood Action Council nor its citizen patrol groups
shall be involved in any political activities or election campaigns.
Such services to low and moderate-income persons shall be provided in accordance with the
Housing and Community Development Act of 1974, as amended (hereinafter called the Act).
The Subrecipient shall perform all activities in accordance with the terms of the Performance
Statement, hereinafter called Exhibit A; the Budget, hereinafter called Exhibit B; the Project
Implementation Schedule, hereinafter called Exhibit C; the Applicable Laws and Regulations,
hereinafter called Exhibit D; the Certifications, hereinafter called Exhibit E; the assurances,
certifications, and all other statements made by the Subrecipient in its application for the project
funded under this contract; and with all other terms,. provisions, and requirements set forth in this
contract. It shall be Subrecipient's responsibility to fiunish its own accounting services
including clerical, statistical, bookkeeping for expenditures made by Subrecipient in performance
of the obligations herein.
SECTION 4: CITY'S OBLIGATIONS
A. Measure of Liability
Inconsideration of full and satisfactory performance of the activities referred to in
Section 3 of this contract; City shall tie liable for actual and reasonable costs incurred by
the Subrecipient during the contract period for performances rendered under this contract.
by Subrecipient, subject to the limitations set forth in this Section 4.
It is expressly understood and agreed by the parties hereto that City's obligations
under this Section 4 aze contingent uponthe actual receipt of adequate federal
funds to meet City's liabilities under this contract. If adequate fiords aze not
available to make payments under this contract, City shall notify Subrecipient in
writing within. a reasonable time after such fact is determined. City shall then
terminate this contract and will not be liable for failure to make payments to
Subrecipient under this contract.
2. City shall not be liable to Subrecipient for any costs incurred by Subrecipient, or
any portion thereof, which has been paid to Subrecipient or is subject to payment
to Subrecipient, or has been reimbursed to Subrecipient or is subject to
reimbursement to Subrecipientby any source other than City or Subrecipient.
City shall not be liable to Subrecipient for any costs incurred by Subrecipient or
for any performances rendered by Subrecipient which aze not allowable costs as
set forth in Section 6C of this contract. City assumes no responsibility to
reimburse Subrecipient for any unauthorized expense incurred nor shall
Subrecipient create any deficit in the name of City nor shall Subrecipient assign
any payment due from City to any other party.
4. City shall only disburse funds to Subrecipient upon receipt of income verification
forms from each participant, or other evidences approved by City's Grants
Management staff. These invoices must be in accordance with Exhibit B of this
contract.
5. City shall not be liable to Subrecipient for any costs incurred by Subrecipient for
any performances rendered by Subrecipient which aze not strictly in accordance
with the terms of this contract, including the terms of Exhibit A, Exhibit B,
Exhibit C, Exhibit D, and Exhibit E of this Contract.
6. City shall not be liable for costs incurred or performances rendered by
Subrecipient before commencement of this contract or after termination of this
contract.
B. Limit of Liability
Notwithstanding any other provision underthis contract, tha total of all payments and
other obligations incurred by City under this contract shall not exceed the sum of Five
Thousand Dollars and No/100 ($5,000.00).
SECTION 5. DISBURSEMENT OF FUNDS °
A. Subrecipient may not request'disbursement of funds under this contract until the funds
are needed for payment of eligible costs. The amount of each request must be limited to
the amount needed.
B. It is expressly understood and agreed by the parties hereto that payments under this
contract aze contingent upon Subrecipient's full and satisfactory performance of its
obligations under this contract. City reserves the right to recapture funds provided under
this contract in the event that Subrecipient hasbeen unable to commit funds before the:
end of this contract period.
C. It is expressly understood and agreed by the parties hereto that any right or remedy
provided for in this Section 5 or in any other provision of this contract shall not preclude
the exercise of any other right or remedy under this contract or under any provision of
law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver
of any other rights or remedies. Failure to exercise any right or remedy hereunder shall
not constitute a waiver of the right to exercise that or any other right or remedy at any
time.
SECTION 6. UNIFORM ADMINISTRATIVE REQUIREMENTS,
COST PRINCIPLES. AND PROGRAM INCOME
A. Subrecipient shall maintain records of the receipt, accrual, and disposition of all
program income in the same manner as required for all other funds under. this contract.
Subrecipient shall provide reports of program income as requested by City and at the
termination of this contract.
