HomeMy WebLinkAboutPACKET MAY 13 2014N1( it 4. 11'11 GP 11()KT i."411 )
BEA.[IMON
T• E• X• A S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MAY 13, 2014 1:30 P.M.
CONSENT AGENDA
Approval of minutes — May 6, 2014
Confirmation of committee appointments
A) Approve a resolution accepting the donation of property for the Northwest Parkway
Project
B) Approve a resolution approving the purchase of property for the Northwest Parkway
Project
U
til(Jll W19 H OPPORTUNITY
III'L (
T - E - X - A• S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
?Q
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: May 13, 2014
REQUESTED ACTION: Council consider a resolution accepting the donation of property
for the Northwest Parkway Project.
BACKGROUND
As part of the Northwest Parkway Project, the City of Beaumont has acquired four (4) of the ten
(10) parcels of land needed for this project. The owner of the property listed below, has agreed
to donate their property to the City:
Parcel #I A 2.970 acre situated in A. Duwe Survey, Abstract No. 459
Owner: LaTex Investors, LP
Appraised Value: $355, 776.00
FUNDING SOURCE
None.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, LaTex Investors, LP, has agreed to donate 2.970 acres situated in the
A. Duwe Survey, Abstract No. 459, as described in Exhibit "A" and shown on Exhibit "B,"
attached hereto, to the City of Beaumont for the Northwest Parkway Project and,
WHEREAS, the City Council has considered the donation of said tract and is of the
opinion that the delivery and receipt of said tract is necessary and desirable and that same
should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the donation of the above described property donated by LaTex Investors,
LP, is hereby in all things accepted.
2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of May,
- Mayor Becky Ames -
PROPERTY DESCRIPTION OF PARCELS I & 1B
METES AND BOUNDS DESCRIPTION OF
PARCEL I (2.970 ACRES) & PARCEL 1B (0.560 ACRES) OF LAND
SITUATED IN AND A PART OF THE
A. DUWE SURVEY, ABSTRACT NO. 459 AND THE
FREDERICK BIGNER SURVEY, ABSTRACT 1
JEFFERSON COUNTY, TEXAS
PARCELIA
Being a 2.970 acre tract or parcel of land, a portion of the residue of that certain tract of land
(called 46.70 acres) as conveyed by deed to LaTex Investors, LP as recorded in Clerk's File No.
2001041210, Jefferson County, Texas as situated in and a part of the A. Duwe Survey, Abstract
No. 459 and the Frederick Bigner Survey, Abstract No. l of said County and being more
particularly described by metes and bounds as follows;
FOR LOCATIVE PURPOSES, commence at concrete monument with disc marked C.A.
Kohler found located on the Northerly line of Dowlen Road, a 100 Feet wide public dedicated
Right -of -Way as conveyed by deed recorded in Volume 1711, Page 47 of said Real Property
Records, this point marks the Southeast corner of said 46.70 acre tract of land and the Southwest
corner of the Parkdale Mall Addition to the City of Beaumont, Texas (called 126.52 acres) as
recorded in Volume 14, Page 245 of the Map Records of said County;
THENCE North 03 deg. 06 min. 54 sec. West along and with the East line of said 46.70 acre
tract of land and the West line of said Parkdale Mall Addition a distance of 1579.54 feet to a'/2"
steel rod with cap marked Arceneaux & Gates set for the PLACE OF BEGINNING and the
Southeast comer of the herein described tract of land,
THENCE South 86 deg. 53 min. 06 sec. West a distance of 223.79 feet to a 1/2" steel rod with
cap marked Arceneaux & Gates set for the beginning of a curve to the right;
THENCE along said curve with a radius of 1130 feet, a central angle of 14 deg. 12 min. 14 sec.,
a chord bearing of North 86 deg. 00 min. 47 sec. West, a chord length of 279.41 feet and an arc
distance of 280.13 feet to a '/2" steel rod with cap marked Arceneaux & Gates set for point of
tangency;
THENCE North 78 deg. 54 min. 41 sec. West a distance of 70.05 feet to a'/2" steel rod with cap
marked Arceneaux & Gates set for the beginning of a curve to the left;
THENCE along said curve with a radius of 1000 feet, a central angle of 14 deg. 07 min. 28sec.,
a chord bearing of North 85 deg. 58 min. 25 sec. West, a chord length of 245.90 feet and an arc
distance of 246.52 feet to a '/2" steel rod with cap marked Arceneaux & Gates set for point of
tangency;
Page 1 of 5
o.n cnrnn.rP6RrNGVA&G PROJECTS\CAI-040\DRAV;MGS\METES & BOLIAIDS\PARCEL l.docx
EXHIBIT "A"
THENCE South 86 deg. 57 min. 51 sec. West a distance of 137.96 feet to a 1/2" steel rod with
cap marked Arceneaux & Gates set for angle point;
THENCE South 42 deg. 08 min. 26 sec. West a distance of 42.60 feet to a %2" steel rod with cap
marked Arceneaux & Gates set for angle point;
THENCE North 02 deg. 51 min. 34 sec. West a distance of 190.30 feet to a 'i/2" steel rod with
cap marked Arceneaux & Gates set for angle point;
THENCE South 47 deg. 51 min. 34 sec. East a distance of 42.68 feet to a %2" steel rod with cap
marked Arceneaux & Gates set for angle point;
THENCE North 86 deg. 57 min. 51 sec. East a distance of 137.50 feet to a'/2" steel rod with cap
marked Arceneaux & Gates set for the beginning of a curve to the right;
THENCE along said curve with a radius of 1130 feet, a central angle of 14 deg. 07 min. 28 sec.,
a chord bearing of South 85 deg. 58 min. 25 sec. East, a chord length of 277.86 feet and an are
distance of 278.57 feet to a 1/2" steel rod with cap marked Arceneaux & Gates set for point of
tangency;
THENCE South 78 deg. 54 min. 41 sec. East a distance of 70.05 feet to a 1/2" steel rod with cap
marked Arceneaux & Gates set for the beginning of a curve to the left;
THENCE along said curve with a radius of 1000 feet, a central angle of 14 deg. 12 min. 14 sec.,
a chord bearing of South 86 deg. 00 min. 47 sec. East, a chord length of 247.27 feet and an arc
distance of 247.90 feet to a 1/2" steel rod with cap marked Arceneaux & Gates set for point of
tangency;
THENCE North 86 deg. 53 min. 06 sec. East a distance of 223.79 feet to a %2" steel rod with cap
marked Arceneaux & Gates set in the East line of said 46.70 acre tract of land and the West line
of said Parkdale Mall Addition and marking the Northeast corner of the herein described tract of
land;
THENCE South 03 deg. 06 min. 54 sec. East along and with the East line of said 46.70 acre
tract of land and the West line of said Parkdale Mall Addition a distance of 130.00 feet to the
PLACE OF BEGINNING of the herein described tract of land and containing 2.970 acres of
land more or less.
Page 2 of 5
Z1A&G ENGTNEERRJG\A&G PR0JECTS\CA1-040\DR.AW1NGSWfETES& BOUNDS\PARCEL Ldocx
PARCEL 1B
Being a 0.560 acre tract or parcel of land, a portion of the residue of that certain tract of land
(called 46.70 acres) as conveyed by deed to LaTex Investors, LP as recorded in Clerk's File No.
2001041210, Jefferson County, Texas as situated in and a part of the A. Duwe Survey, Abstract
No. 459 of said County and being more particularly described by metes and bounds as follows;
BEGINNING at a ''/z" steel rod with cap marked Faust found for the Northwest corner of said
46.70 acre tract of land and the most northerly corner of the herein described tract of land;
THENCE South 09 deg. 29 min. 38 sec. East a distance of 260.78 feet to a 5/8" iron rod with
cap marked Wortech found for angle point;
THENCE South 02 deg. 51 min. 34 sec. East a distance of 550.00 feet to a 5/8" iron rod with
cap marked Wortech found for angle point;
THENCE South 03 deg. 47 min. 23 sec. West a distance of 260.20 feet to a %" steel rod with
cap marked Arceneaux & Gates set in the West line of said 46.70 acre tract of land and the East
line of Old Dowlen Road, a public dedicated Right -of -Way, and marking the most southerly
corner of the herein described tract of land;
THENCE North 02 deg. 51 min. 34 sec. West along and with the West line of said 46.70 acre
tract and East line of said Old Dowlen Road a distance of 1067.48 feet to the PLACE OF
BEGINNING of the herein described tract of land and containing 0.560 acres of land more or
less.
Surveyed: December 2013
....:...........................:......
RQI��iLD J. ARCENEAIJX
......:.................................
'0 4572 v'
s`Ot ®�. onald J
SUB��
, R.P.L.S. #4572
Notes:
Bearings, distances and coordinates referenced to the Texas State Plane Coordinate System,
South Central Zone, NAD 83
An Exhibit of even date is being submitted with and being made a part of this Metes and Bounds
Description.
Page 3 of 5
Z:\A&G ENGINEERJNG\A&G PROJECTS\CAI-040\DRAW[NGS\METES & BOUNDSTARCEL Ldocx
EXHIBIT "B"
I
I I
APSHV INVESTMI NT.
I
PAULA RENE MARTIN TO
TO BRIAN BRETT MARTIN I VR PRESERVE LIMITED
85.710 AC. I 15.00 AC.
05/22/2012 02/16/2011
I
CF# 2012017083 I CF# 201100582
O.P.R.J.C. I OPRJC I
20' UTILITY EASEMENT POB PARCEL 1B
i
TO
CITY OF BEAUMONT
o xoo a0o
VOL 2396, PG. 41 _ �----10' DRAINAGE EASEMENT I
I--40' DETENTION POND EASEMENT
I I
TO J.C.D.D.6
I
60' ACCESS EASEMENT
i
TO
L6 I I
APSHVINVESTMENT
PARCEL 1 B L7 C3 L8 I I
CF# 2007015181
I
0.560 Ac. C4 L9
Ln PARCEL.
O.P.R.J.C.
1A
2.970 Ac.
I
L L C2 — —2—
— —
I
�11PDB PARCEL 1A
1
L 30' G.S.U. FASEMEM
I
VOL 1683 PG. 126
0
I
I I -j
i RESIDUE OF
PARKDALE MALL ADDITION
AMOCO PRODUCT$ CO.
I I 126.52 AC.
TO IC
G.S.U.
09/14/1986
I I
LATEX INVESTOR , LP
09/10/1970
VOL. 14, PG. 245
I Q
46.70 AC.
I D.R.J.C.
VOL. 1651, PG. 451 11/21/2001
D.R.J. C. I CF# 2001041210
i
O.P.R.J.C. I
I
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11/21 /2
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VOL. 15, PE
277
,
I
D.R.J.T.
C POC
I
I
I KOHLER _
MON.
tl�
€
60' ACCESS EASE ENT
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_ TO
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WAL-MART I
3.017 AC.
oOJd�
LEGEND
12/20/1994
CF# 9440812
I
O.P.RR.J.C..J.C.
A FOUND CORNER
I
• SET 1/2" STEEL ROD W/CAP
MARKED ARCENEAUX & GATES
POB POINT OF BEGINNING
POC POINT OF COMMENCEMENT
DATE OF SURVEY: DECEMBER 2013 I
PARCEL PLAT
PAGE
PARCELS 1 A& 1 B
4
�
®
ARCENEAUX &GATES
ARCENEAUX
Conga Ung Engineers, Inc.
�aam sur "ar. Planner
NORTHWEST PARKWAY
GATES
a 3601 TarUs Qt k W-, suits 102
Pwt A�eba:, tu.. n6�x
BEAUMONT,
JEFFERSON COUNTY, TX
/oF
5
V
�TMc� TM (you) 42113M6
A Bua1ow olobd Compww
e
TEXAS REGISTERED ENGINEERING FIRM F-30
DATE: DECEMBER 2013
SCALE: SHOWN
DRAWN: BJB
3
TEXAS LICENSED SURVEYING FIRM 100142-00
PROD. No.: CAI -040
DESIGN:
CHECKED: RJA
EXHIBIT "B"
I
NOTES:
COORDINATES, BEARINGS AND DISTANCES REFERENCED
TO THE TEXAS STATE PLANE COORDINATE SYSTEM,
SOUTH CENTRAL ZONE, NAD 83.
GRID SCALE: 0.999958339
I, RONALD J. ARCENEAUX, REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4572
IN THE STATE OF TEXAS, DO HEREBY CERTIFY THAT THE ABOVE PLAT CORRECTLY
REFLECTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION
AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE LIMITS, BOUNDARIES AND
_ CORNERS ARE TRULY SHOWN JUST AS FOUND AT THE TIME OF THIS SURVEY.
Ok �� THIS PLAT IS BEING SUBMITTED ALONG WITH METES AND BOUNDS DESCRIPTION OF
5
/rST� EVEN DATE BASED ON THIS SURVEY.
RONALD,..A�GENUX GIVEN UNDER MY HAND SEAL THE _L DAY OF 20174
44
4572
0 �ifj�`d� RONALD J. ARCENEA RPLS NO. 4572
Parcel
Line
Table
Line
#
Length
Direction
Curve
L1
Length
223.79'
S86'
53'
06"W
L2
Chord Length
70.05'
N78'
54'
41"W
L3
12'
137.96'
S86'
57'
51 "W
L4
C2
42.60'
S42'
08'
26"W
L5
28"
190.30'
NO2'
51'
34"W
L6
42.68'
S47'
51'
34"E
L7
S85'
137.50'
N86'
57'
51 "E
L8
247.90'
70.05'
S78'
54'
41 "E
1-9
00'
223.79'
N86'
53"
06"E
L10
130.00'
S03'
06'
54"E
L11
260.78'
S09'
29'
38"E
L12
550.00'
S02'
51'
34"E
L13
260.20
S03'
47'
23"W
L14
1067.48'
NO2'
51'
34"W
NOTES:
COORDINATES, BEARINGS AND DISTANCES REFERENCED
TO THE TEXAS STATE PLANE COORDINATE SYSTEM,
SOUTH CENTRAL ZONE, NAD 83.
GRID SCALE: 0.999958339
I, RONALD J. ARCENEAUX, REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4572
IN THE STATE OF TEXAS, DO HEREBY CERTIFY THAT THE ABOVE PLAT CORRECTLY
REFLECTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION
AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE LIMITS, BOUNDARIES AND
_ CORNERS ARE TRULY SHOWN JUST AS FOUND AT THE TIME OF THIS SURVEY.
Ok �� THIS PLAT IS BEING SUBMITTED ALONG WITH METES AND BOUNDS DESCRIPTION OF
5
/rST� EVEN DATE BASED ON THIS SURVEY.
RONALD,..A�GENUX GIVEN UNDER MY HAND SEAL THE _L DAY OF 20174
44
4572
0 �ifj�`d� RONALD J. ARCENEA RPLS NO. 4572
®
Curve
Table
ARCENEAUX
conggwng Engineers, Inc.
Curve
#
Length
Radius
a
Delto
Chord Direction
Chord Length
C1
TEXAS REGISTERED
280.13'
1130.00'
14'
12'
14"
N86'
00'
47"W
279.41'
C2
246.52'
1000.00'
14'
07'
28"
N85'
58'
25"W
245.90'
C3
278.57'
1130.00'
14'
07'
28"
S85'
58'
25"E
277.86'
C4
247.90'
1000.00'
14'
12'
14"
S86'
00'
47"E
247.27'
NOTES:
COORDINATES, BEARINGS AND DISTANCES REFERENCED
TO THE TEXAS STATE PLANE COORDINATE SYSTEM,
SOUTH CENTRAL ZONE, NAD 83.
GRID SCALE: 0.999958339
I, RONALD J. ARCENEAUX, REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4572
IN THE STATE OF TEXAS, DO HEREBY CERTIFY THAT THE ABOVE PLAT CORRECTLY
REFLECTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION
AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE LIMITS, BOUNDARIES AND
_ CORNERS ARE TRULY SHOWN JUST AS FOUND AT THE TIME OF THIS SURVEY.
Ok �� THIS PLAT IS BEING SUBMITTED ALONG WITH METES AND BOUNDS DESCRIPTION OF
5
/rST� EVEN DATE BASED ON THIS SURVEY.
RONALD,..A�GENUX GIVEN UNDER MY HAND SEAL THE _L DAY OF 20174
44
4572
0 �ifj�`d� RONALD J. ARCENEA RPLS NO. 4572
PARCELPLAT
PARCELS 1 A & 1 B
NORTHWEST PARKWAY
BEAUMONT, JEFFERSON COUNTY, TX
DATE: DECEMBER 2013 SCALE: SHOWN DRAWN: BJB
PROJ. No.: CAI -040 DESIGN: CHECKED: RJA
PAGE
5
OF
5
®
ARCENEAUX & GATES
ARCENEAUX
conggwng Engineers, Inc.
&
ltlneers Surveyors Plennmre
GATES
a
3601 Turtle creek Drive, Butte 102
Part /rthur, Teva 77W
(40ta) 724-71168
PP0f0m�T0
A Burow Nobel Company
TEXAS REGISTERED
ENGINEERING FIRM F-30
TEXAS LICENSED SURVEYING FIRM 100142-00
PARCELPLAT
PARCELS 1 A & 1 B
NORTHWEST PARKWAY
BEAUMONT, JEFFERSON COUNTY, TX
DATE: DECEMBER 2013 SCALE: SHOWN DRAWN: BJB
PROJ. No.: CAI -040 DESIGN: CHECKED: RJA
PAGE
5
OF
5
HIGH WCTH 0 r r 0 RTUNITY
[I 11C
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
e9
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: May 13, 2014
REQUESTED ACTION: Council consider a resolution approving the purchase of property
for the Northwest Parkway Project.
BACKGROUND
As part of the Northwest Parkway Project, the City of Beaumont has acquired four (4) of the ten
(10) parcels of land needed for this project. The owner of the property listed below, has agreed
to sell their property to the City:
Parcel #1B 0.560 acre situated in A. Duwe Survey, Abstract No. 459
Owner: LaTex Investors, LP
Appraised Value: $56,000.00
FUNDING SOURCE
Beaumont Municipal Airport Oil and Gas Revenue.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, an agreement has been negotiated for the acquisition of property
described below and in Exhibit "A" and shown on Exhibit "B," attached hereto, for the
development of Northwest Parkway Project.-
Description:
roject:
Description: 0.560 acre situated in the A. Duwe
Survey, Abstract No. 459
Owner: LaTex Investors, LP
Appraised Value: $56,000.00
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the purchase of the above described property in the amount of $56,000 be,
and the same is, hereby approved.
2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of May,
- Mayor Becky Ames -
PROPERTY DESCRIPTION OF PARCELS I A & 1 B
METES AND BOUNDS DESCRIPTION OF
PARCEL lA (2.970 ACRES) & PARCEL 113 (0.560 ACRES) OF LAND
SITUATED IN AND A PART OF THE
A. DUWE SURVEY, ABSTRACT NO. 459 AND THE
FREDERICK BIGNER SURVEY, ABSTRACT 1
JEFFERSON COUNTY, TEXAS
PARCELIA
Being a 2.970 acre tract or parcel of land, a portion of the residue of that certain tract of land
(called 46.70 acres) as conveyed by deed to LaTex Investors, LP as recorded in Clerk's File No.
2001041210, Jefferson County, Texas as situated in and a part of the A. Duwe Survey, Abstract
No. 459 and the Frederick Bigner Survey, Abstract No. 1 of said County and being more
particularly described by metes and bounds as follows;
FOR LOCATIVE PURPOSES, commence at concrete monument with disc marked C.A.
Kohler found located on the Northerly line of Dowlen Road, a 100 Feet wide public dedicated
Right -of -Way as conveyed by deed recorded in Volume 1711, Page 47 of said Real Property
Records, this point marks the Southeast corner of said 46.70 acre tract of land and the Southwest
corner of the Parkdale Mall Addition to the City of Beaumont, Texas (called 126.52 acres) as
recorded in Volume 14, Page 245 of the Map Records of said County;
THENCE North 03 deg. 06 min. 54 sec. West along and with the East line of said 46.70 acre
tract of land and the West line of said Parkdale Mall Addition a distance of 1579.54 feet to a'/2"
steel rod with cap marked Arceneaux & Gates set for the PLACE OF BEGINNING and the
Southeast corner of the herein described tract of land,
THENCE South 86 deg. 53 min. 06 sec. West a distance of 223.79 feet to a '/2" steel rod with
cap marked Arceneaux & Gates set for the beginning of a curve to the right;
THENCE along said curve with a radius of 1130 feet, a central angle of 14 deg. 12 min. 14 sec.,
a chord bearing of North 86 deg. 00 min. 47 sec. West, a chord length of 279.41 feet and an arc
distance of 280.13 feet to a ''/s" steel rod with cap marked Arceneaux & Gates set for point of
tangency;
THENCE North 78 deg. 54 min. 41 sec. West a distance of 70.05 feet to a ``/2" steel rod with cap
marked Arceneaux & Gates set for the beginning of a curve to the left;
THENCE along said curve with a radius of 1000 feet, a central angle of 14 deg. 07 min. 28sec.,
a chord bearing of North 85 deg. 58 min. 25 sec. West, a chord length of 245.90 feet and an arc
distance of 246.52 feet to a '/2" steel rod with cap marked Arceneaux & Gates set for point of
tangency;
Page 1 of 5
Z:\A&G ENGINEERING\A&G PROJECTS\CAI-040\DRAWINGS\METES & BOUNDS\PARCEL I docx
EXHIBIT "A"
THENCE South 86 deg. 57 min. 51 sec. West a distance of 137.96 feet to a %" steel rod with
cap marked Arceneaux & Gates set for angle point;
THENCE South 42 deg. 08 min. 26 sec. West a distance of 42.60 feet to a ``/2" steel rod with cap
marked Arceneaux & Gates set for angle point;
THENCE North 02 deg. 51 min. 34 sec. West a distance of 190.30 feet to a '/2" steel rod with
cap marked Arceneaux & Gates set for angle point;
THENCE South 47 deg. 51 min. 34 sec. East a distance of 42.68 feet to a ``/z" steel rod with cap
marked Arceneaux & Gates set for angle point;
THENCE North 86 deg. 57 min. 51 sec. East a distance of 137.50 feet to a %" steel rod with cap
marked Arceneaux & Gates set for the beginning of a curve to the right;
THENCE along said curve with a radius of 1130 feet, a central angle of 14 deg. 07 min. 28 sec.,
a chord bearing of South 85 dPg. 58 min. 25 sec. East, a chord length of 277.86 feet and an are
distance of 278.57 feet to a ''/2" steel rod with cap marked Arceneaux & Gates set for point of
tangency;
THENCE South 78 deg. 54 min. 41 sec. East a distance of 70.05 feet to a ``/z" steel rod with cap
marked Arceneaux & Gates set for the beginning of a curve to the left,-
THENCE
eft;THENCE along said curve with a radius of 1000 feet, a central angle of 14 deg. 12 min. 14 sec.,
a chord bearing of South 86 deg. 00 min. 47 sec. East, a chord length of 247.27 feet and an arc
distance of 247.90 feet to a %Z" steel rod with cap marked Arceneaux & Gates set for point of
tangency;
THENCE North 86 deg. 53 min. 06 sec. East a distance of 223.79 feet to a ''/2" steel rod with cap
marked Arceneaux & Gates set in the East line of said 46.70 acre tract of land and the West line
of said Parkdale Mall Addition and marking the Northeast corner of the herein described tract of
land;
THENCE South 03 deg. 06 min. 54 sec. East along and with the East line of said 46.70 acre
tract of land and the West line of said Parkdale Mall Addition a distance of 130.00 feet to the
PLACE OF BEGINNING of the herein described tract of land and containing 2.970 acres of
land more or less.
Page 2 of 5
Z''A&G ENG[NEER-NG\A&G PROJECTS\CAI-04011)RAWINCSWETES& BOUNDSPARCEL I docx
PARCEL 1B
Being a 0.560 acre tract or parcel of land, a portion of the residue of that certain tract of land
(called 46.70 acres) as conveyed by deed to LaTex Investors, LP as recorded in Clerk's File No.
