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HomeMy WebLinkAboutPR 17920: GRANTS NON PROFIT SERVICE ORGANIZATIONS FOR PUBLIC SERVICE ACTIVITIES P. R. 17920
10/01/13 ME- Grants Management
RESOLUTION NUMBER
A RESOLUTION AUTHORIZING THE EXECUTION OF CONTRACTS
BETWEEN THE CITY OF PORT ARTHUR AND THE NON PROFIT
SERVICE ORGANIZATIONS FOR PUBLIC SERVICE ACTIVITIES, IN
THE AMOUNT OF $72,500, THIS BEING $5,000 FOR GIFT OF LIFE,
$10,000 FOR NUTRITION & SERVICE FOR SENIORS, $3,000 FOR LAW
ACADEMY, $4,000 FOR PANAC, $4,000 FOR PORT ARTHUR FLYERS
TRACK CLUB, $10,000 FOR SOUTH EAST TEXAS REGIONAL
PLANNING COMMISSION, $2,000 FOR YMCA, $1,500 FOR PORT
ARTHUR AMERICAN LITTLE LEAGUE, INC, $10,000 FOR CATHOLIC
CHARITIES, $3,000 FOR IEA - INSPIRE, ENCOURAGE, ACHIEVE,
$3,000 FOR PROGRAM OF HEALTH EXCELLENCE, $2,000 FOR
COMMUNITY RETIREMENT HOME, INC., $2,000 FOR HERITAGE LIFE
CENTER, $2,000 FOR TENDER LOVING CARE DPA LEGACY CDC,
$3,000 FOR LIFESAVER MINISTRY, $3,000 FOR JEFFERSON COUNTY
ADULT DAY CENTER, $3,000 FOR TRIANGLE AIDS NETWORK AND
$2,000 FOR TEXAS RECYCLERS 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 $1,074,229 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 $72,500, being $5,000 for the Gift of Life, $10,000 for Nutrition & Services for
Seniors, $3,000 for Law Academy, $4,000 for PANAC, $4,000 for Port Arthur Flyers Track
Club, $10,000 for SET Regional Planning Commission, $2,000 for YMCA, $1,500 for Port
Arthur American Little League, Inc, $10,000 for Catholic Charities, $3,000 for IEA - Inspire,
Encourage, Achieve, $3,000 for The Program of Health Excellence, $2,000 for Community
Retirement Home, Inc., $2,000 for Heritage Life Center, $2,000 for Legacy Community
Development, $3,000 FOR Lifesaver Ministry, $3,000 for Jefferson County Adult Day
Center, $3,000 for Triangle Aids and $2,000 for Texas Recyclers to benefit low and moderate
income residents of the city; and,
WHEREAS, the City Council, by its adoption of Resolution Number 13 -323,
(authorizing submission of a 39 Year Consolidated Plan) has obligated itself to provide
financial assistance to Port Arthur non - profit organizations listed; 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, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT the City Manager is authorized to execute contracts with the public services
organizations, in the amount of Seventy Two Thousand Five Hundred Dollars ($72,500) for
the proposal outlined herein and further described in the attached contracts marked
Attachments 1 through 18.
THAT due to the Federal Government shutdown, the execution of these contracts are
subject to the final authorization and release of funds by the Department of Housing and Urban
Development (HUD).
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 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.,
2013 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the
following vote: AYES:
MAYOR:
COUNCILMEMBERS:
NOES:
MAYOR
ATTEST:
SHERRI BELLARD
CITY SECRETARY
APPROVE c FOR FORM:
VAL TI NO
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
FLOYD T. JOHNSON
CITY MANAGER
APPROVED FOR AVAILABILITY OF FUNDS:
DEBORAH ECHOLS
DIRECTOR OF FINANCE
ATTACHMENT 1
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 "Gift of Life ", 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 that
will provide information about prostate cancer screening; and,
WHEREAS, the U. S. Department of Housing and Urban Development (HUD)
has awarded funding to the City in the amount of $1,074,229 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant "); and,
WHEREAS, by the adoption of Resolution 13 -323 (authorizing submission of a
39th Year Community Development Block Grant Application) the City has obligated itself to
provide financial assistance to "Gift of Life" program, through a contract with the
Subrecipient; and,
WHEREAS, under the terms of the grant the City must ensure that all
applicable federal requirements are met concerning the disbursement of funds to the
Subrecipient; and,
WHEREAS, projects undertaken by the Subrecipient pursuant to this contract
must principally be of direct benefit to low and moderate income persons as has been
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determined by the parties and is established under the guidelines of the Housing and
Community Development Act of 1974, as amended;
Now, Therefore, The Parties hereto do mutually agree as follows:
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on , 2013 and shall
terminate on , 2014, unless otherwise specifically provided by the terms
of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
The Julie Rogers "Gift of Life" Program is a non - profit 501(c)(3) organization located in
Beaumont, Texas, and serving all of Southeast Texas. Operating for 15 years, the agency is
dedicated to providing extensive educational outreach that focuses on breast, prostate,
testicular, and lung cancer; free mammograms and prostate cancer screenings with access to
follow -up treatment for medically underserved men and women; and a tobacco prevention and
cessation program which targets adults and children.
CDBG funds will pay the salary for the Case Manager with the Prostate Cancer Diagnostic
Testing and Treatment program. Gift of Life will conduct Free Prostate Cancer Screening
event in Port Arthur. Such services to low and moderate income persons shall be provided in
accordance with the Housing and Community Development Act of 1974, as amended
(hereinafter called the Act). The Subrecipient shall perform all activities in accordance with
the terms of the Performance Statement, hereinafter called Exhibit A; the Budget, hereinafter
called Exhibit B; the Project Implementation Schedule, hereinafter called Exhibit C; the
Applicable Laws and Regulations, hereinafter called Exhibit D; the Certifications, hereinafter
called Exhibit E; the assurances, certifications, and all other statements made by the
Subrecipient in its application for the project funded under this contract; and with all other
terms, provisions, and requirements set forth in this contract. It shall be Subrecipient's
responsibility to 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.
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determined by the parties and is established under the guidelines of the Housing and
Community Development Act of 1974, as amended;
Now, Therefore, The Parties hereto do mutually agree as follows:
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on October 15, 2013 and shall terminate on
October 14, 2014, unless otherwise specifically provided by the terms of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
The Julie Rogers "Gift of Life" Program is a non - profit 501(c)(3) organization located in
Beaumont, Texas, and serving all of Southeast Texas. Operating for 15 years, the agency is
dedicated to providing extensive educational outreach that focuses on breast, prostate,
testicular, and lung cancer; free mammograms and prostate cancer screenings with access to
follow -up treatment for medically underserved men and women; and a tobacco prevention and
cessation program which targets adults and children.
CDBG funds will pay the salary for the Case Manager with the Prostate Cancer Diagnostic
Testing and Treatment program. Gift of Life will conduct Free Prostate Cancer Screening
event in Port Arthur. Such services to low and moderate income persons shall be provided in
accordance with the Housing and Community Development Act of 1974, as amended
(hereinafter called the Act). The Subrecipient shall perform all activities in accordance with
the terms of the Performance Statement, hereinafter called Exhibit A; the Budget, hereinafter
called Exhibit B; the Project Implementation Schedule, hereinafter called Exhibit C; the
Applicable Laws and Regulations, hereinafter called Exhibit D; the Certifications, hereinafter
called Exhibit E; the assurances, certifications, and all other statements made by the
Subrecipient in its application for the project funded under this contract; and with all other
terms, provisions, and requirements set forth in this contract. It shall be Subrecipient's
responsibility to 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.
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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.
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 signed time sheets and
canceled payroll checks for the Case Manger or other evidences approved by
City's Grants Management staff. This documentation 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
Five Thousand and No /100 Dollars ($5,000.00).
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SECTION 5. DISBURSEMENT OF FUNDS
A. City will reimburse for the Case Manager's Salary. Time sheets must be submitted and
signed by Case Manager and supervisor along with cancelled payroll checks for the
coordinator. 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.
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.
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B. Subrecipient shall give the City, the Comptroller of the United States, or any of their
duly authorized representatives, access to and the right to examine all books accounts,
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 the records are retained by Subrecipient. Subrecipient agrees to maintain
such records in an accessible location.
C. All records pertinent to this contract shall be retained by Subrecipient for three years
following the date of termination of this contract or submission of the final close -out
report, whichever is later, with the following exceptions:
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 all litigation, claims or audit findings involving the records have been
resolved.
2. Records relating to real property acquisition or long -term lease shall be retained
for a period equal to the useful life of any repairs made with CDBG funds.
SECTION 8. REPORTING REQUIREMENTS
A. Subrecipient shall submit to the City, a monthly report on the number of Port Arthur
residents that participated in the prostate program including income verification form
and race for each participate. The information must be included with reimbursement or
before grant funding is disbursed. 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
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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. Provide each Subrecipient with information on financial management;
3. Provide each Subrecipient with a copy of the monitoring guidelines
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is contracting with
Subrecipient as an Independent Contractor, and that Subrecipient, as such, agrees to hold City
harmless and to indemnify City from and against any and all claims, demands, and causes of
action of every kind and character which 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.
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 of a 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
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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 exercised
any functions or responsibilities with respect to activities assisted with funds provided under
this contract or (2) who is in a position to participate in a decision making process or gain
inside information with 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
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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.
SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to
enter into this contract, receive funds authorized by this contract, and to
perform the services Subrecipient has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Subrecipient, or
representing themselves as signing and executing this contract on behalf of
Subrecipient, do hereby warrant and guarantee that he, she or they have been duly
authorized by Subrecipient to execute this contract on behalf of Subrecipient and to
validly and legally bind Subrecipient to all terms, performances, and provisions herein
set forth.
C. Subrecipient shall not employ, 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.
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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 during the period of performance of this contract issue
policy directives which serve to establish, interpret, or clarify performance
requirements under this contract. Such policy directives shall be promulgated by the
City Manager when authorized by the 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:
1. Temporarily withhold cash payments pending correction of the deficiency by
Subrecipient or take more severe enforcement action against Subrecipient.
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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 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 all 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;
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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 nine (9) months 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.
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.
All audits will be received by the City's financial department.
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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
project, required for City to meet its responsibilities for environmental review, decision
making, and other action which applies to City in accordance with and to the extent
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient
further understands and agrees that Subrecipient shall make all reasonable efforts to
assist City in handling inquiries and complaints from persons and agencies seeking
redress in relation to environmental reviews covered by approved certifications.
SECTION 21. LABOR STANDARDS
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.
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B. Repayment. Subrecipient agrees that all repayments, including all interest and other
return on the investment of CDBG funds will be made to City. City reserves the right
to permit Subrecipient to retain interest or return on investment of CDBG funds for
additional eligible activities by the Subrecipient.
C. Reversion of Assets. Upon termination of this Contract, all funds remaining on hand
on the date of termination, all equipment that was purchased with CDBG funds, and all
accounts receivable attributable to the use of funds received under this contract shall
revert to the City. Subrecipient shall return these assets to the 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.
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SECTION 25. ADDRESS OF NOTICE AND COMMUNICATIONS
City of Port Arthur Gift of Life
Mary E. Essex, Grants Program Administrator Director
444 4th Street PMB 46, 148 S. Dowlen Rd.
Port Arthur, Texas 77640 Beaumont, TX 77707
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
Subrecipient shall comply with all Federal, State and local laws, statutes, ordinances, rules,
regulations, orders and decrees of any court or administrative body or tribunal related to the
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
SECTION 28. EQUIPMENT
Equipment shall be used by the subgrantee in the program or project for which it was acquired
as long as needed, whether or not the project or program continues to be supported by Federal
funds. When no longer needed for the original program or project, the equipment may be used
in other activities currently or previously supported by a Federal agency.
Property records must be maintained that include a description of the property, a serial number
or other identification number, the source of property, who holds title, the acquisition date,
and cost of the property, percentage of Federal participation in the cost of the property, the
location, use and condition of the property, and any ultimate disposition data including the date
of disposal and sale price of the property.
A control system must be developed to ensure adequate safeguards to prevent loss, damage, or
theft of the property. Any loss, damage, or theft shall be investigated.
Adequate maintenance procedures must be developed to keep the property in good condition.
When the equipment is no longer needed, the subgrantee will request disposition instruction
from the City of Port Arthur.
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APPROVED IN FORM:
Val Tizeno, City Attorney
CITY OF PORT ARTHUR
Floyd T. Johnson, City Manager
ATTEST:
"Gift of Life"
Sherri Bellard, City Secretary Director
Date
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EXHIBIT A
Performance Statement
Julie Rogers "Gift of Life"
Subrecipient shall carry out the following activities identified in its 2013 CDBG Application:
The Julie Rogers "Gift of Life" Program is a non - profit 501(c)(3) organization located in
Beaumont, Texas, and serving all of Southeast Texas. Operating for 15 years, the agency is
dedicated to providing extensive educational outreach that focuses on breast, prostate,
testicular, and lung cancer; free mammograms and prostate cancer screenings with access to
follow -up treatment for medically underserved men and women; and a tobacco prevention and
cessation program which targets adults and children.
CDBG funds will pay the salary for the Case Manager with the Prostate Cancer Diagnostic
Testing and Treatment program. Gift of Life will conduct Free Prostate Cancer Screening
event in Port Arthur during Prostate Cancer Awareness Month.
Funds shall be disbursed to Subrecipient on a periodic basis, with such periods not to exceed
quarterly. Said periodic disbursements shall be based upon the Subrecipient's disbursement
request. Subrecipient shall be paid solely from Community Development Block Grant Funds.
Subrecipient shall utilize Five Thousand and No /100 Dollars ($5,000.00) of contract funds to
complete its activities.
Administration
Subrecipient shall utilize its own funds to carry out all project administration activities,
including the cost associated with the required annual program compliance and fiscal audit. It
is further understood that any costs above this contract amount incurred by the Subrecipient for
these activities shall be paid for with private or other funds.
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EXHIBIT B
Budget
Julie Rogers, "Gift of Life" Program
Activity Contract Other TOTAL
Funds Funds FUNDS
1. Case Manager $5,000.00 $0.00 $5,000.00
Total Budget $5,000.00 $0.00 $5,000.00
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EXHIBIT C
Project Implementation Schedule
Julie Rogers "Gift of Life"
CONTRACT START DATE: CONTRACT ENDING DATE:
IMPLEMENTATION SCHEDULE
MONTHS
Activities 1 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.
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
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Contractor /Subcontractor will be required to identify contracts which have been bid by
minority owned, women owned, and /or small disadvantaged businesses.
The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.);
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and
"Nondiscrimination Based on Handicap in Federally- Assisted Programs and Activities
of the Department of Housing and Urban Development ", 24 CFR, Part 8. By signing
this contract, Contractor understands and agrees that the activities funded herein shall
be operated in accordance with 24 CFR, Part 8; and the Architectural Barriers Act of
1968 (42 U.S.C.; Section 4151 et. seq.), including the use of a telecommunications
device for deaf persons (TDDs) or equally effective communication system.
II. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
24 CFR Part 51, Environmental Criteria and Standards.
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EXHIBIT E
Certification Regarding Lobbying for
Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his knowledge and belief, that:
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:
Director
Julie Rogers "Gift of Life"
Date
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ATTACHMENT 2
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 the Nutrition & Services for
Seniors, 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 that
promote better health and dignity among the older segment of the population through improved
nutrition, medical and social transportation and Home Health Care; and,
WHEREAS, the U. S. Department of Housing and Urban Development (HUD)
has awarded funding to the City in the amount of $1,074,229 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant "); and,
WHEREAS, by the adoption of Resolution 13 -323 (authorizing submission of a
39th Year Community Development Block Grant Application) the City has obligated itself to
provide financial assistance to the Nutrition & Services for Seniors through a contract with the
Subrecipient; and,
WHEREAS, under the terms of the grant the City must ensure that all
applicable federal requirements are met concerning the disbursement of funds to the
Subrecipient; and,
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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;
Now, Therefore, The Parties hereto do mutually agree as follows:
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on , 2013 and shall terminate
on , 2014, unless otherwise specifically provided by the terms of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
The Subrecipient shall use Community Development Block Grant Funds (CDBG) to reimburse
Nutrition and Services for seniors at a rate of $6.88 per meals delivered to a homebound senior
citizen. Approximately 900 meals will be served with the CDBG funding.
For over 20 years Nutrition & Services for seniors has been the focal point for seniors in
Jefferson and Hardin counties. By providing congregate meals, home delivered meals,
transportation and information and referral seniors are able to remain independent in their own
homes. 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
2
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.
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, copies of cancelled checks (if available), income
verification forms, 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 Ten
Thousand and No /100 Dollars ($10,000.00).
SECTION 5. DISBURSEMENT OF FUNDS
A. City will reimburse only for delivery of meals on wheels to homebound seniors in
accordance with the requirement of 24 CFR 570. Subrecipient may not request
3
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.
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
4
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:
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 all litigation, claims or audit findings involving the records have been
resolved.
2. Records relating to real property acquisition or long -term lease shall be retained
for a period equal to the useful life of any repairs made with CDBG funds.
SECTION 8. REPORTING REQUIREMENTS
A. Subrecipient shall submit to the City, a monthly report on the number and race of the
persons served. The report will be due on the 15th of every month unless provided on
the reimbursement statement in addition to a vehicle log. 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 rights 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
5
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. Provide each Subrecipient with information on financial management;
3. Provide each Subrecipient with a copy of the monitoring guideline
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is contracting with
Subrecipient as an Independent Contractor, and that Subrecipient, as such, agrees to hold City
harmless and to indemnify City from and against any and all claims, demands, and causes of
action of every kind and character which 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.
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 of a 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
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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 exercised
any functions or responsibilities with respect to activities assisted with funds provided under
this contract or (2) who is in a position to participate in a decision making process or gain
inside information with 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.
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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.
SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to enter
into this contract, receive funds authorized by this contract, and to perform the services
Subrecipient has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Subrecipient, or
representing themselves as signing and executing this contract on behalf of
Subrecipient, do hereby warrant and guarantee that he, she or they have been duly
authorized by Subrecipient to execute this contract on behalf of Subrecipient and to
validly and legally bind Subrecipient to all terms, performances, and provisions herein
set forth.
C. Subrecipient shall not employ, 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.
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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 during the period of performance of this contract issue policy
directives which serve to establish, interpret, or clarify performance requirements under
this contract. Such policy directives shall be promulgated by the City Manager when
authorized by the 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.
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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:
1. 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 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 all 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 -110 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;
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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 nine (9) months 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.
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.
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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.
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
project, required for City to meet its responsibilities for environmental review, decision
making, and other action which applies to City in accordance with and to the extent
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient
further understands and agrees that Subrecipient shall make all reasonable efforts to
assist City in handling inquiries and complaints from persons and agencies seeking
redress in relation to environmental reviews covered by approved certifications.
SECTION 21. LABOR STANDARDS
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.
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C. 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
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:
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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 Nutrition & Services for Seniors
Mary E. Essex, Grants Program Administrator Elaine Shellenberger
444 4th Street 4590 Concord Road
Port Arthur, Texas 77640 Beaumont, Texas 77703
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
Subrecipient shall comply with all Federal, State and local laws, statutes, ordinances, rules,
regulations, orders and decrees of any court or administrative body or tribunal related to the
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
SECTION 28. EQUIPMENT
Equipment shall be used by the subgrantee in the program or project for which it was acquired
as long as needed, whether or not the project or program continues to be supported by Federal
funds. When no longer needed for the original program or project, the equipment may be used
in other activities currently or previously supported by a Federal agency.
Property records must be maintained that include a description of the property, a serial number
or other identification number, the source of property, who holds title, the acquisition date,
and cost of the property, percentage of Federal participation in the cost of the property, the
location, use and condition of the property, and any ultimate disposition data including the date
of disposal and sale price of the property.
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A control system must be developed to ensure adequate safeguards to prevent loss, damage, or
theft of the property. Any loss, damage, or theft shall be investigated.
Adequate maintenance procedures must be developed to keep the property in good condition.
When the equipment is no longer needed, the subgrantee will request disposition instruction
from the City of Port Arthur.
APPROVED IN FORM:
Val Tizeno, City Attorney
CITY OF PORT ARTHUR
Floyd T. Johnson, City Manager
ATTEST:
Nutrition & Services for Seniors
Sherri Bellard, City Secretary President
Date
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EXHIBIT A
Performance Statement
Nutrition & Services for Seniors
Subrecipient shall carry out the following activities identified in its 2013 CDBG Application:
The Subrecipient shall use Community Development Block Grant funds (CDBG) to reimburse
Nutrition and Services for seniors at the rate of $6.88 per meals for each meal delivered to a
homebound senior citizen. Approximately 900 meals will be served with the grant funding.
For over 20 years Nutrition & Services for seniors has been the focal point for seniors in
Jefferson and Hardin counties. By providing congregate meals, home delivered meals,
transportation and information and referral seniors are able to remain independent in their own
homes.
Funds shall be disbursed to Subrecipient on a periodic basis. Said periodic disbursements shall
be based upon the Subrecipient's disbursement request. Subrecipient shall be paid solely from
Community Development Block Grant Funds. Subrecipient shall utilize Ten Thousand Dollars
and No /100 ($10,000.00) of contract funds to complete these activities.
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EXHIBIT B
Budget
Nutrition & Services for Seniors
Activity Contract Other TOTAL
Funds Funds
FUNDS
1. Meals on wheels $10,000.00 $0.00 $10,000.00
TOTAL FUNDS $10,000.00 $0.00 $10,000.00
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EXHIBIT C
Project Implementation Schedule
Nutrition & Services for Seniors
CONTRACT START DATE: CONTRACT ENDING DATE:
Activities Program 1 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.
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.
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The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.);
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and
"Nondiscrimination Based on Handicap in Federally- Assisted Programs and Activities
of the Department of Housing and Urban Development ", 24 CFR, Part 8. By signing
this contract, Contractor understands and agrees that the activities funded herein shall
be operated in accordance with 24 CFR, Part 8; and the Architectural Barriers Act of
1968 (42 U.S.C., Section 4151 et. seq.), including the use of a telecommunications
device for deaf persons (TDDs) or equally effective communication system.
II. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
24 CFR Part 51, Environmental Criteria and Standards.
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EXHIBIT E
Certification Regarding Lobbying for
Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his knowledge and belief, that:
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:
Nutrition & Services for Seniors
Date
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ATTACHMENT 3
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 Love at Work Academy, 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 that
will provide classes for at -risk students; and,
WHEREAS, the U. S. Department of Housing and Urban Development (HUD)
has awarded funding to the City in the amount of $1,074,229 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant "); and,
WHEREAS, by the adoption of Resolution 13 -323 (authorizing submission of a
39th Year Community Development Block Grant Application) the City has obligated itself to
provide financial assistance to Love at Work Academy, Inc. to provide education and training
classes for at -risk students, through a contract with the Subrecipient; and,
WHEREAS, under the terms of the grant the City must ensure that all
applicable federal requirements are met concerning the disbursement of funds to the
Subrecipient; and,
WHEREAS, projects undertaken by the Subrecipient pursuant to this contract
must principally be of direct benefit to low and moderate income persons as has been
1
determined by the parties and is established under the guidelines of the Housing and
Community Development Act of 1974, as amended;
Now, Therefore, The Parties hereto do mutually agree as follows:
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on , 2013 and shall
terminate on , 2014, unless otherwise specifically provided by the terms
of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
The Love at Work (L.A.W.) Academy, Inc. is a non - profit corporation organized to provide
high quality, effective, research -based social intervention services to probated adolescents and
their families. Law Academy offers the following services:
• Anger /Behavioral Management
• Self - Esteem /Character Building
• Parenting Education
• Academic tutorials
• Career Awareness
• Drug Prevention Awareness
• Gang Delinquency Awareness
• Health Education
• Recidivism Relapse Prevention
• Home School Community Reentry Preparation
• Community Service Opportunities
• Tobacco Awareness
• Physical Health Services
• Dental Health Services
• Emotional Health Services
Law Academy's hours of operation shall be Monday - Thursday from 9:00 a.m. -5:00 p.m.
services for the clients begin at 4:30 p.m. and end at 8:30 p.m. Students will be required to
attend classes anywhere from 6 months to 12 months and will be referred from probation
officers.
Law Academy must submit an income verification form for each client to document at least
51% of the clients are persons whose family income does not exceed low- and - moderate income
limits as defined by HUD.
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Subrecipient shall utilize CDBG funds to pay current monthly utility expenses (water, gas and
electricity) and salary for counselors /instructors. CDBG will not pay late fees or unpaid
charges from previous months. Such services to low and moderate income persons shall be
provided in accordance with the Housing and Community Development Act of 1974, as
amended (hereinafter called the Act). The Subrecipient shall perform all activities in
accordance with the terms of the Performance Statement, hereinafter called Exhibit A; the
Budget, hereinafter called Exhibit B; the Project Implementation Schedule, hereinafter called
Exhibit C; the Applicable Laws and Regulations, hereinafter called Exhibit D; the
Certifications, hereinafter called Exhibit E; the assurances, certifications, and all other
statements made by the Subrecipient in its application for the project funded under this
contract; and with all other terms, provisions, and requirements set forth in this contract. It
shall be Subrecipient's responsibility to 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.
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.
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4. City shall only disburse funds to Subrecipient upon receipt, invoices, income
verification forms and time sheets or other evidences approved by City's Grants
Management staff. This documentation 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 and No /100 Dollars ($3,000.00).
SECTION 5. DISBURSEMENT OF FUNDS
A. City will cover the cost of utilities and salaries 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.
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.
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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 the records are retained by Subrecipient. Subrecipient agrees to maintain
such records in an accessible location.
C. All records pertinent to this contract shall be retained by Subrecipient for three years
following the date of termination of this contract or submission of the final close -out
report, whichever is later, with the following exceptions:
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 all litigation, claims or audit findings involving the records have been
resolved.
2. Records relating to real property acquisition or long -term lease shall be retained
for a period equal to the useful life of any repairs made with CDBG funds.
5
SECTION 8. REPORTING REQUIREMENTS
A. Subrecipient shall submit to the City, a monthly report on the number of Port Arthur
residents enrolled in Law Academy by race unless information is provided on
reimbursement statement. The report will be due on the 15 of every month. A report
on the number of students that are employed, as a result of the training classes will be
required quarterly. 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. Provide each Subrecipient with information on financial management;
4. Provide each Subrecipient with a copy of the monitoring guidelines
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is contracting with
Subrecipient as an Independent Contractor, and that Subrecipient, as such, agrees to hold City
harmless and to indemnify City from and against any and all claims, demands, and causes of
action of every kind and character which may be asserted by any third party occurring or in
6
any way incident to, arising out of, or in connection with the services to be performed by
Subrecipient under this contract.
SECTION 11. SUBCONTRACTS
A. Except for subcontracts to which the federal labor 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 of a 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 exercised
any functions or responsibilities with respect to activities assisted with funds provided under
this contract or (2) who is in a position to participate in a decision making process or gain
inside information with 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.
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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.
SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to
enter into this contract, receive funds authorized by this contract, and to
perform the services Subrecipient has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Subrecipient, or
representing themselves as signing and executing this contract on behalf of
Subrecipient, do hereby warrant and guarantee that he, she or they have been duly
8
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 during the period of performance of this contract issue
policy directives which serve to establish, interpret, or clarify performance
requirements under this contract. Such policy directives shall be promulgated by the
City Manager when authorized by the 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
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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:
1. 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 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 all outstanding obligations.
The Subrecipient will be reimbursed for expenses incurred to the date of
termination provided grant funds are available.
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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 nine (9) months 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.
B. Notwithstanding Subsection A of this Section 19, City reserves the right to conduct an
annual financial and compliance audit of funds received and performances rendered
under this contract. Subrecipient agrees to permit City or its authorized representative
to audit Subrecipient's records and to obtain any documents, materials, or information
necessary to facilitate such audit.
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C. Subrecipient understands and agrees that 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
project, required for City to meet its responsibilities for environmental review, decision
making, and other action which applies to City in accordance with and to the extent
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient
further understands and agrees that Subrecipient shall make all reasonable efforts to
assist City in handling inquiries and complaints from persons and agencies seeking
redress in relation to environmental reviews covered by approved certifications.
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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 right
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 funds remaining on hand
on the date of termination, all equipment that was purchased with CDBG funds, and all
accounts receivable attributable to the use of funds received under this contract shall
revert to the City. Subrecipient shall return these assets to the 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.
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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 Love at Work Academy, Inc.
Mary E. Essex, Grants Program Administrator Director
444 4th Street 1909 Jefferson Drive
Port Arthur, Texas 77640 Port Arthur, TX 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
Subrecipient shall comply with all Federal, State and local laws, statutes, ordinances, rules,
regulations, orders and decrees of any court or administrative body or tribunal related to the
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
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SECTION 28. EQUIPMENT
Equipment shall be used by the subgrantee in the program or project for which it was acquired
as long as needed, whether or not the project or program continues to be supported by Federal
funds. When no longer needed for the original program or project, the equipment may be used
in other activities currently or previously supported by a Federal agency.
Property records must be maintained that include a description of the property, a serial number
or other identification number, the source of property, who holds title, the acquisition date,
and cost of the property, percentage of Federal participation in the cost of the property, the
location, use and condition of the property, and any ultimate disposition data including the date
of disposal and sale price of the property.
A control system must be developed to ensure adequate safeguards to prevent loss, damage, or
theft of the property. Any loss, damage, or theft shall be investigated.
Adequate maintenance procedures must be developed to keep the property in good condition.
When the equipment is no longer needed, the subgrantee will request disposition instruction
from the City of Port Arthur.
APPROVED IN FORM:
Val Tizeno, City Attorney
CITY OF PORT ARTHUR
Floyd T. Johnson, City Manager
ATTEST:
Love at Work Academy, Inc.
Sherri Bellard, City Secretary Director
Date
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EXHIBIT A
Performance Statement
Love at Work Academy, Inc.
Subrecipient shall carry out the following activities identified in its 2013 CDBG Application:
The Love at Work (L.A.W.) Academy, Inc. is a non - profit corporation organized to provide
high quality, effective, research -based social intervention services to probated adolescents and
their families. Law Academy offers the following services:
• Anger /Behavioral Management
• Self - Esteem/Character Building
• Parenting Education
• Academic tutorials
• Career Awareness
• Drug Prevention Awareness
• Gang Delinquency Awareness
• Health Education
• Recidivism Relapse Prevention
• Home School Community Reentry Preparation
• Community Service Opportunities
• Tobacco Awareness
• Physical Health Services
• Dental Health Services
• Emotional Health Services
Law Academy's hours of operation shall be Monday - Thursday from 9:00 a.m. -5:00 p.m.
services for the clients begin at 4:30 p.m. and end at 8:30 p.m. Students will be required to
attend classes anywhere from 6 months to 12 months and will be referred from probation
officers.
Law Academy must provide proof that at least 51% of the clients are persons whose family
income does not exceed low- and - moderate income limits as defined by HUD.
Each student will be required to complete and sign an income verification form.
Subrecipient shall utilize CDBG funds to pay current monthly utility expenses (water, gas and
electricity) and salary for counselors /instructors. CDBG will not pay late fees or unpaid
charges from previous months.
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Funds shall be disbursed to Subrecipient on a periodic basis, with such periods not to exceed
quarterly. Said periodic disbursements shall be based upon the Subrecipient's disbursement
request. Subrecipient shall be paid solely from Community Development Block Grant Funds.
Subrecipient shall utilize Three Thousand and No /100 Dollars ($3,000.00) of contract funds to
complete its activities.
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.
LOW INCOME STATUS
Low income status shall be the basis for CDBG assistance to children participating in the
Subrecipient's program and said low income shall be determined by establishing the Gross
Family Income of each assisted child's household. Said income status is defined by the U.S.
Department of Housing and Urban Development in its 2010 statistics for the Beaumont -Port
Arthur MSA and is represented as follows:
Upper Income
Family Size Limit
2 $35,000
3 $39,400
4 $43,750
5 $47,250
6 $50,750
7 $54,250
8 $57,750
9 or more family members add $2,200 per child.
Income, for the purpose of this contract, is defined as the income of the assisted child's parent's
or parent, legal guardian, and any other persons related by blood, marriage, or operation of law
who share the same dwelling unit. Gross Family Income shall be calculated by including the
total family income from all sources before taxes, including the income of the parents
participating in the program but excluding other household members who are minors (under 18
years of age) or full time students.
17
EXHIBIT B
Budget
Love at Work Academy
Activity Contract Other TOTAL
Funds Funds FUNDS
1. Utilities $3,000.00 $0.00 $3,000.00
Total Budget $3,000.00 $0.00 $3,000.00
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EXHIBIT C
Project Implementation Schedule
Love at Work Academy, Inc.
CONTRACT START DATE: CONTRACT ENDING DATE:
IMPLEMENTATION SCHEDULE
MONTHS
Activities 1 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.
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
20
City to establish activities to ensure the inclusion, to the maximum extent possible, of
minorities and women, and entities owned by minorities and women. The
Contractor /Subcontractor will be required to identify contracts which have been bid by
minority owned, women owned, and /or small disadvantaged businesses.
The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.);
Section 504 of the Rehabilitation Act of. 1973 (29 U.S.C., Section 794) and
"Nondiscrimination Based on Handicap in Federally - Assisted Programs and Activities
of the Department of Housing and Urban Development ", 24 CFR, Part 8. By signing
this contract, Contractor understands and agrees that the activities funded herein shall
be operated in accordance with 24 CFR, Part 8; and the Architectural Barriers Act of
1968 (42 U.S.C., Section 4151 et. seq.), including the use of a telecommunications
device for deaf persons (TDDs) or equally effective communication system.
II. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
24 CFR Part 51, Environmental Criteria and Standards.
21
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:
Director
Love at Work Academy, Inc.
Date
22
ATTACHMENT 4
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 Mayor and City Manager, duly
authorized by Resolution of the City Council of the City of Port Arthur and the Port Arthur
Neighborhood Action Council, Jefferson County, Texas (hereinafter called "Subrecipient ")
acting herein by its Executive Director, duly authorized by its 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 organization that
provides neighborhood security through the use of neighborhood action groups; and,
WHEREAS, the U. S. Department of Housing and Urban Development (HUD)
has awarded funding to the City in the amount of $1,074,229 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant "); and,
WHEREAS, by the adoption of Resolution 13 -323 (authorizing submission of a
39th Year Community Development Block Grant Application) the City has obligated itself to
provide financial assistance to Port Arthur Neighborhood Action Council for activities for
neighborhood watch groups that benefit low and moderate income neighborhoods in Port
Arthur through a contract with the Subrecipient; and,
WHEREAS, under the terms of the grant the City must ensure that all
applicable federal requirements are met concerning the disbursement of funds to the
Subrecipient; and,
1
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;
Now, Therefore, The Parties hereto do mutually agree as follows:
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on , 2013 and shall terminate
on , 2014, unless otherwise specifically provided by the terms of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
The Subrecipient shall assist in providing safe and secure neighborhoods by use of
neighborhood action groups. Assisting the Police Department in monitoring crime and
reporting violators through the use of citizen patrol groups.
In order to coordinate action between the police department and the citizen patrol groups, Port
Arthur Neighborhood Action Council shall designate a liaison to work with the Chief of Police
and his designees. Port Arthur Neighborhood Action Council, its officers, and its patrols shall
follow the directions and instructions of the Chief of Police and his designees as to the hours of
patrol, the routes, and the menus and methods to report crimes.
Community Development Block Grant funds shall be used to purchase equipment and supplies
needed for the basic operation of the program. The patrol groups will be required to perform
weekly neighborhood patrols.
Currently, Port Arthur Neighborhood Action Council has in excess of 14 individual groups
(within 9 districts) in the City. Port Arthur Neighborhood Action Council shall use the CDBG
funds to provide supplies to these patrol groups in substantially the same amounts.
Nevertheless, Port Arthur Neighborhood Action Council shall not fund a neighborhood action
group that does not follow the procedures of Port Arthur Neighborhood Action Council or the
procedures of the Chief of Police. These procedures should be designed to efficiently and
safely patrol the neighborhoods. Neither Port Arthur Neighborhood Action Council nor its
citizen patrol groups shall be involved in any political activities or election campaigns.
Such services to low and moderate - income persons shall be provided in accordance with the
Housing and Community Development Act of 1974, as amended (hereinafter called the Act).
The Subrecipient shall perform all activities in accordance with the terms of the Performance
Statement, hereinafter called Exhibit A; the Budget, hereinafter called Exhibit B; the Project
Implementation Schedule, hereinafter called Exhibit C; the Applicable Laws and Regulations,
hereinafter called Exhibit D; the Certifications, hereinafter called Exhibit E; the assurances,
certifications, and all other statements made by the Subrecipient in its application for the
2
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;
Now, Therefore, The Parties hereto do mutually agree as follows:
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on October 15, 2013 and shall terminate on
October 14, 2014, unless otherwise specifically provided by the terms of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
The Subrecipient shall assist in providing safe and secure neighborhoods by use of
neighborhood action groups. Assisting the Police Department in monitoring crime and
reporting violators through the use of citizen patrol groups.
In order to coordinate action between the police department and the citizen patrol groups, Port
Arthur Neighborhood Action Council shall designate a liaison to work with the Chief of Police
and his designees. Port Arthur Neighborhood Action Council, its officers, and its patrols shall
follow the directions and instructions of the Chief of Police and his designees as to the hours of
patrol, the routes, and the menus and methods to report crimes.
Community Development Block Grant funds shall be used to purchase equipment and supplies
needed for the basic operation of the program. The patrol groups will be required to perform
weekly neighborhood patrols.
Currently, Port Arthur Neighborhood Action Council has in excess of 14 individual groups
(within 9 districts) in the City. Port Arthur Neighborhood Action Council shall use the CDBG
funds to provide supplies to these patrol groups in substantially the same amounts.
Nevertheless, Port Arthur Neighborhood Action Council shall not fund a neighborhood action
group that does not follow the procedures of Port Arthur Neighborhood Action Council or the
procedures of the Chief of Police. These procedures should be designed to efficiently and
safely patrol the neighborhoods. Neither Port Arthur Neighborhood Action Council nor its
citizen patrol groups shall be involved in any political activities or election campaigns.
Such services to low and moderate - income persons shall be provided in accordance with the
Housing and Community Development Act of 1974, as amended (hereinafter called the Act).
The Subrecipient shall perform all activities in accordance with the terms of the Performance
Statement, hereinafter called Exhibit A; the Budget, hereinafter called Exhibit B; the Project
Implementation Schedule, hereinafter called Exhibit C; the Applicable Laws and Regulations,
hereinafter called Exhibit D; the Certifications, hereinafter called Exhibit E; the assurances,
certifications, and all other statements made by the Subrecipient in its application for the
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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.
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, 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.
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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 Four
Thousand Dollars and No /100 (4,000.00).
SECTION 5. DISBURSEMENT OF FUNDS
A. Subrecipient may not request disbursement of funds under this contract until the funds
are needed for payment of eligible costs. The amount of each request must be limited
to the amount needed.
B. It is expressly understood and agreed by the parties hereto that payments under this
contract 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.
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.
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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
the records are retained by Subrecipient. Subrecipient agrees to maintain such records
in an accessible location.
C. All records pertinent to this contract shall be retained by Subrecipient for three years
following the date of termination of this contract or submission of the final close -out
report, whichever is later, with the following exceptions:
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 all litigation, claims or audit findings involving the records have been
resolved.
2. Records relating to real property acquisition or long -term lease shall be retained
for a period equal to the useful life of any repairs made with CDBG funds.
SECTION 8. REPORTING REQUIREMENTS
A. Subrecipient shall submit to the City a copy of each patrol group schedule. The report
will be due on the 15 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.
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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. Provide each Subrecipient with information on financial management;
4. Provide each Subrecipient with a copy of the monitoring guidelines
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is contracting with
Subrecipient as an Independent Contractor, and that Subrecipient, as such, agrees to hold City
harmless and to indemnify City from and against any and all claims, demands, and causes of
action of every kind and character which 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.
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 of a subcontractor's eligibility, be
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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 exercised
any functions or responsibilities with respect to activities assisted with funds provided under
this contract or (2) who is in a position to participate in a decision making process or gain
inside information with 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,
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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.
SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to enter
into this contract, receive funds authorized by this contract, and to perform the services
Subrecipient has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Subrecipient, or
representing themselves as signing and executing this contract on behalf of
Subrecipient, do hereby warrant and guarantee that he, she or they have been duly
authorized by Subrecipient to execute this contract on behalf of Subrecipient and to
validly and legally bind Subrecipient to all terms, performances, and provisions herein
set forth.
C. Subrecipient shall not employ, 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.
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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 during the period of performance of this contract issue
policy directives which serve to establish, interpret, or clarify performance
requirements under this contract. Such policy directives shall be promulgated by the
City Manager when authorized by the 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.
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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:
1. 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 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 all 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;
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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.
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
Port Arthur such disallowed costs shall be paid by Subrecipient from funds, which were
not provided or otherwise made available to Subrecipient under this contract.
D. Subrecipient shall take all necessary actions to facilitate the performance of such audit
or audits conducted pursuant to this Section 19 as City may require of Subrecipient.
E. All approved CDBG audit reports shall be made available for public inspection within
30 days after completion of the audit.
F. Each Subrecipient is required to complete a form that states if the organization receives
$500,000 or more in Federal funding. The completed form will be placed in the
organization's CDBG file.
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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.
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
project, required for City to meet its responsibilities for environmental review, decision
making, and other action which applies to City in accordance with and to the extent
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient
further understands and agrees that Subrecipient shall make all reasonable efforts to
assist City in handling inquiries and complaints from persons and agencies seeking
redress in relation to environmental reviews covered by approved certifications.
SECTION 21. LABOR STANDARDS
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;
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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 right
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 and funds
remaining on hand on the date of termination, and all accounts receivable attributable to
the use of funds received under this contract shall revert to City. Subrecipient shall
return these assets to City within seven (7) business days after the date of termination.
D. Displacement, Relocation, and Acquisition. Subrecipient must ensure that it will not
displace persons (families, business and non- profit organizations) as a result of a project
assisted with funds provided under this contract.
SECTION 23. ORAL AND WRITTEN CONTRACTS
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
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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 Port Arthur Neighborhood Action
Mary E. Essex, Council
Grants Program Administrator P.O. Box 2006
444 4th Street Port Arthur, Texas 77643 -2006
Port Arthur, Texas 77640 Attention: President
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
Subrecipient shall comply with all Federal, State and local laws, statutes, ordinances, rules,
regulations, orders and decrees of any court or administrative body or tribunal related to the
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
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APPROVED IN FORM:
Val Tizeno, City Attorney
CITY OF PORT ARTHUR
Floyd T. Johnson, City Manager
ATTEST: Port Arthur Neighborhood Action Council
Sherri Bellard, City Secretary President
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EXHIBIT A
Performance Statement
Port Arthur Neighborhood Action Council
Subrecipient shall carry out the following activities identified in its 2013 CDBG Application:
Assisting the Police Department in monitoring crime and reporting violators through the use
of citizen patrol groups.
In order to coordinate action between the police department and the citizen patrol groups, Port
Arthur Neighborhood Action Council shall designate a liaison to work with the Chief of Police
and his designees. Port Arthur Neighborhood Action Council, its officers, and its patrols shall
follow the directions and instructions of the Chief of Police and his designees as to the hours of
patrol, the routes, and the menus and methods to report crimes.
Community Development Block Grant funds shall be used to purchase equipment and supplies
needed for the basic operation of the program. The patrol groups will be required to perform
weekly neighborhood patrols.
Currently, Port Arthur Neighborhood Action Council has in excess of 14 individual groups
(within 9 districts) in the City. Port Arthur Neighborhood Action Council shall use the CDBG
funds to provide supplies to these patrol groups in substantially the same amounts.
Nevertheless, Port Arthur Neighborhood Action Council shall not fund a neighborhood action
group that does not follow the procedures of Port Arthur Neighborhood Action Council or the
procedures of the Chief of Police. These procedures should be designed to efficiently and
safely patrol the neighborhoods. Neither Port Arthur Neighborhood Action Council nor its
citizen patrol groups shall be involved in any political activities or election campaigns.
Funds shall be disbursed to Subrecipient on a periodic basis, with such periods not to exceed
quarterly. Subrecipient shall be paid solely from Community Development Block Grant
Funds. Subrecipient shall utilize Four Thousand Dollars and No /100 ($4,000.00).
ADMINISTRATION
Subrecipient shall utilize its own funds to carry out all project administration activities,
including the cost associated with the required annual program compliance and fiscal audit. It
is further understood that any costs above this contract amount incurred by the Subrecipient for
these activities shall be paid for with private or other funds.