B. Subrecipient shall return to City; upon ternnation of this contract, any unused funds and.
ariy income derived specifically from the use of Community Development Block Grant
(CDBG) funds by Subrecipient. Income to Subrecipient, which is generated as a result of
Subrecipient's use of grant funds, shall be considered program income of City's regular
CDBG Program and must be returned to City.
C. As anon-profit organization, Subrecipient must comply with applicable regulations under
OMB Circulaz Numbers A-110 and A-122 pursuant to 24 CFR Part 570.
SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS
A. Subrecipient must establish and maintain sufficient records, as determined by City, to
account for the expenditure and use of CDBG funds.
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B. Subrecipient shall. give the City, the Comptroller of the United States, or any of their duly
authorized representatives, access to and the right to examine all books accounts,7ecords,
reports, files and- other papers, things or property belonging to or in use by Subrecipient
pertaining to this contract.- -Such rights to access shallcontinue as long as the records aze
retained by Subrecipient. Subrecipient agrees to maintain such records in an accessible
location.
C. All records pertinent to this contract shall be retained by Subrecipient for three yeazs
following the date of termination of this contract or submission of the final close-out
report, whichever is later, with the following exceptions:
L If any-litigafion, claim or audit is started before the expiration of.the three-yeaz
period and extends beyond the three-year period, the records will be maintained
until all litigation, claims or audit findings involving the records have been
resolved.
2. Records relating to real property acquisition or long-term lease shall be retained
for a period equal to the useful life of any repairs made with CDBG funds.
SECTION 8. REPORTING REQUIREMENTS
A. Subrecipient shall submit to the City~a copy of each patrol group schedule. The report
will be due on the 15t1i of every month. Subrecipient shall provide City with all reports
necessary for City's compliance with 24 CFR Part 570.
B. In addition to the limitations on liability otherwise specified in this contract, it is
expressly understood and agreed by the parties hereto that if Subrecipient fails to submit
to City in a timely and satisfactory manner any report required by this contract, City may,
at its sole discretion, withhold any or all payments otherwise due or requested by
' Subrecipient hereunder. If City withholds such payments, it shall notify Subrecipient in
writing of its decision and the reasons therefore. Payments withheld pursuant to this
paragraph may be held by City until such time as the delinquent obligations for which
funds aze withheld are fulfilled by Subrecipient.
SECTION 9. MONITORING
The City reserves the right to, from fime to time, carry out field inspections to ensure compliance
with the requirements of this contract. Subrecipient shall attend a compliance meeting after the
award of funds and prior to the first draw. After each monitoring visit, City shall provide
Subrecipient with a written report of the monitor's fmdings. If the monitoring reports note
deficiencies in Subrecipient's performances under the terms of this contract, the monitoring
report shall include requirements for the timely correction of such deficiencies by Subrecipient.
Failure by Subrecipient to take action specified in the monitoring report may be cause for
suspension or termination of this contract, as provided in Sections I7 and 18 of this contract. The
city has adopted the following monitoring system:
1. Perform in house review of Subrecipient's reimbursement requests;
2. Provide each Subrecipient with information on fmancial management;.
4. Provide each Subrecipient with a copy of the monitoring guidelines
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is contracting with
Subrecipient as an Independent Contractor, and that Subrecipient, as such, agrees to hold City
harmless and to indemnify City from and against any and all claims, demands, and causes of
action of every kind and character which maybe asserted by any third party occurring or in any
way incident to, arising out of, or in connection with the services to be performed by
Subrecipient under this contract.
SECTION 11. SUBCONTRACTS
A. Except for subcontracts to which the federal labor standazds requirements apply,
Subrecipient may not subcontract for performances described in this contract without
obtaining City's written approval. Subrecipient shall only subcontract for performances
described inthis-contract to which federal labor standazds requirements apply after
Subrecipient has submitted a Subcontractor Eligibility Form, as specified by City, for
each proposed subcontract, and Subrecipient has obtained City's prior written approval,
based on the information submitted, of Subrecipient's intent to enter into such proposed
subcontract. Subrecipient, in subcohtracting for any performances described in this
contract, expressly understands that in entering into such subcontracts, City is in no way
liable to Subrecipient's subcontractor(s).
