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HomeMy WebLinkAboutRES 09-085 RESOLUTION NO.09-085 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby adopts the Preliminary Budget of the 2009 HUD Consolidated Grant Program's Annual Action Plan. The Plan 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 24th day of March, 2009. Mayor Becky Ames - � w i 2009 HUD CONSOLIDATED GRANT PROGRAM (PRELBIUNARY BUDGET) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2009 Proposed Budget HOUSING Housing Rehabilitation $ 200,000 Funds will be used to repair seven to eight homes,primarily for low to moderate income senior citizens with a disability. Housing Rehabilitation Administration 112,000 Funds will be used for personnel and operating expenses necessary for compliance with the Housing Rehabilitation activity. INTERIM ASSISTANCE Elderly/Disabled Code Assistance 30,000 Funds will be used to assist in minor sewer repairs,tree and shrub removal and other activities associated with code enforcement for homes owned by primarily low 1 moderate income elderly/disabled citizens. CLEARANCE AND DEMOLITION Clearance and Demolition 237,969 Funds will be used to demolish approx 59 unsafe,unsanitary and uninhabitable residential structures in low to moderate income areas at a cost of approximately $3,000 each. PUBLIC FACILITY AND IMPROVEMENTS Section 108 Debt Service 830,000 PUBLIC SERVICE Non Profit Agencies 125,000 Funds will be used for construction,renovation and other needs of various nonprofit organizations. PLANNING AND ADMINISTRATION(13%) 250,000 Funds will be used for personnel and operating expenses necessary for compliance with the planning,execution,and regulatory requirements of the HUD Consolidated Grant Program TOTAL CDBG 1,784,969 ESTIMATED PROGRAM INCOME: Small Business Revolving Loan Fund 60,000 Historic Loan Preservation Fund 25,000 Clearance and Demolition 15,000 TOTAL ESTIMATED PROGRAM INCOME 100,000 TOTAL CDBG AND PROGRAM INCOME $ 1,884969 EXHIBIT "A" HOME INVESTMENT PARTNERSHIP GRANT(HOME) HOME ADMINISTRATION(10%) $ 73,296 Funds will be used for personnel and operating expenses necessary for compliance with the planning,execution,and regulatory requirements of the HUD HOME Program. CHDO RESERVE (15%) 109,945 Funds will be set aside for Community Housing Development Organizations to develop affordable housing. Funds will also be used for acquisition/ rehabilitation of affordable housing that will be lease-purchased to eligible families. DOWN PAYMENT ASSISTANCE PROGRAM 200,000 Funds will be used to assist low to moderate income families who are first time home buyers with down payment assistance,closing costs,and principal mortgage buy downs. AFFORDABLE HOUSING PROGRAM 349,726 Funds will be used to assist nonprofit and/or for profit developers with the development,acquisition and/or rehabilitation of affordable housing that will be sold or leased to low to moderate income families. Funds will also be used for project delivery costs such as down payment assistance,,closing costs, principal mortgage buy downs, site preparation,infrastructure and other eligible costs. Additionally,funds will be used to assist developers with eligible project costs associated with the development and/or rehabilitation of multi family housing units. Funds will also be used for owner occupied rehabilitation to assist homeowners with repairs to their principal residence. TOTAL HOME $ 732,967 TOTAL 2009 PROPOSED BUDGET $ 2,617,936 RICH WITH OPPORTUNITY r C . 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 IEA - Inspire, Encourage, Achieve, hereinafter referred to as SUBRECIPIENT, pursuant to the authority of Resolution 09-085, passed by the Beaumont City Council on March 24, 2009. This assistance will be funded in whole by the U. S. Department of Housing and Urban Development,Community Development Block Grant Program B-09-MC-48-003. 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 ofPublic 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 period will extend from July 1,2009 through June 30,2010 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$7,500. 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 complywith 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: i 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 solelyby 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 $7,500 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 timelybasis 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. 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 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 ofthe 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 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 of funds under this Agreement for five years after all funds have been expended. 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 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 the 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 the 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 the 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 the CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by the CITY to be necessary for the 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 the 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, the CITY shall provide the 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 the SUBRECIPIENT's failure to submit a response within sixty(60) days. F. The SUBRECIPIENT shall submit copies of any fiscal,management,or audit reports by any of the SUBRECIPIENT's funding or regulatory bodies to the CITY within five working days of receipt by the SUBRECIPIENT. 15. DIRECTOR'S MEETINGS During the terms of this Agreement, at the request of the CITY, SUBRECIPIENT shall cause to be delivered to the CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notices, if so requested, shall be delivered to the 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 the SUBRECIPIENT's governing body shall be available, and upon request, be provided to the 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 the CITY named as additional insured. Upon request of the SUBRECIPIENT, the 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 the SUBRECIPIENT. F. The policy or policies of insurance shall contain a clause which requires that the CITY and the 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, the CITY may cancel or terminate this Agreement in whole or in part,and SUBRECIPIENT may be barred from further contracts with the CITY. 18. PERSONNEL POLICIES Personnel policies shall be established by the SUBRECIPIENT and shall be available for examination. Such personnel policies shall: A. Be in writing and shall be approved by the governing body of the SUBRECIPIENT and the 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 the 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 hinds 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 of Housing 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 least 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,the 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 tennination. 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 the CITY is contracting with the 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 City Manager City of Beaumont P. O. Box 3827 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. IN WITNESS OF WHICH this Agreement has been executed on this the day of , 2009. CITY OF BEAUMONT: ATTEST: ar BY: Kyle Hayes, City Manager ���, '> Broussard, City Clerk � W IEA- Inspire, Encourage, Achieve: I41I1,cS'�,,_ ��:w ATTEST: i BY: BY: Ms. A, eli ca Avery, Exec ive Dir. Board Secretary