HomeMy WebLinkAboutPR 16265: SAVANNAH HOUSING CORPORATION Interoffice 91�t'emorandum
�fousing � �11�eigFi6orhood �vitaG,zation
To: Steve Fitzgibbons, City Manager
From: Mike Mason, Director ofHousrng & Neighborhood Revitalization
Date: Thursday, December 16, Z010'
Re: P, R. No. 16265
RECOMMENDATION:
I recornmend the City Council adopt Proposed Resolution 16265, authorizing th�
execut:ion of a contract between the City of Port Arthur and Savannah Housing
Corpo��ation in the amount of $150,000, to assist with construction of four (4) homes in
the 1100 Block of 5tn
BACKG ROU N D:
The City of Port Arthur has obligated itself to fulfill the requirements of the Federal
HOME Program in allocating a minirr�um of fifteen percent (15%) of its annual HOME
Progr�im funds for eligible CHDO Set:-aside activities.
Savannah Housing Corporation is a c:hartered Texas non-profit corporation whirh meets
all of t:he guidelines for re-certification as a Community Housing Development
Organization (CHDO), in accordance with the requirements of 24 CFR 92.300.
Savannah Housing Corporation will use a minimum of 15% CHDO Set-aside Federal
HOME Program funds to assist in carrying o�t the mission of the City of Port Arthur
Housing Assistance Programs to eliminate blight and provide decent, safe, sanitary, and
affordable housing for low and mod�rate inc�me persons/families within the City.
As much as 80% of the new constr�ction homes shall be Energy STAR qualified homes.
Savannah Housing Corporation will work closely with the Tejano Center to insu�
qualified buyers are aware of and have access to new homes constructed in th� City by
Savannah Housing Corporation.
The City of Port Arthur Housing and Neighborhood Revitalization Department will also
work ��losely with Savannah Housiny Corporation to assist with providing low and
moderate income first time homebuyers.
The Tejano Center will facilitate the First TimP Homebuyer Program which will include
homebuyer orientation and education classes, credit and budget workshops, on�: on one
counse�ling, pre-purchase and post-purchase counseling.
Additionally, the City will provide down payment and closing costs assistance up to
$20,000, (up to $17,000 to assist with down payment and $3,000 to assist with closing
costs), based on actual need. Savannah Housing Corporation has obligated itself to
providE� additional funds up to $5,000 per home to assist the homebuyer with dc�wn
payment and closing costs.
BUDGETARY/FISCAL EFFECT:
Funding will be provided by the Federal HOME Program CHDO Set-aside funds, account
numbE�r 108-2141-626.59-00, project numbers HE0601, HE0701 and HE0801.
STAFFING/EMPLOYEE EFFECT:
Housir�g & Neighborhood Revitalization Department staff will be responsible for
administering the contract with Savannah Housing Corporation.
SUMMARY:
I recornmend the City Council adopt Proposed Resolution 16265, authorizing the
execut:ion of a contract between the City of Port Arthur and Savannah Housing
Corpor•ation in the amount of $150,000 to assist with construction of a four (4) homes.
P. R. 16265
12-16-10 MM/baf/Housing
RESOLUTION NUMBER
A RESOLUTION AUTHURIZING THE EXECUTION OF A
CONTRACT BEfWEEN SAVANNAH HOUSING CORPORATION
AND THE CITY OF PORT ARTHUR IN THE AMOUNT OF
$150,000 ( ACCOUNT NUMBER 108-2141-626.59-00, PROJECT
NUMBERS HE0601, HE0701 & HE0801) TO ASSIST WITH
CONSTRUCTION OF FOUR (4) HOMES IN THE 1100 BLOCK
OF 5 STREET AND PROVIDE UP TO $20,000 FOR
DOWN PAYMENT AND CLOSING COSTS ASSISTANCE FOR
LOW TO MODERATE INCOME PERSON/FAMILIES (ACCOUNT
NUMBER 105-2141-626.54-00 PROJECT HE0904) AND
AUTHORIZING CHODO RECERTIFICATION IN ACCORDANCE
WITH THE REQUIREMENTS OF THE FEDERAL HOME PROGAM
WHEREAS, Savannah Housin� Corporation (°SHC� was chartered as a Texas
non-pr�ofit corporation to provide safe, decent, sanitary and affordable housing to low
and moderate income families; and,
WHEREAS, under the requirements of 24 CFR 92.300, SHC meets the
requirf:ments of the Federal HOME program regulations for designating/certifying non-
profit ��rganizations as Community Housing Development Organizations; and,
WHEREAS, the Department of Housing and Urban Development awards Federal
HOME Program funds to the City annually, pursuant to the Housing and Development
Act of 1974 for the primary benefit caf low and moderate income persons/families; and,
WHEREAS, the City Council, by its adoption of Resolution Number 10-11;7,
(authc�rizing submission of a 2010 Consolidated Plan), has obligated itself to prnvide
direct financial assistance for home awnership to low and moderate income
persor�s/families; and,
WHEREAS, under the terms of the grant, the City Council must approve �he
reque��t for the disbursement of funds to the SHC in the amount of $150,000 ta assist
with construction of four (4) homes in the 1100 Block of 5 Street, as delineated in the
Contr�jct in substantially the same farm as attached hereto as Exhibit "A"; and,
WHEREAS, the City will provide down payment and closing costs assistance of up
to $20,,000 for each low to moderate income person/families; and,
WHEREAS, SHC has obligated itself to provide additional funds of up to $5,000
per home to assist the prospective homeowner with down payment and closing costs;
and,
WHEREAS, activities undertaken by th� SHC must principally benefit low and
moderate income persons/families 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, BE IT RESOLVED E�Y THE CITY COUNCIL OF THE CITY OF
PORT ,ARTHUR:
THAT the facts and opinions in the Preamble are true and correct.
THAT the City Manager is herein autharized to execute a Contract with Savannah
Housirig Corporation in the amount af $150,C100 to assist with construction of fc►ur (4)
homes� in the 1100 Block of 5 Street as outlined herein and further described in the
attach�ed Contract, in substantially the same form as attached hereto as Exhibit °A".
THAT the certification is valid for one �1) year as outlined herein and further
described in the Certificate, attached hereto �s Exhibit ��B".
THAT a copy of the caption ot this Resolution be spread upon the minutes of the
City Cc�uncil.