B. In no event shall any provision of this Section 11, specifically the requirement that
Subrecipient obtain City's prior written approval of a subcontractor's eligibility, be
construed as relieving Subrecipient of the responsibility for ensuring that the.
performances rendered under all subcontracts aze rendered so as to comply with all terms
of this contract, as if such performances rendered were rendered by Subrecipient. City's
approval under Section 11 does not constitute adoption, ratification; or acceptance of
Subrecipient's or subcontractor's performance hereunder. City maintains the right to
insist upon Contractor's full compliance with the terms of this contract, and by the act of
approval under Section 11, City does not waive any right of action which may exist or
-which may subsequently accrue to City under this contract.
C. Subrecipient shall comply with all applicable federal, state, and local laws,
regulations, and ordinances for making procurement under this contract.
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SECTION 12. CONFLICT OF INTEREST
No person who (1) is an employee, agent, consultant, officeror elected or appointed official of
the City of Port Arthur or any applicant that receives funds and who exercises or has exercised
any functions or responsibilities with respect to activities assisted with funds provided. under this
contract or (2) who is in a position to participate in a decision making process or gain inside
information with regazd to such activities may obtain a personal or financial interest or benefit
from a CDBG assisted activity, or have an interest in any contract, subcontract, or agreement (or
proceeds thereof) with respect to a CDBG assisted activity either for themselves or those with
whom they have family or business ties, during their tenure or for one year thereafter.
Subrecipient shall ensure compliance with applicable provisions under 24 CFR 85.36 and OMB
Circular A-110 imthe procurement of property and services.
SECTION 13. NONDISCRIMINATION AND SECTARIAN ACTIVITY
A. Equal Opportunity. Subrecipient shalPensure that no person shall on the grounds of
race, color, religion,. sex, handicap,. familial status, or national origin be excluded from
. participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds provided under this contract. In
addition, funds provided under this contract must be made available in accordance with
the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701u) that:
1. To the greatest extent feasible, opportunities for training and employment arising
in connection with the planning and carrying out of any project assisted with
CDBG funds provided under this contract be given to low-income persons
residing within the City of Port Arthur; and
2. To the greatest extent feasible, contracts for work to be performed in connection
with any such project be awazded to business concerns, including, but not limited
to, individuals or firms doing business in the-field of planning,.consulting, design,
azchitecture, building construction, rehabilitation, maintenance, or repair, which
aze located in or owned in substantial part by persons residing in the City of Port
Arthur. .
B. .Religious Organizations. Funds provided under this contract may not be provided to
primarily religious organizations, such as churches, for any activity including secular
activities. In addition, funds provided under this contract may not be used to rehabilitate
or construct housing owned by primarily religious organizations or to assist primarily
religious organizations in acquiring housing. Funds provided under this contract may not
be used to rehabilitate or construct nonresidential buildings owned by primarily religious
organizations except as provided in Section 22 of this. contract. Services provided and
funded under this contract must be for seculaz purposes and must be available to all
persons regardless of religion. There must be no religious or membership criteria for
either tenants or users of property or services as. specified in 24 CFR 92.257 and.24 CFR
Part 570.`
SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to enter
into this contract, receive funds authorized by this contract, and to perform the services
Subrecipient has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Subrecipient, or
representing themselves as signing and executing this contract on behalf of Subrecipient,
do hereby warrant and guarantee that he, she or they have been duly authorized by
Subrecipient to execute this contract on behalf of Subrecipient and to validly and
legally bind Subrecipient to all terms, performances, and provisions herein set forth.
C. Subrecipient shall not employ, awazd contract to, or fund any person that has been
debarred, suspended, proposed for debarment, or placed on ineligibility status by U.S.
Department of Housing and Urban Development. In.addition, City shall have the right to
suspend or ternunate this contract if Subrecipient is debarred; proposed for debarment, or
ineligible from participating in the CDBG Program.
SECTION 15. LITIGATION AND CLAIMS
Subrecipient shall give City immediate notice in writing of 1) any action„including any
proceeding before an administrative agency filed against Subrecipient in connection with this
contract; and 2) any claim against Subrecipient, the cost and expense of which Subrecipient may
be entitled to be reimbursed by City. Except as otherwise directed by City, Subrecipient shall
furnish immediately to City copies of all pertinent papers received by Subrecipient with respect
to such action or claim.
SECTION 16. CHANGES AND AMENDMENTS
A. Except as specificaily provided otherwise in this contract, any alterations,. additions, or
deletions to the terms of this contract shall be by amendment hereto in writing and
executed by both parties to this contract.
