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HomeMy WebLinkAboutRES 95-198 t RESOLUTION NO. WHEREAS, the City has negotiated the following one (1) year contracts through the 1995 HUD Consolidated Grant Program; and, WHEREAS, the City Manager should be authorized to execute contracts with these organizations containing terms as follows: A - Southeast Texas Community Health Clinic The contract will provide for a roof repair of a health facility in the amount of $15,000. B - The Salvation Army Boy's & Girl's Club The contract will provide after school educational programs for approximately 900 low to moderate income youths in the amount of$32,270. C - Melton Center The contract will provide for handicapped accessibility and multi-purpose use for approximately 150 low income individuals in the amount of$32,270. D - Habitat for Humanity The contract will provide construction assistance for three homes in the Charlton- Pollard neighborhood in the amount of$46,100. E - The Art Studio The contract will provide for code and (ADA) compliance construction to a facility that will provide art and educational opportunities for low/moderate income and disabled persons in the amount of$40,100. F - The Police Activities League The contract will provide for the purchase of equipment, registration fees and administration costs for an athletic and educational program that will serve approximately 300 youth from low income families in the amount of $21,200. G - Build, Inc./Beaumont Main Street The contract will provide operational costs for an agency which is instrumental in Downtown revitalization in the amount of$23,050. H - The Youth Rescue Mission The contract will provide for code and (ADA) compliance renovations for emergency shelter that will house homeless children and serve approximately 240 youth from low income families in the amount of$60,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute one (1) year contracts with Southeast Texas Community Health Clinic, The Salvation Army, Melton Center, Habitat for Humanity, The Art Studio, The Police Activities League, Build, Inc./Beaumont Main Street, and The Youth Rescue Mission. Said Contracts containing the terms and conditions for each organization are substantially in the form attached hereto as Exhibits A through H. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the day of �) �a — , 1995. - Mayor - CITY OF BEAUMONT, TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT AGREEMENT This Grant Agreement is made by and between the City of Beaumont, Texas and the Southeast Texas Community Health Clinic (the Grantee) pursuant to the authority of Resolution , passed by the Beaumont City Council on The Grantee's submission for Public Facility Improvement funds under 24 CFR Part 570 (as now in effect and as may be amended from time to time) , are incorporated by reference, and constitute part of the agreement. In reliance upon and in consideration of the mutual representations and obligations hereunder, City of Beaumont and the Grantee agree as follows: Subject to the provisions of this Grant Agreement, the City of Beaumont will make the funding assistance available to the Grantee upon execution of the Agreement by both parties. This assistance will be funded in whole by the U. S. Department of Housing and Urban Development, Community Development Block Grant Program B-95- MC-48-0003. Funding for this project will not exceed $15,000 (fifteen thousand dollars) . The utilization of the funding assistance provided is subject to the requirements of all federal, state and local laws, ordinances, rules and regulations. EXHIBIT "A" j 1. Statement of fork The Grantee, located at Pearl and Forsyth, shall use the funds ($15, 000) for roof repair of a facility that provides health care for children from low income families. The Grantee shall provide to the City of Beaumont an itemized budget detailing the expenditures and encumbrances. Reports will be due 90 days after execution of this agreement. 2. RECORDS AND REPORTS The Grantee shall submit to the City of Beaumont and maintain documentation that reflects the race, ethnicity, age, sex, family size and income status of the beneficiaries served. Reports will be due on November 30, 1995. Failure to submit said records may jeopardize funding. 3. PROGRAM INCOME The Grantee agrees that any program income on hand, after the agreement expires, shall be returned to the City of Beaumont. 4. UNIFORM ADMINISTRATIVE REQUIREMENTS Grantee agrees to comply with the applicable requirements and standards of (24 CFR Part 85) "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, " said provisions being incorporated herein by reference. 5. OTHER PROGRAM REQUIREMENTS The Grantee agrees to comply with all applicable Federal laws and regulations described in Subpart K of (24 CFR 570. 600) , said provision being incorporated herein by referenced. 6. CONDITIONS OF RELIGIOUS ORGANIZATIONS Pursuant to conditions prescribed by the Department of Housing and Urban Development, the Grantee will not and shall not: a. discriminate against any employee or applicant for employment on basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; b. discriminate against any persons seeking emergency shelter and related services on the basis of religion and will not limit employment to persons on the basis of religion; and, C. require religious instruction or counseling, religious workshops or services, or engage in religious proselytizing, and exert other religious influence in the provision of services. 7. SUSPENSION AND TERMINATION The Grantee agrees and understands that, in accordance with 24 CFR 85.43 of Subpart K, incorporated herein by reference, suspension or termination of the grant may occur if the Grantee fails to comply with any term of this agreement or federal state and local laws, ordinances, rules and regulations. The Grantee further agrees and understands in accordance with 24 CFR 85.44 of Subpart K, incorporated herein by reference, that the grant award may be terminated for convenience. The Grantee further understands that all grant monies shall be expended on or before March 31, 1996. S. REVERSION OF ASSETS Upon expiration of the grant, the Grantee agrees to and shall transfer to the City of Beaumont any grant funds on hand and any accounts receivable attributable to the use of grant funds. 9. DISBURSEMENT Disbursement of grant funds will follow City procedure on City checks payable to Grantee or a vendor which has been approved by the Grantee and the City. Grantee will submit invoices, canceled checks, payroll records, service contracts or other necessary support documentation as requested by the City, to insure that expenses outlined in paragraph 1 (Statement of Work) have been incurred. 10. INDEPENDENT CONTRACTOR 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/work and all persons involved in same subject only to the terms of this contract and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, sub-contractors, program participants, licensees and invitees. It is expressly understood and agreed that no officer, member, agent, servant, employee, sub-contractor, licensee or invitee of Grantee nor any program participant hereunder is in the paid services of the City and the City does not have legal right to control the actual program/work funded hereunder. 11. LOSS, DAMAGE, PERSONAL INJURY Grantee covenants and agrees to indemnify, hold harmless and defend, at its own expense, 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. 