HomeMy WebLinkAboutRES 10-110 RESOLUTION NO. 10-110
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby adopts the HUD Consolidated Grant Program's 2010 Action
Plan, as well as the budget of the Action Plan, of the Five Year Consolidated Plan in the
amount of 2,922,928. The Plan 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 27th day of April,
2010.
s � 4
y - Mayor Becky Ames -
y
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2010 HUD CONSOLIDATED GRANT PROGRAM
CO DEVELOPMENT BLOCK GRANT(CDBG)
2010
Budget
HOUSING
Hag Rebate $ 100,000
Funds will be used to repair approximately six(6)homes,primarily for low to
moderate income senior citizens with a disability.
Housing Rehabilitation Administration 120,000
Funds will be used for personnel and operating expenses necessary for
compliance with the Housing Rehabilitation activity.
Infnistructurc/Acgnisition 100,000
Funds will be used for infrastructure and/or land acquisition for the building
of housing for low to moderate income individuals.
CLEARANCE AND DEMOLITION
Clearance and Demolition 125,000
Funds will be used to demolish approximately fifty(50)unsafe,unsanitary and
uninhabitable real structures in low to moderate income areas
at a cost of approximately $2,500 each.
PUBLIC FACILITY AND IMPROVEMENTS
Section 108 Debt Service 877,000
Hotel Beaumont(Section 108 payment)-rehabilitation
Crockett Street(Section 108 payment)-rehabilitation
Jefferson Theatre(Section 108 payment)-rehabilitation
Theodore R.Johns,Jr.Library(Section 108 payment)-rehabilitation
Facade Grant Program-Matching Funds for building facade rehabilitation 100,000
in the L/M income area
PUBLIC SERVICE
Non Profit Agencies 100,000
Funds will be used for construction,renovation and other needs
of various nonprofit organizations.
EMERGENCY SHELTER SET ASIDE
Funds will be used to provide Homeless Provider Grant Funds to assist with 85,000
operation and management,essential services,homeless prevention and
administration of a facility that houses and provides services for the homeless
population.
PLANNING AND ADMINISTRATION 357,291
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 1964.291
EXHIBIT "A"
ESTIMATED PROGRAM INCOME:
Small Business Revolving Loan Fund
Historic Loan Presavation Fund
Clearance and Demolition
TOTAL ESTIMATED PROGRAM INCOME 150,000
TOTAL CDBG AND PROGRAM INCOME $ 2114 91
HOME INVESTMENT PARTNERSHIP GRANT(HOME)
HOME ADMINISTRATION $ 80,864
Funds will be used for personnel and operating expenses necessary for
compliance with the planning,execution,and regulatory requirements
of the HUD HOME Program.
AFFORDABLE HOUSING PROGRAM 727,773
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 awe,closing costs,
principal mortgage bury downs,site preparation,infiagructure 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 $ 808,637
TOTAL 2010 BUDGET $ 2 Z 28
2010 CONSOLIDATED BLOCK GRANT PROGRAM APPLICATIONS
Public Swvlmftbik FacMdu 3 Nn ShNW Sat l Me
2005 2009 2009 2010 AMOUNT 2010 COAL ADMINISTRATION
ORGANIZATION GRANT CDSG-R HPRP RBOUESTED RECOMMENDATION RECOMMENDS
PUBLIC SERVICES
1. Beaunom Hauskg At*w ty $20.000
2. Brippe Cerrhah Camraotty Empax«mm�t Carter $10,000
3. CASA of SE Texas $11,524
4. Cdhoic Chartilas of Southeast Texas $20.000
5. ChidAbtlse and Foranelc 80v4ces $19,000 $20,000 $10.657 $10.657
6. Chiden Womeh's Job Corps. $19,000 $2000
7. Common GrowdPerfomlrgArt Er"Yble $10,000 $10,000
8. FraWs Wicallorai School $15.000
9. Oat an the Bw for Chat $20.000
10. kupMe,Encatrape.Achieve(IEA) $7.500 $9.100 $4.316 $1318
11. JehmmhJksh Village,-Ca nu*Development Corp. $80.903 $15400
12 Ale Roper's Gift of Ufa Program $8,500 $8,000 $4.264 $1.254
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13. Ntch and Services for Sarlors $16,500 $8.702 $8.792
14. One Carch arm Chid of Southeast Texas $8.541 $20.000
15. Rape and SU"Crisis Carder $5,000 VADO
18. Rebufty Lives,kc. $20.000
17. REFUGE OW"ch Mkisties,khc. $19.500
16. Sablrw Oaks Home $4.370
19. S"mAmy"a Oft Ch>b $20.000 $10457 $10.567
20. ftot*eyCarter $44.000 $20.000
