HomeMy WebLinkAboutO-2002-2587
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 14 2002 Aoorooriation
Requested By: Stephen Barr of Funds: N/A
Department: Account Number:
Report: Resolution: Ordinance: X Amount Budgeted: -0-
Exhibits: ()rrlin~nc:p. Amount Requested:
Exhibits: AQreement Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
In September, the City was approached by Harris County regarding surplus funds for projects that
could be quickly accomplished prior to the Harris County deadline for fund expenditures in April,
2003. Staff submitted 2 projects that were subsequently conditionally approved, totaling $250,000.
The agreement before you with Harris County is for a pedestrian bridge over Little Cedar Bayou,
connecting the Recreation & Fitness Center and the Special Programs Center, to Little Cedar Bayou
Park. The bridge will allow seniors and special populations to access the Little Cedar Bayou Nature
Trail as well as the amenities of Little Cedar Bayou Park. The bridge will also provide a means of
transportation for low and middle income residents living south of Little Cedar Bayou that are also
targeted for Community Development Block Grant funding. The bridge will be prefabricated and will
require engineering, construction of footings, and installation. The bridge will also be capable of
handling park maintenance equipment, allowing them to access the park without having to use public
roadways. The City will secure the engineering portion, conduct surveys if necessary, and provide
administrative oversight for the project through force account efforts. Funding for the project in the
amount of $150,000 will be provided by Harris County Community Development Block Grant money.
The City is not required to provide any capital expenditure for this project.
Staff Recommendation:
Staff recommends that Council consider approval of the proposed Agreement between the City of La
Porte and Harris County for installation of a pedestrian bridge over Little Cedar Bayou.
Action Required by Council:
Consider approval of the Agreement as described above.
Availability of Funds:
General Fund
_ Capital Improvement
Escrow Funds
Account Number: N/A
Water/Wastewater
_ General Revenue Sharing
N/A
Funds Available: YES NO
Approved for City Council Aaenda
s, Acting City Manager
)O)f01
Date
ORDINANCE NO. 2002-J5'(1
AN ORDINANCE AUTHORIZING AND APPROVING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND HARRIS COUNTY, REGARDING COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDING OF A PEDESTRIAN BRIDGE OVER
LITILE CEDAR BAYOU; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL 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 public
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 written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its passage and
approval, and it is so ordered.
PASSED AND APPROVED, this 14TH day of October 2002.
CITY OF LA PORTE
By:
~h~;HJt~
I.
Norman L. Malone,
Mayor
ATTEST:
~ OUk.~itJ
Martha Gillett,
City Secretary
APPROVED AS TO FORM:
,h/ , ) /
!Ae-v? 'i/ {elf
Knox W. Askins,
City Attorney
COUNTY, TEXAS
OFFICE OF HOUSING & ECONOMIC DEVELOPMENT
8410 Lantern Point
Houston, Texas 77054
Tel: 713-747-0132 Fax: 713-578-2190
NOV I 3 2002
November 5, 2002
Mr. John E. Joems
Acting City Manager
City of La Porte
604 W. Fairmont Pkwy
La Porte, Texas 77571
Dear Mr. Joems:
SUBJECT: Community Development Block Grant (CDBG) Agreement
The Pedestrian Bridge Project
Project No. 2002-105
(
Enclosed is a copy of the executed Agreement between Harris County and the City of La Porte
for the partial funding of the purchase and installation of a pedestrian bridge using CDBG funds
in the amount of$150,000.00.
Please contact Daniel Adame at (713) 747-0132 if you have any questions.
David Turkel
Director
DBT/ng
Enclosure
G:\gmsnare\QA \ng\executed agreelnt~llts\ 11 0502 _Pedestrian_Bridge ~ exec_ agreement.doc
2002-105
AGREEMENT BETWEEN HARRIS COUNTY
AND
CITY OF LA PORTE FOR THE PEDESTRIAN BRIDGE PROJECT
THIS AGREEMENT 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, CD2002-105;
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, facilities, 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 (HCOHED)
for the support provided herein in all publications made possible with funds made available
under this contract.
