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FACT SHEET
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TITLE DATE ORIGINATING DEPARTMENT
A RESOLUTION OCTOBER 13, 2009 COMMUNITY DEVELOPMENT
AUTHORIZING THE
EXECUTION OF AN
NEIGHBORHOOD
STABILIZATION PROGRAM
GRANT AGREEMENT
WITH LOUISIANA HOUSING
FINANCE AGENCY AND TO SPONSOR
OTHERWISE PROVIDE WITH
RESPECT THERETO. SAME
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PURPOSE
To authorize the execution of a Neighborhood Stabilization Program (“NSP”) grant agreement with Louisiana Housing Finance Agency (“LHFA”).
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BACKGROUND INFORMATION
The Department of Community Development has been notified of the award of a $15,000 NSP grant from LHFA. The grant funds will be used for homebuyer education for prospective eligible NSP purchasers in connection with the Heritage Place Development, a twenty-six unit single-family detached affordable housing development proposed for the Allendale neighborhood. This resolution would authorize the Mayor to execute the NSP Agreement with LHFA.
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TIMETABLE
Introduction: October 13, 2009
Final Passage: October 27, 2009
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SPECIAL PROCEDURAL REQUIREMENTS
None
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ALTERNATIVES
1. Adopt the resolution as presented.
2. Amend the resolution.
3. Reject the resolution.
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CONCLUSION
Alternative Number 1 is recommended.
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FACT SHEET PREPARED BY: Terri Anderson-Scott
City Attorney
RESOLUTION NO. _____ OF 2009
BY:
WHEREAS, the Department of Community Development has been notified of the award of a $15,000 Neighborhood Stabilization Program (“NSP”) grant from the Louisiana Housing Finance Agency (“LHFA”); and
WHEREAS, the grant funds will be used for homebuyer education for prospective eligible NSP purchasers in connection with the Heritage Place Development, a twenty-six unit single-family detached affordable housing development proposed for the Allendale neighborhood.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shreveport, in due, regular, and legal session convened that the Mayor is hereby authorized to execute, for and on behalf of the City of Shreveport a NSP Subrecipient Grant Agreement substantially in accord with the draft hereof filed for public inspection in the Office of the Clerk of Council on October 13, 2009.
BE IT FURTHER RESOLVED that if any provision or item of this resolution or the application thereof is held invalid, such invalidity shall not affect other provisions, items or applications of this resolution which can be given effect without the invalid provisions, items or applications and to this end the provisions of this resolution are hereby declared severable.
BE IT FURTHER RESOLVED that all ordinances or resolutions or parts thereof in conflict herewith are hereby declared repealed.
APPROVED AS TO LEGAL FORM:
_____________________________
City Attorney’s Office
STATE OF LOUISIANA
PARISH OF EAST BATON ROUGE
SUBRECIPIENT GRANT AGREEMENT
For
NEIGHBORHOOD STABILIZATION PROGRAM (NSP)
With
CITY OF SHREVEPORT
This Grant Agreement is entered into by and between Louisiana Housing Finance Agency (hereinafter referred to as “Grantor” or “LHFA”) and the City of Shreveport (hereinafter referred to as “Subrecipient” or “Grantee”) and is made effective on the day of , 2009. LHFA and the Subrecipient may sometimes hereinafter be collectively referred to as the “Parties” and individually as a “Party”.
I. PREAMBLE
WHEREAS, under Title III of Division B of the Housing and Economic Recovery Act of 2008 (HERA), Congress authorized a program under the heading of Emergency Assistance for Redevelopment of Abandoned and Foreclosed Homes, and;
WHEREAS, the U.S. Department of Housing and Urban Development (“HUD”) commonly refers to said program as the Neighborhood Stabilization Program (“NSP”), and;
WHEREAS, Federal funds appropriated for NSP are considered Community Development Block Grant (“CDBG”) funds, and;
WHEREAS, HUD has issued notice specifying alternative requirements and regulatory waivers for the purpose of undertaking NSP activities, and;
WHEREAS, the State of Louisiana has been awarded NSP funds, and;
WHEREAS, LHFA has entered into agreement with the State of Louisiana Office of Community Development, whereby LHFA shall manage and oversee Subrecipient activities under NSP, and;
WHEREAS, Subrecipient applied for and has been approved for funding assistance in order to undertake NSP-eligible project activities.