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EXHIBIT B
Budget
Port Arthur Neighborhood Action Council
ACTIVITY CONTRACT OTHER TOTAL
FUNDS FUNDS FUNDS
1) Equipment
Audio /Binoculars/
Computer /Copy /Machine/
Flashlights /Bulbs /Batteries
/Police Radio /Police
Scanner /Still
Cameras /Video Equipment
$2000.00 0 $2000.00
2) Office Supplies
General Office Supplies/
Postage $ 500.00 0 $ 500.00
3) Uniforms
Shirts /Caps /Jackets /Wind
Breakers $1000.00 0 $1000.00
4) Other Supplies
Neighborhood Signs / Car
Signs /Audit $ 500.00 0 $ 500.00
TOTAL $4,000 $4,000
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EXHIBIT C
Project Implementation Schedule
Port Arthur Neighborhood Action Council
CONTRACT START DATE: CONTRACT ENDING DATE:
Activities 1 2 3 4 5 6 7 8 9 10 11 12
Prepare
Syllabus /Program X
General Administration X X X X X X X X X X X X
Final Report &
Close -out X
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EXHIBIT D
The Applicable Laws and Regulations
Subrecipient shall comply with all federal, state, and local laws and regulations applicable to
the activities and performances rendered by Subrecipient under this contract including, but not
limited to, the laws and regulations specified in Section I through IV of this Exhibit D.
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
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Contractor /Subcontractor will be required to identify contracts which have been bid by
minority owned, women owned, and /or small disadvantaged businesses.
The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.);
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and
"Nondiscrimination Based on Handicap in Federally- Assisted Programs and Activities
of the Department of Housing and Urban Development", 24 CFR, Part 8. By signing
this contract, Contractor understands and agrees that the activities funded herein shall
be operated in accordance with 24 CFR, Part 8; and the Architectural Barriers Act of
1968 (42 U.S.C., Section 4151 et. seq.), including the use of a telecommunications
device for deaf persons (TDDs) or equally effective communication system.
II. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
24 CFR Part 51, Environmental Criteria and Standards.
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EXHIBIT E
Certification Regarding Lobbying for
Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his knowledge and belief, that:
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:
President
Port Arthur Neighborhood Action Council
Date
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ATTACHMENT 5
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 Mayor and City Manager, duly
authorized by Resolution of the City Council of the City of Port Arthur and the Port Arthur
Flyers Track Club, 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 that
operates a track and field club; and,
WHEREAS, the U. S. Department of Housing and Urban Development (HUD)
has awarded funding to the City in the amount of $1,074,229 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant "); and,
WHEREAS, by the adoption of Resolution 13 -323 (authorizing submission of a
39th Year Community Development Block Grant Application) the City has obligated itself to
provide financial assistance to the Port Arthur Flyers Track Club through a contract with the
Subrecipient; and,
WHEREAS, under the terms of the grant the City must ensure that all applicable
federal requirements are met concerning the disbursement of funds to the Subrecipient; and,
WHEREAS, projects undertaken by the Subrecipient pursuant to this contract
must principally be of direct benefit to low and moderate income persons as has been determined
1
by the parties and is established under the guidelines of the Housing and Community
Development Act of 1974, as amended;
Now, Therefore, The Parties hereto do mutually agree as follows:
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on , 2013 and shall terminate
on , 2014, unless otherwise specifically provided by the terms of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
The Subrecipient shall assist low to moderate income youths residing in Port Arthur between the
ages of 9 -18, both boys and girls, who have a desire to participate in track and field activities.
CDBG funds will be used to pay tuition fees for eligible children to participate in the Port Arthur
Flyers Track Club track and field events. Approximately eight (8) children will benefit. Tuition
cost will be $500.00 per youth. Income verification forms will be required and recipient must be
a resident of Port Arthur.
Such services to low and moderate income persons shall be provided in accordance with the
Housing and Community Development Act of 1974, as amended (hereinafter called the Act).
The Subrecipient shall perform all activities in accordance with the terms of the Performance
Statement, hereinafter called Exhibit A; the Budget, hereinafter called Exhibit B; the Project
Implementation Schedule, hereinafter called Exhibit C; the Applicable Laws and Regulations,
hereinafter called Exhibit D; the Certifications, hereinafter called Exhibit E; the assurances,
• certifications, and all other statements made by the Subrecipient in its application for the project
funded under this contract; and with all other terms, provisions, and requirements set forth in this
contract. It shall be Subrecipient's responsibility to 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
2
available to make payments under this contract, City shall notify Subrecipient in
writing within a reasonable time after such fact is detettuined. 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.
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, copies of cancelled checks (if available), income
verification forms, 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 teuus 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 Four
Thousand Dollars and No /100 ($4,000.00).
SECTION 5. DISBURSEMENT OF FUNDS
A. City will reimburse only for tuition expenses for students who are low to moderate
income Port Arthur residents eligible costs incurred under this contract in accordance
with the requirements of 24 CFR 570. Subrecipient may not request disbursement of
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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.
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
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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:
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 all litigation, claims or audit findings involving the records have been
resolved.
2. Records relating to real property acquisition or long -term lease shall be retained
for a period equal to the useful life of any repairs made with CDBG funds.
SECTION 8. REPORTING REQUIREMENTS
A. Subrecipient shall submit to the City, a monthly report on the number and race of
students that were CDBG recipients unless information is provided on reimbursement
statement. The report will be due on the 1 5th of every month unless provided with
reimbursement statement. 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
5
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. Provide each Subrecipient with information on financial management;
4. Provide each Subrecipient with a copy of the monitoring guidelines
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is contracting with
Subrecipient as an Independent Contractor, and that Subrecipient, as such, agrees to hold City
harmless and to indemnify City from and against any and all claims, demands, and causes of
action of every kind and character which 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.
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 of a 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.
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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 exercised
any functions or responsibilities with respect to activities assisted with funds provided under this
contract or (2) who is in a position to participate in a decision making process or gain inside
information with 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 perfouned 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
7
persons regardless of religion. There must be no religious or membership criteria for
either tenants or users of property or services as specified in 24 CFR 92.257 and 24 CFR
Part 570.
SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to enter
into this contract, receive funds authorized by this contract, and to perfolin 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 perfolinances 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
8
of this contract by both parties, it is agreed by the parties hereto that the perfoliiiances
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
during the period of performance of this contract issue policy directives which serve to
establish, interpret, or clarify performance requirements under this contract. Such policy
directives shall be promulgated by the City Manager when authorized by the 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:
1. 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
9
at any time when both parties agree that the continuation of the perfoituances
would not produce beneficial results commensurate with further expenditure of
funds. Telluination shall occur 30 days after the parties agree to terminate. The
Subrecipient shall not incur any new obligations once an agreement to teiminate is
reached and shall cancel all 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 perfottnances 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 -110 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 nine (9) months after the end of each fiscal period
included within the period of this contract. Audits perfoimed 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 fonn 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
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
11
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient further
understands and agrees that Subrecipient shall make all reasonable efforts to assist City in
handling inquiries and complaints from persons and agencies seeking redress in relation
to environmental reviews covered by approved certifications.
SECTION 21. LABOR STANDARDS
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
revert to City. Subrecipient shall return these assets to City within seven (7) business
days after the date of termination.
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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 Port Arthur Flyers Track Club
Mary E. Essex, Grants Program Administrator Arlene LeBlanc, Treasurer/Business Mgr.
444 4th Street 210 4 Avenue
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
Subrecipient shall comply with all Federal, State and local laws, statutes, ordinances, rules,
regulations, orders and decrees of any court or administrative body or tribunal related to the
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
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SECTION 28. EQUIPMENT
Equipment shall be used by the subgrantee in the program or project for which it was acquired as
long as needed, whether or not the project or program continues to be supported by Federal
funds. When no longer needed for the original program or project, the equipment may be used in
other activities currently or previously supported by a Federal agency.
Property records must be maintained that include a description of the property, a serial number or
other identification number, the source of property, who holds title, the acquisition date, and cost
of the property, percentage of Federal participation in the cost of the property, the location, use
and condition of the property, and any ultimate disposition data including the date of disposal
and sale price of the property.
A control system must be developed to ensure adequate safeguards to prevent loss, damage, or
theft of the property. Any loss, damage, or theft shall be investigated.
Adequate maintenance procedures must be developed to keep the property in good condition.
When the equipment is no longer needed, the subgrantee will request disposition instruction from
the City of Port Arthur.
APPROVED IN FORM:
Val Tizeno, City Attorney
CITY OF PORT ARTHUR
Floyd T. Johnson, City Manager
ATTEST:
Port Arthur Flyers Track Club
Sherri Bellard, City Secretary President
Date
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EXHIBIT A
Performance Statement
Port Arthur Flyers Track Club
Subrecipient shall carry out the following activities identified in its 2013 CDBG Application:
The Subrecipient shall assist low to moderate income youths residing in Port Arthur between the
ages of 9 -18, both boys and girls, who have a desire to participate in track and field activities.
CDBG funds will be used to pay tuition fees for eligible children to participate in the Port Arthur
Flyers Track Club track and field events. Approximately eight (8) children will benefit. Tuition
cost will be $500.00 per youth. Income verification forms will be required and recipient must be
a resident of Port Arthur. Such services to low and moderate income persons shall be provided in
accordance with the Housing and Community Development Act of 1974, as amended
(hereinafter called the Act).
Funds shall be disbursed to Subrecipient on a periodic basis, with such periods not to exceed
quarterly. Said periodic disbursements shall be based upon the Subrecipient's disbursement
request. Subrecipient shall be paid solely from Community Development Block Grant Funds.
Subrecipient shall utilize Four Thousand Dollars and No /100 ($4,000.00) of contract funds to
complete these activities.
LOW INCOME STATUS
Low income status shall be the basis for CDBG assistance to children participating in the
Subrecipient's program and said low income shall be determined by establishing the Gross
Family Income of each assisted child's household. Said income status is defined by the U.S.
Department of Housing and Urban Development in its 2013 statistics for the Beaumont -Port
Arthur MSA and is represented as follows:
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Upper Income
Family Size Limit
2 $35,000
3 $39,400
4 $43,750
5 $47,250
6 $50,750
7 $54,250
8 $57,750
9 or more family members, add $2,200 per child.
Income, for the purpose of this contract, is defined as the income of the assisted child's parent's or
parent, legal guardian, and any other persons related by blood, marriage, or operation of law who
share the same dwelling unit. Gross Family Income shall be calculated by including the total
family income from all sources before taxes, including the income of the parents participating in
the program but excluding other household members who are minors (under 18 years of age) or
full time students.
ADMINISTRATION
Subrecipient shall utilize CDBG funds to carry out all project administration activities, including
the cost associated with the required annual program compliance and fiscal audit. It is further
understood that any costs above this contract amount incurred by the Subrecipient for these
activities shall be paid for with private or other funds.
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EXHIBIT B
Budget
The Port Arthur Flyers Track Club
Activity Contract Other TOTAL
Funds Funds FUNDS
1. Tuition $4,000.00 $0.00 $4,000.00
TOTAL FUNDS $4,000.00 $0.00 $4,000.00
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EXHIBIT C
Project Implementation Schedule
The Port Arthur Flyers Track Club
CONTRACT START DATE: CONTRACT ENDING DATE:
Activities Program 1 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 perfounances 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.
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.
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The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.);
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and
"Nondiscrimination Based on Handicap in Federally- Assisted Programs and Activities of
the Department of Housing and Urban Development ", 24 CFR, Part 8. By signing this
contract, Contractor understands and agrees that the activities funded herein shall be
operated in accordance with 24 CFR, Part 8; and the Architectural Barriers Act of 1968
(42 U.S.C., Section 4151 et. seq.), including the use of a telecommunications device for
deaf persons (TDDs) or equally effective communication system.
II. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
24 CFR Part 51, Environmental Criteria and Standards.
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EXHIBIT E
Certification Regarding Lobbying for
Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his knowledge and belief, that:
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:
Arlene LeBlanc, Treasurer/Business Manager
Date
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ATTACHMENT 6
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 The South East Texas Regional
Planning Commission's Experience Corps Program, 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 that
provides tutoring for students in the Port Arthur Independent School District; and;
WHEREAS, the U.S. Department of Housing and Urban Development (HUD)
has awarded funding to the City in the amount of $1,074,229 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant "); and,
WHEREAS, by the adoption of Resolution 13 -323 (authorizing submission of a
39 Year Community Development Block Grant Application) the City has obligated itself to
provide financial assistance to South East Texas Regional Planning Commission's Experience
Corps Program to provide senior adult volunteers to assist students with reading skills, through
a contract with the Subrecipient; and,
WHEREAS, under the terms of the grant the City must ensure that all
applicable federal requirements are met concerning the disbursement of funds to the
Subrecipient; and,
1
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 as established under the guidelines of the Housing and
Community Development Act of 1974, as amended;
Now, Therefore, The Parties hereto do mutually agree as follows:
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on , 2013 and shall terminate
on , 2014, unless otherwise specifically provided by the terms of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
The South East Texas Regional Planning Commission's Experience Corps Program will
provide volunteer senior adult to tutor first and second grade students with reading problems.
The students that participate in the program are at high risk of failure which means many of
them will not learn to read without intervention, in addition:
• On average, the lowest performing fifth or 5 out of a class of 25 are referred to
the reading program
• Over 50 % of the participants receive little or no parental involvement (reported
by teachers)
• Students are often referred to the program because of behavior problems that
interfere with their learning as well as the learning of the classmates
Each senior adult must receive at least 30 hours of intensive pre- service orientation on effective
tutoring and leadership skills. The tutoring will take place at Travis, Tyrrell, Sam Houston,
Dick Dowling, Washington, Lee, DeQueen and Franklin Elementary Schools. The tutoring
sessions will be held 15 hours a week for first and second grades 3 to 4 times a week.
Approximately 17 children per site will participate in the tutoring program. At least 51% of
the students in the program must meet the income guidelines established by the United States
Department of Housing and Urban Development. Community Development Block Grant
Funds will be used to pay a portion of the Director's salary. Such services to low and
moderate income persons shall be provided in accordance with the Housing and Community
Development Act of 1974, as amended (hereinafter called the Act). The Subrecipient shall
perform all activities in accordance with the terms of the Performance Statement, hereinafter
called Exhibit A; the Budget, hereinafter called Exhibit B; the Project Implementation
Schedule, hereinafter called Exhibit C; the Applicable Laws and Regulations, hereinafter called
Exhibit D; the Certifications, hereinafter called Exhibit E; the assurances, certifications, and
all other statements made by the Subrecipient in its application for the project funded under
this contract; and with all other terms, provisions, and requirements set forth in this contract.
It shall be Subrecipient's responsibility to furnish its own accounting services including
2
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.
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 cancelled checks
and timesheets 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.
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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 Ten
Thousand Dollars and No /100 ($10,000.00).
SECTION 5. DISBURSEMENT OF FUNDS
A. City will reimburse only for the director's salary. Time sheets that are signed by
director and supervisor and copy of cancelled checks are required with reimbursement
request. 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.
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
4
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
the records are retained by Subrecipient. Subrecipient agrees to maintain such records
in an accessible location.
C. All records pertinent to this contract shall be retained by Subrecipient for three years
following the date of termination of this contract or submission of the final close -out
report, whichever is later, with the following exceptions:
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 all litigation, claims or audit findings involving the records have been
resolved.
2. Records relating to real property acquisition or long -term lease shall be retained
for a period equal to the useful life of any repairs made with CDBG funds.
SECTION 8. REPORTING REQUIREMENTS
A. Subrecipient shall submit to the City, a monthly report on the number of students and
race that were tutored at each elementary school. The reports will be due on the 15 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
5
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
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is contracting with
Subrecipient as an Independent Contractor, and that Subrecipient, as such, agrees to hold City
harmless and to indemnify City from and against any and all claims, demands, and causes of
action of every kind and character which 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.
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
6
contract, expressly understands that in entering into such subcontracts, City is in no
way liable to Subrecipient's subcontractor(s).
B. In no event shall any provision of this Section 11, specifically the requirement that
Subrecipient obtain City's prior written approval of a subcontractor's eligibility, be
construed as relieving Subrecipient of the responsibility for ensuring that the
performances rendered under all subcontracts 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 procurements 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 exercised
any functions or responsibilities with respect to activities assisted with funds provided under
this contract or (2) who is in a position to participate in a decision making process or gain
inside information with 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
7
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.
SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to enter
into this contract, receive funds authorized by this contract, and to perform the services
Subrecipient has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Subrecipient, or
representing themselves as signing and executing this contract on behalf of
Subrecipient, do hereby warrant and guarantee that he, she or they have been duly
authorized by Subrecipient to execute this contract on behalf of Subrecipient and to
validly and legally bind Subrecipient to all terms, performances, and provisions herein
set forth.
C. Subrecipient shall not employ, 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.
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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 during the period of performance of this contract issue
policy directives which serve to establish, interpret, or clarify performance
requirements under this contract. Such policy directives shall be promulgated by the
City Manager when authorized by the 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.
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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:
1. 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 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 all 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
periodspecified in Section 2 of this contract in which the Subrecipient receives
more than $500,000 in Federal financial assistance provided by a Federal
10
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 nine (9) months 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.
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.
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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
project, required for City to meet its responsibilities for environmental review, decision
making, and other action which applies to City in accordance with and to the extent
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient
further understands and agrees that Subrecipient shall make all reasonable efforts to
assist City in handling inquiries and complaints from persons and agencies seeking
redress in relation to environmental reviews covered by approved certifications.
SECTION 21. LABOR STANDARDS
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
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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 right
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 funds remaining on hand
on the date of termination, and all accounts receivable attributable to the use of funds
received under this contract shall revert to City. Subrecipient shall return these assets
to City within seven (7) business days after the date of termination.
D. Displacement, Relocation, and Acquisition. Subrecipient must ensure that it will not
displace persons (families, business and non - profit organizations) as a result of a project
assisted with funds provided under this contract.
SECTION 23. ORAL AND WRITTEN CONTRACTS
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:
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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 The South East Texas Regional
444 4 Street Planning - Experience Corps
Port Arthur, Texas 77640 2210 Eastex Freeway
Attention: Mary E. Essex Beaumont, Texas 77703
Grants Program Administrator Attention: Stephanie Pearson
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
Subrecipient shall comply with all Federal, State and local laws, statutes, ordinances, rules,
regulations, orders and decrees of any court or administrative body or tribunal related to the
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
APPROVED IN FORM:
Val Tizeno, City Attorney
CITY OF PORT ARTHUR
Floyd T. Johnson, City Manager
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ATTEST:
Sherri Bellard, City Secretary
SOUTH EAST TEXAS REGIONAL
PLANNING EXPERIENCE CORPS OF
PORT ARTHUR AND SOUTH
JEFFERSON COUNTY
Executive Director
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EXHIBIT A
Performance Statement
South East Texas Regional Planning — Experience Corps
Subrecipient shall carry out the following activities identified in its 2013 CDBG Application:
The South East Texas Regional Planning Commission's Experience Corps Program will
provide volunteer senior adults to tutor first and second grade students with reading problems.
The students that participate in the program are at high risk of failure which means many of
them will not learn to read without intervention, in addition:
• On average, the lowest performing fifth or 5 out of a class of 25 are referred to
the reading program
• Over 50 % of the participants receive little or no parental involvement (reported
by teachers)
• Students are often referred to the program because of behavior problems that
interfere with their learning as well as the learning of the classmates
Each senior adult must receive at least 30 hours of intensive pre- service orientation on effective
tutoring and leadership skills. The tutoring will take place at Travis, Tyrrell, Sam Houston,
Dick Dowling, Washington, Lee, DeQueen and Franklin Elementary Schools. The tutoring
sessions will be held 15 hours a week for first and second grades 3 to 4 times a week.
Approximately 17 children per site will participate in the tutoring program. At least 51% of
the students in the program must meet the income guidelines established by the United States
Department of Housing and Urban Development. Community Development Block Grant
Funds will be used to pay a portion of the Director's salary. Such services to low and
moderate income persons shall be provided in accordance with the Housing and Community
Development Act of 1974, as amended (hereinafter called the Act). The Subrecipient shall
perform all activities in accordance with the terms of the Performance Statement, hereinafter
called Exhibit A; the Budget, hereinafter called Exhibit B; the Project Implementation
Schedule, hereinafter called Exhibit C; the Applicable Laws and Regulations, hereinafter called
Exhibit D; the Certifications, hereinafter called Exhibit E; the assurances, certifications, and
all other statements made by the Subrecipient in its application for the project funded under
this contract; and with all other terms, provisions, and requirements set forth in this contract.
It shall be Subrecipient's responsibility to furnish its own accounting services including
clerical, statistical, bookkeeping for expenditures made by Subrecipient in performance of the
obligations herein.
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Funds shall be disbursed to Subrecipient on a periodic basis, with such periods not to exceed
quarterly. Subrecipient shall utilize Ten Thousand Five Hundred Dollars and No /100
($10,000.00)
ADMINISTRATION
Subrecipient shall utilize its own funds to carry out all project administration activities,
including the cost associated with the required annual program compliance and fiscal audit. It
is further understood that any costs above this contract amount incurred by the Subrecipient for
these activities shall be paid for with private or other funds.
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EXHIBIT B
Budget
South East Texas Regional Planning - Experience Corps
Activity Contract In -Kind TOTAL
Funds Funds
FUNDS
1) Program $ 10,000.00 $ 0.00 $ 10,000.00
Director Salary
TOTAL FUNDS $ 10,000.00 $ 0.00 $
10,000.00
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EXHIBIT C
Project Implementation Schedule
South East Texas Regional Planning - Experience Corps
CONTRACT START DATE: CONTRACT ENDING DATE:
Youth Activities
Program 1 2 3 4 5 6 7 8 9 10 11 12
Prepare
Syllabus /Program X
General Administration X X X X X X X X X X X X
Final Report &
Close -out X
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EXHIBIT D
The Applicable Laws and Regulations
Subrecipient shall comply with all federal, state, and local laws and regulations applicable to
the activities and performances rendered by Subrecipient under this contract including, but not
limited to, the laws and regulations specified in Section I through IV of this Exhibit D.
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.
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The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.);
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and
"Nondiscrimination Based on Handicap in Federally- Assisted Programs and Activities
of the Department of Housing and Urban Development", 24 CFR, Part 8. By signing
this contract, Contractor understands and agrees that the activities funded herein shall
be operated in accordance with 24 CFR, Part 8; and the Architectural Barriers Act of
1968 (42 U.S.C., Section 4151 et. seq.), including the use of a telecommunications
device for deaf persons (TDDs) or equally effective communication system.
II. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
24 CFR Part 51, Environmental Criteria and Standards.
•
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EXHIBIT E
Certification Regarding Lobbying for
Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his knowledge and belief, that:
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:
Executive Director
South East Texas Regional Planning - Experience Corps
Date
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ATTACHMENT 7
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 the Young Men's Christian
Association of Port Arthur and South Jefferson County, 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 that
serves the needs of young girls and boys in the community; and,
WHEREAS, the U. S. Department of Housing and Urban Development (HUD)
has awarded funding to the City in the amount of $1,074,229 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant "); and,
WHEREAS, by the adoption of Resolution 13 -323 (authorizing submission of a
39th Year Community Development Block Grant Application) the City has obligated itself to
provide financial assistance to Port Arthur YMCA activities for children of low and moderate
income families through a contract with the Subrecipient; and,
WHEREAS, under the terms of the grant the City must ensure that all
applicable federal requirements are met concerning the disbursement of funds to the
Subrecipient; and,
WHEREAS, projects undertaken by the Subrecipient pursuant to this contract
must principally be of direct benefit to low and moderate income persons as has been
1
determined by the parties and is established under the guidelines of the Housing and
Community Development Act of 1974, as amended;
Now, Therefore, The Parties hereto do mutually agree as follows:
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on , 2013 and shall
terminate on , 2014, unless otherwise specifically provided by the terms
of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
The Subrecipient shall operate an After School and Summer Day Camp Programs at Tyrrell
and Lucian Adams Elementary Schools. During the school year, youth will be able to
participate in afterschool programs at two Port Arthur Elementary schools. The program
builds the self - esteem of children and give them skills in positive relationships among their
peers. Having a community of youth that believe in them and the future of their community
will be the result of participating in the Day Camp and after school programs.
All requests for payment under this contract must be accompanied by certified attendance
reports, if any, and evidence of low- income status of each CDBG subsidized program
participant at Tyrrell and Lucian Adams Elementary Schools based on household income.
Evidences of income verification shall include income tax returns, employer's certification,
income verification forms, or other means acceptable to the City. The weekly rate of tuition
for the After School Program will be set at $35 per student. CDBG will cover the tuition for
approximately 10 low income children to participate in the After School Program and Summer
Day Camp Programs.
1) Maintain facilities at all times in conformance with all applicable codes, licensing, and
other requirements for the operation of the After School and Day Camp. This will include
all requirements for lead -based paint testing and abatement as necessary. The facility must
be handicapped accessible and organized into separate areas appropriate for each of the age
grouping being served.
2) Conduct outreach with either flyers, or public service announcements, or networking with
local agencies, and other means to inform the low to moderate - income community of the
subsidized tuition assistance available and to ensure sufficient demand to maintain
enrollment.
3) Accept applications and perform eligibility determination. Only children from families in
the City of Port Arthur with incomes, which meet the low to moderate - income guidelines
of the CDBG program, will be eligible for the tuition assistance program.
2
4) Ensure that the numbers, background and qualifications of the Subrecipient's staff
providing on -site services at all times are appropriate for the enrolled child population at
the center and meet at least the minimum standards established by the pertinent licensing
bodies.
5) Maintain program and financial records documenting the eligibility, attendance, provision
of services, and Subrecipient expenses relative to the children receiving day care services
as a result of assistance provided through the CDBG program.
Such services to low and moderate - income persons shall be provided in accordance with the
Housing and Community Development Act of 1974, as amended (hereinafter called the Act).
The Subrecipient shall perform all activities in accordance with the terms of the Performance
Statement, hereinafter called Exhibit A; the Budget, hereinafter called Exhibit B; the Project
Implementation Schedule, hereinafter called Exhibit C; the Applicable Laws and Regulations,
hereinafter called Exhibit D; the Certifications, hereinafter called Exhibit E; the assurances,
certifications, and all other statements made by the Subrecipient in its application for the
project funded under this contract; and with all other terms, provisions, and requirements set
forth in this contract. It shall be Subrecipient's responsibility to 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.
3
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 submission of certified
attendance reports, income verification, amount of tuition paid by participants,
and amount of tuition that will be paid with CDBG funds or other
documentation approved by the City's Grants Management staff. This
documentation 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 Two
Thousand and No /100 Dollars ($2,000.00).
SECTION 5. DISBURSEMENT OF FUNDS
A. City will reimburse only tuition for Port Arthur residents who meet the low to
moderate - income criteria eligible costs 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.
4
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
the records are retained by Subrecipient. Subrecipient agrees to maintain such records
in an accessible location.
C. All records pertinent to this contract shall be retained by Subrecipient for three years
following the date of termination of this contract or submission of the final close -out
report; whichever is later, with the following exceptions:
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
5
until all litigation, claims or audit findings involving the records have been
resolved.
2. Records relating to real property acquisition or long -term lease shall be retained
for a period equal to the useful life of any repairs made with CDBG funds.
SECTION 8. REPORTING REQUIREMENTS
A. Subrecipient shall submit to the City, a monthly report on the number and race of
students attending the After School Program unless the information is provided on the
reimbursement statement. The report will be due on the 15th of every month unless the
information is provided on the reimbursement statement. 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. Provide each Subrecipient with information on financial management;
3. Provide each Subrecipient with a copy of the monitoring guidelines
6
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is contracting with
Subrecipient as an Independent Contractor, and that Subrecipient, as such, agrees to hold City
harmless and to indemnify City from and against any and all claims, demands, and causes of
action of every kind and character which 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.
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 of a 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 exercised
any functions or responsibilities with respect to activities assisted with funds provided under
this contract or (2) who is in a position to participate in a decision making process or gain
inside information with regard to such activities may obtain a personal or financial interest or
7
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.
8
SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to enter
into this contract, receive funds authorized by this contract, and to perform the services
Subrecipient has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Subrecipient, or
representing themselves as signing and executing this contract on behalf of
Subrecipient, do hereby warrant and guarantee that he, she or they have been duly
authorized by Subrecipient to execute this contract on behalf of Subrecipient and to
validly and legally bind Subrecipient to all terms, performances, and provisions herein
set forth.
C. Subrecipient shall not employ, 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:
9
City may from time to time during the period of performance of this contract issue
policy directives which serve to establish, interpret, or clarify performance
requirements under this contract. Such policy directives shall be promulgated by the
City Manager when authorized by the 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:
1. 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
10
expenditure of 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 all 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
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
12
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient
further understands and agrees that Subrecipient shall make all reasonable efforts to
assist City in handling inquiries and complaints from persons and agencies seeking
redress in relation to environmental reviews covered by approved certifications.
SECTION 21. LABOR STANDARDS
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 right
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 funds remaining on hand
on the date of termination, and all accounts receivable attributable to the use of funds
received under this contract shall revert to City. Subrecipient shall return these assets
to City within seven (7) business days after the date of termination.
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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 Port Arthur YMCA
Mary E. Essex, Grants Program Administrator Executive Director
444 4th Street 6760 9th Avenue
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
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
14
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
SECTION 28. EQUIPMENT
Equipment shall be used by the subgrantee in the program or project for which it was acquired
as long as needed, whether or not the project or program continues to be supported by Federal
funds. When no longer needed for the original program or project, the equipment may be used
in other activities currently or previously supported by a Federal agency.
Property records must be maintained that include a description of the property, a serial number
or other identification number, the source of property, who holds title, the acquisition date,
and cost of the property, percentage of Federal participation in the cost of the property, the
location, use and condition of the property, and any ultimate disposition data including the date
of disposal and sale price of the property.
A control system must be developed to ensure adequate safeguards to prevent loss, damage, or
theft of the property. Any loss, damage, or theft shall be investigated.
Adequate maintenance procedures must be developed to keep the property in good condition.
When the equipment is no longer needed, the subgrantee will request disposition instruction
from the City of Port Arthur.
15
APPROVED IN FORM:
Val Tizeno, City Attorney
CITY OF PORT ARTHUR
Floyd T. Johnson, City Manager
ATTEST:
Sherri Bellard, City Secretary
YOUNG MEN'S CHRISTIAN ASSOCIATION
OF PORT ARTHUR AND SOUTH
JEFFERSON COUNTY
Executive Director
Date
16
EXHIBIT A
Performance Statement
Young Men's Christian Association of Port Arthur and South Jefferson County
Subrecipient shall carry out the following activities identified in its 2013 CDBG application:
The Subrecipient shall operate an After School and Summer Day Camp Programs at Tyrrell
and Lucian Adams Elementary Schools. During the school year, youth will be able to
participate in afterschool programs at two Port Arthur Elementary schools. The program
builds the self - esteem of children and give them skills in positive relationships among their
peers. Having a community of youth that believe in them and the future of their community
will be the result of participating in the Day Camp and after school programs.
All requests for payment under this contract must be accompanied by certified attendance
reports, if any, and evidence of low- income status of each CDBG subsidized program
participant at Tyrrell and Lucian Adams Elementary Schools based on household income.
Evidences of income verification shall include income tax returns, employer's certification,
income verification forms, or other means acceptable to the City. The weekly rate of tuition
for the After School Program will be set at $35 per student. CDBG will cover the tuition for
approximately 10 low income children to participate in the After School Program and Summer
Day Camp Programs.
17
LOW INCOME STATUS
Low - income status shall be the basis for CDBG assistance to children participating in the
Subrecipient's Latchkey and Day Camp programs and said low income shall be determined by
establishing the Gross Family Income of each assisted child's household. Said income status is
defined by the U. S. Department of Housing and Urban Development in its 2011 statistics for
the Beaumont -Port Arthur MSA and is represented as follows:
Upper Income
Family Size Limit
2 $35,000
3 $39,400
4 $43,750
5 $47,250
6 $50,750
7 $54,250
8 $57,750
9 or more family members add $2,200 per child.
Income, for the purpose of this contract, is defined as the income of the assisted child's
parent's or parent, legal guardian, and any other persons related by blood, marriage, or
operation of law who share the same dwelling unit. Gross Family Income shall be calculated
by including the total family income from all sources before taxes, including the income of the
parents participating in the program but excluding other household members who are minors
(under 18 years of age) or full time students.
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.
18
EXHIBIT B
Budget
Young Men's Christian Association of Port Arthur and South Jefferson County
Activity Contract Other TOTAL
Funds Funds FUNDS
1) Tuition $ 2,000.00 $0,000.00 $2,000.00
TOTAL FUNDS $ 2,000.00 $0,000.00 $2,000.00
19
EXHIBIT C
Project Implementation Schedule
Young Men's Christian Association of Port Arthur and South Jefferson County
CONTRACT START DATE: CONTRACT ENDING DATE:
Youth Activities
Program 1 2 3 4 5 6 7 8 9 10 11 12
Prepare
Syllabus /Program X
School Year Activities X X X X X X X X X X
Special Activities X X X
General Administration X X X X X X X X X X X X
Final Report &
Close -out X
20
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.
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
21
Contractor /Subcontractor will be required to identify contracts which have been bid by
minority owned, women owned, and /or small disadvantaged businesses.
The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.);
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and
"Nondiscrimination Based on Handicap in Federally- Assisted Programs and Activities
of the Department of Housing and Urban Development ", 24 CFR, Part 8. By signing
this contract, Contractor understands and agrees that the activities funded herein shall
be operated in accordance with 24 CFR, Part 8; and the Architectural Barriers Act of
1968 (42 U.S.C., Section 4151 et. seq.), including the use of a telecommunications
device for deaf persons (TDDs) or equally effective communication system.
II. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
24 CFR Part 51, Environmental Criteria and Standards.
22
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:
Executive Director
Young Men's Christian Association of Port Arthur and
South Jefferson County
Date
23
ATTACHMENT 8
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 Mayor and City Manager, duly
authorized by Resolution of the City Council of the City of Port Arthur and Port Arthur
American Little League, 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 that
operates a baseball club; and,
WHEREAS, the U. S. Department of Housing and Urban Development (HUD)
has awarded funding to the City in the amount of $1,074,229 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant "); and,
WHEREAS, by the adoption of Resolution 13 -323 (authorizing submission of a
39th Year Community Development Block Grant Application) the City has obligated itself to
provide financial assistance to Port Arthur American Little League, Inc. through a contract with
the Subrecipient; and,
WHEREAS, under the terms of the grant the City must ensure that all applicable
federal requirements are met concerning the disbursement of funds to the Subrecipient; and,
WHEREAS, projects undertaken by the Subrecipient 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;
Now, Therefore, The Parties hereto do mutually agree as follows:
1
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on , 2013 and shall
terminate on , 2014, unless otherwise specifically provided by the terms
of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
The Subrecipient shall assist low to moderate income youths residing in Port Arthur between the
ages of 4 -16, to change children's lives through the involvement of extracurricular activities and
provide positive male mentorship to young children who live in homes without a father through
baseball. CDBG funds will be used to pay tuition fees for eligible children to participate in Port
Arthur American Little League, Inc. Income verification forms will be required and recipient
must be a resident of Port Arthur. Tuition fees are set at $85.00 per child for fall (July —
October) league for children ages 8 years —12 years, the spring (April — June) leagues tuition is
$65.00 for 3 — 16 year olds.
Such services to low and moderate income persons shall be provided in accordance with the
Housing and Community Development Act of 1974, as amended (hereinafter called the Act).
The Subrecipient shall perform all activities in accordance with the terms of the Performance
Statement, hereinafter called Exhibit A; the Budget, hereinafter called Exhibit B; the Project
Implementation Schedule, hereinafter called Exhibit C; the Applicable Laws and Regulations,
hereinafter called Exhibit D; the Certifications, hereinafter called Exhibit E; the assurances,
certifications, and all other statements made by the Subrecipient in its application for the project
funded under this contract; and with all other terms, provisions, and requirements set forth in this
contract. It shall be Subrecipient's responsibility to 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
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.
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, copies of cancelled checks (if available), income
verification forms, 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 teems 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 One
Thousand Five Hundred Dollars and No /100 ($1,500.00).
SECTION 5. DISBURSEMENT OF FUNDS
A. City will reimburse only for tuition expenses for students who are low to moderate
income Port Arthur residents eligible costs 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:
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 all litigation, claims or audit findings involving the records have been
resolved.
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2. Records relating to real property acquisition or long-term lease shall be retained
for a period equal to the useful life of any repairs made with CDBG funds.
SECTION 8. REPORTING REQUIREMENTS
A. Subrecipient shall submit to the City, a monthly report on the number and race of
students that were CDBG recipients unless information is provided on reimbursement
statement. The report will be due on the 15th of every month unless provided with
reimbursement statement. 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. Provide each Subrecipient with information on financial management;
4. Provide each Subrecipient with a copy of the monitoring guidelines
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is contracting with
Subrecipient as an Independent Contractor, and that Subrecipient, as such, agrees to hold City
harmless and to indemnify City from and against any and all claims, demands, and causes of
action of every kind and character which 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.
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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 perfolinances
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 of a 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 exercised
any functions or responsibilities with respect to activities assisted with funds provided under this
contract or (2) who is in a position to participate in a decision making process or gain inside
information with 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
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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.
SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to enter
into this contract, receive funds authorized by this contract, and to perform the services
Subrecipient has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Subrecipient, or
representing themselves as signing and executing this contract on behalf of Subrecipient,
do hereby warrant and guarantee that he, she or they have been duly authorized by
Subrecipient to execute this contract on behalf of Subrecipient and to validly and
legally bind Subrecipient to all terms, performances, and provisions herein set forth.
C. Subrecipient shall not employ, 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.
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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
during the period of performance of this contract issue policy directives which serve to
establish, interpret, or clarify performance requirements under this contract. Such policy
directives shall be promulgated by the City Manager when authorized by the 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.
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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:
1. 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
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 all 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 -110 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;
9.
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 nine (9) months 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.
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.
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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
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 extent
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient further
understands and agrees that Subrecipient shall make all reasonable efforts to assist City in
handling inquiries and complaints from persons and agencies seeking redress in relation
to environmental reviews covered by approved certifications.
SECTION 21. LABOR STANDARDS
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.
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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
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 Port Arthur American Little League, Inc.
Mary E. Essex, Grants Program Administrator Dwight Fobbs, President
444 4th Street P.O. Box 2162
Port Arthur, Texas 77640 Port Arthur, Texas 77640
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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
Subrecipient shall comply with all Federal, State and local laws, statutes, ordinances, rules,
regulations, orders and decrees of any court or administrative body or tribunal related to the
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
SECTION 28. EQUIPMENT
Equipment shall be used by the subgrantee in the program or project for which it was acquired as
long as needed, whether or not the project or program continues to be supported by Federal
funds. When no longer needed for the original program or project, the equipment may be used in
other activities currently or previously supported by a Federal agency.
Property records must be maintained that include a description of the property, a serial number or
other identification number, the source of property, who holds title, the acquisition date, and cost
of the property, percentage of Federal participation in the cost of the property, the location, use
and condition of the property, and any ultimate disposition data including the date of disposal
and sale price of the property.
A control system must be developed to ensure adequate safeguards to prevent loss, damage, or
theft of the property. Any loss, damage, or theft shall be investigated.
Adequate maintenance procedures must be developed to keep the property in good condition.
When the equipment is no longer needed, the subgrantee will request disposition instruction from
the City of Port Arthur.
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APPROVED IN FORM:
Val Tizeno, City Attorney
CITY OF PORT ARTHUR
Floyd T. Johnson, City Manager
ATTEST: Port Arthur American Little League, Inc.
Sherri Bellard, City Secretary Dwight Fobbs, President
Date
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EXHIBIT A
Performance Statement
Port Arthur American Little League, Inc.
Subrecipient shall carry out the following activities identified in its 2013 CDBG Application:
The Subrecipient shall assist low to moderate income youths residing in Port Arthur between the
ages of 4 -16, to change children's lives through the involvement of extracurricular activities and
provide positive male mentorship to young children who live in homes without a father through
baseball. CDBG funds will be used to pay tuition fees for eligible children to participate in Port
Arthur American Little League, Inc. Income verification forms will be required and recipient
must be a resident of Port Arthur. Tuition fees are set at $85.00 per child for fall (July — October)
league for children ages 8 years — 12 years, the spring (April — June) leagues tuition is $65.00 for
3 —16 year olds. Such services to low and moderate income persons shall be provided in
accordance with the Housing and Community Development Act of 1974, as amended
(hereinafter called the Act).
Funds shall be disbursed to Subrecipient on a periodic basis, with such periods not to exceed
quarterly. Said periodic disbursements shall be based upon the Subrecipient's disbursement
request. Subrecipient shall be paid solely from Community Development Block Grant Funds.
Subrecipient shall utilize One Thousand Five Hundred Dollars and No /100 ($1,500.00) of
contract funds to complete these activities.
LOW INCOME STATUS
Low income status shall be the basis for CDBG assistance to children participating in the
Subrecipient's program and said low income shall be determined by establishing the Gross
Family Income of each assisted child's household. Said income status is defined by the U.S.
Department of Housing and Urban Development in its 2013 statistics for the Beaumont -Port
Arthur MSA and is represented as follows:
Upper Income
Family Size Limit
2 $35,000
3 $39,400
4 $43,750
5 $47,250
6 $50,750
7 $54,250
8 $57,750
9 or more family members, add $2,200 per child.
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Income, for the purpose of this contract, is defined as the income of the assisted child's parent's
or parent, legal guardian, and any other persons related by blood, marriage, or operation of law
who share the same dwelling unit. Gross Family Income shall be calculated by including the
total family income from all sources before taxes, including the income of the parents
participating in the program but excluding other household members who are minors (under 18
years of age) or full time students.
ADMINISTRATION
Subrecipient shall utilize CDBG funds to carry out all project administration activities, including
the cost associated with the required annual program compliance and fiscal audit. It is further
understood that any costs above this contract amount incurred by the Subrecipient for these
activities shall be paid for with private or other funds.
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EXHIBIT B
Budget
Port Arthur American Little League, Inc.
Activity Contract Other TOTAL
Funds Funds FUNDS
1. Tuition $1,500.00 $0.00 $1,500.00
TOTAL FUNDS $1,500.00 $0.00 $1,500.00
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EXHIBIT C
Project Implementation Schedule
Port Arthur American Little League, Inc.
CONTRACT START DATE: CONTRACT ENDING DATE:
Activities Program 1 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.
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.);
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and
"Nondiscrimination Based on Handicap in Federally- Assisted Programs and Activities of
the Department of Housing and Urban Development ", 24 CFR, Part 8. By signing this
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contract, Contractor understands and agrees that the activities funded herein shall be
operated in accordance with 24 CFR, Part 8; and the Architectural Barriers Act of 1968
(42 U.S.C., Section 4151 et. seq.), including the use of a telecommunications device for
deaf persons (TDDs) or equally effective communication system.
II. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
24 CFR Part 51, Environmental Criteria and Standards.
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EXHIBIT E
Certification Regarding Lobbying for
Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his knowledge and belief, that:
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:
Dwight Fobbs, President
Date
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ATTACHMENT 9
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 Catholic Charities of Southeast
Texas, Jefferson County, Texas (hereinafter called "Subrecipient ") acting herein by its
President /CEO, 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 that
serves the needs of the homeless in the community; and,
WHEREAS, the U.S. Department of Housing and Urban Development (HUD)
has awarded funding to the City in the amount of $1,074,229 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant "); and,
WHEREAS, by the adoption of Resolution 13 -323 (authorizing submission of a
39th Year Consolidated Plan) the City has obligated itself to provide financial assistance to
South Jefferson County Hospitality Center for services to needy families through a contract
with the Subrecipient; and,
WHEREAS, under the terms of the grant the City must ensure that all
applicable federal requirements are met concerning the disbursement of funds to the
Subrecipient; and,
WHEREAS, projects undertaken by the Subrecipient pursuant to this contract
must principally be of direct benefit to low and moderate income persons as has been
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determined by the parties and is established under the guidelines of the Housing and
Community Development Act of 1974, as amended;
Now, Therefore, The Parties hereto do mutually agree as follows:
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on , 2013 and shall terminate
on , 2014, unless otherwise specifically provided by the terms of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
The Subrecipient shall provide one daily meal, seven days a week to the elderly on fixed
incomes, working poor, temporarily needy, and homeless in Port Arthur at the 3959 Gulfway
Drive location. CDBG funds will reimburse for utility expenses: water, gas, and electricity.
CDBG will only pay the current monthly charges for the utilities. CDBG will not pay late fees
or unpaid charges from previous months. CDBG will also pay for food expenses associated
with providing one meal a day at 3959 Gulfway Drive. Receipts and copies of cancelled
checks must be attached to a reimbursement statement. CDBG will cover the salaries for
Director of Asset Building Case Management and the Director of Hospitality Center. The
Hospitality Center will serve at least 1,000 meals. 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
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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.
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 original invoices
and copies of cancelled checks 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 Ten
Thousand Dollars and 00 /100s ($10,000.00).
SECTION 5. DISBURSEMENT OF FUNDS
A. City will reimburse only for salary, food and utilities (gas, water, and electricity)
eligible costs 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. Each paid salary must submit timesheets with
signature of employee and supervisor.
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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.
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
the records are retained by Subrecipient. Subrecipient agrees to maintain such records
in an accessible location.
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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:
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 all litigation, claims or audit findings involving the records have been
resolved.
2. Records relating to real property acquisition or long -term lease shall be retained
for a period equal to the useful life of any repairs made with CDBG funds.
