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HomeMy WebLinkAboutRES 01-074 RESOLUTION NO. 01-074 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute an agreement with Southeast Texas Community Development Corporation Inc. in the amount of $18,877 to provide home buyers' counseling and to pay audit fees for the 2000 audit. The agreement is substantially in the form attached hereto as Exhibit "A". PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of March, 2001. - Mayor - Pro Tem GAMR ESO LUTRAGEN DA1.RES 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-98- MC-48-0003); WHEREAS,pursuant to the authority of Resolution No. , passed by the Beaumont City Council on , the Southeast Texas Community Development Corporation, Inc. (SETCDC), an authorized Community Housing Development Organization (CHDO), will enter into a contract with the City for CDBG funds totaling EIGHTEEN THOUSAND EIGHT HUNDRED AND SEVENTY-SEVEN DOLLARS AND NO/]00 ($18,877.00); WHEREAS, the SETCDC 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 SETCDC desire to enter into a contract and agreement whereby the City of Beaumont will furnish said federal CDBG grant funds to the SETCDC for the purpose of providing home buyers' counseling to eligible families who will purchase new and existing homes in neighborhoods targeted for revitalization. Funds are also provided to pay the audit fee for the 2000 audit. 1 EXHIBIT "A" 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 Stephen J. Bonczek, its duly authorized City Manager, and the Southeast Texas Community Development Corporation, Inc., hereinafter referred to as "Grantee", acting by and through Albert Price, its duly authorized President, do hereby covenant and agree as follows: 1. Grantee, located at 1190 Grand Street, shall use the Federal 1998 CDBG grant funds, herein provided, to provide home buyers' counseling to eligible families who will purchase new and existing homes in neighborhoods targeted for revitalization ($5,082). Funds will also be used to pay the audit fee for the 2000 audit ($13,795). 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. 2 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 EIGHTEEN THOUSAND EIGHT HUNDRED SEVENTY-SEVEN AND NO 1100 DOLLARS ($18,877); 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 July 31, 2001. Payment shall be made by the U. S. Treasury, who will disburse 1998 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. 3 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-98-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. 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. 4 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 home buyers' counseling to eligible families who will purchase new and existing homes in neighborhoods targeted for revitalization in the City of Beaumont, Jefferson County, Texas. 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. 5 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. 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. 6 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 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., 2001. THE CITY OF BEAUMONT ATTEST: By: Stephen J. Bonczek Barbara Liming City Manager City Clerk THE SOUTHEAST TEXAS CON PAUNITY DEVELOPMENT CORPORATION, INC. ATTEST: By: Albert Price Matthew Hopkins President Director of Housing 7 "EXHIBIT A" PROGRAM BUDGET Homebuyers' counseling to eligible families who will purchase new and existing homes in neighborhoods targeted for revitalization. $ 5,082 Audit fees 13795 TOTAL PROGRAM BUDGET $ 18,877 PROJECT SCHEDULE 1. Home buyer Counseling completed by July 31, 2001. 2. 1999 Audit completed by May 31, 2001. 8