NOW, THEREFORE, in consideration of the promises and the mutual representations, warranties, and covenants herein contained, the Parties hereby agree as follows:
II. PROJECT SUMMARY
A. Summary Description. Subrecipient will undertake an NSP-assisted activity to provide homebuyer education to prospective eligible NSP purchasers, as is more fully described in this Agreement.
B. Grant Award. LHFA, subject to the terms and conditions of this Agreement, shall make available to Subrecipient NSP funds up to the gross amount of Fifteen Thousand Five Hundred and XX/100 ($ 15,500) Dollars (“NSP Funds”) for the purpose(s) of Subrecipient’s implementation of NSP activities as described in this Agreement.
C. Time of Performance.
1. Subject to Environmental Clearance restrictions, as described in this Agreement, Subrecipient authorization to undertake activities under this Agreement shall commence on the effective date stated hereinabove. Subrecipient shall complete all activities, including entering into an agreement with Volunteers of America, necessary to satisfactorily comply with federal NSP rules governing the use/obligation of NSP funds committed to specific project activities by no later than the 30th day of August, 2010.
2. Further, Subrecipient shall complete all NSP project activities, for which funds have been satisfactorily obligated, by no later than the 30th day of August 2010. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of NSP funds or other NSP assets, including program income.
III. ENVIRONMENTAL CLEARANCE
Subrecipient shall not obligate nor expend funds for any project activity under this Agreement until notified, in writing from LHFA, that environmental review requirements pursuant to 24 CFR 570.604 has been satisfactorily completed for the project activity(s) and that a HUD-approved Request for Release of Funds and certification has been issued. LHFA’s written notice shall specify the date upon which Subrecipient may begin to obligate and expend NSP funds under this Agreement. The Subrecipient does not assume responsibility for undertaking the environmental review process under 25 CFR Part 52. However, Subrecipient shall provide LHFA with timely and accurate project information as LHFA may require in order to cause the environmental review(s) to be satisfactorily undertaken. In the event that there is a proposed change in the location or scope of a project activity, the Subrecipient shall not undertake any action to obligate or expend NSP funds in connection with the proposed change without obtaining LHFA’s prior written approval. Any such LHFA approval shall be subject to LHFA’s sole determination as to whether or not the proposed change requires an additional environmental review and clearance before any NSP funds may be committed or expended for the project activity.
IV. GENERAL CONDITIONS
A. General Compliance. The Subrecipient agrees to comply with the applicable requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including subpart K of these regulations, except as may be otherwise stated in this Agreement and as NSP regulatory waivers have been granted by HUD and alternative requirements are specified pursuant to the Housing and Economic Recovery Act, 2008. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. .
B. National Objective. HUD uses the term “low-, moderate- and middle-income” (LMMI) to refer to the national objective of the NSP program. All activities funded with NSP-CDBG funds must meet only the LMMI national objective. Note that NSP redefines and supersedes the definition of “low- and moderate-income” of the CDBG program by allowing households whose incomes exceed 80% but are no greater than 120% of area median income to qualify for NSP funds. HUD refers to this new income group as “middle income,” but continues to use the CDBG definitions of “low-income” and “moderate-income. The Subrecipient certifies that it will carry out every activity under this Agreement so as to meet the low- and moderate- income requirements of NSP as defined by HUD,
C. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an “independent contractor” with respect to the project activities to be performed under this Agreement. The Grantor shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, as the Subrecipient is an independent contractor.
D. Hold Harmless. 'The Grantee agrees to protect, defend, indemnify, save and hold harmless the Grantor, all Grantor Departments, Agencies, Boards and Commissions, their officers, agents, servants and employees, including volunteers, from and against all loss, liability, claim, demand, suit, expense arising out of injury or death to any person or the damage, loss or destruction of any property which may occur or in any way arise from any act or omission of the Grantee, its agents, servants, employees or contractors, or any and all costs, expense and/or attorney fees incurred by the Grantee, as a result of any loss, liability, claim, cause of action, demand, suit, or expense. The Grantee agrees to investigate, handle, respond to, provide defense for and defend any such claim, demand or suit at its sole expense and agrees to bear all other costs and expenses related thereto, even if such claim, demand or suit is without merit, groundless, false or fraudulent.