SECTION 8. REPORTING REQUIREMENTS
A. Subrecipient shall submit to the City, a monthly report on the number of meals served
at the Hospitality Center located at 3959 Gulfway Drive. The report will be due on the
15th of every month unless the information is provided with the reimbursement
statement. 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. Provide each Subrecipient with information on financial management;
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3. Provide each Subrecipient with a copy of the monitoring guidelines
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is contracting with
Subrecipient as an Independent Contractor, and that Subrecipient, as such, agrees to hold City
harmless and to indemnify City from and against any and all claims, demands, and causes of
action of every kind and character which 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.
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 of a 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 procurements 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 exercised
any functions or responsibilities with respect to activities assisted with funds provided under
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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.
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SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to enter
into this contract, receive funds authorized by this contract, and to perform the services
Subrecipient has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Subrecipient, or
representing themselves as signing and executing this contract on behalf of
Subrecipient, do hereby warrant and guarantee that he, she or they have been duly
authorized by Subrecipient to execute this contract on behalf of Subrecipient and to
validly and legally bind Subrecipient to all terms, performances, and provisions herein
set forth.
C. Subrecipient shall not employ, 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 during the period of performance of this contract issue
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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:
1. 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 funds. Termination shall occur 30 days after the parties agree to
terminate. The Subrecipient shall not incur any new obligations once an
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agreement to terminate is reached and shall cancel all 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 nine (9) months 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.
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
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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 fmancial 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
project, required for City to meet its responsibilities for environmental review, decision
making, and other action which applies to City in accordance with and to the extent
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient
further understands and agrees that Subrecipient shall make all reasonable efforts to
assist City in handling inquiries and complaints from persons and agencies seeking
redress in relation to environmental reviews covered by approved certifications.
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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 right
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 funds remaining on hand
on the date of termination, and all accounts receivable attributable to the use of funds
received under this contract shall revert to City. Subrecipient shall return these assets
to City within seven (7) business days after the date of termination.
D. Displacement, Relocation, and Acquisition. Subrecipient must ensure that it will not
displace persons (families, business and non - profit organizations) as a result of a project
assisted with funds provided under this contract.
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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 Catholic Charities
Mary E. Essex, Grants Program Administrator President /CEO
444 4th Street 2780 Eastex Freeway
Port Arthur, Texas 77640 Beaumont, Texas 77704 -0829
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
Subrecipient shall comply with all Federal, State and local laws, statutes, ordinances, rules,
regulations, orders and decrees of any court or administrative body or tribunal related to the
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
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SECTION 28. EQUIPMENT
Equipment shall be used by the subgrantee in the program or project for which it was acquired
as long as needed, whether or not the project or program continues to be supported by Federal
funds. When no longer needed for the original program or project, the equipment may be used
in other activities currently or previously supported by a Federal agency.
Property records must be maintained that include a description of the property, a serial number
or other identification number, the source of property, who holds title, the acquisition date,
and cost of the property, percentage of Federal participation in the cost of the property, the
location, use and condition of the property, and any ultimate disposition data including the date
of disposal and sale price of the property.
A control system must be developed to ensure adequate safeguards to prevent loss, damage, or
theft of the property. Any loss, damage, or theft shall be investigated.
Adequate maintenance procedures must be developed to keep the property in good condition.
When the equipment is no longer needed, the subgrantee will request disposition instruction
from the City of Port Arthur.
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APPROVED IN FORM:
Val Tizeno, City Attorney
CITY OF PORT ARTHUR
Floyd T. Johnson, City Manager
ATTEST:
Sherri Bellard, City Secretary
CATHOLIC CHARITIES OF
SOUTHEAST TEXAS
Carolyn Fernandez, President /CEO
Date
15
EXHIBIT A
Performance Statement
Catholic Charities of Southeast Texas
Subrecipient shall carry out the following activities identified in its 2013 CDBG Application:
The Subrecipient shall provide one daily meal, seven days a week to the elderly on fixed
incomes, working poor, temporarily needy, and homeless in Port Arthur at the 3959 Gulfway
Drive location. CDBG funds will be used to pay salaries, utility expenses: water, gas, and
electrical. CDBG will only pay the current monthly charges for the utilities. CDBG will not
pay late fees or unpaid charges from previous months. CDBG will also pay for food expenses
associated with providing one meal a day at 3959 Gulfway Drive. Receipts and copies of
cancelled checks must be attached to a reimbursement statement. CDBG will cover the
salaries for Director of Asset Building Case Management and the Director of Hospitality
Center. The Hospitality Center will serve at least 1,000 meals.
Subrecipient shall utilize CDBG funds, in conjunction with Subrecipient's own funds, to
provide hot meals to homeless residents of the City of Port Arthur.
Subrecipient shall utilize Ten Thousand Dollars and No /100s ($10,000.00) of contract funds to
complete these activities.
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.
16
EXHIBIT B
Budget
Catholic Charities of Southeast Texas
Activity Contract Other TOTAL
Funds Funds FUNDS
1) Food $ 3,600.00 $0.00 $ 3,600.00
2) Utilities $ 1,500.00 $0.00 $ 1,500.00
3) Commodities $ 1,000.00 $0.00 $ 1,000.00
4) Salaries $ 3,000.00 $0.00 $ 3,000.00
5) Fringe Benefits $ 900.00 $0.00 $ 900.00
TOTAL FUNDS $10,000.00 $0.00 $10,000.00
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EXHIBIT C
Project Implementation Schedule
Catholic Charities of Southeast Texas
CONTRACT START DATE: CONTRACT ENDING DATE:
Activities
1 2 3 4 5 6 7 8 9 10 11 12
Provide Meal Service X X X X X X X X X X X
General Administration X X X X X X X X X X X X
Project Close -out X 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.
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
19 •
Contractor /Subcontractor will be required to identify contracts which have been bid by
minority owned, women owned, and /or small disadvantaged businesses.
The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.);
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and
"Nondiscrimination Based on Handicap in Federally- Assisted Programs and Activities
of the Department of Housing and Urban Development ", 24 CFR, Part 8. By signing
this contract, Contractor understands and agrees that the activities funded herein shall
be operated in accordance with 24 CFR, Part 8; and the Architectural Barriers Act of
1968 (42 U.S.C., Section 4151 et. seq.), including the use of a telecommunications
device for deaf persons (TDDs) or equally effective communication system.
II. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
24 CFR Part 51, Environmental Criteria and Standards.
20
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:
President /CEO
Catholic Charities of Southeast Texas
Date
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ATTACHMENT 10
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 Mayor and City Manager, duly
authorized by Resolution of the City Council of the City of Port Arthur and Inspire,
Encourage, Achieve, 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 that
serves the needs of youth in the community who have had involvement with the criminal
justice system and provides positive summer programming; and,
WHEREAS, the U.S. Department of Housing and Urban Development (HUD)
has awarded funding to the City in the amount of $1,074,229 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant "); and,
WHEREAS, by the adoption of Resolution 13 -323 (authorizing submission of a
39th Year Community Development Block Grant Application) the City has obligated itself to
provide financial assistance to IEA for assistance to low and moderate income families through
a contract with the Subrecipient; and,
WHEREAS, under the terms of the grant the City must ensure that all
applicable federal requirements are met concerning the disbursement of funds to the
Subrecipient; and,
WHEREAS, projects undertaken by the Subrecipient pursuant to this contract
must principally be of direct benefit to low and moderate income persons as has been
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determined by the parties and is established under the guidelines of the Housing and
Community Development Act of 1974, as amended;
Now, Therefore, The Parties hereto do mutually agree as follows:
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on , 2013 and shall
terminate on , 2014, unless otherwise specifically provided by the terms
of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
The mission of IEA - Inspire, Encourage, Achieve is to inspire and encourage young people in
Southeast Texas to achieve by initiating enhanced educational, rehabilitative, and support
services for youth involved in the juvenile justice system. CDBG funds will be used to pay a
portion of the Coordinator's salary associated with providing a preventive measure and service
to Port Arthur and the surrounding areas that serves parents of youth at risk of involvement in
juvenile delinquency. Through Parent Project IEA offers parents free classes which provide
parents with a support network and resources that help parents encourage and motivate their
children to stay out of at risk situations that often lead to delinquency and criminal lifestyles.
Approximately 20 youths and 60 parents will be served the Parent Project.
The Parent Project is a practical and reliable solution for motivating strong character,
responsible decision - making and healthy choices among children. Parent Project class is
interactive and offers activity -based curriculum which allows parents to work in groups and
employ structured group process that help them learn how to continue their own self -help or
support group once the instructional program has concluded. The classes will be offered for
ten weeks. Parents and children are required to attend once a week either in a morning or
evening class held at either the 9 grade campus or another designated site in Port Arthur. The
morning class starts at 9:00 and ends at 11:00 and the evening classes are 5:30 - 7:30.
Such services to low and moderate income persons shall be provided in accordance with the
Housing and Community Development Act of 1974, as amended (hereinafter called the Act).
The Subrecipient shall perform all activities in accordance with the terms of the Performance
Statement, hereinafter called Exhibit A; the Budget, hereinafter called Exhibit B; the Project
Implementation Schedule, hereinafter called Exhibit C; the Applicable Laws and Regulations,
hereinafter called Exhibit D; the Certifications, hereinafter called Exhibit E; the assurances,
certifications, and all other statements made by the Subrecipient in its application for the
project funded under this contract; and with all other terms, provisions, and requirements set
forth in this contract. It shall be Subrecipient's responsibility to furnish its own accounting
services including clerical, statistical, bookkeeping for expenditures made by Subrecipient in
performance of the obligations herein.
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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.
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 based on timesheet, attendance
rolls and cancelled checks, 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.
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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 00 /100s ($3,000.00).
SECTION 5. DISBURSEMENT OF FUNDS
A. City will reimburse only for Coordinator's salary. 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.
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.
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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
the records are retained by Subrecipient. Subrecipient agrees to maintain such records
in an accessible location.
C. All records pertinent to this contract shall be retained by Subrecipient for three years
following the date of termination of this contract or submission of the final close -out
report, whichever is later, with the following exceptions:
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 all litigation, claims or audit findings involving the records have been
resolved.
2. Records relating to real property acquisition or long -term lease shall be retained
for a period equal to the useful life of any repairs made with CDBG funds.
SECTION 8. REPORTING REQUIREMENTS
A. Subrecipient shall submit to the City, a monthly report on the number of students
served along with the racial distribution for each participant. The reports will be due
on the 15th of every month or when reimbursement request is made. 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
5
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. Provide each Subrecipient with information on financial management;
3. Provide each Subrecipient with a copy of the monitoring guidelines
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is contracting with
Subrecipient as an Independent Contractor, and that Subrecipient, as such, agrees to hold City
harmless and to indemnify City from and against any and all claims, demands, and causes of
action of every kind and character which 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.
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 of a 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
termsof 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
6
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 procurements 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 exercised
any functions or responsibilities with respect to activities assisted with funds provided under
this contract or (2) who is in a position to participate in a decision making process or gain
inside information with 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
7
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.
SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to enter
into this contract, receive funds authorized by this contract, and to perform the services
Subrecipient has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Subrecipient, or .
representing themselves as signing and executing this contract on behalf of
Subrecipient, do hereby warrant and guarantee that he, she or they have been duly
authorized by Subrecipient to execute this contract on behalf of Subrecipient and to
validly and legally bind Subrecipient to all terms, performances, and provisions herein
set forth.
C. Subrecipient shall not employ, 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.
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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 during the period of performance of this contract issue
policy directives which serve to establish, interpret, or clarify performance
requirements under this contract. Such policy directives shall be promulgated by the
City Manager when authorized by the 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:
1. 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.
9
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 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 all 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 nine (9) months after the end of each fiscal period
10
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.
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 depaitiuent.
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.
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SECTION 20. ENVIRONMENTAL CLEARANCE REQUIREMENTS
A. Subrecipient understands and agrees that by execution of this contract Subrecipient shall
be responsible for providing to City all information, concerning this CDBG funded
project, required for City to meet its responsibilities for environmental review, decision
making, and other action which applies to City in accordance with and to the extent
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient
further understands and agrees that Subrecipient shall make all reasonable efforts to
assist City in handling inquiries and complaints from persons and agencies seeking
redress in relation to environmental reviews covered by approved certifications.
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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 right
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 funds remaining on hand
on the date of termination, and all accounts receivable attributable to the use of funds
received under this contract shall revert to City. Subrecipient shall return these assets
to City within seven (7) business days after the date of termination.
D. Displacement, Relocation, and Acquisition. Subrecipient must ensure that it will not
displace persons (families, business and non - profit organizations) as a result of a project
assisted with funds provided under this contract.
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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 IEA, Inspire, Encourage, Achieve
Mary E. Essex, Grants Program Administrator Executive Director
444 4th Street 595 Orleans Street, Suite 920
Port Arthur, Texas 77640 Beaumont, Texas 77701
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
Subrecipient shall comply with all Federal, State and local laws, statutes, ordinances, rules,
regulations, orders and decrees of any court or administrative body or tribunal related to the
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
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APPROVED IN FORM:
Val Tizeno, City Attorney
ATTEST:
Sherri Bellard, City Secretary
CITY OF PORT ARTHUR
Floyd T. Johnson, City Manager
IEA, Inspire, Encourage, Achieve
Executive Director
Date •
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EXHIBIT A
Performance Statement
IEA - Inspire, Encourage, Achieve
Subrecipient shall carry out the following activities identified in its 2013 CDBG Application:
The mission of IEA - Inspire, Encourage, Achieve is to inspire and encourage young people in
Southeast Texas to achieve by initiating enchanced educational, rehabilitative, and support
services for youth involved in the juvenile justice system. CDBG funds will be used to pay a
portion of the Coordinator's salary associated with providing a preventive measure and service
to Port Arthur and the surrounding areas that serves parents of youth at risk of involvement in
juvenile delinquency. Through Parent Project IEA offers parents free classes which provide
parents with a support network and resources that help parents encourage and motivate their
children to stay out of at risk situations that often lead to delinquency and criminal lifestyles.
Approximately 20 youths and 60 parents will be served the Parent Project.
The Parent Project is a practical and reliable solution for motivating strong character,
responsible decision - making and healthy choices among children. Parent Project class is
interactive and offers activity -based curriculum which allows parents to work in groups and
employ structured group process that help them learn how to continue their own self -help or
support group once the instructional program has concluded. The classes will be offered for
ten weeks. Parents and children are required to attend once a week either in a morning or
evening class held at either the 9 grade campus or another designated site in Port Arthur. The
morning class starts at 9:00 and ends at 11:00 and the evening classes are 5:30 - 7:30.
Such services to low and moderate income persons shall be provided in accordance with the
Housing and Community Development Act of 1974, as amended (hereinafter called the Act).
The Subrecipient shall perform all activities in accordance with the terms of the Performance
Statement, hereinafter called Exhibit A; the Budget, hereinafter called Exhibit B; the Project
Implementation Schedule, hereinafter called Exhibit C; the Applicable Laws and Regulations,
hereinafter called Exhibit D; the Certifications, hereinafter called Exhibit E; the assurances,
certifications, and all other statements made by the Subrecipient in its application for the
project funded under this contract; and with all other terms, provisions, and requirements set
forth in this contract. It shall be Subrecipient's responsibility to 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 No /100 ($3,000.00) of contract funds to
complete these activities. 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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Subrecipient shall verify the family income of all families whose children participate in
activities assisted with CDBG funds in order to ensure benefit to low to moderate - income
persons. The types of income verification shall include proof that participants are City of Port
Arthur Housing Authority residents, income tax returns, employer's certification and other
means acceptable to the City.
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EXHIBIT B
Budget
IEA - Inspire, Encourage, Achieve
Activity Contract In -Kind TOTAL
Funds Funds
FUNDS
1) Coordinator's Salary $3,000.00 $ 0.00 $ 3,000.00
TOTAL FUNDS $3,000.00 $ 0.00 $ 3,000.00
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EXHIBIT C
Project Implementation Schedule
IEA - Inspire, Encourage, Achieve
CONTRACT START DATE: CONTRACT ENDING DATE:
Youth Activities
Program 1 2 3 4 5 6 7 8 9 10 11 12
Prepare
Syllabus /Program X
School Year Activities X X X X X X X X X
Special Activities X X X
General Administration X X X X X X X X X X X X
Final Report &
Close -out X
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EXHIBIT D
The Applicable Laws and Regulations
Subrecipient shall comply with all federal, state, and local laws and regulations applicable to
the activities and performances rendered by Subrecipient under this contract including, but not
limited to, the laws and regulations specified in Section I through IV of this Exhibit D.
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 of 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
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
24 CFR Part 51, Environmental Criteria and Standards.
21
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:
Executive Director
IEA - Inspire, Encourage, Achieve
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ATTACHMENT 11
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 Program of Health Excellence,
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 that
will provide certified nurse's aid classes for persons who want to enter the healthcare industry;
and,
WHEREAS, the U. S. Department of Housing and Urban Development (HUD)
has awarded funding to the City in the amount of $1,074,229 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant "); and,
WHEREAS, by the adoption of Resolution 13 -323 (authorizing submission of a
39th Year Community Development Block Grant Application) the City has obligated itself to
provide financial assistance to Program of Health Excellence to provide education and training
classes for adults who are seeking employment as a certified nurse's aid, through a contract
with the Subrecipient; and,
WHEREAS, under the terms of the grant the City must ensure that all
applicable federal requirements are met concerning the disbursement of funds to the
Subrecipient; and,
1
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;
Now, Therefore, The Parties hereto do mutually agree as follows:
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on , 2013 and shall
terminate on , 2014, unless otherwise specifically provided by the terms
of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
Program of Health Excellence will offer program participants skills and competency -based
training in the nurse assistant and ward clerk courses. Participants will have the time
advantage of completing their training in a four- (4) week curriculum (100 hours) that exceeds
the state requirement of 75 hours. The courses offered by Program of Health Excellence will
provide 50 classroom clock hours and 50 clinical hours. Program of Health Excellence will
have a one -week post - clinical preparation class called "Work Readiness" that is designed to
prepare graduates for successful employment in the workforce. The program will be open to
the general public and students can be referred by community organizations, social institutions,
hospitals, and other health care institutions in the community. CDBG funds will pay tuition
expenses for three (3) students who are Port Arthur residents and meet the income limits
defined by HUD for family size. Each student will be required to complete and sign an
income verification form. The tuition is set at $968.00 per student. The classes will be
instructed by Willie Mae Elmore, R.N., MS and has 31 years of experience in the nursing field
and four (4) years of classroom instructional experience. The classes will be held from 5:00
p.m. to 10:00 p.m., Monday through Friday, at 2700 Gulfway Drive in Port Arthur. Students
will participate in two (2) weeks of theory and two (2) weeks of hands on clinical practice.
After successfully completing the four- (4) week course, arrangements will be made for the
students to take the State Certified Nurse exam and then will be assisted with finding
employment. Such services to low and moderate income persons shall be provided in
accordance with the Housing and Community Development Act of 1974, as amended
(hereinafter called the Act). The Subrecipient shall perform all activities in accordance with
the terms of the Performance Statement, hereinafter called Exhibit A; the Budget, hereinafter
called Exhibit B; the Project Implementation Schedule, hereinafter called Exhibit C; the
Applicable Laws and Regulations, hereinafter called Exhibit D; the Certifications, hereinafter
called Exhibit E; the assurances, certifications, and all other statements made by the
Subrecipient in its application for the project funded under this contract; and with all other
terms, provisions, and requirements set forth in this contract. It shall be Subrecipient's
2
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.
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 income
verification forms and tuition reimbursement statements or other evidences
approved by City's Grants Management staff. This documentation 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.
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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 and No /100 Dollars ($3,000.00).
SECTION 5. DISBURSEMENT OF FUNDS
A. City will reimburse only tuition for Port Arthur residents who meet the low to
moderate - income criteria eligible costs 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.
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
4
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 the records are retained by Subrecipient. Subrecipient agrees to maintain
such records in an accessible location.
C. All records pertinent to this contract shall be retained by Subrecipient for three years
following the date of termination of this contract or submission of the final close -out
report, whichever is later, with the following exceptions:
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 all litigation, claims or audit findings involving the records have been
resolved.
2. Records relating to real property acquisition or long -term lease shall be retained
for a period equal to the useful life of any repairs made with CDBG funds.
SECTION 8. REPORTING REQUIREMENTS
A. Subrecipient shall submit to the City, a monthly report on the number of Port Arthur
residents enrolled in the class that received tuition reimbursement by race unless
information is provided on reimbursement statement. The report will be due on the 15t
of every month. A report on the number of students that are employed, as a result of
the training classes will be required quarterly. 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
5
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. Provide each Subrecipient with information on financial management;
4. Provide each Subrecipient with a copy of the monitoring guidelines
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is contracting with
Subrecipient as an Independent Contractor, and that Subrecipient, as such, agrees to hold City
harmless and to indemnify City from and against any and all claims, demands, and causes of
action of every kind and character which 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.
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
6
described in this contract, expressly understands that in entering into such subcontracts,
City is in no way liable to Subrecipient's subcontractor(s).
B. In no event shall any provision of this Section 11, specifically the requirement that
Subrecipient obtain City's prior written approval of a subcontractor's eligibility, be
construed as relieving Subrecipient of the responsibility for ensuring that the
performances rendered under all subcontracts 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 exercised
any functions or responsibilities with respect to activities assisted with funds provided under
this contract or (2) who is in a position to participate in a decision making process or gain
inside information with 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
7
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.
SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to
enter into this contract, receive funds authorized by this contract, and to
perform the services Subrecipient has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Subrecipient, or
representing themselves as signing and executing this contract on behalf of
Subrecipient, do hereby warrant and guarantee that he, she or they have been duly
authorized by Subrecipient to execute this contract on behalf of Subrecipient and to
validly and legally bind Subrecipient to all terms, performances, and provisions herein
set forth.
C. Subrecipient shall not employ, 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.
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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 during the period of performance of this contract issue
policy directives which serve to establish, interpret, or clarify performance
requirements under this contract. Such policy directives shall be promulgated by the
City Manager when authorized by the 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.
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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:
1. 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 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 all 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
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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 nine (9) months 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.
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.
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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
project, required for City to meet its responsibilities for environmental review, decision
making, and other action which applies to City in accordance with and to the extent
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient
further understands and agrees that Subrecipient shall make all reasonable efforts to
assist City in handling inquiries and complaints from persons and agencies seeking
redress in relation to environmental reviews covered by approved certifications.
SECTION 21. LABOR STANDARDS
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
12
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 right
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 funds remaining on hand
on the date of termination, all equipment that was purchased with CDBG funds, and all
accounts receivable attributable to the use of funds received under this contract shall
revert to the City. Subrecipient shall return these assets to the 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.
