HomeMy WebLinkAboutContract 46898-A1 CITY SECRETARY
CONTRACT N0._4,(P=1_
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.46898
WHEREAS the City of Fort Worth ("City") and Tarrant County Housing Partnership,
Inc. ("CHDO")made and entered into City Secretary Contract No. 46898 ("Contract");
WHEREAS,the Contract provides funding to CHDO pursuant to a grant received by City
from the United States Department of Housing and Urban Development ("HUD") through the
HOME Investment Partnerships Program("HOME");
WHEREAS, a portion of City's HOME funds are reserved for the use of certain housing
development entities that qualify under the HOME Regulations as a Community Housing
Development Organization or CHDO;
WHEREAS, City has certified that CHDO is a Community Housing Development
Organization;
WHEREAS, City has awarded operating funds to CHDO for the purpose of assisting
CHDO's efforts to develop and maintain its operating capacity to expand the production of
affordable single family houses through new construction activities;
WHEREAS, CHDO has assumed more development responsibilities, which required
CHDO to incur more costs than originally budgeted, and CHDO has therefore requested
additional HOME CHDO Operating Funds;and
WHEREAS, it is the mutual desire of City and CHDO to amend the Contract to add an
additional $25,000.00 for a total Contract amount of $75,000.00 of HOME C14DO Operating
Funds in order to build CHDO's capacity and meet Contract objectives.
NOW,THEREFORE, City and CHDO hereby agree to amend the Contract as follows:
I.
Section 4.1 Provide HOME CHDO Operating Funds is amended to read as follows:
"City shall provide up to $75,000.00 of HOME CHDO Operating Funds for
eligible administration and operating expenses relating to the production of affordable
single family houses."
II.
Section 8 Additional HOME Requirements is amended to read as follows beginning in
Subsection 8.2.4 and ending with Subsection 8.8.5:
"8.2.4 Subsections 8.3.1 through 8.3.3 shall be applicable for the Contract term
to and for 5 years thereafter and shall survive the earlier termination or expiration of this
N
o Contract.
Cn MFT,
L RECORD
Amendment No. 1 to CSC No.46898 ECRETARY Page I
Tarrant County Housing Partnership,Inc.(CHDO Funds) ORTH,TX ev.03/2016
8.2.5 CHDO shall provide City annually the results of any state or federal
monitoring. Such results shall be submitted within 60 days of receipt of such state or
federal monitoring report, or with the January Reimbursement Request, whichever is
earlier.
8.3 CHDO Procurement Standards.
CHDO shall comply with all applicable federal, state and local laws, regulations,
and ordinances for making procurements under this Contract. In addition to the conflict
of interest provisions in Section 14.13.3, CHDO shall establish written procurement
procedures to ensure that materials and services are obtained in a cost-effective manner
that provides for full and open competition. When procuring materials and services for
this Contract, CHDO shall comply at a minimum with the procurement standards in 2
CFR Part 200.317 through Part 200.326.
8.3.1 Contracts in excess of$10,000.00 made by CHDO using HOME CHDO
Operating Funds must address termination for cause and convenience including the
manner by which such termination shall be effected and the basis for settlement of the
terminated contract, if any, as required by Appendix II (B), 2 CFR Part 200.
8.3.2 CHDO shall not make any contract with parties listed on the government-
wide System for Award Management, www.sam.gov ("SAM"). CHDO must confirm
by search of SAM that all contractors paid with HOME CHDO Operating Funds are not
listed by SAM as being debarred, both prior to hiring and prior to submitting a
Reimbursement Request which includes invoices from any such contractor. Failure to
submit such proofs of search shall be an event of default.
8.3.3 Cost Principles/Cost Reasonableness.
CHDO shall administer its use of HOME CHDO Operating Funds in compliance
with 2 CFR Part 200, as applicable. The eligibility of costs incurred for performance
rendered shall be determined in accordance 2 CFR Part 200.400 through 2 CFR Part
200.475.
