HomeMy WebLinkAboutPR 13601: CDBG PROGRAMS Memo
To: Stephen Fitzgibbons, City Manager
From: Dale Watson, Director, Planning and Grants Management
Date: July 5, 2006
Re: P. R. J360J
RECOMMENDATION:
I recommend that the City Council adopt Proposed Resolution 13601 authorizing
contracts between the City of Port Arthur and the Public Services Organizations.
BACKGROUND:
Pursuant to Resolution Number 06-142, the City was awarded funding in the amount of
$29,000.00 to the City of Port Arthur for the primary benefit of Iow and moderate
income persons.
BUDGETARY/FISCAL IMPACT:
By adoption of Resolution Number 06-142 (approval of 2006-2007 Community
Development Block Grant Projects), the City Council has obligated itself to provide
financial assistance to the public services organizations.
STAFFING/EMPLOYEE EFFECT:
Funding will not have an effect on our staff'mg level.
SUMMARY:
I recommend that the City Council adopt Proposed Resolution 13601 that approves the
contracts between the City of Port Arthur and the Public Services Organizations for
public service activities.
P. R. 13601
07/05/06 ME-Grants Management
RESOLUTION NUMBER
A RESOLUTION AUTHORIZING THE EXECUTION OF CONTRACTS BETWEEN
THE CITY OF PORT ARTHUR AND THE PUBLIC SERVICES ORGANIZATIONS
FOR PUBLIC SERVICE ACTIVITIES, IN THE AMOUNT OF $29,000.00, THIS
BEING $7,000 FOR PORT ARTHUR SPURS, $12,500 FOR PORT CITIES RESCUE
MISSION, $3,000 FOR COMMUNITY RETIREMENT HOME, INC., AND $6,500
FOR YMCA OF PORT ARTHUR FOR THE BENEFIT OF THE LOW AND
MODERATE INCOME RESIDENTS OF THE CITY.
WHEREAS, the public services organizations were chartered as Texas non-
profit corporations that are organized to serve the needs of the citizens in the community;
and,
WHEREAS, the Department of Housing and Urban Development has awarded
funding to the City in the amount of $29,000.00 pursuant to the Housing and Development Act
of 1974 for the primary benefit of low and moderate income persons; and,
WHEREAS, the City Council now finds it desirable and appropriate to provide
funds in the amount of $29,000.00, being $7,000 for Port Arthur Spurs, $3,000 for
Community Retirement Home, Inc., and $6,500 for YMCA and $12,500 for Port Cities
Rescue Mission to benefit low and moderate income residents of the city; and,
WHEREAS, the City Council, by its adoption of Resolution Number 06-142,
(authorizing submission of a 32nd Year Consolidated Plan) has obligated itself to provide
financial assistance to public services organizations; and,
WHEREAS, the City Council, is required to designate an official to sign all
documents in connection with amendments to the applications and grant agreements; now,
Diskett #42 Resolution form for 3 lth Yi
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT the City Manager is authorized to execute a contracts with the public
services organizations, in the amount of Twenty Nine Thousand Dollars ($29,000.00) for the
proposal outlined herein and further described in the attached contract marked Attachments
through 4; and,
THAT said contracts are an exact duplicate of the Newly Federally funded
Community Development Block Grant Subrecipient contracts, which are the standard contracts
that the city will be using, and is hereby incorporated by reference, and said changes are
hereby approved.
THAT the City Manager is hereby authorized to execute said documents 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., 2006 at a Regular Meeting of the City Council of the City of
Port Arthur, Texas by the following vote: AYES: MAYOR
NOES:
MAYOR
Diskett #42 Resolution form for 3 lth Yr
ATTEST:
CITY SECRETARY
APPROVED FOR FORM:
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
APPROVED FOR AVAILABILITY OF FUNDS:
DIRECTOR OF FINA~NCE
I~A~E WATSON, D~RECTOR
PLANNING & GRANTS MANAGEMENT
Diskett #42 Resolution form for 3 lth Yr
ATTAC/]MENT$1 THROUGH ,/ARE AVAILABLE FOR REVIEW IN THE CITY
SECRETARY'S OFFICE.
