HomeMy WebLinkAboutRES 06-339 RESOLUTION NO. 06-339
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the adoption of Housing Program Guidelines for
disaster recovery programs, specifically the Residential Emergency Repair Program,
Housing Rehabilitation Program and Single-Family Rental Rehabilitation Program,
substantially in the form attached hereto as Exhibits "A," "B," and "C."
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 31st day of
October, 2006.
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Mayor Guy N. Goodson -
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TDHCA Disaster Program
TDHCA Residential Emergency Repair Program Guidelines
Effective: November 1, 2006
The objective of the Residential Emergency Repair Program is to provide
assistance to homeowners with an urgent need for emergency repairs when they are
without sufficient resources to make those repairs themselves. This program is
designed to assist with "urgent need"repairs resulting from Hurricane Rita.
Who is Eligible?
As a homeowner, you may be eligible for assistance under this
program, if you meet all the following conditions:
A Your total household income is at or below 80% Median Area
Income.
A First priority will be given to persons age 62 and above who
are also disabled. Second priority will be to persons age 62
and above. Third priority will be to persons who are disabled.
There are no income limits imposed upon senior citizens.
Fourth priority will be to single head of households. Fifth
priority will be to all other qualified households on a first
come, first served basis.
A Your home (single-family dwelling unit) must be located within
the city limits of the City of Beaumont.
A Your home requires an urgent repair, which if left unattended,
would jeopardize the health and safety of the occupants.
Needed repairs must have resulted from hurricane force
winds and/or rain.
A You must own and occupy your property as your principal
residence on a year-round basis.
A You must hold the title to the property or contract for deed or contract for sale.
Contract for Deed or Contract for Sale is subject to time restrictions. You must have
lived and been in the process of buying the property for a minimum of one (1)year.
The period of time an applicant has lived in a property under a lease may be taken
into consideration in determining the one(1) year.
C TDHCA Disaster Program-Residential Emergency Repair Program
I Effective November 1,2006
Page 1 of 5
0 You must be a United States citizen or legal resident alien.
A You must complete the application process and your
application and requested repairs must be approved by the
City of Beaumont. Please note that all other disaster recovery
funds, including but not limited to homeowner's insurance
proceeds and funds from FEMA, Small Business
Administration (SBA), Red Cross, etc., must be used and
evidence provided, prior to the disbursement of any TDHCA
Disaster Program Residential Emergency Repair funds.
A Your property must meet all environmental restrictions and
regulations including floodplain, historical, lead-based paint,
etc. Properties in the 100-year floodplain or floodway are not
eligible for assistance.
If the inspection reveals any code violations that will not be repaired by the program,
the homeowner will be advised and encouraged to apply to the City's Minor Repair
Program.
What Types of Repairs are Eligible?
Generally, repairs that are an urgent need are eligible for assistance. Housing
Services Division staff will inspect the unit to determine if the repair is eligible.
Eligible Repairs:
❑ repairs necessary to protect the health and safety of the household members.
❑ repairs may include mechanical, plumbing, electrical, roofs, walls, floors, ceilings,
foundations, doors, windows, cooling and heating systems, building related
deficiencies, or repairs that involve hazards that would cause the unit to continue
to deteriorate.
The following are some examples of eligible repairs: Plumbing, Sewer Lines,
Electrical Wiring Systems, Roofs, etc.
❑ repairs not covered by insurance claims or other disaster related assistance.
Please note that all other disaster recovery funds including but not limited to homeowner's
insurance proceeds and funds from FEMA,SBA,Red Cross,etc.,must be used,and
evidence provided to Community Development Staff, prior to the disbursement of any
Residential Emergency Repair Program finds.Such evidence includes FEMA damage
assessment report, Insurance Adjuster's report or independent work write-up from a bonded
contractor,paid receipts and/or canceled checks. If owner has already spent insurance funds
for repairs,owner must provide proof of payment and detailed documentation of work
completed.
❑ funds must be used for buying materials and contracted labor.
TDHCA Disaster Progam-Residential Emergency Repair Prog—
Effective November 1,2006
Page 2 of 5
❑ removal of trees and debris
Repairs That Are Not Eligible:
❑ cosmetic repairs.
Cosmetic repairs will not be carried out under the program unless they are necessary to
make the immediate area,where the repair was completed, match the surrounding area as
much as possible.
❑ rental property and mobile homes are not eligible for assistance.
❑ there is no requirement that these repairs bring the house up to minimum
property standards.
What are the Maximum limits for the Program?
Eligible housing units may be assisted once.
❑ $24,000—any repairs over$24,000 will not be approved
❑ Lifetime Maximum: $24,000. Exception: Assistance may be provided upon
reoccurrence of a hurricane and funding is made available to the City and
approved for such assistance.
Repairs Completed: Once the repairs are completed and the contractor receives
payment, no additional repairs will be completed.
Limited Funds: Staff responds to requests for Emergency Repairs on a first-come-
first-served basis from eligible applicants based upon the date the completed
application is received. Although a specific amount of funding has been approved
by the Beaumont City Council, all program funding is subject to the availability of
TDHCA Disaster Program funds.
Does the Repair Need to be Paid Back?
Assistance is provided in the form of a grant and does not need to be paid back.
How do I Apply?
1. Contact the Housing Services Division for an application and inspection.
2. Complete the application process.
3. Submit required documentation, including Applicants Certification of Disability
(where applicable), a copy of your deed and proof that taxes and insurance are
current.
What Happens After I Apply?
❑ The City of Beaumont Housing Services Division will complete an inspection
to determine if the project is eligible. If eligible, you will receive instructions on
how to proceed.
❑ The City of Beaumont Housing Services Division will review the application
and will verify that federal guidelines and all other program requirements have
been met. If any information is found to be intentionally falsified, the
application will be rejected and the applicant will not be allowed to
reapply to this program.
TDHCA Disaster Program-Residential Emergency Repair program
Effective November 1,2006
Page 3 of 5
❑ You will receive written notice of the date the application is accepted or
rejected with details of the decision if the application is rejected.
❑ In the event your house is 45 years old or older, the Texas Historical
Commission may have to be notified.
❑ After your application has been accepted, get at least two written estimates
for the same work. If you are unable to get two estimates, contact the City of
Beaumont Housing Services Division. THE CONTRACTOR YOU SELECT MUST COME TO
OUR OFFICE LOCATED IN CITY HALL,ROOM 226,PRIOR TO BEGINNING ANY WORK TO SIGN AN
ASSURANCE STATEMENT THAT THE CITY'S STANDARD CONTRACTOR'S GUIDELINES WILL BE
ADHERED TO. NO PAYMENT WILL BE MADE FOR REPAIRS BY A CONTRACTOR WHO HAS NOT
PROVIDED SUCH ASSURANCE STATEMENT.
❑ When painted surfaces will be affected in a house built before 1978, the area
will be tested for lead based paint. A lead based paint inspection and/or risk
assessment shall be conducted by a licensed risk assessor. If your house is
found to have lead-based paint hazards, hazard reduction techniques will be
utilized.
❑ A work write-up for the repairs needed to correct the health or safety-related
problem must be submitted. The work write-up may be in the form of a FEMA
or insurance adjuster's damage assessment report, or from an independent
bonded contractor.
Only contractors who carry a minimum of$100,000 liability insurance may perform the work.
You may select any interested contractor who documents appropriate insurance coverage
and is not on the most recent list of contractors who are ineligible to work on projects involving
federal funds.
❑ The contractor/repair company will provide warranty information for work
completed. A copy of warranty information must be submitted to Housing
Services.
❑ Upon final inspection approval, the contractor may submit an invoice. The
payment request will be processed upon project approval and the contractor
can usually expect payment within 15 working days from the date invoice was
approved.
What The Program Is Not
Although the TDHCA Residential Emergency Repair Program is designed to
respond to a variety of problems, it has limits and should not be confused with other
programs offered by the City of Beaumont Housing Services Division.
A It is not a rehabilitation program. The most recent item, system, or structure
to fail in a home may prompt the homeowner to seek assistance from the
TDHCA Residential Emergency Repair Program while many other items are
also in need of repair. The TDHCA Residential Emergency Repair Program is
designed to respond to urgent needs resulting from hurricane force winds
and/or rain and, that if left unrepaired, would lead to further deterioration or to
the house becoming unlivable. The City of Beaumont, Housing Services
Division offers a Housing Rehabilitation Program that can address many more
TDHCA Disaster Program-Residential Emergency Repair Program
Effective November 1,2006
Page 4 of 5
issues than the TDHCA Residential Emergency Repair.
A It is not assistance for home sellers. The homeowner must affirm that they
intend to live in the home for the next 12 months as far as foreseeable. The funds
are designed to keep a homeowner living in their home rather than assist them in
selling it. If it is determined after repairs are made that residency requirements
have been falsified, the City may require that all funds be repaid.
A It is not a remodel service. To extend assistance to as many households as
possible, systems and items should be repaired rather than replaced, if possible.
Tips on Contracting for Home Repair Work
We encourage you to compare prices. Get at least two written estimates for the
same work when possible. Ask for local references from contractors. You can also
call the Texas Department of Licensing and Regulation at(800) 803-9202 to see if a
contractor has a current license in good standing.
• Don't agree to or sign anything you do not understand.Ask questions-know what you
are getting for your money.
• Don't be pressured into purchasing items or contracting for repairs you don't want or
really need.
• Ask about guarantees and warranties on the materials and the labor.
• Never pay for repair work in advance. (Although you may have to pay a deposit if your
project should require the ordering of special items or materials.)
• Ask the contractor if he will provide all the permits that are required for the repair work.
• It is a good idea to let your insurance company know if your roof is replaced so that your
Policy will accurately reflect the age of your new roof, in case of any future claim.
The program is administered by the City of Beaumont Housing Services Division and
funded by the Texas Department of Housing &Community Affairs (TDHCA) Disaster
Program. For questions about this program or to obtain an application, please
contact:
City of Beaumont
Housing Services Division
801 Main, Suite 225
Beaumont, Texas 77701
(409)880-3763
The TDHCA Residential Emergency Repair Program is subject to availability of funds from the Texas
Department of Housing&Community Affairs Disaster Program.
If there are no funds available,the program will not be available.
Applicant is subject to all guidelines changes.
TDHCA Residential Emergency Repair Program guidelines are subject to change without notice.
TDHCA Disaster Program-Residential Emggeocy Repair Program
Effective November 1,2006
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TDHCA DISASTER PROGRAM
TDHCA HOUSING REHABILITATION PROGRAM GUIDELINES
Introduction
Conversion and expansion of the nation's housing stock is one of the specific objectives to be met by
the expenditure of Community Development Block Grant (CDBG) funds. Title I of the Housing and
Community Development Act provides that the principal beneficiaries of these expenditures should
be person of low and moderate income. Affordable housing is a national priority and ranks as one of
the foremost legislative agenda items.
The City of Beaumont has participated in the Community Development Program since its inception in
1975. One of its major activities is the Housing Rehabilitation Program which was designed to
provide deferred payment loans to low and moderate income persons primarily residing in
designated CDBG strategy areas. The goal of the Housing Rehabilitation Program has been to
prevent deterioration of older City neighborhoods and to provide safe, affordable housing for
economically disadvantaged residents. Assistance has been directed toward individuals who own
their own homes and investors with rental properties that provide units for low and moderate income
persons.
Purpose
The purpose of the TDHCA Housing Rehabilitation Program is to provide financial and technical
assistance to eligible homeowners who need moderate or intensive repairs resulting from
Hurricane Rita to keep their property safe and habitable, thereby prolonging the useful life of the
structure, preserving the viability of the neighborhood and preventing slum conditions when
economically feasible.
Funding and Administration
This housing rehabilitation activity is conducted by the Housing Services Division which is part of the
Public Works Department. Funding for all aspects of this program comes from the Texas
Department of Housing&Community Affairs(TDHCA)Disaster Program. This program is designed
to assist with needed repairs resulting from Hurricane Rita.
Eligibility Criteria
Eligibility for housing rehabilitation assistance is established by criteria consistent with HUD income
and housing code standards, as well as local City housing goals and objectives.
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The program guidelines are as follows:
1. All applicants must meet HUD income eligibility requirements.
2. 70% of annual allocation will be used to serve eligible elderly and/or disabled
applicants and single head of households. First priority will be given to persons age
62 and above who are also disabled. Second priority will be to persons age 62 and
above. Third priority will be to persons who are disabled.There are no income limits
imposed upon senior citizens. Fourth priority will be to single head of households.
3. Remaining 30% of funds to be used for all other eligible applicants on a first come,
first served basis
Applicant Eligibility
In order to be considered for housing rehabilitation assistance,the applicant must meet the following
criteria:
1. The Owner must have clear title, and either reside in, or have moved out of the
house temporarily with intent to move back into the house for which they requested
assistance;
2. The owner must have owned their property for at least one (1) year prior to
submitting an application for rehabilitation assistance;
3. Provide proof that mortgage payments are current;
4. Provide proof that taxes are current and hazard insurance is in force prior to start of
construction; and
5. Total household income does not exceed the current Area Median Income limits
established by HUD.
Property Eligibility
Rehabilitation work shall be limited to those properties that are determined in need of repairs
resulting from Hurricane Rita, in order to comply with the City's Standard Housing Codes. The
properties must either be located within the CDBG strategy area or must provide shelter for primarily
low income residents.
Scope of Work
The extent of rehabilitation work specified shall be determined by the Housing Inspector's findings of
Standard Housing code deficiencies and subsequent cost estimates for the necessary repairs to
bring the house up to building code standards. In some cases, additional improvements beyond
minimum standards may be warranted, especially in instances where serious violations may become
Standard Housing Code deficiencies within the succeeding twelve (12) months. In most cases,
however, general property improvements, which may be desirable but are not required to meet
Standard Housing Code, shall not exceed ten percent (10%) of the repair cost. In addition to
necessary Standard Housing Code repairs, specifications may include energy conservation
improvements.