21. S.O.C.-Save Our Children $20.000
22 Sodely of SL Vkheeht de Pat)(Rlse Program) $20.000
23. Stehb Spire $8.542 $19.950
24. Stnght?A W-yDeplistCarch $10.000
26. SETX Family Reswce Center $20.000
26. SETXFarnRyResaVeeCuter $16,000 $20.000 $20.000 $20.000
Tad Pubtic Services $414,944 $59,$N $59990
27. Arryat Harem $6,376
28. Seahmont Ch ldrsn's Musahm $20.000
29. CASA of SE Texas $20.000
30. DISItelWorldmeAcademy $26.403 $20.000 10,657 $10,567
31. Hotel Seauaak $86,771 $20,000 $20.000 $20,000
32. We Tmk4rg khi9Ule dbe Raphe Support Sw*" $9,800
33. OMOM Carch-$odely of SL Mcwt de Pad $20.000
34. OMOM Clrrch acct School $20.000 0, 7 $10.567
36. SETX Electrical Apprerice"Academy $11,503 $20.000
Total Public Facllhles and improvements $159,179 $41,314 $41.314
TOTAL PUBLIC SERMCESIPUDUC PACiLR1ES 8
IMPROVEMENTS
$571,119 $100,000 $100,000
PUBLIC BBRVICES/EMERGENCY SHELTER SET-AWID
36. Family Services of SotAhesstTexes $20,000 $154,753 $25.000 $20,000 $211.000
37. RAP-Ready.Able.Perdstert $20,000 $2D= 2o 000
38. SaNallon Amy Social Services $44.000 $154.753 $34.000 $22.600 MOOD
39. Herrys Place/Sarno Other Place $18.000 $164,753 $32.030 $22.6W $22.600
TOTAL B14ERGENCY SHELTER SET-AWN $111,030 $99,000 $9.1',000
TOTAL AMOUNT REOUERTlD POR ALL PUNDWG B $196,000 $196,000
•M Fubrg to Shallots:40%
•of Fu ci g to Other Non-Proft:54%
RICH WITH OPPORTUNITY
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T • E • X • A • S
City of Beaumont
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 Some Other Place/Henry's Place, hereinafter referred to as
SUBRECIPIENT, pursuant to the authority of Resolution 10-110, passed by the Beaumont City
Council on April 27, 2010. This assistance will be funded in whole by the U. S. Department of
Housing and Urban Development, Community Development Block Grant Program B-10-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 Community Development Block Grants
Administration 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 1,2010 through June 30,2011 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 tune),
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$22,500.
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 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 byboth 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 2$ 2,500 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 j eopardize 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 finnished 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 anypre-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.
i
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 TIs 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 Accountin g
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 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 ofthe 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 TIs 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 ofperformance 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 mayterminate 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.
i
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.
K_
IN WITNESS OF WHICH this Agreement has been executed on this the 12
day of
n/og0^1,C , 2010.
CITY OF BEAUMONT: ATTEST:
BY: BY:
Kyle Hayes, City Manager Tina Broussard,City Clerk
Some Other Place: ATTEST:
1 \
BY-
BeardC
Y
EXHIBIT"A"
STATEMENT OF WORK
The Some Other Place/Henry's Place,located at 590 Center,Beaumont, Texas 77704, shall
use the funds ($22,500)to pay for salaries, client services, operating costs,building repair and
maintenance at a day center for homeless individuals.
SUB-RECIPIENT 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
Some Other Place/Henry's Place
Salaries $4,300.00
Client Services $7,000.00
Operating Costs $95200.00
Building Repair and Maintenance $25000.00
Total Budget
EXHIBIT F
CERTIFICATION REGARDING LOBBYING
Anti-Lobbying- On behalf of the Some Other Place/Henry's Place,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.
SOME OTHER PLACE/HENRY'S PLACE ATTEST:
BY: ""`"- BY:
14e"f, (/-,?. ?410tlay
Ms. Paula O'Neal,Direct r