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HomeMy WebLinkAboutO-2002-2588 ;.. ~ "";:, . . ORDINANCE NO. 2002- 35<{~ AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND HARRIS COUNTY, REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING OF PLAY EQUIPMENT FOR LITTLE CEDAR BAYOU PARK; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEmNGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNOL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings .law~.-- Chapter 551, Texas Government Code; and that this meeting has been open to the put)lit as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves, and confirms such w~itten notice and the contents and posting thereof. ", . ~'... . :~: ,~. l" " ,. e . Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 2S1H day of October 2002. CITY OF LA PORTE By: Jt~Mz Norman L. Malone, Mayor ATTEST: L1rJd1Ur~ Athl/ Martha Gillett, City Secretary APPROVED AS TO FORM: / , ~tJ~ Knox W. Askins, City Attorney 'i' e e ~SCOUNTY,TEXAS OFFICE OF HOUSING & ECONOMIC DEVELOPMENT 8410 Lantern Point Houston, Texas 77054 Tel: 713-747-0132 Fax: 713-578-2190 (";1 f' Uo:"" V j 2Wi7 .. .....- November 26, 2002 Mr. Norman Malone Mayor, City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 Dear Mr. Malone: RE: The Little Cedar Bayou Park hnprovements Project Project No. 2002-101 Enclosed is the executed Agreement between Harris County and the City of La Porte for the Little Cedar Bayou Park hnprovements project using Community Development Block Grant funds. Please contact Daniel Adame at (713) 747-0132 if you have any questions. David Turkel Director DBT/ng Enclosure G:\jpnshare\QA\naIexCCUlcd ~1LiIlIc_ Ccd8r_Bayou_ParIc_""cc_agm:rnom_llr.doc 2002-101 .' e e AGREEMENT BETWEEN HARRIS COUNTY AND CITY OF LA PORTE FOR THE LITTLE CEDAR BAYOU PARK IMPROVEMENTS PROJECT THIS AGREEY1ENT is entered by and between Harris County, a body politic and corporate under the laws of the State of Texas, herein called the "Grantee," and the City of La Porte (the City), a body politic and corporate under the laws of the State of Texas, herein called the "Subrecipient" . WHEREAS, the Grantee has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 94-383, application number B-2002-UC-48-0002, CD2002-101; WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such fUnds; . WHEREAS, the Subrecipient shall insure recognition of the role of the Grantee in providing services through this contract. All activities, facilitiest and items utilized pursuant to this contract shall be prominently labeled as to funding source. In addition, the Subrecipient will include reference to Harris County Office of Housing and Economic Development (RCOBED) for the suppon provided herein in all publications made possible with fUnds made available under this contract. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein containedt it is agreed between the parties hereto that: 1. SCOPE OF SERVICE A. .-\ctivities The Subrecipient will be responsible for administering a Community Development Block Grant (CDBG) Fiscal Year 2002 City of La Porte Little Cedar Bayou Park hnprovements Project (the "Projectn) in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds, Such Project will include the partial funding of new playground equipment in the Little Cedar Bayou Park. The City of La Porte qualifies for the receipt and expenditure of Community Development Block Grant funds because the area served contains a proportion of low and moderate income persons that meets one of the criteria for national objectives set out in 24 CFR 570.208 (a) (1 )(2), ,. e e Program Delivery Activity: The Project will partially fund the purchase and installation of new ADA compliant playground equipment in the Little Cedar Bayou Park located in the City of La Porte. General Administration Within 30 days after the date this Agreement is executed by both parties the Grantee through the Harris County Public Infrastructure Department will solicit proposals in accordance with Attached Exhibit A guidelines. Upon receipt of the proposals for the Project, Grantee will determine the lowest and best proposal for the construction of the Project. In the event the lowest and best bid for the construction of the Project is an amount that would result in the cost of the Project being equal to or less than the sum of $100,000.00, Grantee will award the contract in accordance with Harris County guidelines. In the event the lowest and best bid for the construction phase of the Project is an amount in excess of the sum of $95,000.00, Subrecipient shall have the following three (3) options: 1, Subrecipient may notify Grantee and agree in writing to pay the additional cost of the Project. In the event the Subrecipient agrees in writing to pay the additional costs, then and in that event the Grantee will proceed to let the contract and continue with the construction of the Project. If the Subrecipient fails to agree in writing to pay said additional .costs, then in that event, the Subrecipient may reject all bids and elect not to proceed with the letting of the contract and terminate the Project without any further obligations to Grantee; or 2. Subrecipient may notify Grantee to negotiate with the Grantee for Grantee to agree in writing to reduce or delete specific items in the bid proposal so that bids will be within the amount of available construction funds, In the event Grantee agrees in writing to reduce or delete items in the bid proposal, the Grantee will re-bid the project and proceed as if it were the original bid; or 3, Subrecipient may reject all bids and elect not to proceed with the letting of the contract and terminate the