READ, ADOPTED AND APPROVED this day of _ A.D.,
2011, at a Regular Meeting of the City Counc:il of the City of Port Arthur, Texas by the
following vote:
AYES: MAYOR
COUNCILMEMBERS
NOES:
MAYOR
ATTE�iT: APPROVED FOR AVAILABILITY OF
FUNDS:
CITY SECRETARY DIRECTOR OF FINANCE
APPR�DVED FOR FORM:
� � � _� .
��,," � ' � _.J��` �`�
CITY ��TTORNEY �
APPR�DVED FOR ADMINISTRATION:
CITY I��IANAGER
MIKE I�IASON, DIRECTOR OF HOUSING AND
NEIGFIBORHOOD REVITALIZATION
EXHIBIT "A"
CITY OF PORT ARTHUR
CONTRP,CT
FOR A
CONIlrliJNITY HOUSING DEVELOPMENT ORGANIZATION
STATE OF TEXAS �
COUNTY OF JEFFERSON �
SECTION 1. PARTIES TO THE CONTRACT
This contract and agreement is made and entered into by anc�
between the City of Port Arthur, 'Pexas (hereinafter called the
"City") acting herein by its Mayo_r and City Manager, duly
authorized by Resolution of the C:ity Council of the City of` Port
Arthur and the Savannah Housing Corporation, (hereinafter called
"CHDC") Jefferson County, Texas. The parties hereto agree, by
the execution hereof, that they a:re bound to the mutual
obligations and to the performanca and accomplishment of tY�e
tasks described herein.
WITNE�SSETH THAT:
WHEREAS, the CHDO operates as a Texas non-profit
corporation that is organized to ,�ssist low income individt�als
and families achieve the American dream of Homeownership; �ind,
WHEREAS, the Department of Housing and Urban
Devel.opment annually award HOME Program funding to the Cit��,
pursL�ant to the Housing and Devel�opment Act of 1974, as ame�nded
(here:inafter called the "grant"); and,
WHEREAS, under the term,� of the grant the City must
ensure that all applicable ;state ��nd federal requirements are met
concerning the disbursement of furzds to the CHDO; and,
WHEREAS, projects undert�aken by the CHDO pursuant to
this contract must principa:lly be of direct benefit to low and
moderate income persons as :has be�n determined by the parties and
is established under the guidelin�s of the Housing and Community
Development Act of 1974, as amended;
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:
SECTION 2. CONTRP,CT PERIOD
This contract and agreement shall commence on January 5, 2C10 and
shall terminate on January 4, 2012, unless otherwise specifically
provided by the terms of this coni�ract.
SECTION 3. CHDO'S PERFORMANCE
The CHDO shall construct four (4) homes in the 1100 Block c�f 5th
Street. for low and moderate incomE= persons/families with
projected sales prices of $96,000 and house plans of 1200 �;q. ft.
to 1400 sq. ft. in the next twelve (12) months for low and
moderate income persons/families. The homebuyer will be re:quired
to participate in a First Time Homebuyer Program and maintain the
property as their primary residen��e for the applicable peri.od of
affordability, or the City will racapture the funds investe�d.
The F'irst Time Homebuyer Program .includes homebuyer orienta�tion
and education classes, credit and budget workshops, indiviclual
counseling, pre-purchase and post-purchase counseling. Savainnah
Housing Corporation will provide the qualified buyers. Sav�nnah
Housing Corporation will work closely with the Tejano Cente�r to
insur•e qualified buyers are aware of and have access to new homes
const.ructed in the City. Sauannah Housing Corporation will work
close:ly with DS4�1 Homes, LLC to pr��vide construction of the homes.
The City of Port Arthur Housing �and Neighborhood Revitalization
DepaY�tment will also work closely with Savannah Housing
Corpc>ration to assist with providing low and moderate income
first. time homebuyers.
In acldition, funds are bein.g provided to assist with the
construction costs in the total amount of $150,000 is beinc�
provi.ded as delineated in Exhibit "B'" from Federal HOME Program.
As much as 80% of the new construc:tion homes shall be Energy STAR
qualified homes.
The City of Port Arthur sha:11 protride down payment and closing
costs assistance in the amo�ant not: to exceed up to $20,000.
Savannah Housing Corporation has obligated itself to provid.e
additional funds up to $5,0��0 per home to assist the homebuyer
with down payment and closing cost;s associated with the purchase
of the homes.
The CHDO shall perform all <�ctivit:ies in accordance with th.e
terms of the Performance Statement�, hereinafter called Exhibit A;
the Budget, hereinafter called Exhibit B; the Project
Implementation Schedule, he:reinaft�er called Exhibit C; the
Applicable Laws and Regulations, hereinafter called Exhibit D;
the Certifications, hereinafter c��lle.d Exhibit E; the assur�ances,
certifications, and all oth�r statements made by the CHDO i.n its
application for the project funded under this contract; anc� with
a1:1 other terms, provisions, and �requirements set forth in this
contract. It shall be CHDO's responsibility to furnish it�� own
accounting services includi:ng cle:rical, statistical, bookke�eping
for expenditures made by CH:DO in performance of the obligat.ions
herein.
SECTION 4. CITY'S OBLIGATIONS
A. M easure of Liability
In consideration of full and satisfactory performance of the
activities referred to in Section 3 of this contract, City shall
be liable for actual and reasonab:le costs incurred by the C:HDO
durin.g the contract period for pe:rformances rendered under this
contr�act by CHDO, subj ect to the limi_tations set forth in t:his
Section 4.
1. It is expressly underst��od and agreed by the part:ies
heret.o that City's obligations un�der this Section 4 are
conti.ngent upon the actual receipt of adequate federal funcis to
meet City's liabilities under this contract. If adequate f=unds
are r.�at available to make payments under this contract, Cit:y
shall. notify CHDO in writing within a reasonable time afte�: such
fact is determined. City shall then terminate this contrac:t and
will not be liable for failure to make payments to CHDO un<ier
this contract.
:Z. City shall not be liable� to CHDO for any costs incurred
by CH]�U, or any portion thereof, which has been paid to CHDO or
is su]�ject to payment to CHDO, or has been reimbursed to CHDO or
is su'oject to reimbursement to CHI>O by any source other than City
or CH:DO.
3. City shall not be liable� to CHDO for any costs incurred
by CH:DO or for any performances rE�ndered by CHDO which are not
allowable costs as set fortlz in S�ction 6 of this contract. City
assumes no responsibility to reimk�urse CHDO for any unauthorized
expense incurred nor shall CHDO create any deficit :in the n.ame of
City nor shall CHDO assign <�ny pa�rment due from City to any other
party.