8.3.4 Financial Management Standards.
CHDO agrees to comply with 2 CFR Part 200, as applicable. CHDO also agrees
to adhere to the accounting principles and procedures required therein, utilize adequate
internal controls, and maintain necessary supporting and back-up documentation for all
costs incurred in accordance with 2 CFR Part 200.302 and Part 200.303.
8.3.5 Uniform Administrative Requirements.
CHDO will comply with the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200, as
applicable, or any reasonably equivalent procedures and requirements that City may
require.
8.4 Terms Applicable to Contractors, Subcontractors and Vendors.
CHDO understands and agrees that all terms of this Contract, whether regulatory
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Tarrant County Housing Partnership,Inc.(CHDO Funds) Rev.03/2016
or otherwise, shall apply to any and all contractors, subcontractors and vendors of
CHDO which are in any way paid with HOME CHDO Operating Funds or who perform
any work in connection with the Program. CHDO shall cause all applicable provisions
of this Contract to be included in and made a part of any contract or subcontract
executed in the performance of its obligations hereunder including its obligations
regarding the HOME Requirements and HOME Regulations. CHDO shall monitor the
services and work performed by its contractors, subcontractors and vendors on a regular
basis for compliance with the HOME Requirements, HOME Regulations and Contract
provisions. CHDO must cure all violations of the HOME Requirements and HOME
Regulations committed by its contractors, subcontractors or vendors. City maintains the
right to insist on CHDO's full compliance with the terms of this Contract and the
HOME Requirements and HOME Regulations and CHDO is responsible for such
compliance regardless of whether actions taken to fulfill the requirements of this
Contract are taken by CHDO or by CHDO's contractors, subcontractors or vendors.
CHDO acknowledges that the provisions of this Section shall survive the earlier
termination or expiration of this Contract and shall be applicable for 5 years after the
Contract term ends.
8.5 Copyright and Patent Rights.
No reports, maps, or other documents produced in whole or in part under this
Contract shall be the subject of an application for copyright by or on behalf of CHDO.
HUD and City shall possess all rights to invention or discovery, as well as rights in data,
which may arise as a result of CHDO's performance under this Contract.
8.6 Conflict of Interest Disclosure.
In accordance with the requirements of Section 14.13.2.1 and 14.13.4, CHDO
shall establish conflict of interest policies for federal awards. CHDO shall disclose to
City in writing any potential conflict of interest.
8.7 Compliance with FFATA and Whistleblower Protections.
CHDO shall comply with the requirements of 2 CFR 300(b), including provisions
of the Federal Funding Accountability and Transparency Act ("FFATA") governing
requirements on executive compensation and provisions governing whistleblower
protections contained in 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C.
4304 and 41 U.S.C. 4310.
8.7.1 CHDO shall provide City with its Data Universal Numbering System
("DUNS") number.
8.8 Internal Controls.
In compliance with the requirements of 2 CFR Part 200.303, CHDO shall:
8.8.1 Establish and maintain effective internal control over the HOME CHDO
Operating Funds that provides reasonable assurance that CHDO is managing the HOME
CHDO Operating Funds in compliance with federal statutes, regulations, and the terms
and conditions of this Contract. These internal controls shall be in compliance with
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Tarrant County Housing Partnership, Inc.(CHDO Funds) Rev.03/2016
guidance in "Standards for Internal Control in the Federal Government" issued by the
Comptroller General of the United States or the "Internal Control Integrated
Framework" issued by the Committee of Sponsoring Organizations of the Treadway
Commission("COSO");
8.8.2 Comply with federal statutes, regulations, and the terms and conditions of
this Contract;
8.8.3 Evaluate and monitor CHDO's compliance with statutes, regulations and
the terms and conditions of this Contract;
8.8.4 Take prompt action when instances of noncompliance are identified
including noncompliance identified in audit findings; and
8.8.5 Take reasonable measures to safeguard protected personally identifiable
information and other information that HUD or City designates as sensitive or CHDO
considers sensitive consistent with applicable federal, state, local and tribal laws
regarding privacy and obligations of confidentiality.
