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HomeMy WebLinkAboutRES 07-113 RESOLUTION NO. 07-113 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the Preliminary 2007 HUD Consolidated Grant Program Budget. The approved Budget is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of April, 2007. Mp��X111 i - Mayor Guy N. Goodson - s ..... � w i i 2007 CONSOLIDATED BLOCK GRANT PROGRAM APPLICATIONS Public Services/Public Facilities&Improvements/Emergency Shelter Set-Aside AMOUNT CDAC ADMINISTRATION CITY COUNCIL ORGANIZATION REQUESTED RECOMMENDATIONS RECOMMENDATIONS RECOMMENDATIONS PUBLIC SERVICES 1. Angel of Mercy Ministries $20,000.00 $0.00 $0.00 $0.00 2. Child Abuse and Forensic Services $20,000.00 $20,000.00 $20,000.00 $20,000.00 3. BCHDO $20,000.00 $0.00 $0.00 $0.00 4. Christian Women's Job Corp. $24,030.00 $18,600.00 $18,600.00 $18,600.00 5. The Evergreen Cemetery Foundation $13,855.00 $0.00 $0.00 $0.00 S. IEA-Inspire, Encourage,Achieve $7,380.00 $7,380.00 $7,380.00 $7,380.00 7. Lamar University Community Outreach $18,450.00 $0.00 $0.00 $0.00 8. Nutrition and Services for Seniors $16,275.00 $16,275.00 $16,275.00 $16,275.00 9. Power of Praise Christian Center $20,000.00 $0.00 $0.00 $0.00 10. Satiation Army-Boys and Girls Club $17,500.00 $0.00 $0.00 $0.00 11. Southeast Texas Family Resource Center $20,000.00 $20,000.00 $20,000.00 $20,000.00 12. YMCA-L. L. Melton $20,000.00 $12,745.00 $12,745.00 $12,745.00 Total Public Services $217,490.00 $95,000.00 $95,000.00 $95,000.00 PUBLIC FACILITIES AND IMPROVEMENTS 13. Beaumont Habitat for Humanity $20,000.00 $0.00 $0.00 $0.00 14. Clovieres Affordable Housing $17,500.00 $0.00 $0.00 $0.00 15. Power of Praise Christian Center $20,000.00 $0.00 $0.00 $0.00 16. Spindletop MHMR $10,000.00 $10,000.00 $10,000.00 $10,000.00 17. SE TX Police Activities League, Inc. $20,000.00 $20,000.00 $20,000.00 $20,000.00 Total Public Facilities and Improvements $87,500.00 $30,000.00 $30,000.00 $30,000.00 TOTALS REQUESTEDIAWARDED $304,990.00 $125,000.00 $125,000.00 $125,000.00 PUBLIC SERVICES(EMERGENCY SHELTER SET-ASIDE) 18. Family Services of Southeast Texas $33,000.00 $16,000.00 $16,000.00 $16,000.00 19. Henry's Place $49,750.00 $31,480.00 $31,480.00 $31,480.00 20. Salvation Army of Beaumont $20,000.00 $16,000.00 $16,000.00 $16,000.00 21. Watts Home Inc. $21,521.00 $21,520.00 $21,520.00 $21,520.00 TOTALS REQUESTED/AWARDED $124,271.00 $85,000.00 $85,000.00 $85,000.00 * CDAC recommends food and maintenance only-no liability insurance T RICH WITH OPPORTUNITY r T E • X • A S Consolidated Grant Program GRANT AGREEMENT This Grant Agreement is made by and entered into between the City of Beaumont,Texas,hereinafter referred to as CITY, and Antioch Baptist Church for Jehovah Jireh Village Community Development Center Inc.,hereinafter referred to as SUBRECIPIENT,for Community Development Block Grant funds, Infrastructure Line Item,pursuant to the authority of Resolution 07-113,passed by the Beaumont City Council on April 17,2007. This assistance will be funded in whole by the U. S.Department of Housing and Urban Development,Community Development Block Grant Program B-07-MC-48-0003. WHEREAS, CITY has received funds from the U. S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for; and WHEREAS,CITY has designated the Department of Public Works,Planning Division, Community Development Grants Administration Section responsible for the administration of this Agreement and all matters pertaining thereto; and WHEREAS, CITY wishes to engage SUBRECIPIENT to carry out such project; NOW, THEREFORE,the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter described. 1. TERM Subject to the provisions of this Grant Agreement, the CITY will snake funding assistance available to SUBRECIPIENT upon execution of the Grant Agreement by both parties. The grant period will extend from October 11,2008,through December 30, 2008,unless sooner terminated in accordance with Section 25, "Termination". 2. RESPONSIBILITIES SUBRECIPIENT hereby accepts the responsibility for the performance of all services and activities described in the Statement of Work attached hereto as Exhibit A, and incorporated herein by reference,in a satisfactory and efficient manner as determined by CITY,in accordance with the terms herein. CITY will consider SUBRECIPIENT'S executive officer to be SUBRECIPIENT'S representative responsible for the management of all contractual matters pertaining hereto, unless written notification to the contrary is received from SUBRECIPIENT, and approved by CITY. 1 The CITY'S Grants Administrator will be CITY'S representative responsible for the administration of this Agreement. Beneficiaries of the activities to be provided hereunder must reside in the City of Beaumont and SUBRECIPIENT certifies that the activities carried out with Community Development Block Grant funds under 24 CFR Part 570 (as now in effect and as may be amended from time to time), herein attached as Exhibit B,and incorporated herein by reference, shall meet the program's National Objective of benefit to low and moderate income persons. SUBRECIPIENT shall provide services to persons of whom at least 51% have low to moderate income, income that is equal to or lower than 80%of the median income of the Beaumont standard metropolitan statistical area. To accomplish this,the SUBRECIPIENT shall use the current applicable income limits published by the U. S. Department of Housing and Urban Development for lower income housing assistance under Section 8 of the United States Housing Act of 1937 herein attached as Exhibit C. Income eligibility shall be determined by the sum of the gross income of all individuals residing in the household. Services must be provided directly to or on behalf of specific identified eligible clients. 3. CITY'S OBLIGATION A. Limit of Liability. CITY will reimburse SUBRECIPIENT for expenses incurred pursuant and in accordance with the project budget attached hereto as Exhibit D and the Statement of Work herein attached as Exhibit A and incorporated herein by reference.Notwithstanding any other provision of the Agreement, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of$30,000. B. Measure of Liability. In consideration of full and satisfactory services and activities hereunder by SUBRECIPIENT and receipt of a request for payment with appropriate documentation of expenditures,CITY shall make payments to SUBRECIPIENT based on the Project Budget attached hereto and incorporated herein for all purposes as Exhibit D, subject to the limitations and provisions set forth in this Section and Section 7 of this Agreement. Payments may be contingent upon certification of the SUBRECIPIENTS's financial management system in accordance with the standards specified in OMB Circular A-110, attached hereto as Exhibit E and incorporated herein by reference. 1. The parties expressly understand and agree that the CITY's obligations under this Section are contingent upon the actual receipt of adequate Community Development Block Grant (CDBG) funds to meet CITY's liabilities under this Agreement. If adequate funds are not available to make payments under this Agreement, CITY shall notify SUBRECIPIENT in writing within a reasonable time after such fact has been determined. CITY may, at its option, either reduce the amount of its liability, as specified in Subsection A of this Section or terminate the Agreement. If CDBG funds eligible for use for purposes of this Agreement are reduced, CITY shall not be liable for further payments due to SUBRECIPIENT under this Agreement 2. It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of Beaumont. 3. CITY shall not be liable for any cost or portion thereof which: (a) has been paid,reimbursed or is subj ect to payment or reimbursement,from any other source; (b) was incurred prior to the beginning date, or, without prior approval from CITY, after the ending date specified in Section 1; (c) is not in strict accordance with the terms of this Agreement, including all exhibits attached hereto; (d) reimbursement from CITY has not been requested within 90 calendar days following billing to SUBRECIPIENT, or termination of the Agreement, whichever date is earlier; or (e) is not an allowable cost as defined by Section 10 of this Agreement or the project budget. 4. CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of SUBRECIPIENT requiring prior written authorization from CITY, or after CITY has requested that SUBRECIPIENT furnish data concerning such action prior to proceeding further, unless and until CITY advises SUBRECIPIENT to proceed. 5. CITY shall not be obligated or liable under this Agreement to any party other than SUBRECIPIENT for payment of any monies or provision of any goods or services. 4. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS A. SUBRECIPIENT understands that funds provided pursuant to this Agreement are funds which have been made available to CITY by the Federal Government(U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assurances. Accordingly,SUBRECIPIENT assures and certifies that it will comply with the requirements of the Housing and Community Development Act of 1974(P.L.93-383)as amended and with regulations promulgated thereunder, and codified at 24 CFR 570, Exhibit B. The foregoing is in no way meant to constitute a complete compilation of all duties imposed upon SUBRECIPIENT by law or administrative ruling, or to narrow the standards which SUBRECIPIENT must follow. SUBRECIPIENT further assures and certifies that if the regulations and issuances promulgated pursuant to the Act are amended or revised,it shall comply with them, or notify CITY, as provided in Section 23 of this Agreement. SUBRECIPIENT agrees to abide by the conditions of and comply with the requirements of the Office of Management and Budget Circulars Nos. A-110, A-122, A-87 and A-133 as applicable. B. SUBRECIPIENT shall comply with all applicable federal laws, laws of the State of Texas, ordinances of the City of Beaumont and local program requirements. C. SUBRECIPIENT is required to comply with the applicable uniform administrative requirements as described in 24 CFR 570.502 and 24 CFR 570 subpart K with the exceptions noted below: 1. SUBRECIPIENT does not assume CITY'S environmental responsibilities described at CFR 570.604; and 2. SUBRECIPIENT does not assume the CITY'S responsibility for initiating the review process under the provisions of 24 CFR Part 52. 