Disket~ #42 Resolution form for 3 lth Yr
ATTACHMENT 1
DiskeR #42 Resolution form for 31th Yr
CITY OF PORT ARTHUR
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CONTRACT FOR A
NON-PROFIT SUBRECIPIENT
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 City Manager, duly authorized by
Resolution of the City Council of the City of Port Arthur and Community Retirement Home,
Inc., Jefferson County, Texas (hereinafter called "Subrecipient") acting herein by its Executive
Director, duly authorized by its Board of Directors. The parties hereto agree, by the execution
hereof, that they are bound to the mutual obligations and to the performance and accomplishment
of the tasks described herein.
WITNESSETH THAT:
WHEREAS, the Subrecipient operates as a Texas non-profit corporation
retirement home in the City of Port Arthur; and
WHEREAS, the U. S. Department of Housing and Urban Development (HUD)
has awarded funding to the City in the amount of $1,407,647 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant"); and,
WHEREAS, by the adoption of Resolution 06-142 (authorizing submission of a
32nd Year Community Development Block Grant Application) the City has obligated itself to
provide financial assistance to the Community Retirement Home, Inc., for operating expenses;
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 pursuant to 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;
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Now, Therefore, The Parties hereto do mutually agree as follows:
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on July 5, 2006 and shall terminate on July 4,
2007, unless otherwise specifically provided by the terms of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
The Community Retirement Home, Inc., shall use grant funds for operating expenses. CDBG
funds will reimburse for water, natural gas and electricity. CDBG will only pay the current
monthly charges for utilities. CDBG will not pay late fees or unpaid charges from previous
months. 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 furnish 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
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 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.
1. It is expressly understood and agreed by the parties hereto that City's obligations
under this Section 4 are contingent upon the actual receipt of adequate federal
funds to meet City's liabilities under this contract. If adequate funds are 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 Subrecipient by any source other than City or Subrecipient.
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3. City shall not be liable to Subrecipient for any costs incurred by Subrecipient or
for any performances rendered by Subrecipient which are 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 invoices from
suppliers or contractors 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 are 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 under this contract, the total of all payments and
other obligations incurred by City under this contract shall not exceed the sum of Three
Thousand Dollars and No/100 ($3,000.00).
SECTION 5. DISBURSEMENT OF FUNDS
A. City will reimburse only for operating expenses (water, gas, and electricity) incurred
under this contract in accordance with the requirements of 24 CFR 570. 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 are 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 has been unable to commit funds before the
end of this contract period.
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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 termination of this contract, any unused funds and
any 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 a non-profit organization, Subrecipient must comply with applicable regulations under
OMB Circular 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.
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, records,
reports, files and other papers, things or property belonging to or in use by Subrecipient
pertaining to this contract. Such rights to access shall continue as long as Subrecipient
retains the records. Subrecipient agrees to maintain such records in an accessible
location.
C. All records pertinent to this contract shall be retained by Subrecipient for three years
following the date of termination of this contract or submission of the final close-out
report, whichever is later, with the following exceptions:
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1. If any litigation, claim or audit is started before the expiration of the three year
period and extends beyond the three year period, the records will be maintained
until ail 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 City monthly reports on the number and race of each
resident. The reports will be due on the 15th 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 are withheld are fulfilled by Subrecipient.
SECTION 9. MONITORING
The City reserves the right to, from time 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 findings. 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 17 and 18 of this contract.
The City has adopted the following monitoring system:
1. Perform in house review of Subrecipient's reimbursement requests;
2. Monitor each Subrecipient at least once during the program year;
3. Provide each Subrecipient with information on financial management;
4. Provide each Subrecipient with a copy of the monitoring guidelines
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SECTION I 0. 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 may be 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. The city has adopted the following monitoring system:
SECTION 11. SUBCONTRACTS
A. Except for subcontracts to which the federal labor standards 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 in this contract to which federal labor standards 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 subcontracting 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 ora subcontractor's eligibility, be
construed as relieving Subrecipient of the responsibility for ensuring that the
performances rendered under all subcontracts are 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.
SECTION 12. CONFLICT OF INTEREST
No person who (1) is an employee, agent, consultant, officer or elected or appointed official of
the City of Port Arthur or any applicant that receives funds and who exercises or has exemised
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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 regard 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 in the procurement of property and services.