E. Workers’ Compensation. The Subrecipient shall maintain Workers’ Compensation and Employer’s Liability insurance coverage for all of its employees involved in the performance of this Agreement and in conformance with the laws of the State of Louisiana. Subrecipient shall also require that all contractors/subcontractors engaged in performing services or similar work on project activities maintain said insurance for the entire duration of contract work
F. Insurance. The Subrecipient shall comply with the requirements of 24 CFR 84.31 and 84.48, bonding and Insurance.
1. Subrecipient shall cause the following insurance to be carried and maintained by all construction contractors on project.
a) Commercial General Liability coverage with limits of not less than $1,000,000 for any one Occurrence, and if a General Aggregate limit is used, said coverage shall not be less than twice the Occurrence limit. Coverages are to include: Premises-Operations; Personal Injury; Products/Completed Operations, and; Contractual Liability.
2. LHFA shall be named as Additional Insured on all liability policies. Subrecipient shall not allow the commencement of work by any contractor until evidence of insurance has been provided to Grantor and determined by Grantor to be satisfactory.
3. Insurance Certificate(s) shall be provided and said Certificate(s) shall specify date(s) when such insurance expires and shall provide further that not less than thirty (30) days prior written notice of non-renewal, cancellation or any material change in such insurance shall be provided to Grantor, and shall so state. Such insurance coverage shall be written by good and solvent companies authorized by law to carry on business in the State of Louisiana, but in no event shall such insurance companies have a rating of less than “A” in the current annual edition of Best’s Insurance Report.
G. Grantor Recognition. The Subrecipient shall insure recognition of the role of the Grantor 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.
H. Amendments.
1. The Parties 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 the parties. Any amendment or modification of this Agreement shall be effective only in the specific instance and only for the purpose for which given. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantor or Subrecipient from its obligations under this Agreement.
b) LHFA 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 amendments result 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 incorporated only by written amendment signed by both LHFA and Subrecipient.
I. Suspension or Termination. In accordance with 24 CFR 85.43, the Grantor may suspend, terminate or partially terminate this Agreement for cause if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following:
1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time;
2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the Subrecipient to the Grantor reports that are incorrect or incomplete in any material respect.
If termination for cause, LHFA shall give the Subrecipient written notice specifying the Subrecipient’s failure. If within thirty (30) days after receipt of such notice, the Contractor shall not have either corrected such failure or, in the case of failure which cannot be corrected in thirty (30) days, begun in good faith to correct said failure and thereafter proceeded diligently to complete such correction, then LHFA may, at its option, place Subrecipient in default and this Agreement shall terminate on the date specified in such notice. The Subrecipient may exercise any rights available to it under Louisiana law to terminate for cause upon the failure of Grantor to comply with the terms and conditions of this contract; provided that the Subrecipient shall give LHFA written notice specifying the LHFA’s failure and a reasonable opportunity for the Grantor to cure the defect.
LHFA reserves the right to terminate this Agreement in whole or in part if there are material changes to the project that would significantly alter the terms of this Agreement and/or materially alter the feasibility of satisfactorily completing the project activities of this Agreement.
LHFA may terminate this Agreement for convenience at any time by giving thirty (30) days written notice to the Subrecipient. Upon such termination for convenience, the Subrecipient shall remain entitled to payment for deliverables in progress, to the extent that performance has been satisfactory.
J. Notices and Communications. Any notice, request, instruction or other document to be given hereunder to any party by another shall be in writing and delivered personally or sent by certified or registered mail, postage prepaid, to the addresses set forth in this Agreement. A party may change the address to which notices are to be sent to it by giving written notice of such change of address to the other parties in the manner herein provided for giving notice. Any such notice, request, instruction or other document shall be conclusively deemed to have been received and be effective on the day on which personally delivered or, if sent by certified or registered mail, on the day on which mailed. Notices shall be addressed as follows:
To the Grantor: To Subrecipient:
Louisiana Housing Finance Agency City of Shreveport
2415 Quail Drive Attn: Valerie Ervin, Housing Unit Manager Baton Rouge, LA 70808 P.O. Box 31109
Shreveport, LA 71101
V. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights Compliance. The Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, and Title VIII of the Civil Rights Act of 1968 as amended, Section 104 (B) and Section 109 of Title I of the Housing and Community Development Act of 1974, 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, 11478, 12107 and 12086.
B. Nondiscrimination. The Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 2 CFR 570.607, as revised by Executive Order 13279. 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 pay or 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 Grantor setting forth the provisions of this nondiscrimination clause.
C. Section 504. The Subrecipient agrees to comply with any federal regulations issued pursuant to compliance with 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 Grantor shall provide the Subrecipient with guidelines necessary for compliance with that portion of the Regulations in force during the term of this Agreement.