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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 Program of Health Excellence
Mary E. Essex, Grants Program Administrator W.M. Elmore, Executive Director
444 4th Street 2700 Gulfway Drive
Port Arthur, Texas 77640 Port Arthur, TX 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
Subrecipient shall comply with all Federal, State and local laws, statutes, ordinances, rules,
regulations, orders and decrees of any court or administrative body or tribunal related to the
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
SECTION 28. EQUIPMENT
Equipment shall be used by the subgrantee in the program or project for which it was acquired
as long as needed, whether or not the project or program continues to be supported by Federal
funds. When no longer needed for the original program or project, the equipment may be used
in other activities currently or previously supported by a Federal agency.
Property records must be maintained that include a description of the property, a serial number
or other identification number, the source of property, who holds title, the acquisition date,
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and cost of the property, percentage of Federal participation in the cost of the property, the
location, use and condition of the property, and any ultimate disposition data including the date
of disposal and sale price of the property.
A control system must be developed to ensure adequate safeguards to prevent loss, damage, or
theft of the property. Any loss, damage, or theft shall be investigated.
Adequate maintenance procedures must be developed to keep the property in good condition.
When the equipment is no longer needed, the subgrantee will request disposition instruction
from the City of Port Arthur.
APPROVED IN FORM:
Val Tizeno, City Attorney
CITY OF PORT ARTHUR
Floyd T. Johnson, City Manager
ATTEST:
Program of Health Excellence
Sherri Bellard, City Secretary W. M. Elmore, Executive Director
Date
15
EXHIBIT A
Performance Statement
PROGRAM OF HEALTH EXCELLENCE
Subrecipient shall carry out the following activities identified in its 2013 CDBG Application:
Program of Health Excellence will offer program participants skills and competency -based
training in the nurse assistant and ward clerk courses. Participants will have the time
advantage of completing their training in a four - (4) week curriculum (100 hours) that exceeds
the state requirement of 75 hours. The courses offered by Program of Health Excellence will
provide 50 classroom clock hours and 50 clinical hours. Program of Health Excellence will
have a one -week post - clinical preparation class called "Work Readiness" that is designed to
prepare graduates for successful employment in the workforce. The program will be open to
the general public and students can be referred by community organizations, social institutions,
hospitals, and other health care institutions in the community. CDBG funds will pay tuition
expenses for three (3) students who are Port Arthur residents and meet the income limits
defined by HUD for family size. Each student will be required to complete and sign an
income verification form. The tuition is set at $968.00 per student. The classes will be
instructed by Willie Mae Elmore, R.N., MS and has 31 years of experience in the nursing field
and four (4) years of classroom instructional experience. The classes will be held from 5:00
p.m. to 10:00 p.m., Monday through Friday, in Port Arthur. Students will participate in two
(2) weeks of theory and two (2) weeks of hands on clinical practice. After successfully
completing the four- (4) week course, arrangements will be made for the students to take the
State Certified Nurse exam and then will be assisted with finding employment.
Subrecipient shall utilize CDBG funds to pay tuition for eligible low to moderate - income
persons residing in Port Arthur.
Funds shall be disbursed to Subrecipient on a periodic basis, with such periods not to exceed
quarterly. Said periodic disbursements shall be based upon the Subrecipient's disbursement
request. Subrecipient shall be paid solely from Community Development Block Grant Funds.
Subrecipient shall utilize Three Thousand and No /100 Dollars ($3,000.00) of contract funds to
complete its activities.
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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.
17
EXHIBIT B
Budget
Program of Health Excellence
Activity Contract Other TOTAL
Funds Funds
FUNDS
Tuition $3,000.00 $0.00 $3,000.00
Total Budget $3,000.00 $0.00 $3,000.00
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EXHIBIT C
Project Implementation Schedule
Program of Health Excellence
CONTRACT START DATE: CONTRACT ENDING DATE:
IMPLEMENTATION SCHEDULE
MONTHS
Activities 1 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.
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
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Contractor /Subcontractor will be required to identify contracts which have been bid by
minority owned, women owned, and /or small disadvantaged businesses.
The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.);
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and
"Nondiscrimination Based on Handicap in Federally- Assisted Programs and Activities
of the Department of Housing and Urban Development", 24 CFR, Part 8. By signing
this contract, Contractor understands and agrees that the activities funded herein shall
be operated in accordance with 24 CFR, Part 8; and the Architectural Barriers Act of
1968 (42 U.S.C., Section 4151 et. seq.), including the use of a telecommunications
device for deaf persons (TDDs) or equally effective communication system.
II. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
24 CFR Part 51, Environmental Criteria and Standards.
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EXHIBIT E
Certification Regarding Lobbying for
Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his knowledge and belief, that:
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:
W. M. Elmore, Executive Director
Program of Health Excellence
Date
22
ATTACHMENT 12
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 $1,074,229 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant "); and,
WHEREAS, by the adoption of Resolution 13 -323 (authorizing submission of a
39th 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;
1
Now, Therefore, The Parties hereto do mutually agree as follows:
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on , 2013 and shall
terminate on , 2014, 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.
2
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 Two
Thousand Dollars and No /100 ($2,000.00).
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.
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
3
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:
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 all litigation, claims or audit findings involving the records have been
resolved.
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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 15 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
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is contracting with
Subrecipient as an Independent Contractor, and that Subrecipient, as such, agrees to hold City
harmless and to indemnify City from and against any and all claims, demands, and causes of
action of every kind and character which may be asserted by any third party occurring or in any
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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 of a 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 exercised
any functions or responsibilities with respect to activities assisted with funds provided under this
contract or (2) who is in a position to participate in a decision making process or gain inside
information with 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.
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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.
SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to enter
into this contract, receive funds authorized by this contract, and to perform the services
Subrecipient has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Subrecipient, or
representing themselves as signing and executing this contract on behalf of Subrecipient,
do hereby warrant and guarantee that he, she or they have been duly authorized by
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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.
C. 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
during the period of performance of this contract issue policy directives which serve to
establish, interpret, or clarify performance requirements under this contract. Such policy
directives shall be promulgated by the City Manager when authorized by the 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.
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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:
1. 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
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 all 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:
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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.
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.
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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
project, required for City to meet its responsibilities for environmental review, decision
making, and other action which applies to City in accordance with and to the extent
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient further
understands and agrees that Subrecipient shall make all reasonable efforts to assist City in
handling inquiries and complaints from persons and agencies seeking redress in relation
to environmental reviews covered by approved certifications.
SECTION 21. LABOR STANDARDS
A. Davis -Bacon Wage Rates. All laborers and mechanics employed in the rehabilitation of a
proj ect 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
11
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
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:
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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
Subrecipient shall comply with all Federal, State and local laws, statutes, ordinances, rules,
regulations, orders and decrees of any court or administrative body or tribunal related to the
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
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APPROVED IN FORM:
Val Tizeno, City Attorney
ATTEST:
Sherri Bellard, City Secretary
CITY OF PORT ARTHUR Community Retirement Home, Inc.
Floyd T. Johnson, 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 2013 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 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.
Subrecipient shall utilize Two Thousand Dollars and 00/100 ($2,000.00) 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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EXHIBIT B
Budget
Community Retirement Home, Inc.
Activity Contract Other TOTAL
Funds Funds FUNDS
1. Water, natural
gas $2,000.00 $0.00 $2,000.00
TOTAL FUNDS $2,000.00 $0.00 $2,000.00
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EXHIBIT C
Project Implementation Schedule
Community Retirement Home, Inc.
CONTRACT START DATE: CONTRACT ENDING DATE:
Activities Program 1 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.
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 of 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
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
24 CFR Part 51, Environmental Criteria and Standards.
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EXHIBIT E
Certification Regarding Lobbying for
Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his knowledge and belief, that:
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 Faun 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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ATTACHMENT 13
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 the Heritage Life Center,
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 that
serves the needs of the community; and,
WHEREAS, the U. S. Department of Housing and Urban Development (HUD)
has awarded funding to the City in the amount of $1,074,229 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant "); and,
WHEREAS, by the adoption of Resolution 13 -323 (authorizing submission of a
39th Year Community Development Block Grant Application) the City has obligated itself to
provide financial assistance to Heritage Life Center activities for children of low and moderate
income families through a contract with the Subrecipient; and,
WHEREAS, under the terms of the grant the City must ensure that all
applicable federal requirements are met concerning the disbursement of funds to the
Subrecipient; and,
WHEREAS, projects undertaken by the Subrecipient pursuant to this contract
must principally be of direct benefit to low and moderate income persons as has been
1
determined by the parties and is established under the guidelines of the Housing and
Community Development Act of 1974, as amended;
Now, Therefore, The Parties hereto do mutually agree as follows:
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on , 2013 and shall
terminate on , 2014, unless otherwise specifically provided by the terms
of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
The Subrecipient shall operate an after - school program to be housed at 821 Texas Avenue,
Port Arthur, Texas. These funds will be used to enable approximately 5 students to participate
in various after - school activities, such as completing homework assignments, receiving help
with basic core skills, and participating in enrichment activities. The activities will last from
8:30 AM - 1:00 pm every Saturday, September - May.
CDBG funds will pay tuition at the rate of $30 per child to attend the tutoring program.
All requests for payment under this contract must be accompanied by attendance reports and
evidence of low- income status of each participant based on household income. Evidences of
household income shall include income verification forms or other means acceptable to the
City. At least 51% of after school participants must meet the low to moderate - income
requirement.
Maintain facilities at all times in conformance with all applicable codes, licensing, and other
requirements for the operation of the After School Program.
1) Conduct outreach with either flyers, or public service announcements, or networking with
local agencies, and other means to inform the low to moderate - income community of the
after school program and to ensure sufficient demand to maintain enrollment.
2) Ensure that the numbers, background and qualifications of the Subrecipient's staff
providing on -site services at all times are appropriate for the enrolled child population at
the center and meet at least the minimum standards established by the pertinent licensing
bodies.
3) Maintain program and financial records documenting the eligibility, attendance, provision
of services, and Subrecipient expenses relative to the children receiving services as a result
of assistance provided through the CDBG program.
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Such services to low and moderate - income persons shall be provided in accordance with the
Housing and Community Development Act of 1974, as amended (hereinafter called the Act).
The Subrecipient shall perform all activities in accordance with the terms of the Performance
Statement, hereinafter called Exhibit A; the Budget, hereinafter called Exhibit B; the Project
Implementation Schedule, hereinafter called Exhibit C; the Applicable Laws and Regulations,
hereinafter called Exhibit D; the Certifications, hereinafter called Exhibit E; the assurances,
certifications, and all other statements made by the Subrecipient in its application for the
project funded under this contract; and with all other terms, provisions, and requirements set
forth in this contract. It shall be Subrecipient's responsibility to 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.
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 submission of certified
attendance reports, income verification forms, invoices or other documentation
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approved by the City's Grants Management staff. This documentation 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 Two
Thousand and No /100 Dollars ($2,000.00).
SECTION 5. DISBURSEMENT OF FUNDS
A. City will reimburse only for budgeted items 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.
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.
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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
the records are retained by Subrecipient. Subrecipient agrees to maintain such records
in an accessible location.
C. All records pertinent to this contract shall be retained by Subrecipient for three years
following the date of termination of this contract or submission of the final close -out
report; whichever is later, with the following exceptions:
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 all litigation, claims or audit findings involving the records have been
resolved.
2. Records relating to real property acquisition or long -term lease shall be retained
for a period equal to the useful life of any repairs made with CDBG funds.
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SECTION 8. REPORTING REQUIREMENTS
A. Subrecipient shall submit to the City, a monthly report on the number and race of
students attending the After School Program unless the information is provided on the
reimbursement statement. The report will be due on the 15th of every month unless the
information is provided on the reimbursement statement. 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. Provide each Subrecipient with information on financial management;
3. Provide each Subrecipient with a copy of the monitoring guidelines
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is contracting with
Subrecipient as an Independent Contractor, and that Subrecipient, as such, agrees to hold City
harmless and to indemnify City from and against any and all claims, demands, and causes of
action of every kind and character which 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.
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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 of a 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 exercised
any functions or responsibilities with respect to activities assisted with funds provided under
this contract or (2) who is in a position to participate in a decision making process or gain
inside information with 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.
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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.
SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to enter
into this contract, receive funds authorized by this contract, and to perform the services
Subrecipient has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Subrecipient, or
representing themselves as signing and executing this contract on behalf of
Subrecipient, do hereby warrant and guarantee that he, she or they have been duly
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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 during the period of performance of this contract issue
policy directives which serve to establish, interpret, or clarify performance
requirements under this contract. Such policy directives shall be promulgated by the
City Manager when authorized by the 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
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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:
1. 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 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 all outstanding obligations.
The Subrecipient will be reimbursed for expenses incurred to the date of
termination provided grant funds are available.
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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.
B. Notwithstanding Subsection A of this Section 19, City reserves the right to conduct an
annual financial and compliance audit of funds received and performances rendered
under this contract. Subrecipient agrees to permit City or its authorized representative
to audit Subrecipient's records and to obtain any documents, materials, or information
necessary to facilitate such audit.
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C. Subrecipient understands and agrees that 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
project, required for City to meet its responsibilities for environmental review, decision
making, and other action which applies to City in accordance with and to the extent
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient
further understands and agrees that Subrecipient shall make all reasonable efforts to
assist City in handling inquiries and complaints from persons and agencies seeking
redress in relation to environmental reviews covered by approved certifications.
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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 right
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 funds remaining on hand
on the date of termination, and all accounts receivable attributable to the use of funds
received under this contract shall revert to City. Subrecipient shall return these assets
to City within seven (7) business days after the date of termination.
D. Displacement, Relocation, and Acquisition. Subrecipient must ensure that it will not
displace persons (families, business and non - profit organizations) as a result of a project
assisted with funds provided under this contract.
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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 Heritage Life Center
Mary E. Essex, Grants Program Administrator P. O. Box 5192
444 4th Street 821 Texas Avenue
Port Arthur, Texas 77640 Port Arthur, Texas 77640
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
Subrecipient shall comply with all Federal, State and local laws, statutes, ordinances, rules,
regulations, orders and decrees of any court or administrative body or tribunal related to the
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
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SECTION 28. EQUIPMENT
Equipment shall be used by the subgrantee in the program or project for which it was acquired
as long as needed, whether or not the project or program continues to be supported by Federal
funds. When no longer needed for the original program or project, the equipment may be used
in other activities currently or previously supported by a Federal agency.
Property records must be maintained that include a description of the property, a serial number
or other identification number, the source of property, who holds title, the acquisition date,
and cost of the property, percentage of Federal participation in the cost of the property, the
location, use and condition of the property, and any ultimate disposition data including the date
of disposal and sale price of the property.
A control system must be developed to ensure adequate safeguards to prevent loss, damage, or
theft of the property. Any loss, damage, or theft shall be investigated.
Adequate maintenance procedures must be developed to keep the property in good condition.
When the equipment is no longer needed, the subgrantee will request disposition instruction
from the City of Port Arthur.
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APPROVED IN FORM:
Val Tizeno, City Attorney
CITY OF PORT ARTHUR
Floyd T. Johnson, City Manager
ATTEST:
City Secretary
HERITAGE LIFE CENTER
Executive Director
Date
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EXHIBIT A
Performance Statement
Heritage Life Center
Subrecipient shall carry out the following activities identified in its 2013 CDBG application:
The Subrecipient shall operate an after - school program to be housed at 821 Texas Avenue,
Port Arthur, Texas. These funds will be used to enable approximately 5 students to participate
in various after - school activities, such as completing homework assignments, receiving help
with basic core skills, and participating in enrichment activities. The activities will last from
8:30 AM - 1:00 pm every Saturday, September - May.
CDBG funds will pay tuition at the rate of $30 per child to attend the tutoring program.
All requests for payment under this contract must be accompanied by attendance reports and
evidence of low- income status of each participant based on household income. Evidences of
household income shall include income verification forms or other means acceptable to the
City. At least 51% of after school participants must meet the low to moderate - income
requirement.
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LOW INCOME STATUS
Low- income status shall be the basis for CDBG assistance to children participating in the
Subrecipient's Latchkey and Day Camp programs and said low income shall be determined by
establishing the Gross Family Income of each assisted child's household. Said income status is
defined by the U. S. Department of Housing and Urban Development in its 2013 statistics for
the Beaumont -Port Arthur MSA and is represented as follows:
Upper Income
Family Size Limit
2 $35,000
3 $39,400
4 $43,750
5 $47,250
6 $50,750
7 $54,250
8 $57,750
9 or more family members add $2,200 per child.
Income, for the purpose of this contract, is defined as the income of the assisted child's
parent's or parent, legal guardian, and any other persons related by blood, marriage, or
operation of law who share the same dwelling unit. Gross Family Income shall be calculated
by including the total family income from all sources before taxes, including the income of the
parents participating in the program but excluding other household members who are minors
(under 18 years of age) or full time students.
ADMINISTRATION
Subrecipient shall utilize its own funds to carry out all project administration activities,
including the cost associated with the required annual program compliance and fiscal audit. It
is further understood that any costs above this contract amount incurred by the Subrecipient for
these activities shall be paid for with private or other funds.
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EXHIBIT B
Budget
Heritage Life Center
Activity Contract Other TOTAL
Funds Funds FUNDS
1) Tuition Reimbursement $ 2,000.00 $
2,000.00
TOTAL $ 2,000.00 $ 2,000.00
•
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EXHIBIT C
Project Implementation Schedule
Heritage Life Center
CONTRACT START DATE: CONTRACT ENDING DATE:
Youth Activities
Program 1 2 3 4 5 6 7 8 9 10 11 12
Prepare
Syllabus /Program X
School Year Activities X X X X X X X X X X
Special Activities X X X
General Administration X X X X X X X X X X X X
Final Report &
Close -out X
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EXHIBIT D
The Applicable Laws and Regulations
Subrecipient shall comply with all federal, state, and local laws and regulations applicable to
the activities and performances rendered by Subrecipient under this contract including, but not
limited to, the laws and regulations specified in Section I through IV of this Exhibit D.
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.
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The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.);
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and
"Nondiscrimination Based on Handicap in Federally- Assisted Programs and Activities
of the Department of Housing and Urban Development ", 24 CFR, Part 8. By signing
this contract, Contractor understands and agrees that the activities funded herein shall
be operated in accordance with 24 CFR, Part 8; and the Architectural Barriers Act of
1968 (42 U.S.C., Section 4151 et. seq.), including the use of a telecommunications
device for deaf persons (TDDs) or equally effective communication system.
II. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
24 CFR Part 51, Environmental Criteria and Standards.
22
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:
Executive Director
Heritage Life Center
Date
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ATTACHMENT 14
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 Tender Loving Care Center for
Children dba Legacy Community Development Corporation., 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 Legacy Community Development
Corporation (Legacy CDC) was created to a provide services that will assist families in
addressing barriers to self - sufficiency. Our mission is to foster family stability through the
provision of housing and counseling services.
The parent organization, Tender Loving Care Center for Children (TLCCC)
was founded in December, 2006 to provide low to moderate income parents with guidance and
parenting skills to reduce the incidence of child abuse; and,
WHEREAS, the U. S. Department of Housing and Urban Development (HUD)
has awarded funding to the City in the amount of $1,074,229 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant "); and,
WHEREAS, by the adoption of Resolution 13 -323 (authorizing submission of a
39th Year Community .Development Block Grant Application) the City has obligated itself to
provide financial assistance to Tender Loving Care Center for Children dba Legacy
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Community Development Corporation to provide homeownership classes, through a contract
with the Subrecipient; and,
WHEREAS, under the terms of the grant the City must ensure that all
applicable federal requirements are met concerning the disbursement of funds to the
Subrecipient; and,
WHEREAS, projects undertaken by the Subrecipient 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;
Now, Therefore, The Parties hereto do mutually agree as follows:
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on , 2013 and shall
terminate on , 2014, unless otherwise specifically provided by the terms
of this contract.
SECTION 3. SUBRECIPIENT' S PERFORMANCE
Tender Loving Care Center for Children dba Legacy Community Development Corporation
shall conduct homebuyer's education classes to assist low to moderate - income families with
homeownership.
Grants will be used to pay tuition expenses for eligible families at the rate of $75 per person.
Such services to low and moderate income persons shall be provided in accordance with the
Housing and Community Development Act of 1974, as amended (hereinafter called the Act).
The Subrecipient shall perform all activities in accordance with the terms of the Performance
Statement, hereinafter called Exhibit A; the Budget, hereinafter called Exhibit B; the Project
Implementation Schedule, hereinafter called Exhibit C; the Applicable Laws and Regulations,
hereinafter called Exhibit D; the Certifications, hereinafter called Exhibit E; the assurances,
certifications, and all other statements made by the Subrecipient in its application for the
project funded under this contract; and with all other terms, provisions, and requirements set
forth in this contract. It shall be Subrecipient's responsibility to furnish its own accounting
services including clerical, statistical, bookkeeping for expenditures made by Subrecipient in
performance of the obligations herein.
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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.
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 income
verification forms and time sheets or other evidences approved by City's Grants
Management staff. This documentation 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.
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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
Two Thousand and No /100 Dollars ($2,000.00).
SECTION 5. DISBURSEMENT OF FUNDS
A. City will cover the cost 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.
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.
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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 the records are retained by Subrecipient. Subrecipient agrees to maintain
such records in an accessible location.
C. All records pertinent to this contract shall be retained by Subrecipient for three years
following the date of termination of this contract or submission of the final close -out
report, whichever is later, with the following exceptions:
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 all litigation, claims or audit findings involving the records have been
resolved.
2. Records relating to real property acquisition or long -term lease shall be retained
for a period equal to the useful life of any repairs made with CDBG funds.
SECTION 8. REPORTING REQUIREMENTS
A. Subrecipient shall submit to the City, a monthly report on the number of Port Arthur
residents enrolled in the homebuyer's education classes by race unless information is
provided on reimbursement statement. The report will be due on the 15 of every
month. A report on the number of students that are employed, as a result of the
training classes will be required quarterly. 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.
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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. Provide each Subrecipient with information on financial management;
4. Provide each Subrecipient with a copy of the monitoring guidelines
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is contracting with
Subrecipient as an Independent Contractor, and that Subrecipient, as such, agrees to hold City
harmless and to indemnify City from and against any and all claims, demands, and causes of
action of every kind and character which 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.
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 of a subcontractor's eligibility, be
construed as relieving Subrecipient of the responsibility for ensuring that the
6
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 exercised
any functions or responsibilities with respect to activities assisted with funds provided under
this contract or (2) who is in a position to participate in a decision making process or gain
inside information with 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,
7
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.
SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to
enter into this contract, receive funds authorized by this contract, and to
perform the services Subrecipient has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Subrecipient, or
representing themselves as signing and executing this contract on behalf of
Subrecipient, do hereby warrant and guarantee that he, she or they have been duly
authorized by Subrecipient to execute this contract on behalf of Subrecipient and to
validly and legally bind Subrecipient to all terms, performances, and provisions herein
set forth.