4. City shall only disburse� funds to CHDO upon receipt of
invoices from suppliers or ��ontrar_tors or other evidences
approved by City's Housing .Assistance staff. These invoice:s must
be in accordance with Exhibit B oiE this contract.
5. City shall not be liablES ta CHDO for any costs ir.�curred
by CHDO for any performances rend�red by CHDO which are not.
strictly in accordance with the terms of this contract, inc�luding
the terms of Exhibit A, Exhibit B, Exhibit C, Exhibit D, ar.id
Exhibit E of this Contract.
6. City shall not be liabl�� for costs incurred or
performances rendered by CHDO bef��re commencement of this
contr�act or after termination of this contract.
B. Lim of Liability
Notwithstanding any other provision under this contrac:t, the
total. of all payments and other obligations incurred by Cit:y
undeY• this contract shall n.ot exceed the sum of One Hundreci Fifty
Thou�cand and No/100 Dollars ($150,000.00) for new construct:ion
act:ivities .
SECT]:ON 5. DISBURSEMENT OF FUNDS
A. City will reimburse el.igible costs incurred under thi:�
contr�act in accordance with the requirements of 24 CFR 92. CHDO
shal7_ not request disbursement of funds under this contrac1� until
the i=unds are needed for pa�yment of eligible costs. The amount
of e��ch request must be limited to the amount needed.
B. It� is expressly underst=ood arzd agreed by the parties hereto
that payments under this contract are contingent upon CHDO'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 CHDO has been unal�le to
commit funds before the end of th�Ls contract period.
C. City will release land acquis�Ltion funds for ti�le
policy/closing fees at the �ime a settlement statement and
invoice is provided by CHDO indic��ting the total closing costs
for the purchase of land.
D. City will release land <�cquis_Ltion funds for appraisals and
surveys at the time an invo:ice is provided by CHDO.
E. City will release funds for pre-development activities at the
time an invoice is presented by CHDO for each pre-development
l:ine item listed in Exhibit B.
F. It is expressly understood and agreed by the parties h.ereto
that any right or remedy pr��vided for� in this Section 5 or in any
other provision of this contract shall not preclude the exe:rcise
of any other right or remedy unde�� this contract or under a.ny
provision of law, nor shall any artion taken in the exerciae of
any right or remedy be deem�d a w��iver of any other right�� or
remedies. Failure to exercise any ri.ght or remedy hereunder
shall not constitute a waiv�r of i�he right to exercise that. or
any other right or remedy at any 1�imE.
SECTION 6. UNIFORM ADMINISTRP,TIVE REQUIREMENTS
COST PRINCIPLES, AND PROGRAM INCOME
A. CHDO shall maintain records of the receipt, accrual, a�nd
disposition of all program income in the same manner as rec�uired
for all other funds under this contract. CHDO shall provicle
reports of program income as requested by City and at the
termination of this contract.
B. Upon the completion of the construction of (4) foun c��mes
and the termination of this contr��ct, CHDO shall return to City,
$37,500 in unused funds and any i�ncome derived specificall�r from
the u.se of said HOME funds by CHDi�. The remaining $112,500, shall
be retained and utilized by CHDO �solely for City approved
eligible CHDO activities. Said funds and the income which is
gener�ate� as a result of CHODO' s�use of grant funds shall k�e
utili.zed for the above stated purposes for three consecuti�re
uses. CHDO shall be required to p:rovide reports detailing t:he
opera.tion, performance and the eligible use and flow of HODZE
fund� retained by CHDO.
C. As a non-profit organization, CHDO must comply with
applicable regulations under OMB �:irr.ular Numbers A-110 anc� A-122
pursu.ant to 24 CFR Part 92.
SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS
A. CHDO must establish and maintain sufficient records, ais
deter�mined by City, to account fo:r the expenditure and use of
HOME funds.
B. CHDC� shall give the City, the Comptroller of the Unite�d
States, or any of their duly auth��rized representatives, ac:cess
to an.d the right to examine all b��oks accounts, records, re:ports,
files and other papers, things or property belonging to or in use
by CHDO pertaining to this cont:ract. Such rights to acce:�s
shall continue as long as the rec��rds are retained by CHDO. CHDO
agrees to maintain such records i�n an accessible location.
C. All records pertinent to thi;s contract shall be retair�ed by
CHDO for three years following th�� date of termination of t:his
contract or submission of the fin<�1 close-out report, whicr�ever
is later, with the following exce��tions:
1.. If any litigation, claim or audit is started befc�re the
expiration of the three year peric�d and extends beyond the three
year period, the records will be maintained until all litic�ation,
claims or audit findings involving the records have been
resolved.
2. Records relating to rea:1 property acquisition or long
term lease shall be retained for �� period equal to the usef`ul
life af any repairs made with HOMl3 funds.
SECTION $. REPORTING REQUIREMENTS
A. CHDV shall submit to City suc�h reports on the operatic�n and
performance of this contract as m<�y be required by City inc:luding
but not limited to the reports specified in this Section 8. CHDO
shall provide City with all reports necessary for City's
compliance with 24 CFR Part 92.
B. In addition to the lim:itatioris on liability otherwise
specif:ied in this contract, it is expressly understood and agreed
by the parties hereto that :if CHDO fails to submit �o City in a
timely and satisfactory manner an}r report required by this
contract, City may, at its sole d�Lscretion, withhold any or all
payments otherwise due or requestE�d by CHDO hereunder. If City
withho:lds such payments, it shall notify CHDO in writing of its
decision and the reasons thereforE.. Payments withheld pursuant
to this paragraph may be he:Ld by C.ity until such time as th.e
delinquent obligations for �Nhich i=unds are withheld are fulfilled
by CHDO.
SECTION 9. MONITORING
The City reserves the right to, from time to time, carry ou.t
field inspections to ensure compl_Lance with the requirements of
this contract. CHDO shall ��ttend a compliance meet:ing after the
award ��f funds and prior to the f_�rst draw. After each
monitoring visit, City shal:l prov_�de CHDO with a wr:itten report
of the monitor's findings. If the: m�nitoring reports note
deficiencies in CHDO's performance�s under the terms of this
contract, the monitoring report shall include requirements for
the timely correction of su��h def_�ciencies by CHDO. Failur�e by
CHDO to take action specifi��d in t�he monitoring report may be
cause for suspension or termination af this contract, as pr�ovided
in Sections 17 and 18 of this cont�ract.
