HomeMy WebLinkAboutContract 39243 (2)CONTRACT FOR HOMELESSNESS PREVENTION AND
RAPID RE -HOUSING PROGRAM SERVICES
THIS contract ("Contract") is made and entered into by and between the City of Fort
Worth ("City"), whose address is 1000 Throckmorton St., Fort Worth, Texas 76102, acting by
and through T. M. Higgins, its duly authorized Assistant City Manager, and Catholic Charities,
Diocese of Fort Worth, Inc. ("Contractor"), whose address is 2701 Burchill Rd N, Fort Worth,
Texas, 76105, acting by and through Heather Reynolds its duly authorized President/CEO
(Sometimes City and Contractor are referred to individually as a "Party" and collectively as the
"Parties".)
WHEREAS, City has received grant monies from the United States Department of
Housing and Urban Development ("HUD") from the Homelessness Prevention Fund, hereinafter
referred to as the "Homelessness Prevention and Rapid Re -Housing Program ("HPRP")", under
Title XII of the American Recovery and Reinvestment Act of 2009 ("Recovery Act");
WHEREAS, Congress intends that the purpose of the HPRP is to target and prioritize
households that are most in need of temporary assistance and are most likely to achieve stable
housing by providing financial assistance and services to either prevent individuals and families
obecoming homeless or help those who are experiencing encing homelessness to be quickly re-
housed and stabilized;
WHEREAS, on May 18, 2009 City put out a request for proposals for HPRP-eligible
programs within the City of Fort Worth;
WHEREAS, the City's Community Development Council ("CDC") evaluated responses
to City's request for proposals for HPRP-eligible programs, and made recommendations to the
City Council for the award of contracts based on the responses to the request for proposals;
WHEREAS, the City Council held public hearings relating to the award of contracts for
the HPRP on August 11, 2009 and August 18, 2009; and
WHEREAS, City citizens, the CDC, and the City Council have determined that HPRP
services are needed by certain of the City's low and moderate -income citizens.
NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH:
THAT, the Parties covenant and agree as follows:
1. Scope of Services
a. Contractor will administer Prevention services to citizens of the City of Fort Worth
("Program"), for the term September 1, 2009 to August 31, 2011.
b. Contractor will be responsible for administering Prevention services in a manner
satisfactory to City and consistent with any standards required as a condition of providing
the HPRP funds (as hereinafter defined), including those conditions set forth in the
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attached Exhibit A -Scope of Services and Exhibit B-Program Requirements.
Contractor shall participate in HPRP training provided by City.
c. The activities performed by Contractor under this Contract shall be one or more of the
following eligible activities under the HPRP program (referred to herein as "Eligible
Activity" or "Eligible Activities")* financial assistance, housing relocation and
stabilization services, data collection and evaluation, and/or administrative costs.
d. Contractor agrees to perform Eligible Activities benefiting homeless persons, or persons
at risk of becoming homeless.
e. Contractor shall utilize City's intake requirements for Program participants and shall
comply with the City of Fort Worth's HPRP Technical Assistance Handbook, a copy of
which Contractor certifies it has received. Contractor shall ensure that there is a clear
documented process utilizing City's intake requirements for determining the type, level
and duration of assistance for each Program participant. Contractor shall require that all
Program participants receiving assistance under this Contract are within households that
are (1) at or below fifty percent (50%) of Area Median Income (AMI) as defined by
HUD; (2) either homeless or at risk of losing its housing, and meet both of the following
requirements: (a) no appropriate subsequent housing options have been identified and (b)
the household lacks the financial resources and support networks needed to obtain
immediate housing or remain in its existing housing. Specifically, Contractor will
provide the services and activities as set forth in accordance with Exhibit C-Program
Services Schedule.
f. Contractor shall maintain full documentation supporting fulfillment of all Eligible
Activities performed under this Contract in its files. All such documentation shall be
furnished to City upon request if necessary for City to fulfill its obligations under its
Federal grant. If this documentation is not maintained and furnished to City on request,
City may exercise all remedies available under this Contract, including the right to
withhold payment to Contractor on this Contract or any other contract with Contractor, or
terminate this Contract as described herein.
g. City will monitor and evaluate Contractor's performance using the goals and performance
standards required in this Contract. Substandard performance as determined by City
monitoring will constitute non-compliance with this Contract. If action to correct such
substandard performance is not taken by Contractor within a reasonable period of time
after being notified in writing by City, procedures to suspend or terminate the Contract
will be initiated.
h. Contractor agrees to take reasonable steps to ensure meaningful access to the Program
and associated activities by limited English proficient persons, pursuant to Title VI of the
Civil Rights Act of 1964. In addition, all notices and communications regarding the
Program shall be provided in a manner that is effective for persons with hearing, visual,
and other communication -related disabilities, consistent with section 504 of the
Rehabilitation Act of 1973 and implementing regulations at 24 CFR 8.6.
i. Certain activities are expressly prohibited to be funded under this Contract, including but
not limited to mortgage costs; costs needed by homeowners to assist with any fees, taxes,
or other costs of refinancing a mortgage; construction or rehabilitation; credit card bills or
other consumer debt; car repair or other transportation costs; travel costs food; medical or
dental care and medicines; clothing and grooming; home furnishings; pet care;
entertainment activities; work or education related materials, cash assistance; discharge
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planning programs in mainstream institutions such as hospitals, jails or prisons;
certifications, licenses and general training classes for case managers and Program
administrators.
j. Contractor may terminate assistance to a Program participant who violates Program
requirements. Contractor may resume assistance to a Program participant whose
assistance was previously terminated. In terminating assistance to a Program participant,
Contractor must provide a formal process that recognizes the rights of individuals
receiving assistance to due process of law. The process, at a minimum, must consist of
the following:
(1) Written notice to the Program participant containing a clear statement of the
reasons for termination;
(2) A review of the decision, in which the Program participant is given the
opportunity to present written or oral objections before a person other than the
person (or a subordinate of that person) who made or approved the termination
decision; and
(3) Prompt written notice of the final decision to the Program participant.
Contractor must retain, and provide to City, discharge documentation pertaining to the
process and to the termination of any Program participant, if any, from the Program. At a
minimum, Contractor shall ensure the documentation relating to each step of the
termination process of a Program participant is retained.
2. Compensation and Method of Payment
a. City will disburse HPRP funds ("HPRP Funds") in an amount up to SEVEN HUNDRED
SIXTY FIVE THOUSAND, THREE HUNDRED FOURTY FIVE AND 06/100
DOLLARS ($765,345.06) Contractor on a reimbursement of expenses basis. Contractor
is acting as a subrecipient for the purposes of this contract in carrying out the eligible
activities as set fort in Exhibit A -Scope of Services.
b. Payment will be processed by City following receipt from Contractor of the following
monthly financial documents: (1) Attachment I- Request For Funds, (2) Attachment
II -Detail Statement of Costs, and (3) Attachment III -Expenditures Worksheet.
Payent by City to Cont r�lractor shall require conipietion of all City forms and copies of
adequate supporting documentation verifying eligibility of expenses as well as, where
applicable, eligibility of Program participants. Reimbursement for the payment of
eligible expenses shall be made against the budget specified in Exhibit D-Program
Operating Budget and in accordance with performance specified in Exhibit C-Program
Services Schedule. City will not disburse funds for expenditures that occurred prior to
the beginning date of the term of this Contract.
c. Contractor agrees to utilize all disbursed HPRP Funds for the benefit of the Program.
Contractor agrees that all funds will be expended in accordance with Exhibit D-Program
Operating Budget. Contractor may not increase or decrease line -item amounts in the
approved HPRP Funds portion of Exhibit D-Program Operating Budget without City's
prior written approval. Budget revisions must be submitted one month prior to
implementation but no revisions will be accepted by City after July 15, 2011. Any HPRP
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Funds not used in accordance with the Recovery Act, any other applicable federal laws
and regulations, and the terms of this Contract will be repaid to City.
d. It is understood that the total cost for operation of this Program is $765,345.06.
e. Contractor must expend sixty percent (60%) of the HPRP Funds granted hereunder by
August 31, 2010.
f. Contractor will ensure that HPRP Funds are not treated in any manner that would prevent
City from readily identifying expenditures for operation of the Program.
