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HomeMy WebLinkAboutContract 40162PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") entered into the � day of , 2010 by and between the Cityof Fort Worth a Texas home -rule municipal co orati actin herein � p � � g by and through Thomas M. Higgins, its duly authorized Assistant City Manager, hereinafter called the "City", and Vanessa Dawn Roberts, hereinafter called "Consultant". City and Consultant may be referred to herein individually as a Party, or collectively as the Parties. WHEREAS, on November 11, 2008, the City Council authorized an agreement with the United States Department of Housing and Urban Development ("HUD") to administer Neighborhood Stabilization Plan (NSP) funds under the Housing & Economic Recovery Act ("HUD NSP Agreement"); WHEREAS, City provides assistance to buyers of lender -foreclosed properties through its NSP Down Payment Assistance Program under the HUD NSP Agreement which requires the processing, closing, funding and auditing of subordinate loans to qualified home buyers and the City is in need of professional assistance to complete these functions in a timely manner as required by the HUD NSP Agreement; WHEREAS, Consultant provides professional services to assist entities in processing, closing, funding and auditing of subordinate loans; and WHEREAS, City and Consultant agree to enter into an agreement to have Consultant provide such services to City. WITNESSETH That for and in consideration of mutual covenants and agreements herein contained, the Parties hereto mutually agree as follows: ARTICLE 1 SERVICES Section 1. Consultant hereby agrees to perform as an independent contractor the professional services including the processing, closing, funding and auditing of subordinate loans ("Services") under the City's NSP Down Payment Assistance Program (the "Program") as These Services shall be performed to assist City with the completion of the Program. Services shall be performed in a professional manner and in strict compliance with all terms and conditions in this Agreement. Additional services, if any, irr-a�idend�- �o be executed OFFICIAL RECORD CITY SECRETARY F'i: WORTH, TX Section 2. will be requested in writing by the City and shall be set forth by both Parties and to be attached hereto and made apart hereof for all purposes. It is specifically agreed that Consultant shall not be compensated for any work not set forth in writing in this Agreement or any addenda thereto, including but not limited to verbal requests by City staff. ARTICLE 2 COMPENSATION Consultant shall be compensated in an amount not to exceed Two Thousand Four Hundred and No/100 Dollars ($2,400.00). Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the Services. Consultant shall provide periodic invoices to the City on the first day and the fifteenth day of each month that Services are requested by the City and performed by Consultant. Consultant shall be paid for the Services at a rate of Thirty and No/100 Dollars ($30.00) per hour on a schedule agreed upon by City and Consultant based on Services needed as determined by the City and based on indicated demand of Program loan applications. Payment for Services shall be due within thirty (30) days of the uncontested performance of the Services so ordered and receipt by City of Consultant's invoice for payment of the same ARTICLE 3 TERM This Agreement shall be in effect from April 21, 2010, and, unless terminated earlier pursuant to such provisions in this Agreement, shall extend until December 31, 2010 or until all Services are performed by Consultant, as determined by City, in City's sole discretion. ARTICLE 4 INDEPENDENT CONTRACTOR Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of Consultant's work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. ARTICLE 5 INDEMNIFICATION SECTION 1. CONSULTANT COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, THE 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 AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN; AND APPRAISER HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF THE 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 AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES DESCRIBED HEREIN, CONSULTANT LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS THE 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 OFCONSULTANT, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, OR LICENSEES. SECTION 2. CONSULTANT 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 BY CONSULTANT IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT. SECTION 3. Consultant shall require all of Consultant's subcontractors to include in their subcontracts a release and indemnity in favor of City in substantially the same form as above. SECTION 4. This Article 5 shall survive the expiration or termination of this Agreement. ARTICLE 6 ASSIGNMENT AND SUBCONTRACTORS Consultant shall not assign or subcontract all or any part of its rights, privileges or duties under this Agreement without the prior written consent of City, and any attempted assignment or subcontract of same without such prior written approval shall be void and constitute a breach of this Agreement. ARTICLE 7 TERMINATION OF CONTRACT Section I. City may terminate this Agreement for its convenience on thirty (30) days written notice. Either City or Consultant for cause may terminate this Agreement for