SECTION 10. INDEPENDENT CANTRACTOR
It is expressly understood �and agr_eed by the parties heretc� that
City is contracting with CHDO as ��n Independent Contractor, and
that CHDO, as such, agrees to hold City harmless and to ind'.emnify
City from and against any a:nd all claims, demands, and cau�es of
action of every kind and ch,aracte�r which may be asserted by� any
third party occurring or in any w<�y incident to, arising ou.t of,
or in connection with the service:� tc� be performed by CHDO under
this contract. CHDO shall present proof of Directors and Officers
Insurance.
SECTION 11. SUBCONTRACTS
A. Except for subcontracts to wlzich� the federal labor sta.ndards
requirements apply, CHDO ma�y not :subcontract for performances
described in this contract withoul� obtaining City's writter.�
approval. CHDO shall only subcontract for performances de:�cribed
in th.is contract to which federal labor standards requireme�nts
apply after CHDO has submitted a;Subcontractor Eligibility Form,
as s��ecified by City, for each pr��posed subcontract, and C�iDO has
obtained City's prior written app:roval, based on the information
submitted, of CHDO's intent to en�ter into such proposed
subccntract. CHDO, in subcontracting for any performances
described in this contract, expre;ssly understands that in
entering into such subcontracts, City is in no way liable t;o
CHDO's subcontractor(s).
B. In no event shall any provis:ion of this Section 11,
specifically the requirement that CHDO obtain City's prioY-
written approval of a subcontractc�r's eligibility, be const:rued
as relie CHDO of the responsil�ili.ty for ensuring that t:he
performances rendered under all siabcantracts are rendered :co as
to comply with all terms of this contract, as if such
performances rendered were rendered by CHDO. City's approv�al
under Section 11 does not constitiate adoption, ratificatiori, or
acceptance of CHDO's or subcontrartor's performance hereuncter.
City maintains the right to insis1t upon Contractor's full
compliance with the terms of this contract, and by the act of
approval under Section 11, City dc�es not waive any right of`
action which may exist or which m<�.y subsequently accrue to City
under this contract.
C. CHDO shall comply with all appli.cable federal, state, and
l�cal laws, regulations, and ordinances for making procure�rients
under this contract.
SECTION 12. CONFLICT OF INTEREST
No person who (1) is an employee, agent, consultant, office:r or
elected or appointed offici,al of i�he City of Port Arthur or• any
applicant that receives fun��s and whc� exercises or :has exeY•cised
any functions or responsibilities wit.h respect to activitie�s
assisted with funds provide�3 unde:r this contract or (2) whc� is in
a position to participate i:n a derisi.on making process or a�ain
inside information with reg,ard to such activities may obtai.n a
personal or financial inter�st or benefit from a HOME assi��ted
activity or have an interest in ��ny contract, subcontract, or
agreement (or proceeds ther�of) w:ith respect to a HOME assi.sted
activity either for themsel�ves or thase with whom they have:
family or business ties, during theiY� tenure or for one yea.r
thereafter. CHDO shall ens�ure cornpliance with applicable
provisions under 24 CFR 85.36 and OMB Circular A-110 in the:
procurement of property and servires.
SECTION 13. NONDISCRIMINATION AND SECTARIAN ACTIVITY
A. Equal Opportunity. CHDO shall E�nsure that no person shall on
the grounds of race, color, relig:ion, sex, handicap, familial
status, or national origin :be exc=Luded from participation in, be
denied the benefits of, or :be sub_jected to discrimination u.nder
any program or activity fun�3ed in whole or in part with fun�ds
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 Developnient
Act of 1968 (12 U.S.C. 1701u) that:
l. To the greatest e:xtent jEeasible, opportunities fc�r
training and employment arising in connection with the plar�ning
and carrying out of any project a:�sisted with HOME funds pr•ovided
under this contract be give:n to low-income persons residing�
wi�hin the City of Port Art:hur; and
2. To the greatest e:xtent jEeasible, contracts for wc�rk to
be performed in connection with any such project be awarded'� to
business concerns, including, but not limited to, individua.ls or
firms doing business in the field of planning, consulting,
design, architecture, building construction, rehabilitation,
maintenance, or repair, whi��h are located in or owned in
substantial part by persons resid:ing in the City of Port Ar�thur.
B. Religious Organizations. Funds provided under this
contract may not be provide�3 to p��imarily religious
organizations, such as chur��hes, jEor any activity including�
secular activities. In addition, funds provided under thi�
contract may not be used to rehab:ilitate or construct housing
owned by primarily religious organizations or to assist primarily
religi�us organizations in acquir:ing housing. Funds provid�ed
under this contract may not be usE�d t.o rehabilitate or con�truct
nonresidential owned by primarily religious organizations e:xcept
as provided in Section 22 of this contract. The completed
housing or nonresidential b�uilding(s) must be used exclusiti�ely by
the owner entity for secular pur��oses and must be availabl.e to
all persons regardless of r�ligion. There must be no religious or
membership criteria for eit:her tenant.s or users of the property
as specified in 24 CFR 92.257.
SECTION 14. LEGAL AUTHORTTY
A. CHDO assures and guaramtees t�hat CHDO possesses legal
authority to enter into thi;s cont�_act, receive funds author�ized
by this contract, and to pe:rform t:he services CHDO has obligated
to perform hereunder.
B. The person or persons �signinq and executing this contr�act on
behalf of CHDO, or representing themselves as signing and
executing this contract on �ehalf of CHDO, do hereby warran.t and
guarantee that he, she or they haue been duly authorized by� CHDO
to execute this contract on behalf_ of CHDO and to validly a.nd
legally bind CHDO to all te:rms, pe�rformances, and provision.s
herein set forth.
C. CHDO shall not employ, award contract to, or fund any person
that has been debarred, suspended,, proposed for debarment, or
placed on ineligibility status by U.S. Department of Housin.g and
Urban Development. In addition, (�ity shall have the right to
suspend or terminate this contract: if CHDO is debarred, prc�posed
for debarment, or ineligibl�� from participating in the HOME�
Program.
SECTION 15. LITIGATION ADiI) CLAIMS
CHDO shall give City immedi,�te not=ice in writing of 1) any
action, including any proceading before an administrative a.gency
filed against CHDO in conne��tion with this contract; and 2) any
claim against CHDO, the cost and e�xpense of which CHDO may be
entitled to be reimbursed b�y City. Except as otherwise diY�ected
by City, CHDO shall furnish immed.�ately to City copies of a.11
pertinent papers received b�y CHDO with respect to such action or
claim.