3. Administrative Requirements and Program Management Standards
a. Financial Management
i. Accounting Standards
Contractor agrees to comply with OMB Circular A-110, "Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and other Non -Profit Organizations", 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.
lie Cost Principles
Contractor shall administer the Program in conformance with OMB Circular A422,
"Cost Principles for Non -Profit Organizations" and attachments and revisions thereto,
regarding principles for determining costs for the Program.
b. Documentation and Record Keeping
i. Requirement
Contractor shall maintain all records pertinent to the activities to be funded under this
Contract. In addition, Contractor agrees to keep records to fully document all
expenditures charged to the Program, including records documenting the eligibility of
Program participants as more particularly described herein. The documentation must
support the amounts charged to the Program, the eligibility of the Program
participants, and demonstrate that the expenditures were appropriate to the stated
goals of the Program and allowable and/or eligible under applicable Federal, state and
City guidelines, as specified in Exhibit B-Program Requirements.
lie Retention
All records pertaining to Program, including but not limited to any books, documents,
and papers, shall be retained for four (4) years following the termination of this
Contract Contractor may destroy Program records at the end of this four (4) year
period if no outstanding audit finding exists. This provision shall survive the
termination or expiration of this Contract.
iii. Closeouts
Contractor's obligation to City shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but are not limited to:
making final payments, and determining the custodianship of records, and verification
of compliance with all record retention requirements set forth herein.
iv. Audits and Inspections
(1) City, HUD, and the United States Comptroller General, or their respective
representatives, shall have access for four (4) years following the termination of
this Contract to any books, documents, records and papers relating to the
operations of Contractor under this Contract for the purpose of audit,
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examination, exception and transcription at all of Contractor's offices at all
reasonable hours. This provision shall survive the termination or expiration of
this Contract.
(2) All non-federal entities that expend $500,000 or more in Federal funds within one
(1) year, regardless of the source of the Federal award, must submit to City an
annual audit prepared in accordance with 24 CFR Sections § 570.502-570.503
generally (known as a "Single Audit"), with specific reference to OMB Circulars
(with attachments) A-122, "Cost Principles for Non -Profit Organizations", and A-
133, "Audits of States, Local Governments, and Non -Profit Organizations", as
appropriate. The audit may cover either Contractor's fiscal year during which this
Contract is in force or cover the period of this Contract. The audit must be
prepared by an independent certified public accountant, be completed within nine
(9) months following the end of the period being audited and be submitted to City
within thirty (30) days of its completion. Contractor's audit certification is
attached hereto as Exhibit E - Audit Certification Form. The Audit
Certification Form must be submitted to City within sixty (60) days of the end of
the period being audited (Contractor's fiscal year). Costs of preparation of this
audit may be an allowable expenditure of HPRP Funds in an amount proportional
to that of the HPRP Funds used in Contractor's total agency operating budget.
Non-profit entities that expend less than $500,000 a year in Federal funds are
exempt from Federal audit requirements for that year, but shall provide City with
a copy of any other financial audit or audited financial statements prepared during
the Contract term, and records must be available for review or audit by
appropriate officials of the Federal agency, City, and General Accounting Office
("GAO").
(3) City reserves the right to perform an audit of Contractor's agency operations and
finances at any time during the term of this Contract, if City determines that such
audit is necessary for City's compliance with OMB Circular A433. Contractor
agrees to allow access to all relevant books, records and materials. If such audit
reveals a questioned practice or expenditure, such questions must be resolved
within thirty (30) days after notice to Contractor. If questions are not resolved
within this period, City reserves the right to withhold further funding under this
Contract and/or any other contract(s) with Contractor.
(4) If as a result of any audit it is determined that Contractor has misused, misapplied
or misappropriated all or any part of the HPRP Funds, Contractor agrees to
reimburse the City the amount of such monies so misused, misapplied or
misappropriated, plus the amount of any sanction, penalty or other charge levied
against City because of such misuse, misapplication or misappropriation.
(5) Contractor agrees that the City shall have access to any and all of Contractor's
programmatic operations and financial information pertaining to the Program in
order to monitor all activities performed by Contractor pursuant to this Contract to
ensure that the Program requirements established by HUD and the City are being
met.
4. Reporting Procedures
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a. Financial Reports
Contractor will submit to City on a monthly basis: (1) Attachment I -Request for Funds,
(2) Attachment II -Detailed Statement of Costs, (3) Attachment III -Expenditures
Worksheet, as applicable, for expenses incurred for services and activities accomplished
by Contractor in performance of this Contract. Actual cash receipts for claimed
expenditures must be provided at the time the request for funds is presented. The reports
must be signed by a duly authorized agent of the Contractor and submitted by the 5th of
the month following the month being reported. City is under no obligation to disburse
funds for expenditures that occurred prior to the first day of the month for which the
report is submitted.
b. Progress Reports
i. Contractor will submit to City on a monthly basis: (1) HMIS monthly report and
(2) Attachment IV -Performance Report, The report will be signed by a duly
authorized agent of Contractor and submitted by the 5th of the month following
the month that is reported. City is under no obligation to disburse funds for
expenditures that occurred prior to the beginning date of this Contract.
ii. Contractor will submit to the City on a quarterly basis: (1) HMIS monthly report
These quarterly reports shall be due on October 5; January 5, April 5, and July 5
of each calendar year this Contract is in effect.
c. Procurement
i. Compliance
Contractor shall comply with City policy concerning the purchase of equipment and
shall maintain inventory records of all non -expendable personal property, as defined
by such policy, procured with funds provided under this Contract.
lit OMB Standards
Contractor shall procure all materials, property, or services in accordance with the
requirements of 24 CFR Part 84, Procurement Standards and Property Standards, as
modified by 24 CFR Part 570.502(b)(6), covering utilization and disposal of property.
d. Program Participant Records
i. Contractor will keep or cause to be kept an accurate record of all actions taken and all
HPRP Funds expended, with source documents, in performance of this Contract.
Such records shall be kept for the time period mandated by the Federal laws and
regulations and this Contract.
no Contractor will obtain and keep on file and furnish to City on request the following
information and/or documentation on each Program participant served by the
Program demonstrating such participant's eligibility for services provided:
a. Participant's name, address, annual income level or other basis for determining
income eligibility, and family size of participant's household.
b. Source documentation used for income verification shall be the same source
documentation required under HUD's Section 8 program in 24 CFR Part 5,
including but not limited to pay check stubs, food stamp award letters, income tax
returns, SSI award letters, letters awarding unemployment benefits, W2s and the
like.
c. Proof that evaluation and certification of the eligibility of Program participants
receiving rental assistance has been performed once every three (3).
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d. City shall have the final determination, in its sole discretion, as to whether source
documentation used for income verification is adequate and whether the proof of
eligibility evaluation and certification is sufficient.
in. For any rental assistance granted by Contractor to a Program participant,
documentation of the following requirements shall be maintained by Contractor:
a. Rental assistance paid does not exceed actual rental cost.
b. Rental cost is in compliance with HUD's standard of "rent reasonableness."
"Rent reasonableness" means that the total rent charged for a unit must be
reasonable in relation to the rents being charged during the same time period for
comparable units in the private unassisted market and must not be in excess of
rents being charged by the owner during the same time period for comparable
non -luxury unassisted units.
c. Rental assistance paid does not cover the same time period and is not for the same
cost types that are being provided through another federal, state or local housing
subsidy program.
d. Habitability standards as required in the HUD Notice (as hereinafter defined)
have been and are being met.
iv. For HPRP Funds used to pay security deposits, including utility deposits, Contractor
will document that the deposits do not cover the same cost types as another housing
subsidy program.
v. For HPRP Funds used for utility payments, Contractor shall document the following:
a. HPRP Funds were used for no more than eighteen (18) months of utility payments,
including up to six (6) months of utility payments in arrears; and
b. The Program participant or a member of his/her household has an account in
his/her name with a utility company or proof of responsibility to make utility
payments, such as cancelled checks or receipts in his/her name from a utility
company.
via For HPRP Funds used for moving cost assistance, Contractor shall document that
the HPRP Funds were used for reasonable moving costs, such as truck rental,
hiring a moving company, or short-term storage fees for a maximum of three (3)
months or until the Program participant is in housing, whichever is shorter.
vii. For HPRP Funds used for motel and hotel vouchers, Contractor shall document
that the voucher was for no more than thirty (30) days and that the voucher was
reasonable and appropriate due to (1) the lack of appropriate, available shelter beds
and (2) unavailable but identified rental housing for the Program participant.
e. Contractor shall participate in a local Continuum of Care's Homeless Management
Information System ("HMIS") to ensure that the Program meets the Federal goal that
localities collect an array of unduplicated data on the number and characteristics of
homeless persons. Continuums of Care are local bodies that plan for and coordinate
homeless services. HUD's standards for participation in a local HMIS are set forth in the
Federal Register, July 30, 2004. The local Continuum of Care is Fort
Worth/Arlington/Tarrant County CoC (TX-601). Contractor shall submit documentation
to the City for such participation on quarterly basis in the form of an HMIS quarterly
report.