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Lead-Based Paint Regulations Changes
On September 15, 1999, HUD issued a new Federal lead-based paint regulation implementing Title
X of the Housing and Community Development Act of 1992. This regulation makes many important
changes in the lead-based paint requirement applicable to housing funded through HUD's
Community Planning and Development (CPD) Programs. State and local jurisdictions that receive
funding from the Community Development Block Grant(CDBG)Program,HOME Program,McKinney
Act homeless programs and other CPD programs were required to implement the new requirements
by September 15, 2000.
Bid Process
The proposed bid process is as follows: (A) Contractors will be referred to owners from approved
contractors list.All contractors not currently on the City's approved contractors list must be approved
prior to performing any work. (B) Owners will solicit bids from the approved contractors list. (C)
Owner will select the contractor they wish to perform the work from the two lowest bids.Staff and the
owner will review the selected contractor's bid for cost, thoroughness, reasonableness and make a
final decision on accepting, modifying or rejecting the bid. As an alternative, Housing Services Staff
will retain the process of completing rehab cases through the formal bid process when necessary.
Rehabilitation Categories
The scope of work shall be defined and limited by the cost estimate to bring the property up to
Standard Housing Code, Section 8, and other codes when applicable,except in those cases where
the structure is too deteriorated to be repaired to Standard Housing Code, but needs immediate
emergency repairs to make the structure habitable. Each current year's funding level of repairs shall
be made in order to assume unit production acceptable to meet HUD guidelines, as well as to
maximize the available fund to benefit the greatest number of eligible applicants. Estimated cost in
excess of$15,000 for repair shall render the project economically unfeasible. In cases where lead is
present and the cost estimate goes over the $15,000 deferred payment loan amount, additional
funds up to $24,000 will be made available. Any amount that exceeds the maximum amount of
$15,000 must be approved by the City Manager or its designee.
The following table indicates the two (2) rehab categories.
Category Estimated Cost Range
Intensive Rehab (lead-based paint present) $15,000-$24,000
Moderate Rehab $500-$14,999
Project Selection
Each applicant's property will have a cost write-up after thorough evaluation of the property's
condition is made to determine the extent of work necessary to meet applicable Standard Housing
Code. If the cost exceeds the $15,000 Moderate Rehab limit, the owner will be advised that the
property is economically unfeasible (except where lead-based paint is present), and unless other
financial resources or alternative housing programs are available, no further action will be taken.
For cost estimates falling within the defined rehab categories,work will proceed on a first come,first
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served basis. Otherwise, the applicant will be placed on a waiting list and receive assistance as
funds become available.
Financial Assistance
Financial assistance for housing rehabilitation worts may be given to eligible applicants in the form of
a deferred payment loan. The original amount of the deferred payment loan shall be reduced by 20%
each year with the remaining balance terminated at the end of the 5th year of the loan, provided all
obligations are met.
Limitation of Assistance
All eligible applicants must live within the city limits of Beaumont. Financial assistance will be offered
only once to homeowners requesting rehabilitation work. The TDHCA Housing Rehabilitation Program is
subject to availability of funds from the Texas Department of Housing&Community Affairs Disaster Program.
Security for Rehabilitation Deferred Loans
All rehabilitation assistance, excluding emergency repair grants, will be secured by a properly
executed real estate lien note and deed of trust in favor of the City of Beaumont.
Cancellation of Lien
To prevent windfall profits from the resale of rehabilitated property,the City of Beaumont will place a
lien upon the property for the amount of the deferred loan. If any of the following events occur during
the term of the deferred loan, arrangements must be made with the City for payment of the
remaining balance:
1. The sale of all or any interest in the subject property;
2. The death of the original loan recipient(in case of a husband and wife, the death of
both); if both parties to this loan should die during its terms, the heirs would be
required to assume and pay the remaining portion; or,
3. The breach of terms of the lien.
Appeal Process
The Rehabilitation Board of Adjustments and Appeals shall consider the written appeal of the
applicants who feel that due process has been denied. The cause of such appeal shall be, but not
limited to:
1. Denial of deferred loan due to excessive rehab cost estimates exceeding program
guidelines;
2. Cases in which the applicant feels inaccurate information may have been included
on the application which adversely affected their qualifications.
The Housing Services Division shall advise applicants of their right to appeal and prepare the
necessary documents for the Board resolution. Appeals must be postmarked within ten(10)days of
the date of the letter of notification rejecting the application.
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City of Beaumont
Housing Services Division
Single-Family Rental Rehabilitation
Program Guidelines
Community Development Block Grant (CDBG)
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TDHCA Single-Family
Rental ei,a"i1itati^n
Program Guidelines
Mayor Guy Goodson
Mayor Pro-Tem Nancy Beaulieu Councilwoman Lulu Smith
Councilman Andrew Cokinos Councilman Audwin Samuel
Councilwoman Becky Ames Councilwoman Bobbie Patterson
Kyle Hayes
City Manager
Adopted by the Beaumont City Council
October__,2006
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Housing Services Division
801 Main,Suite 225
P 0 Box 3827
Beaumont,Texas 77704
Phone 409.880.3763•Fax 409.880.3125
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INTRODUCTION
The TDHCA Single-Family Rental Housing Rehabilitation Program is designed to assist
low and moderate-income families in securing safe, sanitary and decent housing. This
program's objective is to rehabilitate renter-occupied housing units by making needed
repairs resulting from Hurricane Rita with the first priority as correcting code violations
and eliminating lead-based paint hazards, when present.
The TDHCA Single-Family Rental Rehabilitation Program is administered by the City of
Beaumont's Housing Services Division and funded through a federal grant. These
guidelines contain a detailed description of the program including policies and
procedures. The purpose of these guidelines is to explain to potential clients and the
citizens of Beaumont, the Rental Housing Rehabilitation Program and types of
assistance available. For further information or clarification of the guidelines please
contact:
Housing Services Division
801 Main Street-Suite 225
Beaumont,Texas 77701
409-880-3763 (Office)
409-880-3125 (Fax)
DESCRIPTION OF PROGRAM PROCEDURES
I. ELIGIBILITY REQUIREMENTS:
A. Applicanti(Owner) Requirements: Eligible property owner(s) (hereinafter
referred to as Applicant) must:
1.) Be a citizen of the United States or a legal resident alien.
2.) Maintain primary residence within the city limits of Beaumont.
3.) Own rental housing unit(s) located within an eligible service area
4.) Hold fee simple title to the property.
5.) May have an annual gross household income up to 200%of
the current Area Median Income for Beaumont, but must lease
to tenants at or below 80%of the current Area Median Income
for Beaumont. See Tables I.A and 1.13 below.
6.) Not have assets in excess of$300,000 (rental properties, personal
property, cash on hand, stocks, bonds, etc.).
7.) Exhibit the financial ability to pay monthly property expenses
including mortgage payments, taxes, insurance, utility bills, etc.
8.) Show proof of financial ability to fund the Applicant portion, if any, of
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the rehabilitation project.
9.) Provide proof that all property taxes assessed by the various
taxing agencies in Jefferson County are paid in full on all
properties owned by Applicant.
10.) Obtain a statement of income on all tenants residing in occupied
units to be assisted. Income data must be verified; i.e., by contacting
the tenant's employer, obtaining a copy of the tenant's latest income
tax return and obtaining copies of 3 months of paycheck stubs, etc.
Annual income includes earnings (wages, pensions, etc.) spouse's
earnings, interest from stocks, bonds, income from real estate, public
assistance, etc. Also, include amounts of any monies regularly
contributed to tenant(s) by any other adult member of the family,
child support payments, SSI, etc.
B. Tenant Requirements: The current and future tenants of a unit to be
rehabilitated with funding from this program must be low or moderate
income. Low/Moderate income is defined as 80 percent and below of the
current Beaumont metropolitan area median income (AMI). See Table
I.B below.
Table I.A—Applicant Income Limits(200%AMI) Table 1.6—Tenant Income
Limits (80%AMI)
Household Size Maximum Owner Household Maximum Tenant
Income Size Income
1 56,700 1 $28,350
2 64,800 2 $32,400
3 72,900 3 $36,450
4 81,000 4 $40,500
5 87,480 5 $43,750
6 93,960 6 $47,000
7 100,440 7 1 $50,200
8 106,920 8 1 $53,450
C. Service Areas includes CDBG target areas (see 1-3 below) plus rental
units in the city limits outside the target neighborhoods that meet special
criteria (see 4 below)AND needed repairs resulted from Hurricane
Rita:
1.)Target Area—All neighborhoods within the City of Beaumont's CDBG
Strategy Area. General boundaries are south and east of 1-10 and
north and east of the Eastex Freeway.
2.) Any rental unit within the city limits of Beaumont
a. when the unit is listed with the Beaumont Housing Authority
Section 8 program and is currently housing income eligible
renters; and
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b. Owner must sign agreement to continue listing the unit with
Section 8 program for the 5-year lien period and give preference
to renting unit to low/moderate-income families.
3.)Any rental unit in the city limits of Beaumont
a. when the unit has been identified as having lead-based paint
hazards by a certified lead inspector; and
b. when the unit is available for rental, or currently rented to low
income household(s); and
C. the owner agrees to market assisted housing unit(s)to, and give
preference to low/moderate-income households with young
children under the age of six for ten years.
4.) Any rental unit in the city limits of Beaumont
a. when the unit has received damages resulting from a
presidentially declared disaster, and
b. when the unit is available for rental, or currently rented to low
income household(s); and
C. the owner agrees to market assisted housing unit(s)to, and give
preference to low/moderate-income household(s)with young
children under the age of six for ten years.
11.APPLICATION PROCESSING:
Any property owner(s)wishing to apply for Rental Rehabilitation assistance must
complete the application and all other required forms included in the proposal
packet. All information on the completed applications will be verified by the Housing
Services Division staff. If any information is found to have been intentionally falsified,
the application will be rejected and the applicant will not be allowed to reapply. If it is
determined the applicant is eligible for the program, a preliminary inspection will be
made of the dwelling unit(s).The dwelling unit(s)must meet the following standards
to be considered eligible for rehabilitation:
• The unit(s) must be located within the recognized Service Area
(see Section I.C).
• The unit(s) must not be situated in the Designated Flood Plain Area.
• Applicant may not occupy any assisted unit regardless of his or her income,
with the exception of the circumstances set forth in Section VII-EE on page
14 of these Guidelines.
• The unit(s) must be in an existing condition that would permit rehabilitation to
bring the structure to meet current City of Beaumont building codes.
• City-approved water supply, sanitary sewer and electrical system must
service the unit(s).
• The unit(s)must be two bedroom or larger. Preference will go to three
bedroom and four bedroom units.
• Owner must agree to have a Lead Paint Risk Assessment completed on all
units to be assisted that were built before 1978(a`hold harmless'agreement
must be signed by owner before City staff can conduct the Lead Risk
Assessment).
PROJECT SELECTION
Project selection will be based upon an analysis of the following factors:
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• Location of unit(s).
• Number of bedrooms.
• Acceptable credit rating and, as required, ability to obtain matching funds.
• Number and extent of major health and safety violations to be corrected.
• Tenant displacement(preference given to no displacement)
• Economic feasibility
• Amount of subsidy required
• Owner's Equity in property
• Potential impact on neighborhood
• Track record of landlord in low income tenant placement
• Management and maintenance capabilities
• Quality of rehabilitation plan
• Accessibility or adaptability of unit(s)for handicapped tenants
• Commitment by landlord to and/or likelihood of low income tenant placement
• Assisted unit(s) must be available for rental, or currently rented to low income
household(s).
IV. CONTRACTOR SELECTION, MONITORING AND DEBARMENT:
A. Contractors participating in the Rental Rehabilitation Program will be selected
by the eligible Applicant. The Applicant will be required to solicit at least two
bids from contractors based on the preliminary work specifications provided
by the City's Housing Inspector. The Applicant shall also be responsible for
supplying all bidders with a Housing Services Division Contractor's Packet
that includes the contractor information sheet, performance manual, and
general specifications for workmanship, all insurance and bonding
requirements, a contractor's eligibility certification form and a copy of the
preliminary work write up. Bid proposals and all other required forms from the
contractors should be submitted to Housing Services Division for review.
B. Acceptable bid proposals must fall within a ten percent(10%)margin of the
cost estimate developed by the Housing Services Division Inspector. THE
CITY OF BEAUMONT AND/OR THE APPLICANT RESERVE THE RIGHT
TO REJECT ANY AND ALL BIDS.Any contractor whose name appears on
the most current HUD Debarred Contractor's List or whom the City has
determined ineligible due to prior unresolved complaints will not be eligible to
participate in this program.
C. Once the contractor has been selected and approved, a contract
agreement must be signed. Before the contractor can start work, the
Applicant must issue a notice to proceed.
D. The Applicant,the Housing Services Division staff and the City of
Beaumont building code inspectors will monitor the contractor's work. If
the Applicant considers any work done by the contractor to be
unsatisfactory or incomplete,the property owner should advise the
contractor of the discrepancy and ask that it be corrected.
E. Acceptance of Work
1.) Final Inspection-In order for the contractor to close out a rehabilitation
job, a final inspection shall be made by the City of Beaumont building
code inspector, the Housing Services Division Inspector, and the
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property owner. If the final inspection results in no additional work or no
specified corrections, the property owner shall sign the contractor's
release form which states that all work has been completed to their
(property owner's) satisfaction. The building code inspector shall sign a
final inspection form to confirm the same. At this time, the contractor is
required to submit to the property owner copies of all warranties and
releases of liens from subcontractors and suppliers. The Housing
Services Division staff will not authorize payment to the contractor until
these documents are properly completed and submitted to the property
owner and copies provided to the Housing Services Division.
2.) Warranty of Work-As stated in the rehabilitation contract, the contractor
shall guarantee the work performed for a period of at least one year from
the date of final acceptance. The owner is responsible for periodic review
of the work.