D. M/WBE. 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 the activities covered by this Agreement. As used in this Agreement, the term "minority and women-owned business enterprise “means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition," minority group members are African Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans and American Indians. The Subrecipient may rely on written representations by Sub-contractors regarding their status as minority and/or women-owned business enterprises in lieu of an independent investigation.
E. Access to Records. The Subrecipient shall cause to be furnished all information and reports required hereunder and will permit access to its books, records and accounts by the Grantor, HUD or its agent, or other authorized federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein.
F. EEO/AA Statement. Each 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.
G. Contract/Subcontract Provisions. The Subrecipient will include the provisions of Paragraphs 25.a), Civil Rights, and 25.d), Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each sub-contractor or vendor.
H. Employment Restrictions/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.
I. OSHA. Where employees of the Subrecipient 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
J. Conflict of Interest. The Subrecipient agrees to abide by the provisions of 24 CFR 84, 42 and 570.611, which include (but not limited to) the following:
1. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds.
2. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
3. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency.
K. Lobbying. The Subrecipient hereby certifies that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and
3. It will require that the language in the lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly:
4. Lobbying Certification. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
L. Religious Activities. The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(J), such as worship, religious instruction or proselytization.
M. Copyright. If this Agreement results in any copyrightable material or inventions, the Subrecipient and/or Grantor reserve the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use to authorize others to use, the work or materials for governmental purposes.
N. Governmental Subrecipients. A governmental body receiving funds from Grantor under this Agreement is subject to CDBG-NSP requirements applicable to subrecipients, Further, if subrecipient is a governmental body, it hereby certifies that is has adopted, and is enforcing the following policies:
1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and
2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within jurisdictions.
VI. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards. The Subrecipient agrees to comply with 24 CFR 84.21−28 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-122, (Non-Profit Organizations), or A-21, (Educational Institutions), or A-87 (Governmental or Quasi-Governmental), as applicable. Further, if the Subrecipient is a Governmental or Quasi-governmental agency, applicable sections of 24 CFR Part 85 “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments shall apply in lieu of references in this Agreement to 24 CFR Part 84.
B. Documentation and Record Keeping
1. Records to be maintained The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 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 the alternative National objective of LMMI as defined by HUD and as further required under the NSP;
c. Records required to determine the eligibility of activities;
d. Records required to document the services provided NSP/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 CFR 570.502, and 24 CFR 84.21−28; and
g. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.
2. Retention. The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a period of four (4) years. The retention period begins on the date of the submission of the Grantor’s annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. 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 four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later.
3. Client Data. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantor monitors or their designees for review upon request.
4. Disclosure. The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantor’s or Subrecipient’s responsibilities with respect to services provided under this contract, is prohibited unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.
5. Close-outs. The Subrecipient’s obligation to the Grantor shall not end until all close-out requirements are completed. 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 Grantor), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income.
6. Audits & Inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantor, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed 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 contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantor policy concerning Subrecipient audits and OMB Circular A-133.
C. Reporting and Payment Procedures
1. Indirect Costs. No NSP funds may be expended/committed under this Agreement for Subrecipient administrative costs. NSP funds will be disbursed on a direct cost basis only, i.e., this Agreement provides for no indirect costs payable to Subrecipient, regardless of whether or not Subrecipient has a current, federally approved indirect cost allocation plan.
2. Payment Procedures. The Grantor will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Grantor policy concerning payments. Payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed actual cash requirements. In addition, the Grantor reserves the right to liquidate funds available under this contract for costs incurred by the Grantor on behalf of the Subrecipient.
3. Progress Reports and Monitoring. The Subrecipient shall submit regular Progress Reports to the Grantor in the form, content, and frequency as required by the Grantor. Grantor will monitor the performance of the Subrecipient against goals and performance as stated in this Agreement. Substandard performance as determined by the Grantor will constitute noncompliance with this Agreement.
D. Procurement
1. Compliance. The Subrecipient shall comply with current Grantor policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantor upon termination of this Agreement.
2. OMB Standards. Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40−48.
VII. EXHIBITS
The following exhibits are attached to this Agreement, and are incorporated and made a part hereof by reference:
Exhibit A Project Description
Exhibit B Project Budget
Exhibit C Project Schedule
Exhibit D Program Income Limits
VIII. MISCELLANEOUS
1. Severability. The provisions of this Agreement are severable and if for any reason a clause, sentence, paragraph or other part of this Agreement shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision.