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5. Reversion of Assets
a. All property purchased with HPRP Funds under this Contract will be used solely for
operation of the Program. Contractor agrees to obtain City approval prior to purchase of
property and Contractor agrees to notify City upon receipt of property so that it may be
properly tagged and inventoried. Title to such property will be vested in City, and
Contractor will deliver all such property to City for disposition at City's sole discretion at
the termination of the Program.
6. Applicable Laws
a. Federal
Contractor agrees to comply with the following laws and the applicable regulations as
they are currently written or are hereafter amended during performance of this Contract:
• Title I of the Housing and Community Development Act of 1974 (42 USC 5301 et
seq.)
• The Recovery Act
• HUD Notice of Allocations, Applications Procedures, and Requirements for
Homelessness Prevention and Rapid Re -Housing Program Grantees under the
American Recovery Reinvestment Act of 2009, FR-5307-N-I ("HUD Notice")
• Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(42 USC 4601 et seq.) and its related regulations at 49 CFR Part 24
• Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.)
• Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.)
• Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by
the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et
seq.) and implementing regulations at 24 CFR part 35, subparts A, B, M, and R
• Uniform Administrative Requirements of 24 CFR part 85
• McKinney-Vento Homeless Assistance Act (42 USC 11302)
• Executive Orders 11063, 11246, as amended by Executive Orders 11375 and 12086
anA as supplemented by 41 CFR Part 60
• The Age Discrimination in Employment Act of 1967 (29 USC 621)
• The Age Discrimination Act of 1975 (42 USC 6101 et seq.)
• Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part
8 where applicable
• The Americans with Disabilities Act of 1990 (42 USC 12101)
• National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq.
("NEPA") and the related authorities listed 24 CFR Part 58
• The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of 1977,
as amended (33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part 15,
as amended from time to time, and Executive Order 11738. In no event shall any
amount of the assistance provided under this Contract be utilized with respect to a
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facility that has given rise to a conviction under the Clean Air Act or the Clean Water
Act.
• The Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.), specifically
including the provisions requiring employer verification of the legal status of its
employees
• The Housing and Community Development Act of 1987 (42 USC 5301 et seq.)
• The Americans with Disabilities Act of 1990 (42 USC 12101 et seq.)
• Drug Free Workplace Act of 1988 (41 USC 701 et seq.), 24 CFR Part 21, and 24 CFR
Part 23, Subpart F
• Regulations at 24 CFR Part 87 related to lobbying, including the requirement that
certifications and disclosures be obtained from all covered persons
• Executive Order 12549 and 24 CFR Part 5.105 (c) pertaining to restrictions on
participation by ineligible, debarred, or suspended persons or entities
• Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act
• Guidelines of the Environmental Protection Agency at 40 CFR Part 247
• Mandatory standards and policies relating to energy efficiency which are contained in
the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94A 163, 89 Stat. 871)
• For contracts and subgrants for construction or repair, Copeland "Anti -Kickback" Act
(18 U.S.C. 874) as supplemented in 29 CFR Part 3
• For construction contracts in excess of $2,000 awarded by Contractor when required
by Federal grant program legislation, Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as
supplemented in 29 CFR Part 5
• For construction contracts awarded by Contractor in excess of $2,000, and in excess
of $2,500 for other contracts which involve the employment of mechanics or laborers,
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 327A 330) as supplemented by 29 CFR Part 5.
b. Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC
1701u et seq.) and its related regulations at 24 CFR Part 135
If the work to be performed under this Contract is on a project assisted under a program
providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38
("Section 3") requires that the following clause be inserted in all covered contracts
("Section 3 Clause"):
"A. The work to be performed under this contract is subject to the requirements of section
3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u
(section 3). The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD -assisted projects
covered by Section 3, shall, to the greatest extent feasible, be directed to low- and
very low-income persons, particularly persons who are recipients of HUD assistance
for housing.
B. The Parties to this contract agree to comply with HUD's regulations in 24 CFR Part
135, which implement Section 3. As evidenced by their execution of this contract,
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the Parties to this contract certify that they are under no contractual or other
impediment that would prevent them from complying with the Part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers
with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers'
representative of the contractor's commitments under this section 3 clause, and will
post copies of the 1lotice ill conspicuous places at the work site where both employees
and applicants for training and employment positions can see the notice. The notice
shall describe the Section 3 preference, shall set forth minimum number and job titles
subject to hire, availability of apprenticeship and training positions, the qualifications
for each; and the name and location of the person(s) taking applications for each of
the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR Part 135, and agrees to take appropriate
action, as provided in an applicable provision of the subcontract or in this Section 3
clause, upon a finding that the subcontractor is in violation of the regulations in 24
CFR Part 135. The contractor will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor has been found in violation
of the regulations in 24 CFR Part 135.
E. The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR
Part 135 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 CFR Part 135.
F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
G With respect to work performed in connection with Section 3 covered Indian housing
assistance, section 7(b) of the Indian Self -Determination and Education Assistance
Act (25 U.S.C. 450e) also applies to the work to be performed under this contract.
Section 7(b) requires that to the greatest extent feasible (1) preference and
opportunities for training and employment shall be given to Indians, and (ii)
preference in the award of contracts and subcontracts shall be given to Indian
organizations and Indian -owned Economic Enterprises. Parties to this contract that
are subject to the provisions of section 3 and section 7(b) agree to comply with
Section 3 to the maximum extent feasible, but not in derogation of compliance with
section 7(b)."
City and Contractor understand and agree that compliance with the provisions of Section
3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD
shall be a condition of the Federal financial assistance provided to the Program, binding upon
City and Contractor, and their respective successors, assigns and subcontractors. Failure to
fulfill these requirements shall subject Contractor and its subcontractors, and their respective
successors and assigns, to those sanctions specified by the Grant Agreement through which
Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135,
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c. Other Laws
Contractor covenants and agrees that its officers, members, agents, employees, Program
participants and subcontractors shall abide by and comply with all other laws, Federal,
state and local, relevant to the performance of this Contract, including all applicable City
ordinances. Contractor further promises and agrees that it has read, and is familiar with,
the terms and conditions of the HUD Notice and that it will fully comply with it. It is
agrccu MU UndcrstivULL that, if City 11Ut111es CUIMUUtUr Uf ally 6Ul%11 V1U1Gt1U11 011 t11C PUR Uf
Contractor or any of its officers, members, agents, employees, Program participants or
subcontractors, then Contractor shall immediately desist from and correct such violation.