F. Contractor Debarment
1.) A contractor will be declared ineligible to participate in projects
funded by the City of Beaumonts Housing Rehabilitation Program
for one or more of the following causes, except where work is
delayed for reasons noted in Section VIII:
2.) Failure to complete a project within the prescribed contract period.
3.) Failure to complete warranty repairs within a reasonable time period.
4.) Failure to use licensed plumbing and electrical subcontractors.
5.) Failure to obtain proper insurance, i.e., both liability and worker's
compensation.
6.) Failure to complete work in accordance with program specifications
and/or accepted standards of workmanship.
7.) Failure to pay all subcontractors working on the project
appropriately and/or submit affidavits of payment signed by all
subcontractors.
8.) Failure to obtain proper permits for work in progress.
G. Contractors will be notified of their proposed debarment and will be afforded
the opportunity to comment or appeal the action.All appeals must be made
in writing to the Housing Services Division at least 15 days after the date of
the notification letter.
V. PAYMENT TO CONTRACTOR:
A. The contractor shall receive payment for all completed contracts within 15
working days after final inspection and approval of all work. Ten percent
(10°/6) of the total contract amount will be withheld for 30 days.At the end of
this time, the property owner must approve release of contingency funds.
7
B. An "All Bills Paid"affidavit or release of lien from all subcontractors and
suppliers must be submitted for completed work before any payment can
be processed. Rental rehabilitation partial payment minimum are as
follows: projects over$40,000 at least 10 percent per draw, projects under
$40,000 15 percent per draw.
VI. FINANCIAL ASSISTANCE OPTIONS:
Two (2) levels of assistance are available based on owner income as follows:
Owner income at 81 -200 percent of the area median income can receive up to
$25,000($6,250 per unit up to a maximum of 4 units) as a deferred payment
loan,forgiven after 5 years.
Owner income at or below 80 percent of the area median income can receive up to
$35,000 ($8,750 per unit up to a maximum of 4 units) as a deferred payment
loan, forgiven after 5 years.
For either level of assistance, owner will be required to sign documents
securing liens for a 5-year period. During lien period,owner must
maintain property as rental property and lease to households at or
below 80% of the area median income.
Applicants are required to sign a contract.A lien will be placed on the property for
the 5-year period. Applicants are required to maintain the property as rental
property and lease to low and moderate4ncome households for the 5-year
period.
Owner funds, including other forms of assistance such as insurance payments,
FEMA and SBA assistance, must be expended prior to the City providing any
Rental Rehabilitation Assistance.
Owner may not convert property to condominiums or any type of cooperative
ownership for the 5-year duration of the lien.
Owner may not discriminate against tenants receiving Federal, State or local
rental assistance for the 5-year duration of the lien.
The project must be maintained according to adopted City of Beaumont building
codes in effect during the year in which the rehabilitation took place.
Owner must affirmatively market vacant units for the 5-year duration of the lien
using the"fair housing logo'below.
EQUAL HOUSING
OPPORTUNITY
8
All unit(s)will be made available and leased to persons whose income is at or
below 80% of the area median income.
If the Applicant violates any of these restrictions, the entire amount of the loan less
20% for each full year after completion of the rehabilitation of the units until the time
of default,will be due and payable in full immediately after the owner is notified that
the loan must be repaid.
Vll. PROGRAM GUIDELINES:
A. Property owner agrees to comply with all HUD requirements to not
discriminate upon the basis of race, ethnicity, religion, gender, disability
status or family status in the sale, lease, rental, or use of occupancy of the
subject property.
B. Property owner agrees to not award any contract for rehabilitation work to be
paid for in whole or in part with the proceeds of the grant, to any contractor
who, at the time, is ineligible under the provisions of any applicable
regulations issued by the Secretary of Labor, United States Department of
Labor, or the Department of Housing and Urban Development to receive an
award of such contract.
C. The tenant will continue to occupy the premises during the rehabilitation.
Any tenant required to move temporarily or permanently as a result of the
rehabilitation`, must be paid relocation/displacement costs as outlined in the
City's Tenant's Pre-Notification Letter. (Appendix IV to these Guidelines)
*Any displacement of tenant(s) living in unit(s)at the time applicant decided
to apply for funding who move because of their inability to pay increased
rents, are considered displaced. Displacement costs are the responsibility of
the property owner.
D. Property owner agrees that any existing utility services will be made available
to the contractor without charge as follows: electricity, gas,water and,when
available and necessary, telephone(local calls only).
E. Property owner agrees that it is his/her sole responsibility to see that the
contractor completes the work specified in his contract to the owner's
satisfaction and that the City of Beaumont has no responsibility for any
defects,faulty work or incomplete work by the contractor.The owner further
agrees that the City has no liability for warranty of any of the workmanship or
materials furnished by the contractor under the contract. The owner further
agrees that latent or hidden conditions in the property which were not
included in the original inspection and work write-up of the City are not the
responsibility of the contractor nor of the City, but remain the responsibility of
the owner.
F. As part of the consideration for providing the-funds to rehabilitate property as
9
described herein, the property owner agrees to maintain and keep the
property in good repair after the completion of the work to be performed by
contractor, taking into consideration the ability of the owner to do so. The
property owner also agrees to maintain the property up to City of Beaumont
Building Code standards that were in effect when the rehabilitation was
completed. Owner agrees to do this during the term of the loan agreement
and understands that if at anytime the property fails to meet these Code
standards, the loan amount will become due immediately.
G. The owner shall issue a written Notice to Proceed within thirty (30) days from
the date of acceptance of the contractor's bid and proposal. If the contractor
does not receive the Notice to Proceed within this 30-day period, the
contractor has the option of withdrawing his/her bid and proposal. If the
contractor chooses to do this, a written notice must be delivered to the
owner with a copy to the City. The contractor shall not begin the work to be
performed until receipt of written Notice to Proceed from the owner after
which the contractor shall begin the work within ten (10) calendar days of the
date of said Notice and shall complete said work within ninety(90)days or as
agreed to in the Rehabilitation contract.
H. The contractor shall not assign the contract without written consent of the
owner and the City and/or its agent.
I. The contractor shall not be responsible for any delays in the completion
of work due to the following:
1.) Any acts of the government; including controls or restrictions
upon or requisitioning of materials, equipment, tools or labor by
reason of war, National Defense or any other national
emergency.
2.) Any acts of the owner.
3.) Causes not reasonably foreseeable by the parties to this contract at
the time of the execution of the contract which are beyond the
control and without the fault or negligence of the contractor, including
but not limited to acts of God or of the public enemy; acts of another
contractor in the performance of some other contract with the owner,
fires,floods, epidemics, quarantine restrictions, strikes, freight
embargoes and weather of unusual severity such as hurricanes,
tornadoes, etc.
4.) Any delay of the subcontractor occasioned by any of the causes
specified in Subparagraphs(A)(B)and(C)above, provided that the
contractor promptly(within 10 days)notifies the Owner in writing of
the cause of the delay. If the facts show the delay to be property
excusable, the owner shall extend the contract time by a period
commensurate with the period of excusable delay.
J. The contractor shall not be held responsible for preexisting violations of law
inducing but not restricted to zoning or building code regulations at the
property listed in the contract. Before beginning work, the contractor shall
10
examine the work write-up for compliance with the applicable ordinance and
codes for the new or replaced work and shall immediately report any
discrepancy to the owner. Where the requirements of the work write-up fail
to comply with such applicable ordinances or codes for the new or replaced
work, the owner and the City will adjust the contract by change order to
conform to such 8rr��aN or code and make appropriate adjustment in the gnu �'' °d
contract price uniiMaeM66 in writing covering the difference have been AV taum J Z i t,9
g T43►y)tM TaVftrity. No work may be performed on propertpmgD.r3mo13 alur'I
located in the 100-year Flood Plain or where improperly zoned.
K. The contractor shall comply with all non-discrimination clauses
included in the contract; non-compliance may result in termination of
the contract.
L. Bids or proposals will be submitted at the bidder's risk and the City and/or
the owner reserve the right to decline funding for projects not in compliance
with the guidelines.
X.L fuouznvag XJ' tuoum>og
M. SubcontractorcP*Wl b6QGftnd by the terms and conditions of the contract, asr;D 0£I£
qasull @y;wAvppfiMte,#udrlwork. This shall not relievelXetMrI99dr @ n(aaatmssiW XuouuuH
from the full responsibility to the owner for the completion of all work to be
executed under this agreement and he shall not be released from this
responsibility by any sub-contractual agreement he may make with others.
N. When adjacent property is affected or endangered by any work done under
this contract, it shall be the responsibility of the contractor to take whatever
steps are necessary for the protection of the adjacent property and to notify
the owner thereof of such hazards.
O. Repairs shall be made to all surfaces damaged by the contractor resulting
from his/her work under this contact at no additional cost to the owner. gnu °d
Where"red, 4UM4 6 i ft98)rk"is called for by the contract,the feature shall £L,�mH StSt,
be RWco44jirjAp* Abwdr ondition"either by patching or replacems"b fsitdug luiluaD
damaged, loose or rotted parts shall be removed and replaced and the
finished work shall match adjacent work in design and dimension.
P. After the final inspection and acceptance by the owner of all work under the
contact including cleanup, the contactor shall submit to the owner for
approval a requisition for payment.When the required warranties and other
required documents have been submitted and the contactor has executed
the release of liens, the final payment will be made.The payment will include
any amounts remainr q,dTu e under the contact as adjusted in accordance
with approvedr;�M ^s. Payments will be made within 15 days of Xi` tuoumr;ag
formal requisitl fl*"bnt. Partial payments will be made at discretion of JaPILD 006
the ovrrpenel#t I4dvgr of the City. gojngD tsitdug tsrrd
Q. A Rehabilitation Loan may be made to cover the cost necessary to bring
the dwelling into conformance with City of Beaumont Codes.The two
categories of repairs listed below are to be included as priority items:
1.) Required Repairs: Code violations which create hazardous
conditions in regard to safety or health will generally involve the
basic heating, plumbing or electrical systems.
X,L` tuoLunuoq Xf tuouinuag
3JumVl3Q 6Z I uUuu3gS 998
gomg3 isildcg uozcuS jO aso-d 11 rlomgD tsiIduq XjvuoissiW ugof IS
2.) Recommended Repairs: Code corrections or preventive
maintenance efforts that should be undertaken to avoid more costly
future action.
3.) Heating, plumbing and electrical improvements
4.) Weatherization
5.) Exterior work such as roofing, siding, painting, step and porch repair
and retaining walls
6.) Interior work such as renovation and repair of existing kitchen and
bath facilities.
R. Participants in the Rehabilitation Program should be aware that the
appraised value of their property might increase which consequently may
cause their yearly property taxes to increase.
S. Change orders may be made to cover an item of work that cannot be
determined until sometime during the course of the rehabilitation work.
Change orders will be considered as follows:
1.) Change orders are used to add work necessary to correct incipient
items that have been found to be defective after work is in progress
but were not anticipated at the time the contract was executed.
2.) The change order amount is limited to a maximum of 10 percent
(10%)of the total contract amount. If it is necessary to request a
change order to make required repairs and the contract is already at
the maximum amount, a work item of less priority will be deleted from
the bid proposal in order to compensate for the added amount(see
"Note"below).
NOTE: Owner is responsible for 100 percent of project expenditures
that exceed this program's financial assistance maximum limits.
3.) Change orders will be used when it is necessary to delete work
from a contract for any reason.When items are deleted from the
contract, they shall be at their previously bid amount.When items
are deleted, but do not have specific costs, in such cases the
contract shall be reduced by negotiating the cost at prevailing
rates.
4.) All change orders shall be executed by the property owner,
contractor, and a Housing Services Division official.
5.) Except for the purpose of affording protection against any
emergency endangering life or property, the Contractor shall make
no change in the work or rehabilitation, provide any extra or
additional work or supply additional labor, services or materials
beyond that actually required for the execution of the contract.
6.) All change order requests must be submitted by the contractor,
signed by the homeowner and approved by Housing Services
12
Division. No claim for an adjustment of the contract price by the
contractor or homeowner will be valid unless this is done.
7.) The approval of a change order shall constitute authorization by the
property owner and Housing Services Division to change the loan
amount equal to the cost of the work added or deleted, unless all
available funds have been utilized. If this is the case, the owner must
absorb the total cost or delete non-code items in order to pay for the
work described in the change order(see"Note" below).
8.) It may be necessary to change the time of completion due to the
addition of certain work items or delays that are beyond the
contractor's control. (See Section IV.F.2)
T. If the work completed is not in accordance with the construction
contract, Housing ervices Division shall advise the roe owner of
9 property rty
the non-compliance who then shall obtain appropriate action from the
contractor. No payment shall be processed on a construction contract
until a contractor has satisfactorily completed all necessary corrective
action.
U. The owner shall be able to select the color and style of certain
materials (i.e. carpet, floor covering, paneling, paint, etc.).
V. The contractor warrants that all materials,fixtures, and equipment furnished
by the contractor and its subcontractors shall be new, of good title and that
the work will be done in a neat and workmanlike manner. Neither the final
payment nor any provision in the contract nor partial or entire use or
occupancy of the premises by the owner shall constitute an acceptance of
work not done in accordance with the Contract or relieve the Contractor of
liability in respect to any express warranties or responsibility for faulty
materials or workmanship. The contractor shall promptly remedy any defect
in the work and pay for any damage to other work resulting therefrom that
may appear within a period of one year from the date of final acceptance of
the work unless a longer period is specified. The owner will give notice of
observed defects with reasonable promptness.
W. Mobile homes are not eligible for rehabilitation.
X. Interest of certain federal and other officials:
1.) No member or Delegate to the Congress of the United States
and no Resident Commissioner and no federal employee shall
be admitted to any share or part of this contract or to any benefit
to arise from same.