12. MISUSE, MISAPPROPRIATED, MISAPPLIED In the event it is determined that the Grantee has misused, misapplied or misappropriated all or any part of the grant funds described herein, Grantee agrees to indemnify, hold harmless and defend the City and its officers, agents, servants and employees from and against any and all claims or suits resulting from such misuse, misapplication or misappropriation of such funds, and to reimburse the City the amount of such money misused, misapplied or misappropriated. 13. CONFLICT OF INTEREST No officer, employee, member or program participant of Grantee or its contractors or sub-contractors shall have a financial interest, direct of indirect, in this contract or the monies transferred hereunder, or be financially interested, directly or indirectly, in the sale to Grantee of any material or services purchased with any funds transferred or expended hereunder. Any violation of this paragraph with the knowledge, expressed or implied, of Grantee or its contractors or sub-contractors, shall render this contract voidable by the City of Beaumont. 14. INVALID REPRESENTATION The provisions of the 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 without the invalid provision. 15. LABOR STANDARDS The Grantee agrees and understands that, in accordance with 24 CFR 570. 603, incorporated here in by reference, all laborers and mechanics employed by contractors or sub-contractors on construction work financed in whole or in part (in excess of $2, 000) with assistance received under Title I of the Housing and Community Development act of 1974, as amended, shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis Bacon act, as amended. Grantee also agrees to have Constructors or Sub-Contractors comply with all Labor Standard Provisions. (See Attached Federal Wage Determination and Labor Standard Provisions) 16. PERFORMANCE 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 provision -on any future occasion. 17. INSTRUMENT This written instrument constitutes the entire agreement by parties hereto concerning the matters performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof are void. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Beaumont, Jefferson County, Texas, this day of A.D. , 19 CITY OF BEAUMONT� TEXAS: By Attest: Title Date THE GRANTEE: By Attest: Title Date CITY OF BEAUMONT, TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT AGREEMENT This Grant Agreement is made by and between the City of Beaumont, Texas and The Salvation Army Boy's and Girl 's Club (the Grantee) pursuant to the authority of Resolution , passed by the Beaumont City Council on The Grantee's submission for Public Service funds under 24 CFR Part 570 (as now in effect and as may be amended from time to time) , are incorporated by reference, and constitute part of the agreement. In reliance upon and in consideration of the mutual representations and obligations hereunder, City of Beaumont and the Grantee agree as follows: Subject to the provisions of this Grant Agreement, the City of Beaumont will make the funding assistance available to the Grantee upon execution of the Agreement by both parties. This assistance will be funded in whole by the U. S. Department of Housing and Urban Development, Community Development Block Grant Program B-95- MC-48-0003. Funding for this project will not exceed $32,270 (thirty-two thousand two hundred and seventy dollars) . The utilization of the funding assistance provided is subject to the requirements of all federal, state and local laws, ordinances, rules and regulations. EXHIBIT "B" 1. Statement of Work The Grantee, located at 1616 Sabine Pass, shall use the funds ($32,270) for operational cost to operate an education program for for children from low income families. The Grantee shall provide to the City of Beaumont an itemized budget detailing the expenditures and encumbrances. Reports will be due 90 days after execution of this agreement. 2. RECORDS AND REPORTS The Grantee shall submit to the City of Beaumont and maintain documentation that reflects the race, ethnicity, age, sex, family size and income status of the beneficiaries served. Reports will be due on November 30, 1995. Failure to submit said records may jeopardize funding. 3. PROGRAM INCOME The Grantee agrees that any program income on hand, after the agreement expires, shall be returned to the City of Beaumont. 4. UNIFORM ADMINISTRATIVE REQUIREMENTS Grantee agrees to comply with the applicable requirements and standards of (24 CFR Part 85) "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, " said provisions being incorporated herein by reference. S. OTHER PROGRAM REQUIREMENTS The Grantee agrees to comply with all applicable Federal laws and regulations described in Subpart K of (24 CFR 570. 600) , said provision being incorporated herein by referenced. d 6. CONDITIONS OF RELIGIOUS ORGANIZATIONS Pursuant to conditions prescribed by the Department of Housing and Urban Development, the Grantee will not and shall not: a. discriminate against any employee or applicant for employment on basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; b. discriminate against any persons seeking emergency shelter and related services on the basis of religion and will not limit employment to persons on the basis of religion; and, C. require religious instruction or counseling, religious workshops or services, or engage in religious proselytizing, and exert other religious influence in the provision of services. 7. SUSPENSION AND TERMINATION The Grantee agrees and understands that, in accordance with 24 CFR 85.43 of Subpart K, incorporated herein by reference, suspension or termination of the grant may occur if the Grantee fails to comply with any term of this agreement or federal state and local laws, ordinances, rules and regulations. The Grantee further agrees and understands in accordance with 24 CFR 85.44 of Subpart K, incorporated herein by reference, that the grant award may be terminated for convenience. The Grantee further understands that all grant monies shall be expended on or before March 31, 1996. 8. REVERSION OF ASSETS Upon expiration of the grant, the Grantee agrees to and shall transfer to the City of Beaumont any grant funds on hand and any accounts receivable attributable to the use of grant funds. 9. DISBURSEMENT Disbursement of grant funds will follow City procedure on City checks payable to Grantee or a vendor which has been approved by the Grantee and the City. Grantee will submit invoices, canceled checks, payroll records, service contracts or other necessary support documentation as requested by the City, to insure that expenses outlined in paragraph 1 (Statement of Work) have been incurred. 10. INDEPENDENT CONTRACTOR 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/work and all persons involved in same subject only to the terms of this contract and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, sub-contractors, program participants, licensees and invitees. It is expressly understood and agreed that no officer, member, agent, servant, employee, sub-contractor, licensee or invitee of Grantee nor any program participant hereunder is in the paid services of the City and the City does not have legal right to control the actual program/work funded hereunder. 11. LOSS, DAMAGE, PERSONAL INJURY Grantee covenants and agrees to indemnify, hold harmless and defend, at its own expense, 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. 