7. Nondiscrimination
a. Contractor will not unlawfully discriminate against any person or persons because of sex,
race, religion, age, disability, color, national origin, or familial status, nor will Contractor
permit its officers, members, agents, employees, subcontractors or Program participants
to engage in such discrimination.
b. Contractor covenants that neither it nor any of its officers, members, agents, employees,
Program participants or subcontractors, while engaged in performing this Contract, shall,
in connection with the employment, advancement or discharge of employees or in
connection with the terms, conditions or privileges of their employment, discriminate
against persons because of their age except on the basis of bona fide occupational
qualification, retirement plan or statutory requirement.
c. Contractor further covenants that neither it nor its officers, members, agents, employees,
subcontractors, Program participants, or persons acting on their behalf, shall specify, in
solicitations or advertisements for employees to work on this Contract, a maximum age
limit for such employment unless the specified maximum age limit is based upon a bona
fide occupational qualification, retirement plan or statutory requirement.
d. In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), Contractor warrants that it and any and all of its subcontractors will not
unlawfully discriminate on the basis of disability in the provision of services to the
general public, nor in the availability, terms and/or conditions of employment for
applicants for employment with Contractor, or employees of Contractor or any of its
subcontractors. Contractor warrants it will fully comply with ADA's provisions and
any other applicable Federal, state and local laws concerning disability and will
defend, indemnify and hold City harmless against any claims or allegations asserted
by third parties or subcontractors against City arising out of Contractor's and/or its
subcontractors' alleged failure to comply with the above -referenced laws concerning
disability discrimination in the performance of this Contract.
e. This Contract is made and entered into with reference specifically to the ordinances
codified at Chapter 17, Article III, Division 3 "Discrimination in Employment Practices",
of the City Code, and Contractor hereby covenants and agrees that Contractor, its
officers, members, agents, employees and subcontractors, have fully complied with all
provisions of same and that no employee, employee -applicant or Program participant has
been discriminated against by the terms of such ordinances by either the Contractor or its
officers, members, agents, employees or subcontractors.
HPRP CONTRACT Rev. 09.22.09
Catholic Charities -Prevention Page 11
f. Contractor shall comply with all applicable fair housing and civil rights requirements in
24 CFR 5.105(a). Contractor shall make it known to the public that HPRP rental
assistance and services are available to all on a nondiscriminatory basis and shall ensure
that all citizens have equal access to information about HPRP and equal access to the
financial assistance and services provided under the Program. Contractor has a duty to
affirmatively further fair housing opportunities for classes protected under the Fair
Housing Act, which protected classes include race, color, national origin, religion, sex,
disability, and familial status.
g. City shall not discriminate against Contractor on the basis of the organization's religious
character or affiliation, if applicable. If Contractor is a religious organization, Contractor
shall not engage in inherently religious activities as part of the Program, though
Contractor may engage in such activities if they are offered separately, in time or
location, from the Program, and participation must be voluntary for Program participants.
Contractor, if it is a faith -based organization, may use space in its facilities to provide
I-IM funded services, without removing religious art, icons, scriptures, or other
religious symbols. Contractor shall not, in providing Program assistance, discriminate
against a Program participant or prospective Program participant on the basis of religion
or religious belief.
8. Prohibition Against Interest
a. No member, officer or employee of City or its designees or agents; no member of the
governing body of the locality in which the Program is situated; and no other public
official of such locality or localities, who exercises any functions or responsibilities with
respect to the Program funded hereunder during his or her tenure or for one year
thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the
proceeds thereof, for work to be performed hereunder. Contractor shall incorporate, or
cause to be incorporated, like language prohibiting such interest in all contracts and
subcontracts entered into in connection with the Program.
b. No member, officer, employee, or Program participant of Contractor or its subcontractors
shall have a financial interest, direct or indirect, in this Contract or the HPRP Funds
transferred hereunder or be financially interested, directly or indirectly, in the sale to
Contractor of any land, materials, supplies or services purchased with any HPRP Funds
transferred hereunder, except on behalf of Contractor, as an officer, employee, member or
Program participant. Any willful violation of this paragraph with the expressed or
implied knowledge of Contractor or its subcontractors shall render this Contract voidable
by City.
9. Minority and Woinen Business Enterprise CoJnnzitnZent
Contractor agrees to abide by City's policy to involve Minority and Women Business
Enterprises ("MWBEs") in all phases of its procurement practices and to provide them an
equal opportunity to compete for contracts for construction, provision of professional
services, purchase of equipment and supplies and provision of other services required by
City. Contractor agrees to incorporate City Ordinance No. 15530, and all amendments or
HPRP CONTRACT Rev. 09.22.09
Catholic Charities -Prevention Page 12
successor policies thereto, into all contracts and will further require all persons or entities
with whom it contracts to comply with said MVWBEs policy.
10. Non -Assignment
No assignment or delegation of duties under this Contract by Contractor shall be effective
without City's prior written approval. If City approves any such assignment or delegation of
duties, Contractor shall ensure that all requirements of this Contract are enforced and
maintained by any subcontractor or assignee by means of a currently executed written
agreement covering the Contract term, a copy of which shall be made available to the City.
11. Independent Contractor
a. Contractor shall operate hereunder as an independent contractor and not as an officer,
agent, servant or employee of City. Contractor 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, subcontractors, Program participants,
licensees or invitees. The doctrine of respondeat superior shall not apply as between City
and Contractor, its officers, members, agents, servants, employees, subcontractors,
Program participants, licensees or invitees, and nothing herein shall be construed as
creating a partnership or joint enterprise between City and Contractor. It is expressly
understood and agreed that no officer, member, agent, employee, subcontractor, licensee
or invitee of the Contractor, nor any Program participant hereunder, is in the paid service
of City and that City does not have the legal right to control the details of the tasks
performed hereunder by Contractor, its officers, members, agents, employees,
subcontractors, Program participants, licensees or invitees.
b. City shall in no way nor under any circumstances be responsible for any property
belonging to Contractor, its officers, members, agents, employees, subcontractors,
Program participants, licensees or invitees, which may be lost, stolen, destroyed or in any
way damaged; and Contractor hereby indemnifies and holds harmless City and its
officers, agents, and employees from and against any and all claims or suits.
12. Indemnification, Insurance and Bonding
A
. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE
EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR
NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS,
ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN,
HPRP CONTRACT Rev. 09.22.09
Catholic Charities -Prevention Page 13
WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY; AND CONTRACTOR
HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND
ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE
OF THIS CONTRACT AND AGREEMENT AND/OR THE OPERATIONS,
ACTIVITIES AND SERVICES OF THE PROGRAMS DESCRIBED HEREIN,
WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY. CONTRACTOR
LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY
AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY,
DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR
IN CONNECTION WITH ALL ACTS OR OMISSIONS OF CONTRACTOR, ITS
OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS,
INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS, OR CAUSED, IN
WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF
CITY.
CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO
PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH,
DAMAGE OR LOSS IS CAUSED BY THE CITY'S SOLE OR CONCURRENT
NEGLIGENCE.
CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO
INCLUDE IN THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN
FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE.
b. Contractor will maintain blanket fidelity coverage in the form of a bond in the amount of
$765,345.06to insure against loss from the fraud, theft or dishonesty of any of
Contractor's officers, agents, trustees, directors or employees. The proceeds of such bond
shall be used to reimburse City for any and all loss of HPRP Funds occasioned by such
misconduct. To effectuate such reimbursement, such bond shall include a rider stating
that reimbursement for any loss or losses thereunder shall be made directly to City for the
uses and benefit of Contractor.
c. Contractor shall furnish certificates of insurance as proof that it has secured and paid for
policies of workers' compensation, public liability and automobile liability insurance
HPRP CONTRACT' Rev. 09.22.09
Catholic Charities -Prevention Page 14
covering all risks incident to or in connection with the execution, performance, attempted
performance or nonperformance of this Contract. The amounts of such insurance shall
not be less than the maximum liability that can be imposed on City under the laws of the
State of Texas. Contractor understands and agrees that such insurance amounts may be
revised upward at City's option and that Contractor shall revise such amounts within
thirty (30) days following notice to Contractor of such requirements.
d. Contractor will submit documentation to City that it has obtained insurance coverage and
has executed bonds as required in this contract within thirty (30) days of the execution of
this Contract and prior to payment of any monies hereunder.
e. Any failure on part of the City to request certificate(s) of insurance shall not be construed
as a waiver of such requirement or as a waiver of the insurance requirements themselves.
Issuers of Contractor insurance policies shall be licensed to do business in the State of
Texas by the Department of Insurance or be otherwise eligible and authorized to business
in the State of Texas. Insurers shall be acceptable to City insofar as their financial
strength and solvency and each such company shall have a current minimum A.M. Best
Key Rating Guide rating of A: VII or other equivalent insurance industry standard rating
unless otherwise approved by City. Deductible limits on insurance policies shall not
exceed $5,000 per occurrence unless otherwise approved by City.