Project, giving the Grantee written notice of its termination, The project contractor shall furnish, deliver, and install one 4'-0" X 8'-0" temporary project sign according to Harris County specifications. The Subrecipient will ensure that the specifications are made part of the project manual and the cost of the project sign is included in all bids, 2 , ' e It Within thirty (30) days after notification by Grantee to Subrecipient that the bid has been approved, the contract shall be awarded to the lowest and best bidder, in accordance with the usual and customary procedures of the Grantee, Grantee will conn-act directly with the contractor, incorporating all requirements of this Agreement therein. The Grantee may terminate this Agreement without cause, at any time prior to the letting of the contract for construction of the Project, by written notice to the Subrecipient, and the Subrecipient shall have no obligation thereunder except to return to Grantee the funds paid to the Subrecipient, if any, by Grantee pur~uant to this Agreement. During the construction of the Project, Grantee and Subrecipient shall have the right to review all documents, maps, plats, records, photographs, reports or plans affecting said construction. . B. Performance Monitoring The Grantee will monitor the performance of the Subrecipient against goals and performance standards required herein. Substandard performance as determined by the Grantee will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated pursuant to 24 CFR.85.43. II. TIME OF PERFORMANCE Services of the Subrecipient shall start within 7 days after the date of this Agreement and shall terminate when the Project is completed. In addition; the Subrecipient's covenants and Agreements shall extend for five (5) years after the funds provided for this Project are fully spent, in accordance with 24 CFR 570.505 and with applicable OMB circulars. ill, PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed One Hundred Thousand and No/lOO Dollars($ I 00,000.00). Draw downs for the payment of eligible expenses shall be made against the line item budget specified in Exhibit B in accordance with performance, Expenses for general administration shall also be paid against the line item budget specified in Exhibit B and in accordance with performance. The Grantee will make direct payments to the contractor in accordance with Harris County guidelines. Invoices must be submitted on or before the fifteenth working <;lay of the month for eligible costs incurred during the preceding month, and shall be on a form approved by Harris County Auditor. Prior to payment all invoices must be approved by the HCOHED and the Harris County Auditor. (A standard AIA form is acceptable,) 3 ." e e The Grantee has no County funds for the payment of services to be rendered under this Agreement. It is expressly understood that Grantee's obligation under this Agreement is contingent upon receipt .of funds for such purpose from the U,S. Department of Housing and Urban Development (HUD), by virtue of the above mentioned Grant(s). Accordingly, notwithstanding anything herein to the contrary, the maximum liability of the Grantee under this Agreement, shall not exceed $100,000,00 or the amount actually received by the Grantee from HUD pursuant to the Grant, whichever is less, and Subrecipient, by execution of this Agreement, acknowledges its understanding of this fact. The Subrecipient understands and agrees that reimbursement for costs under this Contract shall be in accordance with all applicable federal rules, regulations, cost principles, and other requirements relating to reimbursement with Housing and Urban Development (HUD) grant funds. The County shall pay for only those costs that are allowable Under said rules, regulations, cost principles and requirements. The Subrecipient agrees to repay County in full for any costs paid by County under this contract that are disallowed or determined to have been ineligible for payment with HUD grant funds. V. NOTICES Communication and details concerning this contract shall be directed to the following contract representatives: Grantee Subrecioient David B. Turkel, Director Harris County Office of Housing And Economic Development 8410 Lantern Point Houston, Texas 77054 Mr, Norman Malone Mayor, City of La Porte 604 W. Fairmont Parkway La Porte, Texas 77571 VI. SPECIAL CONDITIONS The Subrecipient agrees to comply with the requirements of 24 C.F.R. Part 570 and all federal regulations and policies issued concerning the CnBG program, The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. vn, GENERAL CONDITIONS A. General Comoliance The Subrecipient agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this Agreement, including Executive 4 e e Order 12372, governing the review and coordination of Federally assisted programs and projects. B. Independent Contractor Subrecipient shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of Grantee, Subrecipient shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, sub-Subrecipients, program participants, licensees or invitees. The doctrine of respondeat superior shall not apply as between Grantee and Subrecipient, its officers, members, agents, servants, employees, sub-Subrecipients, program participants, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between Grantee and Subrecipient. It is expressly understood and agreed that no officer, member, agent, employee, sub-Subrecipient, licensee or invitee of the Subrecipient, nor any program participant hereunder, is in the paid service of Grantee and that Grantee does not have the legal right to control the details of the tasks performed hereunder