B. It is understood and agreed by the parties hereto that performances under this contract
must be rendered in accordance with the Act, the regulations promulgated under the Act,
the assurances and certifications made to City by Subrecipient, and the assurances and.
certifications made to the United States Department of Housing and Urban Development
by the City of Port Arthur with regard to the operation of the City's CDBG Program.
Based on these considerations, and in order to ensure the legal and effective performance
of this contract by both parties, it is agreed by the parties hereto that the performances
under this contract aze by the provisions of the CDBG Program and any amendments
thereto and may further be amended in the following manner: City mayfrom time to
t
time during the period of performance of this contract issue policy directives which serve
to establish, interpret, or clarify performance requirements under this contract. Such
policy directives shall be promulgated by the City Manager when authorized by the Ciry
Council of Port Arthur in the form of CDBG issuances shall have the effect of qualifying
the. terms of this contract and shall be binding upon Subrecipient, as if written herein,
provided however that said policy directives and any amendments to the City's CDBG
Program shall not alter the terms of this contract so as to release City of any obligation
specified in Section 4 of this contract to reimburse costs incurred by Subrecipient prior to
the effective date of said amendments or policy directives.
C. Any alterations, additions, or deletions to the terms of this contract which aze required by
changes in Federal or state law or regulations aze automatically incorporated into this
contract without written amendment.hereto, and shall become effective on the date
designated 6y such law or regulation.
SECTION 17. SUSPENSION
In the event Subrecipient fails to comply with any terms of this contract, City may, upon written
notification to Subrecipient, suspend this contract in whole or in part and withhold further
payments to Subrecipient, and prohibit Subrecipient from incurring additional obligations of
funds under this contract.
SECTION 18. TERMINATION
The City may terminate this contract in whole or in part, in accordance with 24 CFR 85.43 and
this Section. In the event Subrecipient materially fails as determined by City, to comply with
any term of this contract, whether stated in a Federal statute or regulation, an assurance, in a City
plan or application, a notice of awazd, or elsewhere, City may take one or more of the following
actions:
Temporarily withhold cash payments pending correction of the deficiency by
Subrecipient or take more severe enforcement action against Subrecipient.
2. Disallow all or part of the cost of the activity or action not in compliance.
Withhold further CDBG awazds from Subrecipient.
4. Take other remedies that maybe legally available as determined by the City, to
comply with the terms of this contract, Ciry may terminate this contract for
convenience in accordance with 24 CFR 85.44. This contract may be terminated
at any time when both parties agree that the continuation of the performances
would not produce beneficial results commensurate with further expenditure of
funds. Termination shall occur 30 days after the parties agree to temunate. The
Subrecipient shall not incur any new obligations once an agreement to terminate
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is reached and shall cancel all.outstanding obligations.. The Sabrecipient will be
reimbursed for expenses incurred to the date of termination provided grant funds
aze available:
SECTION 19. AUDIT
A. Unless otherwise directed by City, Subrecipient shall arrange for the performance of an
annual financial and compliance audit of funds received and performances rendered.
under this contract, subject to the following conditions and limitations:
Subrecipient shall have an audit made in accordance with 24 CFR Part 44, or
OMB Circulaz A-133 for any of its fiscal yeazs included within the contract
period specified in Section 2 of this contract in which the Subrecipient receives
more than $500,000 in Federal financial assistance provided by a Federal agency
in the form of grants, contracts, loans, loan guarantees, property, cooperative
agreements, interest subsidies, insurance or duect appropriations, but does not
include direct federal cash assistance to individuals. The term includes awazds of
Federal financial assistance received directly from federal agencies, or indirectly
through other units of State and local government;
2. At the option of Subrecipient, each audit required by this section may cover either
Subrecipient's entire operations or each department, agency, or establishment of
Subrecipient which received, expended, or otherwise administered federal funds,
3. Notwithstanding Section 4(a)(4) and Section 4(a)(5), Subrecipient shall utilize
funds budgeted under this contract to pay for that portion of the cost of such audit
services properly allocable to the activities funded by City under this contract;
provided however that City shall not make payment for the cost of such audit
services until City has received such audit report from Subrecipient;
4. Unless otherwise specifically authorized by City in writing, Subrecipient shall
submit the report of such audit to City within thirty (30) days after completion of
the audit, but no later than one (1) yeaz after the end of each fiscal period included
within the period of this contract. Audits performed under Subsection A of this
Section 19 aze subject to review and resolution by City or its authorized
representative. `
5. As a part of its audit, Subrecipient shall verify expenditures according to the
Budget attached as Exhibit B.