2.) No member of the governing body of the City and no other public
official of or within the City or County who exercises any functions or
responsibilities in connection with the administration of the Housing&
Community Development Block Grant Program and no other
employee of the Housing Services Division who exercises any such
functions or responsibilities shall have any interest, direct or indirect,
in rehabilitation proceeds which is incompatible or in conflict with the
13
discharge or fulfillment of his functions and responsibilities in
connection with the carrying out of the Housing Rehabilitation
Program. The length of time this exclusion shall be in effect is one (1)
year following the ending of term of office and shall be binding upon,
but not limited to, all of the individuals and agencies herein described.
Y. The property owner agrees that for a period of five years after the project is
completed not to convert the rehabilitated units to condominium ownership.
If the owner does convert rehabilitated units to condominium ownership, the
entire loan amount shall be due immediately.
Z. The property owner agrees not to discriminate against prospective tenants
on the basis of their receipt of or eligibility for, housing assistance under
any Federal, State or local housing assistance program; on the basis that
the tenants have a minor child who will be residing with them; or on the
basis that they are handicapped.
AA. Applicant agrees to rent all assisted units to households whose total gross
annual income is at or below 80 percent of the area median income found in
Table I.B, page 7 of these guidelines(see `note' below).Applicant agrees
to track tenant income and beneficiary data (See Appendix V—Tenant
Income and Beneficiary Tracking Form). This form is to be made available to
the Housing Services Division when requested. The Form is to be completed
at the time assisted units are leased.
NOTE: Income Limits may change annually—usually on October fat. It is the
Applicant's responsibility to request a copy of the most current income
limits from the Housing Services Division.
BB. The property owner agrees to maintain the rehabilitated property up to
adopted City of Beaumont Building Code Standards in effect the year in
which the rehabilitation was completed. This will be applicable for a period
of at least ten years after the project is completed.
CC. The property owner agrees to comply with applicable lead-based paint
regulations.
DD. The property owner agrees to comply with the City of Beaumont's
program requirements, including submitting copies of all tenant
correspondence regarding this project to the Housing Services
Division.
EE. When the property to be rehabilitated is a tri-or four-plex, and the
owner/applicant meets the income limits for tenants(see Table I.B on
page 4 of these guidelines),the owner/applicant is eligible to occupy one
of the assisted units.
Vlll. MINIMUM REHABILITATION STANDARDS:
Minimum Housing Standards apply to all rehabilitation worts performed.
14
Roofs
Roofs should not leak and have no evidence of rotted decking, fascia or soffit. Any
roof with two or more layers of roofing must be stripped to the decking. If it is
determined a new roof is necessary the decking must be checked for broken or
rotted decking and shall be repaired or replaced as needed. Where new decking is
required the material shall be one-half inch plywood or one-half inch wafer board to
be used with H Gips between sheets.All roofs that are stripped shall be replaced
with new felt paper, the proper flashing and metal drip edge with 240 pound
shingles.Any roof with less than a 4/12 pitch shall be covered with rolled roofing,
with at least 12 inches of lap, if installation of rolled roofing is not sufficient to
promote proper run off roof will be rebuilt. Windstorm provisions must be met for all
roofing repairs and/or installations.
Siding and Trim
All exterior siding and trim shall be free of holes, cracks or rotted material that
might admit moisture into walls. New siding may be applied only if the cost of new
siding and installation is comparable to the repair and painting costs of the existing
siding.
Windows
All windows and hardware shall operate satisfactorily. Cracked or broken windows
shall be replaced.Window glazing shall be weather tight and windows shall be
weather stripped so as not to allow entry of air and water around the glass, sashes
or window casings. All windows shall have screens and working locks.
Drainage
The grade of concrete or dirt should drain at least five feet away from foundation
walls.
Site Improvements
All replaced concrete surfaces are to be level with the widths to match the existing
surfaces.All steps that pose a threat to the occupants shall be repaired or, if
necessary, replaced.
Foundations and Piers
Skirting shall be six(6) inches underground level. If it is necessary to install skirting,
new 22 or 24 gauge skirting shall be used.
Kitchens
Kitchens shall have a spec area that contains a sink with hot and cold
running water, counter workspace, and space for storage of cooking utensils.
15
Stairs
All stairs shall provide for the safety of ascent and descent.All treads and risers
should show no evidence of breakage or have evidence of excessive wear. All
stairs shall be equipped with handrails.
Utility Areas
Gas or oil fired water heaters or furnaces shall not be located in the bathrooms or
bedrooms. In addition to all plumbing and electrical codes, water heaters and
furnaces shall be enclosed with a sealed door and adequate upper and lower
combustion air. All washer and dryer hookups must meet City Code.
Structural System
The wood, masonry or steel components shall be in serviceable condition for the
expected useful life of the rehabilitated building. Structural members that are in
seriously deteriorated condition shall be replaced.
Sagging and unleveled floors shall be raised and stabilized as level as possible
without causing interior damage.
Termite inspection and treatment shall be done if evidence of active infestations
exist. A certified pest control company will carry out the treatment and present
documents of proof.
Electrical System
All replacement of existing wiring and equipment shall be done in conformance
with the 2002 National Electric Code and the City of Beaumont Code. Any
potential source of electrical hazard or ignition of combustible material shall be
corrected.
GFCI outlets shall be used in bathrooms, kitchen, garage, and exterior receptacles.
Additional outlets shall be added to eliminate extension cords and, at the request of
the City Inspector,to meet City Codes.
Plumbing
The plumbing system shall operate free of fouling and clogging, and not have
cross-connections which permit contamination of the water supply or back
siphonage between fixtures.
All sinks, lavatories,water closets,water heater, and other plumbing fixtures shall
have accessible cutoff valves.All fixtures shall have P-traps, necessary vents and be
properly connected to a public or private sewage disposal system.All sewer lines
shall have accessible cleanouts. All water heaters shall be installed with double wall
vent stack, a pop-off valve, and overflow to the exterior of the structure.
Mechanical Equipment
16
All gas fired heating units must be vented with double wall pipe and proper upper
and lower combustion air. The unit shall not be installed in a living area such as
bedrooms or under stairways.
Rigid gas pipe must be used to supply heating units with a maximum of three (3) feet
of flexible pipe from the stop to the appliance. All ductwork shall be properly sealed
from the heat source to the register vent and from the return air supply to the heat
source. A gas pipe pressure test is required.All leaks must be repaired.
Insulation and Weatherization
An °R-30' insulation value in the attic shall be required.
Exterior Doors
All exterior doors shall be solid core.All locks shall be capable of tightly securing
the door and shall be readily operable from the inside without the use of keys. All
exterior doors shall be weather stripped so that there is no significant entry of air or
water into the structure.
Porches and Decks
All porches and decks shall be safe and capable of supporting anticipated loads.All
porches and decks in deteriorated condition and which serve no useful purpose or
which are not economically repairable shall be removed.
Porches and decks 30 inches above grade shall have guardrails and flights of
stairs with four or more risers.They shall have a handrail on at least one side.
Gutters and Downspouts
Gutters and downspouts should exist where they are deemed necessary to
promote proper drainage. Gutters will not normally be installed if they do not
already exist.
Downspouts that cannot be connected to drain tiles shall have splash backs with
proper site grading.
Chimneys and Vents
Furnace and water heater vents shall be double wall vent pipe. Existing unlined
masonry chimneys having open mortar joints or cracks shall be removed or made
safe by installation of a UL approved flue liner. Vent-a-hood stacks shall be vented
through the roof.
Interiors
All floors,walls, and ceilings shall be maintained in good,clean,and sanitary
condition.All peeling paint, cracked or loose plaster and other defective surface
conditions shall be eliminated. All doors shall be operational.
17
Carpet and vinyl that is badly wom, tom or too dirty to be cleaned shall be replaced.
This shall be determined by the C.D. Inspector. Existing carpet shall be cleaned
with a commercial steam cleaner, if necessary.
Bathrooms
An operational water closet, tub or shower, and lavatory should be in the bathroom.
Hot water should flow to the lavatory and tub or shower. Cold water should be
supplied to all fixtures. Either a window or an exhaust fan must be present to
properly vent the bathroom.
Cabinets
Built-in kitchen cabinets shall be repaired up to 50 percent of the cost of new
cabinets. Bathroom cabinets are not required.
ALL WORK MUST COMPLY WITH HUD TITLE X REGULATIONS REGARDING LEAD—BASED
PAINT.BY APPLYING FOR CDBG FUNDS,OWNERIAPPLICANT UNDERSTANDS THE CITY
MUST COMPLETE A LEAD RISK ASSESSMENT TO DETERMINE THE SCOPE OF WORK AND
COST ESTIMATE ON PROPERTIES BUILT BEFORE 1978. FOR PROPERTIES BUILT BEFORE
1978,OWNER/APPLICANT MUST EXECUTE AN ACKNOWLEDGEMENT AND RELEASE OF
LIABILITY FOR LEAD PAINT TESTING OF PROPERTY.
18
APPENDICES
Appendix I - Fair Market Rents (FMRS)
Appendix II - Rental Rehabilitation Procedures
Appendix III -Application For The City Of Beaumont
Appendix IV-Tenant Pre Notification Sample Letter
Appendix V-Tenant Beneficiary Tracking Form
19
APPENDIX 1
FAIR MARKET RENTS—FY2007
Final-Approved for Beaumont,Texas
Area Name 0 BR 11BR 21BR 31311 4BR
Beaumont $442 $496 $593 $735 $762
*Beaumont-Port Arthur, TX MSA, includes Hardin, Jefferson and Orange Counties
20
APPENDIX II -RENTAL REHABILITATION PROCEDURES
The following list of procedures is designed to insure that property owners
understand their responsibilities under the Rental Rehabilitation Program.
Please call the Housing Services Division at(409) 880-3763 if you have any
questions regarding these procedures.
1.) Return completed application. Include a copy of property deed,
current mortgage information, if applicable, tax payment receipts
from all property-taxing entities, proof of insurance coverage on the
property and documentation of all owner(s) income and assets*.
2. A set of works specifications must be submitted b the owner and
P Y
approved by the Housing Services Division. If requested, Housing
staff can provide assistance with project bid documents and the
bidding process.
3.) The owner of the proposed property will bear the responsibility of
contacting at least two general contractors,who will submit bid
proposals. These proposals must remain within a margin of ten
percent of the estimate determined by the Housing Services Division.
4.) Upon project approval, a title search must be submitted.
5.) Certification that all tenants have received timely written notice
that they will not be displaced by the project must be submitted
within two weeks of application submission.
6.) Requests for all interim and final payments must be requested
through the Housing Inspector and will require an itemized list of
completed work and costs. The"Request for Payment"will be
signed by the property owner,the contractor and the appropriate
Housing Services Division staff at a mutually agreed time and
place. IT IS THE CONTRACTOR'S RESPONSIBILITY TO
INITIATE A REQUEST FOR PAYMENT WITH THE HOUSING
SERVICES DIVISION.
7.) A final inspection must be completed by Housing Services Division.
8.) Final payment is contingent on receipt of the following by Housing
Services Division:
a) signed affidavits from all subcontractors stating that they
have received full payment
b) affidavit from general contractor and signature on lien
assignment
c) executed requests for payment
21
"Documentation of income sources may include but is not limited to the following:
• Current year's income tax Return with W 2's for each household member
who has filed tax returns. (If self employed, provide most current three year's
complete tax returns.
• Most current Social Security income statement if applicable.
• Paycheck stubs for last four weeks for each employed household member.
• Names and addresses of all retirement income or any other income sources
(ALL INCOME SOURCES AND ASSETS MUST BE DISCLOSED—
RETIREMENT, RENTAUHAP INCOME,TANF (Shelter/utilities),
PROPERTIES OWNED, ETC.)
• Divorce decree if you receive child/other support from a divorce or if you
were awarded property through a divorce.
• Name, address, account number(s)of all banks, credit unions, savings
banks, IRA accounts, etc. for all household members who have any such
accounts and two most current month's of bank account(s) statements
(complete).
• If project includes lead-based paint hazard reduction work, complete
application and agreement forms for Beaumont ALERT Program.
22
APPENDIX 111
Application
City of Beaumont Rental Rehabilitation Program
23
APPENDIX IV
APPENDIX IV-TENANT PRE NOTIFICATION SAMPLE LETTER
[date
TO;
Re: Please loo Not Move
Dear Tenant:
This letter is to let you know that the rental unit where you live is being considered for
rehabilitation through the U.S. Department of Housing and Urban Development Rental
Rehabilitation Program under the City of Beaumont's Rental Rehabilitation
Program.
PLEASE DO NOT MOVEI This renovation project is being considered in order to provide
you with a safer, more comfortable and attractive place to live. If you move without receiving
a notice to vacate from the owner,you may not be eligible for relocation assistance.
We do not foresee that you or any other resident will be displaced by the rehabilitation.
However, if for some unforeseen reason displacement should become necessary, relocation
assistance will be provided for you.
If you need more information or need further explanation, please contact(OWNER) at
(TELEPHONE NUMBER), or the City of Beaumont at(409)-880-3763.
Thank you for your cooperation. Please keep in mind this project is simply under
consideration at this time so PLEASE DO NOT MAKE ANY PLANS TO MOVE. Should we
decide at a later date to proceed with the project, you will be notified.
I hereby certify that I have received this notice.
Name:
Address:
City/State/Zip:
Signature Date:
24
TGVAVI' BENEFICIARI INFORMA11ON TRACKING I,OR,%1 - 111 D ASSIS"FEI)REN'1'AI. I NI FS
Rental Property Rental Propert►
Address: Ohvner Name:
Ten ant Nam(s) Apt. Current Are Date Apt Doesthis Number Age 65 Minority Ethnic'y Female Disabled Section Gross
No. Monthly Utilities Leased Tenant Still of Hshld or Over Code" Code— Head of ? 8 Annual D
Rent Included to Reside In Occupants ? laws Imamam Hshold? Asst? Household
In Rentz Tenant Unit? Y/N WOW) bdo=) Y/N Y/N Y/N Income`** �
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Drew,aovimrR4 raraaev.,�Grel yu�aauvaamafa�prohd.o.bov.rsnu.aacareet Please Print Name, Title Data Form Completed -'I
"Please indicate "Y"if all or"N"if no utilities are included in rent If partial utilities are included in rent,please indicate(i.e., n
Wtr.,Sid Wst,Elec.,Sewg.,Gas,Etc.) Do na mawde Cabo Tv,Alum systems,phone,ne as usirtlss.