5. REPRESENTATIONS A. SUBRECIPIENT assures and guarantees that it possesses the legal authority,pursuant to any proper,appropriate and official motion,resolution or action passed or taken,to enter into this Agreement. B. The person or persons signing and executing this Agreement on behalf of SUBRECIPIENT, does hereby warrant and guarantee that he, she, or they have been fully authorized by SUBRECIPIENT to execute this Agreement on behalf of SUBRECIPIENT and to validly and legally bind SUBRECIPIENT to all terms, performances and provisions herein set forth. C. CITY shall have the right,at its option,to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either SUBRECIPIENT or the person signing the Agreement to enter into this Agreement. SUBRECIPIENT is liable to CITY for any money it has received from CITY for performance of the provisions of this agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Section. D. SUBRECIPIENT agrees that the funds and resources provided SUBRECIPIENT under the terms of this Agreement will in no way be substituted for funds and resources from other sources,nor in any way serve to reduce the resources, services,or other benefits which would have been available to, or provided through, SUBRECIPIENT had this Agreement not been executed. 6. PERFORMANCE BY SUBRECIPIENT SUBRECIPIENT will provide, oversee, administer, and carry out all of the activities and services set out in the Statement of Work, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in the Project Budget, Exhibit D, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satisfactory performance of the program,as determined solely by CITY and in accordance with all other terms,provisions and requirements of this Agreement. No modifications or alterations may be made in the Statement of Work without the prior written approval of the City's Community Development Grants Administrator. 7. PAYMENTS TO SUBRECIPIENT A. Payments to SUBRECIPIENT. The CITY shall pay to the SUBRECIPIENT a maximum amount ofmoney totaling 3$ 0,000 for services rendered under this Agreement. CITY will pay these funds on a reimbursement basis to the SUBRECIPIENT within thirty days after CITY has received approved supporting documentation of eligible expenditures. SUBRECIPIENT's failure to request reimbursement on a timely basis may jeopardize present or future funding. Funds are to be used for the sole purpose of providing services described in the Statement of Work herein attached as Exhibit A and based on the Project Budget herein attached as Exhibit D. B. Excess Payment. SUBRECIPIENT shall refund to CITY within ten working days of CITY's request, any sum of money which has been paid by CITY and which CITY at any time thereafter determines: 1. has resulted in overpayment to SUBRECIPIENT; or 2. has not been spent strictly in accordance with the terms of this Agreement; or 3. is not supported by adequate documentation to fully justify the expenditure. C. Disallowed Costs: Upon termination of this Agreement, should any expense or change for which payment has been made be subsequently disallowed or disapproved as a result of any auditing or monitoring by CITY, the U. S. Department of Housing and Urban Development, or any other Federal agency, SUBRECIPIENT will refund such amount to CITY within ten working days of a written notice to SUBRECIPIENT,which specifies the amount disallowed. Refunds of disallowed costs may not be made from these or any funds received from or through CITY. D. Reversion of Assets. Upon expiration of this Agreement, SUBRECIPIENT shall transfer to the CITY any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. If CITY finds that SUBRECIPIENT is unwilling and/or unable to comply with any of the terms of this Contract, CITY may require a refund of any and all money expended pursuant to this Contract by SUBRECIPIENT, as well as any remaining unexpended funds which shall be refunded to CITY within ten working days of written notice to SUBRECIPIENT to revert these financial assets. The revision of these financial assets shall be in addition to any other remedy available to CITY either at law or in equity for breach of this Contract. 8. WARRANTIES SUBRECIPIENT represents and warrants that: A. All information,reports and data heretofore or hereafter requested by CITY and furnished to CITY,are complete and accurate as of the date shown on the information,data,or report,and, since that date, have not undergone any significant change without written notice to CITY. B. Any supporting financial statements heretofore requested by CITY and furnished to CITY,are complete, accurate and fairly reflect the financial condition of SUBRECIPIENT on the date shown on said report, and the results of the operation for the period covered by the report,and that since said date, there has been no material change, adverse or otherwise, in the financial condition of SUBRECIPIENT. C. No litigation or legal proceedings are presently pending or threatened against SUBRECIPIENT. D. None of the provisions herein contravene or are in conflict with the authority under which SUBRECIPIENT is doing business or with the provisions of any existing indenture or agreement of SUBRECIPIENT. E. SUBRECIPIENT has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of SUBRECIPIENT are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by SUBRECIPIENT to CITY. G. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. 9. COVENANTS A. During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, SUBRECIPIENT shall not, without the prior written consent of the Community Development Administrator or his authorized representative: 1. Mortgage,pledge,or otherwise encumber or suffer to be encumbered,any of the assets of SUBRECIPIENT now owned or hereafter acquired by it,or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to any assets of SUBRECIPIENT which are allocated to the performance of this Agreement and with respect to which CITY has ownership hereunder. 2. Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. 3. Sell, convey, or lease all or substantial part of its assets. 4. Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, surety, or accommodation endorser. 5. Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to SUBRECIPIENT by CITY, unless CITY authorizes such transfer. B. SUBRECIPIENT agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Community Development Division. 10. ALLOWABLE COSTS A. Costs shall be considered allowable only if incurred directly and specifically in the performance of and in compliance with this Agreement and in conformance with the standards and provisions of Exhibits A and D. B. Approval of SUBRECIPIENT's project budget, Exhibit D, does not constitute prior written approval, even though certain items may appear herein. CITY's prior written authorization is required in order for the following to be considered allowable costs: 1. CITY shall not be obligated to any third parties, including any subSubrecipients of SUBRECIPIENT, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Agreement. 2. Out of town travel. 3. Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are conducted. 4. Any alterations, deletions or additions to the Personnel Schedule incorporated in Exhibit D. 5. Costs or fees for temporary employees or services. 6. Any fees or payments for consultant services. 7. Fees for attending out of town meetings, seminars or conferences. Written requests for prior approval are SUBRECIPIENT's responsibility and shall be made within sufficient time to permit a thorough review by CITY. SUBRECIPIENT must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal property. Any procurement or purchase which may be approved under the terms of this Agreement must be conducted in its entirety in accordance with the provisions of this Agreement. C. Equipment purchased by SUBRECIPIENT will be affixed with an asset tag by a Community Development representative and will remain in inventory for a period of five (5) years. During inventory period the equipment, belonging to the Department of Housing and Urban Development is to be used to carry out the proposed activities described in the Statement of Work,Attachment A,and as such may not be sold,donated,or destroyed. After the inventory period,ownership of the equipment will revert to the SUBRECIPIENT with all rights thereof. 11. PROGRAM INCOME A. For purposes of this Agreement,program income means earnings of SUBRECIPIENT realized from activities resulting from this Agreement or from SUBRECIPIENT's management of funding provided or received hereunder. Such earnings include,but are not limited to,income from interest,usage of rental or lease fees,income produced from contract-supported services of individuals or employees or from the use or sale of equipment or facilities of SUBRECIPIENT provided as a result of this Agreement, and payments from clients or third parties for services rendered by SUBRECIPIENT under this Agreement. B. SUBRECIPIENT shall maintain records of the receipt and disposition of program income in the same manner as required for other contract funds, and reported to CITY in the format prescribed by CITY. CITY and SUBRECIPIENT agree, that any fees collected for services performed by SUBRECIPIENT shall be used for payment of costs associated with service provision. Revenue remaining after payment of all program expenses for service provision shall be considered Program Income and shall be subject to all the requirements of this Agreement and the regulations found at CFR 24, Section 570.504. C. SUBRECIPIENT shall include this Section in its entirety in all of its sub-contracts which involve other income producing services or activities. D. It is SUBRECIPIENT's responsibility to obtain from CITY aprior determination as to whether or not income arising directly or indirectly from this Agreement,or the performance thereof, constitutes program income. SUBRECIPIENT is responsible to CITY for the repayment of any and all amounts determined by CITY to be program income, unless otherwise approved in writing by CITY. 12. MAINTENANCE OF RECORDS A. SUBRECIPIENT agrees to maintain records that will provide accurate,current,separate, and complete disclosure of the status of funds received under this Agreement,in compliance with the provisions of Exhibit D, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management including OMB circulars A-87, A-110, A-122 and A-133 as applicable; Title 24 CFR Section 570.502 (b); Title 24 CFR Sections 570.504 and 570.506 as they pertain to costs incurred, audits, program income, administration and other activities and functions. SUBRECIPIENT's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve SUBRECIPIENT of fiscal accountability and liability under any other provision of this Agreement or any applicable law. SUBRECIPIENT shall include the substance of this provision in all subcontracts. B. SUBRECIPIENT agrees to retain all books, records, documents, reports and written accounting procedures pertaining to the operation of programs and expenditures of funds under this Agreement for five years. C. Nothing in the above subsections shall be construed to relieve SUBRECIPIENT of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Agreement. D. At any reasonable time and as often as CITY may deem necessary the SUBRECIPIENT shall make available to CITY,the U. S. Department of Housing and Urban Development,or any of their authorized representatives,all of its records and shall permit CITY,the U. S.Department of Housing and Urban Development, or any of their authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices,materials,payrolls,records ofpersonnel,conditions or employment and all other data requested by said representatives. 