£ Any local, federal or other regulatory insurance or bonding requirements for the Program
that exceed those specified herein shall prevail.
g. Contractor shall agree to require its subcontractors to maintain applicable insurance
coverages, limits, and other requirements as those specified herein; and, Contractor shall
require its subcontractors to provide Contractor with certificate(s) of insurance
documenting such coverage. Also, Contractor shall require its subcontractors to have
City and Contractor endorsed as additional insured (as their interests may appear) on their
respective insurance policies. Contractor shall require its subcontractors to maintain
builders risk insurance at the limit of applicable project(s) costs when the value of
materials involved exceeds $10,000 or at a different limit value limit as specified by City.
13. Waiver of Immunity
If Contractor is a charitable or nonprofit organization and has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury, including
death, to persons or property, Contractor hereby expressly waives its rights to plead
defensively such immunity or exemption as against City. This section shall not be construed
to affect a governmental entity's immunities under constitutional, statutory or common law.
14. Remedies for Breach of Contf°act
Upon identification of possible breaches of contract, and prior to exercising its termination
rights under this Contract, City may elect to exercise any of the following administrative
remedies:
a. issuance of a warning letter indicating that further failure to comply with applicable
requirements will result in serious sanction and giving Contractor a limited time to correct
the deficiency;
b. placing conditions upon award of future grants;
HPRP CONTRACT' Rev. 09.22.09
Catholic Charities -Prevention Page 15
c. directing Contractor to stop incurring costs until the deficiency is corrected and the
correction is verified;
d. requiring repayment of previously reimbursed grant funds; or
e. reducing the amount of pending grant awards or disallowing future awards to Contractor.
The City's election to exercise any, all, or none of the aforementioned administrative
remedies does not act as a waiver of any of City's other rights or remedies under the law or
this Contract for the enforcement of this Contract or the recovery of any damages relating to
Contractor's actions or inactions relating to the Program, HPRP Funds, and/or this Contract.
15. Termination
a. -in addition to, and not in substitution for, other provisions of this Contract regarding the
provision of public services with HPRP Funds, it is expressly understood and agreed by
and between the Parties that this Contract is wholly conditioned upon the actual receipt
by City of HPRP funds; that all monies distributed to Contractor hereunder shall be
exclusively from Federal monies received under said grant and not from any other
monies of City; and that if such funds under City's grant are not timely forthcoming, in
whole or in part, City may, at its sole discretion, terminate this Contract and City shall not
be liable for payment for any work or services performed by Contractor under or in
connection with this Contract.
b. City may terminate this Contract whenever such termination is determined to be in City's
best interest, in event of Contractor's default, inability or failure to perform or to comply
with any of the terms herein, or, for other good cause, subject to Section 14 above.
c. HPRP Funds provided hereunder may not be used as collateral for loans to Contractor to
defray of Contractor's operation expenses, and any attempted use of HPRP Funds for this
purpose will result in termination of this Contract by City.
d. Termination will be effected by written notice to Contractor, specifying the portions of
the Contract affected and the effective date of termination. Upon Contractor's receipt of
such termination notice, Contractor will:
• Stop work under the Contract on the date and to the extent specified by City;
• Cease expenditures for which reimbursement of HPRP Funds would be sought under
this Contract, except as necessary for completion of the portions of the Contract not
terminated; and
• Terminate all orders and contracts to the extent that they relate to portions of the
Contract being terminated.
Contractor shall be reimbursed for valid, eligible expenditures for the Program made
prior to the termination of this Contract.
e. Contractor will return to City any unused HPRP Funds previously advanced by City
under this Contract within thirty (30) days of the effective date of Contract termination.
City will have no responsibility or liability for Contractor's expenditures or actions
occurring after the effective date of Contract termination.
15. Certification Regarding Lobbying
HPRP CONTRACT Rev. 09.22.09
Catholic Charities -Prevention Page 16
a. The undersigned representative of Contractor hereby certifies, to the best of his or her
knowledge and belief, that: No federal appropriated funds have been paid or will be paid,
by or on behalf of Contractor, 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. Contractor shall require that the language of this certification be included in
all subcontracts or agreements involving the expenditure of Federal funds.
b. 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,
Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
c. This certification is a material representation of fact upon which reliance was placed
when this Contract was made or entered into. Submission of this certificate is a
prerequisite for making or entering into this Contract, imposed by 31 USC Section 1352.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000.00 and not more than $100,000.00 for each such failure.
16. Miscellaneous Provisions
a. Contractor shall develop and implement procedures to ensure (1) the confidentiality of
records pertaining to any individual provided with assistance; and (2) that the address or
location of any assisted housing will not be made public, except to the extent that this
prohibition contradicts the Texas Open Records Act.
b. All terms of this Contract shall apply to any and all subcontractors of Contractor who are
in any way paid with HPRP Funds or who perform any work in connection with
Contractor's Program.
c. The provisions of this Contract are severable, and, if for any reason a clause, sentence,
paragraph or other part of this Contract 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.
d. City's failure to insist upon the performance of any term or provision of this Contract or
to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of City's right to assert or rely upon any such term or right
on any future occasion.
e. Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or nonperformance of this Contract, venue for
action shall lie in Tarrant County, Texas.
f. This written instrument and the exhibits attached hereto, which are incorporated by
reference and made a part of this Contract for all purposes, constitute the entire
agreement between the Parties concerning the work and services to be performed
HPRP CONTRACT Rev. 09.22.09
Catholic Charities -Prevention Page 17
hereunder, and any prior or contemporaneous, oral or written agreement which purports
to vary from the terms hereof shall be void. Any amendments to the terms of this
Contract must be in writing and must be approved by each Party.
g. All notices required or permitted by this Contract must be in writing and are deemed
delivered on the earlier of the date actually received or the third day following (i) deposit
in a United States Postal Service post office or receptacle; (ii) with proper postage
(certified mail, return receipt requested); and (iii) addressed to the other Party at the
address set out in the preamble of this Contract or at such other address as the receiving
Party designates by proper notice to the sending Party.
h. None of the performance rendered under this Contract shall involve, and no portion of the
HPRP Funds received hereunder shall be used, directly or indirectly, for the construction,
operations, maintenance or administration of any sectarian or religious facility or activity,
nor shall said performance rendered or funds received be utilized so as to benefit, directly
or indirectly, any such sectarian or religious facility or activity.
i. Contractor represents that it possesses the legal authority, pursuant to any proper,
appropriate and official motion, resolution or action passed or taken, to enter into this
Contract and to perform the responsibilities herein required.
j. Contractor certifies that it has obtained a 501 (c) (3) Certificate from the Internal
Revenue Service. Contractor shall notify City in writing of any changes to its 501 (c) (3)
tax-exempt status during the term of this Contract.
k. In the event any copyright arises with respect to any data or other copyrightable work
developed in the course of or under this Contract, Contractor shall notify City of the
copyright and the copyright shall be assigned to City.
1. In the event a patentable invention is created as part of this Contract and a patent is
obtained, Contractor shall notify City of the patent and the patent shall be assigned to
City.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
HPRP CONTRACT Rev. 09.22.09
Catholic Charities -Prevention Page 18
IN WITNESS WHEREOF, the Parties hereto have executed four copies of this Contract in
Fort Worth, Tarrant County, Texas, this Lv* I day of �C 1 \9," , 20 09 .
CITY OF FORT WORTH
gy:
T. M. Higgins _
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
v
Attorney
ATTEST:
Catholic Charities,
By;
President/CEO
dU
Cc�ntrac. Autho�riaati.ou
!} �rP
Diocese of Fort
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on , 2009 by T.
M. Higgins, the Assistant City Manager of the City of F�oij Worth, on behalf of the City of Fort
Worth.
> � P�e<� MARIA S. SANCHEZ
� NOTARY PUBLIC
yy h STATE OF TEXAS
My Comm. Exp.12-14-2009
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged
Heather Reynolds the President/CEO
behalf of said corporation.
HPRP CONTRACT'
Catholic Charities -Prevention
before me on
,sTqrfary Publi , State of Texas
2009 by
of Catholic Charities, a Texas non-profit corporation, on
Notary Public, State of Texas
i ry�y ev.01.22.09
RF Page 19
HPRP CONTRACT Rev. 09.22.09
Catholic Charities -Prevention Page 20
Contractor:Catholic Charities -Prevention
Homelessness Prvention and Rapid Re -Housing Program
EXHIBIT A
SCOPE OF SERVICES
Scope of Services
Homelessness Prevention and Rapid Re -Housing Program (HPRP)
CONTRACT NO.