2001041210, Jefferson County, Texas as situated in and a part of the A. Duwe Survey, Abstract
No. 459 of said County and being more particularly described by metes and bounds as follows;
BEGINNING at a 1/2" steel rod with cap marked Faust found for the Northwest corner of said
46.70 acre tract of land and the most northerly corner of the herein described tract of land;
THENCE South 09 deg. 29 min. 38 sec. East a distance of 260.78 feet to a 5/8" iron rod with
cap marked Wortech found for angle point;
THENCE South 02 deg. 51 min. 34 sec. East a distance of 550.00 feet to a 5/8" iron rod with
cap marked Wortech found for angle point;
THENCE South 03 deg. 47 min. 23 sec. West a distance of 260.20 feet to a 1/2" steel rod with
cap marked Arceneaux & Gates set in the West line of said 46.70 acre tract of land and the East
line of Old Dowlen Road, a public dedicated Right -of -Way, and marking the most southerly
corner of the herein described tract of land;
THENCE North 02 deg. 51 min. 34 sec. West along and with the West line of said 46.70 acre
tract and East line of said Old Dowlen Road a distance of 1067.48 feet to the PLACE OF
BEGINNING of the herein described tract of land and containing 0.560 acres of land more or
less.
Surveyed: December 2013
A)
...............
RONALD J. ARCENEAUX
....:.................................
4572 -� `
9•'�sss�� O
susW
R.P.L.S. V4572
Notes:
Bearings, distances and coordinates referenced to the Texas State Plane Coordinate System,
South Central Zone, NAD 83
An Exhibit of even date is being submitted with and being made a part of this Metes and Bounds
Description.
Page 3 of 5
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PAULA RENE MARTIN
TO BRIAN BRETT MARTIN
85.710 AC.
05/22/2012
CF# 2012017083
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TEXAS REGISTERED
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POB POINT OF BEGINNING
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PARCEL PLAT
PARCELS 1A & 113
NORTHWEST PARKWAY
BEAUMONT, JEFFERSON COUNTY, TX
DATE: DECEMBER 2013 SCALE: SHOWN
PROJ. No.: CAI -040 DESIGN:
EXHIBIT "B"
DRAWN: BJB
CHECKED: RJA
PAGE
4
OF
5
NOTES:
COORDINATES, BEARINGS AND DISTANCES REFERENCED
TO THE TEXAS STATE PLANE COORDINATE SYSTEM,
SOUTH CENTRAL ZONE, NAD 83.
GRID SCALE: 0.999958339
I, RONALD J. ARCENEAUX, REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4572
IN THE STATE OF TEXAS, DO HEREBY CERTIFY THAT THE ABOVE PLAT CORRECTLY
REFLECTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION
AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE LIMITS, BOUNDARIES AND
CORNERS ARE TRULY SHOWN JUST AS FOUND AT THE TIME OF THIS SURVEY.
THIS PLAT IS BEING SUBMITTED ALONG WITH METES AND BOUNDS DESCRIPTION OF
EVEN DATE BASED ON THIS SURVEY. /� p�
GIVEN UNDER MY HAND SEAL THE _L DAY OF L �J , 201 0
RONALD J. ARCENEA RP LS
N0. 4572
Parcel Line
Table
Line
#
Length
Direction
Consulting Engineers. Inc.
L1
#
223.79'
S86'
53'
06"W
L2
Chord Direction
70.05'
N78'
54'
41 "W
L3
14'
137.96'
S86'
57'
51 "W
L4
279.41'
42.60'
S42'
08'
26"W
L5
07'
190.30'
NO2'
51'
34"W
L6
C3
42.68'
S47'
51'
34"E
L7
28"
137.50'
N86'
57'
51 "E
L8
70.05'
S78'
54'
41 "E
L9
S86'
223.79'
N86'
53'
06"E
L10
130.00'
SOT
06'
54"E
L11
260.78'
SOT
29'
38"E
L12
550.00'
S02'
51'
34"E
L13
260.20'
S03'
47'
23"W
L14
1067.48'
NO2'
51'
34"W
NOTES:
COORDINATES, BEARINGS AND DISTANCES REFERENCED
TO THE TEXAS STATE PLANE COORDINATE SYSTEM,
SOUTH CENTRAL ZONE, NAD 83.
GRID SCALE: 0.999958339
I, RONALD J. ARCENEAUX, REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4572
IN THE STATE OF TEXAS, DO HEREBY CERTIFY THAT THE ABOVE PLAT CORRECTLY
REFLECTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION
AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE LIMITS, BOUNDARIES AND
CORNERS ARE TRULY SHOWN JUST AS FOUND AT THE TIME OF THIS SURVEY.
THIS PLAT IS BEING SUBMITTED ALONG WITH METES AND BOUNDS DESCRIPTION OF
EVEN DATE BASED ON THIS SURVEY. /� p�
GIVEN UNDER MY HAND SEAL THE _L DAY OF L �J , 201 0
RONALD J. ARCENEA RP LS
N0. 4572
®
Curve
Table
ARCENEAUX
Consulting Engineers. Inc.
Curve
#
Length
Radius
6
Delta
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Chord Direction
Chord Length
C1
TEXAS REGISTERED
280.13'
1130.00'
14'
12'
14"
N86'
00'
47"W
279.41'
C2
246.52'
1000.00'
14'
07'
28"
N85'
58'
25"W
245.90'
C3
278.57'
1130.00'
14'
07'
28"
S85'
58'
25"E
277.86'
C4
247.90'
1000.00'
14'
12'
14"
S86'
00'
47"E
247.27'
NOTES:
COORDINATES, BEARINGS AND DISTANCES REFERENCED
TO THE TEXAS STATE PLANE COORDINATE SYSTEM,
SOUTH CENTRAL ZONE, NAD 83.
GRID SCALE: 0.999958339
I, RONALD J. ARCENEAUX, REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4572
IN THE STATE OF TEXAS, DO HEREBY CERTIFY THAT THE ABOVE PLAT CORRECTLY
REFLECTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION
AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE LIMITS, BOUNDARIES AND
CORNERS ARE TRULY SHOWN JUST AS FOUND AT THE TIME OF THIS SURVEY.
THIS PLAT IS BEING SUBMITTED ALONG WITH METES AND BOUNDS DESCRIPTION OF
EVEN DATE BASED ON THIS SURVEY. /� p�
GIVEN UNDER MY HAND SEAL THE _L DAY OF L �J , 201 0
RONALD J. ARCENEA RP LS
N0. 4572
PARCELPLAT
PARCELS 1 A & 1 B
NORTHWEST PARKWAY
BEAUMONT, JEFFERSON COUNTY, TX
DATE: DECEMBER 2013 SCALE: SHOWN DRAWN: BJB
PROJ. No.: CAI -040 DESIGN: CHECKED: RJA
PAGE
5
OF
5
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ARCENEAUX & GATES
ARCENEAUX
Consulting Engineers. Inc.
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Matinee" Burr"are Plennere
GATES
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5501 Turtle creek Drlra. Butte 102
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Port Arthur. Teras 77642
(40 0) 724-75M
A Burow Global Company
TEXAS REGISTERED
ENGINEERING FIRM F-30
TEXAS LICENSED SURVEYING FIRM 100142-00
PARCELPLAT
PARCELS 1 A & 1 B
NORTHWEST PARKWAY
BEAUMONT, JEFFERSON COUNTY, TX
DATE: DECEMBER 2013 SCALE: SHOWN DRAWN: BJB
PROJ. No.: CAI -040 DESIGN: CHECKED: RJA
PAGE
5
OF
5
11EA,11M0N*
T- E- X- A- S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MAY 13, 2014 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocati on Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-3/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving a resolution authorizing the City Manager to enter into a
contract with the South East Texas Regional Planning Commission for the
administration of Hurricane Ike disaster recovery funds
2. Consider approving a resolution approving a contract with Moncla's, Inc. for the
2014 Summer Food Service Program
3. Consider approving a resolution approving the award of a three-year contract to
Patriot Security, Inc., of Nederland, for Security Guard and Event Staff Services
WORK SESSION
* Review and discuss a proposed Gaming Machine Ordinance
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
May 13, 2014
Consider approving a resolution authorizing the City Manager to enter into a contract with the
South East Texas Regional Planning Commission for the administration of Hurricane Ike disaster
recovery funds
11EA,11M011T4,r
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
C )'D
PREPARED BY: Chris Boone, Planning &. Community Development
Director
MEETING DATE: May 13, 2014
REQUESTED ACTION: Council consider authorizing the City Manager to
enter into a contract with the South East Texas
Regional Planning Commission for the
administration of Hurricane Ike disaster recovery
funds.
BACKGROUND
As the result of the damage caused by Hurricane Ike, a variety of programs have been
made available to aid in recovery. In prior funding rounds, the City has partnered with
the Department of Housing and Urban Development, the Texas Department of Housing
and Community Affairs, the Texas General Land Office and the South East Texas
Regional Planning Commission to rebuild homes, purchase repetitively flooding
properties, demolish damaged structures and repair and enhance a variety of city
facilities.
In this latest round of funding, the City will contract with the Planning Commission to
identify and properly condemn no more than four hundred fifty-five (455) damaged
residential structures. The City will receive an administrative fee of $250 for identifying,
processing and condemning each structure. The Planning Commission will then be
responsible for removing the structures in accordance with established City of Beaumont
standards. The City will be required to file a lien on each property once the demolition is
complete. Any paid liens will be returned to the Texas General Land Office.
FUNDING SOURCE
Funds are available through this grant, with no required local match.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract with the
Southeast Texas Regional Planning Commission, substantially in the form attached hereto
as Exhibit "A," for the administration of Hurricane Ike disaster recovery funds provided by
the Texas Department of Housing and Community Affairs CDBG Disaster Program to
identify and properly condemn no more than four hundred fifty-five (455) damaged
residential structures.
2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of May,
- Mayor Becky Ames -
CONTRACT FOR DEMOLITION PROGRAM SERVICES
PARTIES TO THE AGREEMENT
This Contract for Demolition Program Services (the "Contract') is made and entered into by
and between South East Texas Regional Planning Commission (hereinafter referred to as the
"SETRPC"), acting herein by its Executive Director duly authorized by SETRPC's Executive
Committee, and the City of Beaumont, Jefferson County, Texas (hereinafter referred to as the "City of
Beaumont'), pursuant to the Community Development Block Grant Disaster Recovery Program
("CDBG-DR") funded by the Texas General Land Office ("GLO") and the U.S. Department of
Housing and Urban Development ("HUD"). The parties hereto agree, by the execution hereof, that
they are bound to the mutual obligations and to the performance and accomplishment of the tasks
described herein.
WITNESS THAT:
WHEREAS, Chapter 791 of the Texas Government code, also known as the Inter -local
Cooperation Act, authorizes all local governments to contract with each other to perform governmental
functions or services, including administrative entity functions normally associated with the operation
of government, such as administration and management of programs designed to assist its citizens; and
WHEREAS, the SETRPC is the Contract Administrator for the Texas General Land Office
(hereinafter referred to as the "GLO") for the Community Development Block Grant Hurricane Ike
Disaster Program that was legislated to assist individuals and families who meet one of the three
national objectives (i.e., Low or Moderate Income, Urgent Need, and Slum and Blight) recover from
the devastating effects of Hurricane Ike and to provide them with a home that is decent, safe, and with
sanitary conditions; and
WHEREAS, under the terms of the agreement between the SETRPC and the GLO, SETRPC
must ensure that all applicable state and federal requirements are met concerning the disbursement of
funds;
WHEREAS, SETRPC and the City of Beaumont desire to enter into this Contract for the
purpose of fulfilling and implementing their respective public and governmental purposes as agreed to
by both parties;
WHEREAS, SETRPC and the City of Beaumont are of the opinion that cooperation in the
implementation of the programs and services to be provided by Ike Program funds will be beneficial to
the citizens and the governments located in the City of Beaumont through the efficiency and potential
savings to be realized;
WHEREAS, SETRPC certifies that it is the designated GLO Contract Administrator of the Ike
Program as allocated by the Texas General Land Office;
WHEREAS, SETRPC certifies that it is independently authorized to enter into this Contract as a
unit of local government as defined under State of Texas Local Government Code, Subtitle C., Chapter
3 91; and,
EXHIBIT "A"
NOW THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions
contained herein. promise and contract as follows:
L STATEMENT OF RESPONSIBILITIES — Contract Administrator (SETRPC)
Receiving CDBG funds designated for Disaster Assistance for Hurricane Ike. SETRPC shall
have the following responsibilities:
A. Administrative: SETRPC shall have certain legal and administrative responsibilities
including, but not limited to:
1. Execute and approve all GLO documents necessary to request and receive
funds,
2. Receive and respond to citizen inquiries;
3. Prepare and monitor budgets based on need;
4. Disburse funds to City of Beaumont;
5. Execute and approve all GLO documents necessary to submit annual
compliance and performance reports;
6. Complete all reports as required by GLO:
7. Respond to all GLO inquiries; and
8. Monitor and evaluate services and projects provided by the City of Beaumont.
B. Financial: SETRPC shall comply with fiscal accountability duties in compliance with
federal regulations. These services will include, but are not limited to:
1. Prepare vouchers and draw -downs for reimbursement of Ike Program funds;
2. Prepare annual project budgets; and
3. Maintain accounting requirements in accordance with applicable OMB
Circulars.
C. Management: Administrator will be responsible for, but are not limited to, the
following activities:
1. Complete all strategic planning documents;
2. Perform Environmental Review and other compliance regulations;
3. Develop program guidelines;
4. Maintain and provide project and program file documentation in accordance
with federal requirements;
5. Monitor and evaluate contractors receiving funds to ensure compliance with
Program Guidelines, and
6. Maintain management compliance requirements as needed to meet the Ike
Program regulations.
II. STATEMENT OF RESPONSIBILITIES — Sub -Contractor (City of Beaumont)
A. City of Beaumont agrees to comply with all sections requirements of Title 24 Code of
Federal Regulations, Parts 91 and 92 of the U.S. Housing and Urban Development
regulations concerning the Ike Program and all federal regulations and policies issued
pursuant to these regulations.
2
L I 1Z
B. City of Beaumont agrees to utilize funds made available under this Contract to
supplement rather than to supplant funds otherwise available.
C. City of Beaumont shall collect and submit on a regular basis documentation regarding
leverage funds being used in collaboration with Ike Program funds.
1. Demolition: The City of Beaumont must issue an invoice for projects submitted
by the City and approved by the SETRPC for demolition. The City of
Beaumont will comply with the document titled "City of Beaumont/SETRPC
Hurricane Ike CDBG-DR Program Required Documents for Properties
Approved for Demolition" which is attached hereto as Attachment A.
2. Records:
a. City of Beaumont shall provide SETRPC and/or GLO with the ability to
directly review, monitor, or audit the operational and financial
performance or records of work performed under this Contract in
accordance with OMB Circular A-87 or A-122, as applicable, 24 CFR
570.490 of the Regulations.
b. City of Beaumont shall maintain fiscal records and supporting
documentation for all expenditures of funds made under this Contract in
a manner which conforms to OMB Circular A-87 or A-122, as
applicable, 24 CFR 570.490 of the Regulations in Exhibit C, and this
Contract. Such records must include data on the racial, ethnic, and
gender characteristics of persons who are applicants for, participants in,
or beneficiaries of the funds provided under this Contract. The City of
Beaumont shall retain such records, and any supporting documentation,
for therg eater of: (i) five years after close-out of this Contract; (ii) if
notified by the Department in writing, the date that the final audit is
accepted with all audit issues resolved to the Department's satisfaction,
or (iii) a date consistent with the period required by other applicable laws
and regulations as described in 24 CFR 570.487 and 570.488.
The City of Beaumont shall cooperate fully with any audit, review, or
investigation of the CDBG Program by the Department or any state or
federal body lawfully conducting any such audit, review or investigation
and shall give the United States Department of Housing and Urban
Development, the Inspector General, the General Accounting
Department, the Auditor of the State of Texas, an Department or agency
of the State of Texas, and the Department, or any of their duly authorized
representatives, access to and the right to examine all books, accounts,
records, reports, files, and other papers, things, or property belonging to
or in use by the City pertaining to this Contract. Such rights to access
shall continue as long as the records are retained by the City. The City
agrees to maintain such records in an accessible location and to provide
citizens reasonable access to such records consistent with the Texas
Public Information Act.
3
C. All customer/client information shall be maintained in a secure and
confidential manner, and the City of Beaumont agrees to comply with all
local, state, and federal guidelines.
III. PERFORMANCE
A. Time of Performance: Services of the City of Beaumont designated herein are to
commence on and end on the latter date of or
the expiration of any extended period for the receipt of Ike Program funds.
B. Scope of Performance: The maximum number of units to be reimbursed for will not
exceed four hundred fifty-five (455.)
C. Performance Standards:
1. The City of Beaumont will complete the tasks in this agreement in a timely,
efficient and professional manner.
2. The City of Beaumont will make monthly reports to SETRPC electronically on
the 5th of each month that contains information requested by SETRPC and GLO.
IV. CONTRACT SUSPENSION/TERMINATION
A. If the City of Beaumont shall fail to fulfill in a timely and proper manner its obligations
under this Agreement, or if the City of Beaumont shall violate any of the covenants,
agreements, or stipulations of this Contract, SETRPC shall, upon concurrent opinion of
HIHAC, have the right to terminate this Contract by giving written notice to the Sub -
Contractor of such termination and specifying the effective date thereof at least
thirty(30) days before the effective date of such termination.
B. All finished or unfinished documents, data, maps, studies, surveys, drawings, models,
photographs and reports prepared by the City of Beaumont under this Contract shall, at
the option of SETRPC, become the property of SETRPC. City of Beaumont shall be
entitled to receive just and equitable compensation for any work satisfactorily
completed hereunder.
C. Debarment: Failure to adequately perform under this Contract may result in penalties
including the possibility of debarment from performing additional work for GLO.
V. COMPENSATION
A. Minimum Financial Standards Requirement: No compensation may be paid to the City
of Beaumont until a qualified Certified Public Accountant has provided written
certification to SETRPC that the City of Beaumont is in full compliance with the
standards set forth in OMB A-102.
B. Compensation Amount: City of Beaumont will be reimbursed a fee of $250.00 per
property approved for demolition through the Texas General Land Office and the
SETRPC.
4
C. Compensation Amount: City of Port Arthur will be reimbursed a fee of per
property approved for demolition through the Texas General Land Office and the
SETRPC.
D, Compensation Structure: City of Beaumont warrants and acknowledges that no other
compensation will be paid for administration of the Ike Program under this Contract.
E. Payment Structure: City of Beaumont shall be reimbursed only for those items that are
eligible expenses under the Ike Program and are specifically related to demolition.
VI. PROGRAM INCOME
A. Any program income shall be returned to the State of Texas.
B. Program Income means gross income, including interest earned on Ike Program funds
or received by the City of Beaumont, which is directly generated from the use of Ike
Program funds.
C. When program income is generated by an activity that is only partially assisted with Ike
Program funds, the income shall be prorated to reflect the percentage of said funds.
(The definitions to be utilized are contained in CPD Notice 97-9.). Income generated
by a project which is funded with program income, is also program income.
D. City of Beaumont shall report monthly all program income as defined at 24 CFR Part
570 generated by activities carried out with CDBG funds made available under this
contract.
E. City of Beaumont will track and account for any program income as required by HUD
and outlined in HUD CPD Notice 97-9.
VII. MANAGEMENT, AUDIT, PROCUREMENT AND CLOSE-OUT
A. Financial Management: It is understood by the City of Beaumont that CDBG funds are
subject to the requisite CFRs and the Federal Government's Office of Management and
Budget circulars (OMB Circular):
1. The general requirements for financial management systems and reporting are
found in 24 CFR Part 84-85;
2. OMB Circular no. A-87, "Cost of Principles for State, Local, and Indian Tribal
Governments";
3. OMB Circular no. A-133, "Audits of State and Local Governments;" and
4. OMB Circular no. A-102, "Grants and cooperative agreements with state and
local governments".
B. Policies and Procedures: City of Beaumont must establish and use a set of written
accounting policies and procedures which meet the minimurn standards established by
the relevant OMB Circulars for contract accounting. Standards must include adequate
internal controls and maintaining necessary source documentation for all costs incurred.
5
CRAFT
C. Audit:
1. If the City of Beaumont expends $500,000 or more in Federal funds a year, the
City shall have an audit conducted in accordance with the Federal Governments'
OMB Circular No. A-133:
a. The audit shall be made by an independent auditor in accordance with
generally accepted government auditing standards covering financial and
compliance audits on funds provided under this Contract.
b. City of Beaumont shall provide SETRPC with a copy of this audit within six
(6) months of the ending of the City's fiscal year(s) coinciding with this
Contract.
2. If the City of Beaumont expends less than $500,000 in Federal funds per fiscal
year the City shall submit to SETRPC a copy of its annual audit within six (6)
months of the close of the City's fiscal year.
D. Documentation and Record -Keeping: City of Beaumont shall maintain this Contract
and all applicant files transmitted to SETRPC for completion.
E. Access to Records: At any time during normal business hours and as often as SETRPC,
GLO or the Comptroller General of the United States may deem necessary, there shall
be made available to these entities all of the City of Beaumont's records with respect to
all matters covered by this Contract and the City of Beaumont shall permit said entities
to audit, examine, and make excerpts or transcripts from such records, and to make
audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of
employment, and other data relating to all matters covered by this Contract.
F. Information on File: City of Beaumont must have on file and provide access to current
copies of:
1. Documentation of governmental status;
?. Copy of City statutes;
3. Any license applicable to the City of Beaumont's proposed activities;
4. Listing of the current Mayor and City Council (including name, address,
occupation, position on council, and tenure);
5. Current organizational chart showing management and staffing structure;
6. The City of Beaumont's written personnel (including staff and volunteers)
policies,
7. The City of Beaumont's written accounting policies and procedures; and
8. The City of Beaumont's written procurement policies and procedures.
G. Procurement:
City of Beaumont shall comply with all SETRPC, City, State, and Federal
policy concerning the purchase of equipment and shall maintain an inventory
record of all non -expendable personal property as defined by such policies as
may be procured with funds provided herein.
6
2. City of Beaumont shall procure materials in accordance with the requirements of
Attachment 0 of OMB Circular A-110, Procurement Standards, and shall
subsequently follow Attachment N, Property Management Standards. covering
utilization and disposal of property.
H. Property Records: City of Beaumont shall maintain real property inventory records that
clearly identify properties purchased, improved, or sold. Properties retained shall
continue to meet eligibility criteria and shall conform to the restrictions specified in
Subparts E and F 24 CFR Part 570.
J. Close -Outs: City of Beaumont's obligation to SETRPC shall not end until all close-out
requirements are completed.
VIII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Independent Contractor: Neither the City of Beaumont nor its employees are
considered to be employees of SETRPC for any purpose whatsoever. The City of
Beaumont is considered to be an independent contractor at all times in the performance
of the scope of services described herein.
1. City of Beaumont further agrees that neither it nor its employees are entitled to
any benefits from SETRPC under the provisions of the Worker's Compensation
Act of the State of Texas or to any of the benefits granted to employees of
SETRPC under the provisions of the Personnel Policies as now enacted or
hereafter amended.
2. City of Beaumont certifies that it will establish, publish and post a statement of
its policies and requirements on maintaining a drug free workplace which
complies with the "Drug Free Workplace Act" (P.L. 100-690) and shall require
all providers of services under this Contract to comply with Drug Free
Workplace requirements of the above noted Act.
B. Personnel: City of Beaumont represents that it has, or will secure, all personnel
required in performing all of the services required under this Contract. Such personnel
shall not be employees of or have any contractual relationships with SETRPC.
1. All the services required hereunder will be performed by the City of Beaumont
or under its supervision and all personnel engaged in the work shall be fully
qualified and shall be authorized or permitted under state and local law to
perform such services.