12. MISUSE, MISAPPROPRIATED, MISAPPLIED In the event it is determined that the Grantee has misused, misapplied or misappropriated all or any part of the grant funds described herein, Grantee agrees to indemnify, hold harmless and defend the City and its officers, agents, servants and employees from and against any and all claims or suits resulting from such misuse, misapplication or misappropriation of such funds, and to reimburse the City the amount of such money misused, misapplied or misappropriated. 13. CONFLICT OF INTEREST No officer, employee, member or program participant of Grantee or its contractors or sub-contractors shall have a financial interest, direct of indirect, in this contract or the monies transferred hereunder, or be financially interested, directly or indirectly, in the sale to Grantee of any material or services purchased with any funds transferred or expended hereunder. Any violation of this paragraph with the knowledge, expressed or implied, of Grantee or its contractors or sub-contractors, shall render this contract voidable by the City of Beaumont. i t 6 4 14. INVALID REPRESENTATION The provisions of the 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 without the invalid provision. 15. LABOR STANDARDS The Grantee agrees and understands that, in accordance with 24 CFR 570. 603, incorporated here in by reference, all laborers and mechanics employed by contractors or sub-contractors on construction work financed in whole or in part (in excess of $2, 000) with assistance received under Title I of the Housing and Community Development act of 1974, as amended, shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis Bacon act, as amended. Grantee also agrees to have Constructors or Sub-Contractors comply with all Labor Standard Provisions. (See Attached Federal Wage Determination and Labor Standard Provisions) 16. PERFORMANCE 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 provision on any future occasion. n a 17. INSTRUMENT This written instrument constitutes the entire agreement by parties hereto concerning the matters performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof are void. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Beaumont, Jefferson County, Texas, this day of A.D. , 19 CITY OF BEAUMONT, TEXAS: By Attest: Title Date THE GRANTEE: By Attest: Title Date 9 CITY OF BEAUMONT# TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT AGREEMENT This Grant Agreement is made by and between the City of Beaumont, Texas and the Melton Center (the Grantee) pursuant to the authority of Resolution , passed by the Beaumont City Council on . The Grantee's submission for Acquisition funds under 24 CFR Part 570 (as now in effect and as may be amended from time to time) , are incorporated by reference, and constitute part of the agreement. In reliance upon and in consideration of the mutual representations and obligations hereunder, City of Beaumont and the Grantee agree as follows: Subject to the provisions of this Grant Agreement, the City of Beaumont will make the funding assistance available to the Grantee upon execution of the Agreement by both parties. This assistance will be funded in whole by the U. S. Department of Housing and Urban Development, Community Development Block Grant Program B-95- MC-48-0003. Funding for this project will not exceed $32,270 (thirty-two thousand two hundred and seventy dollars) . The utilization of the funding assistance provided is subject to the requirements of all federal, state and local laws, ordinances, rules and regulations. EXHIBIT "C" g 1..,O-tatement of Work The Grantee, located at 1785 Washington Blvd. , shall use the funds ($32,270) fgr- the acquisiton of a facility that provides day care for, mentally ill persons from low income families. The Grantee shall provide to the City of Beaumont an itemized budget detailing the expenditures and encumbrances. Reports will be due 90 days after execution of this agreement. The project cost includes: 2. RECORDS AND REPORTS The Grantee shall submit to the City of Beaumont and maintain documentation that reflects the race, ethnicity, age, sex, family size and income status of the beneficiaries served. Reports will be due on November 30, 1995. Failure to submit said records may jeopardize funding. 3. PROGRAM INCOME The Grantee agrees that any program income on hand, after the agreement expires, shall be returned to the City of Beaumont. 4. UNIFORM ADMINISTRATIVE REQUIREMENTS Grantee agrees to comply with the applicable requirements and standards of (24 CFR Part 85) "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, " said provisions being incorporated herein by reference. S. OTHER PROGRAM REQUIREMENTS The Grantee agrees to comply with all applicable Federal laws and regulations described in Subpart K of (24 CFR 570. 600) , said provision being incorporated herein by referenced. t , 6. CONDITIONS OF RELIGIOUS OR ANIZATIONS Pursuant to conditions prescribed by the Department of Housing and Urban Development, the Grantee will not and shall not: a. discriminate against any employee or applicant for employment on basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; b. discriminate against any persons seeking emergency shelter and related services on the basis of religion and will not limit employment to persons on the basis of religion; and, C. require religious instruction or counseling, religious workshops or services, or engage in religious proselytizing, and exert other religious influence in the provision of services. 7. SUSPENSION AND TERMINATION The Grantee agrees and understands that, in accordance with 24 CFR 85.43 of Subpart K, incorporated herein by reference, suspension or termination of the grant may occur if the Grantee fails to comply with any term of this agreement or federal state and local laws, ordinances, rules and regulations. The Grantee further agrees and understands in accordance with 24 CFR 85.44 of Subpart K, incorporated herein by reference, that the grant award may be terminated for convenience. The Grantee further understands that all grant monies shall be expended on or before September 30, 1996. 8. REVERSION OF ASSETS Upon expiration of the grant, the Grantee agrees to and shall transfer to the City of Beaumont any grant funds on hand and any accounts receivable attributable to the use of grant funds. a b fr 9. DISBURSEMENT Disbursement of grant funds will follow City procedure on City checks payable to Grantee or a vendor which has been approved by the Grantee and the City. Grantee will submit invoices, canceled checks, payroll records, service contracts or other necessary support documentation as requested by the City, to insure that expenses outlined in paragraph 1 (Statement of Work) have been incurred. 10. INDEPENDENT CONTRACTOR 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/work and all persons involved in same subject only to the terms of this contract and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, sub-contractors, program participants, licensees and invitees. It is expressly understood and agreed that no officer, member, agent, servant, employee, sub-contractor, licensee or invitee of Grantee nor any program participant hereunder is in the paid services of the City and the City does not have legal right to control the actual program/work funded hereunder. 11. LOSS, DAMAGE, PERSONAL INJURY Grantee covenants and agrees to indemnify, hold harmless and defend, at its own expense, 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 c e 5 4 k 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. 