NOW, THEREFORE, in consideration ofthe mutual covenants and agreements herein contained,
it is agreed between the parties hereto that:
1. SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible for administering a Community
Development Block Grant (CDBG) Fiscal Year 2002 City of La Porte Pedestrian
Bridge Rehabilitation Project (the "Project") 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 the construction and
installation of a pedestrian bridge to span Little Cedar Bayou in the City of La
Porte. 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).
Program Delivery
Activity: The Project will partially fund the construction and installation of a 165 ft.
pedestrian bridge over the Little Cedar Bayou in the City of La Porte, Texas.
General Administration
Within 30 days after the date this Agreement is executed by both parties the Subrecipient
through its representative will prepare drawings and specifications for the Project (in
accordance with the usual requirements of the Subrecipient). Upon completion of said
drawings and specifications, the Subrecipient will submit the same to the Grantee for the
Grantee's written approval.
Within 15 days after approval by Grantee of the drawings and specifications as set out
above, the Subrecipient will advertise for and receive bids for the construction of the
Project in accordance with approved drawings and specifications which bidding
procedure will be in accordance with attached Exhibit A guidelines.
Upon receipt and tabulation of the bids for the Project, Subrecipient will determine the
lowest and best bid for the construction of the Project with the Grantee approving award
of the bid. 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
$163,000.00, Subrecipient will notify Grantee of the amount of the lowest and best bid
for the Project. The Contract between Subrecipient and its contractor shall be in
accordance with the Guidelines attached hereto as Exhibit A and with all applicable
CDBG regulations and OMB circulars, which are itemized at 24 CFR Part 85.
In the event the lowest and best bid for the construction of the Project is an amount in
excess of the sum of$120,000.00, Subrecipient shall have the following four (4) options:
1. Subrecipient may notify Grantee of the bid and request Grantee to agree in writing to
use those CDBG funds designated as contingency in Exhibit B attached hereto, to
fund the construction costs to meet the lowest and best bid received by the
Subrecipient. If the Grantee approves the use of contingency funds to meet the lowest
and best bid, then the Subrecipient, upon receipt of such notification, shall proceed to
let the contract, incorporating all required provisions, and continue with construction
of the Project; or
2. Subrecipient may notify Grantee of the bid 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 Subrecipient. 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 and Grantee fails to use contingency
funds, then in that event, the Subrecipient may reject all bids and elect not to proceed
2
with the letting of the contract and terminate the Project without any further
obligations to Grantee; or
3. Subrecipient may notify Grantee of the bid and undertake 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
Subrecipient will re-bid the project and proceed as if it were the original bid; or
4. 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.
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
contract 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 installation 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 pursuant 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 installation. The Subrecipient shall, at its sole expense, furnish the necessary
inspection personnel to assure itself of compliance with the installation contract.
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 Gra,ntee, contract suspension
or termination procedures will be initiated pursuant to 24 CFR 85.43.
II. TIME OF PERFORMANCE
3
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 FIFTY THOUSAND AND
NOll 00 DOLLARS ($150,000.00). 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 day 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.)
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 $150,000.00 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
Subrecipient
David B. Turkel, Director
Mr. John Joerns
4
Harris County Office of Housing
And Economic Development
8410 Lantern Point
Houston, Texas 77054
Acting City Manager,
City of La Porte
604 W. Fairmont Pkwy
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 CDBG program. The Subrecipient
further agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available.
VD. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with all applicable federal, state and local laws and
regulations governing the funds provided under this Agreement, including Executive
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, empl9yees, sub-Subrecipients,
program participants, licensees or invitees, which may be lost, stolen, destroyed or in any
way damaged.