SECTION 16. CHANGES AND AMENDMENTS
A. Except as specifically provided otherwise in this contract,
any alterations, additions, or de:Letions to the terms of th,is
contract shall be by amendment he�reta in writing and execut.ed by
both parties to this contract.
B. It is understood and agreed by the parties hereto that.
performances under this contract rnust. be rendered in accoro�ance
with the Act, the regulatio:ns prornulgated under the Act, tY:�e
assurances and certificatio:ns madE� tc City by CHDO, and the:
assurances and certifications made to the United States
Department of Housing and Urban Davelopment by the City of Port
Arthur with regard to the operation of the City's HOME Proc�ram.
Based. on these considerations, anc3 in order to ensure the l.egal
and effective performance of thi;s contract by both partie�:, it
is agreed by the parties hereto t]zat the performances undeY� this
contract are by the provisions of the HOME Program and any
amendments thereto and may furthe:r be amended in the follo�iing
manner: City may from time to time during the period of
performance of this contract issuE= policy directives which serve
to establish, interpret, or clari:Ey performance requirement.s
under this contract. Such policy directives shall :be promL�lgated
by the City Manager when authorized by the City Council of Port
Arthur in the form of HOME issuances shall have the effect of
qualifying the terms of this cont:ract. and shall be :binding upon
CHDO, as if written herein, provided however that said poli.cy
directives and any amendments to 1�he City's HOME Program sr�all
not alter the terms of this contr<�ct so as to release City of any
obligation specified in Section 4 of this contract to reim��urse
costs incurred by CHDO prior to tlze effective date �of said
amendments or policy directives.
C. Any alterations, additions, c�r deletions to the terms of
this contract which are req�uired ��y changes in Federal or ���tate
law or regulations are automatica:Lly incorporated into thi��
contract without written amendment hereto, and shall become:
effect.ive on the date desig:nated by such law or regulation.
SECTION 17. SUSPENSION
In the event CHDO fails to comply with any terms of this
contract,, City may, upon written notification to CHDO, sus��end
this contract in whole or i:n part and withhold further payments
to CHDO, and prohibit CHDO from incurring additional obliga.tions
of funds under this contract.
SECTION 18. TERMINATION
The City may terminate this contr��ct in whole or in part, in
accordance with 24 CFR 85.43 and i�his Section. In the even.t CHDO
materially fails as determi:ned by City, to comply with any term
of this contract, whether stated =in a. Federal statute or
regulation, an assurance, i:n a Cit�y Flan or application, a notice
of award,. or elsewhere, Cit�y may t�ake one or more of the
following actions:
l, Temporarily withhold ca:�h payments pending correction
of the deficiency by CHDO o:r take more severe enforcement action
against CHDO.
2. Disallow all or p��rt of the cost of the activity or
act:ion. not in compliance.
3, Withhold further ]�OME a�vards from CHDO.
4. Take other remedies that; may be legally available as
determined by the City, to romply with the terms of this
contract, City may terminat�� this contract for convenience in
accordance with 24 CFR 85.4-4. Th_Ls contract may be termina.ted at
any time when both parties agree t=hat the continuation of the
performances would not prod,ace beneficial results commensurate
with further expenditure of funds.. Termination shall occur 30
days after the parties agrea_ to te�rminate. The CHDO shall not
incur any new obligations o�ce an agreement to term.inate is
reached and shall cancel a11 outst=anding obligations. The CHDO
will be reimbursed for expe�nses incurred to the date of
termination provided grant funds ��re available.
SECTION 19. AUDIT
A. Unless otherwise directed by City, CHDO shall arrange for
the performance of an annual financial and compliance audit of
funds received and performances re:ndered under this contract,
subject to the following co:nditions and limitations:
1. CHDO shall have a:n audit� made in accordance with 24 CFR
Part 44, or OMB Circular A for any of its fiscal years
included within the contract period specified in Section 2 of
this contract in which the CHDO receives more than $25,000 in
Federal financial assistanca prov:ided by a Federal agency in the
form of grants, contracts, loans, loan guarantees, property�,
cooperative agreements, int�rest subsidies, insurance or direct
appropriations, but does not include direct federal cash
assistance to individuals. The tE.rm includes awards of Fec�eral
financial assistance receiv�ed dirE�ctly from federal agencie:s, or
indirectly through other units of State and local governmer.�t;
2. At the option of CHDO E�ach� audit required by thi.s
section may cover either CH:DO' entire operations or each
department, agency, or esta:blishmE�nt of CHDO which receivec�,
expended, or otherwise administerE=_d federal funds;
3. Notwithstanding Section 4(a)(4) and Section 4(a)(5),
CHDO shall utilize funds budgeted under this contract to pay for
that portion of the cost of such ��udit services properly
allocable to the activities funded by City under this contract,
provi�ed however that City :�hall riot make payment for the cost of
such audit services until C:ity ha:� received such audit report
from CHDO;
4, Unless otherwise specif�Lcally authorized by City in
writing, CHDO shall submit �he report of such audit to City
within thirty (30) days after completion of the audit, but no
later than one (1) year aftE�r the end of each fiscal period.
included within the period of thi:� contract. Audits performed
under Subsection A of this �3ectiori 19 are subject to review and
resolution by City or its a�athori:;ed representative.
5. As a part of its <�udit, CHDO shall verify expenditures
according to the Budget att<�ched ��s Exhibit B.
B. Notwithstanding Subsection A of this Section 1.9, City
reserves the right to condurt an annual financial and
compliance audit of funds raceived and performances rendered
under th�s contract. CHDO agrees to permit City or its
authorized representative to audit. CHDO's records and to o��tain
any documents, materials, o:r info��mation necessary to facilitate
such audit.
C. CHDO understands and a!�rees t:hat it shall be liable tc� City
for any costs disallowed pu:rsuant to financial and complian.ce
audit ( s) of funds received �under t�his contract . CHDO furth.er
understands and agrees that reimbursement to City of such
disallowed costs shall be p;aid by CHDO from funds which weY�e not
provided or otherwise made �availak�le to CHDO under this con.tract.
D. CHDU shall take all ne�cessar�,r actions to facilitate th�.e
performance of such audit or audii:s conducted pursuant to t.his
Section 19 as City may require of CHDO.