12. MISUSE, MISAPPROPRIATED, MISAPPLIED In the event it is determined that the Grantee has misused, misapplied or misappropriated all or any part of the grant funds described herein, Grantee agrees to indemnify, hold harmless and defend the City and its officers, agents, servants and employees from and against any and all claims or suits resulting from such misuse, misapplication or misappropriation of such funds, and to reimburse the City the amount of such money misused, misapplied or misappropriated. 13. CONFLICT OF INTEREST No officer, employee, member or program participant of Grantee or its contractors or sub-contractors shall have a financial interest, direct of indirect, in this contract or the monies transferred hereunder, or be financially interested, directly or indirectly, in the sale to Grantee of any material or services purchased with any funds transferred or expended hereunder. Any violation of this paragraph with the knowledge, expressed or implied, of Grantee or its contractors or sub-contractors, shall render this contract voidable by the City of Beaumont. 14. INVALID REPRESENTATION The provisions of the agreement are severable, and if for any S 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 without the invalid provision. 15. LABOR STANDARDS The Grantee agrees and understands that, in accordance with 24 CFR 570. 603, incorporated here in by reference, all laborers and mechanics employed by contractors or sub-contractors on construction work financed in whole or in part (in excess of $2, 000) with assistance received under Title I of the Housing and Community Development act of 1974, as amended, shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis Bacon act, as amended. Grantee also agrees to have Constructors or Sub-Contractors comply with all Labor Standard Provisions. (See Attached Federal Wage Determination and Labor Standard Provisions) 16. PERFORMANCE 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 provision on any future occasion. n 17. INSTRUMENT This written instrument constitutes the entire agreement by parties hereto concerning the matters performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof are void. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Beaumont, Jefferson County, Texas, this day of A.D. , 19 CITY OF BEAUMONT, TEXAS: By Attest: Title Date THE GRANTEE: By Attest: Title Date r o CITY OF BEAUMONT, TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT AGREEMENT This Grant Agreement is made by and between the City of Beaumont, Texas and Habitat for Humanity (the Grantee) pursuant to the authority of Resolution , passed by the Beaumont City Council on The Grantee's submission for Public Service funds under 24 CFR Part 570 (as now in effect and as may be amended from time to time) , are incorporated by reference, and constitute part of the agreement. In reliance upon and in consideration of the mutual representations and obligations hereunder, City of Beaumont and the Grantee agree as follows: Subject to the provisions of this Grant Agreement, the City of Beaumont will make the funding assistance available to the Grantee upon execution of the Agreement by both parties. This assistance will be funded in whole by the U. S. Department of Housing and Urban Development, Community Development Block Grant Program B-95- MC-48-0003. Funding for this project will not exceed $46,100 (forty-six thousand one hundred dollars) . The utilization of the funding assistance provided is subject to the requirements of all federal, state and local laws, ordinances, rules and regulations. EXHIBIT "D" 1. Statement of Work The Grantee, located at 660 Calder, shall use the funds ($46, 100) for operational costs associated with the construction of three homes for low income families. The operational cost include: maintenance ($9, 100) , and administration ($37, 000) . The Grantee shall provide to the City of Beaumont an itemized budget detailing the expenditures and encumbrances. Reports will be due 90 days after execution of this agreement. 2. RECORDS AND REPORTS The Grantee shall submit to the City of Beaumont and maintain documentation that reflects the race, ethnicity, age, sex, family size and income status of the beneficiaries served. Reports will be due on November 30, 1995. Failure to submit said records may jeopardize funding. 3. PROGRAM INCOME The Grantee agrees that any program income on hand, after the agreement expires, shall be returned to the City of Beaumont. 4. UNIFORM ADMINISTRATIVE REQUIREMENTS Grantee agrees to comply with the applicable requirements and standards of (24 CFR Part 85) "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, " said provisions being incorporated herein by reference. 5. OTHER PROGRAM REQUIREMENTS The Grantee agrees to comply with all applicable Federal laws and regulations described in Subpart K of (24 CFR 570.600) , said provision being incorporated herein by referenced. o 6. CONDITIONS OF RELIGIOUS ORGANIZATIONS Pursuant to conditions prescribed by the Department of Housing and Urban Development, the Grantee will not and shall not: a. discriminate against any employee or applicant for employment on basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; b. discriminate against any persons seeking emergency shelter and related services on the basis of religion and will not limit employment to persons on the basis of religion; and, C. require religious instruction or counseling, religious workshops or services, or engage in religious proselytizing, and exert other religious influence in the provision of services. 7. SUSPENSION AND TERMINATION The Grantee agrees and understands that, in accordance with 24 CFR 85.43 of Subpart K, incorporated herein by reference, suspension or termination of the grant may occur if the Grantee fails to comply with any term of this agreement or federal state and local laws, ordinances, rules and regulations. The Grantee further agrees and understands in accordance with 24 CFR 85.44 of Subpart K, incorporated herein by reference, that the grant award may be terminated for convenience. The Grantee further understands that all grant monies shall be expended on or before March 31, 1996. S. REVERSION OF ASSETS Upon expiration of the grant, the Grantee agrees to and shall transfer to the City of Beaumont any grant funds on hand and any accounts receivable attributable to the use of grant funds. 9. DISBURSEMENT Disbursement of grant funds will follow City procedure on City checks payable to Grantee or a vendor which has been approved by the Grantee and the City. Grantee will submit invoices, canceled checks, payroll records, service contracts or other necessary support documentation as requested by the City, to insure that expenses outlined in paragraph 1 (Statement of Work) have been incurred. 10. INDEPENDENT CONTRACTOR 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/work and all persons involved in same subject only to the terms of this contract and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, sub-contractors, program participants, licensees and invitees. It is expressly understood and agreed that no officer, member, agent, servant, employee, sub-contractor, licensee or invitee of Grantee nor any program participant hereunder is in the paid services of the City and the City does not have legal right to control the actual program/work funded hereunder. 