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HomeMy WebLinkAboutPR 11687: SAVANNAH HOUSING CORPFrom: Date: Re: Steve Fil~g/bbons, City/Vlanager Da/e Watson, D/rector o£ P/ann/ng Monday, February 2~, 2002 P,R. 11687 RECOMMENDATION: I recommend City Council adopt Proposed Resolution 11687 authorizing the execution of a contract between the City of Port Arthur and Savannah Housing Corporation in the amount of $70,000 for the construction of one (1) new unit. BACKGROUND: Savannah Housing Corporation is a Texas non-profit corporation and a Certified Community Housing Development Organization (CHDO) that provides housing assistance to Iow and moderate-income homebuyers. Savannah will use 2000 Federal HOME Program funds to assist in carrying out the mission of the City of Port Arthur Housing Assistance Program to eliminate blight, provide decent, safe, sanitary and affordable housing for Iow and moderate-income families within the City of Port Arthur. Savannah Housing Corporation will use the 2000 HONE CHDO Set-a-side funds as interim financing for the construction of one (1) new unit. The unit will have a minimum of 1400 square feet of living area, with three (3) bedrooms and two (2) baths and a two (2) car garage. The property will be sold to qualified Iow to moderate-income citizen. Savannah Housing Corporation will retain the grant funds upon sale of the unit and must use the funds to construct additional housing units which will be sold to qualified Iow to moderate income persons. This new unit plus two (2) additional will be built on 4th Street adjacent to their existing units for a total of five (5) new homes. BUDGETARY/FISCAL EFFECT: Funding will be provided by the City's 2000 HOME Program Funds. STAFFING/EMPLOYEE EFFECT: '-!ousing Administration staff will be responsible for administering the contract with Savannah Housing Corporation. SUMMARY: I recommend City Council adopt Proposed Resolution 11687 authorizing the execution of a contract between the City of Port Arthur and Savannah Housing Corporation. P.R. 11687 2-25-02~ DW/Housing RESOLUTION NUMBER A RESOLUTION AUTHORIZING THE EXECU'FJON OF A CONTRACT IN THE AMOUNT OF $70,000 BETWEEN SAVANNAH HOUSING CORPORATION AND THE C1TY OF PORT ARTHUR WHEREAS, Savannah Housing Corporation, (herein after referred to as "Savannah") was chartered as a Texas non-profit corporation to provide safe, decent, sanitary and affordable housing to the Iow and moderate income families; and, WHEREAS, the Department of Housing and Urban Development has awarded funding to the City in the amount of $508,000 for the 2000 HOME Program pursuant to the Housing and Development Act of 1974 for the primary benefit of Iow and moderate income persons; and, WHEREAS, the City Council, by its adoption of Resolution Number 00-76, (authorizing submission of a 2000 Consolidated Plan) the City has obligated itself to provide direct financial assistance for homeownership to Iow and moderate income persons/families; and, WHEREAS, under the terms of the grant, the City is to review the requests for the disbursement of funds to the Savannah Housing Corporation in the amount of $70,000; and, WHEREAS, activities undertaken by the Savannah Housing Corporation must principally benefit Iow and moderate income persons as has been determined by the parties and is established under the guidelines of the Housing and Community Development Act of 1974, as amended; therefore, BE 1T RESOLVED BY THE C1TY COUNCIL OF THE Cl-FY OF PORT ARTHUR: THAT the City Manager is authorized to execute a contract with Savannah Housing Corporation in the amount of $70,000 for the proposal outlined herein and further described in the attached contract marked Attachment 1; and, THAT a copy of the caption of this Resolution be spread upon the minutes of the City Council. READ, ADOPTED AND APPROVED this day of A.D., 2002 at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: MAYOR COUNCILMEMBERS NOES: MAYOR AI-FEST: APPROVED FOR AVAILABILITY OF FUNDS: CITY SECRETARY DIRECTOR OF FINANCE APPROVED FOR FORM: C~I'Y A-I-I-ORN EY APPROVED FOR ADMINISTRATION: C1TY MANAGER DALE WATSON, DEPARTMENT DIRECTOR ATTACIti~H2NT "1" STATE OF TEXAS COUNTY OF JEFFERSON CITY OF PORT ARTHUR .CONTP~CT FOR A L NON-PROFIT SUBRECIPIENT 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 Savannah Housing Corporation (hereinafter called "Subrecipient") Jefferson County, Texas. 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 is organized to assist low income individuals and families achieve the American dream of Homeownership; and, WHEREAS, the Department of Housing and Urban Development has awarded funding to the City in the amount of $508,000 in HOME funds, pursuant to the Housing and Development Act of 1974, as amended (hereinafter called the "grant"); and, WHEREAS, under the terms of the grant the City must ensure that all applicable state and 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 Ast 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 March 19, 2002 and shall terminate on March 18, 2003, unless otherwise specifically provided by the terms of this contract. SECTION 3. SUBRECIPIENT'S PERFORMANCE The Subrecipient shall construct one (1) new housing unit. All proceeds from the sale of the property must be revolved into additional housing units. All expenditures of proceeds must be pre-approved by the City. 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; Regulations, hereinafter call hereinafter called Exhibit E; all other statements made by the Applicable Laws and ed Exhibit D; the Certifications, the assurances, certifications, and the Subrecipient in its application fort 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 bwn 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 6 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 Housing Assistance 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 fo.r any performances rendered by Subrecipient which are not stri.ctly 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 Seventy Thousand and No/lO0 Dollars ($70,000.00). SECTION 5. DISBURSEMENT OF FUNDS A. City will reimburse 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. shall not any other Failure to exercise any right or remedy hereunder constitute a waiver of the right to exercise that or right or remedy a.t 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. Income to Subrecipient, which is generated as a result of Subrecipient's use of grant funds can be retained by Subrecipient and must be used for interim financing and used by Subrecipient to construct additional housing units. 