"Minority Codes: 1 a Unite 6=Amedamindan l Nadu Nelve z
G)
=Muk I Nrkan Amerloan I=Amedc mindan IAI+Aa Ndw 6 WNW -n
]=8la4 1 African American 3 WNW I•Amsrlwn lndan l Naska Nadve&Bk ck I African Amadcan 0
=Asian 9=Nall"Hawslbn I t)ther Padio blander
5=Asian E While 10=O1IaMaU Radal --just
"Ethnicity Codes: I 1t■Hispanic 12=Non"spiink
Owner must retain income verification documents on all tenant(s)for at least three years beyond the note's maturity date.
(Owner understands that Income documentatlon maybe ray lowed by Chy of Dwftn staff anellor HUD o}rietals upon request)
APPLICANT'S CERTIFICATION OF DISABILITY
(Must be completed by physician)
City of Beaumont Housing Services Division:
This certifies that (Patient's name) has been examined by
me, and in my opinion meets the following guidelines, set forth in the U. S. Census
Bureau's report on Americans With Disabilities 1991-92 (SIPP Report P70-33), in
determining if persons are severely disabled.
A person may be determined to have a severe disability if they: "(a) use a
wheelchair or had used another special aid for six months or
longer, (b) were unable to perform one or more functional
activities or needed assistance with an Activity of Daily Living
(ADL) or an Instrumental Activity of Daily Living (IADL); (c) were
prevented from working at a job or doing housework, or(d) had a
selected condition including autism, cerebral palsy, Alzheimer's
disease, senility or dementia, or mental retardation. Finally,
persons who were under 65 years of age and who were covered
by Medicare or who received SSl were considered to have a
disability(and a severe disability)."
Functional activities include seeing, hearing, having one's speech
understood, lifting and carrying, walking up a flight of stairs, and walking.
ADL's include getting around inside the home, getting in or out of bed or
a chair, bathing, dressing, eating, and toileting.
IDAL's include going outside the home, keeping track of money or bills,
preparing meals, doing light housework, and using the telephone."
Physician's Name (Print or Type) Date
Physician's Signature
*Note: If there are any special needs which should be addressed concerning this patient, please
outline them on a separate page and attach to this document.
Return to:
Linda M. Semien
City of Beaumont
Housing Services Division
801 Main Street, Suite 225
BeaumoK Texas 77701
(409)880-3763
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
INTAKE APPLICATION
1(2r
PA
O WNItP
PPOR
Southeast Texas Regional Planning Commission Contract Number:
Sub-Contractor: City of Beaumont
Date Pre-Application Received: N/A Time Pre-Application Received: N/A
Date CDBG Application Received: Time CDBG Application Received:
APPLICANT INFORMATION
Applicant Last Name Applicant First Name Middle Name
Current Address:
City, State,Zip:
Home Phone: Daytime Telephone:
Date of Birth: Disabled Yes No
CO-APPLICANT INFORMATION(if applicable)
Co-Applicant Last Name Applicant First Name Middle Name
Current Address:
City, State,Zip:
Home Phone: Daytime Telephone:
Date of Birth: Disabled Yes No
ELIGIBILITY INFORMATION
If the answer to any of the following questions is NO,you are not eligible for
assistance:
Was the damaged unit a single family residence(including manufactured housing units, ❑ Yes ❑ No
duplexes,or condominiums)?
Was that unit damaged or destroyed on September 24,2005 as a direct result of Hurricane ❑ Yes ❑ No
Rita?
Fa®14.22—hdake Application Page I of 6
Revised 10+12!2006
APPLICANT INFORMATION
If the answer to any of the following questions is NO, you are not eligible for
Assistance:
Did you own or rent a single family residence(including manufactured housing units, ❑ Yes ❑ No
duplexes, or town homes) on September 24, 2005?
Was the unit the primary residence of the applicant on the date of the storm? ❑ Yes ❑ No
If the answer to the following question is NO,your application will require a special
review to determine eligibility:
Did you register with FEMA for storm related assistance for structural damage to the home? ❑ Yes ❑ No
DAMAGED RESIDENCE INFORMATION
Damaged Residence Address:
City, State,Zip:
Damaged Residence Phone:
Do you have an appraisal for your property that was completed before September 24, 2005? ❑ Yes ❑ No
If yes,what was the date of appraisal?
If yes,what is the appraised value of the property?
Type of Structure: (including manufactured housing units,duplexes,or condominiums)
If a manufactured housing unit,did you own the land? ❑ Yes ❑ No
Was the property located in a floodplain? ❑ Yes ❑ No
❑ Don't Know
Have you obtained a building permit(s)to complete repairs to home? ❑ Yes ❑ No
If yes, what date did you obtain the building permit?
If yes,Permit No.
Ownership/Acquisition Deed of Damaged Residence
❑ Yes ❑ No
Are there any other names on the deed for the damaged residence?
If yes, provide information below(including any entity, for example,a Trust):
Fora 14.22—Intake Application Page 2 of 6
Revised 10/122006
Last Name First Name Middle Name
Social Security No.: - -
If an Owner Entity-provide Tax ID number:
Date of Birth:
Daytime Telephone: )
ASSISTANCE REQUEST
Type of Assistance Requested:
❑ Emergency Repair(Max. $25,000) Amount Requested $
❑ Rehabilitation(Max. $65,000) Amount Requested $
❑ Reconstruct/New Construction(Max. $125,000) Amount Requested $
HOUSEHOLD COMPOSITION AND CHARACTERISTICS - List the Head of Household and all other
members of the household. Indicate the relationship of each family member to the Head of Household.
Household Member Name Relationship to Date of Birth Sex Social Security Number
Head of HH
Head of Household
HEAD of HOUSEHOLD(check one)—THIS INFORMATION IS REQUIRED.
It is being collected to ensure compliance with federal Fair Housing and Equal Opportunity regulations.
Race of Head of Household:
❑ White ❑ Black/African American
❑ Asian ❑ American Indian/Alaska Native
❑ Native Hawaiian/Other Pacific Islander ❑ Asian and White
❑ Black/Afiican American and White ❑ American Indian/Alaska Native and White
❑ American Indian/Alaska Native and Black/African American ❑ Other Multi Racial
Ethnicity of Head of Household:
❑ Hispanic—A person of Mexican. Cuban,Puerto Rican. South or Central American.or other Spanish culture or
origin,regardless of race. Terms such as"Latino"or"Spanish Origin-apple to this category.
❑ Non-Hispanic—A person not of Mexican, Cuban, Puerto Rican, South or Central American, or other Spanish culture
or origin,regardless of race.
Form 14.22—Iraake Application Page 3 of 6
Revised:10/1=006
HURRICANE RITA VICTIMS INFORMATION
In order to be eligible to receive assistance under the Community Development Block Grant Disaster Recovery Program
for Hurricane Rita. housing either owned or rented by low income households must have been damaged as a result of
Hurricane Rita. Check all of the following that apply.
❑ The home occupied by persons in this household was damaged or destroyed September 24, 2005, by Hurricane Rita.
❑ Uwe are currently homeless or living in sub-standard housing due to damage caused by Hurricane Rita.
Explain:
❑ Uwe have been displaced from our housing due to damage caused by Hurricane Rita.
Explain:
❑ Other:
OTHER ASSISTANCE RECEIVED
Assistance provided under the Community Development Block Grant Disaster Recoven•Program for Hurricane Rita may
not exceed a household's umuet housing needs. List all other sources of financial or housing assistance received (local.
state. federal. and private sources). List all insurance companies currently covering your real property. List all insurance
companies that were providing coverage to your real property on September 24. 2005.
Have you applied for any storm-related assistance for damage to your home from any source ❑ Yes ❑ No
(local, state. federal.private)? If yes. proceed with this section. If no.proceed to the income
section.
By signing this application, the applicant authori_es the state or any of its duly authori_ed
representatives to verify the information contained herein, including this section. Title 18.
.Section 1001 of the U.S. Code states that a person is guilty of a,felony,for knowingly and
willingly making false or fraudulent statements to any department o_f the United States
Government.
FEMA
Have you received any related assistance from FEMA for structural damage to your ❑ Yes ❑ No
home'?
Amount Approved: $ Amount. if anv. Received to Date: $
What is your FEMA Registration No.?
1)---------2)---------
SBA ❑ Yes ❑ No
Have you received any storm-related assistance from the SBA for damage to your home?
Amount Approved: $ Amount.if anv. Received to Date: $
What is your SBA Application No.?——————————
What is your SBA Loan No.:
INSURANCE
Have you received any storm-related assistance from your insurance company for damage to ❑ Yes ❑ No
your home?
Pour 14.22—Intake Apphcat Km page 4 of6
Revised:10/12/2006
Insurance coverage in effect 9/24/2005 -
Claim received: $
Purpose:
❑ Insurance coverage currently in effect-
Purpose(fire, flood, wind, etc.):
OTHERSOURCES
❑ Other financial assistance received:
Purpose:
ATTACH ADDITIONAL SHEET IF THERE ARE ADDITIONAL SOURCES
INCOME INFORMATION
Includes: Wages. salaries and tips,alimony-. child support. military income.part-time income. temporary income. TANF.
Social Security, other benefits. other income.
FOOD STAMPS ARE NOT CONSIDERED INCOME—do not list food stamps.
List ALL household members and their incomes. Attach a separate sheet if you need more space.
Full Source of Income Pavment Basis
Household Member Name Tune (include employer name and Rate of Pay (weekly,
student! phone number) monthly,etc.)
Is there anyone in your household that is disabled? If so, please list them:
EXPENSE INFORMATION
Indicate the MONTHLY dollar expenditures for your famil . Circle any of the listed expenses that are delinquent.
Rent $ Phone $ Medical $ Credit Card $
Electric $ Car Payment $ Cable TV $ Credit Card $
Gas $ Car Insurance $ Medical Insurance $ Loan $
Water $ Child Care $ Rentals $ Loan $
Other(specify
Foun 14.22-lake Application Page S of 6
Reviea:1a12noos
THIS APPLICATION IS THE FIRST STEP IN THE APPLICATION PROCESS FOR DISASTER
RELATED UNMET HOUSING NEEDS. INCOMPLETE APPLICATIONS WILL NOT BE
CONSIDERED. ALL INFORMATION REQUESTED BELOW MUST BE ATTACHED:
• AWARD OR DENIAL LETTERS FROM FEMA;
• AWARD OR DENIAL LETTERS FROM SBA;
• AWARD OR DENIAL LETTERS FROM PERSONAL INSURANCE;
DENOTE IF HOME IS ONE OF THE FOLLOWING(Circle One):
• WOOD STRUCTURE
• BRICK STRUCTURE
• MOBILE HOME
• Provide label/seal Number:
• Provide certificate number:
• Provide serial number:
ALL BLANKS MUST BE COMPLETED OR HAVE "N/A" WRITTEN IN. THE APPLICATION
MUST BE SIGNED BY ALL PERSONS LISTED ON THE DEED.
RETURN TO: CITY OF BEAUMONT
HOUSING SERVICES DIVISION
801 MAIN STREET, SUITE 225
BEAUMONT,TEXAS 77701
ATTN: DISASTER PROGRAM APPLICATION
APPLICANT CERTIFICATION
I/We understand the information provided above is collected to determine if Uwe are eligible to receive assistance
under the Community Development Block Grant Disaster Recovery Program for Hurricane Rita.
I/We hereby certify that all the information provided herein is true and correct.
I/We understand that providing false statements or information is grounds for termination of housing assistance
and is punishable under federal law.
I/We authorize the above-referenced, the state of Texas and any of its duly authorized representatives to verify all
information provided on this application.
Signature of Applicant: Date
Signature of Co-Applicant: Date
Warning: Title 18,Section 1001 of the U.S. Code states that a person is guilty of a felony for knowingly and
willingly making false or fraudulent statements to any department of the United States Government.
Form 14.22—hrtake Application Page 6 of 6
Revised:101122006
CDBG Sub-Contractor agreement
1.1.1 '_I N IrL Deleted:1 o 2 ](K)(+
CONTRACT BETWEEN
SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION
Contractor of the TDHCA CDBG Disaster Program
AND
THE CITY OF BEAUMONT.SUB-CONTRACTOR
PARTIES TO THE AGREEMENT
This Interlocal Agreement is made and entered into by and between South East Texas Regional Planning
Commission(hereinafter called the"SETRPC")acting herein by its Executive Director duly authorized by
Resolution of Contractor's executive committee,and The City of Beaumont,Jefferson County,Texas. The
parties hereto agree,by the execution hereof that they are bound to the mutual obligations and to the
performance and accomplishment of the tasks described herein.