11. LOSS, DAMAGE, PERSONAL INJURY Grantee covenants and agrees to indemnify, hold harmless and defend, at its own expense, 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. 12. MISUSE, MISAPPROPRIATED, MISAPPLIED In the event it is determined that the Grantee has misused, misapplied or misappropriated all or any part of the grant funds described herein, Grantee agrees to indemnify, hold harmless and defend the City and its officers, agents, servants and employees from and against any and all claims or suits resulting from such misuse, misapplication or misappropriation of such funds, and to reimburse the City the amount of such money misused, misapplied or misappropriated. 13. CONFLICT OF INTEREST No officer, employee, member or program participant of Grantee or its contractors or sub-contractors shall have a financial interest, direct of indirect, in this contract or the monies transferred hereunder, or be financially interested, directly or indirectly, in the sale to Grantee of any material or services purchased with any funds transferred or expended hereunder. Any violation of this paragraph with the knowledge, expressed or implied, of Grantee or its contractors or sub-contractors, shall render this contract voidable by the City of Beaumont. a 14. INVALID REPRESENTATION The provisions of the 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 without the invalid provision. 15. LABOR STANDARDS The Grantee agrees and understands that, in accordance with 24 CFR 570. 603, incorporated here in by reference, all laborers and mechanics employed by contractors or sub-contractors on construction work financed in whole or in part (in excess of $2, 000) with assistance received under Title I of the Housing and Community Development act of 1974, as amended, shall be paid wages at rates not less .than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis Bacon act, as amended. Grantee also agrees to have Constructors or Sub-Contractors comply with all Labor Standard Provisions. (See Attached Federal Wage Determination and Labor Standard Provisions) 16. PERFORMANCE 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 provision on any future occasion. 17. INSTRUMENT This written instrument constitutes the entire agreement by parties hereto concerning the matters performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof are void. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Beaumont, Jefferson County, Texas, this day of A.D. , 19 CITY OF BEAUMONT, TEXAS: By Attest: Title Date THE GRANTEE: By Attest: Title Date f CITY OF BEAUMONT, TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT AGREEMENT This Grant Agreement is made by and between the City of Beaumont, Texas and the Art Studio, Inc. (the Grantee) pursuant to the authority of Resolution passed by the Beaumont City Council on The Grantee's submission for Public Facility improvement funds under 24 CFR Part 570 (as now in effect and as may be amended from time to time) , are incorporated by reference, and constitute part of the agreement. In reliance upon and in consideration of the mutual representations and obligations hereunder, City of Beaumont and the Grantee agree as follows: Subject to the provisions of this Grant Agreement, the City of Beaumont will make the funding assistance available to the Grantee upon execution of the Agreement by both parties. This assistance will be funded in whole by the U. S. Department of Housing and Urban Development, Community Development Block Grant Program B-95- MC-48-0003. Funding for this project will not exceed $40,100 (forty thousand one hundred dollars) . The utilization of the funding assistance provided is subject to the requirements of all federal, state and local laws, ordinances, rules and regulations. EXHIBIT "E" 1. Statement .of Work The Grantee, located -at-7.2-0 Franklin, shall use the funds ($40, 100) for A.D.A -.and . city code compliance for a facility that assist children from low/moderate income families with educational opportunities in the field of art. The scope of work includes: The renovation of the office area, work area and breakroom ($25, 000) , access ramps for disabled persons ($10,000) and restrooms that will accommodated disabled persons ($5, 000) . The Grantee shall provide to the City of Beaumont an itemized budget detailing the expenditures and encumbrances. Reports will be due 90 days after execution of this agreement. 2. RECORDS AND REPORTS The Grantee shall submit to the City of Beaumont and maintain documentation that reflects the race, ethnicity, age, sex, family size and income status of the beneficiaries served. Reports will be due on November 30, 1995. Failure to submit said records may jeopardize funding. 3. PROGRAM INCOME The Grantee agrees that any program income on hand, after the agreement expires, shall be returned to the City of Beaumont. 4. UNIFORM ADMINISTRATIVE REQUIREMENTS Grantee agrees to comply with the applicable requirements and standards of (24 CFR Part 85) "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, " said provisions being incorporated herein by reference. S. OTHER PROGRAM REQUIRMMENTr� The Grantee agrees to comply with ,.ii ;ppticable Federal laws and regulations described ir. stjr,;,art K of (24 CFR 570.600) , said provision beir=ci I...,.;orporated herein by referenced. 6. CONDITIONS OF RELIGIOUS ORGANIZATIONS Pursuant to conditions prescribed by the Department of Housing and Urban Development, the Grantee will not and shall not: a. discriminate against any employee or applicant for employment on basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; b. discriminate against any persons seeking emergency shelter and related services on the basis of religion and will not limit employment to persons on the basis of religion; and, C. require religious instruction or counseling, religious workshops or services, or engage in religious proselytizing, and exert other religious influence in the provision of services. 7. SUSPENSION AND TERMINATION The Grantee agrees and understands that, in accordance with 24 CFR 85.43 of Subpart K, incorporated herein by reference, suspension or termination of the grant may occur if the Grantee fails to comply with any term of this agreement or federal state and local laws, ordinances, rules and regulations. The Grantee further agrees and understands in accordance with 24 CFR 85.44 of Subpart K, incorporated herein by reference, that the grant award may be terminated for convenience. The Grantee further understands that all grant monies shall be expended on or before March 31, 1996. 8. REVERSION OF ASSETS Upon expiration of the grant, the Grantee agrees to and shall transfer to the City of Beaumont any grant funds on hand and any accounts receivable attributable to the use of grant funds. 9. DISBURSEMENT Disbursement of grant funds will follow City procedure on City checks payable to Grantee or a vendor which has been approved by the Grantee and the City. Grantee will submit invoices, canceled checks, payroll records, service contracts or other necessary support documentation as requested by the City, to insure that expenses outlined in paragraph 1 (Statement of Work) have been incurred. 10. INDEPENDENT CONTRACTOR 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/work and all persons involved in same subject only to the terms of this contract and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, sub-contractors, program participants, licensees and invitees. It is expressly understood and agreed that no officer, member, agent, servant, employee, sub-contractor, licensee or invitee of Grantee nor any program participant hereunder is in the paid services of the City and the City does not have legal right to control the actual program/work funded hereunder. 