13. REPORTS AND INFORMATION At such times and in such form as CITY may require SUBRECIPIENT shall furnish such statements,records,data and information as CITY may request and deem pertinent to matters covered by this Agreement. SUBRECIPIENT shall submit beneficiary and financial reports to CITY,as requested,at least once and not to exceed quarterly during the program year. The beneficiary report shall detail client information,including race,income,female head of household and other statistics required by CITY. The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section 1 of this Agreement. Beneficiary and financial reports shall be due to CITY within 15 working days after request by CITY. Unless the CITY has granted a written exemption, SUBRECIPIENT shall submit a copy of any audit conducted by independent examiners in accordance with Generally Accepted Accounting Principles. If the SUBRECIPIENT receives more than $500,000 in federal funding, the audit must be conducted in accordance with OMB Circular A-133 as applicable. 14. MONITORING AND EVALUATION A. CITY shall perform on-site monitoring of SUBRECIPIENT's performance under this Agreement. B. SUBRECIPIENT agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by SUBRECIPIENT to the Statement of Work attached hereto as Exhibit A, as well as other provisions of this Agreement. C. SUBRECIPIENT agrees to cooperate fully with CITY in the development,implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsibilities. D. SUBRECIPIENT agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. E. After each official monitoring visit,CITY shall provide SUBRECIPIENT with a written report ofmonitoring findings documenting findings and concerns that will require a written response to the CITY. An acceptable response must be received by the CITY within sixty(60) days from the SUBRECIPIENT's receipt of the monitoring report or audit review letter. Future contract payments can be withheld for SUBRECIPIENT's failure to submit a response within sixty(60) days. F. SUBRECIPIENT shall submit copies of any fiscal, management, or audit reports by any of SUBRECIPIENT's funding or regulatory bodies to CITY within five working days of receipt by SUBRECIPIENT. 15. DIRECTOR'S MEETINGS During the terms of this Agreement, SUBRECIPIENT shall cause to be delivered to CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed SUBRECIPIENT understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings. Minutes of all meetings of SUBRECIPIENT's governing body shall be available to CITY within ten days after Board approval. 16. INSURANCE A. SUBRECIPIENT shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. B. The premises on and in which the activities described in Exhibit A are conducted, and the employees conducting these activities, shall be covered by liability insurance, commonly referred to as"Owner/Tenant"coverage with CITY named as additional insured. Upon request of SUBRECIPIENT, CITY may, at its sole discretion, approve alternate insurance coverage arrangements. C. SUBRECIPIENT 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. D. SUBRECIPIENT will maintain adequate and continuous liability insurance on all vehicles owned,leased or operated by SUBRECIPIENT. All employees of SUBRECIPIENT 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 valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in SUBRECIPIENT's files. E. Actual losses not covered by insurance as required by this Section are not allowable under this Agreement, and remain the sole responsibility of SUBRECIPIENT. F. The policy or policies of insurance shall contain a clause which requires that CITY and SUBRECIPIENT be notified in writing of any cancellation or change in policy at least thirty (30) days prior to such change or cancellation. 17. CIVIL RIGHTS/EQUAL OPPORTUNITY A. SUBRECIPIENT shall comply with all applicable equal opportunity and affirmative action laws or regulations. The SUBRECIPIENT shall not discriminate against any employee or applicant for employment because of race, color, creed,religion, national origin,gender, age or disability. The SUBRECIPIENT will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising,layoff,termination,rates of pay or other forms of compensation and selection for training, including apprenticeship. B. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063 and Executive Order 11246 as amended by Executive Orders 11375 and 12086. C. SUBRECIPIENT will furnish all information and reports requested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations. D. In the event of SUBRECIPIENT's non-compliance with the non-discrimination requirements, CITY may cancel or terminate the Agreement in whole or in part, and SUBRECIPIENT may be barred from further contracts with CITY. 18. PERSONNEL POLICIES Personnel policies shall be established by SUBRECIPIENT and shall be available for examination. Such personnel policies shall: A. Be in writing and shall be approved by the governing body of SUBRECIPIENT and CITY. 19. CONFLICT OF INTEREST A. SUBRECIPIENT covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. SUBRECIPIENT further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. SUBRECIPIENT further covenants that no member of its governing body or its staff, subSubrecipients or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself or others particularly those with which he has family,business, or other ties. C. No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his or her personal interest or the interest in any corporations, partnership, or association in which he or she has a direct or indirect interest. 20. NEPOTISM SUBRECIPIENT shall not employ in any paid capacity any person who is a member of the immediate family of any person who is currently employed by SUBRECIPIENT, or is a member of SUBRECIPIENT's governing board. The term "member of immediate family" includes wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step—parent, step-child, half-brother and half-sister. 21. POLITICAL OR SECTARIAN ACTIVITY A. Neither the funds advanced pursuant to this Agreement, nor any personnel which may be employed by the SUBRECIPIENT with funds advanced pursuant to this Agreement shall be in any way or to any extent engaged in any conduct or political activity in contravention of Chapter 15 of Title 5 of the United States Code. B. The SUBRECIPIENT agrees that none of the funds or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office, or for publicity, lobbying and/or propaganda purposes designed to support or defeat pending legislation. Employees of the SUBRECIPIENT connected with any activity that is funded in whole or in part by funds provided to SUBRECIPIENT under this Agreement may not under the term of this Agreement: 1. Use their official position or influence to affect the outcome of an election or nomination. 2. Solicit contributions for political purposes; or 3. Take an active part in political management or in political campaigns. SUBRECIPIENT hereby agrees to sign a Certification Regarding Lobbying included herein as Exhibit F and if necessary, the Disclosure of Lobbying Activities provided by the CITY. 22. PUBLICITY A. Where such action is appropriate, SUBRECIPIENT shall publicize the activities conducted by SUBRECIPIENT under this Agreement. In any news release, sign, brochure, or other advertising medium, disseminating information prepared or distributed by or for SUBRECIPIENT,the advertising medium shall state that the U.S.Department ofHousing and Urban Development's Community Development Block Grant Program funding through the City of Beaumont has made the project possible. B. All published material and written reports submitted under this project must be originally developed material unless otherwise specifically provided in this Agreement. When material not originally developed is included in a report,the report shall identify the source in the body of the report or by footnote. This provision is applicable when the material is in a verbatim or extensive paraphrase format. All published material submitted under this project shall include the following reference on the front cover or title page: This document is prepared in accordance with the City of Beaumont's Community Development Block Grant Program,with funding received from the United States Department of Housing and Urban Development. C. All reports, documents, studies, charts, schedules or other appended documentation to any proposal,content of basic proposal,or contracts and any responses, inquires, correspondence and related material submitted by SUBRECIPIENT. 23. CHANGES AND AMENDMENTS A. Any alterations, additions or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. SUBRECIPIENT may not make transfers between or among approved line items within project budget categories set forth in Exhibit D without prior written approval of CITY. SUBRECIPIENT shall request,in writing,the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Agreement. In addition, budget revisions cannot significantly change the nature, intent or scope of the program funded under this Agreement. C. SUBRECIPIENT will submit revised budget and program information,whenever the level of funding for SUBRECIPIENT or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit D. D. It is understood and agreed by the parties hereto that changes in the State,Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. E. CITY may, from time to time during the term of the Agreement, request changes in Exhibit A, which may include an increase or decrease in the amount of SUBRECIPIENT's compensation. Such changes shall be incorporated in a written amendment hereto,as provided in Subsection A of this Section. F. Any alterations,deletion,or additions to the Contact Budget Detail incorporated in Exhibit D shall require the prior written approval of CITY. G. SUBRECIPIENT agrees to notify CITY of any proposed change in physical location for work performed under this Agreement at leaset thirty(30) calendar days in advance of the change. H. SUBRECIPIENT shall notify CITY of any changes in personnel or governing board composition. 