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City Council |
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Agenda Request |
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Agenda Of: |
10-17-06 |
Agenda Request
No: |
III H |
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Initiated By: |
Matt Fielder,
Economic Development Manager |
Responsible
Department: |
Economic
Development |
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Presented By: |
Matt Fielder,
Economic Development Manager |
Department
Head: |
Regina Morales Director |
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Additional
Department. Head (s): |
N/A |
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Subject /
Proceeding: |
Consideration and Approval of a Sub-recipient
Grant Agreement With the Fort Bend Community Revitalization Projects In the
Amount of $77,000 for Housing Repairs |
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Exhibits: |
Fort Bend CORPS
Sub-recipient Grant Agreement |
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Clearances |
Approval |
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Legal: |
Joe Morris, City
Attorney |
Executive
Director: |
Joe Esch,
Business & Intergovernmental
Relations |
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Purchasing: |
N/A |
Asst. City
Manager: |
N/A |
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Budget: |
Jennifer Brown Assistant Fiscal
Services Director |
City Manager: |
Allen Bogard |
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Budget |
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Expenditure
Required: $ |
77,000 |
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Amount
Budgeted/Reallocation: $ |
77,000 |
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Additional
Appropriation: $ |
0 |
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Recommended
Action |
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Approval of the Sub-recipient Grant Agreement |
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Executive
Summary |
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The FY 2007 Annual
Action Plan for the City’s Community Development Block Grant program approved
by Council allocated $77,000 for housing repairs. The program is operated through the Fort
Bend Community Revitalization Projects (CORPS), a non-profit organization
consisting of both a CDBG program run on behalf of the City of Sugar Land,
City of Missouri City and Fort Bend County, as well as a Hearts and Hammers,
a volunteer organization operated through private donations. The organization has operated the City’s
housing repair program for five years.
Fort Bend CORPS
operates a program that provides emergency repairs to the homes of low to
moderate income persons. These repairs
are intended to provide health, safety, and welfare improvements and include
such work as roof replacement, plumbing repairs, weatherizing, and improved
access for disabled persons. The
proposed agreement also includes a provision allowing up to $20,000 for a
one-time repair after a catastrophic event or natural disaster. Since the inception of the CDBG program in
FY 2001-2002, the City has provided $509,500 towards the housing repair program. In addition, Fort Bend CORPS has a history
of successfully leveraging private donations from individuals and the
business community, as well as organizing and mobilizing volunteer
efforts. These funds and volunteers
have supplemented the City’s efforts and are used to address areas that are
not eligible for CDBG funding under federal regulations, such as painting and
landscaping. The City’s program
operates under the following conditions: ·
Only
City of Sugar Land residents are eligible for assistance ·
Families
requesting assistance must meet HUD income guidelines ·
Homes
must be owner-occupied ·
No
more than $7,500 may be spent on any one home The attached agreement is a standard CDBG housing repair sub-recipient agreement that includes language required by HUD and is consistent with previous agreements. |
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Exhibits |
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CITY OF SUGAR LAND, TEXAS
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
GRANT AGREEMENT
This Grant Agreement ("Agreement") is made by and between the City of Sugar Land, Texas ("City") and the Fort Bend Community Revitalization Projects ("Grantee") pursuant to the authority given by the City of Sugar Land City Council on August 1, 2006 in adopting an Annual Action Plan for use of federal funds under the Community Development Block Grant Program ("CDBG"). The Grantee's submission for CDBG funds under 24 CFR Part 570 (as now in effect and as may be amended from time to time), are incorporated by reference, and constitute part of the Agreement.
In reliance upon and in consideration of the mutual representations and obligations hereunder, the City of Sugar Land and the Grantee agree as follows:
Subject to the provisions of this Grant Agreement, the City of Sugar Land will make the funding assistance available to the Grantee upon execution of the Agreement by both parties. This assistance will be funded in whole by the U. S. Department of Housing and Urban Development, Community Development Block Grant Program B-06-MC-48-0041. Funding for this project will not exceed $77,000. The utilization of the funding assistance provided is subject to the requirements of all federal, state and local laws, ordinances, rules and regulations. The term of this Agreement shall be from October 1, 2006 through September 30, 2007.
1.
Statement of Work
The Grantee, located at One Fluor Daniel Drive, Sugar Land, Texas, 77478, shall use the funds to perform minor repairs to the homes of qualifying individuals and as further set out in Exhibit "A" attached hereto. The Grantee will provide to the City of Sugar Land an itemized budget detailing the expenditures and encumbrances. A report will be due 90 days after execution of this agreement.
2.
Records and Reports
The Grantee will submit to the City of Sugar Land and maintain documentation that reflects the race, ethnicity, age, sex, family size and income status of the beneficiaries served. Reports will be due on a monthly basis and shall follow formats or standards required in the terms and conditions of the grant to the City by HUD. The City or its contractors will have the right to inspect the records of the Grantee. Failure to submit said records may jeopardize funding.
