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HomeMy WebLinkAboutRES 97-230 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 Innovative Housing Development Corporation, in the amount of$87,241 from the 1994 HOME Grant funds. The contract is substantially in the form attached hereto. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of �a 1997. - Mayor - CONTRACT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, the City of Beaumont has received a grant from the United States Department of Housing and Urban Development (HOME No. M-94-MC-48-0201); WHEREAS, pursuant to the authority of Resolution Number passed by the Beaumont City Council on , 1997, the Innovative Housing Development Corporation, Inc. (IHDC) will enter into a contract with the City of Beaumont for HOME funds totaling EIGHTY-SEVEN THOUSAND TWO HUNDRED FORTY-ONE AND N01100 DOLLARS ($87,241); WHEREAS, the HOME allocation will be used for the sole purpose of mortgage principal buy-down, closing cost and eligible project costs for up to four (4) new homes to be constructed in the Charlton-Pollard Neighborhood or another low to moderate income neighborhood for first time home buyers. The new, home construction will provide decent, safe and sanitary housing for low and moderate income families of the City of Beaumont. IHDC shall select a builder(s) to construct up to four (4) new homes. IHDC shall select builder(s) based on their product design and affordability and ability to obtain construction financing. IHDC will transfer title of lots, on which new homes will be constructed, to the selected builder(s) at no cost to the builder(s). City staff shall supply all technical assistance necessary to pre-approve first time home buyers. �. 1 WHEREAS, the Innovative Housing Development Corporation 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 Innovative Housing Development Corporation desire to enter into a contract and agreement whereby the City of Beaumont will furnish said federal HOME grant funds to the IHDC for the purposes of new home construction in the Charlton-Pollard Neighborhood or another low to moderate income neighborhood. WHEREAS, the Innovative Housing Development Corporation, Inc. will secure the 12.5% financial match requirements for the M-94-MC-48-0201 HOME grant. The financial funding match requirement totals Ten Thousand Nine Hundred Six Dollars and no/100 ($10,906). 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 Innovative Housing Development Corporation, hereinafter referred to as "Grantee", acting by and through Gaylyn Cooper its duly authorized President, do hereby covenant and agree as follows: 1. Grantee, located at 801 Main Street, shall use the Federal 1994 HOME funds, herein provided, for mortgage principal buy downs and closing costs for the construction of single family housing units for sale to low to moderate income individuals. 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 2 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. 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 EIGHTY-SEVEN THOUSAND TWO HUNDRED FORTY-ONE AND N01100 DOLLARS ($87,241). 3. The City agrees to provide Grantee 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 June 30, 1998. Payment shall be made by the U. S. Treasury, who will disburse 1994 HOME funds (wire transfer) through Cash Management Information System (CM/I) 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 and convenience. Grantee further understands that any grant funds remaining after this agreement expires will revert to the City of Beaumont. 4. Grantee understands and agrees that should Grantee (Innovative Housing Development Corporation) becomes defunct or insolvent, any and all grant funds on hand and any accounts 3 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 real properties, equipment, supplies and any assets acquired as a result of grant funds. 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 (HOME Program No. M-94-MC- 48-0201) 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 HOME 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 4 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 mortgage principal buy-down, closing cost and eligible project costs for new homes to be constructed for the Charlton-Pollard Neighborhood or other low to moderate income neighborhoods. Funds will be used to provide new housing to low and moderate income families 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 5 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 HOME funds shall be used, either directly or indirectly, for religious purposes. Any willful 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 HOME 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. 6 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. 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 Patrice Fogarty City Manager City Clerk THE INNOVATIVE HOUSING DEVELOPMENT CORPORATION ATTEST: By: Gaylyn Cooper Marilyn S. Adams President Secretary 7 "EXHIBIT A" PROGRAM BUDGET I. Mortgage principal buy downs, closing costs $87,241 and eligible project costs for up to four new homes to be constructed in the Charlton- Pollard Neighborhood or other low to moderate income neighborhoods TOTAL PROGRAM BUDGET $87,241