HomeMy WebLinkAboutRES 98-200 RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to enter into a contract with the Statewide
Consolidated Community Development Corporation (SCCDC) for the expenditure of funds
related to the City's Community Development Block Grant (CDBG) Grant Program. The
contract is substantially in the form attached hereto as Exhibit 1".
PASSED BY THE CITY COUNCIL of the City of Beaumont this the //,,� day
of ��e ,u 1998.
- Mayor -
CONTRACT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, the City of Beaumont has received a Community Development
Block Grant (CDBG) from the United States Department of Housing and Urban
Development (CDBG No. B-97-MC-48-0003);
WHEREAS, pursuant to the authority of Resolution'Number
passed by the Beaumont City Council on ,1998, the Statewide
Consolidated Community Development Corporation, Inc. (SCCDC), an authorized
Community Housing Development Organization (CHDO), will enter into a contract with
the City for CDBG funds totaling THIRTY THOUSAND AND NO/100 DOLLARS
($30,000.00);
WHEREAS, the CDBG allocation of $30,000 will be used for the project related
soft costs for the development of 30 houses for SCCDC located at 1090 S. Fourth
Street. The homes will provide decent, safe and sanitary housing for low income
families.
WHEREAS, the SCCDC provides various services to low-income and moderate-
income families of the City of Beaumont, Jefferson County, Texas that enable such
families to obtain a suitable place to reside;
WHEREAS, the City of Beaumont and the SCCDC desire to enter into a contract
and agreement whereby the City of Beaumont will furnish said federal CDBG grant
1
Exhibit "1"
funds to the SCCDC for the purpose of providing the project related soft costs for the
development of 30 houses.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of the mutual covenant, promises, and
agreements contained therein, the City of Beaumont, hereinafter referred to as "City",
acting by and through Ray A. Riley, its duly authorized City Manager, and the
Statewide Consolidated Community Development Corporation, Inc., hereinafter
referred to as "Grantee", acting by and through Robert Jones, its duly authorized
Chairman, do hereby covenant and agree as follows:
1 .
Grantee, located at 1090 South Fourth Street, shall use the Federal 1997
CDBG grant funds, herein provided, to provide project related soft costs for the
development of 30 houses. Grantee covenants and agrees to expend federal grant
funds in accordance with 24-CFR Part 92 (as now in effect and as may be amended
from time to time), which is incorporated by reference and constitutes part of the
agreement. It is expressly understood and agreed by Grantee that this contract and
the procurement authorized and provided for hereunder have as their purpose or goal
to provide decent, safe and sanitary housing units to low income persons. Grantee
agrees to do all things necessary under this contract to complete the program set out
in "Exhibit A" attached hereto.
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2.
It is understood and agreed that in no event shall the total distribution of federal
grant funds, made to or in behalf of the Grantee pursuant to this agreement, exceed
the total sum of THIRTY THOUSAND AND NO/100 DOLLARS ($30,000.00).
3.
Funds to be available through the City's draw process on or after the effective
date of this contract. Grantee agrees and understands that this contract shall
terminate on March 30, 1999. Payment shall be made by the U. S. Treasury, who
will disburse 1997 CDBG funds (wire transfer) through Cash Management Information
System (CM/1) directly to the City, who will make payments upon receipt of invoices
from Grantee certifying that all requirements have been met. The Grantee
understands that all grant monies awarded may be terminated for cause or
convenience. Grantee further agrees that any grant funds remaining after this
agreement expires will revert to the City of Beaumont.
4.
Grantee understands and agrees that should Grantee become defunct or
insolvent, any and all grant funds on hand and any accounts receivable attributable
to the use of grant funds shall transfer to the City of Beaumont.
Grantee understands and agrees that should Grantee become defunct or
insolvent any program income, real properties, equipment, supplies and any assets
acquired as a result of grant funds shall transfer to the City of Beaumont.
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5.
It is expressly understood and agreed by and between the City and Grantee
that this agreement is wholly conditioned upon the actual availability of federal grant
funds under the United States Department of Housing and Urban Development (CDBG
Program No. B-97-MC-48-0003) and that all monies distributed to or in behalf of
Grantee hereunder shall be exclusively from federal monies received under said CDBG
Program, and not from any other monies of the City.
6.