B. Notwithstanding Subsection A of this Section 19, City reserves the right to conduct an
annual financial and compliance audit of funds received and performances rendered
under this contract. Subrecipient agrees to permit City or its authorized representative to
audit Subrecipient's records and to obtain any documents, materials, or information
necessary to facilitate such audit.
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C. Subrecipient understands and. agrees that i4 shall be liable to City for any costs disallowed
pursuant to financial- and;compliance audit(s) of funds received under this contract.
Subrecipient further understands and agrees that reimbursement to City of Port Arthur '
such disallowed costs shall be paid by Subrecipient from funds, which were not provided
or otherwise made available to Subrecipient under this contract.
D. Subrecipient shall take all necessary actions to facilitate the performance of such audit or
audits conducted pursuant to this Section 19 as City may require of Subrecipient.
E: All approved CDBG audit reports shall be made available for public inspection.within 30
days after completion of the audit.
F. Each Subrecipient is required to complete a form that states if the organization receives
$500,000 or more in Federal funding. The completed form will be placed in the
organization's CDBG file.
G. If the organization receives $500,000 or more in Federal funds, then the organization
must have a financial and compliance audit completed and' submitted to the City within
thirty (30) days after the completion of the audit, but no later than nine (9) months after
the end of each fiscal period included within the period of its CDBG cortract.
H. If the organization receives less than $500,000 in Federal funds, then the City will require
a limited scope audit. If the organizafion has a routine audit done annually, then the City
would request a copy of the audit.
I. All audits will be received by the City's financial department.
The City will keep anaudit-tracking log that states such information as when each
Subrecipient's fiscal yeaz ends; the audit due date, and the date the City received a copy
of the audit.
SECTION 20. ENVIRONMENTAL CLEARANCE REQUIREMENTS
A. Subrecipient understands and agrees that by execution of this contract Subrecipient shall
be responsible for providing. to City all information, concerning this CDBG funded'
project, required for City. to meet its responsibilities for environmental review, decision
making, and other action which applies to City in accordance with and to the extent
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient further
understands and agrees that Subrecipient shall make all reasonable efforts to assist City in
handling inquiries and complaints from persons and agencies seeking redress in relation
to environmental reviews covered by approved certifications.
SECTION 21. LABOR STANDARDS
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A. Davis-Bacon Wage Rates. All laborers and mechanics employed in the rehabilitation of a
project assisted under this contract shall be paid wages at rates not less than those
prevailing on similaz rehabilitation in this locality, if such a rate category exists, or the
appropriate rate as determined by the Secretary of Labor in accordance with the
Davis-Bacon Act (40 U.S.C. 276a-5), and contracts involving their employment shall be
subject to the provisions, as applicable, of the Contract Work Hours and Safety Standards
Act (40 U.S.C. 327-333). Construction contractors and subcortractors, must comply with.
regulations issued under these Acts and with other federal laws and regulations pertaining
to labor standazds and HUD Handbook 1334.1 (Federal Labor Standards Compliance in
Housing and Community Development Programs), as applicable:
B. Copeland Anti-Kickback Act. Subrecipient shall comply with all applicable regulations
of the Secretary of Labor, United States Department of Labor, made pursuant to the
so-called "Copeland Anti-Kickback Act" of June 13, 1934, (48 Stat. 948:62 Stat. 862;
Title U.S.C., Section 874; and. Title 40 U.S.C., Section 276 C), and any amendments or
modifications. thereof, and shall cause appropriate provisions to be inserted. in any
contracts or subcontracts pursuant to the performances under this contract to ensure
compliance therewith by all contractors and subcontractors thereto.
SECTION 22. SPECIAL CONDITIONS
A. City shall not release any funds for costs, incurred by Subrecipient under this contract.
until City has received certification from subrecipient that its fiscal control and fund
accounting procedures aze adequate to assure proper disbursal of and accounting for
funds provided under this contract: City shall specify the content and form of such
certification.
B. Repayment. Subrecipient agrees that all repayments, including all interest and other
return on the investment of CDBG funds will be made to City. City reserves the right to
permit Subrecipient to retain interest or return on investment of CDBG funds for
additional eligible activifies by the Subrecipient.
C. Reversion of Assets. Upon ternnation of this Contract, all equipment and funds
remaining on hand on the date of termination, and all. accounts receivable attributable to
the use of funds received under this contract shall revert to City. Subrecipient shall return
these assets to City within seven (7) business days after the date of termination.