E. All approved HOME audit repo�rts shall be made availabl.e for
public inspection within 30 days ��fter completion of the aL�dit.
SECTION 20. ENVIRONMENTAL CLEARANCE REQUIREMENTS
A. CHDU understands and agrees i�hat. by execution of this
contract CHDO shall be responsiblE� for providing to City al.l
information, concerning this HOME 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), CHDO further understancls and
agrees that CHDO shall make all rE�asonable efforts to assi�;t City
in handling inquiries and complaints from persons and agenc�ies
seeking redress in relation to emsironmental reviews covere�d by
approved certifications.
SECTION 21. LABOR STANDAR
A. Davis-Bacon wage Rates. All laborers and mechanics e�iployed
in the rehabilitation of a projecl� assisted under this cont.ract
shall be paid wages at rates not :Less than those prevailinc� on
similar rehabilitation in t:his locali.ty, if such a rate cat,egory
exists, or the appropriate rate as determined by the Secret.ary of
Labor in accordance with the Davi:�-Bacon Act (40 U.S.C. 27Ea-5),
and contracts involving their emp:Loyment shall be subject t.o the
provisions, as applicable, �of the Contract Work Hours and �,afety
Standards Act (40 U.S.C. 327 Construction contractor�; and
subcontractors, must comply with :reg�lations issued under t.hese
Acts and with other federal laws <�nd regulations pertainir.�g to
labor standards and HUD Han�3book :L334.1 (Federal Labor Star.�dards
Compliance in Housing and C��mmunil�y Development Programs), as
applicable.
B. Copeland Anti-Kickback Act. CHDO shall comply with a.11
applicable regulations of t:he Sec�retary of Labor, United St.ates
Department of Labor, made p�ursuanl= ta the so-called "Copela.nd
Anti-Kickback Act" of June 13, 19:34, (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 cau��e
appropriate provisions to b� inse�rted in any contracts or
subcontracts pursuant to the perf<�rmances under this contra.ct to
ensure compliance therewith by all contractors and
subcontractors thereto.
SECTION 22. SPECIAL CONDI'.�IONS
A. Cittr shall not release any funds for costs incurred by� CHDO
under this contract until City has received certification from
CHDO t.hat its f iscal contrc�l and fund accounting procedure:� are
adeqLiate to assure proper d'.isbursal of and accounting for j°unds
provided under this contract. City shall specify the contE�nt and
form of such certification.
B. R.epayment. CHDO agrees that all repayments, incluciing
all i.nterest and other retu.rn on the investment of HOME fuizds
will be made to City. City reserves the right to permit CFiDO to
retai.n interest or return on investment of HOME funds for
addit.ional eligible activities by the CHDO.
C. Reversion of Assets. Upon termination of this Cont:ract,
all funds remaining on hand on the date of termination, anci all
accoL�nts receivable attributable to the use of funds recei�red
undeY• this contract shall revert to City. CHDO shall retu�°n
these: assets to City within seven (7) business days after t:he
date of termination.
D. Enforcement of Contract. City shall not release any funds
for a.ny rosts incurred by CHDO fo:r land acquisition under t:his
contr�act until City has received from CHDO a Settlement St<<tement
(HUD 1) indicating the costs asso��iated with the purchase.
E. Flood Insurance. City shal:l nat release any funds for any
costs incurred by CHDO under this contract until City has
received from CHDO proof of flood insurance pursuant to the�
requirements of the National Floo�3 Insurance Act of 1968, a�s
amend.ed, and the Flood Disaster ;�ct of 1973. CHDO underst:ands
and agrees that by the execution ��f this contract CHDO shal.l
assum.e responsibility for keeping flaod insurance in force in an
amount equal to at least the pror<�ted value of the repairs to the
building rehabilitated with funds under this contract.
F. Displacement, Relocation, and Acquisition. CHDO must.
ensure that it will not displace persons (families, busine:ss and
non-profit organizations) as a re;sult. of a project assistecl with
funds provided under this contracl�.
SECTION 23. ORAL AND WRIT'.�EN CONTRACTS
A. All oral and written c��ntraci:s between the parties to this
contract relating to the su:bj ect rnatter of this contract th.at
were made prior to the execution of this contract have been.
reduced to writing and are contained in this contract.
B. The attachments enumerated and denominated below are h.ereby
made a part of this contrac�, and constitute promised
performances by CHDO in accordance� with Section 3 of this
contractr.
l. Exhibit A, Performance :3tatement
2. Exhibit B, Budget
3. Exhibit C, Project ImplE�mentation Schedule
4, Exhibit D, Applic��ble L��ws and Regulations
5. Exhibit E, Certif:icatiorzs
SECTION 24. VENUE
For pu:rposes of litigation �ursuant to this contract, venue shall
l:ie in Jefferson County, Te:xas.
SECTION 25. ADDRESS OF N07�ICE AND COMMUNICATIONS
City of I?ort Arthur Sav��nnah Housing Corporation
444 4t:h Street P. O. Box 3948
Port A.rthur, Texas 77640 Part Arthur, TX 77641
ATTN: Steve Fitzgibbons ATTP1: Sinclair Oubre
City Manager Executive Director
SECTION 26. CAPTIONS
Each paragraph of this cont:ract h��s been supplied with a ca.ption
to serve only as a guide to contents. The caption does not.
control the meaning of any .paragr��ph or in any way determin�.e its
interpretation or applicati��n.
SECTION 27. COMPLIANCE WITH FEI)ERAL, STATE AND LOCAL LP,Ti1
CHDO sha11 comply with all Federa=l, State and local laws,
statutes,, ordinances, rules, regu:Lati.ons, orders and decree:s of
any court or administrative body or t.ribunal related to the:
activities and performances of CHDO under this contract. U��on
request by City, CHDO shall furnish �atisfactory proof of i.ts
compliance herewith.
APPRC�VED IN FORM :
Valec�ia Tizeno, City Attorney
SIGNE�D AND AGREED to on the _day of , 2010.
CITY OF PORT ARTHUR
By
Stephen Fitzgibbons
City Manager
ATTEST:
City Secretary
SIGNED AND AGREED to on the _day of , 2010.