WITNESSETH THAT:
WHEREAS,Chapter 791 of the Texas Government code,also known as the Intedocal Cooperation
Act, authorizes all local governments to contract with each other to perform governmental functions or
services,including administrative entity functions normally associated with the operation of government,
such as administration and management of programs designed to assist its citizens;and
WHEREAS,the SETRPC is the Contractor for the Texas Department of Housing and Community Affairs
(TDHCA)for the Community Development Block Grant Hurricane Disaster Program that was legislated to
assist low income individuals and families recover from the devastating effects of Hurricane Rita and to
provide them with decent,safe and sanitary conditions;and
WHEREAS,the City of Beaumont currently administers U.S.Department of Housing and Urban
Development CDBG and HOME programs whose missions are to provide safe,affordable homes to low to
moderate income residents;and
WHEREAS,under the terms of the agreement between TDHCA and SETRPC,SETRPC must ensure that
all applicable state and federal requirements are met concerning the disbursement of funds;and,
WHEREAS,projects undertaken by the City of Beaumont pursuant to this contract must be of direct benefit
to tow and moderate income persons as has been determined by the parties and is established under the
guidelines of the Housing and Community Development Act of 1974, as amended;
WHEREAS the SETRPC and the City of Beaumont desire to enter into this Contract for the purpose of
fulfilling and implementing their respective public and governmental purposes as agreed to by both parties;
WHEREAS SETRPC is of the opinion that cooperation in the implementation of the programs and services
to be provided by CDBG Disaster Recovery funds will be beneficial to the citizens and the governments
located in the City of Beaumont through the efficiency and potential savings to be realized;and
WHEREAS SETRPC certifies that it is the designated TDHCA Contractor of the CDBG Disaster Recovery
as allocated by the Texas Department of Housing and Community Affairs;and,
WHEREAS the Southeast Texas Regional Planning Commission certifies that it is independently authorized
to inter into this Contract as a unit of local government as defined under State of Texas Local Government
Code,Subtitle C.,Chapter 391;
Page 1 of 14
CDBG Sub-Contractor aereement
I l l 1 21)1)(L Deleted:1 o„
NOW THEREFORE,the parties hereto,in consideration of the mutual covenants and conditions contained
herein,promise and contract as follows:
1. STATEMENT OF RESPONSIBILITIES—Administrative Entity
I.I. As administrative entity,the South East Texas Regional Planning Commission(SETRPC)shall
have certain legal and administrative entity responsibilities to the Texas Department of Housing
and Community Affairs as defined by
1.1.1. The National Affordable Housing Act of 1990,as amended
1.1.2. Notices of the Office of Community Planning and Development(CPD Notices)
1.2. As administrative entity,SETRPC shall receive CDBG funds designated for Disaster Assistance
for Hurricane Rita.
1.3. As administrative entity,the following specific responsibilities are required and reserved to
SETRPC:
1.3.1. Execution and approval of all TDHCA documents necessary to request and receive
funds;
1.3.2. Receive and respond to citizen input regarding CDBG Program
1.3.3. Receive recommendations from CDBG Disaster Recovery Advisory Committee;
1.3.4. Review budgets;
1.3.5. Authorize vouchers and draw-downs for TDHCA reimbursement
1.3.6. Disbursement of funds to sub-contractors,
1.3.7. Execute and approve all TDHCA documents necessary to submit annual compliance and
performance reports
1.3.8. Completion of all reports to TDHCA;
1.3.9. Provide fiscal accountability duties in compliance with federal regulations;
1.3.10. Respond to all TDHCA inquiries regarding CDBG Program;
1.3.11. Monitoring and evaluation of services and projects provided by any entity receiving
CDBG Program funds;
1.3.12. Final approval of all contracts
1.4. SETRPC will provide financial administrative and management functions for the CDBG Disaster
Recovery Program. These services will include,but are not limited to:
1.4.1. Preparation of vouchers and draw-downs for reimbumenmtofCDBG Program funds;
1.4.2. Completion of all strategic planning documents;
1.4.3. Preparation of annual project budgets;
1.4.4. Accounting requirements in accordance with applicable OMB Circulars;
Page 2 of 14
CDBG Sub-Contractor agreement
1 1.1
2000,irk Deleted:10,-,CNX
1.4.5. Documenting Environmental Review and other compliance regulations;
1.4.6. Development of program guidelines;
1.4.7. Development of projects and activities;
1.4.8. Selection and implementation of activities;
14.9. Review of audits for other entities receiving CDBG Program funds;
1.4.10. Maintenance and provision of project and program file documentation in accordance with
federal requirements;
1.4.11. Monitoring/Program Evaluation of contractors receiving CDBG Program funds;
1.4.12. Conducting of Public Hearings to obtain citizen input;and
1.4.13. Other administrative entity compliance requirements as needed to meet the CDBG
Disaster Recovery Program regulations.
2. PERFORMANCE
2.1. Time of Performance:
2.1.1. Services of the City of Beaumont designated herein are to commence on the 28s'day of
July,2006,and end on the latter date of the 27d'Day of July,2008,or the expiration of any
extended period for the receipt of CDBG Disaster Recovery funds.
2.1.2. The term of this Contract and the provisions herein shall be extended to cover additional
time periods to run concurrently,providing the City of Beaumont complies with this
Contract and the Federal regulations governing the CDBG Program.
2.2. Performance Standards
2.2.1. The City of Beaumont will complete the tasks under Statement of Responsibilities—Sub-
Contractor in a timely,efficient and professional manner.
22.2. The City of Beaumont will make monthly reports to SETRPC electronically on the 101°of
each month that contains the following information.
2.2.2.1. Total funds allocated
2.2.2.2. Total funds committed
2.2.2.3. Number of units completed
22.2.4. Administrative funds available
22.2.5. Administrative funds utilized.
2.3. Sub-Contractor—Statement of Responsibility
2.3.1. The City of Beaumont agrees to comply with all applicable sections requirements of Title
24 Code of Federal Regulations,Part 570 of the U.S.Housing and Urban Development
regulations concerning the CDBG Program and all federal regulations and policies issued
pursuant to these regulations.
2.3.2. The City of Beaumont agrees to utilize funds made available under this Contract to
supplement rather than to supplant funds otherwise available.
Page 3 of 14
CDBG Sub-Contractor agreement
11 1 2000 Z Deleted:to 2orx
2.3.3. The City of Beaumont shall collect and submit on a regular basis documentation
regarding leverage funds being used in collaboration with CDBG Disaster Recovery funds.
2.3.4. The City of Beaumont shall maintain records regarding applicants who are determined
not eligible to receive assistance,including written and prompt notification of denial.
2.3.5. The City of Beaumont shall comply with all state and federal Lead-Paint requirements,
including appropriate notices,evaluations,inspections,certifications,and corrective
procedures,and including those requirements described in Subparts J,M,and K of 24 CFR
Part 570.
2.3.6. The City of Beaumont agrees to
2.3.6.1. Collect and maintain client data demonstrating client eligibility for services
provided,including,but not limited to:
2.3.6.1.1. Owner occupied rehabilitation applications
2.3.6.12. Reconstruction/replacement housing applications
2.3.6.1.3. Homebuyer applications
2.3.6.1.4 Demolition
2.3.6.2. The City of Beaumont agrees to submit a complete,compliant file for each CDBG
program beneficiary.
2.3.7. All customer/client information shall be maintained in a secure and confidential manner,
and the City of Beaumont agrees to comply with all local,state,and federal guidelines
2.3.8. The City of Beaumont agrees to affirmatively market all properties and/or programs to
eligible low or moderate-income residents as described in 24 CFR Part 570.
3. CONTRACT SUSPENSION/TERMINATION
3.1. If through any cause,the City of Beaumont shall fail to fulfill in a timely and proper manner its
obligations under this Agreement,or if the City of Beaumont shall violate any of the covenants,
agreements,or stipulations of this Contract,SETRPC shall,upon concurrent opinion of the
CDBG Disaster Recovery Housing Advisory Committee,have the right to terminate this Contract
by giving written notice to the City of Beaumont of such termination and specifying the effective
date thereof at least thirty(30)days before the effective date of such termination.
3.1.1. In such event,all finished or unfinished documents,data,maps,studies,surveys,
drawings,models,photographs and reports prepared by the City of Beaumont under this
Contract shall,at the option of SETRPC(or subsequent Administrative entity)become the
properly of SETRPC. The City of Beaumont shall be entitled to receive just and equitable
compensation for any work satisfactorily completed hereunder.
4. COMPENSATION
4.1. Minimum Financial Standards Requirement
4.1.1. No compensation maybe paid to the City of Beaumont until a qualified Certified Public
Accountant has provided written certification to SETRPC that the City of Beaumont is in
full compliance with the standards set forth in OMB A-102.
Page 4 of 14
CDBG Sub-Contractor agreement
11_1_
2(1(1(Z t Deleted:io r,ax,
4.2. Maximum Compensation
4.2.1. The TDHCA CDBG Disaster Recovery program specifically limits administrative costs
to ten percent(10%)the allocation. The City of Beaumont will receive 5%of its total
allocation for administrative purposes.
4.3. Compensation Structure
4.3.1. The City of Beaumont warrants and acknowledges that no other compensation will be
paid for administration of the CDBG program under this Contract.
4.4. Definition of Administrative Costs:
4.4.1. The following are some specific administrative/project delivery costs as defined by the
CDBG Disaster Recovery Program that may be allowed:
4.4.1.1. The cost of any of the following items,when the item does not result in a
beneficiary,as defined by the CDBG program,is an administrative cost.
4.4.1.1.1. Environmental assessments,reviews or tests;
4.4.1.1.2. Inspections
4.4.1.1.3. Work write-ups,specifications,or scopes of services
4.4.1.1.4. Architectural drawings or architectural work of any type
4.4.1.1.5. Loan processing
4.4.1.1.6. Relocation services
4.4.1.1.7. Assistance necessary to minimize hardship
4.4.1.2. If any of these items result in a beneficiary,then the item can be assigned as a project
cost.
4.4.12.1. The City of Beaumont acknowledges and agrees to accept firll responsibility
to define,at the time of submission for reimbursement,whether an item is an
administrative or project cost.
4.4.12.1.1. A project cost shall be defined by a street address and a beneficiary
name at the time of submission
4.4.1.2.1.2. The City of Beaumont acknowledges and agrees that a cost submitted
as administrative entity cost cannot later be changed to a project cost
4.4.12.1.3. The City of Beaumont acknowledges and agrees that a cost submitted
as a project cost shall be converted to an administrative entity cost if the
project proves infeasible.
4.4.2. Indirect Costs
4.4.2.1. The City of Beaumont may utilize an indirect cost rate allocation it and only it they
have submitted a certified Indirect Cost Allocation Plan to its state cognizant agency.
4.5. Payment Structure
4.5.1. The City of Beaumont shall be reimbursed only for those items that are eligible expenses
under the CDBG program
Page 5 of 14
CDBG Sub-Contractor agreement
1 1_1_20()0 Deleted:to 2-2orx'
5. PROGRAM INCOME
5.1. Program Income means gross income,including interest earned on CDBG Program funds or
received by the City of Beaumont,which is directly generated from the use of CDBG Program
funds.
5.1.1. When program income is generated by an activity that is only partially assisted with
CDBG Program funds,the income shall be prorated to reflect the percentage of said funds
5.2.1.1. The definitions to be utilized are contained in CPD Notice 97-9.
5.1.2. Income generated by a project which is funded with program income,is also program
income
5.2. The City of Beaumont shall report monthly all program income as defined at 24 CFR Part 570
generated by activities carried out with CDBG funds made available under this contract.
53. The City of Beaumont will track and account for any program income as required by HUD and
outlined in HUD CPD Notice 97-9.
5.4. Am program inoomej shall be returned to the State of Tetas. Conrmnt[HS11.Does this apply to
rental incoute generated when the owner
6. ADMINISTRATIVE ENTITY AND INSURANCE REQUIREMENTS of rental property receives Rental Rehab
6.1. Financial Management It is understood by the City of Beaumont that CDBG fiords are subject to fiurdurg^
the Federal Government's Office of Management and Budget circulars:
6.1.1. No.A-87,"Cost of Principles for State,Local,and Indian Tribal Governments"
6.1.2. No.A-133,"Audits of State and Local Governments,"and
6.1.3. No.A-102,"Grants and cooperative agreements with state and local governments"
6.2. Policies and Procedures
6.2.1. The City of Beaumont must establish and use a set of written accounting policies and
procedures which meet the minimum standards established by the relevant OMB circulars
for contract accounting.
6.2.1.1. Standards must include adequate internal controls and maintaining necessary source
documentation for all costs incurred.
6.3. Audit
6.3.1. If the City of Beaumont expends 5300,000 or more in Federal funds a year,the City shall
have an audit conducted in accordance with the Federal Governments'Office of
Management and Budget Circular No.A-133.
6.3.1.1. The audit shall be made by an independent auditor in accordance with generally
accepted government auditing standards covering financial and compliance audits on
funds provided under this Contract.
63.1.2. The City of Beaumont shall provide SETRPC with a copy of this audit within six(6)
months of the ending of the City's fiscal year(s)coinciding with this Contract.
6.3.2. If the City of Beaumont expends less than$300,000 in Federal funds per fiscal year the
City shall submit to SETRPC a copy of its annual audit within six(6)months of the close of
the City's fiscal year.
Page 6 of 14
I
CDBG Sub-Contractor agreement
1 1_1_ 0mt, Deleted:10'''Kx J
6.4. Documentation and Record-Keeping: The City of Beaumont shall maintain all records required
by the federal regulations specified in 24 CFR Parts 91 and 570 and that are pertinent to the
activities to be funded under this Contract. Such documentation shall be in a manner that
conforms to HUD accounting practices,OMB Circular A-87,and CDBG Disaster Program Grant
Regulations 24 CFR Parts 91 and 570. Such records shall include,but not be limited to:
6.4.1. Records providing a full description of each activity undertaken;
6.4.2. Records demonstrating that each activity undertaken meets one of the eligible activities
of the CDBG Disaster Recovery Program;
64.3. Records required to document the acquisition,improvement,use or disposition of real
party
6.4.4. Records documenting compliance with the fair housing and equal opportunity
components of the CDBG Program;
6.4.5. Financial records as required by,24 CFR Part 570 and OMB Circulars A-102;and
6.4.6. Other records necessary to document compliance with Subpart F,G,and H of 24 CFR
Part 570.
6.5. Retention: Records shall be maintained in accordance with requirements prescribed by the U.S.
Department of Housing and Urban Development under CDBG reg.
6.5.1. Specifically,the City of Beaumont shall maintain the required records for the required
periods under the CDBG regulations as defined in Chapter V,24 CFR Part 570.
6.5.2. In the event of expiration or termination of this contract the City of Beaumont shall
provide all required records to SETRPC.