11. LOSS, DAMAGE, PERSONAL INJURY Grantee covenants and agrees to indemnify, hold harmless and defend, at its own expense, 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. 12. MISUSE, MISAPPROPRIATED, MISAPPLIED In the event it is determined that the Grantee has misused, misapplied or misappropriated all or any part of the grant funds described herein, Grantee agrees to indemnify, hold harmless and defend the City and its officers, agents, servants and employees from and against any and all claims or suits resulting from such misuse, misapplication or misappropriation of such funds, and to reimburse the City the amount of such money misused, misapplied or misappropriated. 13., CONFLICT OF INTEREST No officer, employee, member or program participant of Grantee or its contractors or sub-contractors shall have a financial interest, direct of indirect, in this contract or the monies transferred hereunder, or be financially interested, directly or indirectly, in the sale to Grantee of any material or services purchased with any funds transferred or expended hereunder. Any violation of this paragraph with the knowledge, expressed or implied, of Grantee or its contractors or sub-contractors, shall render this contract voidable by the City of Beaumont. 14. INVALID REPRESENTATION The provisions of the 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 without the invalid provision. 15. LABOR STANDARDS The Grantee agrees and understands that, in accordance with 24 CFR 570. 603, incorporated here in by reference, all laborers and mechanics employed by contractors or sub-contractors on construction work financed in whole or in part (in excess of $2, 000) with assistance received under Title I of the Housing and Community Development act of 1974, as amended, shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis Bacon act, as amended. Grantee also agrees to have Constructors or Sub-Contractors' comply with all Labor Standard Provisions. (See Attached Federal Wage Determination and Labor Standard Provisions) 16. PERFORMANCE 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 provision on any future occasion. 17. INSTRUMENT This written instrument constitutes the entire agreement by parties hereto concerning the matters performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof are void. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Beaumont, Jefferson County, Texas, this day of If A.D. , 19 CITY OF BEAUMONT, TEXAS: By Attest: Title Date THE GRANTEE: By Attest: Title Date CITY OF BEAUMONT, TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ' GRANT AGREEMENT This Grant Agreement is made by and between the City of Beaumont, Texas and the Police Activities League (the Grantee) pursuant to the authority of Resolution , passed by the Beaumont City Council on The Grantee's submission for Public Service funds under 24 CFR Part 570 (as now in effect and as may be amended from time to time) , are incorporated by reference, and constitute part of the agreement. In reliance upon and in consideration of the mutual representations and obligations hereunder, City of Beaumont and the Grantee agree as follows: Subject to the provisions of this Grant Agreement, the City of Beaumont will make the funding assistance available to the Grantee upon execution of- the Agreement by both parties. This assistance will be funded in whole by the U. S. Department of Housing and Urban Development, Community Development Block Grant Program B-95- MC-48-0003. Funding for this project will not exceed $21,200 (twenty-one thousand two hundred dollars) . The utilization of the funding assistance provided is subject to the requirements of all federal, state and local laws, ordinances, rules and regulations. EXHIBIT "F" 1. Statement of Work The Grantee, located at P.O. Box 3827, shall use the funds ($21,200) for administrative costs, equipment and registration fees for a program that provides activities for children from low income families. The Grantee shall provide to the City of Beaumont an itemized budget detailing the expenditures and encumbrances. Reports will be due 90 days after execution of this agreement. 2. RECORDS AND REPORTS The Grantee shall submit to the City of Beaumont and maintain documentation that reflects the race, ethnicity, age, sex, family size and income status of the beneficiaries served. Reports will be due on November 30, 1995. Failure to submit said records may jeopardize funding. 3. PROGRAM INCOME The Grantee agrees that any program income on hand, after the agreement expires, shall be returned to the City of Beaumont. 4. UNIFORM ADMINISTRATIVE REQUIREMENTS. Grantee agrees to comply with the applicable requirements and standards of (24 CFR Part 85) "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, " said provisions being incorporated herein by reference. S. OTHER PROGRAM REQUIREMENTS The Grantee agrees to comply with all applicable Federal laws and regulations described in Subpart K of (24 CFR 570. 600) , said provision being incorporated herein by referenced. 6. CONDITIONS OF RELIGIOUS ORGANIZATIONS Pursuant to conditions prescribed by the Department of Housing and Urban Development, the Grantee will not and shall not: a. discriminate against any employee or applicant for employment on basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; b. discriminate against any persons seeking emergency shelter and related services on the basis of religion and will not limit employment to persons on the basis of religion; and, C. require religious instruction or counseling, religious workshops or services, or engage in religious proselytizing, and exert other religious influence in the provision of services. 7. SUSPENSION AND TERMINATION The Grantee agrees and understands that, in accordance with 24 CFR 85.43 of Subpart K, incorporated herein by reference, suspension or termination of the grant may occur if the Grantee fails to comply with any term of this agreement or federal state and local laws, ordinances, rules and regulations. The Grantee further agrees and understands in accordance with 24 CFR 85.44 of Subpart K, incorporated herein by reference, that the grant award may be terminated for convenience. The Grantee further understands that all grant monies shall be expended on or before March 31, 1996. S. REVERSION OF ASSETS Upon expiration of the grant, the Grantee agrees to and shall transfer to the City of Beaumont any grant funds on hand and any accounts receivable attributable to the use of grant funds. 9. DISBURSEMENT Disbursement of grant funds will follow City procedure on City checks payable to Grantee or a vendor which has been approved by the Grantee and the City. Grantee will submit invoices, canceled checks, payroll records, service contracts or other necessary support documentation as requested by the City, to insure that expenses outlined in paragraph 1 (Statement of Work) have been incurred. 10. INDEPENDENT CONTRACTOR 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/work and all persons involved in same subject only to the terms of this contract and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, sub-contractors, program participants, licensees and invitees. It is expressly understood and agreed that no officer, member, agent, servant, employee, sub-contractor, licensee or invitee of Grantee nor any program participant hereunder is in the paid services of the City and the City does not have legal right to control the actual program/work funded hereunder. il. LOSS, DAMAGE, PERSONAL INJURY Grantee covenants and agrees to indemnify, hold harmless and defend, at its own expense, 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. 