2. Any work or services subcontracted hereunder shall be specified by written
contract or agreement and shall be subject to each provision of this Contract.
3. City of Beaumont shall have in its possession a documented set of personnel
policies and procedures, including fringe benefits, if any. available to its
employees that have been formally adopted by its City Council. Such a
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document shall be made available for inspection and determination by the
SETRPC as to its acceptability.
C. Prohibited Activity: City of Beaumont is prohibited from using funds provided herein
or personnel employed in the administration of the program for political activities,
sectarian, or religious activities, lobbying, political patronage, and nepotism activities.
D. Hatch Act: City of Beaumont agrees that no funds provided, nor personnel employed
under this contract, shall be in any way or to any extent engaged in the conduct of
political activities in violation of Chapter 15 of Title V United States Code.
E. Compliance with Civil Rights Laws and Executive Orders: City of Beaumont will
comply with the provisions of, and act in accordance with, all federal laws, rules and
regulations, and Executive Orders related to equal employment opportunity, affirmative
action, equal access to programs and services, and the enforcement of Civil Rights,
including, but not limited to:
1. Section 3 of the Housing and Urban Development Act of 1968;
2. Sections 103 and 109 of the Housing and Community Development Act of
1974, as amended;
3. Title VI and Title VII of the Civil Rights Act of 1964, as amended:
4. Title VIII of the Civil Rights Act of 1968;
5. Sections 502, 503, 504 and 505 of the Rehabilitation Act of 1973;
6. Equal Pay Act of 1963;
7. Age Discrimination in Employment Act of 1967, as amended:
8. The Vietnam Era Veterans Readjustment Act of 1974;
9. The 1986 U. S. Immigration Reform and Control Act;
10. Americans with Disabilities Act of 1990;
11. Executive Order 11063 of 1962; and
12. Executive Order 11246 of 1965, as amended.
F. City of Beaumont will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, age, national origin, or ancestry,
physical or mental handicap, marital/familial status or disabled veteran status.
G. City of Beaumont will make reasonable accommodation to the known physical or
mental handicap of an otherwise qualified employee or applicant for employment.
H. City of Beaumont will ensure and maintain a working environment free of sexual
harassment and other unlawful forms of harassment, intimidation, and coercion in all
facilities at which the City of Beaumont's employees are assigned to work.
J. City of Beaumont will in all solicitations or advertisements for employees placed by or
on behalf of the City, state that all qualified applicants will receive consideration of
employment without regard to race, color, religion, sex, age, national origin or ancestry,
or physical or mental handicap.
K. City of Beaumont agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this nondiscrimination
clause.
8
IX.
L. City of Beaumont will, in all solicitations or advertisements for employees placed by or
on behalf of the City, state that it is an Equal Opportunity or Affirmative Action
employer.
GENERAL REQUIREMENTS AND CONDITIONS
A. Debarment, Suspension, Ineligibility and Exclusion Compliance:
City of Beaumont certifies that it has not been debarred, suspended or otherwise
found ineligible to receive funds by an agency of the executive branch of the
federal government.
2. City of Beaumont agrees that should any notice of debarment, suspension,
ineligibility or exclusion be received by the City, the City will notify SETRPC
immediately.
3. City of Beaumont agrees to not procure or subcontract with any agency,
organization, or Contractor that has been debarred, suspended, or otherwise
found ineligible to receive funds by an agency of the executive branch of the
federal government.
B. Use of Funds for Sectarian Religious Purposes: City of Beaumont covenants and agrees
that no funds awarded through this program will be used for sectarian religious
purposes, and specifically that:
1. There will be no religious test for admission for services;
2. There will be no requirement for attendance at religious services;
3. There will be no inquiry as to a client's religious preference or affiliation;
4. There will be no proselytizing; and
5. Services provided will be essentially secular.
C. Lobbying: City of Beaumont understands that utilization of any federally appropriated
funds provided the City by SETRPC pursuant hereto to influence or attempt to
influence any member or employee of the Executive or Legislative branches of the
federal government with respect to a covered federal action is prohibited. City of
Beaumont further agrees that it shall comply with the certification and disclosure
requirements of the applicable regulations.
D. Publication, Reproduction and use of Materials: If this Contract results in any book,
publication, video, audio, or any other copyrightable material, then the material
produced with Federal funds shall be considered public domain.
E. Identification of Documents: All reports, maps, and other documents completed as a
part of this contract, other than documents exclusively for internal use within The City
of Beaumont shall contain the following information on the front cover or title page (or
in the case of maps, in an appropriate block): GLO Ike Program, month and year of the
preparation, SETRPC and descriptive title.
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F. Compliance with Laws: In performing the services required hereunder. the City of
Beaumont shall comply with all applicable laws, ordinances, and codes of the federal,
state and local governments, including environmental protection regulations. Failure to
comply with the Administrative entity Requirements shall constitute grounds for
termination of this Contract.
G. Insurance and Bonding: City of Beaumont shall carry sufficient insurance to protect
contract assets from loss due to theft, fraud, and/or undue physical damage.
H. Assignability: City of Beaumont shall not assign any interest in this Contract, and shall
not transfer any interest in the same (whether by assignment or notation), without the
prior written consent of SETRPC thereto.
J. Conflict of Interest:
1. The City of Beaumont shall ensure that no employee, officer, or agent of the
City shall participate in the selection, or in the award or administration of a
subcontract supported by funds provided if a conflict of interest, real or
apparent, would be involved. Such conflict of interest would arise when: 1) the
employee, officer, or agent; 2) any member of his or her immediate family; 3)
his or her partner; or, 4) any organization which employs, or is about to employ
any of the above, has a financial or other interest in the firm or person selected
to perform the subcontract. The City shall comply with Chapter 171, Texas
Local Government Code and 24 CFR 570.489(h) of the federal regulations.
2. In all cases not governed by Subsection 1 of this Section, no persons specified in
Subsection 3 of this Section who exercise or have exercised any functions or
responsibilities with respect to the activities assisted under this Contract or any
other CDBG contract or who are in a position to participate in a decision making
process or gain inside information with regard to such activities, may obtain a
financial interest or benefit from the activity, or have an interest or benefit from
the activity, or have any interest in any contract. subcontract or agreement with
respect thereto, or the proceeds thereunder, either for themselves or those with
whom they have family or business ties during their tenure or for one year
thereafter.
3. The conflict of interest provisions of Subsection 2 of this Section apply to any
person who is an employee, agent, consultant, department, or elected official or
appointed official of the City or of a subcontractor of the City.
4. In the procurement of supplies, equipment, construction and services by
contractors, the conflict of interest provisions in 24 CFR Part 570 and OMB
Circular A-110, respectively, shall apply.
5. City of Beaumont and SETRPC state to the best of their knowledge, no member
of the Beaumont City Council and no other officer, employee, or agent of the
City of Beaumont who exercises any function or responsibility in connection
with the carrying out of the Program or the funds to which this Contract
pertains, has any personal interest, direct or indirect, in this Contract.
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K. Affirmative Action:
City of Beaumont agrees that it shall be committed to Affirmative Action
principles as provided in the President's Executive Order 11246 of September
24, 1965.
2. City of Beaumont will use its best effort to afford minority and women -owned
business enterprises the maximum practicable opportunity to participate in the
performance of this contract.
3. As used in this contract, the term "minority and female business enterprise"
means a business at least fifty-one (51) percent owned and controlled by
minority group members or women. For the purpose of this definition,
"minority group members" are African-Americans, Spanish-speaking, Spanish
surnamed or Spanish -heritage Americans, Asian -Americans, and American
Indians. The City of Beaumont may rely on written representations regarding
their status as minority and female business enterprises in lieu of an independent
investigation.
X. LEGAL
A. Representation in Proposal: SETRPC has relied on all representations of the City of
Beaumont in awarding this contract and the City of Beaumont warrants the accuracy of
all representations in said proposal. Misrepresentation in the proposal shall be cause to
terminate this contract and the City of Beaumont shall owe as liquidated damages all
amounts paid to it should these amounts not be legitimate reimbursements for Ike
Program eligible activities.
B. GLO CDBG Disaster Recovery Funds Recognition: The City of Beaumont shall insure
recognition of the role of GLO Ike Program funds in providing services through this
Contract. All activities, facilities, and items utilized pursuant to this Contract shall be
prominently labeled as to the funding source. In addition, the City will include a
reference to the support provided herein in all publications made possible with funds
made available under this Contract.
C. Notifications: Any notice hand -delivered or sent by mail (with a return receipt which
indicates delivery) to the addresses below shall be deemed received for any purposes
arising out of the execution of this contract.
For SETRPC, notices may be sent to:
Shaun Davis, Executive Director
South East Texas Regional Planning Commission
2210 Eastex Freeway
Beaumont, TX 77703
409-899-8444; 409-347-0138 (fax)
11
For City of Beaumont, notice may be sent to:
D. Construction and Severability: If any part of this Contract is held to be invalid or
unenforceable, such holding will not affect the validity or enforceability of any other
part of this Contract so long as the remainder of the Contract is reasonably capable of
completion.
E. Enforcement: City of Beaumont agrees to pay to SETRPC all costs and expenses
including reasonable attorney's fees incurred by SETRPC in exercising any of its rights
or remedies in connection with the enforcement of this Contract.
F. Entire Contract: This Contract contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written.
G. Amendments: The City of Beaumont or SETRPC may amend this Contract at any time
provided that such amendments make specific reference to this Contract, and are
executed in writing and signed by a duly authorized representative of both
organizations. Such amendments shall not invalidate this Contract, nor relieve or
release the City of Beaumont or SETRPC from its obligations under this Contract.
SETRPC may, in its discretion, amend this Contract to conform with federal,
state, or local governmental guidelines, policies, and available funding amounts,
or for other reasons.
2. If such amendments result in a change in the funding, the scope of services, or
the schedule of the activities to be undertaken as part of this Contract, such
modifications will be incorporated only by written amendment signed by both
the City of Beaumont and SETRPC.
3. Further, any future change in federal regulations or federal requirements
governing the use or eligibility of Ike Program funds are deemed to be
immediately incorporated into this Contract and subject to the provisions herein.
H. Applicable Law: This Contract shall be governed by and construed and enforced in
accordance with the laws of the State of Texas, the by-laws, rules and regulations of the
SETRPC and the applicable regulations of the U.S. Department of Housing and Urban
Development and Texas General Land Office.
J. Approval Required: The parties hereto state that they are appropriately empowered by
their respective Board/City Council to sign this Contract. This Contract shall not
become effective or binding until approved by Beaumont City Council.
12
XI. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between SETRPC and the City
of Beaumont concerning the Demolition Program Services described herein consist of the following:
A. This Contract (pages 1 to 13, inclusive).
B. Attachment A, City of Beaumont List/SETRPC Hurricane Ike CDBG-DR Program
Required Documents for Properties Approved for Demolition
C. Attachment B, GLO Contract No. 12-496-000-6694
D. Attachment C, Federal Assurance and Certifications
E. Attachment D, General Affirmations
E. Attachment E, SETRPC Disaster Recovery Housing Program, Housing Demolition
Only Guidebook
APPROVED BY
and
THE CITY OF BEAUMONT ON the day of
2014
THE SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION ON the day of
.2014.
Kyle Hayes
City Manager
City of Beaumont
Shaun P. Davis.
Executive Director
South East Texas Regional Planning Commission
13
Attachment A
CITY OF BEAUMONT
SETRPC Hurricane Ike CDBG-DR Program
Required Documents for Properties Approved for Demolition
In exchange for the fee provided for in the Contract attached hereto, the City of
Beaumont agrees to provide the SETRPC and/or its Program Administrator, URS, with
the following documents for each property it would like to submit to this program.
1. Initial Inspection Report
2. Before Photos
3. Red Tag Notification
4. Hold Orders for Utilities
5. 101 Letter (Initial Letter to Homeowner)
6. Tax Roll Search or Title report
7. 102 letter notifying owner of public hearing
8. Public Hearing Newspaper Publication and publisher's affidavit
9. Posting Notice for Public Hearing
10. Board Meeting Agenda and related documents
11. 103 Letter (Notifies owner of Board's decision)
12. Board Decision Newspaper publication and publisher's affidavit
13. 104 Letter (Notifies owner of demolition and cost)
14. Slum and Blight Approved Form
15. City Council Resolution (sample provided)
In addition to the list of documents the City must provide to receive the fee per
demolition, the City will be required to file a lien on each property once the demolition is
complete pursuant to Texas Local Government Code § 214.0015.
Attachment B
GLO CONTRACT No. 12-496-000-6694
COMMUNITY DEVELOPMENT BLOCK GRANT
DISASTER RECOVERY PROGRAM NON -RENTAL HOUSING PROJECTS
ROUND 2 SUBRECIPIENT GRANT AGREEMENT
This Community Development Block Grant Disaster Recovery ("CDBG-DR") grant agreement
(the "Contract") is entered into by and between the GENERAL LAND OFFICE ("the GLO"), a
Texas State agency, and SOUTH EAST TEXAS REGIONAL PLANNING COMMISSION
("Subrecipient"), hereinafter referred to collectively as "the Parties," to provide financial
assistance with funds appropriated by the Consolidated Security, Disaster Assistance, and
Continuing Appropriation Act (Public Law 110-329) enacted on September 30, 2008, to
facilitate disaster recovery, restoration, economic revitalization, and to affirmatively further fair
housing, in accordance with Executive Order 12892, in areas affected by Hurricanes Dolly and
Ike, which are Presidentially -declared major disaster areas under Title N of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
ARTICLE 1 - GENERAL PROVISIONS
1.01 SCOPE OF PROJECT AND GRANT AWARD
(a) Scope of Project
The purpose of this Contract is to set forth the terms and conditions of a Grant from
the GLO to Subrecipient under the CDBG Disaster Recovery program ("CDBG-
DR"). In strict conformance with the terms and conditions of this Contract,
Subrecipient shall perform, or cause to be performed, homeowner repair,
reconstruction, new construction, and homebuyer assistance of non -rental housing in
Subrecipient's jurisdictional area (the "Project"). The Project shall be conducted in
strict accordance with the terms of this Contract, including all Contract Documents in
SECTION 1.02, below, and any Amendments, Revisions or Technical Guidance
Letters issued by the GLO.
(b) Grant Award
Subrecipient submitted a Grant Application for grant under the Program, and the
GLO is entering into this Contract based on Subrecipient's Application.
Subject to the terms and conditions of this Contract and Subrecipient's Application,
the GLO agrees to make a grant to Subrecipient in an amount not to exceed ONE
HUNDRED TWENTY-SIX MILLION EIGHT HUNDRED SIXTY-TWO THOUSAND THREE
HUNDRED NINETY DOLLARS ($126,862,392.00), payable as reimbursement of
GLO Contract No. 12-496-000-6694
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allowable expenses incurred by Subrecipient, to be used in strict conformance with
the terms of this Contract, and the Project Budget in Attachment B.
The GLO is not liable to Subrecipient for any costs incurred by Subrecipient before
the effective date of this Contract or after the expiration or termination of this
Contract. However, the GLO in its sole discretion, may reimburse Subrecipient for
allowable program costs incurred prior to the effective date of this Contract.
1.02 CONTRACT DOCUMENTS
The GLO and Subrecipient hereby agree that this document and the following
Attachments, attached hereto and incorporated herein in their entirety for all purposes,
shall govern this Contract:
ATTACHMENT A: Performance Statements and Benchmarks for Non -Rental Housing
Projects
ATTACHMENT B: Project Budgets for Non -Rental Housing Projects
ATTACHMENT C: Nonexclusive list of Applicable Laws, Rules, and Regulations
ATTACHMENT D: General Affirmations
ATTACHMENT E: Federal Assurances — Non -Construction Programs SF -424B (Rev.
7-97) and Certifications Regarding Lobbying Lower Tier Covered
Transactions (Form CD -512, Rev. 12-04)
ATTACHMENT F: Special Conditions
1.03 GUIDANCE DOCUMENTS
Subrecipient shall be deemed to have read and understood and agrees to abide by all
guidance documents applicable to the CDBG-DR program including but not limited to:
(1) the CDBG-DR Project Implementation Manual found at:
http•//www elo texas jzov/GLO/disaster-recovery/nonhousing/forms-12ublications.html;
(2) the State of Texas Action Plan for Disaster Recovery found at;
littp://www glo texas gov/GLO/disaster-recovery/action-plans.htmi; and
(3) the Conciliation Agreement between: the Texas Low Income Housing Information
Service and Texas Appleseed, and the State of Texas, by and through the Texas
Department of Rural Affairs and the Texas Department of Housing and Community
Affairs, as approved by HUD in its letter dated May 26, 2010, to the Office of the
Attorney General of Texas.
1.04 DEFINITIONS
"Act" means Title I of the Housing and Community Development Act of 1974, as
amended (42 U.S.C. Sec. 5301 et seq.); and Public Law 110-329.
"Administrative and Audit Regulations" means the regulations included in Title 24, CFR,
Part 85. Chapter 321 of the Government Code; Subchapter F of Chapter 2155 of the
Government Code; and the requirements of Article VII herein. With regard to any federal
GLO Contract No. 12-496-000-6694
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funding, agencies with the necessary legal authority include: the relevant federal agency,
the Comptroller General, the General Accounting Office, the Office of Inspector General,
and any of their authorized representatives. In addition, with regard to any state funding,
state agencies with the necessary legal authority include: the GLO, the GLO's contracted
examiners, the State Auditor's Office, and the Texas Attorney General's Office.
"Amendment" means a written agreement, signed by the parties hereto, which documents
alterations to the Contract other than those permitted by Work Orders, Technical
Guidance Letters, or Revisions, as herein defined.
"Application" or "Grant Application" means the information provided by Subrecipient,
which is the basis for the award of funding under this Contract.
"Benchmark" means the time periods allowed in Attachment A for the completion by
Subrecipient of various requirements under the Contract.
"Budget" means the budget for the Projects funded by the Contract, a copy of which is
included in Attachment B.
"CDBG-DR" means the U.S. Department of Housing and Urban Development's
Community Development Block Grant Disaster Recovery program.
"Construction Documents" means the engineering specifications, construction plans,
and/or architectural plans for the construction of improvements approved by the GLO
under the Contract, if any.
"Contract" means this entire document, along with any Attachments, both physical and
incorporated by reference; and any Amendments, Revisions, or Technical Guidance
Letters that may be issued by the GLO, to be incorporated by reference herein for all
purposes as they are issued, if any.
"Contract Documents" means the documents listed in SECTION 1.02.
"C.F.R." means the United States Code of Federal Regulations.
"Deliverable(s)" means the work product(s) required to be submitted to the GLO as set
forth in the Performance Statement, which is included in Attachment A.
"Equipment" means tangible personal property have a useful life of more than one (1)
year and an acquisition cost of Five Thousand Dollars ($5,000.00) or more per unit.
"Event of Default" means the occurrence of any of the events set forth in SECTION 3.03
herein.
"Federal Assurances" means Standard Form 424B (Rev. 7-97), as prescribed by OMB
Circular A-102 (non -construction programs) in Attachment E.
"Federal Certifications" means U.S. Department of Commerce Form CD -512 (Rev 12-
04), "Certifications Regarding Lobbying - Lower Tier Covered Transactions," and
Standard Form LLL (Rev. 7-97), Disclosure of Lobbying Activities, in Attachment F.
"Final Inspection Report" means the document submitted by a housing inspector to a
Subrecipient under a CDBG-DR Housing grant contract, indicating the completed
construction of one Housing Unit (as defined below).
GLO Contract No. 12-496-000-6694
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"Fiscal Year" means the period beginning September 1 and ending August 31 each year,
which is the annual accounting period for the State of Texas.
"GAAP" means "generally accepted accounting principles" as applicable.
"GASB" means accounting principals as defined by the Governmental Accounting
Standards Board, as applicable.
"General Affirmations" means the affirmations in Attachment D, to which Subrecipient
certifies by the signing of this Contract.
"GLO" means the Texas General Land Office, its officers, employees, and designees.
"Housin " refers to a project involving home repair, home reconstruction, and new home
construction; including housing for single-family and multi -family units under a CDBG-
DR program grant.
"Housing Guidelines" means a set of guidelines adopted by Subrecipient and approved
by the GLO governing the implementation of the Program under this Contract.
"Housing Unit" means one house, or one single-family unit.
"HOS" means the Housing Quality Standards adopted by HUD and found at 24 CFR Part
982, which standards shall apply to any services authorized under this Contract.
"HUB" means Historically Underutilized Business as defined by Chapter 2161 of the
Texas Government Code.
"HUD" means the United States Department of Housing and Urban Development.
"Performance Statement" means the statement of work contained in Attachment A.
"PMC" means the GLO's Project Management Company, HNTB Corp., Inc.
"Program" means the Community Development Block Grant Disaster Recovery program,
administered by HUD, in cooperation with the GLO.
"Prosect" means the work to be performed under this Contract, as described in SECTION
1.01(a) above, SCOPE OF PROJECT, and as detailed in Attachment A.
"Proiect Completion Report" means a report containing an "as built" accounting of all
projects completed under a CDBG-DR grant, and containing all information required to
completely close out a grant file.
"Project Implementation Manual" means a set of guidelines for the CDBG-DR grant
program.
"Public Information Act" means Chapter 552 of the Texas Government Code.
"Quarterly Reports" means written progress reports that must be received by the GLO, as
set forth in Attachment A.
"Revision" means written approval by the GLO to allow changes to Deliverable due
dates, movement of funds among budget categories, and other Contract adjustments that
may be approved outside the GLO's formal Amendment process.
GLO Contract No. 12-496-000-6694
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"Setup" means documentation, submitted by a Subrecipient, necessary for the GLO to
determine that housing sites meet minimum eligibility criteria, resulting in approval for
the Subrecipient to move forward with the projects.
"Subrecipient" means South East Texas Regional Planning Commission, awarded the
CDBG-DR grant that is the subject of this Contract.
"Technical Guidance Letter (or TGLI" means an instruction, clarification, or
interpretation of the requirements of the CDBG-DR, issued by the GLO to specified
recipients, applicable to specific subject matter, to which the addressed Program
participants shall be subject.
"Texas General Code Construction Requirements" means Section 2306.514 of the Texas
Government Code.
"U.S.C." means the United States Code.
1.05 INTERPRETIVE PROVISIONS
(a) The meanings of defined terms are equally applicable to the singular and plural
forms of the defined terms;
(b) The words "hereof," "herein," "hereunder," and similar words refer to this
Contract as a whole and not to any particular provision, section, attachment, work
order, or schedule of this Contract, unless otherwise specified;
(c) The term "including" is not limiting, and means "including without limitation"
and, unless otherwise expressly provided in this Contract,
(d) references to contracts (including this Contract) and other contractual instruments
shall be deemed to include all subsequent Amendments and other modifications
thereto, but only to the extent that such Amendments and other modifications are
not prohibited by the terms of this Contract, and
(e) references to any statute or regulation are to be construed as including all
statutory and regulatory provisions consolidating, amending, replacing,
supplementing, or interpreting the statute or regulation;
(d) The captions and headings of this Contract are for convenience of reference only
and shall not affect the interpretation of this Contract;
(e) All Attachments within this Contract, including those incorporated by reference,
and any Amendments, are considered part of the terms of this Contract;
(� This Contract may use several different limitations, regulations, or policies to
regulate the same or similar matters. All such limitations, regulations, and
policies are cumulative and each shall be performed in accordance with its terms;
(g) Unless otherwise expressly provided, reference to any action of the GLO or by the
GLO by way of consent, approval, or waiver shall be deemed modified by the
phrase "in the sole discretion of the GLO."
Notwithstanding the preceding sentence, any approval, consent, or waiver
required by, or requested of, the GLO shall not be unreasonably withheld or
delayed;
GLO Contract No. 12-496-000-6694
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(h) All due dates and/or deadlines referenced in this Contract that occur on a weekend
or holiday shall be considered as if occurring on the next business day;
(i) All time periods in this Contract shall commence on the day after the date on
which the applicable event occurred, report is submitted, or request is received;
and
0) Time is of the essence in this Contract.