by Subrecipient, its officers, members, agents, employees, sub-Subrecipients, program participants, licensees or invitees. Grantee shall in no way nor under any circumstances be responsible for any property belonging to Subrecipient, its officers, members agents, employees, sub-Subrecipients, program participants, licensees or invitees, which may be lost, stolen, destroyed or" in any way damaged, C. Workers' Compensation The Subrecipient shall provide Workers' Compensation msurance coverage for all employees involv.ed in the performance of this Agreement. Subrecipient must provide to HCOHED a Certificate of such insurance. Subrecipient agrees. to require any sub- Subrecipients to carry Workers' Compensation msurance coverage for all employees involved in the performance of this Agreement. The Subrecipient shall also abide by the Contract Work Hours and Safety Standards Act of 1962 (40 U.S.c. 327 et seq,). D. Insurance and Bonding Subrecipient will obtain and maintain during the term of this Agreement public liability and automobile liability insurance covering all risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this Agreement. The amounts of such insurance shall not be less than the maximum liability which can be imposed on Grantee under the laws of the State of Texas. At present, such amounts are as follows: 5 e e Bodily injury or death, per person $100,000 Bodily injury or death, per occurrence. $300,000 Property damage, per occurrence $100,000 Subrecipient agrees that such insurance amounts shall be revised upward at Grantee's option and that Subrecipient shall revise such amounts within 30 days following notice to Subrecipient of such requirements, Subrecipient will submit to Grantee documentation that it has obtained insurance coverage as required in this contract within 30 days of the execution of this contract and prior to payment of any monies hereunder, Subrecipient will comply with the insurance and bonding requirements of OMB Circular A-I02. E. Grantor Recognition The Subrecipient shall insure recognition of the role of the grantor agency in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. F. Amendments Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee's governing body. Additionally, Grantee may, in its discretion, amend this Agreement to conform with federal, state or local governmental guideliIies, policies and available funding amounts, or for other reasons. If such amendment results in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be effected only by written amendment signed by both Grantee and Subrecipient. G. Suspension or.Termination Either party may terminate this Agreement prior to the award of the installation contract by Subrecipient, as described above, by giving written notice to the other party of such termination and specifying the effective date thereof at least 30 days before the effective 6 e e date of such termination. Partial terminations, including of the Scope of Service in Paragraph IA above, may be undertaken only with the prior approval of Grantee, Grantee may also suspend or terminate this Agreement, in whole or in part, if Subrecipient materially fails to comply with any term of this Agreement, or with any of the rules, regulations or provisions referred to herein; and the Grantee may declare the Subrecipient ineligible for any further participation in Grantee Agreements, in addition to other remedies as provided by law. Additionally, in the event there is probable cause to believe the Subrecipient is in noncompliance with any applicable rules or regulations, the Grantee may withhold up to 15 percent of said Agreement funds until such time as the Subrecipient is found to be in compliance by the Grantee, or is otherwise adjudicated to be in compliance. Termination, or expiration, of this Agreement shall not relieve Subrecipient of liability for any breach of this Agreement that occurs prior to such termination or expiration. . H, Reversion of Assets Upon expiration of the term of this Agreement, the Subrecipient shall transfer to the Grantee any CDBG funds on hand at the time of expiration which were not used in performance of the project and any account receivable attributable to the use of CDBG funds. Vill. ADMINISTRATIVE REOUIREMENTS A. Financial Management 1. Accounting Standards The Subrecipient agrees to comply with Subpart C of OMB Circular A-I02 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred, 2, Cost Principles The Subrecipient shall administer its program in conformance with OMB Circulars A-87 and the applicable sections of 24 C,F.R. Part 85, "Uniform Administrative Requirements for Grants and Cooperative agreements to State and Local Governments," for all costs incurred whether charged on a direct or indirect basis, B. Documentation and Record-Keeoing 1. Records to be Maintained 7 " e e The Subrecipient shall maintain all records required by the federal regulations specified in 24 C.F.R. 570.506 and that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c, Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f, Financial records as required by 24 C,F.R. 570,502, and OMB Circular A-133; and g. Other records necessary to document compliance with Subpart K of24 C,F,R. Part 570. 2. Retention The Subrecipient shall retain all records pertinent to expenditures incurred under this Agreement for a period of 5 years after the termination of all activities funded under this Agreement, or after the resolution of all Federal audit findings, which ever occurs later. Records for non-expendable property acquired with funds under this Agreement shall be retained for 5 years. after fmal disposition of such property. Records for any displaced person must be kept for 5 years after he/she. has received final payment. Subrecipient must also comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the above-described periods, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the above-described periods, whichever occurs later. 