HomeMy WebLinkAboutRES 02-028 RESOLUTION NO. 02-028
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract with the
Beaumont Community Housing Development Organization, Inc. in the amount of$100,000
using funds from the 2001 CDBG Program Housing Site Development activity budget
category. The contract is substantially in the form attached hereto as Exhibit "A".
PASSED BY THE CITY COUNCIL of the City of Beaumontthis the 5th day of February,
2002.
CIL
- Mayor David W. Moore -
SONTRACT
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-01-MC-48-0003);
WHEREAS, pursuant to the authority of Resolution Number
passed by the Beaumont City Council on , the Beaumont Community
Housing Development Organization, Inc. (BCHDO) an authorized Community Based
Development Organization (CBDO) will enter into a contract with the City for CDBG
funds totaling ONE HUNDRED THOUSAND AND NO/100 ($100,000);
WHEREAS, the CDBG allocation of ONE HUNDRED THOUSAND AND NO/100
($100,000) will be used for the purpose of neighborhood revitalization and interim
assistance for new housing construction, including site predevelopment preparation.
Sites are to be used for the construction of new homes which will provide decent,
safe and sanitary housing for low income families. Prior to to constructing the new
houses, BCHDO will obtain an acceptable soil compaction test. Property titles may
be transferred to other CBDO's, or to the City of Beaumont at no cost when it can
result in the construction of affordable single family housing for low income families.
City staff shall supply all technical assistance necessary to assist with the
preparation of the sites. The BCHDO shall obtain an engineering cost estimate prior
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EXHIBIT "A"
to the start of site preparation for each lot. The cost of site preparation must be
approved by the City of Beaumont's Economic Development Department.
WHEREAS, the City of Beaumont and the BCHDO desire to enter into a
contract and agreement whereby the City of Beaumont will furnish said federal CDBG
grant funds to the BCHDO for the purpose of neighborhood revitalization and interim
assistance for new construction of affordable housing 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
Beaumont Community Housing Development Organization, Inc., hereinafter referred
i to as "Grantee", acting by and through Antoinette Hardy, its duly authorized
President, do hereby covenant and agree as follows:
1 .
Grantee, located at 5220 Highland Avenue, shall use the Federal 2001 CDBG
grant funds, herein provided, to prepare sites for the construction of single-family
housing units for sale to low 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 .
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Grantee agrees to do all things necessary under this contract to complete the program
set out in "Exhibit A" attached hereto.
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 $100,000.
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 December 31, 2002. Payment shall be made by the U.S. Treasury, who
will disburse 2001 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.
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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.
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-01-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
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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.
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.
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9.
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,
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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.
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.
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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., 2002.
THE CITY OF BEAUMONT ATTEST:
By: Stephen J. Bonczek Barbara Liming
City Manager City Clerk
BEAUMONT COMMUNITY HOUSING
DEVELOPMENT ORGANIZATION, INC. ATTEST:
By: Antoinette Hardy
a President
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"EXHIBIT A"
PROGRAM BUDGET
I. Neighborhood Revitalization Activities and
interim assistance required for new construction
of single family housing to be sold to low income
families.
$100,000
TOTAL PROGRAM BUDGET $ 100,000
PROJECT SCHEDULE
Site clearance and preparation cost
estimate as follows:
Seven (7) sites South Park Neighborhood $ 73,400.00
Five (5) sites Pear Orchard Neighborhood $ 19,750.00
One (1 ) site Avenues Neighborhood $ 6,850.00
$100,000.00
TOTAL
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