HomeMy WebLinkAboutRES 95-328 RESOLUTION NO. �x
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute a one (1) year contract with the
Southeast Texas Community Development Corporation, in the amount of $750,000, for the
construction of approximately 14 homes for sale or lease to families in the Charlton-Pollard
Neighborhood. The contract is substantially in the form attached hereto as Exhibit "A".
PASSED BY THE CITY COUNCIL of the City of Beaumont this the ;,; day of
1995.
- Mayor -
CONTRACT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, the City of Beaumont has received a SEVEN HUNDRED FIFTY
THOUSAND AND NO/100 DOLLARS ($750,000) HOME grant from the United States
Department of Housing and Urban Development (HOME Program No. M-95-MC-48-0201);
WHEREAS, pursuant to the authority of Resolution Number , passed by the
Beaumont City Council on , 1995, the Southeast Texas Community Development
Corporation, Inc. (SETCDC) an authorized Community Housing Development Organization
(CHDO)will enter into a contract with the City for HOME funds totalling SEVEN HUNDRED
FIFTY THOUSAND AND NO/100 DOLLARS ($750,000);
WHEREAS, the HOME allocation of SEVEN HUNDRED THOUSAND AND NO/100
($700,000) will be used for planning, design, construction and other cost related to the
development of fourteen (14) new homes in the Charlton-Pollard Neighborhood. New
construction will provide decent, safe and sanitary housing for low and moderate income
families. Funds may be used for home buyer's assistance to include, but not limited to
lease purchase, mortgage principal buy down, closing cost, pre-paids or any eligible
expenses. The income from the lease or sale will be used to generate program income
that will enable the CHDO to further continue construction of new homes in the Charlton-
Pollard Neighborhood.
WHEREAS, FIFTY THOUSAND AND NO/100($50,000) of grant funds will be used
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EXHIBIT "A"
for administration costs associated with administering construction activities.
WHEREAS, the Southeast Texas Community Development Corporation, Inc.
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;
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 Southeast Texas
Community Development Corporation, Inc., hereinafter referred to as "Grantee", acting by
and through Albert J. Price, Sr., its duly authorized President, do hereby covenant and
agree as follows:
1.
Grantee, located at 1190 Grand Street, shall use the Federal 1995 HOME grant
funds, herein provided, to construct single-family housing units 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"
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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 $750,000.
3.
The City agrees to provide Grantee with SEVEN HUNDRED FIFTY THOUSAND
AND NO/100 DOLLARS ($750,000) of 1995 HOME Grant 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 12/31/96. Payment shall be made by the
U. S. Treasury, who will disburse 1995 HOME funds (wire transfer) through Cash
Management Information System (CM/1) directly to the City, who will make payments upon
receipt of invoices or payment vouchers from Grantee certifying that all requirements have
been met and a closing date has been finalized. Grantee understands and agrees that
project activities (construction) must be committed (an acceptable Project Set-up Report
is entered into the CM/I) by 12/31/96. Failure to comply with the aforementioned
commitment will jeopardize funding. The Grantee understands that all grant monies
awarded may be terminated for cause or convenience. It is expressly understood and
agreed by and between the City and Grantee that any and all program income will be used
by Grantee for administrative costs, operational expenses or any eligible activity. No
program income or long term program income will be expended by the Grantee without
prior approval by the City Manager. Grantee further agrees that any grant funds remaining
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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.
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 HOME
funds under the United States Department of Housing and Urban Development (HOME
Program No. M-95-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.
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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.
S.
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
provided to provide decent, safe and sanitary housing to low and moderate income families
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of the City of Beaumont, Jefferson County, Texas by constructing new homes in the
Charlton-Pollard Neighborhood for lease or sale. It is understood that Grantee adheres
to HOME affordability requirements.
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 $50,000 provided 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 HOME 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
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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.
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,
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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: Ray A. Riley Rosemarie Smith
City Manager City Clerk
THE SOUTHEAST TEXAS COMMUNITY
DEVELOPMENT CORPORATION, INC. ATTEST:
By: Albert J. Price, Sr. Antoinette Hardy
President Director
"EXHIBIT A"
PROGRAM BUDGET
I. New Construction (14) New Homes $700,000
II. Personnel Services and Operations 50,000
TOTAL PROGRAM BUDGET 7 OQQ