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GLO Contract No. 12496-000-6694
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ARTICLE 2 — REIMBURSEMENT, ADVANCE PAYMENT,
BUDGET VARIANCE, AND INCOME
2.01 REIMBURSEMENT REQUESTS
Each invoice shall be supported by actual receipts, cancelled checks, and/or such other
documentation that, in the judgment of the GLO, allows for full substantiation of the
costs incurred. Requests for payment must be submitted in Word or WordPerfect format
via email.
2.02 REQUESTS FOR REIMBURSEMENT UNDER THIS CONTRACT MUST BE RECEIVED BY THE
GLO NOT LATER THAN SIXTY (60) DAYS FROM THE DATE SUBRECIPIENT INCURS THE
EXPENSE, INCLUDING INVOICES FOR EXPENSES INCURRED BY ANY SUBCONTRACTOR.
FAILURE BY SUBRECIPIENT TO COMPLY IN A TIMELY MANNER WITH THIS
REQUIREMENT MAY, AT THE GLOSS SOLE DISCRETION, RESULT IN DENIAL OF THE
REQUEST FOR REIMBURSEMENT.
2.03 ADVANCE PAYMENTS
If necessary and if allowed by law, Subrecipient's requests for an advance of funds shall
be limited to the minimum amount needed for effective accomplishment of the Project
under this Contract, and shall be timed as closely as possible to actual cash requirements.
Subrecipient shall establish procedures to minimize the time elapsing between the
transfer of funds from the GLO to Subrecipient, and shall ensure that such funds are
disbursed as soon as administratively possible.
2.04 BUDGET VARIANCE
Amendments to decrease or increase the Budget, or to add or delete an Activity may be
made only by written agreement of the parties, under the formal amendment process. In
the sole discretion of the GLO, and in conformance with federal law, other adjustments as
may be required during project performance may be approved by the GLO by way of a
Revision or Technical Guidance Letter. Such approvals must be in writing, and may be
delivered by regular mail electronic mail, or facsimile transmission.
SUBRECIPIENT SHALL SUBMIT AN ACTUAL BUDGET AND A CERTIFICATE OF
EXPENDITURES TO THE GLO NO LATER THAN SIXTY (60) DAYS AFTER THE CONTRACT
TERMINATION DATE OR AT THE CONCLUSION OF ALL CONTRACT ACTIVITIES,
WHICHEVER OCCURS FIRST. THE CERTIFICATE OF EXPENDITURES SHALL BE IN A
FORMAT PRESCRIBED BY THE GLO AND SHALL BE ACCOMPANIED BY A FINAL PROJECT
COMPLETION REPORT OF ALL ACTIVITIES PERFORMED UNDER THIS CONTRACT.
2.05 INCOME
Subrecipient shall maintain records of the receipt and accrual of all Program income in
the same manner as required for all other funds under this Contract, and Subrecipient
shall provide reports of Program income to the GLO with each form submitted by
Subrecipient in accordance with ARTICLE 4 of this Contract. All Program income must
be returned to the GLO on at least a quarterly basis and must be reported to the GLO, as
requested.
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2.06 GRANT OFFER SUBJECT TO CANCELLATION
IF SUBRECIPIENT DOES NOT RETURN THE ORIGINAL SIGNED CONTRACT TO THE GLO
WITHIN THIRTY (30) DAYS OF TRANSMITTAL OF THE CONTRACT TO SUBRECIPIENT,
GRANT FUNDING FOR THE PROJECT MAY BE SUBJECT TO CANCELLATION.
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ARTICLE 3 -- DURATION, EXTENSION, AND TERMINATION OF CONTRACT
3.01 DURATION OF CONTRACT AND EXTENSION OF TERM
This Contract shall become effective on the date signed by the last party, and shall
terminate on December 31, 2015 ("Contract Period"), or upon the completion of all
Benchmarks listed in Attachment A, and required closeout procedures, whichever occurs
first.
Upon receipt of a written request and acceptable justification from Subrecipient, the GLO
may amend this Contract to extend the Contract Period. ANY REQUEST FOR EXTENSION
MUST BE RECEIVED BY THE GLO AT LEAST SIXTY (60) DAYS BEFORE THE ORIGINAL
TERMINATION DATE OF THIS CONTRACT AND, IF APPROVED, SUCH EXTENSION SHALL BE
BY WRITTEN AMENDMENT.
3.02 EARLY TERMINATION
The GLO may terminate this Contract by giving written notice specifying a termination
date at least thirty (30) days subsequent to the date of the notice. Upon receipt of such
notice, Subrecipient shall cease work, undertake to terminate any relevant subcontracts,
and incur no further expense related to this Contract. Such early termination shall be
subject to the equitable settlement of the respective interests of the parties, accrued up to
the date of termination.
3.03 EVENTS OF DEFAULT
Each of the following events shall constitute an Event of Default under this Contract: (i)
Subrecipient's failure to comply with any term, covenant, or provision contained in this
Contract; (ii) Subrecipient makes a general assignment for the benefit of creditors or
takes any similar action for the protection or benefit of creditors; or (iii) if at any time,
Subrecipient makes any representation or warranty that is incorrect in any material
respect to the Performance Statement, any request for payment submitted to the GLO, or
any report submitted to the GLO related to the Contract.
3.04 REMEDIES; NO WAIVER
Upon the occurrence of any such Event of Default, the GLO shall be entitled to avail itself
of any equitable or legal remedy. A right or remedy conferred by this Contract upon either
party is not intended to be exclusive of any other right or remedy, and each and every right
and remedy shall be cumulative and in addition to any other right or remedy given under
this Contract, or hereafter legally existing, upon the occurrence of an Event of Default. The
failure of the GLO either to insist at any time upon the strict observance or performance of
any of the provisions of this Contract, or the GLO's failure to exercise any right or remedy
as provided in this Contract, shall not impair any such right or remedy or be construed as a
waiver or relinquishment thereof with respect to subsequent Events of Default.
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ARTICLE 4 - GRANT ADMINISTRATION
4.01 SUBMISSIONS —GENERALLY
Except for legal notices that must be sent by specific instructions pursuant to SECTION
8.11 of the Contract, NOTICES, and all other reports and documentation as required by the
Project Implementation Manual; any report, form, or request required to be submitted to
the GLO under this Contract shall be sent in the format prescribed by the GLO.
(A) HOUSING GUIDELINES
No later than the close of business sixty (60) days subsequent to the effective date of this
Contract, Subrecipient must submit Housing Guidelines to the GLO.
(B) FORMS
Subrecipient must execute the forms included in Attachment E, and certifies by
the execution of this Contract to all affirmations in Attachment D, confirming
compliance with required state and federal laws applicable to the Contract.
(i) General Affirmations are found in Attachment D, and Subrecipient
certifies by the execution of this Contract to all statements therein.
(ii) The Federal Assurances for Non -Construction Programs (Standard Form
424B), as applicable to the Project, is found at Page 1 of Attachment E,
and must be executed by Subrecipient.
(iii) Certifications Regarding Lobbying Lower Tier covered Transactions
(Form CD -512) is found at Page 3 of Attachment E, and must be
executed by Subrecipient.
(iv) If any funds granted under this Contract have been used for lobbying
purposes, Subrecipient must complete and execute Standard Form LLL,
Disclosure of Lobbying Activities, found at Page 4 of Attachment E.
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ARTICLE V - FEDERAL AND STATE FUNDING, RECAPTURE OF FUNDS, AND OVERPAYMENT
5.01 FEDERAL FUNDING
(a) Funding for this Contract is appropriated under the Consolidated Security,
Disaster Assistance, and Continuing Appropriation Act (Public Law 110-329)
enacted on September 30, 2008, to facilitate disaster recovery, restoration,
economic revitalization, and to affirmatively further fair housing in accordance
with Executive Order 12892, in areas affected by Hurricanes Dolly and Ike, which
are Presidentially -declared major disaster areas under Title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
The fulfillment of this Contract is based on those funds being made available to
the GLO as the lead administrative state agency. All expenditures under this
Contract must be made in accordance with this Contract, the rules and regulations
promulgated under the CDBG-DR Program, and any other applicable laws.
Further, Subrecipient acknowledges that all funds are subject to recapture and
repayment for non-compliance.
(b) All participants in the CDBG-DR grant program must have a data universal
numbering system (DUNS) number, as well as a Commercial And
Government Entity (CAGE) Code.
(c) The DUNS number and CAGE Code must be reported to the GLO for use in
various grant reporting documents, and may be obtained by visiting the
Central Contractor Registration web site at:
httns://www.bpn.jzov/ccr/
Assistance with this web site may be obtained by calling 866-606-8220.
5.02 STATE FUNDING
(a) This Contract shall not be construed as creating any debt on behalf of the State of
Texas and/or the GLO in violation of Article III, Section 49, of the Texas
Constitution. In compliance with Article VII, Section 6 of the Texas Constitution, it
is understood that all obligations of the GLO hereunder are subject to the availability
of state funds. If such funds are not appropriated or become unavailable, this
Contract may be terminated. In that event, the parties shall be discharged from
further obligations, subject to the equitable settlement of their respective interests,
accrued up to the date of termination.
(b) Furthermore, any claim by Subrecipient for damages under this Contract may not
exceed the amount of funds appropriated for payment, but not yet paid to
Subrecipient, under the annual budget in effect at the time of the breach. Nothing
in this provision shall be construed as a waiver of sovereign immunity.
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5.03 RECAPTURE OF FUNDS
Subrecipient shall conduct, in a satisfactory manner as determined by the GLO, the
Project as set forth in the Contract. The discretionary right of the GLO to terminate for
convenience under SECTION 2.02 notwithstanding, it is expressly understood and agreed
by Subrecipient that the GLO shall have the right to terminate the Contract and to
recapture, and be reimbursed for any payments made by the GLO (i) that exceed the
maximum allowable HUD rate; (ii) that are not allowed under applicable laws, rules, and
regulations; or (iii) that are otherwise inconsistent with this Contract, including any
unapproved expenditures.
5.04 OVERPAYMENT
Subrecipient understands and agrees that it shall be liable to the GLO for any costs
disallowed pursuant to financial and/or compliance audit(s) of funds received under this
Contract. Subrecipient further understands and agrees that reimbursement of such
disallowed costs shall be paid by Subrecipient from funds which were not provided or
otherwise made available to Subrecipient under this Contract.
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ARTICLE 6 - INTELLECTUAL PROPERTY
6.01 OWNERSHIP AND USE
(a) The parties to this Contract expressly agree that all right, title, and interest in, and to,
all reports, drafts of reports, or other material, data, drawings, computer programs and
codes associated with this Contract, and/or any copyright or other intellectual property
rights, and any material or information developed and/or required to be delivered
under this Contract shall be jointly owned by the parties with each party having the
right to use, reproduce, or publish any or all of such information and other materials
without the necessity of obtaining permission from the other party and without
expense or charge.
(b) The GLO and HUD are granted a royalty free, non-exclusive, and irrevocable license
to reproduce, publish, or otherwise use, and to authorize others to use, for U.S.
Government purposes, all reports, drafts of reports, or other material, data, drawings,
computer programs, and codes associated with this Contract, and/or any copyright or
other intellectual property rights, and any material or information developed and/or
required to be delivered under this Contract.
6.02 NONENDORSEMENT BY STATE AND THE UNITED STATES
Subrecipient shall not publicize or otherwise circulate promotional material (such as
advertisements, sales brochures, press releases, speeches, still and motion pictures,
articles, manuscripts, or other publications) that states or implies State of Texas or U.S.
Government, or government employee, endorsement of a product, service, or position
that the Subrecipient represents. No release of information relating to this Grant may state
or imply that the State of Texas or the U.S. Government approves of Subrecipient's work
products, or considers Subrecipient's work product to be superior to other products or
services.
6.03 APPROVAL OF PUBLICATION AND SPECIFIC DISCLAIMER REQUIRED
Prior to publication, Subrecipient must submit to the GLO, for HUD approval, any public
information releases concerning this Grant Award that refer to HUD or any bureau or
employee. The specific text, layout photographs, and so forth, of the proposed release must
be submitted with the request for approval. The specific acknowledgements and funding
statements that must be included in certain publications funded by the Subrecipient are set
forth in the Contract Documents.
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ARTICLE 7 - RECORDS, AUDIT, AND RETENTION
7.01 BOOKS AND RECORDS
Subrecipient shall keep and maintain under GAAP or GASB, as applicable, full, true, and
complete records necessary to fully disclose to the GLO, the Texas State Auditor's Office,
the United States Government, and/or their authorized representatives, sufficient
information to determine compliance with the terms and conditions of this Contract and all
state and federal rules, regulations, and statutes including, but not limited to, the applicable
laws and regulations provided in Attachment C.
7.02 INSPECTION AND AUDIT
(a) Subrecipient agrees that all relevant records related to this Contract and any Work
Product produced in relation to this Contract, including the records and Work Product
of its Subcontractors, shall be subject to the Administrative and Audit Regulations.
Accordingly, such records and Work Product shall be subject, at any time, to
inspection, examination, audit, and copying at any location where such records and
Work Product may be found, with or without notice from the GLO or other
government entity with necessary legal authority. Subrecipient agrees to cooperate
fully with any federal or state entity in the conduct of inspection, examination, audit,
and copying, including providing all information requested. Subrecipient will ensure
that this clause concerning federal and state entities' authority to inspect, examine,
audit, and copy records and Work Product, and the requirement to fully cooperate
with the federal and state entities, is included in any subcontract it awards.
(b) Subrecipient understands that acceptance of state funds under this Contract acts as
acceptance of the authority of the State Auditor's Office to conduct an audit or
investigation in connection with those funds. Subrecipient further agrees to cooperate
fully with the State Auditor's Office in the conduct of the audit or investigation,
including providing all records requested. Subrecipient will ensure that this clause
concerning the State Auditor's Office's authority to audit state funds and the
requirement to fully cooperate with the State Auditor's Office is included in any
subcontracts it awards. Additionally, the State Auditor's Office shall at any time
have access to and the rights to examine, audit, excerpt, and transcribe any pertinent
books, documents, working papers, and records of Subrecipient relating to the
Contract for any purpose. HUD, the Comptroller General, the General Accounting
Office, the Office of Inspector General, or any authorized representative of the U.S
Government shall also have this right of inspection. SUBRECIPIENT SHALL ENSURE
THAT ALL SUBCONTRACTS AWARDED REFLECT THE REQUIREMENTS OF THIS SECTION
7.02, AND THE REQUIREMENT TO COOPERATE.
(c) Subrecipient will be deemed to have read and have knowledge of all applicable
federal, state, and local laws, regulations, and rules including, but not limited to those
identified in Attachment C, governing audit requirements pertaining to the Project.
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7.03 SUBRECIPIENT SELF -AUDIT AND TARGETED AUDITS
(a) Subrecipient Self -Audit
Subrecipient, on approval of the GLO and/or HUD may conduct an annual
financial and compliance audit of funds received and performances rendered
under this Contract. Subrecipient may utilize funds budgeted under this Contract
to pay for that portion of the cost of such audit services properly allocable to the
activities funded by the GLO under this Contract, provided however that the GLO
shall not make payment for the cost of such audit services until the GLO has
received from Subrecipient a satisfactory audit report and invoice, as determined
by the GLO. The invoice submitted for reimbursement should clearly show the
percentage of cost relative to the total cost of the audit services. Therefore,
Subrecipient shall submit an invoice showing the total cost of the audit and the
corresponding prorated charge per funding source. If applicable, an explanation
shall be submitted with the reimbursement request, explaining why the percentage
of audit fees exceeds the prorated amount allowable.
(b) Targeted Audits
In addition, the GLO shall have the right at any time to perform, or to instruct the
performance of, an annual program and/or fiscal audit, or to conduct a special or
targeted audit of any aspect of the operation of Subrecipient, using an auditor of
the GLO's choice. Subrecipient shall maintain such financial records and other
records as may be prescribed by the GLO or by applicable federal and state laws,
rules, and regulations. Subrecipient shall retain these records for a period of five
(5) years after final payment or until they are audited by the GLO, whichever
event occurs first. These records shall be made available during the term of this
Contract and the subsequent five (5) year period for examination, transcription,
and audit.
7.04 PERIOD OF RETENTION
All records relevant to this Contract shall be retained for a period subsequent to the final
closeout of the overall State of Texas CDBG-DR grant program, in accordance with
federal regulations. The GLO will notify all Program participants of the date upon
which local records may be destroyed.
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ARTICLE 8 - MISCELLANEOUS PROVISIONS
8.01 LEGAL OBLIGATIONS
Subrecipient shall procure and maintain for the duration of this Contract any state, county,
city, or federal license, authorization, insurance, waiver, permit, qualification, or
certification required by statute, ordinance, law, or regulation to be held by Subrecipient
to provide the goods or services required by this Contract. Subrecipient will be
responsible for payment of all taxes, assessments, fees, premiums, permits, and licenses
required by law. Subrecipient agrees to be responsible for payment of any such
government obligations not paid by its subcontractors during performance of this
Contract. Subrecipient shall not commence work on the Project until it has obtained the
requisite licenses and/or permits, if applicable. COPIES OF SUCH LICENSES AND PERMITS
SHALL BE INCLUDED AS A PART OF THE MONTHLY REPORT FOR THE PERIOD DURING
WHICH THEY ARE OBTAINED.
8.02 INDEMNITY
AS GOVERNMENTAL ENTITIES AND REQUIRED UNDER THE CONSTITUTION AND LAWS OF
THE STATE OF TEXAS, EACH PARTY UNDERSTANDS THAT THEY ARE LIABLE FOR ANY
PERSONAL INJURIES, PROPERTY DAMAGE, OR DEATH RESULTING FROM THE ACTS OR
OMISSIONS OF SUCH PARTY. IN THE EVENT THAT THE GLO IS NAMED AS A PARTY
DEFENDANT IN ANY LITIGATION ARISING OUT OF ALLEGATIONS OF PERSONAL INJURY,
DEATH, OR PROPERTY DAMAGE RESULTING FROM THE ACTS OR OMISSIONS OF
SUBRECIPIENT, AND FOR WHICH THE GLO IS LIABLE, IF AT ALL, ONLY THROUGH THE
VICARIOUS LIABILITY OF SUBRECIPIENT, THEN, IN SUCH EVENT, SUBRECIPIENT AGREES
THAT IT WILL PAY, ON BEHALF OF THE GLO, ALL COSTS AND EXPENSES OF LITIGATION
(INCLUDING ANY COURT COSTS, REASONABLE ATTORNEYS' FEES, FEES OF ATTORNEYS
APPROVED BY THE OFFICE OF THE TEXAS ATTORNEY GENERAL) AS WELL AS ALL
AMOUNTS PAID IN SETTLEMENT OF ANY CLAIM, ACTION, OR SUIT, INCLUDING
JUDGMENT OR VERDICT, ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT. IN
THE EVENT THAT SUBRECIPIENT IS NAMED AS A PARTY DEFENDANT IN ANY LITIGATION
SEEKING ANY DAMAGES FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH
RESULTING OUT OF THE GLO'S ACTIONS OR OMISSIONS, AND SUBRECIPIENT'S SOLE
LIABILITY, IF ANY, IS ONLY VICARIOUSLY THROUGH THE GLO, THEN, IN SUCH EVENT,
THE GLO AGREES TO PAY ANY AND ALL CLAIMS, DEMANDS, OR LOSSES, INCLUDING
EXPENSES OF LITIGATION (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT
COSTS) INCURRED BY SUBRECIPIENT, INCLUDING ANY VERDICTS OR JUDGMENTS OR
AMOUNTS PAID IN SETTLEMENT OF ANY CLAIM ARISING OUT OF, OR IN CONNECTION
WITH THIS CONTRACT. ANY ATTORNEYS RETAINED BY SUBRECIPIENT TO REPRESENT
ANY INTEREST OF THE GLO MUST BE APPROVED BY THE GLO AND BY THE OFFICE OF
THE TEXAS ATTORNEY GENERAL. ANY ATTORNEYS RETAINED BY THE GLO TO
REPRESENT THE INTEREST OF SUBRECIPIENT MUST BE APPROVED BY SUBRECIPIENT.
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8.03 INSURANCE AND BOND REQUIREMENTS
(a) Unless Subrecipient is authorized pursuant to Chapter 2259 of the Texas
Government Code, entitled "Self -Insurance by Governmental Units," to self -
insure, Subrecipient shall carry insurance for the duration of this Contract in types
and amounts necessary and appropriate for the Project.
(b) Subrecipient shall require all contractors, subcontractors, vendors, service
providers, or any other person or entity performing work described in
Attachment A to carry insurance for the duration of Project in the types and
amounts customarily carried by a person or entity providing such goods or
services, for the duration of the Contract. Any person or entity required to obtain
insurance under this Section must also be required to complete and file the
declaration pages from the insurance policies with Subrecipient whenever a
previously identified policy period expires during the term of Subrecipient's
contract with the person or entity, as proof of continuing coverage. Subrecipient's
contract with any such person or entity shall clearly state that acceptance of the
insurance policy declaration pages by the Subrecipient shall not relieve or
decrease the liability of the person or entity. Persons or entities shall be required
to update all expired policies prior to Subrecipient's acceptance of an invoice for
monthly payment from such parties.
(c) Subrecipient shall require performance and payment bonds to the extent they are
required under Chapter 2257 of the Texas Government Code.
(d) Subrecipient shall require, on all construction projects, that any person or entity
required to provide Federal Construction Assurances shall timely complete SF -
4241), entitled "Assurances — Construction Programs," and Subrecipient shall
maintain such documentation.
8.04 ASSIGNMENT AND SUBCONTRACTS
Subrecipient shall not convey any grant obligations or duties under this Contract without
the prior written consent of the GLO. Notwithstanding this provision, it is mutually
understood and agreed that Subrecipient may subcontract with others for some or all of the
services to be performed. In any approved subcontracts, Subrecipient shall legally bind such
subcontractor to perform and make such subcontractor subject to all the duties,
requirements, and obligations of Subrecipient as specified in this Contract. Nothing in this
Contract shall be construed to relieve Subrecipient of the responsibility for ensuring that the
goods delivered and/or the services rendered by Subrecipient and/or any of its
subcontractors comply with all the terms and provisions of this Contract.
8.05 PROCUREMENT
Subrecipient must follow all federal, state, and local procurement procedures and laws
applicable to this Project, and must confirm that no vendor is debarred from receiving
state or federal funds at each of the following web addresses:
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Texas Comptroller's Vendor Performance Program at:
http://ivww.ivindow.state.tx.us/procurement/r)roahvendor Performance;
and the Federal General Services Administration's Excluded Parties List System at:
https-.//NvNtihv.epls.-zov/
8.06 PURCHASES AND EQUIPMENT
Subrecipient shall not seek reimbursement for any Equipment or computer software not
included as a reimbursable item in Attachment B. Any purchase of equipment or
computer software shall be made in accordance with all applicable laws, regulations, and
rules including, but not limited to those listed in Attachment C. Title and possession of
any Equipment or computer software will remain the property of Subrecipient unless and
until transferred to the GLO, upon written request of the GLO. Subrecipient shall
furnish, with its final request for reimbursement, a list of all Equipment and computer
software purchased with grant funds under the Contract, including the name of the
manufacturer, the model number, and the serial number. The disposition of any
Equipment or computer software shall be in accordance with all applicable laws,
regulations, and rules, including but not limited to those listed in Attachment C.
8.07 COMMUNICATION WITH THIRD PARTIES
The GLO and the authorities named in ARTICLE 7, above, shall have the right to initiate
communications with any subcontractor, and may request access to any books,
documents, papers, and records of a subcontractor which are directly pertinent to this
grant. Such communications may be required to conduct audits and examinations and
gather additional information as provided in ARTICLE 7 herein.