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 as determined by City, HOME funds. establish and maintain sufficient records, to account for the expenditure and use of 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 HOME funds. SECTION 8. REPORTING REQUIREMENTS A. Subrecipient shall submit to City such reports on the operation and performance of this contract as may be required by City including but not limited to the reports specified in this Section 8. 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 heneunder. 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. 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. Subrecipient shall present proof of Directors and Officers Insurance. 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. Subreeipient 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 state, and local laws, procurements under this comply with all applicable regulations, and ordinances contract. federal, for making 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 ins~ide information with regard to such activities may obtain a personal or financial interest or benefit from a HOME assisted activity, or have an interest in any contract, subcontract, or agreement (or proceeds thereof) with respect to a HOME 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 wi~h applicable provisions under ~ r~D ~ ~ ~ nmb r~C.~,~ L ~_. in the procurement of property and se~'.~?~. 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 wi, th 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 HOME 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. contract may not be organizations, such secular activities. contract may not be owned by primarily Religious Organizations. Funds provided under this provided to primarily religious as churches, for any activity including In addition, funds provided under this used to rehabilitate or construct housing 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 owned by primarily religious organizations except as provided in Section 22 of this contract. The completed housing or nonresidential building(s) must be used excTusively by the owner entity ~o~ secular pt~rposes and must be available to all persons regardless of religion. There must be no religious or membership criteria for either tenants or users of the property 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 HOME 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 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 er claim. by 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 both parties to this contract. in writing and executed by 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 HOME 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 HOME 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 HOME 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 HOME 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 regL~lation. 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 contrac$ 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: of the action Temporarily withhold cash payments pending correction deficiency by Subrecipient or take more severe enforcement against Subrecipient. 2. Disallow all or part of the cost of the activity or action not in compliance. 3. Withhold further HOME 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 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. at 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 $25,000 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. E. All approved HOME audit reports shall be made available for public inspection within 30 days after completion 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 HOME funded project, required for City to meet its responsibilities for environmental review, decision making, and other action which applies to City in accordance with and to the extent specified in 24 CFR, Part 58. In accordance with 24 CFR 58.77(b), 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 thisJocality, 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.SoC., 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. Lease Agreement, if applicable. If the Subrecipient is not the owner of the building to be rehabilitated with funds provided under this contract, the Subrecipient must have a written lease agreement with the owner of the building of sufficient length to cover the useful life of the improvements proposed to be made approximately 15 years). The terms of said lease shall stipulate that the owner of said building will repay City an amount equal to the amount of HOME funds used for rehabilitation of the building prorated over the ,useful life of the repairs in the event that Subrecipient ceases.to provide services to low and moderate income persons at the building's location. C. Repayment. Subrecipient agrees that all repayments, including all interest and other return on the investment of HOME funds will be made to City. City reserves the right to permit Subrecipient,to retain interest or return on investment of HOME funds for additional eligible activities by the Subrecipient. D. 