6.6. Access to Records: At any time during normal business hours and as often as SETRPC,the
Texas Department of Housing and Community Affairs and/or the Comptroller General of the
United States may deem necessary,there shall be made available to SETRPC,the Texas
Department of Housing and Community Affairs,and/or representatives of the Comptroller
General for examination,all of the City of Beaumont's records with respect to all matters covered
by this Contract and the City of Beaumont shall permit said entities to audit,examine,and make
excerpts or transcripts from such records,and to make audits of all contracts,invoices,materials,
payrolls,records of personnel,conditions of employment,and other data relating to all matters
covered by this Contract.
6.7. hiformation on File: The City of Beaumont must have on file and provide access to,current
copies of
6.7.1. Documentation of governmental status;
6.7.2. Copy of City statutes;
63.3. Any license applicable to the City of Beaumont's proposed activities;
6.7.4. Listing of the current mayor and City Council(including name,address,occupation,
position on Council,and tenure);
6.7.5. Current organizational chart showing management and staffing structure;
6.7.6. The City of Beaumont's written personnel(including staff and volunteers)policies;
6.7.7. The City of Beaumont's written accounting policies and procedures;
Page 7 of 14
CDBG Sub-Contractor agreement
1 I 1 D H 161 Deleted:10 'rxK
6.7.8. The City of Beaumont's written procurement policies and procedures;and
6.7.9. Work plan or administrative entity/program guidelines based on the description of the
Program and Activities in Section I of this contract and which specifies:
6.7.9.1. The major tasks or activities to be performed under this contract;
6.7.9.2. Eligibility requirements for participation and procedure for verification of
information related to storm damage and any assistance received by the beneficiary
from FEMA,insurance,etc.;
6.7.9.3. How activities or tasks will be performed;
6.7.9.4. The measurable objectives for each task;and
6.7.9.5. The time frame within which the tasks will he accomplished.
6.8. Procurement: the City of Beaumont shall comply with all SETRPC,State,and Federal policy
concerning the purchase of equipment and shall maintain an inventory record of all non-
expendable personal property as defined by such policies as may be procured with funds provided
herein.
6.8.1. The City of Beaumont shall procure materials in accordance with the requirements of
Attachment O of OMB Circular A-110,Procurement Standards,and shall subsequently
follow Attachment N,Property Management Standards,covering utilization and disposal of
property.
6.8.2. All program assets(unexpended program income,property,equipment,etc.)shall revert
to SETRPC to be held on behalf of the State of Texas upon termination of this Contract,
unless specified otherwise in writing.
6.9. Propq!y Records: The City of Beaumont shall maintain real property inventory records that
clearly identify properties purchased,improved,or sold. Properties retained shall continue to
meet eligibility criteria and shall conform with the restrictions specified in Subparts E and F 24
CFR Part 570.
6.10.Close-Outs: The City of Beaumont's obligation to SETRPC shall not end until all close-out
requirements are completed. Activities during this close-out period shall include,but are not
limited to,making final payments,disposing of program assets(including the return of all unused
materials,equipment,unspent cash advances,program income balances,and receivable accounts
to SETRPC to be held on behalf of the State of Texas).
6.10.1. All records generated under the Contract shall be maintained at the City of Beaumont.
6.11.Insurance: The City of Beaumont shall observe sound business practices with respect to
providing such bonding and insurance as would provide adequate coverage for services offered
under this Contract,and will ensure that any contractor or subcontractor that is utilized during the
performance of the work described in this Contract is adequately covered.
6.11.1. The City of Beaumont will comply with applicable workers'compensation statues and
will obtain employers'liability coverage where available and other appropriate liability
coverage for program participants,if applicable.
6.112. The City of Beaumont will maintain adequate and continuous liability insurance on all
vehicles owned,leased or operated by the City. All employees of the City of Beaumont
who are required to drive a vehicle in the normal scope and course of their employment
must possess a valid Texas driver's license and automobile liability insurance. Evidence of
the employee's current possession of a valid license and insurance will be maintained on a
current basis in City of Beaumont's files.
Page 8 of 14
CDBG Sub-Contractor agreement
11 1.20 f), Deleted:10 2(K)6
6.11.3. Actual losses not covered by insurance as required by this Section may not be allowable
costs under this Contract,and will remain the sole responsibility of the City of Beaumont or
applicable party involved.
7. PERSONNEL AND PARTICIPANT CONDITIONS
7.1. Independent Contractor: Neither the City of Beaumont nor its employees are considered to be
employees of SETRPC for any purpose whatsoever. The City of Beaumont is considered to be
an independent contractor at all times in the performance of the scope of services described
herein.
7.1.1. The City of Beaumont further agrees that neither it nor its employees are entitled to any
benefits from SETRPC under the provisions of the Worker's Compensation Act of the State
of Texas or to any of the benefits granted to employees of SETRPC under the provisions of
the Personnel Policies as now enacted or hereafter amended.
7.1.2. The City of Beaumont certifies that it will establish,publish and post a statement of its
policies and requirements on maintaining a drug free workplace which complies with the
"Drug Free Workplace Act"(P.L.100.690)and shall require all providers of services under
this Contract to comply with Drug Free Workplace requirements of the above noted Act.
7.2. Personnel: The City of Beaumont represents that it has,or will secure,all personnel required in
performing all of the services required under this Contract. Such personnel shall not be
employees of or have any contrachral relationships with SETRPC.
7.2.1. All the services required hereunder will be performed by the City of Beaumont or under
its supervision and all personnel engaged in the work shall be fully qualified and shall be
authorized or permitted under state and local law to perform such services.
7.2.2. Any work or services subcontracted hereunder shall be specified by written contract or
agreement and shall be subject to each provision of this Contract.
7.2.3. The City of Beaumont shall have in its possession a documented set of personnel policies
and procedures,including fringe benefits,if any,available to its employees that have been
formally adopted by its City Council. Such a document shall be made available for
inspection and determination by the SETRPC as to its acceptability.
7.3. Prohibited Activity: The City of Beaumont is prohibited from using funds provided herein or
personnel employed in the administration of the program for political activities,sectarian,or
religious activities,lobbying,political patronage,and nepotism activities.
7.3.1. Hatch Act: The City of Beaumont agrees that no funds provided,nor personnel
employed under this contract,shall be in any way or to any extent engaged in the conduct of
political activities in violation of Chapter 15 of Title V United States Code.
7.4. Compliance with Civil Rights Laws and Executive Orders:
7.4.1. The City of Beaumont will comply with the provisions of and act in accordance with,all
federal laws,rules and regulations,and Executive Orders related to equal employment
opportunity,affirmative action,equal access to programs and services,and the enfotcement
of Civil Rights,including,but not limited to
7.4.1.1. Section 3 of the Housing and Urban Development Act of 1968;
7.4.1.2. Sections 103 and 109 of the Housing and Community Development Act of 1974,as
amended
7.4.1.3. Title VI and Title VII of the Civil Rights Act of 1964,as amended;
7.4.1.4. Tide VIII of the Civil Rights Act of 1968;
Page 9 of 14
CDBG Sub-Contractor agreement
1112�)(N; Deleted:io '_(xK�
7.4.1.5. Sections 502,503,504 and 505 of the Rehabilitation Act of 1973;
7.4.1.6. Equal Pay Act of 1963;
7.4.1.7. Age Discrimination in Employment Act of 1967,as amended;
7.4.1.8. The Vietnam Era Veterans Readjustment Act of 1974;
7.4.1.9. The 1986 U.S.Immigration Reform and Control Act;
7.4.1.10.Americans with Disabilities Act of 1990;
7.4.1.11.Executive Order 11063 of 1962;and
7.4.1.12.Executive Order 11246 of 1965,as amended.
7.4.2. The City of Beaumont will not discriminate against any employee or applicant for
employment because of race,color,religion,sex,age,national origin,or ancestry,physical
or mental handicap,marital/familial status or Vietnam era or disabled veteran status.
7.4.3. The City of Beaumont will make reasonable accommodation to the known physical or
mental handicap of an otherwise qualified employee or applicant for employment.
7.4.4. The City of Beaumont will ensure and maintain a working environment free of sexual
harassment and other unlawful forms of harassment,intimidation,and coercion in all
facilities at which the City of Beaumont's employees are assigned to work
7.4.5. The City of Beaumont will in all solicitations or advertisements for employees placed by
or on behalf of the City,state that all qualified applicants will receive consideration of
employment without regard to race,color,religion,sex,age,national origin or ancestry,or
physical or mental handicap.
7.4.5.1. The City of Beaumont agrees to post in conspicuous places,available to employees
and applicants for employment,notices setting forth the provisions of this
nondiscrimination clause.
7.4.5.2. EEO/AA Statement:The City of Beaumont will,in all solicitations or advertisements
for employees placed by or on behalf of the City,state that it is an Equal Opportunity
or Affirmative Action employer.
8. GENERAL REQUIREMENTS AND CONDTIONS
8.1. Debarment,Suspension.Ineligibility and Exclusion Compliance:
8.1.1. The City of Beaumont certifies that it has not been debarred,suspended or otherwise
found ineligible to receive fimds by an agency of the executive branch of the federal
government.
8.1.2. The City of Beaumont agrees that should any notice of debarment,suspension,
ineligibility or exclusion be received by the City,the City will notify SETRPC immediately.
8.1.3. The City of Beaumont agrees to not procure or subcontract with any agency,
organization,or contractor that has been debarred,suspended,or otherwise found ineligible
to receive funds by an agency of the executive branch of the federal government.
Page 10 of 14
CDBG Sub-Contractor agreement
11_1200f� Deleted:10 2006
8.2. Use of Funds for Sectarian Religious Purposes:The City of Beaumont covenants and agrees that
no funds awarded through this program will be used for sectarian religious purposes,and
specifically that
8.2.1. There will be no religious test for admission for services;
8.2.2. There will be no requirement for attendance at religious services;
8.2.3. There will be no inquiry as to a clients religious preference or affiliation;
8.2.4. There will be no proselytizing;and
8.2.5. Services provided will be essentially secular.
8.3. Lobbying: The City of Beaumont understands that utilization of any federally appropriated funds
provided the City by SETRPC pursuant hereto to influence or attempt to influence any member
or employee of the Executive or Legislative branches of the federal government with respect to a
covered federal action is prohibited.
8.3.1. The City of Beaumont further agrees that it shall comply with the certification and
disclosure requirements of the applicable regulations.
8.4. Publication,Reproduction and Use of Materials:
8.4.1. If this Contract results in any book,publication,video,audio or any other copyrightable
material,then the material produced with Federal funds shall be in the public domain.
8.5. Identification of Documents
8.5.1. All reports,maps,and other documents completed as a part of this contract,other than
documents exclusively for internal use within The City of Beaumont shall contain the
following information on the front cover or title page(or in the case of maps,in an
appropriate block): TDHCA CDBG Disaster Recovery Program,month and year of the
preparation,SETRPC and descriptive title.
8.6. Compliance with Laws:
8.6.1. In performing the services required hereunder,the City of Beaumont shall comply with
all applicable laws,ordinances,and codes of the federal,state and local governments,
including environmental protection regulations. Failure to comply with the Administrative
entity Requirements shall constitute grounds for termination of this Contract.
8.7. Insurance and&mdiuc:
8.7.1. (The City of Beaumont shall cam•sufficient insurance to protect contract assets from loss
due to then_baud.and.or undue physical damage.; Comment[HS23:The vin is self-
itmue&langre to be provided In Cih
8.8. Assignability: Atkxuet'
8.8.1. The City of Beaumont shall not assign any interest in this Contract,and shall not transfer
any interest in the same(whether by assignment or notation),without the prior written
consent of SETRPC thereto.
8.9. Conflict of Interest:
8.9.1. The City of Beaumont agrees to abide by the provisions of Subpart H 24 CFR Part
570.356 with respect to conflicts of interest,and covenants that it presently has no financial
interest and shall not acquire any financial interest,direct or indirect,which would conflict
in any manner or degree with the performance of services required under this contract.
8.9.2. In the procurement of supplies,equipment,construction and services by contractors,the
conflict of interest provisions in 24 CFR Part 570 and OMB Circular A-110,respectively,
shall apply.
Page 11 of 14
CDBG Sub-Contmetur a¢reement
1 1
1200, Deleted:to''200(1
8.9.3. No member,officer or employee of the contracting agency,or any other who exercises
any functions or responsibilities with respect to the programs of the City of Beaumont
during his/her tenure or for one year thereafter,shall have any interest,direct or indirect,in
any contract or subcontract,or the proceeds thereof for work to be performed in connection
with the program assisted under this Contract.
8.9.3.1. The City of Beaumont shall incorporate,or cause to be incorporated in all such
subsequent agreements or sub-agreements,a provision prohibiting such interest
pursuant to the purposes of this section.
8.9.4. The City of Beaumont and SETRPC state to the best of their knowledge,no member of
the Beaumont City Council and no other officer,employee,or agent of the City of
Beaumont who exercises any function or responsibility in connection with the carrying out
of the Program or the funds to which this Contract pertains,has any personal interest,direct
or indirect,in this Contract.
8.10.Affirmative Action:
8.10.1. Approved Plan: The City of Beaumont agrees that it shall be committed to Affirmative
Action principles as provided in the President's Executive Order 11246 of September 24,
1965.
8.102. M/WBE: The City of Beaumont will use its best effort to afford minority and women-
owned business enterprises the maximum practicable opportunity to participate in the
performance of this contract.
8.10.2.1.As used in this contract,the term"minority and female business enterprise"means a
business at least fifty-one(5 1)percent owned and controlled by minority group
members or women.
8.10.22.For the purpose of this definition,"minority group members"are Afro-Americans,
Spanish-speaking,Spanish surnamed or Spanish-heritage Americans,Asian-
Americans,and American Indians.The City of Beaumont may rely on written
representations regarding their status as minority and female business enterprises in
lieu of an independent investigation.