SCOPE OF SERVICES
September 1, 2009 — August 31, zu I I $765,345.06
PERIOD AMOUNT
This Scope of Services is based on the proposal prepared and submitted by the Contractor through the City's
Request for Proposal process. The Contractor is acting as a Subrecipient and agrees to operate this
Homelessness Prevention and Rapid Re -Housing ("HPRP") program in a manner consistent with the program
delivery stated in its approved proposal. However, in the event of any conflict between the proposal and any
provision contained herein, this Contract shall control.
Program will include the following tasks and activities: Prevention
Prevention
l . To provide homelessness prevention assistance to households who would otherwise become homeless -
many due to the economic crisis.
2. Eligible households are defined as individuals and families who are currently in housing but are at risk
of becoming homeless and need temporary rent or utility assistance to prevent them from becoming
homeless or assistance to move to another unit.
All services will be provided at 1404 Hemphill Street, Fort Worth, TX 76104, from the time of 8:OOam to S:OOpm,
Monday through Friday.
The specific objectives, goals and level of services to be provided are listed below along with the geographical location
of clients served. All services will be provided from September 1, 2009 to August 31, 2011.
The HPRP Funds will be used to pay for financial assistance, housing relocation and stabilization, data entry and
administrative activities which are consistent with Exhibit D-Program Operating Budget.
REGULATORY CLASSIFICATION:
Regulatory Citation: FR-5307-N-01 Prevention (X) Rapid Re -Housing U Data and Evaluation (X)
Administration (X)
Based on the nature of the service provided, Contractor will maintain documentation that verifies that all clients served
by the Contractor are income eligible; documentation for showing homelessness or at risk of homelessness must also be
provided. Each client file should have the necessary supporting documentation specified in the Contract and in Exhibit
B-Program Requirements.
GEOGRAPHICAL LOCATION:
Contractor
Exhibit A
Page 1 of 3
Site Address: 1404 Hemphill Street, Fort Worth, TX 76104
Client Beneficiary Location (Neighborhood, District, Citywide...): City of Fort Worth
PROGRAM GOALS:
The goal of Catholic Charities Financial Assistance program is to promote self-sufficiency by providing financial
assistance, education and resources to achieve financial and housing stability.
PROGRAM OBJECTIVES:
Objective l: Financial Assistance will provide 188 unduplicated Fort Worth households with short and medium term
financial assistance.
Objective 2: Financial Assistance will provide 50 households with rental/utility deposits.
Objective 3: Financial Assistance will provide 25 households with utility assistance.
Objective 4: Financial Assistance will provide 188 unduplicated households with case management and housing
stabilization services.
Objective 5: Financial Assistance will provide financial education to 100 households to promote financial stability in
households receiving HPRP assistance.
PROGRAM SERVICES and ACTIVITIES Total Units of Services for Year
Level of service should be identified in a quantifiable unit and directly related to specified objectives. These
activities should be consistent with activities listed on Exhibit D- Program Services Schedule. Activities
should also be consistent with those required by IDIS.
Total
Total
Units of
Units of
Services
Services
200M010
2010-
Activity
2011
Financial
Assistance
Number
of unduplicated clients receiving financial assistance
106
82
Number
of clients receiving financial assistance
359
345
Number
of months of rental assistance provided to total population
359
345
Number
of down deposits/housing made for total population
15
10
Number
of security deposits made for total population
15
10
Number
of months of utility payments provided to total population
22
23
Number
of down deposits/utility made for total population
15
10
Total number of clients provided with moving costs assistance.
0
0
Total i-raniber of clients provided with hotel/motel vouchers
0
0
Housing
Relocation and,Stabilization
Number
of clients receiving housing relocation and stabilization
services
359
345
Number
of units of case management provided to total client
population
486
424
Contractor
Exhibit A
Page 2 of 3
Number of units for outreach and engagement
Number of units for housing search and blacement
Number of units for legal services
Number of units for credit
Contractor
Exhibit A
Page 3 of 3
31
45
29
30
m
Contractor: Catholic Charities -
Prevention
Homelessnes Prevention and Rapid Re.
lousing
CONTRACT NO.
Exhibit B
Program Requirements
September 1, 2009 —August 31, 2011
PERIOD
$7653345.06
AMOUNT
Requirements for All Program Participants
1. Any individual or family provided with financial assistance through HPRP must
have at least an initial consultation with a case manager or other authorized
representative who can determine the appropriate type of assistance to meet their
needs;
2. The household must be at or below fifty (50%) AMI;
3. The household must be either homeless or at risk of losing its housing and meet
both of the following circumstances; (1) no appropriate subsequent housing
option have been identified; AND (2) the household lacks the financial resources
and support networks needed to obtain immediate housing or remain in its
existing housing.
Prevention
1. To provide homelessness prevention assistance to households who would
otherwise become homeless -many due to the economic crisis.
2. Eligible households are defined as individuals and families who are currently in
housing but are at risk of becoming homeless and need temporary rent or utility
assistance to prevent them from becoming homeless or assistance to move to
another unit.
3. Eligible Activities:
a. Financial Assistance:
i. Short-term rental assistance for a period of up to 3 months. Tenant -
based rental assistance can be used to allow individuals and
families to remain in their existing rental units or to help them
obtain and remain in rental units they select.
ii. Medium -term rental assistance for a period of 4-18 months. Up to
6 months of rental arrears may be paid for program participants if
the payment enables the program participant to remain in the
housing unit for which the arrears are being paid or move to
another unit.
iii. Security deposits.
iv. Utility deposits.
v. Utility payments.
Contractor: Catholic Charities -Prevention
Exhibit B
Page lot 4
vi. Moving cost assistance.
vii. Motel and hotel vouchers
b. Stabilization Services:
i. Case management: arrangement, coordination, monitoring, and
delivery of services related to meeting the housing needs of
program participants and helping them obtain housing stability.
Activities may include: counseling; developing, securing, and
coordinating services; monitoring and evaluating program
participant progress; assuring that program participants' rights are
protected; and developing an individualized housing and service
plan, including a path to permanent housing stability subsequent to
HPRP financial assistance.
Outreach and engagement: designed to publicize the availability
of programs to make persons who are homeless or almost homeless
aware of these and other available services and programs.
iii. Housing search and placement: services or activities designed to
assist individuals or families in locating, obtaining, and retaining
suitable housing. Activities may include: tenant counseling,$
assisting individuals and families to understand leases; securing
utilities; making moving arrangements; representative payee
services concerning rent and utilities; and mediation and outreach
to property owners related to locating or retaining housing.
iv. Legal services: services to help people stay in their homes, such as
services or activities provided by a lawyer or other person under
the supervision of a lawyer to assist program participants with
legal advice and representation in administrative or court
proceedings related to tenant/landlord matters or housing issues.
v. Credit repair: services that are targeted to assist program
participants with critical skills related to household budgeting,
money management, accessing a free personal credit report, and
resolving personal credit issues.
c. Data Reporting:
i. Purchase of HMIS software and/or licenses;
ii. Leasing or purchasing needed computer equipment for providers
and the central server;
iii. Costs associated with data collection;
iv. Entry and analysis; and
v. Staffing associated with the operation of the HMIS, including
training.
d. Administrative Costs:
i. Accounting for the use of grant funds;
ii. Preparing reports for submission to HUD;
iii. Obtaining program audits;
iv. Similar costs related to administering the grant after the award; and
v. Staff salaries associated with administrative costs.
Contractor: Catholic Charities -Prevention
Exhibit B
Page 2of 4
Additional Responsibilities of Agency:.
1. No program participant may receive more than 18 months of assistance under
HPRP.
2. To determine Area Median Income, agency will use HUD's Section 8 income
eligibility standards for HPRP.
3. Agency must certify eligibility at least once every 3 months for all program
participants receiving medium -term rental assistance.
4. All program participants must be encouraged to participate in case management
provided by the agency.
5. Agency must not make payments directly to program participants, but only to
third parties, such as landlords or utility companies.