3.
Program Income
The Grantee agrees that any program income on hand after the Agreement expires will be returned to the City of Sugar Land.
4.
Uniform Administrative Requirements
Grantee agrees to comply with the applicable requirements and standards of the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (24 CFR Part 85), said provisions being incorporated herein by reference.
5.
Other Program Requirements
The Grantee agrees to comply with all applicable federal laws and regulations, including those described in Subpart K of (24 CFR 570.600), said provision being incorporated herein by reference. The City will monitor the program at least once during term of contract.
6.
Conditions of Religious Organizations.
Not applicable.
7.
Suspension and Termination
The Grantee agrees and understands that, in accordance with 24 CFR 85.43 of Subpart K, incorporated herein by reference, suspension or termination of the grant may occur if the Grantee fails to comply with any term of this Agreement or federal, state and local laws, ordinances, rules and regulations. The Grantee further agrees and understands in accordance with 24 CFR 85.44 of Subpart K, incorporated herein by reference, that the grant award may be terminated for convenience. The Grantee further understands that all grant monies must be expended on or before September 30, 2007.
8.
Reversion of Assets
Upon expiration of this Agreement, the Grantee agrees that it has 30 days to request a final reimbursement to any funds expended under this Agreement and will transfer to the City of Sugar Land any grant funds on hand and any accounts receivable attributable to the use of grant funds.
9.
Disbursement
Disbursement of grant funds will follow City procedure on City checks payable to Grantee or a vendor, which has been approved, by the Grantee and the City. Grantee will submit invoices on a monthly basis. For expenses incurred in October through August of the contract period, invoices are due no later than 45 days after the last day of the month in which the expenses were incurred. Invoices for September, the last month of the contract, are due to the City no later than October 30, 2007. Only complete invoices will be processed for payment. An invoice will contain the following supporting material: canceled checks, payroll records, time sheets, listing of clients served, service contracts or other necessary support documentation as requested by the City, to insure that expenses outlined in paragraph 1 (Statement of Work) have been incurred.
10.
Independent Contractor
Grantee will operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the City. Grantee will have exclusive control of the program/work and all persons involved in same subject only to the terms of this Agreement and will be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, program participants, licensees and invitees. It is expressly understood and agreed that no officer, member, agent, servant, employee, subcontractor, licensee or invitee of Grantee nor any program participant hereunder is in the paid services of the City and the City does not have legal right to control the actual program/work funded hereunder.
11.
Loss, Damage, Personal Injury
Grantee covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City and its officers, agents, servants and employees, from and against any and all claims or suits for property loss or damage and/or personal injury, including death to any and all persons, or whatever kind of character whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or nonperformance of this Agreement and/or the operations, activities and services of the program described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, or subcontractors of the City.
12.
Misuse, Misappropriated, Misapplied
In the event it is determined that the Grantee has misused, misapplied or misappropriated all or any part of the grant funds described herein, Grantee agrees to indemnify, hold harmless and defend the City and its officers, agents, servants and employees from and against any and all claims or suits resulting from such misuse, misapplication or misappropriation of such funds, and to reimburse the City the amount of such money misused, misapplied or misappropriated.
13.
Conflict of Interest
No officer, employee, member or program participant of Grantee or its contractors or subcontractors will have a financial interest, direct or indirect, in this Agreement or the monies transferred hereunder, or be financially interested, directly or indirectly, in the sale to Grantee of any material or services purchased with any funds transferred or expended hereunder. Any violation of this paragraph with the knowledge, expressed or implied, of Grantee or its contractors or subcontractors, will render this contract voidable by the City of Sugar Land.
14.
Invalid Representation
The provisions of this Agreement are severable, and if for any reason a clause, sentence, paragraph or other part of this Agreement is determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity will not affect the other provisions which can be given effect without the invalid provision.
15.
Labor Standards
The Grantee agrees and understands that, in accordance with 24 CFR 570.603, incorporated herein by reference, all laborers and mechanics employed by contractors or subcontractors on construction work financed in whole or in part (in excess of $2,000) with assistance received under Title I of the Housing and Community Development act of 1974, as amended, will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis Bacon Act, as amended. Grantee also agrees to have contractors or subcontractors comply with all Labor Standard Provisions.
16.
Performance
The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred will not be construed as a waiver or relinquishment to any extent of the City's right to assert or rely upon any such term or provision on any future occasion.
17.
Instrument
This written instrument constitutes the entire Agreement by parties hereto concerning the matters performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof are void.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in the City of Sugar Land, Fort Bend County, Texas, this ______ day of ____________________, 2006.
FOR THE CITY OF SUGAR LAND: FOR GRANTEE:
By:____________________________ By:___________________________
Allen Bogard, City Manager Title:__________________________
ATTEST: ATTEST:
_______________________________ By:____________________________
Glenda Gundermann, City Secretary Title:___________________________
Reviewed for Legal Compliance:
Attachment: Exhibit A
EXHIBIT A