D. Displacement, Relocation, and Acquisition. Subrecipient must ensure that it will not
displace persons (families, business and non-profit organizations) as a result of a project
assisted with funds provided-under this contract.
SECTION 23. ORAL AND WRITTEN CONTRACTS
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A: All otal.and written contracts between the.parties to.-this contract relating to the. subject
matter of this contract that. were made prior to the execution of this contract have been
reduced to writing and aze contained in this contract.
B. The attachments enumerated and denominated below are hereby made a part of this
contract, and constitute promised performances by Subrecipient in accordance with
Section 3 of this contract:
1. Exhibit A, Performance Statement
2. Exhibit B, Budget
3. Exhibit C, Project Implementation Schedule
4. Exhibit D, Applicable Laws and Regulations
5. Exhibit E, Certifications
SECTION 24. VENUE
For purposes of litigation pursuant to this contract, venue shall lie in Jefferson County, Texas.
SECTION 25. ADDRESS OF NOTICE AND COMMUNICATIONS
City of Port Arthur
.Mary E. Essex,
Grants Program Administrator
444 4th Street
Port Arthur, Texas 77640
SECTION 26. CAPTIONS
Port Arthur Neighborhood Action
Council
P.O. Box 2371
Port Arthur, Texas 77642
Attention: President
Each paragraph of this contract has been supplied with a caption to serve only as a guide to.
contents. The caption does not control the meaning of any pazagraph or in any way detemune its
interpretation or application.
SECTION 27. COMPLIANCE WITH FEDERAL STATE AND LOCAL LAWS
Subrecipient shall comply with all Federal, State and local laws, statutes, ordinances, rules,
regulations, orders and decrees of any court or administrative body or tribunal related to-the
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall famish satisfactory proof of its compliance herewith.
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SIGNED AND AGREED to on this the
PANAC
of
BY:
SIGNED AND AGREED to on this the
DIRECTOR
day of
CITY OF PORT. ARTHUR
2010.
2010..
BY:
STEPHEN FITZGIBBONS,
CITY MANAGER
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EXHIBIT A
Performance Statement
Port Arthur Neighborhood Action Council
Subrecipient shall carry out the following activities identified in its 2009 CDBG Application:
Assisting the Police Department in monitoring crime and reporting violators through the use of
citizen patrol. groups.
In order to coordinate action between the police department and the citizen patrol groups, Port
Arthur Neighborhood Action Council shall designate a liaison to work with the Chief of Police
and his designees. Port Arthur Neighborhood Action Council, its officers, and its patrols shall.
follow the directions and instructions of the Chief of Police and hisdesignees as to the hours of
patrol, the routes, and the menus-and methods to report crimes.
Community Development-Block Grant funds shall be used to purchase equipment and supplies
needed for the basic operation of the program. The patrol. groups will be required to perform
weekly neighborhood patrols.
Currently, Port Arthur Neighborhood Action Council has. in excess of 14 individual groups
(within 9 districts) in the City. Port Arthur Neighborhood Action Council shall use the CDBG
funds to provide supplies to these patrol groups in substantially the. same amounts. Nevertheless,
Port Arthur Neighborhood Action Council shall not fund a neighborhood action group that does
not follow the procedures of Port Arthur Neighborhood Action Council or the procedures of the
Chief of Police. These procedures should be designed to efficiently and safely patrol the
neighborhoods. Neither Port Arthur Neighborhood Action Council nor its citizen patrol groups
shall be involved in any political activities or election campaigns.
Funds shall be disbursed to Subrecipient on a periodic basis, with such periods not to exceed
quarterly. Subrecipient shall be paid solely-from Community Development Block Grant Funds.
Subrecipient shall utilize Five Thousand Dollars and No/100 ($5,000.00).
ADMINISTRATION
Subrecipient shall utilize its own funds to carry out all project administration activities, including
the cost associated with the required annual program compliance and fiscal audit. It is further
understood that any costs above this contract amount incurred by the Subrecipient for these
activities shall be paid for with private or other funds.
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EXHIBIT B
Budget..