8.08 RELATIONSHIP OF THE PARTIES
Subrecipient is associated with the GLO only for the purposes and to the extent specified
in this Contract and, with respect to Subrecipient's performance pursuant to this Contract,
Subrecipient shall have the sole right to supervise, manage, operate, control, and direct
performance of the details incident to its duties under this Contract. Nothing contained in
this Contract shall be deemed or construed to create a partnership or joint venture, to
create relationships of an employer-employee or principal -agent, or to otherwise create
for the GLO any liability whatsoever with respect to the indebtedness, liabilities, and
obligations of Subrecipient or any other party.
8.09 COMPLIANCE WITH OTHER LAWS
In the performance of this Contract, Subrecipient shall comply with all applicable federal,
state, and local laws, ordinances, and regulations, including, but not limited to, those
listed in Attachments C, D, E, and F. Subrecipient shall make itself familiar with and at
all times shall observe and comply with all federal, state, and local laws, ordinances, and
regulations that in any manner affect performance under this Contract. Subrecipient will
be deemed to have knowledge of these laws and regulations and be deemed to
understand them.
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In addition, the GLO and Subrecipient mutually certify to that each party is in
compliance with Notice of Allocations and Common Application and Reporting Waivers
Granted to and Alternative Requirements for Community Development Block Grant
(CDBG) Disaster Recovery Subrecipients Under 2008 Supplemental CDBG
Appropriations 74 Fed. Reg. 7,244-7,255 (2009).
8.10 CITIZEN PARTICIPATION
(a) Subrecipient must have written procedures to respond to written complaints
within fifteen (15) business days of receipt of such complaint. Citizens must be
made aware of the location and the days and hours the location is open for
business so they may obtain a copy of these written procedures.
(b) When requested, Subrecipient shall provide technical assistance to a
representative of a group of persons of low- and moderate -income in developing
proposals for the use of CDBG-DR funds. The level and type of assistance shall
be determined by the Subrecipient based upon the specific needs of the
community's residents.
(c) Subrecipient shall maintain a citizen participation file which includes a copy of
the Plan Requirements described in the Round 2 General Housing Activities
Application; Subrecipient's complaint procedures; any technical assistance
provided by Subrecipient; and public notices, minutes, and attendance lists for
public hearings, if any.
8.11 NOTICES
Any notices required under this Contract shall be deemed delivered when deposited either in
the United States mail, postage paid, certified, return receipt requested; or with a common
carrier, overnight, signature required, to the appropriate address below:
GLO
Texas General Land Office
1700 N. Congress Avenue, Mail Code 158
Austin, TX 78701
Attention: Legal Services Division
With a copy to:
Texas General Land Office
1700 N. Congress Avenue, 7fi Floor
Austin, TX 78701
Attention: CDBG-DR
Subreciyient
South East Texas Regional Planning Commission
2210 Eastex Freeway
Beaumont, TX 77703
Attention: Shaun P. Davis, Executive Director
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Notice given in any other manner shall be deemed effective only if and when received by
the parry to be notified. Either party may change its address for notice by written notice to
the other party as herein provided.
8.12 GOVERNING LAW AND VENUE
This Contract and the rights and obligations of the parties hereto shall be governed by,
and construed according to, the laws of the State of Texas, exclusive of conflicts of law
provisions. Venue of any suit brought under this Contract shall be in a court of
competent jurisdiction in Travis County, Texas. Subrecipient irrevocably waives any
objection, including any objection to personal jurisdiction or the laying of venue or based
on the grounds of forum non conveniens, which it may now or hereafter have to the
bringing of any action or proceeding in such jurisdiction with respect to this Contract or
any document related hereto. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A
WAIVER OF SOVEREIGN IMMUNITY BY THE GLO.
8.13 SEVERABILITY
If any provision contained in this Contract is held to be unenforceable by a court of law
or equity, this Contract shall be construed as if such provision did not exist, and the non -
enforceability of such provision shall not be held to render any other provision or
provisions of this Contract unenforceable.
8.14 DISPUTE RESOLUTION
If a Contract dispute arises that cannot be resolved to the satisfaction of the Parties, either
Party may notify the other Party in writing of the dispute. If the Parties are unable to
satisfactorily resolve the dispute within fourteen (14) days of the written notification, the
Parties must use the dispute resolution process provided for in Chapter 2260 of the Texas
Government Code to attempt to resolve the dispute. This provision shall not apply to any
matter with respect to which either Party may make a decision within its respective sole
discretion.
8.15 PUBLIC INFORMATION
Pursuant to the Public Information Act, records received from Subrecipient may be open
to public inspection and copying. The GLO will have the duty to disclose such records,
unless a particular record is made confidential by law or exempted from the Public
Information Act. Subrecipient may clearly label any individual records as a "trade
secret," provided that Subrecipient, to the extent permitted by law, agrees to indemnify
and defend the GLO for honoring such designation. The failure to so label any record
shall constitute a complete waiver of any and all claims for damages caused by release of
the records. If a request for a labeled record is received by the GLO, the GLO will notify
Subrecipient of the request in accordance with the Public Information Act.
Subrecipient shall release, to any requestor, the following information:
The amount of CDBG-DR funds expected to be made available;
The range of activities that may be undertaken with CDBG-DR funds;
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The estimated amount of CDBG-DR funds proposed to be used for activities that
will meet the national objective of benefit to low- and moderate -income persons;
and.
The proposed CDBG-DR activities likely to result in displacement and the
Subrecipient's anti -displacement and relocation plan.
8.16 AMENDMENTS TO THE CONTRACT
Amendments to decrease or increase the Budget, or to add or delete a Subrecipient
Activity, or to increase the term of the Contract may be made only by written agreement
of the parties, under the formal amendment process. In the sole discretion of the GLO,
and in conformance with federal law, other adjustments as may be required during project
performance may be approved by the GLO by way of a Revision or Technical Guidance
Letter. Such approvals must be in writing, and may be delivered by regular mail,
electronic mail or facsimile transmission.
Pursuant to SECTION 2.04 hereof, a final Project Completion Report of all activities
performed under this Contract shall be submitted and shall include all such informal
revisions approved over the life of the Project.
8.17 ENTIRE CONTRACT AND MODIFICATIONS
This Contract, its integrated Attachment(s), Technical Guidance Letter, or Revision issued
in conjunction with this Contract, if any, constitute the entire agreement of the parties and
are intended as a complete and exclusive statement of the promises, representations,
negotiations, discussions, and other agreements that may have been made in connection with
the subject matter hereof. Any additional or conflicting terms in such Attachment(s),
Technical Guidance Letter, or Revision shall be harmonized with this Contract to the extent
possible. Unless such integrated Attachment, Technical Guidance Letter, or Revision
specifically displays a mutual intent to amend a particular part of this Contract, general
conflicts in language shall be construed consistently with the terms of this Contract.
8.18 PROPER AUTHORITY
Each Party hereto represents and warrants that the person executing this Contract on its
behalf has full power and authority to legally bind its respective entity. Subrecipient
acknowledges that this Contract is effective for the period of time specified in the Contract.
Any work performed by Subrecipient after the Contract terminates is performed at the sole
risk of Subrecipient.
8.19 COUNTERPARTS
This Contract may be executed in any number of counterparts, each of which shall be an
original, and all such counterparts shall together constitute but one and the same Contract.
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8.20 SURVIVAL
The provisions of ARTICLES 5, 6, AND 7; AND SECTIONS 1.01, 1.03, 2.05, 3.02, 3.04, 8.02,
8.03, 8.07, 8.08, 8.09, 8.10, 8.11, 8.13, 8.14, AND 8.15 of this Contract, and any other
continuing obligations of Subrecipient shall survive the termination or expiration of this
Contract.
SIGNATURE PAGE FOLLOWS
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SIGNATURE PAGE
FOR GLO CONTRACT No. 12-496-000-6694
SUBRECIPIENT HOUSING GRANT AGREEMENT—ROUND 2
GENERAL LAND OFFICE
Z� )Z'
Larry LZLaine, Chief Clerk/
Deputy Land Commissioner )
Date of execAon:_L 2 r' Z --
i - D
AGC
ATTACHED TO THIS CONTRACT:
SOUTH EAST TEXAS REGIONAL
PLAN INC COMMISSION
Title: ���ru1✓r 11J�rcfo�
Date of execution:_( - / — ' 2
ATTACHMENT A: Performance Statement and Benchmarks — Non -Rental Housing
Projects
ATTACHMENT B: Project Budgets — Non -Rental Housing Projects
ATTACHMENT C: Nonexclusive list of Applicable Laws, Rules, and Regulations
ATTACHMENT D: General Affirmations
ATTACHMENT E: Federal Assurances — Non -Construction Programs SF -424B (Rev.
7-97) and Certifications Regarding Lobbying Lower Tier Covered
Transactions (Form CD -512, Rev. 12-04)
ATTACHMENT F: Special Conditions
ATTACHMENTS FOLLOW
Attachment A
GLO Contract No. 12-496-000-6694
Page] of 3
SOUTHEAST TEXAS REGIONAL PLANNING COMMISSION
NON -RENTAL HOUSING PERFORMANCE STATEMENT
Subrecipient shall carry out the following housing activities in the Southeast Texas Regional
Planning Commission area in strict accordance with the terms of the Sub -recipient's approved
Housing Guidelines, Contract and all Attachments, whether attached physically or incorporated
by reference.
Proiect Description
The Subrecipient will provide homeowner repair, reconstruction, homebuyer assistance and new
construction activities for one thousand forty-eight (1,048) households at a not -to -exceed total
amount of one hundred twenty six million, eight hundred sixty two thousand, three hundred
ninety dollars and no cents ($126,862,390.00), of which one hundred percent (100%) are of low
to moderate income. Project Delivery and Administration costs will not exceed twelve percent
(12%) of the total grant allocation for both Non -Rental and Rental Activities.
Housing Assistance Program (HAP-LMI)
The Subrecipient will provide homeowner rehabilitation and reconstruction assistance activities
for seven hundred (700) households, including Homeowner Opportunity Program (HOP)
assistance as applicable, with a not -to -exceed budget of ninety-seven million, eight hundred
thirty-six thousand, three hundred fifty-five dollars and no cents ($97,836,355.00). The housing
program will utilize a portion of the grant funds for demolition purposes only for one thousand
one hundred eighty-four (1,184) households in slum and blighted areas totaling a not -to -exceed
amount of five million nine hundred seventeen thousand seven hundred seventy dollars and no
cents ($5,917,770.00). All of the households served through this program must be low and
moderate income families.
Sub -recipient must ensure that, upon completion, the rehabilitated portion of each property
complies with local building codes, and that the entire structure complies with local health and
safety codes and standards, and all applicable federal, state, and local housing quality standards
(HQS).
All reconstructed and newly constructed housing units must comply with the universal design
features in new construction, as established by §2306.514, Texas Government Code; Energy
Standards verified by a U.S. Department of Energy Building Energy Codes Program
RESCHECK Certification, and the International Residential Codes, as required by Subchapter G,
Chapter 214, Local Government Code. All replacement housing, including manufactured
1 The GLO has a separate contract with the SETRPC for their Rental Program. Both contracts represent a
total grant allocation of ($180,104,113).
2 Includes State contracted grant administrator activity costs.
Attachment A
GLO Contract No. 12-496-000-6694
Page 2 of 3
housing units or modular homes, must comply with Housing and Urban Development (HUD)
construction standards, and state, local or regional building codes, as applicable.
Subrecipient shall conduct inspections on all Housing Units as follows: (1) foundation, including
elevation certification when building in a floodplain; (2) rough -in (mechanical, plumbing, and
electrical); (3) structural; (4) insulation; and (5) a final inspection; to meet the International
Residential Code 2009, or the Local, County, State, or Federal Code whichever is most stringent.
If the Housing Unit is located in an unincorporated or rural area, Subrecipient shall hire a
certified 2009 IRC inspector to conduct the required inspections, and shall maintain all
inspection documentation in the activity file.
Homebuyer Assistance Program (HBA -LMC)
Subrecipient will provide assistance for three hundred forty-eight (348) households with funding
that may include relocation assistance, down payment, reasonable closing costs, principal write-
down assistance, subsidization of interest rates and private mortgage insurance to facilitate the
purchase of a new or existing home, including Homeowner Opportunity Program (HOP)
assistance as applicable. The Sub -recipient has allocated a not -to -exceed budget of seven million
one hundred twenty-five thousand six hundred forty-four dollars and no cents ($7,125,644.00)
for these activities.
Subrecipient shall conduct inspections on all Housing Units as follows: (1) foundation, including
elevation certification when building in a floodplain; (2) rough -in (mechanical, plumbing, and
electrical); (3) structural; (4) insulation; and (5) a final inspection; to meet the International
Residential Code 2009, or the Local, County, State, or Federal Code whichever is most stringent.
If the Housing Unit is located in an unincorporated or rural area, Subrecipient shall hire a
certified 2009 IRC inspector to conduct the required inspections, and shall maintain all
inspection documentation in the activity file.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Attachment A
GLO Contract No. 12-496-000-6694
Page 3 of 3
SOUTHEAST TEXAS REGIONAL PLANNING COMMISSION
NON -RENTAL BENCHMARKS
Two (2) Months from the Contract effective date:
• The Subrecipient is required to submit Housing Guidelines for approval by the GLO
within sixty (60) days of the effective date of the Contract.
Twelve (12) Months from the Contract effective date:
• One hundred percent (100%) of applicants have been identified;
• A total of fifty percent (50%) of setups for eligible households have been approved by
the GLO;
• Ten percent (10%) of project funds have been drawn down by the Subrecipient.
Eighteen (18) Months from the Contract effective date:
• A total of one hundred percent (100%) of setups have been approved in the Housing
Contract System for eligible applicants;
• Fifty percent (50%) of the homes must be under construction;
• Twenty-five percent (25%) of the project funds drawn down by the Subrecipient.
Twenty -Two (22) months from the Contract effective date
• A total of one hundred percent (100%) of the construction of all homes must be
complete;
• Seventy-five percent (75%) of the Project funds drawn down in the Housing Contract
System by the Subrecipient.
Twenty -Four (24) months from the Contract effective date
• One hundred percent (100%) of projects closed out and approved by the GLO.
Attachment B
GLO Contract No. 12-496-000-6694
Page 1 of I
SOUTHEAST TEXAS REGIONAL PLANNING COMMISSION
NON -RENTAL BUDGET
ACTIVITY CODE CATEGORIES ACTIVITY FUNDS
HAP-LMI Homeowner Rehabilitation, Reconstruction, New $ 91,159,830.00
Construction
HBA-LMI
Homebuyer Assistance Program
$
7,125,644.00
DEMO ONLY
Demolition of Structures
$
5,917,770.00
PPD/GA/CON
Project Delivery — Contracted Grant Administrator
$
5,153,103.003
ADMIN/GA/CON
Administration — Contracted Grant Administrator
$
849,895.003
ACT/GA/CON
Activity Costs (HAP) — Contracted Grant
$
6,676,525.003
Administrator
PPD
Project Delivery — Subrecipient Retainage
$
8,079,623.00
206 -GA
Administration — Subrecipient Retainage
$
1,900,000.00
TOTAL
$
126,862,390.00
3 The GLO will retain all funds for Contracted Grant Administrator categories and will process
and pay invoices directly to the service provider.
Attachment C
Nonexclusive List of Laws, Rules,
and Regulations
Page I of 5
NONEXCLUSIVE LIST OF APPLICABLE LAWS, RULES, AND REGULATIONS
If applicable to the Project, Grantee must be in compliance with the following laws,
rules, and regulations; and any other state, federal, or local laws, rules, and regulations as
may become applicable throughout the term of the Contract, and Grantee acknowledges
that this list may not include all such applicable laws, rules, and regulations.
Grantee and is deemed to have read and understands the requirements of each of
the following, if applicable to the Project under this Contract:
GENERALLY
The Act and Regulations specified in SECTION 1.03 of this Contract;
Consolidated Security, Disaster Assistance, and Continuing Appropriation Act (Public
Law 110-329);
Cash Management Improvement Act regulations (31 C.F.R. Part 205);
Community Development Block Grants (24 C.F.R. Part 570);
Disaster Recovery Implementation Manual;
Plan for Disaster Recovery;
Guidance Documents: 2008 Supplemental Disaster Recovery Fund: Hurricanes Dolly
and Ike; and Non -Housing Activities Application Guide, issued by the Texas Department
of Housing and Community Affairs
CIVIL RIGHTS
Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.); 24 C.F.R. Part 1,
"Nondiscrimination in Federally Assisted Programs of the Department of Housing and
Urban Development - Effectuation of Title VI of the Civil Rights Act of 1964;"
Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment
Opportunity Act of 1972 (42 U.S.C. § 2000e et seq.);
Title VIII of the Civil Rights Act of 1968, "The Fair Housing Act of 1968" (42 U.S.C.
3601, et seq.), as amended;
Executive Order 11063, as amended by Executive Order 12259, and 24 C. F.R. Part 107,
"Nondiscrimination and Equal Opportunity in Housing under Executive Order 11063."
The failure or refusal of Grantee to comply with the requirements of Executive Order
11063 or 24 C.F.R. Part 107 shall be a proper basis for the imposition of sanctions
specified in 24 C.F.R. 107.60;
The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.)
Attachment C
Nonexclusive List of Laws, Rules,
and Regulations
Page 2 of 5
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794.) and "Nondiscrimination
Based on Handicap in Federally -Assisted Programs and Activities of the Department of
Housing and Urban Development", 24 C.F.R. Part 8. By signing this Contract, Grantee
understands and agrees that the activities funded shall be performed in accordance with
24 C.F.R. Part 8; and the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.),
including the use of a telecommunications device for deaf persons (TDDs) or equally
effective communication system.
LABOR STANDARDS
The Davis -Bacon Act, as amended (40 U.S.C. 276a - 276a-5): 29 C.F.R. Part 5;
The Copeland "Anti -Kickback" Act (18 U.S.C. 874): 41 C.F.R. Part 3;
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. §
327A and 330);
Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction (Also Labor Standards Provisions Applicable to Non -construction
Contracts Subject to the Contract Work Hours and Safety Standards Act) (29 C.F.R. Part
5);
Federal Executive Order 11246, as amended;
EMPLOYMENT OPPORTUNITIES
Section 3 of the Housing and Urban Development Act of 1968 (12 U,S.C.1701u): 24
C.F.R. §§ 135.3(a)(2) and (a)(3);
The Vietnam Era Veterans' Readjustment Assistance Act of 1974 (38 U.S.C. § 4212);
Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681-1688);
GRANT AND AUDIT STANDARDS
Single Audit Act Amendments of 1996, 31 U.S.C. § 7501;
Uniform Administrative Requirements for Grants and Agreements with Institutions of
Higher Education, Hospitals, and Other Non-profit Organizations (24 C.F.R. Part 84);
Administrative Requirements for Grants and Cooperative Agreements to State, Local and
Federally Recognized Indian Tribal Governments (24 C.F.R. Part 85);
OMB Circular A-87 (Cost Principles for State, Local, and Indian Tribal Governments);
OMB Circular A-133 — Revised as of June 27, 2007 (Audits of States, Local
Governments, and Non -Profit Organizations);
Attachment C
Nonexclusive List of Lows, Rules,
and Regulations
Page 3 of 5
Uniform Grant and Contract Management Act (Texas Government Code Chapter 783)
and the Uniform Grant Management Standards issued by Governor's Office of Budget
and Planning;
Title 1 Texas Administrative Code § 5.167(c);
LEAD-BASED PAINT
Section 302 of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4831(b));
HISTORIC PROPERTIES
The National Historic Preservation Act of 1966 as amended (16 U.S.C. 470 et seq.),
particularly sections 106 and 110 (16 U.S.C. 470 and 470h-2), except as provided in
§58.17 for Section 17 projects;
Executive Order 11593, Protection and Enhancement of the Cultural Environment, May
13, 1971 (36 FR 8921), 3 C.F.R. 1971-1975 Comp., p. 559, particularly section 2(c);
Federal historic preservation regulations as follows: 36 C.F.R. part 800 with respect to
HUD programs;
The Reservoir Salvage Act of 1960 as amended by the Archeological and Historic
Preservation Act of 1974 (16 U.S.C. 469 et seq.), particularly section 3 (16 U.S.C. 469a-
1);
ENVIRONMENTAL LAW AND AUTHORITIES
Environmental Review Procedures for Recipients assuming HUD Environmental
Responsibilities (24 C.F.R. Part 58, as amended);
National Environmental Policy Act of 1969, as amended (42 U.S.C. §§ 4321-4347);
Council for Environmental Quality Regulations for Implementing NEPA (40 C.F.R. Parts
1500-1508).
FLOODPLAIN MANAGEMENT AND WETLAND PROTECTION
Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR 26951), 3 CFR,
1977 Comp., p. 117, as interpreted in HUD regulations at 24 C.F.R. part 55, particularly
Section 2(a) of the Order (For an explanation of the relationship between the decision-
making process in 24 C.F.R. part 55 and this part, see § 55.10.);
Executive Order 11990, Protection of Wetlands, May 24,1977 (42 FR 26961), 3 C.F.R.,
1977 Comp., p. 121 particularly Sections 2 and 5;
Attachment C
Nonexclusive List of Laws, Rules,
and Regulations
Page d of 5
COASTAL ZONE MANAGEMENT
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), as amended, particularly
sections 307(c) and (d) (16 U.S.C. 1456(c) and (d));
SOLE SOURCE AQUIFERS
The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300(f) et seq., and 21 U.S.C. 349)
as amended; particularly section 1424(e)(42 U.S.C. 300h -3(e);
Sole Source Aquifers (Environmental Protection Agency -40 C.F.R. part 149.);
ENDANGERED SPECIES
The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) as amended, particularly section 7
(16 U.S.C. 1536);
WILD AND SCENIC RIVERS
The Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) as amended,
particularly sections 7(b) and (c) (16 U.S.C. 1278(b) and (c);
AIR QUALITY
The Clean Air Act (42 U.S.C. 7401 et seq. ) as amended, particularly sections 176(c) and
(d) (42 U.S.C. 7506(c) and (d);
Determining Conformity of Federal Actions to State or Federal Implementation Plans
(Environmental Protection Agency -40 C.F.R. parts 6, 51, and 93);
FARMLAND PROTECTION
Farmland Protection Policy Act of 1981 (7 U.S.C. 4201 et seq.) particularly sections
1540(b) and 1541 (7 U.S.C. 4201(b) and 4202);
Farmland Protection Policy (Department of Agriculture -7 C.F.R. part 658);
HUD ENVIRONMENTAL STANDARDS
Applicable criteria and standards specified in HUD environmental regulations (24 C.F.R.
part 51)(other than the runway clear zone and clear zone notification requirement in 24
C.F.R. 51.303(a)(3); and
HUD Notice 79-33, Policy Guidance to Address the Problems Posed by Toxic Chemicals
and Radioactive Materials, September 10, 1979).
Attachment C
Nonexclusive List of Laws, Rules,
and Regulations
Page 5 of 5
ENVIRONMENTAL JUSTICE
Executive Order 12898 of February 11, 1994 --- Federal Actions to Address
Environmental Justice in Minority Populations and Low -Income Populations, (59 FR
7629), 3 CFR, 1994 Comp. p. 859.
OTHER REQUIREMENTS
Environmental Review Procedures for Entities Assuming HUD Environmental
Responsibilities (24 C.F.R. Part 58);
ACQUISITION / RELOCATION
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C. 4601 et seq.), 24 C.F.R. Part 42, and 24 C.F.R. Section 570.606.
FAITH -BASED ACTIVITIES
Executive Order 13279 of December 12, 2002 - Equal Protection of the Laws for Faith -
Based and Community Organizations, (67 FR 77141).
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Attachment D
General Affirmations
Page 1 of 2
GENERAL AFFIRMATIONS
Grantee agrees without exception to the following affirmations:
The Grantee has not given, offered to give, nor intends to give at anytime
hereafter any economic opportunity, future employment, gift, loan, gratuity,
special discount, trip, favor, or service to a public servant in connection with this
Contract.
Pursuant to Title 10, Section 2155.004 of the Texas Government Code, the
Grantee has not received compensation from the GLO for preparing any part of
this Contract.