III.
Section 11.9 Termination for Convenience is amended by substituting the following for
the first sentence:
"In terminating in accordance with 2 CFR Part 200, Appendix II, this Contract
may be terminated in whole or in part only as follows:"
IV.
Section 14.10 Compliance With All Applicable Laws and Regulations is amended by
adding the following:
➢ "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, 2 CFR Part 200 et seq.
➢ Federal Funding Accountability and Transparency Act of 2006 ("FFATA") (Pub.L.
109-282, as amended by Section 6205(a) of Pub.L. 110-252 and Section 3 of Pub.L.
113-101)
➢ Federal Whistleblower Regulations, as contained in 10 U.S.C. 2409, 41 U.S.C. 4712,
10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310."
V.
Section 14.13 Prohibition Against Interest/Conflict of Interest is amended to read as
follows:
"14.13. Conflicts of Interest and Violations of Criminal Law.
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14.13.1 CHDO Safeguards.
CHDO shall establish safeguards to prohibit its employees, board members, advisors and
agents from using positions for a purpose that is or gives the appearance of being motivated by a
desire for private gain for themselves or others, particularly those with whom they have family,
business or other ties. CHDO shall disclose to City any such conflict of interest or potential
conflict of interest, immediately upon discovery of such.
14.13.2 General Prohibitions Against Conflicts of Interest.
No employees, agents, consultants, officers or elected officials or appointed officials of
City or of CHDO who exercise or have exercised any functions or responsibilities with respect to
activities assisted with HOME CHDO Operating funds or who are in a position to participate in a
decision-making process or gain inside information with regard to these activities may utilize
HOME CHDO Operating services, may obtain a financial interest or benefit from a HOME
CHDO Operating-assisted activity, or have an interest in any contract, subcontract or agreement
with respect thereto, or the proceeds thereunder, either for themselves or those with whom they
have family or business ties, during their tenure or for 1 year thereafter, unless they are accepted
in accordance with the procedures set forth at 24 CFR Part 92.
14.13.2.1 CHDO shall establish conflict of interest policies for federal
awards including the HOME CHDO Operating Funds and shall
disclose in writing potential conflicts of interest to City as
authorized by 2 CFR Part 200.112.
14.13.3 Conflicts of Interest Involvina Procurement.
The conflict of interest provisions of 2 CFR Part 200.318 shall apply in the procurement
of property and services by CHDO. In all cases not governed by this Section, the provisions of
24 CFR Part 92 of the HOME Regulations shall apply.
14.13.3.1 As more particularly described in 2 CFR Part 200.318, CHDO
shall maintain and submit to City written standards of conduct
covering conflicts of interest and governing the performance of its
employees engaged in the selection, award, and administration of
contracts. No employee, officer, or agent may participate in the
selection, award, or administration of a contract supported by a
federal award if he or she has a real or apparent conflict of interest.
The standards of conduct must provide for disciplinary actions to
be applied for violations of such standards by officers, employees,
or agents of CHDO.
14.13.3.2 The officers, employees, and agents of CHDO shall neither solicit
nor accept gratuities, favors, or anything of monetary value from
contractors or parties to subcontracts.
14.13.3.3 Notwithstanding the prohibition contained in Section 14.13.3.2,
CHDO may set standards of conduct for situations in which the
financial interest is not substantial or the gift is an unsolicited item
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Tarrant County Housing Partnership, Inc.(CHDO Funds) Rev.03/2016
of nominal value. Such standards of conduct must provide for
disciplinary actions to be applied for violations of such standards
by CHDO's officers, employees or agents.
14.13.3.4 CHDO shall maintain written standards of conduct covering
organizational conflicts of interest. Organizational conflicts of
interest means that because of relationships with a parent company,
affiliate, or subsidiary organization, CHDO is unable or appears to
be unable to be impartial in conducting a procurement action
involving a related organization.