6. An assisted property may not be owned by the agency or the parent, subsidiary or
affiliated organization of the agency.
7. Agency determines the amount of short-term and medium -term rental assistance
provided, such as "shallow subsidies" (payment of a portion of the rent), payment
of 100% of the rent charged, or graduated/declining subsidies. This determination
process should be documented and consistently applied.
8. Agency may set a maximum amount of assistance that is more stringent than
HPRP federal guidelines (ex. Maximum of 6 months of assistance instead of 18
months.)
9. Agency may require program participants to share in the costs of rent, utilities,
security and utility deposits, moving, hotel or motel, and other expenses as a
condition of receiving HPRP financial assistance. Written procedures must
document determination process.
10. If HPRP funds are used to pay rental arrears, arrears must be included in
determining the total period of the program participant's rental assistance, which
may not exceed 18 months.
I. Rental assistance paid cannot exceed the actual rental costs, which must be in
compliance with HUD's standard of "rent reasonableness," which means that the
total charged for a unit must be in relation to the rents being charged during the
same time period for comparable units in the private unassisted market and must
not be in excess of rents being charged by the owner during the same period of
time for comparable non -luxury unassisted units. Current Fair Market Rent and
Utility Allowances must be used.
12. Rental assistance payments cannot be made on behalf of eligible individuals or
families for the same period of time and for the same costs types that are being
provided through another federal, state or local housing subsidy.
13. Security and utility deposits covering the same period of time in which assistance
is being provided through another housing subsidy program are eligible, as long
they cover separate cost types.
14. HPRP funds may be used for up to 18 months of utility payments, including up to
6 months of utility payments in arrears, for each program participant, provided
that the program participant or a member of his/her household has an account in
his/her name with a utility company or proof of responsibility to make utility
payments, such as cancelled checks or receipts in his/her name from a utility
company.
Contractor: Catholic Charities -Prevention
Exhibit B
Page 3of 4
15. HPRP funds may be used for reasonable moving costs, such as truck rental, hiring
a moving company, or short-term storage fees for a maximum of 3 months or
until the program participant is in housing, whichever is shorter.
16. HPRP funds may be used for reasonable and appropriate motel and hotel vouchers
for up to 30 days if no appropriate shelter beds are available and subsequent rental
housing has been identified but is not immediately available for move4n by the
program participants.
17. Legal services related to mortgages are not eligible.
18. Administrative costs do not include the costs of issuing financial assistance,
providing housing relocation and stabilization services, or carrying out eligible
data collection and evaluation activities.
19. Agency shall submit monthly HMIS reports to the City of Fort Worth no later
than the 5th day after the reporting month.
Contractor: Catholic Charities -Prevention
Exhibit B
Page 4of 4
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EXHIBIT E
CITY OF FORT WORTH ROUSING & ECONOMIC DEVELOPMENT
Audit Certification Form
Subrecipient: [%�' �(` C ilW &S Fiscal Year Ending:
Mo Day Yr
® During the fiscal year in which funds will be received, we will exceed the federal
expenditure threshold of $500,000. We will have our Single Audit or Program Specific Audit
completed and will submit the A-133 audit report within nine (9) months after the end of the
audited fiscal year or thirty (30) days within its completion, whichever is the earlier date.
❑ During the fiscal year in which funds will be received, we will not exceed the
$500,000 federal.expenditure threshold required for a Single Audit or a Program Specific Audit
to be performed this fiscal year. (Fill out schedule below)
Federal Expenditure Disclosure
Federal Funds
Must be filled out if Single Audit or Program Audit is not required:
Federal Grantor
-Pass Through
Grantor
Program Name &
CFDA Number
Contract
Number
Expenditures
Total Federal Expenditures for this Fiscal Year
Lrv, Ltv or equiva�ent)
President/ CEO
Title (Must be CFO, CEO or equiva����
817413-3922 P Phone Number ate
Failure to submit this or a similar statement or failure to submit a completed single
audit package as described in the federally required audit requirements described in OMB
Circulars A=133 by the required due date may result in suspension of funding and. may
eligibility for future funding. Notwithstanding the above, this certification acknowledges
the agency's commitment to meet all other financial reporting, financial statements,
and other audit requirements as may be set forth in the contract.
Contractor: Catholic Charities -Prevention
Homelessness Prevention and Rapid Re -Housing
EXHIBIT F
CONFLICT OF INTEREST
All Applicants
The standards in OMB Circular A-110, Subpart C, provide that no employee, officer, or agent shall participate in the
selection, award, or administration of a contract supported by Federal funds if real or apparent conflict of interest would
be involved. Such a conflict would arise when an employee, officer, or agent, any member of his or her immediate
family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has
a financial or other interest in the firm selection for an award.
IF NO CONFLICTS EXIST, COMPLETE THE FOLLOWING:
I certify that no conflict of interest exists between The City of Fort Worth and
Catholic Charities, Diocese of Fort Worth, Inc.
(Name of Organization)
I certify that no conflict of interest exists between the subcontractors of and
(Name of Organization)
IF THERE IS A CONFLICT, COMPLETE THE FOLLOWING:
I certify that a conflict of interest does exist between The City of Fort Worth and
(Name of Organization)
I certify that a conflict of interest does exist between
FT�T:I
(Name of subcontractor)
(Name of Organization)
nature of the conflict of interest below: (Please identify the individual, employment, and the conflict or potential conflict [their affiliation with your
of Authorigency OfUci Date
Heather Reynolds, President/CEO
Attachment I
CITY OF FORT WORTH
HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
COMPLIANCE DIVISION
REQUEST FOR FUNDS
HPRP 2009-2011
AGENCY:
ADDRESS:
SECTION I (AGENCY)
1. Reimbursement Request
A. Rapid Re -Housing Expenditures:
B. Prevention Expenditures:
C. Data and Evaluation Expenditures:
D. Administration Expenditures:
E. Total Reimbursement:
2. Requested By:
A. Agency
(Name)
PROGRAM:
CONTRACT NUMBER:
CONTRACT AMOUNT:
CONTRACT DATE:
DATE OF REQUEST:
IDIS NUMBER:
(Signature)
HPRP
9/1 /2009
CUMULATIVE
(Date)
SECTION II (CITY)
1. BUYSPEED -Purchasing Request
A. BUYSPEED INPUT: Vendor/PO Number/Requisition Number:
B. Fund/Account/Center.
Rapid Re -Housing
Prevention
Data & Evaluation
Administration
C. Total Amount of this Request: $0.00
SECTION III (CITY)
1. Verification
A. Contract Compliance Specialist Charletra Hurt
(Name) (Signature) (Date)
B. Accounting
(Name) (Signature) (Date)
2. Authorization
A. Grants Manager Barbara Asbury
(Name) (Signature) (Date)
B. Director Jesus "Jay" Chapa
(Name) (Signature) (Date)
Distribution:
1 Copy -Accounting
1 Copy -Compliance
Note: Any Request for Funds that exceed $8500 require the signature of both Grants Manager/Designee and Director
CITY OF FORT WORTH
HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
COMPLIANCE DIVISION
DETAILED STATEMENT OF COSTS
HPRP RAPID RE -HOUSING
AGENCY CONTRACT NO,
PROGRAM
TO
REPORT PERIOD
ATTACHMENT II
DATE
COST CATEGORY
ADMINISTRATIVE
ACCOUNT
PROGRAM
BUDGET
MONTHLY
EXPENDITURES
CUMULATIVE
TO DATE
BALANCE
ADMINISTRATIVE EXPENSES
Salaries
516 010
FICA
518 010
Life Insurance
518 050
Health Insurance
518 060
Disability Insurance
518040
Unemployment
518090
Legal and Accounting
538050
Office Supplies
521010
Postage
521020
Telephone
535040
ADMINISTRATIVE EXPENSES -SUB -TOTALS
- _
EXPENSES PERCENT OF TOTAL COST =
STABILIZATION
SERVICES
Salaries
1 516 010
FICA
518 010
Life Insurance
518 050
Health Insurance
518 060
Disability Insurance
508070
Unemployment - State
535 020
Other (Specify)
535 030
Electric/ Gas /Water / Utilities
537 010
Rent (Building)
539 220
Office Equipment Rental
537 030
Printing533
030
Repairs
5360 10
Postage
538 210
Building Maintenance
534 020
Office Supplies
538 050
Telephone
532 130
Corporate Insurance
534020
Private Auto Allowance
532130
Conference & Seminars
539120
TOTAL SUPPORT SERVICES
FINANCIAL ASS/STANCE
SHORT-TERMASS/STANCE
MEDIUM TERM'REIVTAi—
`
.