3. Under Section 231.006, Family Code, the vendor or applicant certifies that the
individual or business entity named in this contract, bid, or application is not
ineligible to receive the specified grant, loan, or payment and acknowledges that
this contract may be terminated and payment may be withheld if this certification
is inaccurate. Any Grantee subject to this section must include names and Social
Security numbers of each person with at least twenty-five percent (25%)
ownership in the business entity named in this Contract. This information must
be provided prior to execution of any offer.
4. Grantee certifies that the individual or business entity named in this Contract: i)
has not been subjected to suspension, debarment, or similar ineligibility to receive
the specified contract as determined by any federal, state, or local governmental
entity; ii) is in compliance with the State of Texas statutes and rules relating to
procurement; and iii) is not listed on the federal government's terrorism watch list
as described in executive order 13224. Entities ineligible for federal procurement
are listed at htto://www.e2is.gov. Grantee acknowledges that this contract may be
terminated and payment withheld if this certification is inaccurate.
5. Grantee agrees that any payments due under this Contract will be applied towards
any debt, including, but not limited to, delinquent taxes and child support that is
owed to the State of Texas.
5. Grantee certifies that they are in compliance with Texas Government Code, Title
6, Subtitle B, Section 669.003, relating to contracting with the executive head of a
state agency. If this section applies, Grantee will complete the following
information in order for the bid to be evaluated:
Name of Former Executive:
Name of State Agency:
Date of Separation from State Agency:
Position with Grantee:
Date of Employment with Grantee:
Grantee agrees to comply with Texas Government Code, Title 10, Subtitle D,
Section 2155.4441, relating to the purchase of products produced in the State of
Texas under service contracts.
Attachment D
General Affirmations
Page 2 of 2
Grantee understands that acceptance of funds under this Contract acts as
acceptance of the authority of the State Auditor's Office, or any successor agency,
to conduct an audit or investigation in connection with those funds. Grantee
further agrees to cooperate fully with the State Auditor's Office, or its successor,
in conducting the audit or investigation, including providing all records requested.
Grantee will ensure that this clause is included in any subcontract it awards.
9. Grantee certifies that if it employs any former employee of the GLO, such
employee will perform no work in connection with this Contract during the
twelve (12) month period immediately following the employee's last date of
employment at the GLO.
10. The Grantee shall not discriminate against any employee or applicant for
employment because of race, disability, color, religion, sex, age, or national
origin. The Grantee shall take affirmative action to ensure that applicants are
employed and that employees are treated without regard to their race, color, sex,
religion, age, disability, or national origin. Such action shall include, but is not be
limited to, the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The
Grantee agrees to post notices, which set forth the provisions of this non-
discrimination article, in conspicuous places available to employees or applicants
for employment. The Grantee shall include the above provisions in all
subcontracts pertaining to the work.
11. Grantee understands that the GLO does not tolerate any type of fraud. The
agency's policy is to promote consistent, legal, and ethical organizational
behavior by assigning responsibilities and providing guidelines to enforce
controls. Any violations of law, agency policies, or standards of ethical conduct
will be investigated, and appropriate actions will be taken. Grantees are expected
to report any possible fraudulent or dishonest acts, waste, or abuse affecting any
transaction with the GLO to the GLO's Internal Audit Director at 512.463.5338 or
trace .hy all@elo.state.tx.us
12. Grantee must take steps to avoid or mitigate occurrences of fraud, abuse, and
mismanagement, especially with respect to the financial management of the
Contract and pronouncements made under this Contract, whether so directed by
the GLO or at Grantee's initiative. Upon discovery of any alleged or suspected
fraud, abuse of power, kickbacks, the embezzlement or loss of funds under this
Contract, or the theft of any assets provided for under this Contract, the Grantee
immediately shall notify the GLO and appropriate law enforcement authorities
and cooperate in any investigation and enforcement action that follows.
NOTE: Information, documentation, and other material in connection with this
Contract may be subject to public disclosure pursuant to the "Public
Information Act," Chapter 552 of the Texas Government Code.
Attachment 8
Federal Assurances
Page 1 of 5
OMB Approval No. 0348.0040
ASSURANCES - NON -CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewi
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection
information. Send comments regarding.lhe burden estimate or any other aspect of this collection of information, including suggestions
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348.0040), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY,
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such
Is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance
and the institutional, managerial and financial capability
(including funds sufficient to pay the non -Federal share
of project cost) to ensure proper planning, management
and completion of the project described in this
application.
2. Will give the awarding agency, the Comptroller General
of the United States and, if appropriate, the State,
through any authorized representative, access to and
the right to examine all records, books, papers, or
documents related to the award; and will establish a
proper accounting system in accordance with generally
accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding
agency.
5. Will comply with the Intergovernmental Personnel Act of
1970 (42 U.S.C. §§47284763) relating to prescribed
standards for merit systems for programs funded under
one of the 19 statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to
nondiscrimination, These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681-
1683, and 1685-1686), which prohibits discrimination on
the basis of sex; (c) Section 504 of the Rehabilitation
Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of handicaps; (d)
the Age Discrimination Act of 1975, as amended (42
U.S.C. §§6101-6107), which prohibits discrimination
on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug
abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91.616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-
3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. §§3601 at seq.), as
amended, relating to nondiscrimination In the sale,
rental or financing of housing: (i) any other
nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance Is being
made; and, 0) the requirements of any other
nondiscrimination statute(s) which may apply to the
application.
Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91-646) which provide for
fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or
federally -assisted programs. These requirements apply
to all interests in real property acquired for project
purposes regardless of Federal participation in
purchases.
S. Will comply, as applicable, with provisions of the
Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328)
which limit the political activities of employees whose
principal employment activities are funded in whole or
in part with Federal funds.
Previous Edition Usable Standard Form 424B (Rev. 7.97)
Authorized for Local Reproduction Prescribed by OMB Circular A-102
9. Will comply, as applicable, with the provisions of the Davis -
Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. §§327-
333), regarding labor standards for federally -assisted
construction subagreements.
10. Will comply, if applicable, with flood insurance purchase
requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires
recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
11, Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and
Executive Order (EO) 11514; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management
program developed under the Coastal Zone Management
Act of 1972 (16 U.S.C. §§1451 el seq.); (f) conformity of
Federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. §§7401 et sect.); (g) protection of
underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended (P.L, 93-523);
and, (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93-
205).
Attachment E
Federal Assurances
Page 2 of 5
12. Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. §§1271 et seq.) related to protecting
components or potential components of the national
wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. §470), EO 11593
(identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of
human subjects involved in research, development, and
related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of
1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 at
seq.) pertaining to the care, handling, and treatment of
warm blooded animals held for research, teaching, or
other activities supported by this award of assistance.
16. Will comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 el seq.) which
prohibits the use of lead-based paint in construction or
rehabilitation of residence structures.
17. Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Non -Profit
Organizations."
18. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
governing this program.
�� �-"``—� d��Uh � ��clis, �XPCcI�/P �i✓r'C;��r
APPLICANT ORGANIZATION /, DATE SUBMITTED
�,�� f �'/ /mss 1 f;O.V'r.� ('�l�11"Illf �� 7ssiaEL 2_
Standard Form 4248 (Rev. 7-97) Back
THIS FORM MUST BE EXECUTED
Attachment E
Federal Certifications
Page 3 of 5
FORM 00-512
(REV 12.04) U.S. DEPARTMENT OF COMMERCE
CERTIFICATION REGARDING LOBBYING
LOWER TIER COVERED TRANSACTIONS
Applicants should review the instructions for certification included in the regulations before completing this form. Signature
on this form provides for compliance with certification requirements under 15 CFR Part 28, "New Restrictions on Lobbying."
LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and
implemented at 15 CFR Part 28, for persons entering into a grant,
cooperative agreement or contract over $100,000 or a loan or loan
guarantee over $150,000 as defined at 15 CFR Part 28, Sections
28.105 and 28,110, the applicant certifies that to the best of his or her
knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid,
by or on behalf of the undersigned, to any person for influencing or
attempting to Influence an officer or employee of any agency, 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 this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form -LLL, "Disclosure Form to Report Lobbying,"
in accordance with its instructions.
(3) The undersigned shall require that the language of this
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 subreciplents
shall certify and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S.
Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure occurring on or before
October 23, 1996, and of not less than $11,000 and not more
than $110,000 for each such failure occurring atter October 23,
1996.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge
and belief, that:
In any 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 this commitment providing for the United
States to insure or guarantee a loan, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form
to Report Lobbying," in accordance with its instructions.
Submission of this statement is a prerequisite for making or
entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required state-
ment shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such failure occurring
on or before October 23, 1996, and of not less than $11,000
and not more than $110,000 for each such failure occurring
after October 23, 1996.
As the duly authorized representative of the applicant. I hereby certify that the applicant will comply with the
above applicable certification.
NAME OF APPLICANT AWARD NUMBER AND/OR PROJECT NAME
� �sf %as hfioktc &oiiq L,(W, &Jok AIIK 'a . is - oo -��9
PRINTED NAM AND TITLE OF AUTHORIZED REPRESENTATIVE
t JdW&, tr-e t tie '✓ect�i
DATE
THIS FORM MUST BE EXECUTED
Attachment E
Federal Certifications
Page 4 of 5
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 034B•0046
(See reverse for public burden disclosure.)
1. Type of Federal Action:
2. Status of Federal Action:
3. Report Type:
j a. contract
L i
�L7a. bid/offer/application
1 a. initial filing
b. grant
b. initial award
-- b, material change
c, cooperative agreement
c. post -award
For Material Change Only:
d. loan
year quarter
e. loan guarantee
date of last report
f. loan insurance
4. Name and Address of Reporting Entity:
5. If Reporting Entity in No, 4 is a Subawardee, Enter Name
❑ Primo ❑ Subawardee
and Address of Prime:
Tier ifknown:
Congressional District, ifknown: 4c
Congressional District, ifknown:
6, Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, ifapplicab/e:
8. Federal Action Number, ifknown:
9. Award Amount, ifknown:
10. a. Name and Address of Lobbying Registrant
b, Individuals Performing Services (including address if
(if individual, last name, first name, Ml):
different from No. 10a)
I
(last name, first name, Ml):
11,lnl1rrulian raqueslad through this (On, is authorized by fine 31 U.S.C. section
1352. Trus di&M$uto
Signature:
g
or loboyfno aCUVWes Is a maenal represenlatlon of face
U0011 which resanco was plated by the liar above when uus lransaraion was made
or entared into. This dlsdoswe is required pursuaM to 31 U.S.C. 1352 Trus
Print Name:
Informa0on will be available for public inspection. Any person who tails to tie the
rail -ed disclosure shat bo suuleCt to a evil penalty of not loss than $14000 and
Title:
not mora than $100,000 for each such failure.
Telephone No.: Date:
Federal Use Only:
Authorized for Local Reproduction
Standard Form LLL (Rev. 7.97)
THIS FORM SHOULD BE EXECUTED ONLY WHEN REPORTING
LOBBYING ACTIVITIES UNDERTAKEN WITH GRANT FUNDS
Attachment E
Federal Certifications
Page 5 of 5
INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the Initiation or receipt of a covered Federal
action, or a material change to a previous filing, pursuant to title 31 U.S.C, section 1352. The filing of a form is required (or each payment or agreemenito make
payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employeeof
Congress, or an employeeof a Memberof Congress in connectionwith a covered Federalaction. Complete all items that applyfor both the initial filing and material
change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to Influence the outcome of a covered Federal action,
2. Identify the status of the covered Federal action.
3. Identify the approprialeclassificallon of this report. If this is a followup report caused by a material change to the information previously reported, enter
the year and quarter In which the change occurred. Enter the dale of the last previously submitted report by this reporting entity for [his covered Federal
action.
4. Enter the full name, address, city, Slate and zip code of the reporting entity. Include Congressional District, if known, Check the appropriateclassificalion
of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee
of the prime is the 1st tier. Subawards Include but are not limited to subcontracts, subgrants and contract awards under grants,
S. If the organization riling the report in item 4 checks "Subawardee,"then enter the full name, address, city, Stale and zip code of the prime Federal
reciplent. include Congressional District, if known.
6. Enter the name of the Federalagency making the award or loan commitment. Include at least one organizalionallevel below agency name, if known. For
example, Department of Transportation, United Slates Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance
(CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Fedora[ action identified in item 1 (e.g., Request for Proposal (RFP) number;
Invitation for Bid (IFS) number; grant announcement number; the contract, grant, or loan award number; the appiicalionfproposal control number
assigned by the Federal agency). Include prefixes, e.g., "RFP -DE -90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan
commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting
entity identified in Item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and
Middle Initial (MI).
11. The certifying official shall sign and dale the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control
Number. The valid OMB control number for this information collection Is OMB No. 0348-0046. Public reporting burden for this collection of information is
estimated to average 10 minutes per response, including time for reviewing instructions, searching existing dale sources, gathering and maintaining the dela
needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to the Office of Managemenland Budget, Paperwork Reduction Project (0348-0046), Washington,
DC 20503.
Attachment F
Special Conditions
Page I of 3
SPECIAL CONDITIONS
IF APPLICABLE TO THE PROJECT, SUBRECIPIENT MUST BE IN COMPLIANCE WITH THE FOLLOWING
SPECIAL CONDITIONS AND ANY OTHER STATE, FEDERAL, OR LOCAL LAWS, RULES, AND REGULATIONS AS
MAY BE APPLICABLE, THROUGHOUT THE TERM OF THE CONTRACT, PRIOR TO THE RELEASE OF ANY
GRANT FUNDS FOR THE PROJECTS ANTICIPATED.
SUBRECIPIENT AND IS DEEMED TO HAVE READ AND TO UNDERSTAND THE REQUIREMENTS OF EACH
OF THE FOLLOWING, IF APPLICABLE TO THE PROJECT UNDER THIS CONTRACT:
A. REIMBURSEMENT, GENERALLY
As provided for in Public Law 110-329, the Contract funds may not be used for activities that are
eligible to be reimbursed by, or for which funds are made available by, (a) the Federal Emergency
Management Agency (FEMA); (b) the Army Corps of Engineers (Corps); (c) any other federal funding
source; or (d) covered by insurance, and Subrecipient shall ensure compliance with all such
requirements.
B. NATIONAL FLOOD INSURANCE PROGRAM COMPLIANCE
(1) Subrecipient must provide documentation which indicates that it has received approval from
the Texas Water Development Board (TWDB), the National Flood Insurance Program
(NFIP) State Coordinating Agency, that appropriate ordinances or orders necessary for
Subrecipient to be eligible to participate in the NFIP have been adopted.
(2) Where activities specified in Attachment A, Performance Statement, involve structures that
are located in Special Flood Hazard Areas (SFHA), flood insurance may be required, and
Subrecipient shall obtain such insurance, and shall maintain documentation evidencing
compliance with such requirements.
(3) Subrecipient acknowledges and agrees that if any property that is the subject of a Project
under this Contract located within a floodplain, that the following terms and conditions shall
apply:
a. Under the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4001-
4128), Federal financial assistance for acquisition and construction purposes
(including rehabilitation) may not be used in an area identified by the Federal
Emergency Management Act (FEMA) as having special flood hazards, unless:
The community in which the area is situated is participating in the
National Flood Insurance Program ("NFIP") (44 CFR parts 59 through
79), or less than one (1) year has passed since the FEMA notification
regarding such hazards; and
ii. The community is participating in the NFIP, or that flood insurance
protection is to be obtained as a condition of the approval of financial
assistance to the property owner.
b. Where the community is participating in the NFIP and the recipient provides
financial assistance for acquisition or construction purposes (including
rehabilitation) for property located in an area identified by FEMA as having special
v3_62oI2
Attachment F
Special Conditions
Page 2 of 3
flood hazards, Subrecipient is responsible for ensuring that flood insurance under
the NFIP is obtained and maintained.
c. Under Section 582 of the National Flood Insurance Reform Act of 1994, 42 U.S.C.
515a, HUD disaster assistance that is made available in a special flood hazard area
may not be used to make a payment (including any loan assistance payment) to a
person for repair, or replacement or restoration for flood damage to any personal,
residential, or commercial property if:
The person had previously received Federal flood disaster assistance
conditioned on obtaining and maintaining flood insurance; and
The person failed to obtain and maintain flood insurance.
d. Subrecipient understands and agrees that it has a responsibility to inform
homeowners receiving disaster assistance that triggers the flood insurance purchase
requirement of their statutory responsibility to notify any transferee of the
requirement to obtain and maintain flood insurance, and that the transferring owner
may be liable if he or she fails to do so.
C. PROJECT MAPPING/DESIGN INFORMATION
For construction projects, Subrecipient shall require and maintain copies in written and/or
digital format, of final Project record drawing(s) and engineering schematics, as constructed.
D. SEPTIC SYSTEM IMPROVEMENTS — IF APPLICABLE
(1) Subrecipient shall provide documentation that final plans, specifications, and installation of
its septic system improvements have been reviewed and approved by the City or County
Health Department through authority granted by the TCEQ.
(2) Subrecipient shall mitigate all existing septic systems in accordance with 30 Texas
Administrative Code Chapter 285, Subchapter D, §285.36(b), which states, "All tanks,
boreholes, cesspools, seepage pits, holding tanks, and pump tanks shall have the wastewater
removed by a waste transporter, holding a current registration with the executive director.
All tanks, boreholes, cesspools, seepage pits, holding tanks, and pump tanks shall be filled to
ground level with fill material (less than three inches in diameter), which is free of organic
and construction debris."
(3) Prior to the selection of program recipients for proposed On -Site Sewer Facilities (OSSF),
Subrecipient shall provide a copy of its proposed program guidelines for GLO review . All
proposed OSSF programs must meet or exceed guidelines set forth in 30 Texas
Administrative Code Chapter 285 Subchapter D.
E. HOUSING REHABILITATION ASSISTANCE PROGRAM GUIDELINES
Prior to the selection of program recipients, Subrecipient shall provide a copy of its proposed housing
rehabilitation assistance program guidelines for GLO review and approval. The guidelines must include
provisions for compliance with the Federal Fire Prevention and Control Act of 1974 (which requires
that any housing unit rehabilitated with grant funds be protected by a hard -wired or battery-operated
smoke detector) and provisions for compliance with 24 CFR 35 (HUD lead-based paint regulation).
v3_62012
Attachment F
Special Conditions
Page 3 of 3
HOUSING REHABILITATION OR RECONSTRUCTION ASSISTANCE:
(1) The housing rehabilitation or reconstruction assistance provided by Subrecipient for single
family owner -occupied unit shall be in the form of a three-year deferred payment loan (DPL),
at zero interest. Provided all terms and conditions under which the assistance was provided
continue to be fulfilled, the DPL will be forgiven at a rate of 33 percent per year, effective on
the anniversary date of completion of the Project, evidenced by the date of the Certificate of
Final Completion or Final Completion Form.
(2) The full amount of the assistance provided shall be secured by a fully executed promissory
note and Deed of Trust (DOT) filed against the property and recorded in the land records of
each applicable county. The DPL may be in a first position (no existing indebtedness) or in a
second position, subject or inferior only to an existing first mortgage.
(3) If the homeowner occupies the home for the full three-year term, the note expires and no
repayment is required; nor will any conditions be imposed relative to the disposition of the
property. If any of the terms and conditions under which the assistance was provided are
breached or if the property is sold, leased, transferred or vacated by the homeowner for any
consecutive thirty (30) day period during the three-year lien term, the repayment provisions
of the promissory note and DOT shall be enforced.
(4) If, during the three-year lien term, the homeowner vacates the unit for any consecutive thirty
(30) day period, the locality may forgive, as evidenced by city council or commissioner court
action, the remaining loan balance. Prior to forgiveness of all or any portion of the assistance
provided, the request for forgiveness must be approved by the local governing body and be
based on documented and justifiable conditions or circumstances that would result in an
unnecessary hardship to the homeowner and the determination that the national objective of
benefiting low to moderate -income persons was met.
(5) The national objective will be considered met only when the local governing body determines
that a low to moderate -income person has occupied the rehabilitated or reconstructed home
for a time sufficient to meet the national objective. Subrecipient is liable for repayment of an
amount equal to the difference in the appraised value of the home prior to reconstruction and
the sales price when the home is sold during the term of the three-year forgivable loan, if the
national objective was not achieved.
(6) If the property is sold or transferred to a person other than an eligible LMI person, the
remaining pro -rated balance of the DPL must be repaid by the Subrecipient from the sales
proceeds. Notwithstanding the preceding, Subrecipient shall be held liable for any balance
remaining over and above the sales proceeds. In all instances where a Subrecipient lien exists,
upon completion of the three-year occupancy or repayment of the assistance (in full or in
part), the Subrecipient shall prepare and record a release of lien document in the land records
of the applicable county.
(7) In instances where another occupant proposes to occupy a previously assisted unit, the
locality must document that the new applicant is income eligible and has been informed of
the terms and conditions under which the assistance is being provided. The new
homeowners) must acknowledge, in writing, that they have been informed of these terms and
conditions and that they are subject to all of the provisions for the full remaining term of the
DPL.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
v362012
Attachment C
Paue I of
ASSURANCES -CONSTRUCTION PROGRAMS
OMB Approval No. 0348.0042
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional
assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant, 1 certify that the applicant.
2.
a
Has the legal authority to apply for Federal assistance,
and the institutional, managerial and financial capability
(including funds sufficient to pay the non -Federal share
of project costs) to ensure proper planning,
management and completion of the project described in
this application.
Will give the awarding agency, the Comptroller General
of the United States and, if appropriate, the State,
through any authorized representative, access to and
the right to examine all records, books, papers, or
documents related to the assistance; and will establish
a proper accounting system in accordance with
generally accepted accounting standards or agency
directives.
Will not dispose of, modify the use of, or change the
terms of the real property title, or other interest in the
site and facilities without permission and instructions
from the awarding agency. Will record the Federal
interest in the title of real property in accordance with
awarding agency directives and will include a covenant
in the title of real property aquired in whole or in part
with Federal assistance funds to assure non-
discrimination during the useful life of the project.
4. Will comply with the requirements of the assistance
awarding agency with regard to the drafting, review and
approval of construction plans and specifications.
5. Will provide and maintain competent and adequate
engineering supervision at the construction site to
ensure that the complete work conforms with the
approved plans and specifications and will furnish
progress reports and such other information as may be
required by the assistance awarding agency or State.
6 Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding
agency.
7 Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of interest, or personal gain.
8. Will comply with the Intergovernmental Personnel Act
of 1970 (42 U.S.C. §§472B-4763) relating to prescribed
standards for merit systems for programs funded
under one of the 19 statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
9. Will comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 et seq.) which
prohibits the use of lead-based paint in construction or
rehabilitation of residence structures.
10. Will comply with all Federal statutes relating to non-
discrimination. These include but are not limited to: (a)
Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race,
color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681-
1683, and 1685-1686), which prohibits discrimination
on the basis of sex; (c) Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C.
§794), which prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975, as
amended (42 U.S.C. §§6101-6107), which prohibits
discrimination on the basis of age; (e) the Drug Abuse
Office and Treatment Act of 1972 (P.L. 92-255), as
amended, relating to nondiscrimination on the basis of
drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-
3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale,
rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance is being
made; and, (j) the requirements of any other
nondiscrimination statute(s) which may apply to the
application.
Standard Form 424D (Rev. 7-97)
Previous Edition Usable Authorized for Local Reproduction Prescribed by OMB Circular A-102
11. Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of
1970 (P.L. 91-646) which provide for fair and equitable
treatment of persons displaced or whose property is
acquired as a result of Federal and federally -assisted
programs. These requirements apply to all interests in real
property acquired for project purposes regardless of
Federal participation in purchases.
12. Will comply with the provisions of the Hatch Act (5 U.S.C.
§§1501-1508 and 7324-7328) which limit the political
activities of employees whose principal employment
activities are funded in whole or in part with Federal funds.
13. Will comply, as applicable, with the provisions of the Davis -
Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
Work. Hours and Safety Standards Act (40 U.S.C. §§327- 16.
333) regarding labor standards for federally -assisted
construction subagreements.