2. Headings. Any headings or subheadings preceding the texts of the several parts hereof shall be solely for the convenience of reference and shall not constitute a part of this Agreement, nor shall it affect its meaning, construction or effect.
3. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana. In the event of any claim or controversy arising out of this Agreement, the provisions of LSA-R.S. 39:1524 – 1526 shall apply.
4. Nonassignability. Subrecipient shall not assign any interest in this contract by assignment, transfer, or novation, without prior `written consent of LHFA. This provision shall not be construed to prohibit Subrecipient from assigning his bank, trust company, or other financial institution any money due or to become due from approved contracts without such prior written consent. Notice of any such assignment or transfer shall be furnished promptly to LHFA.
5. Waiver. Grantor’s failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. Any failure of the Grantor to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
6. Entire Agreement. This Agreement and any exhibits specifically incorporated herein by reference, constitutes the entire agreement between the Grantor and Subrecipient for the use of funds under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this Agreement.
This Agreement is signed below, in three (3) duplicate originals, by the duly authorized representatives of Subrecipient and Grantor and is made effective on the last date as is hereinafter set out.
WITNESSES:
City of Shreveport:
________________________ ___________________________
By: Cedric B. Glover, Mayor
Title:
Louisiana Housing Finance Agency
_________________________ _______________________________
By: Milton Bailey, President
EXHIBIT A
NSP Grant Agreement
Project Description
Subrecipient: City of Shreveport
Grantor: Louisiana Housing Finance Agency (LHFA)
Grant Agreement Dated: _____________________________
Project Area. Subrecipient shall only undertake this NSP-assisted project to provide Homebuyer Education and Counseling for NSP eligible persons with an interest in purchasing or renting NSP assisted units within certain geographic area(s) located in the City of Shreveport, Caddo Parish, and contained within the following Census Tract Block Groups(s): Census Tract 206, Block Groups 1 and 2; Census Tract 207, Block Groups 1 and 2; Census Tract 208, Block Groups 1 and 2 and Census Tract 219, Block Groups 1-3.
Activities Summary. Consistent with the terms and conditions of this Agreement, Contractor will:
1. Conduct three (3) information/orientation public meetings
2. Conduct twelve (12) homebuyer education classes
3. Provide homebuyer education counseling to an estimated 70 households
It is mutually agreed among the Parties that the numbers of units/properties herein-above listed may be subject to revision as final costs and other project circumstances may indicate, as the project activities are undertaken. However, Contractor may undertake no revision to the agreed project activities without prior written request (including the reason(s) for the proposed revision to LHFA and without LHFA’s written consent to Contractor, including any terms or conditions to that consent.
Detailed Project Description. Volunteers of America of North Louisiana (A HUD approved Housing Counseling Agency) in conjunction with the City of Shreveport (as applicable) will provide the Informational/Orientation seminars, Home Buyer Fair, and HUD Approved First Time Home Buyer’s Class. Twenty-six households are expected to successfully complete Homebuyer Education Training and be ready to occupy an NSP assisted unit.
1. Information/orientation meetings:
a. Contractor shall coordinate location and presentation of the meetings with those organizations identified by LHFA as developers of NSP-assisted housing within the above-described Project Area. Organizations with which Contractor shall coordinate these public meetings and all related homebuyer counseling undertaken pursuant to this Agreement; is: The City of Shreveport.
b. No less than two (2) of the public meetings shall be located within the Project Area. Of these two, both public meetings shall be located within the Census Tract-Block Groups of the Project Area.
c. One (1) additional public meeting may be held outside of the geographic boundaries of the Project Area, provided that the primary purpose of these public meetings is to solicit potential homebuyers of NSP-assisted housing within the Project Area.
d. All information/orientation meetings under this Agreement shall be advertised and specifically promoted to solicit potential homebuyers of residential property within the Project Area.
e. All meetings under this Agreement shall include an opportunity for developers of NSP-assisted property to describe the housing and potentially available purchase financing terms of the homes; shall explain homebuyer counseling requirements; and shall offer interested parties opportunities to enroll in appropriate homebuyer education courses.
f. Contractor shall provide LHFA with prior notice as to the time, date and location of each public meeting. Promptly following each public meeting, Contractor shall submit a written report to LHFA, summarizing the content, public discussion any outcomes from the meeting and stating the number of persons attending.
