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HomeMy WebLinkAboutRES 99-341 RESOLUTION NO. 99"3 / BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute a contract with the Charlton- Pollard Neighborhood Association, Inc. in the amount of $145,000. The contract is substantially in the form attached hereto as Exhibit "A". PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1?7— day of 1999. - Mayor - CONTRACT 2 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 Program No.B-98-MC-48-0003); WHEREAS, pursuant to the authority of Resolution Number , passed by the Beaumont City Council on November 9, 1999, the Charlton-Pollard Neighborhood Association, Inc. (CPNA) an authorized Community Housing Development Organization (CHDO) will enter into a contract with the City for CDBG funds totaling ONE HUNDRED FORTY-FIVE THOUSAND AND NO/100 ($145,000); WHEREAS, the CDBG allocation of ONE HUNDRED FORTY-FIVE THOUSAND AND NO/100 ($120,000) will be used for the purpose of acquiring and rehabilitating three houses for lease or sale to low to moderate income families. Funds would also be provided ($25,000) for administrative and operating costs. CPNA will obtain surveys, appraisals and title policies on properties acquired. Properties are to be used to provide decent, safe and sanitary housing for low and moderate income families. City staff shall supply technical assistance necessary to administer acquisition, title work, surveys, appraisals and rehabilitation. 1 EXHIBIT "A" WHEREAS,the City of Beaumont and the CPNA desire to enter into a contract and agreement whereby the City of Beaumont will furnish said federal CDBG grant funds to the CPNA for the purpose of acquiring and rehabilitating properties in low income neighborhoods. 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 Charlton-Pollard Neighborhood Association, Inc., hereinafter referred to as "Grantee", acting by and through Eugene Sam, its duly authorized President, do hereby covenant and agree as follows: 1 . Grantee, located at 825 Jackson, shall use the Federal 1998 CDBG grant funds, herein provided, to acquire and rehabilitate three houses for lease or sale to low to moderate income families. 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 and moderate 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 $145,000. 3. Funds to be available through the City's draw process on or after the effective slate of this contract. Grantee agrees and understands that this contract shall terminate on December 31, 2000. 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 further understands and agrees to and shall transfer to the City of Beaumont any program income, real properties, equipment, supplies and any assets acquired as a result of grant funds if Grantee becomes defunct or insolvent. 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 HOME 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. The CPNA will provide an acceptable audit engagement letter for the 1999 Audit Report to the City of Beaumont by January 31, 2000. The completed 1999 Audit Report will be provided to the City of Beaumont by May 31, 2000. The audit fee will be paid to the auditor directly from 4 other City funds. Failure to complete the audit report by May 31, 2000 may result b in contract termination. 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. 5 Grantee hereby covenants and agrees, in consideration for the funds herein provided to provide decent, safe and sanitary housing to low and moderate income families of 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, with the exception of the service fee on a per unit basis from grant for the administration of this contract. 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 6 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. 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 7 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., 19 THE CITY OF BEAUMONT ATTEST: By: Stephen J. Bonczek Barbara Liming City Manager City Clerk THE CHARLTON-POLLARD NEIGHBORHOOD ASSOCIATION, INC. ATTEST: By: Eugene Sam Joe Williams President Vice-President 8 j "EXHIBIT A" PROGRAM BUDGET I. Acquire and rehabilitate three (3) houses $120,000 2. Administrative and operating costs 25.000 TOTAL PROGRAM BUDGET $145,000 PROJECT SCHEDULE First house completed by March 31, 2000 Second house completed by June 30, 2000 Third house completed by September 30, 2000 9