14.13.3.5 CHDO must maintain records sufficient to detail the history of
procurement. These records will include, but are not necessarily
limited to the following: rationale for the method of procurement,
selection of contract type, contractor selection or rejection, and the
basis for the contract price.
14.13.4 Disclosure of Conflicts of Interest.
In compliance with 2 CFR Part 200.112, CHDO is required to timely disclose to City in
writing any potential conflict of interest.
14.13.5 Disclosure of Texas Penal Code Violations.
CHDO affirms that it will adhere to the provisions of the Texas Penal Code which
prohibit bribery and gifts to public servants.
14.13.6 Disclosure of Federal Criminal Law Violations.
In compliance with 2 CFR Part 200.113, CHDO is required to timely disclose to City all
violations of federal criminal law involving fraud, bribery or gratuity violations potentially
affecting the CHDO."
VI.
Section 17 INSURANCE AND BONDING is amended by substituting the following for
the first paragraph:
"CHDO will maintain coverage in the form of insurance or bond in the amount of
$75,000.00 to insure against loss from the fraud, theft or dishonesty of any of CHDO's
officers, agents, trustees, directors or employees."
Section 17 INSURANCE AND BONDING is amended by adding the following
paragraph:
"Notwithstanding any provision in this Contract to the contrary, when
applicable, CHDO shall comply with the requirements of 2 CFR 200.310 and shall,
at a minimum, provide the equivalent insurance coverage for real property and
equipment acquired or improved with HOME CHDO Operating Funds as provided
to property owned by CHDO."
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Tarrant County Housing Partnership, Inc. (CHDO Funds) Rev.03/2016
VII.
Section 20 NOTICE is amended by substituting the following for CHDO's address:
"CHDO:
Tarrant County Housing Partnership, Inc.
4200 S. Freeway, Tower Ste. 307
Fort Worth, TX 76115
Attn: Donna VanNess, President
Telephone: 817-924-5091, ext. 3293"
VIII.
EXHIBIT "A" - CHDO Operating Expense Summary, EXHIBIT "B" — BUDGET,
and EXHIBIT "C" — REIMBURSEMENT SCHEDULE attached to the Contract are hereby
replaced with the attached EXHIBIT "A" - CHDO OPERATING EXPENSE SUMMARY
Revised 03/2016, EXHIBIT "B" — BUDGET Revised 03/2016, and EXHIBIT "C" -
REIMBURSEMENT SCHEDULE Revised 03/2016.
IX.
This amendment is effective as of the Effective Date of the Contract.
X.
All terms and conditions of the Contract not amended herein remain unaffected and in
full force and effect, are binding on the Parties and are hereby ratified by the Parties. Capitalized
terms not defined herein shall have the meanings assigned to them in the Contract.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Amendment No. 1 to CSC No.46898 Page 7
Tarrant County Housing Partnership, Inc. (CHDO Funds) Rev. 03/2016
ACCEPTED AND AGREED:
TARRANT COUNTY HOUSING CITY OF FORT WORTH
PARTNERSHIP, INC.
7
By:
D a V dent Fernando Costa, Assistant City Manager
.ATTEST: ROVED AS TO FORM AND
a A�
A ITY:
°�°
City Se �kx 5 Assistant City Attorney
M&C: C- 731 Date: 03/27/201
M&C: C-27167 Date: 02/03/2015
Form 1295 Certification:N/A
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Amendment No. 1 to CSC No.46898 Page 8
Tarrant County Housing Partnership,Inc.(CHDO Funds) Rev.03/2016
EXHIBIT "A"
CHDO OPERATING EXPENSE SUMMARY Revised 03/2016
TARRANT COUNTY HOUSING PARTNERSHIP,INC.
Capitalized terms not defined herein shall have meanings assigned to them in the Contract.