C. Workers' Compensation
5
The Subrecipient shall provide Workers' Compensation Insurance coverage for all
employees involved in the performance of this Agreement. Subrecipient must provide to
RCORED a Certificate of such insurance. Subrecipient agrees to require any sub-
Subrecipients to carry Workers' Compensation Insurance coverage for all employees
involved in the performance of this Agreement. The Subrecipient shall also abide by the
Contract Work Rours 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:
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
6
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 guidelines, 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
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.
VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
7
1. Accounting Standards
The Subrecipient agrees to comply with Subpart C of OMB Circular A-102 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-Keeping
1. Records to be Maintained
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 ofthe 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 terminatipn 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 final disposition of such
8
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.
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.
4. 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. National Obiectives
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
9
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
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
10
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. Payment 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
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 concemmg 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
11
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.
2. OMB Standards
The Subrecipient shall procure materials in accordance with the requirements of
Subpart C of OMB Circular A-l02, Procurement Standards, and shall
subsequently follow Subpart C, Property Management Standards, covering
utilization and disposal of property.
3. Travel
Subrecipient must comply with Rarris County travel guidelines and obtain written
approval from the RCORED 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 & PAR TICIP ANT CONDITIONS
12
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964
as amended, Title vrn of the Civil Rights Act of 1968 as amended, Section 109 of
Title 1 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
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
13
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. Approved 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
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 cOI).tracting 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.
14
.
5. EEO/AA Statement
The Subrecipient will, in all solicitations or advertisements for employees placed
by or on behalf of the Subrecipient, state that it is an Equal Opportunity or
Affirmative 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.
Employment Restrictions
1. Prohibited Activity
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.
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 1:>y 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.
15
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 under 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
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
D.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
16
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
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
1. 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.
2. Hatch Act
The Subrecipient agrees that no funds provided, nor p.ersonnel 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
17
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 D.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 D.S.C. 3729
et seq.), 18 US.c. 287 relating to False, Fictitious and Fraudulent Claims, 18
D.S.C. 245 Federally Protected Activities, 18 D.S.C. 1001 regarding General
Statements or Entries, the Program Fraud Civil Remedies Act (31 US.C. 3801-
3812), the Federal Claims Collection Act of 1966 (31 D.S.C. 952) as amended by
the Derby Collection Act of 1982, the Meritorious Claims Act (31 D.S.C. 3702),
the Tucker Act (28 US.C. 1346, 1491, and 2501), the Wunderlich Act (41 D.S.C.
321-322), the Anti-Deficiency Act (31 D.S.C. 1341), and Section 208(a) of the
Intergovernmental Personnel Act of 1970, as amended.
4. Subcontracts
a. Approvals
The Subrecipient shall not enter into any subcontracts with any agency or
individual in the performance of this Agreement without the written
consent of the 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.
18
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. Copyright
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
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 D.S.C. 1857, et seq., and S 7401 et seq.
Clean Water Act, 33 D.S.C. 1368
Executive Order 11738
Federal Water Pollution Control Act, as amended, 33 D.S.C. 1251, et seq., and 1318,
relating to inspection, monitoring, entry, reports, and information, and all regulations
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 D.S.C. 432 et seq.; as amended)
HUD Environmental Review Procedures (24 C.F.R., Part 58).
.
.
.
.
.
.
B.
Flood Disaster Protection
19
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 V.S.C. 470) and the
procedures set forth in 36 C.F.R., Part 800, Advisory Council on Historic Preservation
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 V.S.c.
42), the Migratory Bird Treaty Act (16 V.S.c. 703-12), the Fish and Wildlife
Coordination Act (16 V.S.C. 661-667e), Section 4(f) of the Department of Transportation
Act (49 V.S.C. 1653(f), the Federal Water Pollution Control Act (33 V.S.C. 1251 et seq.),
the Coastal Zone Management Act of 1972, as amended (16 V.S.C. 1451), and the Safe
Drinking Water Act of 1974 (42 V.S.C. 300f to j-10), insofar as they apply to the
performance of this Agreement.