SECTION 13. NONDISCRIMINATION AND SECTARIAN ACTIVITY
A. Equal Opportunity. Subrecipient shall ensure 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 awarded to business concerns, including, but not limited
to, individuals or firms doing business in the field of planning, consulting, design,
architecture, building construction, rehabilitation, maintenance, or repair, which
are 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 secular 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.
gECT/ON 14. LEGAL AUTrdORITY
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, 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 Housing and Urban Development. In addition, City shall have the right
to suspend or terminate 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 specifically 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 are by the provisions of the CDBG Program and any amendments
thereto and may further be amended in the following manner: City may from time to time
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during the period 0fperf0rmance 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 City
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 are required by
changes in Federal or state law or regulations are automatically incorporated into this
contract without written amendment hereto, and shall become effective on the date
designated by 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 award, or elsewhere, City may take one or more of the following
actions:
I. 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.
3. Withhold further CDBG awards from Subrecipient.
4. Take other remedies that may be legally available as determined by the City, to
comply with the terms of this contract, City 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
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funds. Termination shall occur 30 days after the parties agree to terminate. The
Subrecipient shall not incur any new obligations once an agreement to terminate
is reached and shall cancel ail outstanding obligations. The Subrecipient will be
reimbursed for expenses incurred to the date of termination provided grant funds
are 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:
1. Subrecipient shall have an audit made in accordance with 24 CFR Part 44, or
OMB Circular A-133 for any of its fiscal years 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 direct appropriations, but does not
include direct federal cash assistance to individuals. The term includes awards 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) year after the end of each fiscal period included
within the period of this contract. Audits performed under Subsection A of this
Section 19 are 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.
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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.
C. Subrecipient understands and agrees that it 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 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 contract.
H. If the organization receives less than $500,000 in Federal funds, then the City will
require a limited scope audit. If the organization 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.
J. The City will keep an audit tracking log that states such information as when each
Subrecipient's fiscal year 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
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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 5§.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
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 similar 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 subcontractors, must comply with
regulations issued under these Acts and with other federal laws and regulations pertaining
to labor standards 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 are 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 rights to
permit Subrecipient to retain interest or return on investment of CDBG funds for
additional eligible activities by the Subrecipient.
C. Reversion of Assets. Upon termination of this Contract, all equipment that was
purchased with grant funds, funds remaining on hand on the date of termination, and all
accounts receivable attributable to the use of funds received under this contract shall
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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
A. All oral 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 are 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 Community Retirement Home, Inc.
Mary E. Essex, Grants Program Administrator John Anderson
444 4th Street 3141 Procter
Port Arthur, Texas 77640 Port Arthur, Texas 77642
SECTION 26. CAPTIONS
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 paragraph or in any way determine its
interpretation or application.
SECTION 27. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
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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 Submcipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
APPROVED 1N FORM:
Mark Sokolow, City Attorney
ATTEST:
City Secretary
CITY OF PORT ARTHUR Community Retirement Home, Inc.
Stephen Fitzgibbons, City Manager John Anderson
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EXHIBIT A
Performance Statement
Community Retirement Home, Inc.
Subrecipient shall carry out the following activities identified in its 2006 CDBG Application:
The Community Retirement Home, Inc., shall use grant funds for operating expenses. 'CDBG
funds will reimburse for water, natural gas and electricity. CDBG will only pay the current
monthly charges for utilities. CDBG will not pay late fees or unpaid charges from previous
months. The Subrecipient shall perform ail 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 furnish its own accounting
services including clerical, statistical, bookkeeping for expenditures made by Subrecipient in
performance of the obligations herein.
Subrecipient shall utilize Three Thousand Dollars and 00/100 ($3,000.00) of contract funds.
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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EXItlRIT It
Budget
Community Retirement Home, Inc.
Activity Contract Other TOTAL
Funds Funds FUNDS
1. Water $I,000.00 $0.00 $1,000.00
2. Natural Gas $1,000.00 $0.00 $I,000.00
3. Electricity $1,000.00 $0.00 $1,000.00
TOTAL FUNDS $3,000.00 $0.00 $3,000.00
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E~IIIBIT C
Project Implementation Schedule
Community Retirement Home, Inc.
CONTRACT START DATE: CONTRACT ENDING DATE:
Activities Program I 2 3 4 5 6 7 8 9 10 11 12
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 11063, 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 of age 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
activities. 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.);
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Section 504 o£the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and
"Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of
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
Envirorm~ental 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:
1. No federal appropriated funds have been paid or will 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 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 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.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards 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:
John Anderson
Date
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