Attachment C
Page 2 of S
National Environmental Policy Act of 1969 (P.L. 91-
190) and Executive Order (EO) 11514; (b) notification
of violating facilities pursuant to EO 11738; (c)
protection of wetlands pursuant to EO 11990; (d)
evaluation of flood hazards in floodplains in accordance
with EO 11988; (e) assurance of project consistency
with the approved State management program
developed under the Coastal Zone Management Act of
1972 (16 U.S.C. §§1451 et seq.); (f) conformity of
Federal actions to State (Clean Air) Implementation
Plans under Section 176(c) of the Clean Air Act of
1955, as amended (42 U.S.C. §§7401 et seq.); (g)
protection of underground sources of drinking water
under the Safe Drinking Water Act of 1974, as
amended (P,L. 93-523); and, (h) protection of
endangered species under the Endangered Species Act
of 1973, as amended (P.L. 93-205).
Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. §§1271 et seq.) related to protecting
components or potential components of the national
wild and scenic rivers system.
14. Will comply with flood insurance purchase requirements of
Section 102(x) of the Flood Disaster Protection Act of 1973 17. Will assist the awarding agency in assuring compliance
(P.L. 93-234) which requires recipients in a special flood with Section 106 of the National Historic Preservation
hazard area to participate in the program and to purchase Act of 1966, as amended (16 U.S C. §470), EO 11593
flood insurance if the total cost of insurable construction (identification and protection of historic properties), and
and acquisition is $10,000 or more. the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a-1 et sec.).
15. Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of 18. Will cause to be performed the required financial and
environmental quality control measures under the compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Non -Profit
Organizations."
19. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
governing this program.
TI IIS FORM MUST BE EXFC'UTED BY AN OFFICIAI. AUfHORI/_ED TO BIND CONTRACTOR
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL ITITLE
APPLICANT ORGANIZATION I DATE SUBMITTED
SF -424D (Rev. 7.97) Back
Attachment C
I'I IIS FORNI MUST BF F"XI-CUITD 13Y AN 01-1:10A I, AUI 1(ORI7.I D TO BIND CONTRACTOR Page Oi
FORM c0.512 U s'. OEPARTMENT OF COMMERCE
CERTIFICATIONS REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY
AND VOLUNTARY EXCLUSION -LOWER TIER COVERED TRANSACTIONS
AND LOBBYING
Applicants should refer to the regulations cited below to determine the certification to which thay are required to attest
Applicants should also review the instructions for certification included in the regulations before completing this form. Signature
on this form provides for compliance with certification requirements under 15 CFR Part 26, "Governmentwide Debarment and
Suspension (Nonprocure ment)" and 15 CFR Part 28, "New Restrictions on Lobbying."
1. DEBARMENT, SUSPENSION, INELIGIBILITY AND
VOLUNTARY EXCLUSION—LOWER TIER
COVERED TRANSACTIONS
As required by executive Order 12549, Debarment and
Suspension, and implemented at 15 CFR Part 26, Section 26.510,
Participants responsibilities, for prospective participants in lower tier
covered transactions (except subcontracts for goods or services
under the S25,000 small purchase threshold unless the sublior
recipient will have a critical Influence on Or substantive control over
the award), as defined at 15 CF Part 26, Sections 26.105 and
25.110---
(1) The prospective lower tier participant cenifies, by submission of
this proposal, thatneither it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any
Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify
to any of the statements in this certification, such prospective
Participant shalt attach ar explanation to this proposal.
2. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and
implemented at 15 CFR Part 28, for persons entering into a granl,
cooperative agreement or contract over $100,000 or a loan or loan
guarantee over $150,000 as defined at 15 CFR Part 28, Sections
28.105 and 28.110, the applicant certifies that to the best of his or
her knowledge and belief, that.
III No Federal appropriated funds have been paid or will be paid,
by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a
Member of Congress it conncection with the awarding of any
Federal contract, the making of any Federal grant, the making of
any Feceral loan, [tie 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 this Federal conlract, granl,
loan, or cooperative agreement, the undersigned shalt complete and
submit Standard Form -LLL, "Disclosure Form to Report Lobbying."
in accordance with its instructions.
(3) The undersigned shall require that the language of this
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
stlali certify and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of (his cenificalion is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31, U.S
Code. Any person who fails to file the required cenificalion shall be
subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned slates, to the best of his or her knowiedge and
belief, that:
In any 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 this
commitment providing for the United Slates to insure or guarantee a
loan, the undersigned shall complete and submit Standard Form -
LLL, "Disclosure Form to Report Lobbying," In accordance with its
Instructions.
Submission of this statement is a prerequisite for making or entering
into this transaction imposed by section 1352, title 31, U.S. Code.
Any person who fails to file the required statement shall be subject to
a civil penalty of not less than $10.000 and no! more than $100,000
for each such failure.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the
above applicable certification(s),
NAME OF APPLICANT
PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
SIGNATURE
AWARD NUMBER AND/OR PROJECT NAME
CDBG-DR I10NIF.CONSI'RUCHON PROJLCfS
DATE
Attachment C
Page 4 of 5
DO NOT I:.XEC'U'I E UNLESS/UNTIL YOUR FIR\4 IS REPORTING LOBBYING ACTIVITIES
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046
l.4pe ratrarse fpr public burden disclosure.)
1. Type of Federal Action:
2. Status of Federal Action:
(3. Report Type:
a. contract
(a, bid/offer/application
I a. initial filing
—1 b. grant
LL b, initial
award
b. material change
c. cooperative agreement
c. post -award
For Material Change Only:
d. loan
year quarter
e, loan guarantee
date of last report
f. loan insurance
4. Name and Address of Reporting Entity:
5, If Reporting Entity in No. 4 is a Subawardee, Enter Name
❑ Prime ❑ Subawardee
and Address of Prime:
Tier if known:
I
Congressional District, if known:
I
Congressional District if known:
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, if applicable:
8, Federal Action Number, if known:
19, Award Amount, if known:
$
10. a. Name and Address of Lobbying Registrant
b. individuals Performing Services (including address if
(if individual, last name, first name, Ml):
different from No. 10a)
I
( last name, first name, Ml):
i
11 Wo—jWn Mu"lad WM0 mis farm Is auh&iud by too 31 U.S.C. section
1152. Ms disdoauv or lot>by.rt9 aaivoes is a rnatarlal reprssenlation of fad
Signature:
upon *Nch rerience was placed bymo ger awyenhen oris transacdw was made
or entered Into. Thi+ diisclaaw. is required pursuant b 31 U.S.C. 1352. This
print Name:
Nrannadon Wi be repro W to the Conprass semi-annually sMd wW be woilable for
Title:
PWC hspecEon. person My who fails to file 0-mrequired dlxJoaure slue W
Telephone No.: Date:
utr
aes to a dW penally W red Sass mat ! 10,000 and not more than $100,000 for
wh ujm faiure.
`-
Authorized for Local Reproduction
FederaltJse'Ogly
-
Standard form LLL (Rev. 7-97)
Attachment C
Pacye 5 of 5
INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the Initiation or receipt of a covered Federal
action, or a material change to a previous riling, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make
payment to any lobbying entity 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 employeeof a Member of Congress in connectionwith a covered Federal action. Complete all items that appty for both the Initial filing and material
change report Refer to the implementing guidance published by the Office of Management and Budget for additional Information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.
2. identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the Information previously reported, enter
the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal
action.
4, Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification
of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the Ger of the subawardee, e.g., the first subawardee
of the prime is the 1st Ger, Subawards Include but are not limited to subcontracts, subgranls and contract awards under grants.
5. If the organization filing the report in item 4 checks 'Subawardee,'then enter the full name, address, city, Slate and zip code of the prime Federal
recipient. Include Congressional District, if known,
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizabonallevei below agency name. H known. For
example, Department of Transportation, United Slates Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance
(CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal Identifying number available for the Federal action Identified in Item 1 (e.g., Request for Proposal (RFP) number;
Invitation for Bid (IFS) number,, grant announcement number, the contract, grant, or loan award number, the application/proposalcontrol number
assigned by the Federal agency). Include prefixes, e.g., 'RFP -DE -90-001.•
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the awardlloan
commitment for the prime entity Identified In item 4 or 5.
10. (a) Enter the full name, address, city, Slate and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting
entity Identified In item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and
Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, He, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of Information unless it displays a valid OMB Control
Number. The valid OMB control number for this Information collection Is OMB No. 0348-0046. Public reporting burden for this collection of Information is
estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of Information. Send comments regarding the burden estimate or any other aspect of this collection of
information, Including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Pro)ect (0348-0046), Washington,.
DC 20503.
Attachment D
General Affirmations
GENERAL AFFIRMATIONS
Contractor agrees without exception to the following affirmations:
1. Contractor has not given, offered to give, nor intends to give at any time hereafter any
economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor,
or service to a public servant in connection with this Contract.
2. Pursuant to Title 10, Section 2155.004 of the Texas Government Code, Contractor has not
received compensation from the SETRPC for preparing any part of this Contract.
3. Under Section 231.006, Family Code, the vendor or applicant certifies that the individual
or business entity named in this contract, bid, or application is not ineligible to receive the
specified grant, loan, or payment and acknowledges that this contract may be terminated
and payment may be withheld if this certification is inaccurate, Any Contractor subject to
this section must include names and Social Security numbers of each person with at least
twenty-five percent (25%) ownership in the business entity named in this Contract. This
information must be provided prior to execution of any offer.
4. Contractor certifies that the individual or business entity named in this Contract: i) has
not been subjected to suspension, debarment, or similar ineligibility to receive the
specified contract as determined by any federal, state, or local governmental entity; ii) is in
compliance with the State of Texas statutes and rules relating to procurement; and iii) is
not listed on the federal government's terrorism watch list as described in executive order
13224. Entities ineligible for federal procurement are listed at httn:/ wkvk%1.enls.Qov.
Contractor acknowledges that this contract may be terminated and payment withheld if
this certification is inaccurate.
5. Contractor agrees that any payments due under this Contract will be applied towards
any debt, including, but not limited to, delinquent taxes and child support that is owed to
the State of Texas.
6. Contractor certifies that they are in compliance with Texas Government Code, Title 6,
Subtitle B, Section 669.003, relating to contracting with the executive head of a state
agency. If this section applies, Contractor will complete the following information in order
for the bid to be evaluated:
Name of Former Executive:
Name of State Agency:
Date of Separation from State Agency:
Position with Contractor:
Date of Employment with Contractor:.
Attachment D
General Affirmations
7. Contractor agrees to comply with Texas Government Code, Title 10, Subtitle D, Section
2155.4441, relating to the purchase of products produced in the State of Texas under
service contracts.
8. Contractor understands that acceptance of funds under this Contract acts as acceptance
of the authority of the State Auditor's Office, or any successor agency, to conduct an audit
or investigation in connection with those funds. Contractor further agrees to cooperate
fully with the State Auditor's Office, or its successor, in conducting the audit or
investigation, including providing all records requested. Contractor will ensure that this
clause is included in any subcontract it awards.
9. Contractor certifies that if it employs any former employee of the SETRPC, such
employee will perform no work in connection with this Contract during the twelve (12)
month period immediately following the employee's last date of employment at the
SETRPC.
10. Contractor shall not discriminate against any employee or applicant for employment
because of race, disability, color, religion, sex, age, or national origin, Contractor shall take
affirmative action to ensure that applicants are employed and that employees are treated
without regard to their race, color, sex, religion, age, disability, or national origin. Such
action shall include, but is not being limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including apprenticeship.
Contractor agrees to post notices, which set forth the provisions of this nondiscrimination
article, in conspicuous places available to employees or applicants for employment.
Contractor shall include the above provisions in all subcontracts pertaining to the work.
11. Contractor understands that the SETRPC does not tolerate any type of fraud, The
agency's policy is to promote consistent, legal, and ethical organizational behavior by
assigning responsibilities and providing guidelines to enforce controls. Any violations of
law, agency policies, or standards of ethical conduct will be investigated, and appropriate
actions will be taken. Contractors are expected to report any possible fraudulent or
dishonest acts, waste, or abuse affecting any transaction with the GLO to the GLO's Internal
Audit Director at 512.463.5338 or tracey.hall@glo.state.tx.us
Attachment E
South East Texas Regional Planning Commission
Hurricane Ike Disaster Recovery Housing Program
Round 2
HOUSING DEMOLITION ONLY GUIDEBOOK
SPC
i
SETRPC Disustur• llec•oyer'y Housing Progrunr
Table of Contents
Part I Prouram Overview
Housing Demolition On/v Guidebook
ei�ienTuw Tv
1.1 Purpose of the Program........................................................................................ 1-1
1.2 Allocation and Housing Assistance Caps ............................................. -
1.3 Funding Levels..................................................................................................... 1-2
1.4 Type of Assistance Offered............................................................... -
L5 Appeals/ Conflict of Interest................................................................................ 1-2
1.6 Anti- Fraud and Compliance Policies.................................................................. 1-3
1.7 Files, Records and Reports ........................................... .......... 1-3
1.8 Procurement Requirements.................................................................................. 1-3
fart _' l lillihilitN KeLluirements.................... .............................. .............................. .................. 2-1
2.I Hurricane Ike Damage ....................................... ............................ ...................... 2-1
2.2 Location............................................................................................................... 2-1
2.3 Eligible Structure Type........................................................................................ 2-1
Part ; Inspections and Environmental Reviews......................................................................... -1
3.1 Overview.............................................................................................................. 3-1
3.2 Environmental Review ................................................... ...................................... 3-1
3.3 Notice to Proceed ................................................ ... 3-1
3.4 Final Inspection....................................................................................................3-1
Part 4 `1Luiic11)a1it} 1'1'occsS........................................................................................................4-2
4.1 Selection of Property............................................................................. ... 4-2
4.2 Municipality Process............................................................................................4-2
4.3 Placement of Liens............................................................................................... 4-3
SETRPC' Uisusler Recovery (lousing f'rvgrcon flousing Demolition Onh, Guidebook
Part 1 Program Overview
1.1 Purpose of the Program
INTRODUCTION
The Texas General Land Office (GLO) is the administrator of a Community Development Block Grant
(CDBG) Disaster Recovery Program (Program) funded by the U.S. Department of Housing and Urban
Development (HUD) under Public Law 110-329. The GLO is the agency responsible for the administration
of disaster funds allocated to housing activities and has contracted with the South East Texas Regional
Planning Commission (SETRPC) to receive the benefit of these funds at the local level and carry out
eligible housing activities.
These Round 2 Housing Demolition Only Guidelines do not replace or supersede the Guidelines
developed by the SETRPC for the Round 1 Program.
PROGRAM OBJECTIVES
The SETRPC Disaster Recovery Housing Program (DRHP) will provide assistance to communities affected
by Hurricane Ike that occurred on September 13, 2008, The SETRPC developed these Housing
Demolition Guidelines to serve as the basis for the Hurricane Ike Round 2 Demolition Only Program, in
meeting the HUD Slum and Blight National Objective. The purpose of this program is to address slum
and blight on a spot basis and will include the removal of vacant deteriorated or abandoned homes,
which pose a threat to the public's health and safety. This programs activity does not include
reconstruction of the home on the project site. Funds to complete Demolition associated with the
Reconstruction process are not provided from the Slum and Blight allocation.
Program Requirements
A. The activities for this program will meet the Slum and Blight National Objective.
B. The project site must be located within Hardin, Jefferson or Orange Counties.
C. The SETRPC conducted a Needs Assessment to determine the types of programs it will offer and
the Needs Assessment is the basis for Program Design. The Needs Assessment determined the
need for a slum and blight elimination activities to be offered, and the target areas for which these
activities are to take place.
D. Sites will be selected by the local municipality.
E. All sites must undergo a complete environmental review prior to any commitment of funds. No
work can start on a site until the environmental assessment is complete. For assistance activities,
it must be demonstrated that the damage or destruction to structures was the direct result of
Hurricane Ike. Hurricane damage details are noted in Part 2 of this document.
1.2 Allocation and Housing Assistance Caps
A total of $5,917,770.00 has been set aside for the Housing Demolition Only Program. This allocation
may be increased or decreased based on the demand for the Program with GLO approval.
x
SETRP(' Disaster Recover)- Housing Program Musing Demolition Only Guidebook
1.3 Funding Levels
There is a maximum cap of $10,000 per project.
1.4 Type of Assistance Offered
The assistance consists of the demolition of Hurricane Ike damaged dilapidated residential structures,
standing structure components and any building debris to address slum and blight according to HUD's
Nation Objective. The demolition and proper disposal of this associated debris is included in the project,
1.5 Appeals/ Conflict of Interest
A complaint and appeals procedure will be afforded applicants to provide a quick and efficient system
toward resolution of any and all concerns that applicants may have with the procedures followed and
services provided by DRHP. Applicants have the right to participate in the process when they believe
there is a mistake regarding their application.
An appeals process initiated by the applicant will include an informal and written grievance procedure
which may include but not be limited to informal hearings, third -party review and director approval. A
DRHP will render a decision regarding exception reviews and formal appeals. Appeals, grievances, and
exceptions will be further explained in the Appeals and Exceptions Procedures.
Fair Housing Complaints —
Persons alleging a violation of fair housing laws will be referred to SETRPC's local contact and process to
file a complaint. SETRPC will retain a log and record of all fair housing inquiries, allegations, complaints,
and referrals. In addition, SETRPC will report suspected non-compliance to the state and HUD.
Conflict of Interest —
a) The conflict of interest regulations contained in the contract between the SETRPC and GLO
prohibit local elected officials, SETRPC employees, and consultants who exercise functions
with respect to CDBG Disaster Recovery activities or who are in a position to participate in a
decision-making process or gain inside information with regard to such activities, from
receiving any benefit from the activity either for themselves or for those with whom they have
family or business ties, during their tenure or for one year thereafter.
b) For purposes of this section, "family" is defined to include parents (including mother-in-law
and father-in-law), grandparents, siblings (including sister-in-law and brother-in-law), and
children of an official covered under the CDBG conflict of interest regulations at 24 CFR Sec.
570.489(h).
c) The Department is able to consider granting an exception to the conflict of interest provision
should it be determined by GLO that the SETRPC has adequately and publicly addressed all of
the concerns generated by the conflict of interest and that an exception would serve to
further the purposes of Title I of the Housing and Community Development Act of 1974 and
the effective and efficient administration of the program. Do not enter into a conflict of
interest until a request for an exception has been granted.
3
.S'C7RPC Disaster Recovei-i, (lousing Progrcuu llousing 19enmlition OalY Guiclebook
1.6 Anti- Fraud and Compliance Policies
DRHP will investigate all allegations regarding eligibility and the disbursement of funds or any other
allegations of fraud or noncompliance. Where appropriate the program will assist Federal, State, and
local agencies.
1.7 Files, Records and Reports
The SETRPC shall maintain accurate files and records on each applicant and shall retain all pertinent
documentation for a period of three years beyond the close of the grant between HUD and the State.
Compliance will be maintained in accordance with the reporting requirements under GLO CDBG Disaster
Recovery Program. This includes all information and reports as required under the GLO contract with
the SETRPC and demographic data and other information on applicants and awardees processed by the
SETRPC as required by the Conciliation Agreement. A list of each new report required will be available
as an Appendix in this document as amended from time -to -time as necessary by requests from GLO for
additional reports.
The SETRPC is committed to a minimum of producing regular reports on Section 3 progress, and civil
rights and affirmatively furthering fair housing progress as required in the Conciliation Agreement and
program contracts,
1.8 Procurement Requirements
A. The SETRPC shall abide by the Procurement process mandated by Federal, State, and Local
Government codes as they are applicable to the program. The procurement process includes
the decision to purchase as well as the process to complete the purchase. The federal
government has established a set of procurement rules at 24 CFR Part 84 and 85 that apply to
CDBG-funded projects. These rules are in place to ensure that federal dollars are spent fairly
and encourage open competition for the best level of service and price. In addition, the State
of Texas has enacted a set of regulations that also apply to CDBG contracts through the
Uniform Grant Management Standards the Texas Government Code and the Local
Government Code. If a conflict between federal and state procurement regulations should
occur, safe harbor is typically found in the more stringent regulation.
. 4
� 1
SETRPC Disaster Recover- Housing Program housing Demolition Only Guidebook
Part 2 Eligibility Requirements
2.1 Hurricane Ike Damage
The home must have been damaged by Hurricane Ike and must have been the subject of a City Council
Resolution designating properties as slum and blight on a spot/area basis.
2.2 Location
The damaged home must be located in the SETRPC jurisdiction area as indicated in the SETRPC contract
with the GLO.
2.3 Eligible Structure Type
Residential Structures which are vacant deteriorated or have been abandoned and have been
determined by the municipality to pose a health and safety to the public.
Part 3 Inspections and Environmental Reviews
3.1 Overview
All United States Department of Housing and Urban Development (HUD) regulations regarding lead-
based paint, environmental, housing quality standards, procurement, labor standards, etc. apply to this
program. If issues are identified with an application, an application may be required to undergo
additional reviews and this may take additional time to resolve.
3.2 Environmental Review
The program will conduct a Broad Environmental Review at the programmatic level. This will include
coordination with Federal, State and local agencies where applicable. Additionally, all applications must
pass a federally -required site specific environmental review which contains a statutory checklist of
required review items. Site specific reviews will include the review of HUD defined environmental
review topics.
The environmental review is a separate and distinct review from any other review. Other previously
performed (or applicant -provided) environmental reviews will not satisfy the Program's requirements.
If an applicant fails the environmental review, they will not be eligible to participate in the Program.
3.3 Notice to Proceed
Notice to Proceed is given after GLO approves the contract set-up and issues an activity number.
3.4 Final Inspection
Once demolition has been completed, a final inspection will be performed and will document the
completion of the project with photographs.
0
S0RPC' Disaster Recorerr Housing Program /lousing Demolition Only Guidebook
Part 4 Municipality Process
4.1 Selection of Property
Each Municipality will follow its own process for approving a property for demolition. Vacant,
dilapidated, sub -standard and/or dangerous structures are reported to the Building Codes Division. If
the property is found to be in violation of City Code, property owners are notified to bring the structure
into code compliance or demolish the structure. Failure by the owner to comply by making needed
improvements to the structure or demolishing the structure results in the structure being approved for
demolition,
4.2 Municipality Process
Each Municipality will provide the SETRPC and/or its Program Administrator with the following
documents that prove valid property selection for each property it would like to submit to this program:
1. Initial Inspection Report
2, Before Photos
3. Hold Orders for Utilities
4. 101 Letter (Initial Letter to Homeowner)
S. Historical Assessment Letter
6, Title Report (if available) or Tax Roll Search
7. Public hearing Newspaper Publication and publisher's affidavit
8. Posting Notice for Public Hearing
9. Board Meeting Agenda and related documents
10. 103 Letter (Notifies owner of Board's decision)
11. Board Decision Newspaper publication and publisher's affidavit
12. 104 Letter (Notifies owner of demolition and cost)
13. Slum and Blight Approved Form
14. City Council Resolution
SETRN' Disaster Recover- /-lousing Program /lousing Denrolirion Only Guidebook
4.3 Placement of Liens
Each Municipality will be required to file a lien on each property once the demolition is complete
pursuant to Texas Local Government Code § 214.0015. The lien will be filed and recorded for a period of
three (3) years to match the affordability period of the program. After the three year affordability
period, the lien shall be removed from the property.
0
SDTRPC" Disaster Recorety Ho►ising Program Housing Demolition Onh Guidehook
End Document
2
May 13, 2014
Consider approving a resolution approving a contract with Moncla's, Inc. for the 2014 Summer
Food Service Program
RICH WITH OPPORTUNITY
[1EA,[111U111T
T- E• X• A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial Officer
May 13, 2014
REQUESTED ACTION: Council consider a resolution approving a contract with
Moncla's, Inc., in the estimated amount of $56,982.10 for
the 2014 Summer Food Service Program.