C. Subrecipient shall not employ, 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.
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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 during the period of performance of this contract issue
policy directives which serve to establish, interpret, or clarify performance
requirements under this contract. Such policy directives shall be promulgated by the
City Manager when authorized by the City Council of Port Arthur in the foiui 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
9
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:
1. 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 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 all 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;
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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 nine (9) months 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.
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.
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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.
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
project, required for City to meet its responsibilities for environmental review, decision
making, and other action which applies to City in accordance with and to the extent
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient
further understands and agrees that Subrecipient shall make all reasonable efforts to
assist City in handling inquiries and complaints from persons and agencies seeking
redress in relation to environmental reviews covered by approved certifications.
SECTION 21. LABOR STANDARDS
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.
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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 right
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 funds remaining on hand
on the date of termination, all equipment that was purchased with CDBG funds, and all
accounts receivable attributable to the use of funds received under this contract shall
revert to the City. Subrecipient shall return these assets to the 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.
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•
SECTION 25. ADDRESS OF NOTICE AND COMMUNICATIONS
City of Port Arthur Tender Loving Care Center for Children dba
Mary E. Essex, Grants Program Adm. Legacy Community Development Corporation
444 4 Street Vivian L. Ballou, Executive Director
Port Arthur, Texas 77640 P.O. Box 194
Port Arthur, TX 77641
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
Subrecipient shall comply with all Federal, State and local laws, statutes, ordinances, rules,
regulations, orders and decrees of any court or administrative body or tribunal related to the
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
SECTION 28. EQUIPMENT
Equipment shall be used by the subgrantee in the program or project for which it was acquired
as long as needed, whether or not the project or program continues to be supported by Federal
funds. When no longer needed for the original program or project, the equipment may be used
in other activities currently or previously supported by a Federal agency.
Property records must be maintained that include a description of the property, a serial number
or other identification number, the source of property, who holds title, the acquisition date,
and cost of the property, percentage of Federal participation in the cost of the property, the
location, use and condition of the property, and any ultimate disposition data including the date
of disposal and sale price of the property.
A control system must be developed to ensure adequate safeguards to prevent loss, damage, or
theft of the property. Any loss, damage, or theft shall be investigated.
Adequate maintenance procedures must be developed to keep the property in good condition.
When the equipment is no longer needed, the subgrantee will request disposition instruction
from the City of Port Arthur.
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APPROVED IN FORM:
Val Tizeno, City Attorney
CITY OF PORT ARTHUR
Floyd T. Johnson, City Manager
ATTEST:
Tender Loving Care Center for Children
dba Legacy Community Development
Center
City Secretary Director
Date
15
EXHIBIT A
Performance Statement
Legacy Community Development Corporation
Subrecipient shall carry out the following activities identified in its 2013 CDBG Application:
Tender Loving Care Center for Children dba Legacy Community Development Corporation
shall conduct homebuyer's education classes to assist low to moderate - income families with
homeownership.
Grant funds will be used to purchase a computer and laptop, printer, projector, office furniture
and file cabinet. Grant funds will also reimburse at the rate of $75 per hour for approximately
40 persons to attend homebuyer's education courses.
Subrecipient shall utilize Two Thousand and No /100 Dollars ($2,000.00) of contract funds to
complete its activities.
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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LOW INCOME STATUS
Low income status shall be the basis for CDBG assistance to children participating in the
Subrecipient's program and said low income shall be deteunined by establishing the Gross
Family Income of each assisted child's household. Said income status is defined by the U.S.
Department of Housing and Urban Development in its 2013 statistics for the Beaumont -Port
Arthur MSA and is represented as follows:
Upper Income
Family Size Limit
2 $35,000
3 $39,400
4 $43,750
5 $47,250
6 $50,750
7 $54,250
8 $57,750
9 or more family members add $2,200 per child.
Income, for the purpose of this contract, is defined as the income of the assisted child's parent's
or parent, legal guardian, and any other persons related by blood, marriage, or operation of law
who share the same dwelling unit. Gross Family Income shall be calculated by including the
total family income from all sources before taxes, including the income of the parents
participating in the program but excluding other household members who are minors (under 18
years of age) or full time students.
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EXHIBIT B
Budget
Legacy Community Development Corporation
Activity Contract Other TOTAL
Funds Funds FUNDS
1. Counseling Services $2,000.00 $0.00 $2,000.00
Total Budget $2,000.00 $0.00 $2,000.00
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EXHIBIT C
Project Implementation Schedule
Legacy Community Development Corporation
CONTRACT START DATE: CONTRACT ENDING DATE:
IMPLEMENTATION SCHEDULE
MONTHS
Activities 1 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.
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
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Contractor /Subcontractor will be required to identify contracts which have been bid by
minority owned, women owned, and /or small disadvantaged businesses.
The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.);
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and
"Nondiscrimination Based on Handicap in Federally- Assisted Programs and Activities
of the Department of Housing and Urban Development", 24 CFR, Part 8. By signing
this contract, Contractor understands and agrees that the activities funded herein shall
be operated in accordance with 24 CFR, Part 8; and the Architectural Barriers Act of
1968 (42 U.S.C., Section 4151 et. seq.), including the use of a telecommunications
device for deaf persons (TDDs) or equally effective communication system.
II. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
24 CFR Part 51, Environmental Criteria and Standards.
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EXHIBIT E
Certification Regarding Lobbying for
Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his knowledge and belief, that:
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:
Director
Tender Loving Care dba Legacy Community Dev. Corp.
Date
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ATTACHMENT 15
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 Lifesaver Ministry Program,
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 that
provides tutoring for students in the Carver Terrance Community; and;
WHEREAS, the U.S. Department of Housing and Urban Development (HUD)
has awarded funding to the City in the amount of $1,074,229 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant "); and,
WHEREAS, by the adoption of Resolution 13 -323 (authorizing submission of a
39t Year Community Development Block Grant Application) the City has obligated itself to
provide financial assistance to Lifesaver Ministry Program to provide volunteers to assist youth
to improve their academic, social, life skills, through a contract with the Subrecipient; and,
WHEREAS, under the terms of the grant the City must ensure that all
applicable federal requirements are met concerning the disbursement of funds to the
Subrecipient; and,
WHEREAS, projects undertaken by the Subrecipient pursuant to this contract
must principally be of direct benefit to low and moderate income persons as has been
1
determined by the parties and as established under the guidelines of the Housing and
Community Development Act of 1974, as amended;
Now, Therefore, The Parties hereto do mutually agree as follows:
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on , 2013 and shall
terminate on , 2014, unless otherwise specifically provided by the terms
of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
Lifesaver Ministry will provide an after school program committed to work with youth on
improving their academic, social, and life skills, for school -aged students who live in the
Carver Terrace Community, for approximately 25 youth at least 5 -18 years of age. The
Lifesaver Ministry volunteers will arrive on site at the Carver Terrace location at 3:00 p.m.
and remain at the site until 6:30 p.m. for the `Fun Mondays' after school program. Lifesaver
Ministry will also conduct summer activities for the children living at Carver Terrace. Students
are required to be enrolled in a public, private, or home school program. All participants must
have parent /guardian written permission prior to registration for the program.
The summer and after school programs provide youth residents with a safe and structured
atmosphere for learning development, with a strong academic focus, yet incorporates
opportunities for youth to have fun and gain new experiences. Program components include:
arts & crafts, nutritious meals, computer -based academic tutorials, recreational activities, life
skills training, and homework assistance.
Community Development Block Grant funds will pay tuition for children to attend after school
and summer programs. Tuition is set at $31.56 per youth per month.
Such services to low and moderate income persons shall be provided in accordance with the
Housing and Community Development Act of 1974, as amended (hereinafter called the Act).
The Subrecipient shall perform all activities in accordance with the terms of the Performance
Statement, hereinafter called Exhibit A; the Budget, hereinafter called Exhibit B; the Project
Implementation Schedule, hereinafter called Exhibit C; the Applicable Laws and Regulations,
hereinafter called Exhibit D; the Certifications, hereinafter called Exhibit E; the assurances,
certifications, and all other statements made by the Subrecipient in its application for the
project funded under this contract; and with all other terms, provisions, and requirements set
forth in this contract. It shall be Subrecipient's responsibility to furnish its own accounting
services including clerical, statistical, bookkeeping for expenditures made by Subrecipient in
performance of the obligations herein.
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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.
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 cancelled checks
and timesheets 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.
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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 tuition expenses, attendance rolls and income verification
forms are required with reimbursement request. 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.
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.
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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
the records are retained by Subrecipient. Subrecipient agrees to maintain such records
in an accessible location.
C. All records pertinent to this contract shall be retained by Subrecipient for three years
following the date of termination of this contract or submission of the final close -out
report, whichever is later, with the following exceptions:
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 all litigation, claims or audit findings involving the records have been
resolved.
2. Records relating to real property acquisition or long -term lease shall be retained
for a period equal to the useful life of any repairs made with CDBG funds.
SECTION 8. REPORTING REQUIREMENTS
A. Subrecipient shall submit to the City, a monthly report on the number of students that
participate in the after school and summer programs. Income verification forms will be
required for each student. The reports will be due on the 15 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.
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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
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is contracting with
Subrecipient as an Independent Contractor, and that Subrecipient, as such, agrees to hold City
harmless and to indemnify City from and against any and all claims, demands, and causes of
action of every kind and character which 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.
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).
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B. In no event shall any provision of this Section 11, specifically the requirement that
Subrecipient obtain City's prior written approval of a subcontractor's eligibility, be
construed as relieving Subrecipient of the responsibility for ensuring that the
performances rendered under all subcontracts 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 procurements 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 exercised
any functions or responsibilities with respect to activities assisted with funds provided under
this contract or (2) who is in a position to participate in a decision making process or gain
inside information with 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
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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.
SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to enter
into this contract, receive funds authorized by this contract, and to perform the services
Subrecipient has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Subrecipient, or
representing themselves as signing and executing this contract on behalf of
Subrecipient, do hereby warrant and guarantee that he, she or they have been duly
authorized by Subrecipient to execute this contract on behalf of Subrecipient and to
validly and legally bind Subrecipient to all terms, performances, and provisions herein
set forth.
C. Subrecipient shall not employ, 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
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•
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 during the period of performance of this contract issue
policy directives which serve to establish, interpret, or clarify performance
requirements under this contract. Such policy directives shall be promulgated by the
City Manager when authorized by the 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.
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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:
1. 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 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 all 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;
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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 nine (9) months 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.
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.
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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.
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
project, required for City to meet its responsibilities for environmental review, decision
making, and other action which applies to City in accordance with and to the extent
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient
further understands and agrees that Subrecipient shall make all reasonable efforts to
assist City in handling inquiries and complaints from persons and agencies seeking
redress in relation to environmental reviews covered by approved certifications.
SECTION 21. LABOR STANDARDS
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;
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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 right
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 funds remaining on hand
on the date of termination, and all accounts receivable attributable to the use of funds
received under this contract shall revert to City. Subrecipient shall return these assets
to City within seven (7) business days after the date of termination.
D. Displacement, Relocation, and Acquisition. Subrecipient must ensure that it will not
displace persons (families, business and non - profit organizations) as a result of a project
assisted with funds provided under this contract.
SECTION 23. ORAL AND WRITTEN CONTRACTS
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
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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 Lifesaver Ministry
444 4` Street Terri Prescott
Port Arthur, Texas 77640 P.O.Box 2351
Attention: Mary E. Essex Port Arthur, Texas 77640
Grants Program Administrator
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
Subrecipient shall comply with all Federal, State and local laws, statutes, ordinances, rules,
regulations, orders and decrees of any court or administrative body or tribunal related to the
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
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APPROVED IN FORM:
Val Tizeno, City Attorney
CITY OF PORT ARTHUR
Floyd T. Johnson, City Manager
ATTEST:
Sherri Bellard, City Secretary
LIFESAVER MINISTRY
Executive Director
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EXHIBIT A
Performance Statement
Lifesaver Ministry
Subrecipient shall carry out the following activities identified in its 2013 CDBG Application:
Lifesaver Ministry will provide an after school program committed to work with youth on
improving their academic, social, and life skills, for school -aged students who live in the
Carver Terrace Community, for approximately 25 youth at least 5 -18 years of age. The
Lifesaver Ministry volunteers will arrive on site at the Carver Terrace location at 3:00 p.m.
and remain at the site until 6:30 p.m. for the `Fun Mondays' after school program. Lifesaver
Ministry will also conduct summer activities for the children living at Carver Terrace. Students
are required to be enrolled in a public, private, or home school program. All participants must
have parent /guardian written permission prior to registration for the program.
The summer and after school programs provide youth residents with a safe and structured
atmosphere for learning development, with a strong academic focus, yet incorporates
opportunities for youth to have fun and gain new experiences. Program components include:
arts & crafts, nutritious meals, computer -based academic tutorials, recreational activities, life
skills training, and homework assistance.
Community Development Block Grant funds will pay tuition for children to attend after school
and summer programs. Tuition is set at $31.56 per youth per month.
Such services to low and moderate income persons shall be provided in accordance with the
Housing and Community Development Act of 1974, as amended (hereinafter called the Act).
The Subrecipient shall perform all activities in accordance with the terms of the Performance
Statement, hereinafter called Exhibit A; the Budget, hereinafter called Exhibit B; the Project
Implementation Schedule, hereinafter called Exhibit C; the Applicable Laws and Regulations,
hereinafter called Exhibit D; the Certifications, hereinafter called Exhibit E; the assurances,
certifications, and all other statements made by the Subrecipient in its application for the
project funded under this contract; and with all other terms, provisions, and requirements set
forth in this contract. It shall be Subrecipient's responsibility to furnish its own accounting
services including clerical, statistical, bookkeeping for expenditures made by Subrecipient in
performance of the obligations herein.
Funds shall be disbursed to Subrecipient on a periodic basis, with such periods not to exceed
quarterly. Subrecipient shall utilize Three Thousand Dollars and No /100 ($3,000.00)
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ADMINISTRATION
Subrecipient shall utilize its own funds to carry out all project administration activities,
including the cost associated with the required annual program compliance and fiscal audit. It
is further understood that any costs above this contract amount incurred by the Subrecipient for
these activities shall be paid for with private or other funds.
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EXHIBIT B
Budget
Lifesaver Ministry
Activity Contract In -Kind TOTAL
Funds Funds
FUNDS
1) Tuition $ 3,000.00 $ 0.00 $ 3,000.00
TOTAL FUNDS $ 3,000.00 $ 0.00 $ 3,000.00
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EXHIBIT C
Project Implementation Schedule
Lifesaver Ministry
CONTRACT START DATE: CONTRACT ENDING DATE:
Youth Activities
Program 1 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.
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.
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The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.);
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and
"Nondiscrimination Based on Handicap in Federally- Assisted Programs and Activities
of the Department of Housing and Urban Development ", 24 CFR, Part 8. By signing
this contract, Contractor understands and agrees that the activities funded herein shall
be operated in accordance with 24 CFR, Part 8; and the Architectural Barriers Act of
1968 (42 U.S.C., Section 4151 et. seq.), including the use of a telecommunications
device for deaf persons (TDDs) or equally effective communication system.
II. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
24 CFR Part 51, Environmental Criteria and Standards.
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EXHIBIT E
Certification Regarding Lobbying for
Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his knowledge and belief, that:
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:
Director
Date
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ATTACHMENT 16
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 Jefferson County Adult Day Center
(JCADA), 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 adult day
center 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 $1,074,229 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant "); and,
WHEREAS, by the adoption of Resolution 13 -323 (authorizing submission of a
39th Year Community Development Block Grant Application) the City has obligated itself to
provide financial assistance to the Jefferson County Adult Day Center (JCADA), to assist with
the cost of leasing building and/or transportation costs; 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;
Now, Therefore, The Parties hereto do mutually agree as follows:
1
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on , 2013 and shall
terminate on , 2014, unless otherwise specifically provided by the terms
of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
The Jefferson County Adult Day Center (JCADC) shall use grant funds to assist with
transportation costs for eligible clients. The JCADC will maintain a transportation fuel log that
documents such information as name of client, location transported to and from, date of
transport, reason, and the beginning and ending odometer reading. CDBG funds will reimburse
at the rate of .565 cents per mile for eligible transportation activities, such as doctor visits, and
commuting the client to and from home, and to the JCADC facility at 603 5 street. Eligible
clients must meet HUD's income qualifications. The facility is open Monday through Friday
from 7:30 am to 5:30 p.m. JCADC provides supervision and health services for seniors and
adults 18 years and older who have physical or mental impairment, those who are socially
isolated, require personal assistance, or require assistance with any medical condition. The
participants in the program range in age from 45 to 99 years and are referred by home health
agencies, hospital discharge planners, physicians, social services, and family members. JCADC
currently serves an average of 45 disabled and elderly individuals each month. JCADC is
licensed by the State of Texas, to provide adult day care services for up to 60 adults. 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
2
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.
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,
transportation log from Subrecipient 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 transportation expenses 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
3
this contract in the event that Subrecipient has been unable to commit funds before the
end of this contract period.
C. It is expressly understood and agreed by the parties hereto that any right or remedy
provided for in this Section 5 or in any other provision of this contract shall not preclude
the exercise of any other right or remedy under this contract or under any provision of
law, nor shall any action taken in the exercise of any right or remedy be deemed a waiver
of any other rights or remedies. Failure to exercise any right or remedy hereunder shall
not constitute a waiver of the right to exercise that or any other right or remedy at any
time.
SECTION 6. UNIFORM ADMINISTRATIVE REQUIREMENTS,
COST PRINCIPLES, AND PROGRAM INCOME
A. Subrecipient shall maintain records of the receipt, accrual, and disposition of all program
income in the same manner as required for all other funds under this contract.
Subrecipient shall provide reports of program income as requested by City and at the
termination of this contract.
B. Subrecipient shall return to City, upon 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:
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
4
until all litigation, claims or audit findings involving the records have been
resolved.
2. Records relating to real property acquisition or long -term lease shall be retained
for a period equal to the useful life of any repairs made with CDBG funds.
SECTION 8. REPORTING REQUIREMENTS
A. Subrecipient shall submit to City monthly reports on the number and race of each resident
along with a transportation log. The reports will be due on the 15 of every month unless
documentation is provided on reimbursement request. 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
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is contracting with
Subrecipient as an Independent Contractor, and that Subrecipient, as such, agrees to hold City
5
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 of a 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 exercised
any functions or responsibilities with respect to activities assisted with funds provided under this
contract or (2) who is in a position to participate in a decision making process or gain inside
information with 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.
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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.
SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to enter
into this contract, receive funds authorized by this contract, and to perform the services
Subrecipient has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Subrecipient, or
representing themselves as signing and executing this contract on behalf of Subrecipient,
do hereby warrant and guarantee that he, she or they have been duly authorized by
Subrecipient to execute this contract on behalf of Subrecipient and to validly and legally
bind Subrecipient to all terms, performances, and provisions herein set forth.
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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
during the period of performance of this contract issue policy directives which serve to
establish, interpret, or clarify performance requirements under this contract. Such policy
directives shall be promulgated by the City Manager when authorized by the City
Council of Port Arthur in the form of CDBG issuances shall have the effect of qualifying
the tenns 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.
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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:
1. 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
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 all 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
9
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.
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.
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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.
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
project, required for City to meet its responsibilities for environmental review, decision
making, and other action which applies to City in accordance with and to the extent
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient further
understands and agrees that Subrecipient shall make all reasonable efforts to assist City in
handling inquiries and complaints from persons and agencies seeking redress in relation
to environmental reviews covered by approved certifications.
SECTION 21. LABOR STANDARDS
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.
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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 teimination 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
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.
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SECTION 25. ADDRESS OF NOTICE AND COMMUNICATIONS
City of Port Arthur Jefferson County Adult Day Center
Mary Essex, Grants Program Administrator Schwanna Johnson, President
444 4th Street 605 5 Street
Port Arthur, Texas 77640 Port Arthur, Texas 77640
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
Subrecipient shall comply with all Federal, State and local laws, statutes, ordinances, rules,
regulations, orders and decrees of any court or administrative body or tribunal related to the
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
APPROVED IN FORM:
Val Tizeno, City Attorney
ATTEST:
Sherri Bellard, City Secretary
CITY OF PORT ARTHUR Jefferson County Adult Day Center
Floyd T. Johnson, City Manager Director
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EXHIBIT A
Performance Statement
Jefferson County Adult Day Center
Subrecipient shall carry out the following activities identified in its 2013 CDBG Application:
The Jefferson County Adult Day Center (JCADC) shall use grant funds to assist with
transportation costs for eligible clients. The JCADC will maintain a transportation fuel log that
documents such information as name of client, location transported to and from, date of
transport, reason, and the beginning and ending odometer reading. CDBG funds will reimburse
at the rate of .55 cents per mile for eligible transportation activities, such as doctor visits, and
commuting the client to and from home, and to the JCADC facility at 603 5 street. Eligible
clients must meet HUD's income qualifications. The facility is open Monday through Friday
from 7:30 am to 5:30 p.m. JCADC provides supervision and health services for seniors and
adults 18 years and older who have physical or mental impairment, those who are socially
isolated, require personal assistance, or require assistance with any medical condition. The
participants in the program range in age from 45 to 99 years and are referred by home health
agencies, hospital discharge planners, physicians, social services, and family members. JCADC
currently serves an average of 45 disabled and elderly individuals each month. JCADC is
licensed by the State of Texas, to provide adult day care services for up to 60 adults. 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.
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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EXHIBIT B
Budget
Jefferson County Adult Day Center
Activity Contract Other TOTAL
Funds Funds FUNDS
1. Transportation $3,000.00 $0.00 $3,000.00
(At the rate of .565 cent per mile)
TOTAL FUNDS $3,000.00 $0.00 $3,000.00
15
EXHIBIT C
Project Implementation Schedule
Jefferson County Adult Day Center
CONTRACT START DATE: CONTRACT ENDING DATE:
Activities Program 1 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.
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.);
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and
"Nondiscrimination Based on Handicap in Federally- Assisted Programs and Activities of
the Department of Housing and Urban Development ", 24 CFR, Part 8. By signing this
17
contract, Contractor understands and agrees that the activities funded herein shall be
operated in accordance with 24 CFR, Part 8; and the Architectural Barriers Act of 1968
(42 U.S.C., Section 4151 et. seq.), including the use of a telecommunications device for
deaf persons (TDDs) or equally effective communication system.
II. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
24 CFR Part 51, Environmental Criteria and Standards.
18
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:
Schwanna Johnson, President
Date
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ATTACHMENT 17
•
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 Triangle Aids Network (TAN),
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 tax - exempt, non - profit,
community service organization created in 1987 by concerned citizens in response to the
growing health crisis of Acquired Immune Deficiency Syndrome (AIDS); and,
WHEREAS, the U. S. Department of Housing and Urban Development (HUD)
has awarded funding to the City in the amount of $1,074,229 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant "); and,
WHEREAS, by the adoption of Resolution 13 -323 (authorizing submission of a
39th Year Community Development Block Grant Application) the City has obligated itself to
provide financial assistance to Triangle Aids Network program, through a contract with the
Subrecipient; and,
WHEREAS, under the terms of the grant the City must ensure that all
applicable federal requirements are met concerning the disbursement of funds to the
Subrecipient; and,
1
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;
Now, Therefore, The Parties hereto do mutually agree as follows:
SECTION 2. CONTRACT PERIOD
This contract and agreement shall commence on , 2013 and shall terminate
on , 2014, unless otherwise specifically provided by the terms of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
It is the mission of the Triangle AIDS Network, Inc. (TAN) TO EDUCATE,ASSIST, AND
SERVE the residents of Jefferson, Orange, and Hardin counties in Texas. TAN is committed
to providing accurate information about HIV /AIDS disease; support those infected and affected
with HIV/ AIDS through educational, medical, social, and psychological services; and prevent
the spread of HIV /AIDS disease. While committed to ending the epidemic, TAN will
endeavor to respond to the unmet and changing needs that arise with love, care, and
compassion, so that HIV /AIDS is no longer as threat to our community.
CDBG funds will pay the salary for the Medical Case Manager that assist residents from Port
Arthur. Such services to low and moderate income persons shall be provided in accordance
with the Housing and Community Development Act of 1974, as amended (hereinafter called
the Act). The Subrecipient shall perform all activities in accordance with the terms of the
Performance Statement, hereinafter called Exhibit A; the Budget, hereinafter called Exhibit B;
the Project Implementation Schedule, hereinafter called Exhibit C; the Applicable Laws and
Regulations, hereinafter called Exhibit D; the Certifications, hereinafter called Exhibit E; the
assurances, certifications, and all other statements made by the Subrecipient in its application
for the project funded under this contract; and with all other terms, provisions, and
requirements set forth in this contract. It shall be Subrecipient's responsibility to 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.
2
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.
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 signed time sheets and
canceled payroll checks for the Case Manger or other evidences approved by
City's Grants Management staff. This documentation 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 and No /100 Dollars ($3,000.00).
3
SECTION 5. DISBURSEMENT OF FUNDS
A. City will reimburse for the Case Manager's Salary. Time sheets must be submitted and
signed by Case Manager and supervisor along with cancelled payroll checks for the
Case Manager. 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.
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.
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B. Subrecipient shall give the City, the Comptroller of the United States, or any of their
duly authorized representatives, access to and the right to examine all books accounts,
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 the records are retained by Subrecipient. Subrecipient agrees to maintain
such records in an accessible location.
C. All records pertinent to this contract shall be retained by Subrecipient for three years
following the date of termination of this contract or submission of the final close -out
report, whichever is later, with the following exceptions:
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 all litigation, claims or audit findings involving the records have been
resolved.
2. Records relating to real property acquisition or long -term lease shall be retained
for a period equal to the useful life of any repairs made with CDBG funds.
SECTION 8. REPORTING REQUIREMENTS
A. Subrecipient shall submit to the City, a monthly report on the number of Port Arthur
residents that participated in the program including income verification form and race
for each participate. The information must be included with reimbursement or before
grant funding is disbursed. 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
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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. Provide each Subrecipient with information on financial management;
3. Provide each Subrecipient with a copy of the monitoring guidelines
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is contracting with
Subrecipient as an Independent Contractor, and that Subrecipient, as such, agrees to hold City
harmless and to indemnify City from and against any and all claims, demands, and causes of
action of every kind and character which 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.
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 of a 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
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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 exercised
any functions or responsibilities with respect to activities assisted with funds provided under
this contract or (2) who is in a position to participate in a decision making process or gain
inside information with 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
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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.
SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to
enter into this contract, receive funds authorized by this contract, and to
perform the services Subrecipient has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Subrecipient, or
representing themselves as signing and executing this contract on behalf of
Subrecipient, do hereby warrant and guarantee that he, she or they have been duly
authorized by Subrecipient to execute this contract on behalf of Subrecipient and to
validly and legally bind Subrecipient to all terms, performances, and provisions herein
set forth.
C. Subrecipient shall not employ, 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.
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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 during the period of performance of this contract issue
policy directives which serve to establish, interpret, or clarify performance
requirements under this contract. Such policy directives shall be promulgated by the
City Manager when authorized by the 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:
1. Temporarily withhold cash payments pending correction of the deficiency by
Subrecipient or take more severe enforcement action against Subrecipient.
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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 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 all 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;
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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 nine (9) months 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.
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.
All audits will be received by the City's financial department.
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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
project, required for City to meet its responsibilities for environmental review, decision
making, and other action which applies to City in accordance with and to the extent
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient
further understands and agrees that Subrecipient shall make all reasonable efforts to
assist City in handling inquiries and complaints from persons and agencies seeking
redress in relation to environmental reviews covered by approved certifications.
SECTION 21. LABOR STANDARDS
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
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funds provided under this contract. City shall specify the content and form of such
certification.
B. Repayment. Subrecipient agrees that all repayments, including all interest and other
return on the investment of CDBG funds will be made to City. City reserves the right
to permit Subrecipient to retain interest or return on investment of CDBG funds for
additional eligible activities by the Subrecipient.
C. Reversion of Assets. Upon termination of this Contract, all funds remaining on hand
on the date of termination, all equipment that was purchased with CDBG funds, and all
accounts receivable attributable to the use of funds received under this contract shall
revert to the City. Subrecipient shall return these assets to the 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 Triangle Aids Network
Mary E. Essex, Grants Program Administrator Peg Gibson
444 4th Street PO Box 12279
Port Arthur, Texas 77640 Beaumont, TX 77707
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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
Subrecipient shall comply with all Federal, State and local laws, statutes, ordinances, rules,
regulations, orders and decrees of any court or administrative body or tribunal related to the
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
SECTION 28. EQUIPMENT
Equipment shall be used by the subgrantee in the program or project for which it was acquired
as long as needed, whether or not the project or program continues to be supported by Federal
funds. When no longer needed for the original program or project, the equipment may be used
in other activities currently or previously supported by a Federal agency.
Property records must be maintained that include a description of the property, a serial number
or other identification number, the source of property, who holds title, the acquisition date,
and cost of the property, percentage of Federal participation in the cost of the property, the
location, use and condition of the property, and any ultimate disposition data including the date
of disposal and sale price of the property.
A control system must be developed to ensure adequate safeguards to prevent loss, damage, or
theft of the property. Any loss, damage, or theft shall be investigated.
Adequate maintenance procedures must be developed to keep the property in good condition.
When the equipment is no longer needed, the subgrantee will request disposition instruction
from the City of Port Arthur.
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APPROVED IN FORM:
Val Tizeno, City Attorney
CITY OF PORT ARTHUR
Floyd T. Johnson, City Manager
ATTEST:
Triangle Aids Network
City Secretary Peg Gibson,
Executive Director
Date
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EXHIBIT A
Performance Statement
Triangle Aids Network
Subrecipient shall carry out the following activities identified in its 2013 CDBG Application:
It is the mission of the Triangle AIDS Network, Inc. (TAN) TO EDUCATE,ASSIST, AND
SERVE the residents of Jefferson, Orange, and Hardin counties in Texas. TAN is committed
to providing accurate information about HIV /AIDS disease; support those infected and affected
with HIV/ AIDS through educational, medical, social, and psychological services; and prevent
the spread of HIV /AIDS disease. While committed to ending the epidemic, TAN will
endeavor to respond to the unmet and changing needs that arise with love, care, and
,compassion, so
that HIV /AIDS is no longer as threat to our community.
CDBG funds will pay the salary for the Medical Case Manager that assist residents from Port
Arthur.
Funds shall be disbursed to Subrecipient on a periodic basis, with such periods not to exceed
quarterly. Said periodic disbursements shall be based upon the Subrecipient's disbursement
request. Subrecipient shall be paid solely from Community Development Block Grant Funds.
Subrecipient shall utilize Three Thousand and No /100 Dollars ($3,000.00) of contract funds to
complete its activities.
Administration
Subrecipient shall utilize its own funds to carry out all project administration activities,
including the cost associated with the required annual program compliance and fiscal audit. It
is further understood that any costs above this contract amount incurred by the Subrecipient for
these activities shall be paid for with private or other funds.
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EXHIBIT B
Budget
Triangle Aids Network
Activity Contract Other TOTAL
Funds Funds FUNDS
1. Case Manager $3,000.00 $0.00 $3,000.00
Total Budget $3,000.00 $0.00 $3,000.00
17
EXHIBIT C
Project Implementation Schedule
Triangle Aids Network
CONTRACT START DATE: CONTRACT ENDING DATE:
IMPLEMENTATION SCHEDULE
MONTHS
Activities 1 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
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Contractor /Subcontractor will be required to identify contracts which have been bid by
minority owned, women owned, and /or small disadvantaged businesses.
The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.);
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and
"Nondiscrimination Based on Handicap in Federally- Assisted Programs and Activities
of the Department of Housing and Urban Development ", 24 CFR, Part 8. By signing
this contract, Contractor understands and agrees that the activities funded herein shall
be operated in accordance with 24 CFR, Part 8; and the Architectural Barriers Act of
1968 (42 U.S.C., Section 4151 et. seq.), including the use of a telecommunications
device for deaf persons (TDDs) or equally effective communication system.
II. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12, 1982);
24 CFR Part 51, Environmental Criteria and Standards.
20
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:
Director
Triangle Aids Network
Date
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ATTACHMENT 18
1.
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 the Texas Recyclers Association,
Inc., Jefferson County, Texas (hereinafter called "Subrecipient ") acting herein by its Executive
Director, duly authorized by a 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 to
promote a recycling and waste reduction program in the community; and,
WHEREAS, the U.S. Department of Housing and Urban Development (HUD)
has awarded funding to the City in the amount of $1,074,229 pursuant to the Housing and
Development Act of 1974, as amended (hereinafter called the "grant "); and,
WHEREAS, by the adoption of Resolution 13 -323 (authorizing submission of a
39th Year Consolidated Plan) the City has obligated itself to provide fmancial assistance to the
Texas Recyclers Association, Inc.,for services of recycling program through a contract with
the Subrecipient; and,
WHEREAS, under the terms of the grant the City must ensure that all
applicable federal requirements are met concerning the disbursement of funds to the
Subrecipient; and,
WHEREAS, projects undertaken by the Subrecipient 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 , 2013 and shall terminate
on , 2014, unless otherwise specifically provided by the terms of this contract.
SECTION 3. SUBRECIPIENT'S PERFORMANCE
The Subrecipient shall promote a recycling and waste reduction project, which is part of
Community Action for a Renewed Environment (CARE) to preserve the Texas environment
and promote community development. The CARE project will provide educational materials to
inform people of the health and welfare benefits of recycling.
The Texas Recyclers Program will conduct a "Healthy Environment /Healthy Body" class
twice a month at the Port Arthur Public Library, 4615 9 Avenue, Port Arthur, Texas 77642.
The classes will be held after 4:00 p.m. one day a month on a weekday and at 9:00 a.m. one
Saturday a month. The topics will include:
• To identify commonly discarded household contaminants (cleaning products,
electronics, etc.)
• The impact of household contaminants in the local landfill
• To make non -toxic cleaning products
• To safely reduce household contaminants in the waste stream by recycling
• To conserve soil and water
• To identify benefits of fresh fruits and vegetables
• How to incorporate fresh produce into their diets with simple recipes
• How to grow fresh produce and herbs in any home setting (patio, window, and
traditional gardens) to reduce grocery costs
• How to supplement their income by selling in- demand fresh produce
CDBG funds will cover the cost of the class at the rate of $10.00 per person for eligible
participants.
The Sub recipient 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 Sub recipient 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 Sub recipient's responsibility to furnish its own accounting
services including clerical, statistical, bookkeeping for expenditures made by Sub recipient in
performance of the obligations herein.
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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 Sub recipient during the contract period for performances rendered under this
contract by Sub recipient, 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
Sub recipient 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 Sub recipient under this contract.
2. City shall not be liable to Sub recipient for any costs incurred by Sub recipient,
or any portion thereof, which has been paid to Sub recipient or is subject to
payment to Sub recipient, or has been reimbursed to Sub recipient or is subject
to reimbursement to Sub recipient by any source other than City or Sub
recipient.
3. City shall not be liable to Sub recipient for any costs incurred by Sub recipient
or for any performances rendered by Sub recipient which are not allowable costs
asset forth in Section 6C of this contract. City assumes no responsibility to
reimburse Sub recipient for any unauthorized expense incurred nor shall Sub
recipient create any deficit in the name of City nor shall Sub recipient assign any
payment due from City to any other party.
4. City shall only disburse funds to Sub recipient upon receipt of Income
Verification Forms 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 Sub recipient for any costs incurred by Sub recipient
for any performances rendered by Sub recipient 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
Sub recipient before commencement of this contract or after termination
of this contract.
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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 Two
Thousand Dollars and 00 /100s ($2,000.00).
SECTION 5. DISBURSEMENT OF FUNDS
A. City will reimburse at the rate of $10.00 per person under this contract in accordance
with the requirements of 24 CFR 570. Sub recipient 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 Sub recipient'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 Sub recipient has been unable to commit funds
before the end of this contract period.
C. It is expressly understood and agreed by the parties hereto that any right or remedy
provided for in this Section 5 or in any other provision of this contract shall not
preclude the exercise of any other right or remedy under this contract or under any
provision of law, nor shall any action taken in the exercise of any right or remedy be
deemed a waiver of any other rights or remedies. Failure to exercise any right or
remedy hereunder shall not constitute a waiver of the right to exercise that or any other
right or remedy at any time.
SECTION 6. UNIFORM ADMINISTRATIVE REQUIREMENTS,
COST PRINCIPLES, AND PROGRAM INCOME
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A. Sub recipient 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.
Sub recipient shall provide reports of program income as requested by City and at the
termination of this contract.
B. Sub recipient shall return to City, upon termination of this contract, equipment, any
unused funds and any income derived specifically from the use of Community
Development Block Grant (CDBG) funds by Sub recipient. Income to Sub recipient,
which is generated as a result of Sub recipient'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, Sub recipient must comply with applicable regulations
under OMB Circular Numbers A -110 and A -122 pursuant to 24 CFR Part 570.
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SECTION 7. RETENTION AND ACCESSIBILITY OF RECORDS
A. Sub recipient must establish and maintain sufficient records, as determined by City, to
account for the expenditure and use of CDBG funds.
B. Sub recipient 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
Sub recipient pertaining to this contract. Such rights to access shall continue as long as
the records are retained by Sub recipient. Sub recipient agrees to maintain such records
in an accessible location.
C. All records pertinent to this contract shall be retained by Sub recipient 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:
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 all litigation, claims or audit findings involving the records have been
resolved.
2. Records relating to real property acquisition or long -term lease shall be retained
for a period equal to the useful life of any repairs made with CDBG funds.
SECTION 8. REPORTING REQUIREMENTS
A. Sub recipient shall submit to the City, a monthly report of the number of participants
that attended the class unless the data is provided with the reimbursement request. The
report will be due on the 15th of every month. Sub recipient 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 Sub recipient 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 Sub recipient hereunder. If City withholds such payments, it shall notify
Sub recipient 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 Sub recipient.
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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 perfounances 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. Provide each Subrecipient with information on financial management;
3. Provide each Subrecipient with a copy of the monitoring guidelines
SECTION 10. INDEPENDENT CONTRACTOR
It is expressly understood and agreed by the parties hereto that City is contracting with
Subrecipient as an Independent Contractor, and that Subrecipient, as such, agrees to hold City
haimless 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.
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 of a 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
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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 procurements 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 exercised
any functions or responsibilities with respect to activities assisted with funds provided under
this contract or (2) who is in a position to participate in a decision making process or gain
inside information with 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.
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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.
SECTION 14. LEGAL AUTHORITY
A. Subrecipient assures and guarantees that Subrecipient possesses legal authority to enter
into this contract, receive funds authorized by this contract, and to perform the services
Subrecipient has obligated to perform hereunder.
B. The person or persons signing and executing this contract on behalf of Subrecipient, or
representing themselves as signing and executing this contract on behalf of
Subrecipient, do hereby warrant and guarantee that he, she or they have been duly
authorized by Subrecipient to execute this contract on behalf of Subrecipient and to
validly and legally bind Subrecipient to all terms, performances, and provisions herein
set forth.
C. Subrecipient shall not employ, 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.
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SECTION 16. CHANGES AND AMENDMENTS
A. Except as specifically provided otherwise in this contract, any alterations, additions, OT
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 during the period of performance of this contract issue
policy directives which serve to establish, interpret, or clarify performance
requirements under this contract. Such policy directives shall be promulgated by the
City Manager when authorized by the 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,
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in a City plan or application, a notice of award, or elsewhere, City may take one or more of
the following actions:
1. 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 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 all 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
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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 nine (9) months 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.
B. Notwithstanding Subsection A of this Section 19, City reserves the right to conduct an
annual fmancial 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.
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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
project, required for City to meet its responsibilities for environmental review, decision
making, and other action which applies to City in accordance with and to the extent
specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), Subrecipient
further understands and agrees that Subrecipient shall make all reasonable efforts to
assist City in handling inquiries and complaints from persons and agencies seeking
redress in relation to environmental reviews covered by approved certifications.
SECTION 21. LABOR STANDARDS
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
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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 right
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 funds remaining on hand
on the date of termination, and all accounts receivable attributable to the use of funds
received under this contract shall revert to City. Subrecipient shall return these assets
to City within seven (7) business days after the date of termination.
D. Displacement, Relocation, and Acquisition. Subrecipient must ensure that it will not
displace persons (families, business and non - profit organizations) as a result of a project
assisted with funds provided under this contract.
SECTION 23. ORAL AND WRITTEN CONTRACTS
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 Ruenetta Maggie Bolden
Mary E. Essex, Grants Program Administrator 3035 Memorial Blvd
444 4th Street Port Arthur, TX 77640
Port Arthur, Texas 77640
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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
Subrecipient shall comply with all Federal, State and local laws, statutes, ordinances, rules,
regulations, orders and decrees of any court or administrative body or tribunal related to the
activities and performances of Subrecipient under this contract. Upon request by City,
Subrecipient shall furnish satisfactory proof of its compliance herewith.
SECTION 28. EQUIPMENT
Equipment shall be used by the subgrantee in the program or project for which it was acquired
as long as needed, whether or not the project or program continues to be supported by Federal
funds. When no longer needed for the original program or project, the equipment may be used
in other activities currently or previously supported by a Federal agency.
Property records must be maintained that include a description of the property, a serial number
or other identification number, the source of property, who holds title, the acquisition date,
and cost of the property, percentage of Federal participation in the cost of the property, the
location, use and condition of the property, and any ultimate disposition data including the date
of disposal and sale price of the property.
A control system must be developed to ensure adequate safeguards to prevent loss, damage, or
theft of the property. Any loss, damage, or theft shall be investigated.
Adequate maintenance procedures must be developed to keep the property in good condition.
When the equipment is no longer needed, the subgrantee will request disposition instruction
from the City of Port Arthur.
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APPROVED IN FORM:
Val Tizeno, City Attorney
CITY OF PORT ARTHUR
Floyd T. Johnson, City Manager
ATTEST:
TEXAS RECYCLERS ASSO., INC.
Sherri Bellard, City Secretary Executive Director
Date
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EXHIBIT A
Performance Statement
Texas Recyclers Association, Inc.
Subrecipient shall carry out the following activities identified in its 2013 CDBG Application:
The Subrecipient shall promote a recycling and waste reduction project, which is part of
Community Action for a Renewed Environment (CARE) to preserve the Texas environment
and promote community development. The CARE project will provide educational materials to
inform people of the health and welfare benefits of recycling.
The Texas Recyclers Program will conduct a "Healthy Environment /Healthy Body" class
twice a month at the Port Arthur Public Library, 4615 9 Avenue, Port Arthur, Texas 77642.
The classes will be held after 4:00 p.m. one day a month on a weekday and at 9:00 a.m. one
Saturday a month. The topics will include:
• To identify commonly discarded household contaminants (cleaning products,
electronics, etc.)
• The impact of household contaminants in the local landfill
• To make non -toxic cleaning products
• To safely reduce household contaminants in the waste stream by recycling
• To conserve soil and water
• To identify benefits of fresh fruits and vegetables
• How to incorporate fresh produce into their diets with simple recipes
• How to grow fresh produce and herbs in any home setting (patio, window, and
traditional gardens) to reduce grocery costs
• How to supplement their income by selling in- demand fresh produce
CDBG funds will cover the cost of the class at the rate of $10.00 per person for eligible
participants.
Subrecipient shall utilize Two Thousand and No /100s ($2,000.00) of contract funds to
complete these activities.
ADMINISTRATION
Subrecipient shall utilize its own funds to carry out all project administration activities,
including the cost associated with the required annual program compliance and fiscal audit. It
is further understood that any costs above this contract amount incurred by the Subrecipient for
these activities shall be paid for with private or other funds.
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EXHIBIT B
Budget
Texas Recyclers Association, Inc.
Activity Contract Other TOTAL
Funds Funds FUNDS
1) Tuition $2,000.00 $0.00 $2,000.00
TOTAL FUNDS $2,000.00 $0.00 $2,000.00
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EXHIBIT C
Project Implementation Schedule
Texas Recyclers Association, Inc.
CONTRACT START DATE: CONTRACT ENDING DATE:
Activities
1 2 3 4 5 6 7 8 9 10 11 12
Provide Recovery
Support X X X X X X X X X X X X
General Administration X X X X X X X X X X X X
Project Close -out
X X X X X X X X X X X 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.
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.
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The Age Discrimination Act of 1975 (42 U.S.C., Section 6101 et seq.);
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794) and
"Nondiscrimination Based on Handicap in Federally- Assisted Programs and Activities
of the Department of Housing and Urban Development ", 24 CFR, Part 8. By signing
this contract, Contractor understands and agrees that the activities funded herein shall
be operated in accordance with 24 CFR, Part 8; and the Architectural Barriers Act of
1968 (42 U.S.C., Section 4151 et. seq.), including the use of a telecommunications
device for deaf persons (TDDs) or equally effective communication system.
II. ENVIRONMENTAL STANDARDS
Environmental Review Procedures for Title I Community Development Block Grant
Programs, 24 CFR Part 58, as amended in 47 Fed. Reg. 15750 (April 12,
1982);
24 CFR Part 51, Environmental Criteria and Standards.
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EXHIBIT E
Certification Regarding Lobbying for
Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his knowledge and belief, that:
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:
Executive Director
Date
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