2. Homebuyer Education Classes:
a. Classes shall be open to all qualified residents of the Project Area plus other persons expressly stating an interest in purchasing NSP residential property in the Project Area for homeownership as principal residence.
b. Participation in homebuyer education classes shall be at no cost to the participants.
c. Classes shall provide no less than eight (8) hours of training for each participant. Course subject matter and content shall be in accordance with LHFA requirements. Contractor shall make course content and trainer qualifications available to LHFA for its review and approval.
d. In addition to course participants solicited by the Contractor, the Contractor shall also accept participant referrals from the housing development organizations listed at 1.a. under this project description.
3. Households Receiving Homebuyer Education Counseling:
a. In addition to classroom training, Contractor may provide individual, one-on-one training provided that the training hours and course content meet LHFA requirements.
b. For all persons completing homebuyer education training, Contractor shall: provide the person with a “certificate of completion” or similar acknowledgement; shall provide LHFA with a representative sample of the certificate form, and; shall provide LHFA with a list of those persons completing training. Contractor shall maintain appropriate written records for each counseling class or individual training, including records establishing each participant’s attendance.
NSP/CDBG Eligibility. LHFA has determined that Subrecipient’s proposed activities conform to the following NSP eligible uses and correlated CDBG eligible uses (as defined in HUD’s notice concerning NSP requirements as published in the Federal Register on October 6, 2008), and Subrecipient agrees to carry out activities in conformance with these NSP-CDBG eligible uses.
NSP Eligible Use (B) Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop
such homes and properties
Correlated CDBG Eligible Use
570.202 eligible rehabilitation and preservation activities for homes and other residential properties (HUD notes that rehabilitation may include counseling for those seeking to take part in the activity).
Correlated CDBG Eligible Use
24 CFR 570.201(e) Public services for housing counseling, but only to the extent that counseling beneficiaries are limited to prospective purchasers or tenants of the redeveloped properties
Signatures:
City of Shreveport Louisiana Housing Finance Agency
_______________________ ___________________________
By: Cedric B. Glover, Mayor By: Milton J. Bailey, President
EXHIBIT B
ACTIVITY: HOMEBUYING EDUCATION
(Source of funds)
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Status
(Committed, Pending, or To be Requested)
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Amount
|
LNSP Funds
|
AWARDED
|
$ 15,500
|
In-Kind Donations
|
|
$ 18,000
|
Other Funds: CDBG
|
Committed
|
$ 15,500
|
Other Funds :
|
|
$
|
Other Funds:
|
|
$
|
Total Activity Costs :
|
|
$ 49,000
|
ACTIVITY
|
NSP FUNDS
|
OTHER FUNDS
|
1. INFORMATION/ORIENTATION MEETINGS
|
Total: $
|
Total: $
|
a. Three informational/orientation public meetings
|
$ 750
|
$
|
Other Funds: In-Kind
|
$
|
$18,000
|
|
|
$
|
2. INDIVIDUAL COUNSELING SESSIONS
|
Total: $
|
Total: $
|
a. Twelve homebuyer education counseling courses plus individual counseling
|
$14,750
|
$
|
Other Funds: CDBG
|
$
|
$15,500
|
|
$15,500
|
$
|
Budget – Uses of Funds
Exhibit C, Attachment C-1 (2 pages)
PROPOSAL UPDATE
Organization: City of Shreveport
PROJECT SCHEDULE
This schedule is for the first 3 years (12 quarters): Assume the first quarter to begin July 1, 2009 and to end Sept. 30, 2009. Identify the planned benchmark accomplishments and the number of each to be completed by the end of each quarter.
|
|
|
|
|
|
|
|
|
|
|
|
|
PROGRAM TIME SCHEDULE APPLICANT NAME:
|
ACTIVITIES
|
|
|
|
|
|
|
|
|
|
|
|
|
In-take Milestones
a. Initiate referrals from NSP partner organizations
|
|
|
|
|
|
|
|
|
|
|
|
|
Homeownership Counseling
Milestones
a. Begin homebuyer education courses including 1 on 1 counseling
b.
c.
d.
e.
|
|
|
|
|
|
|
|
|
|
|
|
|
Homebuyer
Education
Milestones
a. HB Ed Households including post counseling
b.
c.
d.
e.
|
|
|
|
|
|
10
|
12
|
12
|
12
|
12
|
12
|
|
Other (specify)
Milestones
a.
b.
c.
d.
e.
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|
|
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|
|
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Total Other Funds
|
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|
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|
|
|
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|
|
|
Total LNSP Funds
|
|
|
|
|
|
|
|
|
|
|
|
|
This row LFHA Use Only
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