SAVANNAH HOUSING CORPORP,TION
By
Sinclair Oubre
Executive Director
EXHIBNT "A"
TO THE CpNTRACT
EXHIS]:T "A"
PERFORMANCE STATEMENT
SAVANNAH HOUSING CORPORATION
CHDO shall carry out the following activities identified in the 2011 & 2012
Federal HC�ME Program Guidelines:
Savannah H;ousing Corporation shall assist in carrying out the m:�ssion of
the City of Port Arthur Community Development Department to eliminate
blight, pr�ovide decent, safe, sanitary and affordable housing fc�r low and
moderate income persons/families (800 ]KFI) within the City of Pc�rt Arthur.
Savannah H:ousing Corporation will work with The Tejano Center tc> facilitate
the First Time Homebuyer Program which will include homebuyer oz-ientation
and education classes, credit and budg�=t workshops, one on one c:ounseling,
pre-�urchase and post-purchase counsel:ing. Savannah Housing Corporation
will provide a qualified buyer.
The ��ity of. Port Arthur Housing and Ne:ighborhood Revitalization Department
will also work closely with Savannah H��using Corporation to assi.st with
prov.iding l.ow and moderate income firs1t time homebuyers.
Savannah Housing Corporation shall wor:k closely with DSW Homes, LLC to
prov:ide construction of the four (4) hc�mes in the 1100 Block of 5 Street
that will be :L200 sq. ft. to 1400 sq. :Et. for low and moderate i.ncome
person/families. Savannah Housing Corporation, will work closel.y with
Tejano Center to ensure qualified buye:rs are aware of and have a.ccess to
the new home ronstructed in the City by Savannah Housing Corpora�tion.
In addition, =unds are being provided 1�o assist with the construction costs
in the total amount of $150,000 is being provided as delineated in Exhibit
"`B" from Federal HOME Program.
Savannah Housing Corporation shall uti:Lize the HOME Program CHDCi Set-aside
funds for eligible CHDO activiti�s.
It is further understood that any costs above the contract amour.�t incurred
by the Savannah Housing Corporation fo�r these activities shall ��e paid for
with private or other funds.
All costs delineated are subject to Federal Statutes, Code of Fe.deral
Regulations and HUD Guidelines a,s to CHDO activities and shall n.ot exceed
said guidelines, and any provisi��ns of fees in excess thereof ar•e void.
Prior to the implementation of construc:tion, the location of the homes to
be constructed, the certification of e�Ligibility of the buyers, all
financing, lien documents and a1:1 housE, plans shall be reviewed and
approved by the City of Port Art]zur. �?urthermore, all homes shall have a
ten ;10) year builders warranty on the foundation, two (2) year warranty on
the mechani��s and one (1) year w��rrant�r on. the workmanship. The necessary
precautions including retainages and applicable bonds wi.11 be obtained from
contractors as to ensure performance and avoid liens.
EXHIBIT "B"
TO THE CqNTRACT
EXHIBIT "B"
BUDC;ET
SAVANNAH HOUSING CORPORATION
New constx�uction Activities (four (4) homes) $150,000
Grand Tota.l shall not to exceed $150,000
Down payme:nt and closing costs assista:nce in the amount of $20,C)00 will be
provided ��y the City.
EXH I BIT "C"
TO THE CC�NTRACT
EXHIBIT "C"
Project Implementation Schedule
Savannah Housirig Corporation
CON'TRACT STP,RT DATE: CONTRACT ENDING DATE:
January 5, 2011 January 4, 2012
Honte Buyer
Act:ivities 1 2 3 4 5 6 7 8 9 10 11 12
Identify
Participants
Evaluate
Homeownership
Barriers
Case Management
Access
Conventional
Mortgage Resources
Pre & Post
Purchase
Counseling
Site Clearance,
Site Development,
Construction
Activities
EXHIBIT "D"
TO TH E CO NTRACT
EXHIBI'.0 "D"
The Applicable Law:s and Regulations
CHDO sha1:1 comply with all fed�ral, :�tate, and local laws and
regulati��ns applicable to the activit;ies and performances rendered by
CHDO und��r this contract including but not limited to the laws, and
regulati��ns specified in Section I through IV of this Exhibit D.
I. CIVIL RIGHTS
The :Eair Housing Act (42U.S.C. 3601-20) and implementing
regulations at 24 CFR part 10; Execut:ive Order II063, as amended by
Executive Order 11063, as amended by Executive Order 12259 (3 CFR,
1958-1963 Comp., 652 and 3CFR, 1980 C,omp., p. 307) (Equal Opportunity
in Housing and implementing regulatic�ns at 24 CFR, Part 107; and
title VI of the Civil Rights Act; of 1964 (42 U.S.C. 2000d.)
(Nondiscr.imination on Federally Assi;�ted. Programs) and implementing
regulations issued at 24 CFR, Part l;;
Exec�ut�ve Order 11063, as amendE�d by Executive Order 12259, and 24
CFR part 10?, "Nondiscrimination and Equal Opportunity in Housing under
Executive order 11063 or :24 CFR,, Part 107 shall be a pro��er basis
for the imposition of sanction� spec_�fied in 24 CFR 107.60;
The prohibition against discrim=Lnation on the basis of ag�e under
the Age Discrimination Act of 1975 (42 U.S.C. 6101 and
implementing regulations t 24 �^FR, P��rt 146, and the prohibit.ions
against discrimination against handic�apped individuals under S'�ection
504 of the Rehabilitation Act of 197:3 (29 U.S.C. 794) and impl.ementing
regulations at 24 CFR, Part 8;
The requirements of Executive 0=rders 1246 (3 CFR 1964-65, Comp.,
p. 339) (Equal Employment Opportunity) and the implementing re:gulations
issued at 4I CFR, Chapter 60.
The requirements of Executive O:rders 11625 and 12432 (cor.icerning
Minority Business Enterprise), and 12138 (concerning Women's F4usiness
Enterprise). Consistent with HUD's r��sponsibilities under thes:e Orders,
each ap�licant must make efforts to encaurage the use of minor.ity and
women's business enterprises in connection with HOME funded ac:tivities.
Each Contractor must prescribe proc��dur.es acceptable to the .>tate to
establish activities to ensure the i.nclusion, to the maximum e:xtent
possible, of minorities and women, a:nd entities owned by minoz�ities and
wo�nen. The Contractor/Subcontractor will be required to ident;ify
contracts wnich have been bid by min��rity owned, women owned, and/or
small disadvantaged businesses.