24. SUSPENSION OF FUNDING Upon determination by CITY of SUBRECIPIENT's failure to timely and properly perform each of the requirements,time conditions and duties provided herein,CITY,without limiting any rights it may otherwise have,may,at its discretion,and upon ten working days written notice to SUBRECIPIENT, withhold further payments to SUBRECIPIENT. Such notice may be given by mail to the Executive Officer and the Board of Directors of SUBRECIPIENT. The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action,but in no event shall it exceed thirty(30) calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, SUBRECIPIENT may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If however,CITY determines that SUBRECIPIENT has not come into compliance,the provisions of Section 25 may be effectuated. 25. TERMINATION A. CITY may terminate this Agreement for cause under any of the following reasons or for other reasons not specifically enumerated in this paragraph. 1. SUBRECIPIENT's failure to attain compliance during any prescribed period of suspension as provided in Section 24. 2. SUBRECIPIENT's failure to materially comply with any of the terms of this Agreement. 3. SUBRECIPIENT's violation of covenants, agreements or guarantees of this Agreement. 4. Termination or reduction of funding by the United States Department of Housing and Urban Development. 5. Finding by the CITY that SUBRECIPIENT a. is in such unsatisfactory financial condition as to endanger performance under this Agreement. b. has allocated inventory to this Agreement substantially exceeding reasonable requirements; C. is delinquent in payment of taxes,or of costs of performance of this Agreement in the ordinary course of business. 6. Appointment of a trustee, receiver or liquidator for all or substantial part of SUBRECIPIENT's property, or institution of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against SUBRECIPIENT. 7. SUBRECIPIENT's inability to conform to changes required by Federal,State and local laws or regulations as provided in Section 4, and Section 23 (D), of this Agreement. 8. The commission of an act of bankruptcy. 9. SUBRECIPIENT's violation of any law or regulation to which SUBRECIPIENT is bound or shall be bound under the terms of the Agreement. CITY shall promptly notify SUBRECIPIENT in writing of the decision to terminate and the effective date of termination. Simultaneous notice of pending termination maybe made to other funding sources specified in Exhibit D. B. CITY may terminate this Agreement for convenience at any time. If CITY terminates the Agreement for convenience, SUBRECIPIENT will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of SUBRECIPIENT covered by the Agreement, less payments previously made. C. SUBRECIPIENT may terminate this Agreement in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which SUBRECIPIENT depends for performance hereunder. SUBRECIPIENT may opt,within the limitations of this Agreement, to seek an alternative funding source,with the approval of CITY,provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between SUBRECIPIENT and the funding source in question. SUBRECIPIENT may terminate this Agreement upon the dissolution of SUBRECIPIENT's organization not occasioned by a breach of this Agreement. D. Upon receipt of notice to terminate, SUBRECIPIENT shall cancel, withdraw or otherwise terminate any outstanding orders or subcontracts, which relate to the performance of this Agreement. CITY shall not be liable to SUBRECIPIENT or SUBRECIPIENT's creditors for any expenses, encumbrances or obligations whatsoever incurred after the termination date listed on the notice to terminate referred to in this paragraph. E. Notwithstanding any exercise by CITY of its right of suspension or termination, SUBRECIPIENT shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by SUBRECIPIENT, and CITY may withhold any reimbursement to SUBRECIPIENT until such time as the exact amount of damages due to CITY from SUBRECIPIENT is agreed upon or otherwise determined. 26. NOTIFICATION OF ACTION BROUGHT In the event that any claim,demand, suit or other action is made or brought by any person(s), firm,corporation or other entity against SUBRECIPIENT,SUBRECIPIENT shall give written notice thereof to CITY within two working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit or other action, the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding, the basis of such claim, action or proceeding, and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail. 27. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that CITY is contracting with SUBRECIPIENT as an independent SUBRECIPIENT and that as such,SUBRECIPIENT shall save and hold CITY, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claims, audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of SUBRECIPIENT. B. SUBRECIPIENT agrees to provide the defense for,and to indemnify and hold harmless CITY, its agents, employees, or SUBRECIPIENTs from any and all claims, suits, causes of action, demands,damages,losses,attorney fees,expenses,and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or SUBRECIPIENTS. 28. NON-RELIGIOUS ACTIVITIES The SUBRECIPIENT will provide all services under this Agreement in a manner that is exclusively non-religious in nature and scope. There shall be no religious services, proselytizing, instruction or any other religious preference, influence or discrimination in connection with providing the services hereunder. 29. MISCELLANEOUS A. SUBRECIPIENT shall not transfer,pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder, to any party or parties,bank,trust company or other financial institution without the prior written approval of CITY. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to SUBRECIPIENT hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by SUBRECIPIENT. Neither shall such payment,act,or omission in any manner impair or prejudice any right,power,privilege, or remedy available to CITY to enforce its rights hereunder,which rights,powers,privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding or other commitment antecedent to this Agreement, whether written or oral, shall have no force or effect whatsoever; nor shall an agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules,codes,laws, ordinances or regulations, CITY as the party ultimately responsible to the U. S. Department of Housing and Urban Development for matters of compliance, will have the final authority to render or to secure an interpretation. F. For the purpose of this Agreement,all official communications and notices among the parties shall be deemed made if sent postage paid to the parties and addresses set forth below: TO CITY: TO SUBRECIPIENT: Mr. Kyle Hayes Rev. John Adolph City Manager Antioch Baptist Church City of Beaumont Jehovah Jireh Village Community P. O. Box 3827 Development Center, Inc. Beaumont, TX 77704 3920 West Cardinal Drive Beaumont, Texas 77705 G. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court competent jurisdiction sitting in Jefferson County Texas. IN WITNESS OF WHICH this Agreement has been executed on this the day of Novemk- , 2008. CITY OF BEAUMONT: ATTEST: v BY: BY: Kyle Hayes, City Manager Tina Broussard, City Clerk ANTIOCH BAPTIST CHURCH: ATTEST: Jehovah Jireh Village Community Development Center BY: Nr—" BY: ev. John' dolph Board Secretary EXHIBIT A STATEMENT OF WORK Antioch Baptist Church, located at 3920 W. Cardinal Drive, Beaumont, Texas 77701, shall use the funds ($30,000)for additional Infrastructure development for Jehovah Jireh Village, undeveloped property, 9.9762 acre tract or parcel of land out of and part of Block 13 and a portion of an abandoned street right of way M. C. Cartwright Subdivision, Volume 4, Page 194. Map Records J. W. Bullock Survey, Abstract No. 7, Beaumont,Jefferson County, Texas. Infrastructure Improvements will include overhead primary electrical service and underground secondary. Additionally, this includes the construction of a water line in preparation for a looped water system. Primarily but not exclusively, items such as preparing the right of way, curb inlets, sidewalks, sanitary sewer service (short and long sides), fire hydrants, primary and secondary electrical service and city water service are included in estimated project budget, Exhibit D. Infrastructure will provide for new construction of single-family Affordable Housing for low to moderate income citizens. Jehovah Jireh Village is located in Census Tract 23. 56.95% of the population of Census Tract 23 is low to moderate income families. SUBRECIPIENT shall provide to the City of Beaumont an itemized budget detailing the expenditures and encumbrances. Reports will be due 90 days after execution of this agreement. EXHIBIT D - PROJECT BUDGET Section 0210 BID SCHEDULE For construction of: Roads,Utilities,and Drainage for Prop Subdivision in Beaumont 18-Dec-07 For: Jehovah Jireh Pa e 12A of 12C Item Item I Estimated Unit No Code Description Quantity Unit Price Unit Price Written 100 001 1 PREPARING RIGHT OF WAY 5 AC $7,500.00 and /100 Dollars $37,500.00 132 1 001 EMBANKMENT TY B 786 CY $5.00 and /100 Dollars $3,930.00 CONIC.PAVEMENT(JOINT REINF) 360 001 (CLASS A)(6 IN)WITH 2"SAND CUSHION 1980 SY $40.00 and /100 Dollars $79,200.00 400 001 STRUCTURAL EXCAVATION 24 CY $24.62 and /100 Dollars $590.8P 402 1 001 TRENCH EXCAV.PROTECTION-STORM SEWER 85 LF $1.50 and /100 Dollars $127.50 402 002 TRENCH EXCAV.PROTECTION-SANITARY SEWER 565 LF $1.50 and /100 Dollars $847.50 402 003 TRENCH EXCAV.PROTECTION-WATER 120 LF $1.50 and /100 Dollars $180.00 432 001 RIP RAP CONC 5" 6 CY $432.43 and /100 Dollars $2,594.58 464 001 15"RCP CLASS III 27 LF $45.00 and /100 Dollars $1,215.00 464 002 24"RCP CLASS III 171 LF 51.55 and /100 Dollars $8.815.05 465 001 CURB INLETS-TYPE A 2 EA $2,200.00 and /100 Dollars $4,400.00 BID SUBTOTAL-THIS PAGE $139,400.51 Section 0210 BID SCHEDULE Item Item Estimated Unit Pa e 12B of 12C No Code Description Quantity Unit Price Unit Price Written TEMPORARY EROSION CONTROL 506 001 INLET PROTECTION 2 EA $3.00 and /100 Dollars $6.00 TEMPORARY EROSION CONTROL 506 002 SEDIMENT CONTROL FENCE 1923 LF $2.50 and 1100 Dollars $4,808.23 TEMPORARY EROSION CONTROL 506 003 ICONSTRUCTION EXITS 1 EA $1,000.00 and /100 Dollars $1,000.00 531 001 SIDEWALK 4' 4" 329 LF $18.00 and /100 Dollars $5,922.00 702 001 6"PVC SANITARY SEWER SDR-35) 562 LF $18.50 and 1100 Dollars $10,395.72 702 002 SANITARY SEWER SERVICE(SHORT SIDE) 5 EA $250.00 and /100 Dollars $1,250.00 702 003 SANITARY SEWER SERVICE LONG SIDE 5 EA $450.00 and 1100 Dollars $2,250.00 702 004 6"x 2"CONCENTRIC REDUCER 1 EA $200.00 and /100 Dollars $200.00 FIBERGLASS MANHOLE 708 001 SANITARY SEWER 2 EA $2,000.00 and 1100 Dollars $4,000.00 807 001 6"X6"X6"TEE 1 EA $300.00 and /100 Dollars $300.00 808 001 FIRE HYDRANT ASSEMBLY COMP(TY A) 1 EA $2,300.00 and /100 Dollars $2,300.00 6"WATER MAINS 810 001 PVC C-900 675 LF $20.00 and /100 Dollars $13,500.00 2"WATER MAINS 810 002 PVC SDR-26) 152 LF $10.00 and /100 Dollars $1,520.00 810 003 PERMANENT FLUSH-OUT ASSEMBLY 1 EA $850.00 and 1100 Dollars $850.01, 810 004 TEMPORARY FLUSH-OUT ASSEMBLY 1 EA $850.00 and 1100 Dollars 850.00 BID SUBTOTAL THIS PAGE $49151.95 Section 0210 BID SCHEDULE Item Item Estimated Unit Pa e 12C of 12C No Code Description Quantity Unit Price Unit Price Written 810 004 WATER SERVICE SHORT SIDE 10 EA $250.00 and 1100 Dollars $2,500.00 810 005 WATER SERVICE LONG SIDE 8 EA $400.00 and /100 Dollars $3,200.00 811 001 6"RESILIENT GATE VALVE 1 EA $850.00 and /100 Dollars $850.00 10"x10"x6"TAP FEE BY CITY TO EXISTING 10"WATER LINE 1 EA $800.00 and /100 Dollars $800.00 BID SUBTOTAL-THIS PAGE $7,350.