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. E. Enforcement of Contract. City shall not release any funds for any costs incurred by Subrecipient under this contract until City has received from Subrecipient a legally enforceable lease agreement between the Subrecipient and the owner of the real property at __N/A__, Port Arthur, Texas containing remedies adequate to enforce the requirements in this contract pertaining to separation of church and state and the obligation of Subrecipient to provide services to low and moderate income persons. Subrecipient shall record said lease agreement in the reaJ property records of Jefferson County, Texas and return the original document, duly certified as to recordation by the appropriate county official, to the City. Receipt of such recorded original by the City is required prior to issuance of funds under this contract. F. Flood Insurance. City shall not release and, funds for any costs incurred by Subrecipient under this contract ~n~il City has received from Subrecipient proof of flood insurance pursuant to the requirements of the National Flood Insurance Act of 1968, as amended, and the Flood Disaster Act of 1973. Subrecipient understands and agrees that by the execution of this contract Subrecipient shall assume responsibility for keeping flood insurance in force in an amount equal value of the repairs to the building under this contract. to at least the prorated rehabilitated with funds G. 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. yENUE For purposes of litigation pursuant to this lie in Jefferson County, Texas. contract, venue shall SECTION 25. ADDRESS OF NOTICE AND COMMUNICATIONS City of Port Arthur 444 4th Street Port Arthur, Texas 77640 ATTN: Dale Watson Director, Planning & Grants Management Savannah Housing Corp. 1149 5th Street Port Arthur, Texas 77640 ATTN: Sinclair Oubre Executive Director SECTION 26. CAPTIONS Each paragraph of this cont.ract 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: Mark Sokolow, City Attorney ATTEST: City Secretary CITY OF PORT ARTHUR Savannah Housing Corporation Steve Fitzgibbons, City Manager Executive Director EXHIBIT A Performance Statement Savannah Housing Corporation Subrecipient,shall carry out the following activities identified in the 2000 Federal HOME Guidelines: Savannah Housing Corporation shall assist in carrying out the mission of the City of Port Arthur Housing Assistance Program to eliminate blight, provide decent, safe, sanitary and affordable housing for low and moderate income families within the city of Port Arthur. Savannah Housing Corp will construct one (1) new unit to low to moderate income (80% of MFI) persons/families. The cost of the new construction will be $70,000. Subrecipient shall utilize ($70,000.00) of contract funds to provide construction of one (1) new unit. ADMINISTRATION Subrecipient shall utilize HOME CHDO Set-a-side funds in the amount of $70,000.00 to carry out all project 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. EXHIBIT B Budget Savannah Housing Corporation Activity' Contract Total Funds Funds New Construction One (1) Unit $70,000 EXHIBIT C Project Implementation Schedule Savannah Housing Corporation CONTPJNCT START DATE: March 19, 2002 CONTPJNCT ENDING DATE: March 18, 2003 NEW HOME CONSTRUCTION 1 2 3 I 4I 5 6 7 8 9 10 Identi fy Participants Evaluate Homeownership i~i Barriers ~ Case Management Access Conventional i Mortgage Resources Pre & Post Purchase il B BB~ Counsel i ng ~ ~ Administration ~~--~ ~~___ 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 (42U.S.C. 3601-20) and implementing regulations at 24 CFR part 10; Executive Order II063, as amended by Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1958-1963 Comp., 652 and 3CFR, 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. 200Od) (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 t 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 Comp., p. 339) (Equal Employment Opportunity) and the implementing regulations issued at 4I CFR, Chapter 60. 1964-65, The requirements of Executive Orders 11625 and 12432 (concerning Minori~ ~usiness Enterprise), and 12138 (concerning Women's Business Enterprise). Consistent with HUB 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 State 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. LEAD-BASED PAINT Title IV of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. Sec. 4831). III. ENVIRONMENTAL STANDARDS Environmental Review Procedures for Title I Community Development Block Grant Programs, 24 CFR Part 58, as amended 47 Fed. Reg. 15750 (April 12, 1982); in National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.) and 40 CFR Parts 1500-1508; The National Sec. 470 et seq.) Sec. 470f); Historic Preservation Act of 1966 (16 U.S.C. as amended; particularly Section !06 (16 U.S.C. Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 Fed. Reg. 8921), particularly Section 2(c); The Reservoir Salvage Act of 1960 (16 U.S.C. Sec. 469 et seq.), particularly Section 3 (16 U.S.C. Sec. 469a-1), as amended by the archeological; and Historic Preservation Act of 1974; Flood Disaster Protection Act of 1973, (42 U.S.C. Sec. 4001 et. seq.) as:amended, particularly Sections 102(a) and 202(a) (42 U.S.C. Sec. 4012a (a)-and Sec. 4106(a); Executive Order 11988, Floodplain Management, May 24, 1977 (42 Fed. Reg. 26951), particularly Section 2(and); Executive Order 11990 Protection of Wetlands, May 24, 1977 (42 Fed. Reg. 26961), particularly Section 2 and 5; The Coastal Zone Management Act of 1972, (16 U.S.C. Sec. 1451 et seq.) as amended, particularly Section 307(c) and (d) U.S.C. Sec. 1456(c) and (d); (16 The Safe Drinking Water Act of 1974, (42 U.S.C. Sec. 300(f) et seq.), and (21 U.S.C. Sec. 349) as amended, particularly Section 1424 (e) (42 U.S.C. Sec. 300h-303(e); 201, The Endangered Species Act of 1973, (16 U.S.C. Sec. 1531 et seq.) as amended, particularly Section 7 (16 U.S.C. Sec. 1536)); The Wild and Scenic Rivers Act of 1968, (16 U.S.C. Sec. 1271 et seq.) as amended, particularly Section 7(b) and (c) (16 U.S.C. Sec. 1278(b) and (c)); The Clean Air Act (41U.S.C. Sec. 7401 et particularly Section 176(c) and (d) (42 U.S.C. (d)); seq ) as amended, Sec 7506(c) and Farmlands 4201 et. seq.) Standards. Protection and Policy Act of 1981, 7 24 CFR Part 51, Environmental Criteria U.S.C. Sec. and IV. ACQUISITION/RELOCATION The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 19~0 (42 U.S.C., Sec. 4601 et. seq.), 49 CFR Part 24, and 24 CFR Section 570.49a (55 Fed. Reg. 29309 (July 18, 1990)). 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 bb 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