3. Reports The Subrecipient shall furnish reports to the Grantee, which include, but may not be limited to the following, if applicable: A. Payment Request submitted monthly to Grantee. B, Weekly Payroll Reports from General Contractors and all Subcontractors. 8 e e Monthly reports are to be submitted within 15 working days of the end of the reporting periods. The quarterly performance reports are due within 15 days after the end of the previous quarter and the annual performance report is due within one month after the end of the contract period. Failure to comply with the reporting requirements of this Article shall be a material breach of the contract and funding will be withheld from the Subrecipient until such time as the reports are submitted. The Subrecipient agrees to cooperate in periodic site visits and annual program and financial monitoring visits which will be conducted by the HCOHED staff and/or the Harris County Auditor's staff. -l. Property Records The Subrecipient shall maintain real property inventory records, which clearly identify properties purchased, improved or sold, Properties retained shall continue to meet eligibility criteria and shall conform to the "changes in use" restrictions specified in 24 C.F,R. 570.503(b)(8), 5. NationalObiectives The Subrecipient agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this Agreement meet one or more of the CDBG program's national objectives-I) benefit low/moderate income persons, 2) aid in the prevention or elimination of slums or blight, 3) meet community development needs having a particular urgency - as defined in 24 C.F.R. 570,208. 6. Close-Outs Subrecipient's obligation to the Grantee shall not end until all close-out requirements described in 24 C.F.R. 85.50 are completed to the satisfaction of the HCOHED and the Harris County Auditor. Activities during this close-out period shall include, but are not limited to, making final payments, disposing of program assets, including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee, and determining the custodianship of records, 7, Audits & Inspections All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, its designees or the Federal Government, at any time during normal business hours, as often as the Grantee or other agency 9 e e deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient hereby agrees to have an annual agency audit conducted in . accordance with Generally Accepted Governmental Auditing Standards (the "Yellow Book"), and OMB Circular A-133. The audit must include a statement regarding compliance with Federal Regulations, including national objectives of the program. C. Reporting and Payment Procedures 1, Budgets The Subrecipient has submitted a detailed budget (see Exhibit B) in a form and content prescribed by Harris County Auditor. The Grantee and the Subrecipient may agree to revise the budget from time to time in accordance with existing county policies. 2, Program Income The Subrecipient shall report all program income as defined at 24 C.F.R. 570.500(a) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 C,F.R. 570,504, By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unused program income shall be returned to the Grantee at the end of the contract period, Any interest earned on cash advances from the U.S. Treasury is not program income and shall be remitted promptly to the Grantee. 3, Indirect Costs If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Grantee share of administrative costs and shall submit such plan to the Grantee for approval. 4, Pavrnent Procedures The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and county policy concerning payment. With the exception of certain advances, payments will be made for eligible expenses actually incurred by 10 ,. e e the Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with advance fund and program income balances available in Subrecipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this Agreement for costs incurred by the Grantee on behalf of the Subrecipient. D. Procurement 1. Compliance. The Subrecipient shall comply with state law concerning the purchase of equipment and services. Any real or personal property under Subrecipient's control that was acquired or improved in whole or in part'with CDBG funds must either be: a. Used by the Subrecipient to meet one of the national objectives in 24 C.F.R. 570.200(a) (2) and (3) until 5 years after expiration or termination of the Grantee's Agreement with HUD; or b. Transferred to the Grantee; or c. Disposed of in a manner, consistent with 24 C,F.R. 85.31, which results in the amount of the then current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for acquisition thereof, or improvements to, the property being reimbursed to the Grantee, Such reimbursement is not required if disposed of more than 5 years after the expiration or termination of this Agreement. d, Further, if within 5 years of the termination or expiration of this Agreement, the Subrecipient ceases to use any or all personal property attributable to CDBG funds to meet a national objective, the personal property shall, in accordance with 24 C,F,R. 85.32, either revert to the Grantee or be disposed of in accordance with the applicable federal rules and regulations, including but not limited to OMB Circular A- 102, Subpart C. e. The Grantee in its sole discretion shall determine whether or not the Subrecipient use of any property meets a national objective contained in 24 C.F,R. 570.200(a) (2) and (3). f, After the expiration of 5 years, the Subrecipient shall have no obligation to comply with this section regarding real or personal property, 11 e tit 2. OMB Standards The Subrecipient shall procure materials in accordance with the requirements of Subpart C of OMB Circular A-I02, Procurement Standards, and shall subsequently follow Subpart C, Property Management Standards, covering utilization and disposal of property. 