( BID SUBTOTAL-PAGE 1 $139,400.51 BID SUBTOTAL-PAGE 2 $49,151.95 BID SUBTOTAL-PAGE 3 $7,350.00 BID TOTA $195,902.46 PERFORMANCE BOND **Excluded from CDBG $2000.00 PAYMENT BOND **Excluded from CDBG $2000.00 BID GRAND TOTAL $214,902.46 ENGINEERING FEE ** frnm $20,000.00 STREET LIGHTS AND UNDERGROUND ELECTRICAL $15,000' TOTAL PROJECT 249 902.46 EXHIBIT F CERTIFICATION REGARDING LOBBYING Anti-Lobbying- On behalf of Antioch Baptist Church for the Jehovah Jireh Village Project and to the best of my knowledge and belief, I. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an office or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan or cooperative agreement, it will complete and submit Standard Form-LLL, "disclosure Form to Report Lobbying," in accordance with its instructions, and 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. ANTIOCH BAPTIST CHURCH ATTEST: BY: BY: Re' . John dolph Board Secretary l E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules,codes,laws, ordinances or regulations, CITY as the party ultimately responsible to the U. S. Department of Housing and Urban Development for matters of compliance,will have the final authority to render or to secure an interpretation. F. For the purpose of this Agreement,all official communications and notices among the parties shall be deemed made if sent postage paid to the parties and addresses set forth below: TO CITY: TO SUBRECIPIENT: Mr. Kyle Hayes Rev. John Adolph City Manager Antioch Baptist Church City of Beaumont Jehovah Jireh Village Community P. O. Box 3827 Development Center, Inc. Beaumont, TX 77704 3920 West Cardinal Drive Beaumont, Texas 77705 G. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court competent jurisdiction sitting in Jefferson County Texas. tl IN WITNESS OF WHICH this Agreement has been executed on this the day of Noveml cr ,2008. CITY OF BEAUMONT: ATTEST: BY: 1 `' BY: Kyle Hayes, City Manager 1W :1 %% Tina Broussard, City Clerk ANTIOCH BAPTIST CHURC W jATTEST: Jehovah Jireh Village Community o BY: BY: ev.John dolph Board Secretary RICH WITH OPPORTUNITY C T • E X • A • S WWY 96"mot Consolidated Grant Program GRANT AGREEMENT This Grant Agreement is made by and entered into between the City of Beaumont, Texas, hereinafter referred to as CITY, and The Salvation Army,a Georgia Corporation for the Salvation Armes Beaumont, Texas, hereinafter referred to as SUBRECIPIENT, pursuant to the authority of Resolution #07-113, passed by the Beaumont City Council on April 17,2007. This assistance will be funded in whole by the U. S. Department of Housing and Urban Development, Community Development Block Grant Program B-07-MC-48-0003. WHEREAS,CITY has received funds from the U. S.Department ofHousing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for; and WHEREAS, CITY has designated the Department of Public Works, Planning Division, Community Development Grants Administration Section responsible for the administration of this Agreement and all matters pertaining thereto; and WHEREAS, CITY wishes to engage SUBRECIPIENT to carry out such project; NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter described. 1. TERM Subject to the provisions of this Grant Agreement, the CITY will make funding assistance available to SUBRECIPIENT upon execution of the Grant Agreement by both parties. The grant program year July 1, 2007, through June 30, 2008, will be extended through March 31, 2009, unless sooner terminated in accordance with Section 25, "Termination". 2. RESPONSIBILITIES SUBRECIPIENT hereby accepts the responsibility for the performance of all services and activities described in the Statement of Work attached hereto as Exhibit A,and incorporated herein by reference, in a satisfactory and efficient manner as determined by CITY, in accordance with the terms herein. CITY will consider SUBRECIPIENT'S executive officer to be SUBRECIPIENT'S representative responsible for the management of all contractual matters pertaining hereto,unless written notification to the contrary is received from SUBRECIPIENT, and approved by CITY. The CITY'S CDBG Manager will be CITY'S representative responsible for the administration of this Agreement. Beneficiaries of the activities to be provided hereunder must reside in the City of Beaumont and SUBRECIPIENT certifies that the activities carried out with Community Development Block Grant funds under 24 CFR Part 570 (as now in effect and as may be amended from time to time), herein attached as Exhibit B, and incorporated herein by reference, shall meet the program's National Objective of benefit to low and moderate income persons. SUBRECIPIENT shall provide services to persons of whom at least 51% have low to moderate income, income that is equal to or lower than 80%of the median income of the Beaumont standard metropolitan statistical area. To accomplish this,the SUBRECIPIENT shall use the current applicable income limits published by the U. S. Department of Housing and Urban Development for lower income housing assistance under Section 8 of the United States Housing Act of 1937 herein attached as Exhibit C. Income eligibility shall be determined by the sum of the gross income of all individuals residing in the household. Services must be provided directly to or on behalf of specific identified eligible clients. 3. CITY'S OBLIGATION A. Limit of Liability. CITY will reimburse SUBRECIPIENT for expenses incurred pursuant and in accordance with the project budget attached hereto as Exhibit D and the Statement of Work herein attached as Exhibit A and incorporated herein by reference.Notwithstanding any other provision of the Agreement, the total of all payments and other obligations made or incurred by CITY hereunder shall not exceed the sum of$16,000. B. Measure of Liability. In consideration of full and satisfactory services and activities hereunder by SUBRECIPIENT and receipt of a request for payment with appropriate documentation of expenditures, CITY shall make payments to SUBRECIPIENT based on the Project Budget attached hereto and incorporated herein for all purposes as Exhibit D, subject to the limitations and provisions set forth in this Section and Section 7 of this Agreement. Payments may be contingent upon certification of the SUBRECIPIENTS's financial management system in accordance with the standards specified in OMB Circular A-110, attached hereto as Exhibit E and incorporated herein by reference. 1. The parties expressly understand and agree that the CITY's obligations under this Section are contingent upon the actual receipt of adequate Community Development Block Grant (CDBG) funds to meet CITY's liabilities under this Agreement. If adequate funds are not available to make payments under this Agreement, CITY shall notify SUBRECIPIENT in writing within a reasonable time after such fact has been determined. CITY may, at its option, either reduce the amount of its liability, as specified in Subsection A of this Section or terminate the Agreement. If CDBG funds eligible for use for purposes of this Agreement are reduced, CITY shall not be liable for further payments due to SUBRECIPIENT under this Agreement 2. It is expressly understood that this Agreement in no way obligates the General Fund or any other monies or credits of the City of Beaumont. 3. CITY shall not be liable for any cost or portion thereof which: (a) has been paid,reimbursed or is subject to payment or reimbursement,from any other source; (b) was incurred prior to the beginning date, or, without prior approval from CITY, after the ending date specified in Section 1; (c) is not in strict accordance with the terms of this Agreement, including all exhibits attached hereto; (d) reimbursement from CITY has not been requested within 90 calendar days following billing to SUBRECIPIENT, or termination of the Agreement, whichever date is earlier; or (e) is not an allowable cost as defined by Section 10 of this Agreement or the project budget. 4. CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of SUBRECIPIENT requiring prior written authorization from CITY, or after CITY has requested that SUBRECIPIENT furnish data concerning such action prior to proceeding further, unless and until CITY advises SUBRECIPIENT to proceed. 5. CITY shall not be obligated or liable under this Agreement to any party other than SUBRECIPIENT for payment of any monies or provision of any goods or services. 4. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS A. SUBRECIPIENT understands that funds provided pursuant to this Agreement are funds which have been made available to CITY by the Federal Government (U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assurances. Accordingly, SUBRECIPIENT assures and certifies that it will comply with the requirements of the Housing and Community Development Act of 1974(P.L. 93-383)as amended and with regulations promulgated thereunder, and codified at 24 CFR 570, Exhibit B. The foregoing is in no way meant to constitute a complete compilation of all duties imposed upon SUBRECIPIENT by law or administrative ruling, or to narrow the standards which SUBRECIPIENT must follow. SUBRECIPIENT further assures and certifies that ifthe regulations and issuances promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section 23 of this Agreement. SUBRECIPIENT agrees to abide by the conditions of and comply with the requirements of the Office of Management and Budget Circulars Nos. A-110, A-122, A-87 and A-133 as applicable. B. SUBRECIPIENT shall comply with all applicable federal laws, laws of the State of Texas, ordinances of the City of Beaumont and local program requirements. C. SUBRECIPIENT is required to comply with the applicable uniform administrative requirements as described in 24 CFR 570.502 and 24 CFR 570 subpart K with the exceptions noted below: 1. SUBRECIPIENT does not assume CITY'S environmental responsibilities described at CFR 570.604; and 2. SUBRECIPIENT does not assume the CITY'S responsibility for initiating the review process under the provisions of 24 CFR Part 52. 