20
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the il./ll-' day of
[J~bf)e( ,2002.
Gel" '4 2 2002
Harris County
City of La Porte
BY:~
ROBERT ECKELS, County Judge
( /~t is ~~ Attest:~YA-/iuttI
DAVID B. TURKEL, Director Secretary
Harris County Office of Housing
And Economic Development
APP~~d as to Form:/ /~
~ , 7,/ "--'-1 /" .../
~~. - _ .: L L- . (. ;_'-1/,_. ~'
Knox W. Askins, City Attorney
21
AUDITOR'S CERTIFICATE
I hereby certify that funds are available in the amount of $150,000.00 to pay the obligation of
Harris County under this contract.
TOMMY J. TOMPKINS
County Auditor
21A
EXHIBIT A
HARRIS COUNTY OFFICE OF HOUSING 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 se 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
22
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 buildinq 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.
23
EXHIBIT B
BUDGET
CATEGORY HCOHED MATCH TOTAL
Construction! $120,000 0 $120,000
Installation
Contingency $10,000 0 $10,000
Testing $10,000 0 $10,000
Design $10,000 0 0
Admin/Inspection 0 $8,000 $8,000
Oversight
Survey 0 $5,000 $5,000
Total $150,000 $13,000 $163,000
CDBG 2002 - $150,000
24
EXHIBIT C
Certification for Contracts, Grants, Loans
and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and beliefthat:
(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, subgrants, 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 failure.
Executed this 1 0/'1- day of ~ -tv 6 f ( , 20
BY~e) -
-.:John C Ste~/()5
(Type or Print Name)
Covered Action:
F't-fi ~ C~ MrayJf
(Title)
Pea e:m'I./t'J B((&~ ~(Q )ew
(Program, Projec or Activity)
25
THE STATE OF TEXAS
COUNTY OF HARRIS
Presented to Commissioners' Court
~
~
~
.
OCT 2 2 2002
APPROVE
Recorded Vol _ Page
The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the
Harris County Administration Building in the City of Houston, Texas, on the day of
OC1 2 2 2002 , 2002, with the following members present, to-wit:
Robert Eckels
EI Franco Lee
James Fonteno
Steve Radack
Jerry Eversole
County Judge
Commissioner, Precinct No.1
Commissioner, Precinct No.2
Commissioner, Precinct No.3
Commissioner, Precinct No.4
and the following members absent, to-wit: ~
quorum, when among other business, the following was transacted:
, constituting a
ORDER AUTHORIZING EXECUTION OF THE AGREEMENT BETWEEN HARRIS
COUNTY AND THE CITY OF LA PORTE FOR THE PEDESTRIAN BRIDGE PROJECT
Commissioner G,.....~trodUced an order and made a motiou that the same be
adopted. Commissioner ~ ~ seconded the motIon for adoptIOn of the order.
The motion, carrying with it the adoptioll.oftheo[der, p~~vaile1.g~a~Re following vote:
o
o
o
o
D~ ~I~..l~
Cc~~rn. E\i\.~:-:ci;;; _-
The County Judge thereupon announced that tl1 motion had duly and lawfully carried and that
the order had been duly and lawfully adopted. The order thus adopted follows:
AYES:
NAYS:
ABSTENTIONS:
r-..~
L t
[~]
CC:,',1;;
RECITALS:
WHEREAS, the County has applied for and received funds from the United States Government
under Title 1 of the Housing and Community Development Act of 1974, Public Law 97-383
application number B-2002-UC-48-0002; CD2002-105.
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
include reference to Harris County Office of Housing and Economic Development ("HCOHED")
26
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
for the Pedestrian Bridge Project, in the amount of $150.000.00. The Agreement is attached
hereto and made a part hereof for all purposes.
La Porte Ped Bridge:e:\qa\jt\cdbg02
0-105
27