BACKGROUND
The Summer Food Service Program, which is funded by the US Department of Agriculture and
administered by the Texas Department of Agriculture (TDA), provides free, nutritious, and well-
balanced meals for any child from one (1) to eighteen (18) years of age. This is the twenty-
second year the Recreation Division has participated in the program. Last year 24,907 meals
were delivered at a cost of $2.92 per lunch for a total of $72,728.44.
The 2014 program will begin on June 9, 2014 and continue through August 15, 2014. Lunches
will be served Monday through Friday excluding the Independence Day holiday on July 4.
Summer activities and games will be provided at each site before meals are served.
This year's program will provide lunches for forty-nine (49) days at a cost of $2.90 per meal at
nine (9) locations throughout the City including, Cathedral of Faith Baptist Church, Perlstein
Park, Northridge Apartments, Points North Apartments, Magnolia Park, Alice Keith Park,
Sprott Park, Roberts Park and Central Park. A bid tabulation is attached.
FUNDING SOURCE
US Department of Agriculture.
RECOMMENDATION
Approval of the resolution.
RICA WITH OPPORTUNITY CITY OF BEAUMONT, BEAUMONT, TEXAS
WINN* PURCHASING DIVISION BID TABULATION
T- E- X- A- 8
Bid Name: 2014 Summer Food Program
Bid Number: TF0314-09
Bid Opening: Thursday, May 1, 2014, at 2:00 P.M.
Contact Person: Terry Welch, Buyer III
twelchaci.beaumont.tx.us
Phone: 409-880-3107
Moncla's Inc.
Vendor
Beaumont, TX.
City / State
Ken Moncla
Phone No.
409-840-9051
Contact:
Qty
Description
Unit Price
Total
19,649
Meal Service Program, Lunch
$2.900
$56,982.10
RESOLUTION NO.
WHEREAS, bids were received for a contract to furnish lunches for the Summer
Food Service Program funded by the U.S. Department of Agriculture, administered by the
Texas Department of Agriculture and sponsored by the City of Beaumont Recreation
Division; and,
WHEREAS, Moncla's, Inc., of Beaumont, Texas, submitted a bid for an estimated
quantity of 19,649 lunches served in the bid amount of $2.90 per lunch for an estimated
expenditure of $56,982.10; and,
WHEREAS, City Council is of the opinion that the bid submitted by Moncla's, Inc.,
of Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the bid submitted by Moncla's, Inc., of Beaumont, Texas, for the Summer
Food Service Program administered through the Recreation Division for an estimated
quantity of 19,649 lunches served in the bid amount of $2.90 per lunch for an estimated
expenditure of $56,982.10 be accepted by the City of Beaumont; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a contract with Moncla's, Inc. for the purposes described herein.
2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of May,
- Mayor Becky Ames -
May 13, 2014
Consider approving a resolution approving the award of a three-year contract to Patriot Security,
Inc., of Nederland, for Security Guard and Event Staff Services
RICH WITH OPPORTUNITY
[11C'1A.i[111C111T
T • E • x • A - S City Council Agenda Item
TO:
City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: May 13, 2014
REQUESTED ACTION: Council consider a resolution authorizing the award of a
three-year contract to Patriot Security, Inc., of Nederland,
for Security Guard and Event Staff Services.
BACKGROUND
Temporary staffing services are required by the Events Facilities Department for events held at
various locations including the Civic Center, Julie Rogers and Jefferson Theaters, and the Event
Centre. These temporary staff services include security guards, ushers, ticket takers, and
temporary staff supervisors that aid in equipment and property security as well as citizen safety
and enjoyment. Each event has a unique set of staffing requirements. Factors including location
and type of event being held, the size of the expected crowd and event promoter's specific needs
dictate the number of temporary staff positions to be filled as well as the number of hours to be
worked at each event. Security guards are also utilized at City Hall, the Health Department and
Municipal Court.
Bids were solicited from five (5) staffing and security companies. Two (2) companies responded
with bids indicating the hourly rate for typical staff positions. The quoted hourly rates were
applied to five (5) model events at various venues, as well as Security Guard positions within
City departments. The contract has an option of two (2) one (1) year extensions with annual
percentage increases of hourly rates based on the Consumer Price Index for all Urban Consumers
(CPI -U) for the Houston-Galveston-Brazoria areas. A bid tabulation of the results is attached.
FUNDING SOURCE
The cost of Security Guard and Event Staff services utilized within the Event Facilities
Department are reimbursed by event promoters. Security Guard services utilized within City
departments are funded in the General Fund.
RECOMMENDATION
Approval of resolution.
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RESOLUTION NO.
WHEREAS, bids were received for a three (3) year contract for security guard and
event staff services for the Event Facilities Department; and,
WHEREAS, Patriot Security, Inc., of Nederland, Texas, submitted a bid for an
estimated annual amount of $290,494.74 shown below:
Item
Description
Per Year
Per Event
Total
1
Concert Staff
10
$1,525.84
$ 15,258.40
2
Julie Rogers Staff
40
$1,267.00
$ 50,680.00
3
Jefferson Theater
20
$1,338.00
$ 26,760.00
4
Civic Center
40
$ 674.50
$ 26,980.00
5
Events Centre
50
$1,058.34
$ 52,917.00
Locations Below Currently
Have Daily Guard Service
Total
Estimated
Annual Hours
Cost Per
Hour
Total Annual Cost
6
City Hall
2,470
$17.68
$ 43,669.60
7
Municipal Court
1,198
$19.37
$ 23,205.26
8
Public Health
2,886
$17.68
$ 51,024.48
Total Bid
$ 290,494.7
and,
WHEREAS, City Council is of the opinion that the bid submitted by Patriot Security,
Inc., of Nederland, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Patriot Security, Inc., of Nederland, Texas, for a three (3) year
contract for security guard and event staff services for the Event Facilities Department in
the amounts shown above, for an estimated annual amount of $290,494.74, be accepted
by the City of Beaumont.
2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of May,
- Mayor Becky Ames -
WORK SESSION
Review and discuss a proposed Gaming Machine
Ordinance
ARTICLE 6.10 GAMING
Whereas, the necessity of this ordinance is to protect the public safety, health and welfare of
the citizens of the city of Beaumont; and
Whereas, the City of Beaumont recognizes the Texas OCC Code Chapter 2153 provides facilities
housing coin operated machines must be licensed by the State Comptroller of Public Accounts
and comply with state regulations; and
Whereas, section 2153.451 of the Texas OCC Code specifically authorizes a municipality to
impose an occupational tax on coin operated machines in this state; and
Whereas, the Police Department has discovered there are gaming sites within the city which
operate in violation of state law providing for the permitting and licensing of coin operated
machines in this state.
Division 1. Generally
Sec. 6.10.001 Definitions.
For the purposes of this Article, the following definitions shall apply unless the context clearly indicates
or requires a different meaning:
Applicant. The applicant is the intended operator, occupant or owner of the gaming site and/or gaming
machines.
City Manager. The City Manager of the City of Beaumont or the designated representative of the City
Manager.
Chief Building Official. The Chief Building Official for the City of Beaumont or the designated
representative of the Chief Building Official.
Church. A building, in possession of a certificate of occupancy, in which persons regularly assemble for
purposes of religious worship, intended primarily for purposes connected with such worship or for
propagating a particular form of religious belief.
Coin Operated Machine. Any kind of machine or device operated by or with a coin or other United
States currency, metal slug, token, electronic card, or check including a skill or pleasure coin operated
machine.
Fire Chief. The Chief of the City of Beaumont Fire Department or the designated representative of the
Chief of the Fire Department.
Gaming Machine. Any coin operated machine or electronic, electromechanical or mechanical
contrivance designed, made, and adopted solely for bona fide amusement purposes if the contrivance
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rewards the player exclusively with non-cash merchandise prizes, toys, or novelties, or a representation
of value redeemable for those items, that have a wholesale value available from a single play of the
game or device of not more than ten (10) times the amount charged to play the game or device once or
$5.00, whichever is less. Not included in this definition is a machine used only for entertainment
purposes, as entertainment is defined in §372.1701 of the Texas Administrative Code.
Gaming Site. Any location that displays, exhibits, or maintains for public patronage any gaming
machine.
Permit. A current, valid permit issued by the City Manager pursuant to the terms of this Article to an
operator of a gaming site.
Permit Holder. A person who has been issued a valid permit pursuant to this Article.
Police Chief. The Chief of Police of the City of Beaumont Police Department or the designated
representative of the Chief of Police.
Operator. The manager or other natural person principally in charge of the gaming site.
School. A building, in possession of a certificate of occupancy, where persons regularly assemble for the
purpose of instruction or education together with the playgrounds, stadia and other structures or
grounds used in conjunction therewith. The term is limited to:
(1) public and private schools used for primary or secondary education, in which any regular
kindergarten or grades one through 12 classes are taught; and
(2) special educational facilities in which students who have physical or learning disabilities receive
specialized education in lieu of attending regular classes in kindergarten or any of grades one
through 12.
Skill or Pleasure Coin Operated Machine. Any kind of coin operated machine that dispenses, or is used
or is capable of being used to dispense or afford, amusement, skill, or pleasure, or is operated for any
purpose, other than for dispensing only merchandise, music, or service. This includes:
(1) a marble machine, marble table machine, marble shooting machine, miniature racetrack
machine, miniature football machine, miniature golf machine, miniature bowling machine,
billiard or pool game, or machine or device that dispenses merchandise or commodities or
plays music in connection with or in addition to dispensing skill or pleasure; and
(2) does not include an amusement machine designed exclusively for a child.
Sec. 6.10.002 Declaration of findings.
The necessity of the public interest for the provisions and prohibitions hereinafter contained and
enacted is declared as a matter of legislative determination and public policy, and it is further declared
that the provisions and prohibitions contained in sections 6.10.001 through 6.10.021 are in the
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furtherance of and for the purpose of securing and promoting the public health, comfort, convenience,
safety, welfare and prosperity of the city and its inhabitants.
Division 2. Permits
Sec. 6.10.003 Permit.
(a) It shall be unlawful for any operator, occupant or owner of the gaming site to display, exhibit, or
maintain for public patronage, or otherwise keep for operation by the public, any gaming
machine without first obtaining a permit issued under the terms and conditions of this Article.
(b) It shall be unlawful for any operator, occupant or owner of the gaming site to operate any
gaming site located within the city unless the permit issued for that site is posted at or near the
principal public entrance to the gaming site in such a manner that it will be conspicuous to
patrons who enter the gaming site.
(c) In any prosecution under subsection (a) above, it shall be presumed that there was no permit at
the time of the alleged offense, unless a permit was then and there posted as provided in
subsection (b).
(d) A machine that provides the possibility, probability and/or certainty of dispensing a non-cash
prize, toy or novelty with a value of not more than ten (10) times the amount charged to play
the game or device once, or $5.00, whichever is less at the time of play, but does not allow the
player to amass or accumulate points, tokens or any other method to accumulate credits
towards larger or greater value non-cash merchandise prizes, toys or novelties is exempt from
the requirements of this Article.
Sec. 6.10.004 Signage.
(a) Notwithstanding section 28.04.003 of the Code of Ordinances or any other city ordinance, code
or regulation to the contrary, it shall be unlawful for the operator, occupant or owner of a
gaming site not to clearly identify the site with a sign as required by this Article.
(b) The sign displayed should be one provided by the City with a white background with black Arial
font lettering of 1.5 inches.
(c) The sign must clearly read "GAMING SITE" and may not include any advertisements.
Sec. 6.10.005 Machine registration requirements.
Gaming machines, as defined in this Article, shall be registered as follows:
(a) The permit holder, owner, or operator is required to maintain on its gaming site a complete
inventory, along with serial numbers or equivalent identification, as set forth in subsections (d)
and (e) below at all times. The initial application for permit shall include a certificate of the
inventory, along with serial numbers or equivalent identification, as set forth in subsections (d)
and (e) below, of the machines that the permit holder intends to put into operation when the
gaming site begins its business activities.
(b) Each renewal permit application shall contain a certificate of inspection of updated inventory,
along with serial numbers or equivalent identification, as set forth in subsections (d) and (e)
below, of the gaming machines that the permit holder intends to put into operation when the
gaming site begins its business activities under the renewal license.
(c) Before a new gaming machine is put into operation at the gaming site, the permit holder shall
notify the Chief of Police of the addition of the machine to the inventory and update its
inventory accordingly.
(d) Upon review of the inventory of machines under subsections (a), (b) and (c) above, the Chief of
Police shall enter each machine into the gaming machine registry that the City shall create. For
each machine registered, the City Manager shall cause to be issued and delivered to permit
holder for each machine within seven (7) days of the notification required under subsection (c) a
numbered metal or plastic decal. The registration decal for each machine shall be permanently
affixed thereto and in plain view at all times. Registration decals are not transferable. The failure
of any machine to display a current registration decal shall be a violation of this section and
subject to enforcement action by the City.
(e) The inventory of machines under subsections (a), (b) and (c) above shall provide the following
information: the manufacturer(s); the serial number(s); common name, type or description of
the game played on the machine. The registration decal shall contain the inventory number of
the machine.
Sec.6.10.006 Application; term.
(a) A permit issued under this Article does not vest any property rights in the applicant or permit
holder; except to display, exhibit, or maintain for public patronage the use of any gaming
machines in accordance with the terms and conditions of this Article.
(b) A gaming permit is non -transferable and non-refundable.
(c) A permit shall be issued for a twelve (12) month term beginning on the date of issuance.
(d) Any false statement made by an applicant on the application shall subject the permit to
immediate suspension pending revocation and the applicant may be prosecuted as a violation of
section 37.10 of the Texas Penal Code (tampering with governmental records), a third degree
felony.
(e) An application for permit shall be made by the intended owner or operator of the gaming site.
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(f) The application shall be submitted with a two hundred dollar ($200.00) processing fee to the
City Manager on a form provided by the City for such purpose. The application must be
completed for each location sought to be permitted. The following information is required in the
application:
(1) Name, address, and telephone number of the applicant, including the trade name by which
applicant does business and the street address of the proposed gaming site, and, if
incorporated, the name registered with the Secretary of State;
(2) Name, address, and telephone number of the operator of the gaming site to be permitted;
(3) Number of gaming machines on the gaming site and serial number of each machine;
(4) Whether a previous permit of the applicant, or, if applicable, a corporate officer of the
applicant, has been revoked within two (2) years of filing of the application; and
(5) A statement that all the facts contained in the application are true and correct.
Sec.6.10.007 Renewal.
(a) An application for renewal must be submitted thirty (30) days before the expiration date of the
existing permit to the City Manager on a form provided by the City for such purpose with a one
hundred dollar ($100.00) processing fee.
(b) Applications for existing gaming sites submitted after the expiration date of the previous permit
will be considered and processed as a new applicant.
Sec.6.10.008 Grounds for denial or revocation.
(a) The City Manager shall refuse to approve the issuance or renewal of a permit or shall revoke a
permit for one or more of the following reasons:
(1) A false statement as to a material matter made in an application for a permit;
(2) Revocation of a permit, pursuant to this Article, of the applicant or corporate officer of
the applicant within two (2) years preceding the filing of the application;
(3) The applicant or a co-owner for such permit has, within the past ten (10) years, been
convicted of a crime involving moral turpitude or gambling.
(b) The City Manager shall not issue or renew a permit under this Article and shall suspend or
revoke a permit if it is determined that the applicant or permit holder is indebted to the City for
any fee, costs, penalties, or delinquent taxes at the time of application or renewal.
(c) The City Manager shall have the authority to deny or revoke all permits issued under this
provision for any violation of this Article by giving written notice, stating the reason for denial or
revocation, and same shall be cancelled ten (10) days from the date of receipt of such notice.
5
(d) No permit shall be issued within a period of one (1) year to anyone whose permit has been
revoked, except at the discretion of the City Council.
Sec.6.10.009 Appeal from denial or revocation.
If the City Manager denies, refuses to approve the issuance of a permit or the renewal of a permit to an
applicant, or revokes a permit issued under this Article, this action is final unless the applicant or permit
holder, within ten (10) days after the receipt of written notice of the action, files a written appeal to the
City Council by delivering said notice to the City Clerk setting forth specific grounds for the appeal. The
City Council shall either hear the appeal or select a hearing officer to preside over the appeal hearing.
The City Council or hearing officer shall within fourteen (14) days of the notice of appeal grant a hearing
to consider the action. The City Council and hearing officer have the authority to sustain, reverse, or
modify the action appealed. The decision of either the City Council or hearing officer is final.
Sec. 6.10.010 Transfer of permit.
A permit issued under the provisions of this Article shall be specific to the site and personal to the
holder thereof and shall not be transferable or assignable.
Sec. 6.10.011 Replacement permits or decals.
(a) A replacement permit shall be issued to the original applicant for one lost, destroyed, or
mutilated after a written application is submitted with a fee of fifteen dollars ($15.00) to the
City Manager on a form provided by the City for such purpose.
(b) A replacement permit shall bear the same expiration date as the one it replaces.
(c) A new or replacement decal issued to a permit holder shall be fifteen dollars ($15.00).
Sec. 6.10.012 Occupation tax.
(a) Every permit holder who controls, possesses, exhibits, or displays, or who permits to be
exhibited or displayed in the city for public patronage or operation by the public, any gaming
machine shall pay, and is hereby levied on each such gaming machine, except those exempt
under this Article, an annual occupation tax in the amount equal to one-fourth (1/4) of the
current state occupation tax. All occupation taxes for gaming machines are payable annually in
advance. The fee for issuing a replacement occupation tax receipt for one lost, destroyed or
mutilated shall be fifteen dollars ($15.00).
(b) Since the tax is payable in advance on an annual calendar year basis, the following pro rata tax
rate schedule will be applicable to a gaming machine which is first exhibited or displayed for
commercial use within the city during any quarter of the calendar year:
0
(1) First quarter: January 1 to March 31 - an amount equal to the applicable local annual
occupation tax;
(2) Second quarter: April 1 to June 30 - an amount equal to three-quarters (3/4) of the
applicable local annual occupation tax;
(3) Third quarter: July 1 to September 30 - an amount equal to one-half (1/2) of the
applicable local annual occupation tax; and
(4) Fourth quarter: October 1 to December 31 - an amount equal to one-quarter (1/4) of
the applicable local annual occupation tax.
In computing any tax payable under the aforesaid pro rata tax rate schedule, amounts
calculated thereunder shall be rounded to the next higher full cent amount as required.
Divisions 3. Inspections
Sec.6.10.013 Inspections; compliance.
(a) The gaming site shall conform to all zoning ordinances, building codes and fire prevention codes
of the City and comply with all federal, state and local ordinances and regulations relevant to
the operations of a gaming site or gaming machine.
(b) The Fire Chief, the Chief Building Official, all law enforcement or code enforcement officials shall
have the right to immediate unrestricted access to the gaming site where such machines are
located at any time during normal business hours for the purposes of inspecting said gaming site
and enforcement of the terms of this Article and state law.
(c) An owner, operator, employee, or any person who does not allow unrestricted access to the
gaming site to officials for the purposes of inspection or enforcement commits an offense.
Sec.6.10.014 Prohibited locations.
(a) No gaming sites shall be permitted to be placed within three hundred (300) feet of any church,
hospital or school.
(b) The measurement of the distance between the place of business and the church, hospital or
school shall be determined by measurements made in a straight line, without regard to
intervening structures or objects, from the nearest point on the applicant's property line to the
nearest point of the church, hospital or school property line.
Sec.6.10.015 Responsibility of permit holder.
A permit holder hereunder shall not permit any of the following activities within the permitted gaming
site:
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(a) The sale, purchase, possession or consumption of any alcoholic beverages as the same is
permitted by the Texas Alcoholic Beverage Code, unless the gaming site is licensed under the
provisions of said code and the ordinances of the City for the sale, purchase, possession, or
consumption of alcoholic beverages.
(b) The operation of any gaming machine by a person younger than twelve (12) years of age except
between the hours of 9:00 a.m. and 10:00 p.m.
(c) The operation of any gaming machine by any person twelve (12) years of age or older and under
seventeen (17) years of age except between the hours of 9:00 a.m. and 11:00pm, Sunday
through Thursday, and 9:00 a.m. and 12:00 a.m. (midnight), Friday and Saturday.
Divisions 4. Enforcement
Sec. 6.10.016 Violations of existing laws not authorized.
Nothing herein shall be construed or have the effect to license, permit, authorize or legalize any
machine, device, table, or gaming machine, the keeping, exhibition, operation, display or maintenance
of which is illegal or in violation of any ordinance of the City, any section of the Penal Code of this state,
or the Constitution of this state.
Sec. 6.10.017 Penalties.
(a) It shall be unlawful for an owner, operator or permit holder to exhibit or display, or permit to be
exhibited or displayed for commercial use, any gaming machine which:
(1) Does not have properly attached thereto a decal evidencing payment of applicable
occupation tax and machine registration;
(2) Is located at any address or location other than the location listed for such machine as
shown in the records of the City; or
(3) Has affixed to it a decal other than the decal issued for such as shown in the records of the
City.
(b) Except as otherwise provided by this section, if it be shown that a person has violated this
Article, upon conviction, the defendant shall be punished by a fine of not less than two hundred
dollars ($200.00) nor more than one thousand dollars ($1,000.00).
(c) Upon second conviction for a violation of this Article, the defendant shall be punished by a fine
of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00).
(d) Any violation charged pursuant to this section shall be independent of and may be in addition to
any administrative penalties which may be imposed regarding the suspension, revocation or
denial of any permit or license granted under this Article.
91
Sec. 6.10.018 Sealing machine for nonpayment; hearings.
(a) The Chief of Police shall seal, in a manner that will prevent further operation, any gaming
machine upon which the tax required by this Article has not been paid or upon which the decal is
not properly displayed. The owner or operator of any machine subject to this Article shall be
required to pay a fee equal to the maximum amount permitted under §2153.453 of the Texas
Occupations Code for the release of any machine sealed, as provided herein, for nonpayment of
the tax or for failure to properly display the decal evidencing the payment of the tax and proper
registration of the machine. The current fee amount shall be five dollars ($5.00) for each sealed
machine. Upon proof of payment of the occupation tax provided for in section 6.10.012 of this
Article, and the release fee, the Chief will remove the seal.
(b) Any owner desiring to contest the tax, fee, or penalty owed to the City to secure the release of a
sealed machine may request a hearing by delivering written notice to the City Clerk setting forth
the specifics of the challenge. The City Council shall either hear the challenge or select a hearing
officer to preside over the hearing. The City Council or hearing officer shall within fourteen (14)
days of the notice of challenge grant a hearing to consider the action. The decision of either the
City Council or hearing officer is final.
Sec. 6.10.019 Penalty for removal of sealed machine.
It shall be unlawful to remove from the permitted site any machine that has been sealed pursuant to
section 6.10.018 of this Article. Whoever removes or causes to be removed a machine that is sealed
shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than
$100.00 and no more than $500.00.
Sec. 6.10.020 Injunctions.
(a) In addition to the fines and penalties provided in this Article, if it appears that a person has
violated or is violating or is threatening to violate any provisions of this Article, the City Attorney
may institute a civil suit in a court of competent jurisdiction for injunctive relief to restrain the
person from continuing the violation or threat of violation.
(b) On application for injunctive relief and a finding that a person is violating or threatening to
violate any provision of this Article, the court shall grant such injunctive relief as the facts may
warrant.
Sec. 6.10.021 Strict enforcement; exemptions.
(a) All law enforcement personnel, inspectors, and other designated personnel shall carry out the
provisions of this Article and may issue citations for violations of this Article. All law
enforcement officers and representatives shall strictly enforce and prosecute the provisions of
this Article, and court officials shall see that this Article receives strict interpretation and
adjudication in a court of competent jurisdiction.
601
(b) A person in possession or control of a gaming machine is exempt from this Article if:
(1) The gaming machine is maintained for display only and it is not used for public
patronage; or
(2) The gaming machine has been altered in such a way that it no longer functions as a coin-
operated machine and is not patronized for the purpose of winning cash or cash value
prizes; or
(3) The gaming machines designed for and utilized exclusively by children are expressly
exempt from the tax levied in Division 2 hereof.
10