5. PRESENTATIONS A. SUBRECIPIENT assures and guarantees that it possesses the legal authority,pursuant to any proper, appropriate and official motion, resolution or action passed or taken,to enter into this Agreement. B. The person or persons signing and executing this Agreement on behalf of SUBRECIPIENT, does hereby warrant and guarantee that he, she, or they have been fully authorized by SUBRECIPIENT to execute this Agreement on behalf of SUBRECIPIENT and to validly and legally bind SUBRECIPIENT to all terms, performances and provisions herein set forth. C. CITY shall have the right,at its option,to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either SUBRECIPIENT or the person signing the Agreement to enter into this Agreement. SUBRECIPIENT is liable to CITY for any money it has received from CITY for performance of the provisions of this agreement if CITY has suspended or terminated this Agreement for the reasons enumerated in this Section. D. SUBRECIPIENT agrees that the funds and resources provided SUBRECIPIENT under the terms of this Agreement will in no way be substituted for funds and resources from other sources,nor in any way serve to reduce the resources, services,or other benefits which would have been available to, or provided through, SUBRECIPIENT had this Agreement not been executed. 6. PERFORMANCE BY SUBRECIPIENT SUBRECIPIENT will provide, oversee, administer, and carry out all of the activities and services set out in the Statement of Work, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in the Project Budget, Exhibit D, attached hereto and incorporated herein for all purposes and deemed by both parties to be necessary and sufficient payment for full and satisfactory performance of the program,as determined solely by CITY and in accordance with all other terms, provisions and requirements of this Agreement. No modifications or alterations may be made in the Statement of Work without the prior written approval of the City's Community Development Grants Administrator. 7. PAYMENTS TO SUBRECIPIENT A. Payments to SUBRECIPIENT. The CITY shall pay to the SUBRECIPIENT a maximum amount of money totaling $16,000 for services rendered under this Agreement. CITY will pay these funds on a reimbursement basis to the SUBRECIPIENT within thirty days after CITY has received approved supporting documentation of eligible expenditures. SUBRECIPIENT's failure to request reimbursement on a timely basis may jeopardize present or future funding. Funds are to be used for the sole purpose of providing services described in the Statement of Work herein attached as Exhibit A and based on the Project Budget herein attached as Exhibit D. B. Excess Payment. SUBRECIPIENT shall refund to CITY within ten working days of CITY's request, any sum of money which has been paid by CITY and which CITY at any time thereafter determines: I. has resulted in overpayment to SUBRECIPIENT; or 2, has not been spent strictly in accordance with the terms of this Agreement; or 3. is not supported by adequate documentation to fully justify the expenditure. C. Disallowed Costs: Upon termination of this Agreement, should any expense or change for which payment has been made be subsequently disallowed or disapproved as a result of any auditing or monitoring by CITY, the U. S. Department of Housing and Urban Development, or any other Federal agency, SUBRECIPIENT will refund such amount to CITY within ten working days of a written notice to SUBRECIPIENT,which specifies the amount disallowed. Refunds of disallowed costs may not be made from these or any funds received from or through CITY. D. Reversion of Assets. Upon expiration of this Agreement, SUBRECIPIENT shall transfer to the CITY any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. If CITY finds that SUBRECIPIENT is unwilling and/or unable to comply with any of the terms of this Contract, CITY may require a refund of any and all money expended pursuant to this Contract by SUBRECIPIENT, as well as any remaining unexpended funds which shall be refunded to CITY within ten working days of written notice to SUBRECIPIENT to revert these financial assets. The revision of these financial assets shall be in addition to any other remedy available to CITY either at law or in equity for breach of this Contract. S. WARRANTIES SUBRECIPIENT represents and warrants that: A. All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY,are complete and accurate as ofthe date shown on the information, data, or report,and, since that date, have not undergone any significant change without written notice to CITY. B., Any supporting financial statements heretofore requested by CITY and furnished to CITY,are complete, accurate and fairly reflect the financial condition of SUBRECIPIENT on the date shown on said report,and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of SUBRECIPIENT. 49 material C. No/ litigation or legal proceedings are presently pending or threatened against Mf SUBRECIPIENT. D. None of the provisions herein contravene or are in conflict with the authority under which SUBRECIPIENT is doing business or with the provisions of any existing indenture or agreement of SUBRECIPIENT. E. SUBRECIPIENT has t h e power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets of SUBRECIPIENT are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by SUBRECIPIENT to CITY. G. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. 9. COVENANTS A. During the period of time that payment may be made hereunder and so long as any payments remain unliquidated, SUBRECIPIENT shall not, without the prior written consent of the Community Development Administrator or his authorized representative: 1. Mortgage,pledge,or otherwise encumber or suffer to be encumbered,any ofthe assets of SUBRECIPIENT now owned or hereafter acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to any assets of SUBRECIPIENT which are allocated to the performance of this Agreement and with respect to which CITY has ownership hereunder. 2. Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. 3. Sell, convey, or lease all or substantial part of its assets. 4. Make any advance or loan to, or incur any liability for any other firm, person, entity or corporation as guarantor, surety, or accommodation endorser. 5. Sell, donate, loan or transfer any equipment or item of personal property purchased with funds paid to SUBRECIPIENT by CITY, unless CITY authorizes such transfer. B. SUBRECIPIENT agrees, upon written request by CITY, to require its employees to attend training sessions sponsored by the Community Development Division. 10. ALLOWABLE COSTS A. Costs shall be considered allowable only if incurred directly and specifically in the performance of and in compliance with this Agreement and in conformance with the standards and provisions of Exhibits A and D. B. Approval of SUBRECIPIENT's project budget, Exhibit D, does not constitute prior written approval, even though certain items may appear herein. CITY's prior written authorization is required in order for the following to be considered allowable costs: 1. CITY shall not be obligated to any third parties, including any subSubrecipients of SUBRECIPIENT, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this Agreement. 2. Out of town travel. 3. Any alterations or relocation of the facilities on and in which the activities specified in Exhibit A are conducted. 4. Any alterations, deletions or additions to the Personnel Schedule incorporated in Exhibit D. 5. Costs or fees for temporary employees or services. 6. Any fees or payments for consultant services. 7. Fees for attending out of town meetings, seminars or conferences. Written requests for prior approval are SUBRECIPIENT's responsibility and shall be made within sufficient time to permit a thorough review by CITY. SUBRECIPIENT must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal property. Any procurement or purchase which may be approved under the terms of this Agreement must be conducted in its entirety in accordance with the provisions of this Agreement. C. Equipment purchased by SUBRECIPIENT will be affixed with an asset tag by a Community Development representative and will remain in inventory for a period offive(5)years. During inventory period the equipment, belonging to the Department of Housing and Urban Development is to be used to carry out the proposed activities described in the Statement of Work,Attachment A,and as such may not be sold,donated, or destroyed. After the inventory period,ownership of the equipment will revert to the SUBRECIPIENT with all rights thereof. 11. PROGRAM INCOME A. For purposes ofthis Agreement,program income means earnings of SUBRECIPIENT realized from activities resulting from this Agreement or from SUBRECIPIENT's management of funding provided or received hereunder. Such earnings include, but are not limited to,income from interest,usage of rental or lease fees, income produced from contract-supported services of individuals or employees or from the use or sale of equipment or facilities of SUBRECIPIENT provided as a result of this Agreement, and payments from clients or third parties for services rendered by SUBRECIPIENT under this Agreement. B. SUBRECIPIENT shall maintain records of the receipt and disposition of program income in the same manner as required for other contract funds, and reported to CITY in the format prescribed by CITY. CITY and SUBRECIPIENT agree, that any fees collected for services performed by SUBRECIPIENT shall be used for payment of costs associated with service provision. Revenue remaining after payment of all program expenses for service provision shall be considered Program Income and shall be subject to all the requirements of this Agreement and the regulations found at CFR 24, Section 570.504. C. SUBRECIPIENT shall include this Section in its entirety in all of its sub-contracts which involve other income producing services or activities. D. It is SUBRECIPIENT's responsibility to obtain from CITY a prior determination as to whether or not income arising directly or indirectly from this Agreement, or the performance thereof, constitutes program income. SUBRECIPIENT is responsible to CITY for the repayment of any and all amounts determined by CITY to be program income, unless otherwise approved in writing by CITY. 12. MAINTENANCE OF RECORDS A. SUBRECIPIENT agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received under this Agreement, in compliance with the provisions of Exhibit D, attached hereto, and with any other applicable Federal and State regulations establishing standards for financial management including OMB circulars A-87,A- 110,A-122 and A-133 as applicable;Title 24 CFR Section 570.502(b);Title 24 CFR Sections 570.504 and 570.506 as they pertain to costs incurred,audits,program income,administration and other activities and functions. SUBRECIPIENT's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Nothing in this Section shall be construed to relieve SUBRECIPIENT of fiscal accountability and liability under any other provision of this Agreement or any applicable law. SUBRECIPIENT shall include the substance of this provision in all subcontracts. B. SUBRECIPIENT agrees to retain all books, records, documents, reports and written accounting procedures pertaining to the operation ofprograms and expenditures offends under this Agreement for five years. C. Nothing in the above subsections shall be construed to relieve SUBRECIPIENT of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this Agreement. D. At any reasonable time and as often as CITY may deem necessary the SUBRECIPIENT shall make available to CITY, the U. S Depanttr t of HHsing and Urban Development, or any of their authorized representatives, all ofits record shall permit CITY,the U. S.Department of Housing and Urban Development, or any of their authorized representatives to audit, K/f examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices,materials,payrolls,records of personnel,conditions or employment and all other data requested by said representatives. 