Port Arthur Neighborhood Action Council
ACTIVITY CONTRACT
FUNDS OTHER
FUNDS TOTAL
FUNDS
1) Eguiament
AudioBinoculazs/
Computer/Copy/Machine/F
lashlightsBulbsBatteries/P
olice lZadio/Police
Scanner/Still ~ ,
Cazneras/Video Equipment
$1,000.00 0 $1,000.00
2) Office Suoalies
General Office Supplies/
Pos a $1,000.00 0 $1,000.00
3) Uniforms
Shirts/Caps/Jackets/Wind
Breakers $2,000.00 0 $2,000.00
4) Other Suaalies
Neighborhood Signs / Caz
Signs/Audit $1000.00 0 $1,000.00
TOTAL $5,000.00
$5,000.00
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EXHIBIT C
Project Implementation Schedule
Port Arthur Neighborhood Action Council `
CONTRACT START DATE: CONTRACT ENDING DATE:
Activities 1 2 3 4 5 6 7 8 9 10 11 12
Prepaze
Syllabus/Ptogram
X
General Administration X X X X X X X X X X X X
Final Report & Close-out X
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EXHIBIT D
The Applicable Laws and Regulations
Subrecipient shall comply with all federal, state, and local laws and regulations applicable to the
activities and performances rendered by Subrecipient under this contract including, `but not
limited to, the laws and regulations specified in Section I through IV of this Exhibit D.
I. CIVIL RIGHTS
The Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR part
10; Executive Order 11.063, as amended by Executive Order 11063, as amended by
Executive Order 12259 (3 CFR, 1958-1963 Comp., 652 and 3 CFR, 1980 Comp., p. 307)
(Equal Opportunity in Housing and implementing regulations at 24 CFR, Part 107; and
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination on
Federally Assisted Programs) and implementing regulations issued at 24 CFR, Part 1;
Executive Order 11063, as amended by Executive Order 12259, and 24 CFR part 107,
"Nondiscrimination and Equal Opportunity in Housing under Executive order 11063 or
24 CFR,. Part 107 shall be a proper basis for the imposition of sanctions specified in 24
CFR 107.60;
The prohibition against discrimination on the basis ofage under the Age Discrimination
Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24-CFR, Part-146, and
the prohibitions against discrimination against handicapped individuals under Section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at
24 CFR, Part 8; .
The requirements of Executive Orders 1246 (3 CFR 1964-65, Comp., p. 339) (Equal
Employment Opportunity) and the implementing regulations issued at 4I CFR, Chapter
60.-
The requirements of Executive Orders 11625 and 12432 (concerning Minority Business
Enterprise), and 12138 (concerning. Women's Business Enterprise). Consistent with
HUD's responsibilities under these Orders, each applicant must make efforts to encourage
the use of minority and women's business enterprises in connection with HOME funded
activifies. Each Contractor must prescribe procedures acceptable to the City to establish
activities to ensure the inclusion, to the maximum extent possible; of minorities and
women, and. entities owned by minorities and women. The Contractor/Subcontractor will
be required to identify contracts which have been bid by minority owned, women owned,
and/or small disadvantaged businesses.
The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.);
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and
"Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of
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. the Department of Housing and,Urban Development", 24 CFR, Part 8. By signing this
contract, Contractor understands and agrees that. the activities funded herein shall be
operated in accordance with 24 CFR, Part 8; and the Architectural Barriers Act of 1968
(42 U.S.C., Section 4151 et. seq.), including the use of a telecommunications device for
deaf persons (TDDs) or equally effective communication system.
II. ENVIRONMENTAL STANDARDS ~.
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12,:1982);
24 CFR Part 51, Environmental Criteria and Standards
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EXHIBIT E
Certification Regarding Lobbying for
Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his knowledge and belief, that:
No federal appropriated funds have been paid orwill be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of congress, an officer or employee
of congress, or an employee of a member of congress in connection with the
awarding of any federal contract, the making of any federal grant, the making. of
any federal loan, the entering into of any cooperative agreement, or modification
of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officeror employee of
any agency, a member of congress, an officer or employee of congress; or an
employee of a member of congress in connection with this federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
standard form -LLL, "Disclosure Form to Report Lobbying", in accordance with
its instructions.
The undersigned shall require that the language of this certification be included in
the awazd documents for all subawazds at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and.
that all subrecipients shall certify and disclose accordingly.
This certification is material representation of fact which reliance was placed when this
transaction was made or entered into. Submission of this certification. is a prerequisite for
making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any
person who fails to file the required. certification shall be subject to a civil penalty of not less
than $100,000 for each such failure.
Signed:
.President
Port Arthur Neighborhood Action Council
Date
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