12. MISUSE, MISAPPROPRIATED, MISAPPLIED In the event it is determined that the Grantee has misused, misapplied or misappropriated all or any part of the grant funds described herein, Grantee agrees to indemnify, hold harmless and defend the City and its officers, agents, servants and employees from and against any and all claims or suits resulting from such misuse, misapplication or misappropriation of such funds, and to reimburse the City the amount of such money misused, misapplied or misappropriated. 13. CONFLICT OF INTEREST No officer, employee, member or program participant of Grantee or its contractors or sub-contractors shall have a financial interest, direct of indirect, in this contract or the monies transferred hereunder, or be financially interested, directly or indirectly, in the sale to Grantee of any material or services purchased with any funds transferred or expended hereunder. Any violation of this paragraph with the knowledge, expressed or implied, of Grantee or its contractors or sub-contractors, shall render this contract voidable by the City of Beaumont. 14. INVALID REPRESENTATION The provisions of the 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 without the invalid provision. 15. LABOR STANDARDS The Grantee agrees and understands that, in accordance with 24 CFR 570. 603 , incorporated here in by reference, all laborers and mechanics employed by contractors or sub-contractors on construction work financed in whole or in part (in excess of $2,000) with assistance received under Title I of the Housing and Community Development act of 1974, as amended, shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis Bacon act, as amended. Grantee also agrees to have Constructors or Sub-Contractors comply with all Labor Standard Provisions. (See Attached Federal Wage Determination and Labor Standard Provisions) 16. PERFORMANCE 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 provision on any future occasion. m w { r [ a 3 3 [ [ 17. INSTRUMENT This written instrument constitutes the entire agreement by parties hereto concerning the matters performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof are void. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Beaumont, Jefferson County, Texas, this day of A.D-. 19 CITY OF BEAUMONT, TEXAS: By Attest: Title Date THE GRANTEE: By Attest: Title Date Y 4 STATE OF TEXAS COUNTY OF JEFFERSON This agreement is made and entered into by and between the City of Beaumont, Texas, a municipal corporation of the State of Texas, hereinafter called "City", acting herein by and through its duly authorized City Manager, and BUILD, Inc. , a non-profit corporation, hereinafter called "BUILD", acting herein by and through its President. WHEREAS, the City believes that economic development and downtown revitalization are crucial to the continued economic success of City and believes that BUILD should be retained to carry out a program of work on behalf of City to accomplish these goals; NOW, THEREFORE, in consideration of the mutual promises made herein, the City and BUILD agree as follows: STATEMENT OF WORK City does hereby enter into a contract with BUILD to provide a comprehensive range of plans and projects in Beaumont directed at economic development and downtown revitalization by: a) promoting the physical and social development, redevelopment and economic well being of downtown Beaumont; b) creating an environment in the downtown area which is conducive to residential, commercial, employment, recreational and cultural- artistic revitalization; C) attracting new employers; d) complying with all provisions of the Contract for Services - Urban Main Street program between BUILD and the Texas Historical Commission as presented in Attachment I; and, EXHIBIT "G" fi < e) Utilizing the Community Development Block Grant (CDBG) portion of the grant commitment for administrative purposes which includes but is not limited to salaries. COMPENSATION City hereby agrees to pay to BUILD during the term of this agreement Twenty-Three Thousand Fifty Dollars ($23, 050) from the City's General Fund and Twenty-Three Thousand Fifty Dollars ($23,050) from the City's CDBG B-95-MC-48-0003 allocation. BUILD agrees to raise at least Fifty Thousand ($50, 000) in additional funding from the private sector to match the City's financial commitment. DISBURSEMENT Payment to BUILD will be made on a reimbursement basis and those payments will be supported by proper verifiable documentation. RECORDS AND REPORTS Quarterly progress reports detailing the activities and accomplishments of BUILD, emphasizing compliance with the Urban Main Street Program, will be due thirty (30) days following the end of the quarter beginning with the quarter ending September 30, 1995. In addition to said quarterly reports, BUILD will also provide an annual review related specifically to the Urban Main Street Program covering the period of this agreement due on September 31, 1996. PROGRAM INCOME BUILD agrees to return to the City's Federal Community Development Block Grant Program fund any program income arising from the use of the federal funds received pursuant to this contract. e � N UNIFORM ADMINISTRATIVE REQUIREMENTS AND OTHER PROGRAM REQUIREMENTS When utilizing the federal funds BUILD agrees to comply with the requirements and standard of (24 CFR Part 85) "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, " and with all applicable Federal laws and regulations described in Subpart K of (24 CFR 570. 600) , said provisions incorporated herein by reference. REVERSION OF ASSETS BUILD agrees to return any unexpended City General Funds and/or federal Community Development Block Grant funds BUILD has on hand at the expiration of this agreement at the City's request or, with express written permission, utilize the funds in the continuation of the Statement of Work set forth in this agreement. SUSPENSION AND TERMINATION The term of this agreement will be August 1995 through August 1996.. Suspension and/or termination may occur if BUILD fails to comply with any or all provisions of this agreement or for convenience. ACCESSIBILITY OF RECORDS The City retains the right to inspect and/or audit the records of BUILD, Inc. as they consider necessary to assure compliance with this agreement. LOSS, DAMAGE, PERSONAL INJURY BUILD agrees to indemnify, hold harmless and defend, at its own expense, the City of Beaumont and its officers, agents, servants, and employees, from and against any and all claims, causes of action and damages of every kind arising out of or in conjunction with the execution, 4 A n u performance attempted performance or non-performance of this contract or from the operations and actions of BUILD, Inc. , its officers, agents and employees. EXECUTED in duplicate originals this the day of 1995. City of Beaumont By: City Manager "CITY" ATTEST: By: City Clerk BUILD, INC. By: President "BUILD" ATTEST: By: CITY OF BEAUMONT, TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT AGREEMENT This Grant Agreement is made by and between the City of Beaumont, Texas and the Youth Rescue Mission (the Grantee) pursuant to the authority of Resolution , passed by the Beaumont City Council on The Grantee's submission for Public Facility & Improvement funds under 24 CFR Part 570 (as now in effect and as may be amended from time to time) , are incorporated by reference, and constitute part of the agreement. In reliance upon and in consideration of the mutual representations and obligations hereunder, City of Beaumont and the Grantee agree as follows: Subject to the provisions of this Grant Agreement, the City of Beaumont will make the funding assistance available to the Grantee upon execution of the Agreement by both parties. This assistance will be funded in whole by the U. S. Department of Housing and Urban Development, Community Development Block Grant Program B-95- MC-48-0003. Funding for this project will not exceed $60,150 (sixty thousand one hundred and fifty dollars). The utilization of the funding assistance provided is subject to the requirements of all federal, state and local laws, ordinances, rules and regulations. EXHIBIT "H" 1. Statement of Work The Grantee, located at 1930 Franklin, shall use the funds ($60, 150) for Code compliance renovations to an Emergency shelter facility that houses youths from low income families. The renovation cost includes: The installation of an alarm system ($25, 150) , plumbing and fixture ($7,000) , purchase of kitchen equipment and fixtures ($8, 000) , installation of HVAC systems ($9, 000) , carpentry work ($9,000) , and contingencies ($2, 000) . The Grantee shall provide to the City of Beaumont an itemized budget detailing the expenditures and encumbrances. Reports will be due 90 days after execution of this agreement. 2. RECORDS AND REPORTS The Grantee shall submit to the City of Beaumont and maintain documentation that reflects the race, ethnicity, age, sex, family size and income status of the beneficiaries served. Reports will be due on September 30, 1995. Failure to submit said records may jeopardize funding. 3. PROGRAM INCOME The Grantee agrees that any program income on hand, after the agreement expires, shall be returned to the City of Beaumont. 4. UNIFORM ADMINISTRATIVE REQUIREMENTS Grantee agrees to comply with the applicable requirements and standards of (24 CFR Part 85) "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, " said provisions being incorporated herein by reference. S. OTHER PROGRAM REQUIREMENTS The Grantee agrees to comply with all applicable Federal laws and regulations described in Subpart K of (24 CFR 570. 600) , said provision being incorporated herein by referenced. 6. CONDITIONS OF RELIGIOUS ORGANIZATIONS Pursuant to conditions prescribed by the Department of Housing and Urban Development, the Grantee will not and shall not: a. discriminate against any employee or applicant for employment on basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; b. discriminate against any persons seeking emergency shelter and related services on the basis of religion and will not limit employment to persons on the basis of religion; and, C. require religious instruction or counseling, religious workshops or services, or engage in religious proselytizing, and exert other religious influence in the provision of services. 7. SUSPENSION AND TERMINATION The Grantee agrees and understands that, in accordance with 24 CFR 85.43 of Subpart K, incorporated herein by reference, suspension or termination of the grant may occur if the Grantee fails to comply with any term of this agreement or federal state and local laws, ordinances, rules and regulations. The Grantee further agrees and understands in accordance with 24 CFR 85.44 of Subpart K, incorporated herein by reference, that the grant award may be terminated for convenience. The Grantee further understands that all grant monies shall be expended on or before March 31, 1996. m n l R a 8. REVERSION OF ASSETS Upon expiration of the grant, the Grantee agrees to and shall transfer to the City of Beaumont any grant funds on hand and any accounts receivable attributable to the use of grant funds. 9. DISBURSEMENT Disbursement of grant funds will follow City procedure on City checks payable to Grantee or a vendor which has been approved by the Grantee and the City. Grantee will submit invoices, canceled checks, payroll records, service contracts or other necessary support documentation as requested by the City, to insure that expenses outlined in paragraph 1 (Statement of Work) have been incurred. 10. INDEPENDENT CONTRACTOR 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/work and all persons involved in same subject only to the terms of this contract and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, sub-contractors, program participants, licensees and invitees. It is expressly understood and agreed that no officer, member, agent, servant, employee, sub-contractor, licensee or invitee of Grantee nor any program participant hereunder is in the paid services of the City and the City does not have legal right to control the actual program/work funded hereunder. 11. LOSS, DAMAGE, PERSONAL INJURY Grantee covenants and agrees to indemnify, hold harmless and defend, at its own expense, 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. 12. MISUSE, MISAPPROPRIATED, MISAPPLIED In the event it is determined that the Grantee has misused, misapplied or misappropriated all or any part of the grant funds described herein, Grantee agrees to indemnify, hold harmless and defend the City and its officers, agents, servants and employees from and against any and all claims or suits resulting from such misuse, misapplication or misappropriation of such funds, and to reimburse the City the amount of such money misused, misapplied or misappropriated. 13. CONFLICT OF INTEREST No officer, employee, member or program participant of Grantee or its contractors or sub-contractors shall have a financial interest, direct of indirect, in this contract or the monies transferred hereunder, or be financially interested, directly or indirectly, in the sale to Grantee of any material or services purchased with any funds transferred or expended hereunder. Any violation of this paragraph with the knowledge, expressed or implied, of Grantee or its contractors or sub-contractors, shall render this contract voidable by the City of Beaumont. 14. INVALID REPRESENTATION The provisions of the 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 without the invalid provision. 15. LABOR STANDARDS The Grantee agrees and understands that, in accordance with 24 CFR 570. 603, incorporated here in by reference, all laborers and mechanics employed by contractors or sub-contractors on construction work financed in whole or in part (in excess of $2, 000) with assistance received under Title I of the Housing and Community Development act of 1974, as amended, shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis Bacon act, as amended. Grantee also agrees to have Constructors or Sub-Contractors comply with all Labor Standard Provisions. (See Attached Federal Wage Determination and Labor Standard Provisions) 16. PERFORMANCE 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 provision on any future occasion. 17. INSTRUMENT This written instrument constitutes the entire agreement by parties hereto concerning the matters performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof are void. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Beaumont, Jefferson County, Texas, this day of A.D. , 19 CITY OF BEAUMONT, TEXAS: By Attest: Title Date THE GRANTEE: By Attest: Title Date