13. REPORTS AND INFORMATION At such times and in such form as CITY may require SUBRECIPIENT shall furnish such statements,records,data and information as CITY may request and deem pertinent to matters covered by this Agreement. SUBRECIPIENT shall submit beneficiary and financial reports to CITY, as requested,at least once and not to exceed quarterly during the program year. The beneficiary report shall detail client information, including race, income,female head of household and other statistics required by CITY. The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section 1 of this Agreement. Beneficiary and financial reports shall be due to CITY within 15 working days after request by CITY. Unless the CITY has granted a written exemption, SUBRECIPIENT shall submit a copy of any audit conducted by independent examiners in accordance with Generally Accepted Accounting Principles. If the SUBRECIPIENT receives more than$500,000 in federal funding,the audit must be conducted in accordance with OMB Circular A-133 as applicable. 14. MONITORING AND EVALUATION A. CITY shall perform on-site monitoring of SUBRECIPIENT's performance under this Agreement. B. SUBRECIPIENT agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by SUBRECIPIENT to the Statement of Work attached hereto as Exhibit A, as well as other provisions of this Agreement. C. SUBRECIPIENT agrees to cooperate fully with CITY in the development,implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and evaluation responsibilities. D. SUBRECIPIENT agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the monitoring process as requested by CITY staff. E. After each official monitoring visit,CITY shall provide SUBRECIPIENT with a written report of monitoring findings documenting findings and concerns that will require a written response to the CITY. An acceptable response must be received by the CITY within sixty (60) days from the SUBRECIPIENT's receipt of the monitoring report or audit review letter. Future contract payments can be withheld for SUBRECIPIENT's failure to submit a response within sixty(60) days. F. SUBRECIPIENT shall submit copies of any fiscal, management, or audit reports by any of SUBRECIPIENT's funding or regulatory bodies to CITY within five working days of receipt by SUBRECIPIENT. 15. DIRECTOR'S MEETINGS LOCAL ADVISORY BOARD During the terms of this Agreement, SUBRECIPIENT shall cause to be delivered to CITY copies of all notices of meetings of its setting forth the time and place thereof. Kk Such notice shall be delivered to CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed SUBRECIPIENT understands and agrees that CITY representatives shall be afforded access to all of the BO,f#$of Dig oOttOtl' meetings. LOCAL ADVISORY BOARD LOCAL ADVISORY BOARD Minutes of all meetings of SUBRECIPIENT's shall be available to CIT within ten days after Board approval. KM 16. INSURANCE A. SUBRECIPIENT shall observe sound business practices with respect to providing such bonding and insurance as would provide adequate coverage for services offered under this Agreement. B. The premises on and in which the activities described in Exhibit A are conducted, and the employees conducting these activities, shall be covered by liability insurance, commonly referred to as"Owner/Tenant"coverage with CITY named as additional insured. Upon request of SUBRECIPIENT, CITY may, at its sole discretion, approve alternate insurance coverage arrangements. C. SUBRECIPIENT 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. D. SUBRECIPIENT will maintain adequate and continuous liability insurance on all vehicles owned, leased or operated by SUBRECIPIENT. All employees of SUBRECIPIENT 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 valid Texas driver's license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in SUBRECIPIENT's files. E. Actual losses not covered by insurance as required by this Section are not allowable under this Agreement, and remain the sole responsibility of SUBRECIPIENT. F. The policy or policies of insurance shall contain a clause which requires that CITY and SUBRECIPIENT be notified in writing of any cancellation or change in policy at least thirty (30) days prior to such change or cancellation. 17. CIVIL RIGHTS/EQUAL OPPORTUNITY A. SUBRECIPIENT shall comply with all applicable equal opportunity and affirmative action laws or regulations. The SUBRECIPIENT shall not discriminate against any employee or applicant bra TgoT �t s o f ra e c 1 r cr ) religion,national origin,gender,age or disability. Li The WEE er tivea�w . e ative action to in that all employment practices are X/+� free from such discrimination. Such employment practices include but are not limited to the following:hiring,upgrading,demotion,transfer,recruitment or recruitment advertising,layoff, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. B. The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063 and Executive Order 11246 as amended by Executive Orders 113 75 and 12086. C. SUBRECIPIENT will furnish all information and reports requested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascert compliance with local, state and Federal rules and regulations. as Per'this agreement Xf>e D. In the event of SUBRECIPIENT's non-compliance with the non-discrimination requirements, CITY may cancel or terminate the Agreement in whole or in part, and SUBRECIPIENT may be barred from further contracts with CITY. 18. PERSONNEL POLICIES Personnel policies shall be established by SUBRECIPIENT and shall be available for examination. Such personnel policies shall: A. Be in writing and shall be approved by the governing body of SUBRECIPIENT and CITY. 19. CONFLICT OF INTEREST A. SUBRECIPIENT covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. SUBRECIPIENT further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. SUBRECIPIENT further covenants that no member of its governing body or its staff, subSubrecipients or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself or others particularly those with which he has family, business, or other ties. C. No officer,member,or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his or her personal interest or the interest in any corporations,partnership,or association in which he or she has a direct or indirect interest. 20. NEPOTISM SUBRECIPIENT shall not employ in any paid capacity any person who is a member of t immediate famiiv^of any person who is currently employed by SUBRECIPIENT, or is a member o f SUBRECIPIEI�P1'� . The term"member of immediate family"includes wife,husband, �f son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step—parent, step- child, half-brother and half-sister. 21. POLITICAL OR SECTARIAN ACTIVITY A. Neither the funds advanced pursuant to this Agreement, nor any personnel which may be employed by the SUBRECIPIENT with funds advanced pursuant to this Agreement shall be in any way or to any extent engaged in any conduct or political activity in contravention of Chapter 15 of Title 5 of the United States Code. B. The SUBRECIPIENT agrees that none of the funds or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office, or for publicity, lobbying and/or propaganda purposes designed to support or defeat pending legislation. Employees of the SUBRECIPIENT connected with any activity that is funded in whole or in part by funds provided to SUBRECIPIENT under this Agreement may not under the term ofthis Agreement: I. Use their official position or influence to affect the outcome of an election or nomination. 2. Solicit contributions for political purposes; or 3. Take an active part in political management or in political campaigns. SUBRECIPIENT hereby agrees to sign a Certification Regarding Lobbying included herein as Exhibit F and if necessary, the Disclosure of Lobbying Activities provided by the CITY. 22. PUBLICITY A. Where such action is appropriate, SUBRECIPIENT shall publicize the activities conducted by SUBRECIPIENT under this Agreement. In any news release, sign, brochure, or other advertising medium, disseminating information prepared or distributed by or for SUBRECIPIENT,the advertising medium shall state that the U. S.Department ofHousing and Urban Development's Community Development Block Grant Program funding through the City of Beaumont has made the project possible. B. All published material and written reports submitted under this project must be originally developed material unless otherwise specifically provided in this Agreement. When material not originally developed is included in a report,the report shall identify the source in the body of the report or by footnote. This provision is applicable when the material is in a verbatim or extensive paraphrase format. All published material submitted under this project shall include the following reference on the front cover or title page: This document is prepared in accordance with the City of Beaumont's Community Development Block Grant Program,with funding received from the United States Department of Housing and Urban Development. C. All reports, documents, studies, charts, schedules or other appended documentation to any proposal, content of basic proposal,or contracts and any responses, inquires, correspondence and related material submitted by SUBRECIPIENT. 23. CHANGES AND AMENDMENTS A. Any alterations, additions or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. SUBRECIPIENT may not make transfers between or among approved line items within project budget categories set forth in Exhibit D without prior written approval of CITY. SUBRECIPIENT shall request, in writing,the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this Agreement. In addition,budget revisions cannot significantly change the nature, intent or scope of the program funded under this Agreement. C. SUBRECIPIENT will submit revised budget and program information, whenever the level of funding for SUBRECIPIENT or the program(s) described herein is altered according to the total levels contained in any portion of Exhibit D. D. It is understood and agreed by the parties hereto that changes in the State,Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. E. CITY may,from time to time during the term of the Agreement, request changes in Exhibit A, which may include an increase or decrease in the amount of SUBRECIPIENT's compensation. Such changes shall be incorporated in a written amendment hereto, as provided in Subsection A of this Section. F. Any alterations, deletion, or additions to the Contact Budget Detail incorporated in Exhibit D shall require the prior written approval of CITY. G. SUBRECIPIENT agrees to notify CITY of any proposed change in physical location for work performed under this Agreement at leaset thirty (30) calendar days in advance of the change. H. SUBRECIPIENT shall notify CITY of any changes in personnel or governing board composition. 