ASSISTANCE
539120
TOTAL RENTAL SERVICES
TOTAL
Contractors Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid and consistent with the terms of
the agreement.
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
CITY OF FORT WORTH
AT TACHMENT Ila
HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
COMPLIANCE DIVISION
DETAILED STATEMENT OF COSTS
HPRP PREVENTION
AGENCY
PROGRAM
CONTRACT NO. DATE
TO
REPORT PERIOD
COST CATEGORY
ADMINISTRATIVE
ACCOUNT
PROGRAM
BUDGET
MONTHLY
EXPENDITURES
CUMULATIVE
TO DATE BALANCE
ADMINISTRATIVE EXPENSES
Salaries
516 010
FICA
518 010
Life Insurance
518 050
Health Insurance
518 060
Disability Insurance
518040
Unemployment
518090
Legal and Accounting
538050
Office Supplies
521010
Postage
521020
Telephone
535040
ADMINISTRATIVE EXPENSES=SUB-.TOTAL-
_ _ -rt --
EXPENSES PERCENT OF TOTAL COST =
STAB/L/ZAT/ON SERVICES
Salaries
516 010
FICA
518 010
Life Insurance
518 050
Health Insurance
518 060
Disability Insurance
508070
Unemployment - State
535 020
Other (Specify)
535 030
Electric/ Gas Ndater / Utilities
537 010
Rent (Buildin )
539 220
Office Equipment Rental
537 030
Printing
533 030
Repairs
536 010
Postage
538 210
Building Maintenance
534 020
Office Supplies
538 050
Telephone
532 130
Corporate Insurance
534020
Private Auto Allowance
532130
Conference & Seminars
539120
TOTAL SUPPORT SERVICES
FINANCIAL ASS/STANCE
SHORT-TERM ASSISTANCE
5391207,711
MEDIUM -TERM RENTAL
ASSISTANCE -
539120
TOTAL RENTAL SERVICES
TOTAL
Contractors Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid and consistent with the terms of
the agreement.
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
Attachment III
CITY OF FORT WORTH
HOUSING & ECONOMIC DEVELOPMENT DEPARTMENT
COMPLIANCE DIVISION
EXPENDITURES WORKSHEET
Agency
Program
To
Report
Period
Date
NO
DATE
CHECK NO
PAYEE
DESCRIPTION
ACCOUNT NO.
AMOUNT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
TOTAL
$0.00
TITLE OF AUTHORIZED OFFICER SIGNATURE AND DATE
Agency/Address
City of Fort Worth
Housing and Economic Development
Compliance Division
HOPWA 2009-2010
Homelessness Prevention and Rapid Re -Housing
2. Program Name:
3. Contract No:
4. Date of Request:
Month &Year
Attachment V
Contract Date: September 1, 200
Contract Amount:
5. PROGRAM SERVICES AND ACTIVITIES: CURRENT CUMULATIVE
**Goals listed on Contract Exhibits Ashould be listed here.
6. SCOPE OF WORK NARRATIVE:
7. PROBLEMS ENCOUNTERED / SOLUTIONS PROPOSED:
8. ANTICIPATED ACTIVITY DURING THE NEXT MONTH:
Certification: The undersigned, hereby, gives assurance that to the best of my knowledge and belief, the data included in this report is true and
accurate. It is also acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal,
state, and local law.
Date: Submitted By: Phone No.
Signature Required
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M&C�Review
Page 1 of 2
COUNCIL ACTION: Approved on 8/18/2009
CONTINUED FROM A PREVIOUS WEEK
Official site of the City of Fort Worth, Texas
�,_ � ����
DATE: 8/11/2009 REFERENCE C-23715 LOG NAME: 17HPRP FUNDING 2009
NO.. — —
CODE: C TYPE: NON- PUBLIC YES
CONSENT HEARING:
SUBJECT: Authorize Contracts for Homelessness Prevention and Housing Activities as Part of the
Homelessness Prevention and Rapid Re -Housing Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager, or his designee, to execute contracts to administer programs for
homelessness prevention and related housing activities as part of the Homelessness Prevention and
Rapid Re -Housing Program for two year terms beginning September 1, 2009, and ending August 31,
2010, contingent upon receipt of adequate funding from the United States Department of Housing
and Urban Development;
2. Authorize the City Manager, or his designee, to extend or renew the contracts for up to one year if
an organization requests an extension and it is necessary for the completion of the program; and
3. Authorize the City Manager, or his designee, to amend the contracts, if necessary, to achieve
program goals provided that the amendment is within the scope of the program and in compliance
with applicable laws and regulations governing the use of federal grant funds.
DISCUSSION:
Under Title XII of the American Recovery and Re -Investment Act (ARRA), Congress designated $1.5
billion for communities to provide financial assistance and services to either prevent individuals and
families from becoming homeless or help those who are experiencing homelessness to be quickly re-
housed and stabilized. On March 19, 2009, the United States Department of Housing and Urban
Development (HUD), the responsible federal agency for the Homelessness Prevention and Rapid Re -
Housing Program (HPRP), allotted $2,746,929.00 to the City to carry out program activities.
After public hearings on May 5, 2009, and May 12, 2009, the City Council approved a substantial
amendment to the City's Consolidated Plan and 2008-2009 Action Plan (M&C G-16564), which
described how the funds were proposed to be allocated and expended. HUD approved the
substantial amendment on July 2, 2009, and executed a Grant Agreement on July 21, 2009, which
awarded the City $2,746,929.00 in HPRP grant funds.
On April 18, 2009, the City issued requests for proposals from local agencies to administer HPRP
activities to benefit low income City residents. The deadline for submitting proposals was May 19,
2009. The City's Community Development Council (CDC) reviewed the proposals and heard
presentations from the agencies. On August 5, 2009, the CDC finalized its recommendations for the
funding for HPRP activities by the agencies listed below. HUD requires that the City expend all HPRP
funds within three years of the date of execution of the Grant Agreement between the City and HUD.
To comply with HUD requirements, the City will be executing contracts with the agencies for two year
terms to ensure that HPRP funds are spent in a timely fashion. The City will be responsible for the
administration of these programs as required by the ARRA. Quarterly reports on progress under
http://apps.cfwnet.org/council�acicet/mc review.asp?ID=12171&councildate=8/18/2009 9/29/2009
M&C Review
Page 2 of 2
HPRP must be posted on the ARRA website. The City will allocate $88,445.00 for City administrative
expenses as allowed by HUD.
_Agency
Community
Enrichment
Center
Catholic Charities
Tarrant County
Human Services
Cornerstone
Salvation Army
Safe Haven
Tarrant County
Homeless
Coalition (HMIs)
City of Fort Worth
(Admin)
Tota I
Prevention
Activities
$0.00
Rapid
Re -Housing
Activities
$254,011.00
Data Administration
$0.00
Total
$254,011.00
$752,404.00 $651,497.61 $4,965.00 $21,058.52 $1,429,925.13
$274,226.07 $0.00 $1,655.00 $4,113.39 $279,994.46
$187,050.00 $0.00 $1,655.00 $2,805.75 $191,510.75
$176,266.00 $0.00 $1,655.00 $2,643.99 $180,564.99
$0.00 $231,720.00 $1,655.00 $18,280.00 $251,655.00
$0.00
$0.00 $70,822.87
$0.00
$70,822.87
'� :: � � � �
$1,389,946.07 $1,137,228.61 $82,407.87 $137,346.44 $2,746,929.00
This program benefits ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated of the Grants Fund.
TO Fund/Account/Centers
Submitted for City Manager's Office b�
Or�inating Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
GR76 539120 017206359010
Tom Higgins (6192)
Jesus Chapa (5804)
Kate Scott -Ward (7563)
$2,746,929.00
http://apps.cfwnet.org/council�acicet/mc_review.asp?ID=12171 &councildate=8/18/2009
9/29/2009