3. Travel Subrecipient must comply with Harris County travel guidelines and obtain written approval from the HCOHED for any travel outside the Grantee's service area with funds provided under this Agreement. 4. Relocation. Acquisition and Displacement The Subrecipient agrees to comply with 24 C.F,R. 570.606 relating to the acquisition and disposition of all real property utilizing grant funds>> and to the displacement of persons, businesses, non-profit organizations and farms occurring as a direct result of any acquisition of real property utilizing grant funds. The Subrecipient agrees to comply with applicable Grantee Orders, and Policies concerning displacement of individuals from their residences, including The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. IX. PERSONNEL & P ARTICIP ANT CONDITIONS A. Civil Rights 1. Compliance The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title vm of the Civil Rights Act of 1968 as amended>> Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246 as amended by Executive Orders 11375 and 12086 and all other applicable requirements of24 C,F.R. Part 570, Subpart K, 2. Nondiscrimination The Subrecipient will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry>> national origin, sex, disability or other handicap, age marital status>> or status with regard to public assistance. The Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination, Such employment 12 e e practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Subrecipient setting forth the provisions of this nondiscrimination clause. Subrecipient shall also abide by Title IX of the Education Amendments of 1972 (20U.S.C. - 1681 et seq,) which prohibits sex discrimination in federally assisted education programs. 3. Section 504 The Subrecipient agrees to comply with any federal regulations issued pursuant to Section 504 of the Rehabilitation Act of 1973, (29 U,S.C. 706), which prohibits discrimination against the handicapped in any federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessarY for compliance with that portion of the regulations in force during the term of this Agreement. . 4. Drug Free Workplace All profit or non-profit agencies or organizations receiving state or federal grant funds under the official sponsorship of Harris County must certify on an annual basis their compliance with the requirements of the Drug Free-Workplace Act of 1988. Employees are specifically prohibited from manufacturing, distributing, possessing, purchasing, and using illegal drugs or controlled substances in the workplace or in any other facility, location or transport in which the employee is required to be present in order to perform his or her job function. B. Affirmative Action 1, Aooroved Plan The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1965. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. W/MBE The Subrecipient will use its best efforts to afford minority- and women-owned business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the term "minority and 13 ," e. e female business enterprise" means a business at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records The Subrecipient shall furnish and cause each of its sub-Subrecipients to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or.other authorized federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. . 4. Notifications The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5, EEO/AA Statement The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, st~te that it is an Equal Opportunity or Affinnative"Action Employer, as applicable. 6. Subcontract Provisions The Subrecipient will include the provisions of Paragraphs vrn A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each sub-Subrecipient or vendor, C. Emolovrnent Restrictions I, Prohibited Activitv The Subrecipient 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. 14 e e 2. OSHA Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous or dangerous to the participant's health or safety, 3. Labor Standards The Subrecipient agrees to comply with the requirements of the Secretary of Labor issued in accordance with the provisions of Contract Work Hours and Safety Standards Act [40 U.S.C. 327-330] as supplemented by Department of Labor regulations, the Copeland "Anti-Kickback" Act [18 U.S.C 874], the Davis- Bacon Act [40 U,S.C, 276(a) to a-7], and all other applicable federal, state and local laws and regulations pertaining to labor standards, insofar as those acts apply to the performance of this Agreement. The Subrecipient shall maintain documentation which demonstrates compliance with hour and wage requirements of this section. Such documentation shall be made available to the Grantee for review upon request. The Subrecipient shall also abide by Chapter 11 of Title 18 of the U.S. Code (18 U.S,C. 201-224) which prohibits a number of criminal activities, including bribery, graft and conflict of interest. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property designed for residential use for less than 8 households, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall comply with federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 C.F.R., Parts 1, 3, 5, and 7 governing the payment of wages and ratio of apprentices and trainees to journeymen; provided, that if wage rates higher than those required und~r the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to. require payment of the higher wage, The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 4, "Section 3" Clause a. Compliance Compliance with the provisions of Section 3 of the Housing and Urban Development Act of 1968, as amended, the regulations set forth in 24 IS e e C.F.R. Part 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the federal financial assistance provided under this Agreement and binding upon the Grantee, the Subrecipient and any sub-Subrecipients. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any sub- Subrecipients, their successors and assigns, to those sanctions specified by the Agreement through which federal assistance is provided; and as set out in 24 C,F.R. Part 135, Subpart O. The Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements, The Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement. "The work to be performed under this contract is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U,S.C. 1701. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the areas of the project." The Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with the requirements. b, Notifications The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the sub-Subrecipient is in violation of regulations issued by the Grantor Agency. The Subrecipient will not subcontract with any sub- Subrecipient where it has notice or knowledge that the latter has been 16 e e found in violation of regulations under 24 C.F.R. Part 135 and will not let any subcontract unless the sub-Subrecipient has first provided it with preliminary statement of ability to comply with the requirements of these regulations. D. Conduct I. Assignability The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. . 1. Hatch Act The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, 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. 3. Conflict of Interest The Subrecipient agrees to abide by the provisions of 24 C.F,R. 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. The Subrecipient further covenants that in the performance of this Agreement no person having such a financial interest shall be employed or retained by the Subrecipient hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official .of the Grantee, or of any designated public agencies or subrecipients'that are receiving funds under the CDBG Entitlement program. The Subrecipient also agrees to abide by 18 U,S.C, 286, which provides for conspiracy to defraud the Federal Government with Respect to Claims, In addition, the Subrecipient will also abide by the False Claims Act (31 U.S.C, 3729 et seq,), 18 U.S.C. 287 relating to False, Fictitious and Fraudulent Claims, 18 U.S.C. 245 Federally Protected Activities, 18 U.S,C, 1001 regarding General Statements or Entries, the Program Fraud Civil Remedies Act (31 U.S.C, 3801- 3812), the Federal Claims Collection Act of 1966 (31 U,S.C. 952) as amended by the Derby Collection Act of 1982, the MeritoriQus Claims Act (31 U,S,C, 3702), the Tucker Act (28 U.S.C, 1346, 1491, and 2501), the Wunderlich Act (41 U,S,C. 17 e e 321-322), the Anti-Deficiency Act (31 U.S,C, 1341), and Section 208(a) of the Intergovernmental Personnel Act of 1970, as amended. 4. Subcontracts a, Aporovals The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent ofthe Grantee prior to the execution of such agreement. b. Monitoring The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance, Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c, Content The Subrecipient shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d, Selection Process The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis, Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. Subrecipient must adopt and utilize written selection criteria for use in the selection of subcontractors, which selection criteria must conform to the procurement requirements of24 C,F.R. 85.36. 5. Coovright If this Agreement results in any copyrightable material, the Grantee and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work for government purposes. 6. Religious Organization The Subrecipient agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the 18 " e e benefit of a religious organization in accordance with the federal regulations specified in 24 C,F,R. 570.2000). X. ENVIRONMENTAL CONDITIONS A. Air and Water The Subrecipient agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: · Clean Air Act, 42 U.S.C. 1857, et seq., and ~ 7401 et seq, · Clean Water Act, 33 U.S.C. 1368 · Executive Order 11738 · Federal Water Pollution Control Act, as amended, 33 U,S.C. 1251, et seq" and 1318, relating to inspection, monitoring, entry, reports, and information, and all reguhltions guidelines issued thereunder. · Environmental Protection Agency (EPA) regulations pursuant to 40 C,F.R., Part 50, as amended. · National Environmental Policy Act of 1969 (42 U.S.C. 432 et seq.; as amended) · HUD Environmental Review Procedures (24 C.F,R., Part 58). B. Flood Disaster Protection The Subrecipient agrees to comply with the requirements of the Flood Disaster Protection Act of 1973 (P,L.-2234) in regard to the sale, lease or other transfer of land acquired, cleared or improved under. the terms of this Agreement, as it may apply to the provisions of this Agreement. C. Lead-Based Paint The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 C,F.R, 570.608, and 24 C.F.R. Part 35, and in particular Sub-Part B thereof. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning, and of the advisability and availability of blood-level screening for children under 7 years of age, D. Historic Preservation The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S,C. 470) and the procedures set forth in 36 C.F .R., Part 800, Advisory Council on Historic Preservation 19 e e Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. In general this requires concurrence from the Texas Historical Commission and Antiquities Committee for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or local historic property list. E. Wildlife Protection The Subrecipient agrees to comply with the requirements of the Endangered Species Act of 1973 as listed in 50 C,F.R. 17.11 and 50 C.F.R. Part 451, the Lacey Act (18 U,S.C. 42), the Migratory Bird Treaty Act (16 U.S.C. 703:'12), the Fish and Wildlife Coordination Act (16 U.S,C, 661-667e), Section 4(f) of the Department of Transportation Act (49 U,S,C, 1653(f), the Federal Water Pollution Control Act (33 U.S.C, 1251 et seq,), the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451), and the Safe Drinking Water Act of 1974 (42 U,S,C, 300f to j-10), insofar as they apply to the performance of this Agreement. 20 e c,-' .. e . :(,:..' .\ ') 2DC IN WITNESS WHEREOF, the Parties have executed this Agreement as of the _ day of ,2002. Harris County B. R Attest. L --t J~ ~t( DAVID B, TCRKEL, Director Harris County Office of Housing And Economic Development Approved as to Form and Legal Sufficiency: City of La Porte cting City Manager Attesl:~~ ~tIi Martha Gille , City Sec etary APP~~VED AS TO FO~: j/ ~>i?J~ Knox W. Askins, City Attorney 21 e e AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $1 00,000,00 to pay the obligation of Harris County under this contract. TO~J.TOMPKINS County Auditor 22 e e EXHIBIT A HARRIS COUNTY OFFICE OF HOUSTING AND ECONOMIC DEVELOPMENT SUBRECIPIENT CONSTRUCTION POLICIES These policies are intended to assist those public entities receiving Harris County Office of Housing and Economic Development Block Grant funds. They will facilitate the entity's understanding and compliance with applicable federal and county regulations, policies and processes where the entity is responsible for design, bidding and construction contract administration. If clarification is. needed, call Joseph L. Thompson at 713-747-0132, 1 . If federal funds will be used to retain consultants, the entity must advertise Request for Qualification Statement (RFQ). The entity shall submit the draft RFQ for approval prior to advertisement. The responding consultant's SF 254 and 255 qualification statements must be submitted for review to Harris County Office of Housing and Economic Development (HCOHED) prior to commissioning the consultants. Upon approval by HCOHED, the entity may retain consultant( s). 2. The entity will advertise for bids and award contracts in compliance with the State of Texas bidding procedures and the Sections listed below from 24 C.F.R. 85: Section 85.20 Standards for Financial Management Systems (Except subparagraph a) Section 85.36 "Procurement," except paragraph (a) Section 85.42 "Retention and Access Requirements for Records" 3. The preliminary drawings must be within the previously approved project scope. All construction projects must comply with Harris County requirements and the policies and procedures of Harris County's Department of Public Infrastructure, Purchasing Agent, Auditor and HCOHED, 4. Entity will incorporate into the construction documents any and all Department of Housing and Urban Development requirements. Final documents must be approved by HCOHED. 5. Prior to award of contract, HCOHED will review the bid documents, the bidder's qualification statements, minority business plan and financial statements to ensure that the contractor has a good contracting record, adequate capitalization, equipment, and personnel to successfully complete the project, meets minority participation goals and that the bidder has not been debarred by HUD from working on federal contracts. 6. The entity, the consultant, and HCOHED will conduct a prebid meeting and a preconstruction conference with the contractor(s). 7. The entity shall, at its sole expense, furnish the necessary inspection personnel to assure itself of compliance with the construction contract. The Architect or Engineer of record will have final authority in all construction disputes. 8. The entity and contractor will be responsible for preparing monthly pay requests to be reviewed by the consultant prior to submittal for payment. Preparation will consist of a site meeting with the 23 e e consultant and the contractor's representative to accurately determine the percentage completion of various components of the work and time used, The entity, the consultant, and the contractor will be required to sign each monthly estimate prior to being processed for payment. 9. All change orders must be approved in writing by the entity prior to any alterations or modifications of the work or specifications. The entity will be responsible for any increase in cost based on any change order required due to errors and/or omissions. Total aggregate Changes in Contract will not exceed twenty five percent of the original contract amount. 10. Entity will submit or cause to be submitted, weekly payrolls for general contractor and all subcontractors to HCOHED for review. HCOHED will review all payrolls and conduct worker interviews and will hold the general contractor responsible for compliance with labor, EEO and minority business requirements. The County through HCOHED reserves the right to withhold funds from the general contractor to compensate workers in accordance with the appropriate wage scales as promulgated by the U.S. Department of Labor. 