24. SUSPENSION OF FUNDING Upon determination by CITY of SUBRECIPIENT's failure to timely and properly perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any rights it ma otherwise have,may,at its discretion,and upon ten working days written notice to SUBRECIPIEN , withhold further payments kq, RECIPIENT. Such notice may be given by mail to the Executive Kli' Officer and the Board of D1rKeWrS of SUBRECIPIENT. The notice shall set forth the default or failure alleged, and the action required for cure. The period of such suspension shall be of such duration as is appropriate to accomplish corrective action, but in no event shall it exceed thirty(30) calendar days. At the end of the suspension period, if CITY determines the default or deficiency has been satisfied, SUBRECIPIENT may be restored to full compliance status and paid all eligible funds withheld or impounded during the suspension period. If however, CITY determines that SUBRECIPIENT has not come into compliance, the provisions of Section 25 may be effectuated. 25. TERMINATION A. CITY may terminate this Agreement for cause under any of the following reasons or for other reasons not specifically enumerated in this paragraph. 1. SUBRECIPIENT's failure to attain compliance during any prescribed period of suspension as provided in Section 24. 2. SUBRECIPIENT's failure to materially comply with any of the terms of this Agreement. 3. SUBRECIPIENT's violation of covenants, agreements or guarantees of this Agreement. 4. Termination or reduction of funding by the United States Department of Housing and Urban Development. 5. Finding by the CITY that SUBRECIPIENT a. is in such unsatisfactory financial condition as to endanger performance under this Agreement. b. has allocated inventory to this Agreement substantially exceeding reasonable requirements; C. is delinquent in payment of taxes,or of costs of performance of this Agreement in the ordinary course of business. 6. Appointment of a trustee, receiver or liquidator for all or substantial part of SUBRECIPIENT's property, or institution of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against SUBRECIPIENT. 7. SUBRECIPIENT's inability to conform to changes required by Federal, State and local laws or regulations as provided in Section 4, and Section 23 (D), of this Agreement. 8. The commission of an act of bankruptcy. 9. SUBRECIPIENT's violation of any law or regulation to which SUBRECIPIENT is bound or shall be bound under the terms of the Agreement. CITY shall promptly notify SUBRECIPIENT in writing of the decision to terminate and the effective date oftermination. Simultaneous notice of pending termination maybe made to other funding sources specified in Exhibit D. B. CITY may terminate this Agreement for convenience at any time. If CITY terminates the Agreement for convenience, SUBRECIPIENT will be paid an amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of SUBRECIPIENT covered by the Agreement, less payments previously made. C. SUBRECIPIENT may terminate thi Agreement in whole o r in P art by written notice to CITY, if a termination of outside funding occurs upon which SUBRECIPIENT depends for performance hereunder. SUBRECIPIENT may opt, within the limitations of this Agreement, to seek an alternative funding source,with the approval of CITY,provided the termination by the outside funding source was not occasioned by a breach of contract as defined herein or as defined in a contract between SUBRECIPIENT and the funding source in question. SUBRECIPIENT may terminate this Agreement upon the dissolution of SUBRECIPIENT's organization not occasioned by a breach of this Agreement. 29. MISCELLANEOUS A. SUBRECIPIENT shall not transfer,pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder, to any party or parties, bank, trust company or other financial institution without the prior written approval of CITY. B. If any provision of this Agreement is held to be invalid,illegal,or unenforceable,the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto. C. In no event shall any payment to SUBRECIPIENT hereunder, or any other act or failure of CITY to insist in any one or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by SUBRECIPIENT. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder,which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding or other commitment antecedent to this Agreement, whether written or oral, shall have no force or effect whatsoever; nor shall an agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. In the event any disagreement or dispute should arise between the parties hereto pertaining to the interpretation or meaning of any part of this Agreement or its governing rules,codes,laws, ordinances or regulations, CITY as the party ultimately responsible to the U. S. Department of Housing and Urban Development for matters of compliance,will have the final authority to render or to secure an interpretation. F. For the purpose of this Agreement, all official communications and notices among the parties shall be deemed made if sent postage paid to the parties and addresses set forth below: TO CITY: TO SUBRECIPIENT: Mr. Kyle Hayes Major Floiran Estrada City Manager Commanding Officer City of Beaumont The Salvation Army of Beaumont, TX P. O. Box 3827 PO Box 3706 Beaumont, TX 77704 Beaumont, TX 77704 G. This Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court competent jurisdiction sitting in Jefferson County Texas. D. Upon receipt of notice to terminate, SUBRECIPIENT shall cancel, withdraw or otherwise terminate any outstanding orders or subcontracts, which relate to the performance of this Agreement. CITY shall not be liable to SUBRECIPIENT or SUBRECIPIENT's creditors for any expenses, encumbrances or obligations whatsoever incurred after the termination date listed on the notice to terminate referred to in this paragraph. E. Notwithstanding any exercise by CITY of its right of suspension or termination, SUBRECIPIENT shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by SUBRECIPIENT, and CITY may withhold any reimbursement to SUBRECIPIENT until such time as the exact amount of damages due to CITY from SUBRECIPIENT is agreed upon or otherwise determined. 26. NOTIFICATION OF ACTION BROUGHT pertaining to this program In the event that any claim, demand, suit or other actionjis made or brought by any person(s), firm,corporation or other entity against SUBRECIPIENT,SUBRECIPIENT shall give written - notice thereof to CITY within two working days after being notified of such claim, demand, suit or other action. Such notice shall state the date and hour of notification of any such claim, demand, suit or other action, the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding, the basis of such claim, action or proceeding, and the name of any person(s) against whom such claim is being made or threatened. Such written notice shall be delivered either personally or by mail. 27. INDEMNIFICATION A. It is expressly understood and agreed by both parties hereto that CITY is contracting with SUBRECIPIENT as an independent SUBRECIPIENT and that as such, SUBRECIPIENT shall save and hold CITY, its officers, agents and employees harness from all liability of any nature or kind,including costs and expenses for,or on account of,any claims,audit exceptions, demands, suits or damages of any character whatsoever resulting in whole or in part from the performance or omission of any employee, agent or representative of SUBRECIPIENT. B. SUBRECIPIENT agrees to provide the defense for,and to indemnify and hold harmless CITY, its agents, employees, or SUBRECIPIENTs from any and all claims, suits, causes of action, demands, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted funds and program administration and implementation except to the extent caused by the willful act or omission of CITY, its agents, employees, or SUBRECIPIENTS. 28. NON-RELIGIOUS ACTIVITIES The SUBRECIPIENT will provide all services under this Agreement in a manner that is exclusively non-religious in nature and scope. There shall be no religious services,proselytizing,instruction or any other religious preference, influence or discrimination in connection with providing the services hereunder. r IN WITNESS OF WHICH this Agreement has been executed on this the 136 _da Y of 2006. CITY OF BEAUMONT: ATTEST: l� BY: BY: �01A Tina Broussard, City Cler — v�0 Kyle Hayes, City Manager A Tr e G ,.... THE SALVATION ARMY OF BEAUMONT,TX: ATTEST. Z Of BY: � Major Floiran Estrada, Commanding Officer Board Secretary The Salvation Army, a Peorgia Corporation BOARD F TRU E c Authorize Signa re D "I R. WTHERSf,ED ASSISTANT TREASURER Name and Title EXHIBIT A STATEMENT OF WORK The Salvation Army of Beaumont, located at 2350 M 10 E., Beaumont, TX 77703, shall use the funds ($16,000)to assist the homeless, families or individuals threatened with homelessness in the Beaumont Community, with prescription medicines ($5,000), transportation assistance ($5,000) and rental and utilities assistance($6,000)through homeless prevention activities. SUBRECIPIENT shall provide to the City of Beaumont an itemized budget detailing the expenditures and encumbrances. Reports will be due 90 days after execution of this agreement. Exhibit D Project Budget The Salvation Army of Beaumont, Texas 2350 IH 10 East Beaumont, Texas 77703 Homeless Prevention Activities Prescription Medicines $ 5,000 Transportation Assistance 5,000 Rental and Utilities Assistance 6,000 Total _$16,000 it EXHIBIT F CE RTM4 CATION REGARDING LOBBYING Anti-Lobbying- On behalf of The Salvation Army of Beaumont, Texas and to the best of my knowledge and belief, 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an office or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan or cooperative agreement, it will complete and submit Standard Form-LLL, "disclosure Form to Report Lobbying," in accordance with its instructions, and 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 1HE SALVATION ARMY,A GEORGIA CORPORATION FOR ' i THE SALVATION ARMY OF BEAUMONT, TX ATTEST: r -� BY: , DAVID R. THER �ED ASSISTANT TREA�URFR Board Secretary