DESCRIPTION:
CHDO will provide affordable housing production services under the terms, conditions,
requirements and responsibilities of the Contract. City will make available up to $75,000.00 of
HOME CHDO Operating Funds for the sole purpose of assisting CHDO's efforts to develop and
maintain its staff and operational capacity. The HOME CHDO Operating Funds shall be used
for the reasonable and necessary administrative and operational costs for CHDO consistent with
24 CFR 92.208, and will be restricted to the items listed in Exhibit "B" — Budget Revised
03/2016. CHDO shall secure competent staff and take the necessary steps to implement an
affordable housing program within the terms of the Construction Contracts and this Contract. By
accepting HOME CHDO Operating Funds, CHDO maintains that it currently has a contract with
City for an eligible CHDO set-aside project or that it will have a project commitment no later
than 24 months from the date of this Contract.
CHDO's FY 2014-2015 Operating Budget is attached as Exhibit "A-1" —FY 2014-2015 Total
Operating Budget.
SPECIFIC PURPOSE:
CHDO will use operating funds for the administrative and operational expenses necessary to
operate the CHDO.
PROGRAM GOALS:
Provide for administration and operating activities related to the production of affordable
housing for sale to low to moderate income households earning at or below 80% of AMI.
Amendment No. 1 to CSC No.46898 Page 9
Tarrant County Housing Partnership,Inc.(CHDO Funds) Rev.03/2016
EXHIBIT "B"
BUDGET Revised 03/2016
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
HOME CDBG TCHYUTAi<.
�O 3 Counseling. AnnualAL
Rll
ecount D do ' rant Oi rattn OPiRATtNG
I $ pe ffi
budget :Budget BtIrGEr .
L
h..
Budget: A,
Salaries 2001 50,000 94,495 391,716 536,211
FICA 2002
Life Insurance 2003
Health Insurance 2004
Unemployment 2005
Worker's Compensation 2006
Retirement 2007
Telecommunication Expenses,i.e., 5001
Telephone,Cell Phone,Internet
Electric 5002 '
Gas 5003 * rc
Water and Wastewater 5004
Solid Waste Disposal 5005 '
Rent(City needs copy of lease before 5006 13,436 29,505 35,134 78,075
expenses can be reimbursed)
Custodial Services 5007
Repairs&Maintenance 5008
k
Fidelity Bond or Equivalent 6001
Directors and Officers 6002 2,090 6,272 8,362
General Commercial Liability 6003 1,497 4,490 5,987
Contract Accounting 6004 7,977 32,023 40,000
Legal Assistance 6005
TOTAL ANNUAL OPERATING $75,000 $124,000 $469,635 $668,635
BUDGET
*Shaded cells are not eligible for reimbursement with HOME funds.
Amendment No. 1 to CSC No.46898 Page 10
Tarrant County Housing Partnership,Inc.(CHDO Funds) Rev.03/2016
EXHIBIT "C"
REIMBURSEMENT SCHEDULE Revised 03/2016
TARRANT COUNTY HOUSING PARTNERSHIP,INC.
Reimbursements will be made on a quarterly basis in accordance with the schedule provided
below. Payments will be based on the line items in Exhibit "B" —Budget. CHDO must submit
Complete Documentation and Reimbursements Requests within 30 days of the end of the quarter
for which payment is requested. For example, the Reimbursement Request for payment for
October 2014-December 2014, should be received by January 30, 2015, unless waived by City in
writing. The amounts listed below are estimates and may vary from month to month depending
on the needs of the CHDO.
Quarter Due Date Amount
October 2014-December 2014 January 30, 2015 $18,750.00
January 2015-March 2015 Aril 30, 2015 $18,750.00
A ri12015-June 2015 July 30, 2015 $18,750.00
July 2015-September 2015 October 30, 2015 $18,750.00
TOTAL $75,000.00
In the alternative, CHDO may submit, with City approval, Reimbursement Requests which
include multiple months of expenses. CHDO may also, with City approval, submit
Reimbursement Requests more than 30 days from the deadlines shown above.
Amendment No. 1 to CSC No.46898 Page I I
Tarrant County Housing Partnership,Inc.(CHDO Funds) Rev.03/2016