Grantee agrees to keep accurate records to document its adherence to
applicable federal regulations and all "other federal requirements", along with
documentation and records of all expenditures of said CDBG Program funds. Grantee
further understands and agrees to comply with the applicable requirements and
standards of OMB Circular A-110 (Uniform Administrative Requirements for Grants
and Cooperative Agreements to State and Local Governments), said provisions being
incorporated herein by reference. The Grantee also understands and agrees to adhere
to the City's procurement process. The City shall reserve the right to investigate,
examine and audit, at any time, any and all such records relating to the operations or
expenditures of Grantee under this agreement.
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7.
Grantee covenants and agrees to fully cooperate with the City in monitoring the
effectiveness of the expenditure of grant funds and the City shall have access at all
reasonable times to the offices, premises and records of Grantee in regard to the
administration of this contract.
8.
Grantee shall operate hereunder as an independent contractor and not as an
officer, agent, servant or employee of the City. Grantee shall have exclusive control
of the program and all persons involved in same subject only to the terms of this
agreement and shall be solely responsible for the acts and omissions of its officers,
members, agents, servants, employees, subcontractors, program participants,
licensees and invitees. It is expressly understood and agreed that, other than those
people who receive wages on a regular basis from Grantor, that no officer, member,
agent, servant, employee, subcontractor, licensee, invitee of Grantee nor any program
participant hereunder is in the paid service of the City. It is also expressly understood
and agreed that Grantor will provide technical assistance to Grantee in the
furtherance of its program.
9.
Grantee hereby covenants and agrees, in consideration for the funds herein to
provide project related soft costs for the development of 30 houses for low income
families of the City of Beaumont, Jefferson County, Texas.
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10.
No officer, employee or member of Grantee or Grantee's subcontractors shall
have a financial interest, direct or indirect, in this contract or the monies transferred
hereunder, or be financially interested, directly or indirectly, in any contract relating
to the operations conducted by it, nor in any contract for furnishing services or
supplies to Grantee. Any willful violation of this paragraph with the knowledge,
expressed or implied, of Grantee or its subcontractors, shall render this contract
voidable by the City of Beaumont.
11 .
No grants shall be made by Grantee to its directors or officers, either directly
or indirectly, through family members, business partners or employees. Grantee
agrees that no CDBG funds shall be used, either directly or indirectly, for religious
purposes. Any willful or violation of this paragraph with the knowledge, expressed
or implied, of Grantee shall render this contract voidable by the City of Beaumont.
12.
Grantee covenants and agrees that its officers, members, agents, employees,
program participants and subcontractors shall abide by and comply with all Federal,
State and local laws, including all ordinances, rules and regulations of the City of
Beaumont, as amended. Grantee further covenants and agrees that it will fully
comply with the terms and conditions of the CDBG Program under which these funds
are granted.
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13.
The provisions of this agreement are severable and if for any reason a clause,
sentence, paragraph, or other part of this agreement shall be determined to be invalid
by a court or federal or state agency, board or commission having jurisdiction over
the subject matter thereof, such invalidity shall not affect the other provisions which
can be given effect with the invalid provision.
14.
The failure of the City to insist upon the performance of any term or provision
of this agreement or to exercise any right herein conferred shall not be construed as
a waiver or relinquishment to any extent of the City's right to assert or rely upon any
such term or right on any future occasion.
15.
This written instrument and attachments constitute the entire agreement by the
parties hereto concerning the matter performed hereunder and any prior or
contemporaneous, oral or written agreement which purports to vary from the terms
hereof shall be void.
16.
Grantee covenants and agrees to hold harmless the City and its officers agents,
servants and employees, from and against any and all claims or suits for property loss
or damage and/or personal injury, including death to any and all persons, or whatever
kind of character whether real or asserted, arising out of or in connection with the
execution, performance, attempted performance or non-performance of this contract
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and agreement and/or the operations, activities and services of the program described
herein, whether or not caused, in whole or in part, by alleged negligence of officers,
agents, servants, employees, contractors, or sub-contractors of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
Beaumont, Jefferson County, Texas, this day of
A.D., 19
THE CITY OF BEAUMONT ATTEST:
By: Ray A. Riley Barbara Liming
City Manager Deputy City Clerk
THE STATEWIDE CONSOLIDATED COMMUNITY
DEVELOPMENT CORPORATION, INC. ATTEST:
By: Robert Jones Leon Jake Campbell
Chairman Secretary-Treasurer
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"EXHIBIT A"
PROGRAM BUDGET
I. Project related soft costs
for the development of
30 houses. S 30.000
TOTAL PROGRAM BUDGET $ 30,000
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