• _ Deleted: Collectn a Bamau,u,g
9. LEGAL _ _ The City of Beatu,tout Neill send to ead,
9.1. Representation in Proposal: SETRPC has relied on all representations of the City of Beaumont in latx r,m,on or represa,tatn e of t«xkers
with wdud,d has a collective bargauuug
awarding this contract and the City of Beaumont warrants the accuracy of all representations in aaeemeut or other oo„t,act or
said proposal. Misrepresentation in the proposal shall be cause to terminate this contract and the ru,daataudu,g.a notice,to t e proc,dal to
Cit- of Beaumont shall owe all amounts paid to it as liquidated damages should these anutunts the agtm�y a itiactaig officer.adr,su,g
not be legitimate reimbursements titr CDBG Disaster Recov en eligible activities. the lafx,ninon or workers represet,tatne
of the C,tv of Beatunont's y uwutmeuts
heram the
9.2. TDHCA CDBG Disaster Recovery Funds Recognition: The City of Beaumont shall insure der.and�l,au post copies of m l
uotxe corasp,a�ous places available to
recognition of the role of TDHCA CDBG Disaster Recovery funds in providing services through employees and applrca„ts for
this Contract. All activities,facilities,and items utilized pursuant to this Contract shall be eu,plo>rne„t
prominently labeled as to the funding source. In addition,the City will include a reference to the
support provided herein in all publications made possible with funds made available under this
Contract.
9.3. Notifications: Any notice hand-delivered or sent by mail(with a return receipt which indicates
delivery)to the addresses below shall be deemed received for any purposes arising out of the
execution of this contract.
10. For SETRPC,notices may be sent to:
Chester lourdan,Executive Director
South East Texas Regional Planning Commission
Page 12 of 14
CDBG Sub-Contractor agreement
?000. Deleted:to'--'-r"
2210 Eastex Freeway
Beaumont,TX 77703
409-899-8444
409-347-0138(fax)
10.1.Construction and Severability: If any part of this Contract is held to be invalid or unenforceable,
such holding will not affect the validity or enforceability of any other part of this Contract so long
as the remainder of the Contract is reasonably capable of completion.
10.2.Enforcement: The City of Beaumont agrees to pay to SETRPC all costs and expenses including
reasonable attorney's fees incurred by SETRPC in exercising any of its rights or remedies in
connection with the enforcement of this Contract.
10.3.Entire Contract: This Contract contains the entire agreement of the parties and supersedes any
and all other agreements or understandings,oral or written,whether previous to the execution
hereof or contemporaneous herewithin
10.4.Amendments: The City of Beaumont or SETRPC may amend this Contract at any time provided
that such amendments make specific reference to this Contract,and are executed in writing and
signed by a duly authorized representative of both organizations. Such amendments shall not
invalidate this Contract,nor relieve or release the City of Beaumont or SETRPC from its
obligations under this Contract.
10.4.1. SETRPC may,in its discretion,amend this Contract to conform with federal,state,or
local governmental guidelines,policies,and available funding amounts,or for other reasons.
10.4.2. If such amendments result in a change in the funding,the scope of services,or the
schedule of the activities to be undertaken as part of this Contract,such modifications will
be incorporated only by written amendment signed by both the City of Beaumont and
SETRPC.
10.4.3. Further,any future change in federal regulations or federal requirements governing the
use or eligibility of CDBG Disaster Recovery Program funds are deemed to be immediately
incorporated into this Contract and subject to the provisions herein.
10.5.Applicable Law: This Contract shall be governed by and construed and enforced in accordance
with the laws of the State of Texas,the by-laws,rules and regulations of SETRPC and the
applicable regulations of the U.S.Department of Housing and Urban Development and Texas
Department of Housing and Community Affairs.
10.6.Approval Required: The parties hereto state that they are appropriately empowered by their
respective Board/City Council to sign this Contract This Contract shall not become effective or
binding until approved by Beaumont City Council and the SETRPC Executive Committee.
APPROVED:
BEAUMONT CITY COUNCIL
,2006.
Page 13 of 14
CDBG Sub-Contractor agreement
I 1 1 2006. Deleted:t0 2 200C,
SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION
.2006
B,,-:
%le H i,es Chester R.Jourdan.Jr. Deleted:cn i x diou
$jy, M Diver Executive Director Deleted:vino, --�
Beaumont.Texas South East Texas Regional Planning Commissicm
Deleted:_
Page 14 of 14
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
INTAKE APPLICATION
1(2r
PA
O W
PPOR
Southeast Texas Regional Planning Commission Contract Number:
Sub-Contractor: City of Beaumont
Date Pre-Application Received: N/A Time Pre-Application Received: N/A
Date CDBG Application Received: Time CDBG Application Received:
APPLICANT INFORMATION
Applicant Last Name Applicant First Name Middle Name
Current Address:
City, State,Zip:
Home Phone: Daytime Telephone:
Date of Birth: Disabled Yes No
CO-APPLICANT INFORMATION(if applicable)
Co-Applicant Last Name Applicant First Name Middle Name
Current Address:
City, State,Zip:
Home Phone: Daytime Telephone:
Date of Birth: Disabled Yes No
ELIGIBILTTY INFORMATION
If the answer to any of the following questions is NO,you are not eligible for
assistance:
Was the damaged unit a single family residence(including manufactured housing units, ❑ Yes ❑ No
duplexes,or condominiums)?
Was that unit damaged or destroyed on September 24,2005 as a direct result of Hurricane ❑ Yes ❑ No
Rita?
Fomm 14.22—Wake Appli ation Page 1 of 6
Reviled:10/12/2006
APPLICANT INFORMATION
If the answer to any of the following questions is NO, you are not eligible for
Assistance:
Did you own or rent a single family residence(including manufactured housing units, ❑ Yes ❑ No
duplexes, or town homes) on September 24, 2005?
Was the unit the primary residence of the applicant on the date of the storm? ❑ Yes ❑ No
If the answer to the following question is NO,your application will require a special
review to determine eligibility:
Did you register with FEMA for storm related assistance for structural damage to the home? ❑ Yes ❑ No
DAMAGED RESIDENCE INFORMATION
Damaged Residence Address:
City, State,Zip:
Damaged Residence Phone:
Do you have an appraisal for your property that was completed before September 24, 2005? ❑ Yes ❑ No
If yes,what was the date of appraisal?
If yes,what is the appraised value of the property?
Type of Structure: (including manufactured housing units,duplexes,or condominiums)
If a manufactured housing unit,did you own the land? ❑ Yes ❑ No
Was the property located in a floodplain? ❑ Yes ❑ No
❑ Don't Know
Have you obtained a building permit(s)to complete repairs to home?
❑ Yes ❑ No
If yes,what date did you obtain the building permit?
If yes,Permit No.
Ownership/Acquisition Deed of Damaged Residence ❑ Yes [] No
Are there any other names on the deed for the damaged residence?
If yes,provide information below(including any entity, for example,a Trust):
Form 14.22—h9oke Application Page 2 of 6
Revised:1 011 212 0 0 6
Last Name First Name Middle Name
Social Security No.:
If an Owner Entity—provide Tax ID number:
Date of Birth:
Daytime Telephone: )
ASSISTANCE REQUEST
Type of Assistance Requested:
❑ Emergency Repair(Max. $25,000) Amount Requested $
❑ Rehabilitation(Max. $65,000) Amount Requested $
❑ Reconstruct/New Construction(Max. $125,000) Amount Requested $
HOUSEHOLD COMPOSITION AND CHARACTERISTICS — List the Head of Household and all other
members of the household. Indicate the relationship of each family member to the Head of Household.
Household Member Name Relationship to Date of Birth Sex Social Security Number
Head of HH
Head of Household
HEAD of HOUSEHOLD(check one)—THIS INFORMATION IS REQUIRED.
It is being collected to ensure compliance with federal Fair Housing and Equal Opportunity-regulations.
Race of Head of Household:
❑ White ❑ Black/African American
❑ Asian ❑ American Indian/Alaska Native
❑ Native Hawauan/Other Pacific Islander ❑ Asian and White
❑ Black/African American and White ❑ American Indian/Alaska Native and White
❑ American Indian/Alaska Native and Black/African American ❑ Other Multi Racial
Ethnicity of Head of Household:
❑ Hispanic—A person of Mexican,Cuban., Puerto Rican, South or Central American. or other Spanish culture or
origin, regardless of race. Terms such as'`Latino"or"Spanish Origin apply to this category.
❑ Non-Hispanic—A person not of Mexican. Cuban, Puerto Rican, South or Central American,or other Spanish culture
or origin.regardless of race.
Fomf 14.22—Wake Application Page 3 of 6
Revised:10/12/2006
HURRICANE RITA VICTIMS INFORMATION
In order to be eligible to receive assistance under the Community Development Block Grant Disaster Recovery Program
for Hurricane Rita. housing either owned or rented by low income households must have been damaged as a result of
Hurricane Rita. Check all of the following that apply.
❑ The home occupied by persons in this household was damaged or destroyed September 24, 2005, by Hurricane Rita.
❑ I/we are currently homeless or living in sub-standard housing due to damage caused by Hurricane Rita.
Explain:
❑ I/we have been displaced from our housing due to damage caused by Hurricane Rita.
Explain:
❑ Other:
OTHER ASSISTANCE RECEIVED
Assistance provided under the Community Development Block Grant Disaster Recovery Program for Hurricane Rita may
not exceed a household's urunet housing needs. List all other sources of financial or housing assistance received (local.
state. federal. and private sources). List all insurance companies currently covering your real property. List all insurance
companies that were providing coverage to your real property on September 24, 2005.
Have you applied for any storm-related assistance for damage to your home from any source ❑ Yes ❑ No
(local. state. federal. private)? If yes,proceed with this section. If no. proceed to the income
section.
By signing this application, the applicant authorizes the state or any o f its duly authorized
representatives to verify the information contained herein, including this section. Title 18.
.Section 1001 of the U.S. Code states that a person is guilty o f a felony for knowingly and
willingly making,false or fraudulent statements to any department o f the United,States
Government.
FEMA
Have you received anv_ storm related assistance from FEMA for structural damage to your ❑ Yes ❑ No
home?
Amount Approved: $ Amount. if any. Received to Date: $
What is your FEMA Registration No.?
I)---------2)---------
SBA ❑ Yes ❑ No
Have you received any storm-related assistance from the SBA for damage to your home?
Amount Approved: $ Amount. if anv. Received to Date: $
What is your SBA Application No.?
----------
What is your SBA Loan No.:
INSURANCE
Have you received any storm-related assistance from your insurance company for damage to ❑ Yes ❑ No
your home?
Four 14.22—Wake Application page 4 of 6
Revised:10/12/2006
Insurance coverage in effect 9/24/2005 -
Claim received: $
Purpose:
❑ Insurance coverage currently in effect-
Purpose(fire, flood, wind,etc.):
OTHER SOURCES
❑ Other financial assistance received:
Purpose:
ATTACH ADDITIONAL SHEET IF THERE ARE ADDITIONAL SOURCES
INCOME INFORMATION
Includes: Wages. salaries and tips.alimony. child support. military income.part-time income. temporary-income. TANF.
Social Security, other benefits. other income.
FOOD STAMPS ARE NOT CONSIDERED INCOME—do not list food stamps.
List ALL household members and their incomes. Attach a separate sheet if you need more space.
Full Source of Income Pavment Basis
Household Member Name Tune (include employer name and Rate of Pay (weekly
student9
phone number) monthly,etc.)
Is there anyone in your household that is disabled? If so, please list them:
EXPENSE INFORMATION
Indicate the MONTHLY dollar expenditures for your famil . Circle any of the listed expenses that are delinquent.
Rent $ Phone $ Medical $ Credit Card $
Electric $ Car Payment $ Cable TV $ Credit Card $
Gas $ Car Insurance $ Medical Insurance $ Loan $
Water $ Child Care $ Rentals $ Loan $
Other s edl
Foe 14.22—Wake Applicabm
Revised:10/12/2006 page 5 of6
THIS APPLICATION IS THE FIRST STEP IN THE APPLICATION PROCESS FOR DISASTER
RELATED UNMET HOUSING NEEDS. INCOMPLETE APPLICATIONS WILL NOT BE
CONSIDERED. ALL INFORMATION REQUESTED BELOW MUST BE ATTACHED:
• AWARD OR DENIAL LETTERS FROM FEMA;
• AWARD OR DENIAL LETTERS FROM SBA;
• AWARD OR DENIAL LETTERS FROM PERSONAL INSURANCE;
DENOTE IF HOME IS ONE OF THE FOLLOWING Circle One):
• WOOD STRUCTURE
• BRICK STRUCTURE
• MOBILE HOME
• Provide label/seal Number.
• Provide certificate number:
• Provide serial number:
ALL BLANKS MUST BE COMPLETED OR HAVE "N/A" WRITTEN IN. THE APPLICATION
MUST BE SIGNED BY ALL PERSONS LISTED ON THE DEED.
RETURN TO: CITY OF BEAUMONT
HOUSING SERVICES DIVISION
801 MAIN STREET, SUITE 225
BEAUMONT,TEXAS 77701
ATTN: DISASTER PROGRAM APPLICATION
APPLICANT CERTIFICATION
I/We understand the information provided above is collected to determine if Uwe are eligible to receive assistance
under the Community Development Block Grant Disaster Recovery Program for Hurricane Rita.
I/We hereby certify that all the information provided herein is true and correct.
I/We understand that providing false statements or information is grounds for termination of housing assistance
and is punishable under federal law.
I/We authorize the above-referenced, the state of Texas and any of its duly authorized representatives to verify all
information provided on this application.
Signature of Applicant: Date
Signature of Co-Applicant: Date
Warning: Title 18,Section 1001 of the U.S. Code states that a person is guilty of a felony for knowingly and
willingly making false or fraudulent statements to any department of the United States Government.
Fam 14.22—hdake Application Page 6 of 6
Revised:10117!2006