11. The entity must submit the following documentation to HCOHED prior to award of the construction contract: > Copy of the bid advertisement. > Copy of the bid tabulations. > Copies of all bids submitted, > Copies of bidders' bid bonds or cashiers checks. > Copy of the minutes and attendance roster of the bid opening, > Consultant's recommendation of contractor. > Request authorization from HCOHED to award project to lowest/best bidder. 12. The entity must submit the following documentation after award of contract: > Copy of the performance, payment and maintenance bonds, > Copy of "Certificate of Authority" issued by the State Board of Insurance of Texas for the surety company. Only companies listed in the Department of the Treasury circular #570 (most recent issue) will be accepted. > Certification of bid award by the City Council/Board. > Original copy of the executed contract between the successful bidder and the entity. > Copy of the purChase order. > Copy of subcontractor list. > Schedule of values based on standard Construction Specifications Institute (CSI) format (16 divisions) and given in labor and materials listed separately per line item including overhead and profit for each. > Construction schedule (Bar Chart or Critical Path Method), 13. The entity will not be permitted to perform any "force account work", wherein the entity uses their own employees, materials, and/or equipment. All portions of construction work will be subject to the competitive bidding process referenced above. 14. The entity's contractor. shall furnish, deliver, and install one 4'-0" X 8'-0" temporary project sign. according to Harris County specifications. The entity will ensure that the specifications will be made part of the project manual and the cost of the project sign will be included in all bids. 15. The entity's contractor, on all buildina projects, shall furnish, deliver, and install one 18" X 24" bronze plaque built according to Harris County specifications. The entity will ensure that the specifications will be made part of the project manual and the cost of the plaque will be included in all bids, 24 e e EXHIBIT B BUDGET CATEGORY HCQHED MATCH TOTAL Construction 95,000 -0- -0- Sur\"ey 2,0000 -0- -0- Testing 2,0000 -0- .,.0- Inspection 1,000. -0- -0- Total $100,000 $-0- $100,000 CDBG 2002 - S I 00,000 25 e e EXHIBIT C Certification for Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and be1iefthat: (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 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 sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is 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 that $100,000 for each such failur~. Executed this day of ,20 . BY~' (Type or Print Name) (Title) Covered Action: (program, Project or Activity) 26 THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ e e Presented to ~' Court NOV 0 5 2002 APPROVE Recorded VrA, Page The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the H~~ Co~~ Adrninistr~tion BUildin,g in the City of Houston" Texas, on the day of nv { \l S 200 , 2002, WIth the followmg members present, to-WIt: Robert Eckels EI Franco Lee James Fonteno Steve Radack Jerry Eversole County Judge Commissioner, Precinct No. I Commissioner, Precinct No, 2 Commissioner, Precinct No.3 Commissioner, Precinct No.4 and the following members absent, to-wit: JJdJ-14- quorum, when among other business, the following was transacted: , I , constItutmg a ORDER AUTHORIZING EXECUTION OF AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE FOR THE LITTLE CEDAR BAYOU PARK IMPROVEMENTS PROJECT Commissioner introduced an order and made a motion that the same be adopted. Commissioner seconded the motion for adoption of the order. The motion, caIl}lng with it the ~49P!~~H! 9J~~ order, prevailed by the following vote: y,=:~ f'tr!:~ ,r.<1::,t~!n r"'1 .; ii ~.:: : ~-:.~ i~~ LJ LJ AYES: NAYS: ABSTENTIONS: ".'. ...:; ".--=:.:' :~': . ! .. ..' ., - ~. .... r" : ,r~-, . c.:: ".~. j: ~::. -.... i I ~...: : _1 f_, _1. f...l --._.1, 'I"._J C.::-::. i. r~' :. .. ~\ .. The County Judge thereupon anil%~C~dftfi~f th r ~otioHad dW, and lawfully carried and that the order had been duly and lawfully adopted. The order thus adopted follows: RECITALS: WHEREAS, the County has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 97-383 application number B-2002-UC-48-0002; CD2002-1 0 1 WHEREAS, the County wishes to engage the City of La Porte to assist the County in utilizing such funds; WHEREAS, the City of La Porte shall insure recognition of the role of the County in providing services through this contract. All activities, facilities, and items utilized pursuant to this contract shall be prominently labeled as to funding source, In addition, the City of La Porte will 27 e e include reference to Harris County Office of Housing and Economic Development ("HCOHED") for the support provided herein in all publications made possible with funds made available under this contract. NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS COUNTY, TEXAS THAT: Section 1: The recitals set forth in this order are true and correct. Section 2. The Agreement is approved and the County Judge of Harris County or his designee is authorized to execute an Agreement between Harris County and the City of La Porte Little Cedar Bayou Park Project, in the amount of $100.000.00. The Agreement is attached hereto and made a part hereof for all purposes, LCBPark:e:\qa \j t\cdbg02 02-101 28