The� Age Discrimination Act of 1975 (42 U.S.C., Section 6]_Ol et
seq.); �'�ection 504 of the Rehabilitation Act of 1973 (29 U.S.C:.,
Section 794) and "Nondiscrimination :Based on Handicap in
Federally-Assisted Programs and Acti of the Department c>f Housing
and Urban development", 24 CFR, Part 8. By signing this contY•act,
Contractor understands and agrees th��t the activities funded rierein
shall be operated in accordance with 24 CFR, Part 8; and the
Architectural Barriers Act of 1968 (42 LT.S.C., Section 4151 et.. seq.),
including tlze use of a telecommunica1�ions device for deaf pe:rsons
(TDDs) or equally effective communic<�tian system.
I2. LEAD-BASED PAINT
Title =LV of the Lead-Based Paini� Pcisoning Prevention Act. (42
U.S.C. Sec. 4831).
III. ENV'IRONMENTAL STANDARDS
Environmental Review Procedures for• Title I Community Dev�elopment
Block Grant Programs, 24 CFR P�rt 58, a� amended in 47 Fed. Re:g. 15750
(April 12, 1982);
National Historic Preservation ��ct of 1966 (16 U.S.C. Sec�. 470 et
seq.) and 40 CFR Parts 1500-1508;
The :[Vational Historic Preservat:ion Act of 1966 (16 U.S.C. Sec. 470
et seq.) as amended; particularly Sectian 106 (16 U.S.C. Sec. 470f);
Executive Order 11593, Pr�tectic�n and Enhancement of the Cultural
Environment, May 13, 1971 (36 Fed. RESg. 8921), particularly Se:ction
2 ���) ;
The Reservoir Salvage Act of 19E;0 (16 U.S.C. Sec. 469 et seq.),
particularly Section 3(16 U.S.C. Sec�. 469a as amended by the
arrheological; and Historic Preservation� Act of 1974;
Flood Disaster Protection Act o:E 1973, (42 U.S.C. Sec. 4C�01 et.
seq.) as amended, particularly Sectic�ns 102(a) and 202(a) (42 U.S.C.
Sec. 4012a (a) and Sec. 4106(a);
Executive Order 11988, Fl��odpla:in Management, May 24, 1977 (42
Fed. Reg. 26951), particularly Sectic�n 2(and);
Executive Order 11990 Protection of Wetlands, May 24, 1977 (42
Fed. Reg. 26961), particularly Secti<�n 2 and 5;
The Coastal Zone Management Act of 1972, (16 U.S.C. Sec. 1451 et
seq.) as amended, particularly Sectic�n 307(c) and (d) (16 U.S.C. Sec.
1456 (c) and (d) ;
The Safe Drinking Water Act of :1974, (42 U.S.C. Sec. 201, 300(f)
et seq.), and (21 U.S.C. Sec. 349) as amended, particularly Se:ction
1424 (e) (42 U.S.C. Sec. 300h-303(e),;
The :Endangered Species Act of 1�a73, (16 U.S.C. Sec. 1531 et seq.)
as amended, particularly Secti��n 7(.L6 U.S.C. Sec. 1536));
T:he 'Wild and Scenic Rivers Act c�f 1968, (16 U.S.C. Sec. 1271 et
seq.) as amended, particularly Secti<�n 7(b) and (c) (16 U.S.C. Sec.
1278(b) a:nd (c));
The Clean Air Act (41 U. S. C. Sec� . 7401 et seq. ) as amende:d,
particularlv Section 176 (c) an�3 (d) (42 U.S.C. Sec. 7506 (c) ar.�d (d) );
Farmlands Protection and Policy Act. of 1981, (7 U.S.C. Se:c. 4201
et. seq.) 24 CFR Part 51, Environmeni�al Criteria and Standard:�.
IV. ACQUISITION/RELOCATION
The Uniform Relocation Assistanc�e and Real Property Acqui.sition
Poli�ies Act of 1970 (42 U.S.C., Sec. 4601 et. seq.), 49 CFR F�art 24,
and 24 CFR Section 570.49a (55 Fed. Reg. 29309 (July 18, 1990)).
EX H I B IT "E"
TO TH E Cq NTRACT
EXHIBZ:T "E"
Certification Rega:rding Lobbying for
Co�ntracts, Grants, Loans, ,and Cooperative Agreem,ents
The undEsrsigned certifies, to the be�st ��f his knowledge and belief,
that:
:L. No federal appropriated fu�nds have been paid or will be paid,
by or oiz behalf of the undersigned, to any person for influen��ing or
attempt:�rig to influence an off.icer ar employee of any agency, a member
of cong��ess, an officer or employee of congress, or an emplo�yee of a
member. c�f congress in connecti_on with the awarding of any fed�=ra1
contract;, the making of any federal grant, the making of any :Eederal
loan, trie entering into of any cooperative agreement, or modi:Eication
of any i=ederal contract, grant:, loan., or cooperative agreemen�t.
2. If any funds other than federal appropriated funds ]zave been
paid or will be paid to any pe�rson for influencing or attempt:ing to
influenc:e� an officer or employee of any agency, a member of cc�ngress,
an offic:er or employee of congress, or an employee of a membe=r of
congres:� in connection with this federal contract, grant, loaiz, or
cooperat:i.ve agreement, the undersigned shall complete and subrnit
standarc� form -LLL, "Disclosur�e Form to Report Lobbying", in ��ccordance
with it:> instructions.
3. The undersigned shall require that the language of t�his
certific�a.tion be included in the award documents for all sub awards at
all tiers (including subcontracts, sub grants, and contracts under
grants, loans, and cooperative agreements) and that all CHDOs shall
certify a.nd disclose accordingly.
This ceY•tification is material representation of fact which re�liance
was plac�ed when this transaction was made or entered into. Stzbmission
of this certification is a prerequisite for making or enterinq into
this tra.nsaction imposed by section 1352, Title 31, U.S. Code. Any
person ��ho fails to file the require�3 certification shall be .�ubject to
a civil penalty of not less than $100,000 for each such failur�e.
Signed:
Sinclair Oubre DATE
EXHIBIT "B"
AITACHMENT 1
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hereby recertifies
" nna1� Housin �or oration"
Sava
g �
As a
�ommunity xousing► �De�r�e t Organ�xation
This certificate shall show evtdence that said organization has satisfactorily demonstrated to the Department its compliance with
federal HOME Investment Partnerships Program requirements set forth at 24 CFR Part 92.
The City of Port Arthur commends Savannah Mousing Corporation for its proactive involvement in establishing affordable housing
for the citizens in the Port Arthur Community.
�Deloris uBo66ie" 2��ince, �Kayor Steve Fitsgi66ons, C'itj► �tanager