cause if either Party I ails substantially to perform through no fault of the other and does not commence correction of such nonperformance with five (5) days of written notice and diligently complete the correction thereafter. Section 2. If City chooses to terminate this Agreement under Article 7 hereof, upon receipt of notice of termination, Consultant shall discontinue Services immediately and City shall compensate Consultant for Services actually rendered in accordance with Article 2. Section 3. All loan records, documents and reports, whether partial or complete, first prepared under this Agreement, whether furnished by City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant or any subcontractor of Consultant, shall be or become the property of City, and shall be maintained at the City and by the City at all times. Consultant agrees that no loan records, documents and reports will be removed by Consultant from the City. City will make available to Consultant's use of all software, documents and hardware necessary for deliverables provided hereunder for the purposes of this Agreement. ARTICLE 8 NON-DISCRIMINATION Consultant shall not discriminate against any employee or applicant for employment because of race, age, color, religion, sex, sexual orientation, national origin, ancestry, disability, place of birth, familial status, gender identity, gender expression or transgender. Consultant shall take action to ensure that all persons are employed and/or treated without regard to their race, age, color, religion, sex, sexual orientation, national origin, ancestry, disability, place of birth, familial status, gender identity, gender expression or transgender. This action shall include, but not be limited to the following. employment, promotion, demotion, transfer, working conditions, recruitment, layoff, termination, rates of pay or other forms of compensation, and training opportunities. ARTICLE 9 COMPLIANCE WITH LAWS Consultant, its officers, agents, employees and subcontractors, shall abide by and comply with all laws, federal, state and local, including all ordinances, rules and regulations of City. It is agreed and understood that, if City calls to the attention of Consultant any such violation on the part of Consultant or any of its officers, agents, employees or subcontractors, then Consultant shall immediately desist from and correct such violation. Consultant shall observe and comply with all orders, laws, ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. CONSULTANT AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ALL OF ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS OR LIABILITY ARISING OUT OF THE VIOLATION OF ANY SUCH ORDER, LAW, ORDINANCE, OR REGULATION, WHETHER IT BE BY CONSULTANT OR ITS EMPLOYEES, AGENTS, OR SUBCONTRACTORS. ARTICLE 10 CONFLICT OF INTEREST Consultant warrants to City that is has made full disclosure in writing of any existing or potential conflicts of interest related to the services to be performed hereunder. Consultant further warrants that it will make prompt disclosure in writing of any conflicts of interest that develop subsequent to the signing of this Contract. ARTICLE 11 VENUE AND JURISDICTION This Agreement shall be construed in accordance with the laws of the State of Texas. Should any action, whether real or asserted, at law or in equity, arise out of the terms or this Agreement, venue for said action shall be exclusively in the District Court located in Tarrant County, Texas, ARTICLE 12 CONTRACT CONSTRUCTION The Parties acknowledge that each Party and, if it so chooses its counsel, have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or attachments hereto. ARTICLE 13 SEVERABILITY The provisions of this Agreement are severable, and if any word, phrase, clause, sentenceIVaragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contain therein. ARTICLE 14 NOTICES Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other party shown below: City of Fort Worth Attn: Director of Housing and Economic Development 1000 Throckmorton Street Fort Worth, Texas 76102 With a copy to: City Attorneys Office City of Fort Worth Attn: Vicki S Ganske 1000 Throckmorton Street Fort Worth, Texas 76102 Vanessa Dawn Roberts 4728 Sterling Trace Circle Fort Worth, Texas 76244 ARTICLE 15 HEADINGS The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. ARTICLE 16 COUNTERPARTS This Agreement maybe executed in one or more counterparts and each counterpart shall, I" purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE.] IN WITNESS THEREOF, the Parties hereto have made and executed this Agreement to be effective as of April 21, 2010. CITY OF FORT WORTH T.M. Higgins Assistant City Manager RECOMMENDED: Jay Chapa, Director / Housing and Economic Development Department APPROVED AS TO FORM AND LEGAILITY: Vicki S Ganske Assistant Senior City Attorney P11A tL��- Vanessa Dawn Roberts FOR Marty Hendrix City Secr®tom 0 CP Contract_, Authorization rig )ate OFFICIAL RECORD CITY SECRETe4RY I+r. WORTH, T I I M&C Review Page 1 of 4 OfficioE site of the pity of Fart UJoith, Texas DATE: 11/11/2008 REFERENCE NO.: G-16358 LOG NAME: 17NSP GRANT CODE: G TYPE: NON -CONSENT PUBLIC HEARING: YES SUBJECT: Approval of Plan for Use of Neighborhood Stabilization Program Grant Funds from the United States Department of Housing and Urban Development in the Amount of $6,307,433.00 RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing to allow citizen input and consideration regarding the Proposed Plan for Use of Neighborhood Stabilization Program grant funds from the United States Department of Housing and Urban Development; 2. Approve a Substantial Amendment to the City's Consolidated Plan and 2008-2009 Action Plan for use of Federal grant funds from the United States Department of Housing and Urban Development, outlining use of funds for the Neighborhood Stabilization Program; 3. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the Grants Fund in the total amount of $6,307,433.00 in Neighborhood Stabilization Program funds; and 4. Authorize the City Manager or his designee to execute the Neighborhood Stabilization Program grant agreement, United States Department of Housing and Urban Development certifications, and such associated documents as may be required by United States Department of Housing and Urban Development regulations in order to administer the Neighborhood Stabilization Program. DISCUSSION: On October 6, 2008, the City of Fort Worth received notification from the United States Department of Housing and Urban Development (HUD) that it will be awarded $6,307,433.00 under the Neighborhood Stabilization Program (NSP). The program was authorized by the Housing and Economic Recovery Act of 2008 approved by Congress on July 30, 2008, for the purpose of assisting in the redevelopment of abandoned and foreclosed homes. The NSP provides a special allocation of Community Development Block Grant (CDBG) funds with alternative requirements and regulatory waivers. One significant alternative requirement is the ability to serve households earning 120 percent of the area median income ($77,500.00 for a family of four) versus only being able to serve up to 80 percent of area median income households ($51,400.00 for a family of four) under regular CDBG program. However, at least 25 percent of the funds must be used for households earning less than 50 percent of the area median income ($32,300.00 for a family of four). http://apps.cfwnet.org/council�acket/mc review.asp?ID=10746&councildate=ll/11/2008 5/7/2010 M&C Review Page 2 of 4 The NSP funds may be used for activities which include, but are not limited to: - Financing mechanisms such as soft seconds, loan loss reserves and shared equity for purchase and redevelopment of foreclosed homes and residential properties - Purchase, rehabilitation and resale or rental of foreclosed and abandoned homes and residential properties - Land banking of foreclosed properties for future development - Demolition of blighted structures - Redevelopment of demolished or vacant properties Jurisdictions receiving NSP funds must develop a plan for expenditure of funds and submit the plan to HUD by December 1, 2008. The plan must demonstrate that funds will be distributed to the areas of greatest need, including those with the greatest percentage of home foreclosures, with the greatest percentages of homes financed by a subprime mortgage loan, and areas likely to face a significant or continued rise in the rate of home foreclosures. Grantees will have 18 months to expend or obligate funds. Recommended Use of Funds Staff is recommending that $5,676,690.00 in program funds be used for a Homebuyer Assistance Program much like the program currently operated by the City. Income eligible purchasers of foreclosed homes would receive a subordinate five year forgivable loan of $20,000.00 to assist with closing costs, a down payment and any repairs that may be necessary to meet program standards. The unit must serve as the buyer's primary residence for a period of at least five years. If this requirement is met the loan is forgiven; failure to meet this requirement would result in full repayment of the loan. Staff believes this use of funds is simple, draws on the efficiencies of professionals in the marketplace, achieves substantial leveraging and gets the maximum number of foreclosed homes back into possession of homeowners. Staff also recommends that $630,743.00 be used for administration and program delivery. This amount represents the 10 percent allowed for this use under the NSP regulations. Foreclosures in Fort Worth According to data obtained from Foreclosure Listing, Inc., during the period from September 2007 through October 2008 there were 3,780 foreclosures in Fort Worth in 38 zip codes. The average assessed value of foreclosed homes for this period was slightly over $120,000.00. The average unpaid loan balance was $102,613.00. The average age of homes was 26 years and the average size was 1,909 square feet. Forty nine percent of the foreclosure activity occurred in seven of the 38 zip codes previously mentioned. These zip codes are listed below along with the density of foreclosures per square mile. Staff is recommending that these zip codes be considered as target areas for NSP benefits. http://apps.cfwnet.org/councii�acket/mc review.asp?ID=10746&councildate=ll/11/2008 5/7/2010 M&C Review Page 3 of 4 - 76248 - 341 and > 20.01 per square mile (COUNCIL DISTRICT 4) - 76112 - 299 and > 20.01 per square mile (COUNCIL DISTRICT 4, 5 and 8) - 76123 - 282 and > 20.01 per square mile (COUNCIL DISTRICT 3 and 6) - 76179 - 282 and 10.01 to 15 per square mile (COUNCIL DISTRICT 7) - 76133 - 248 and > 20.01 per square mile (COUNCIL DISTRICT 6 and 9) - 76137 - 200 and 15.01 to 20 per square mile (COUNCIL DISTRICT 4) - 76131 - 189 and 10.01 to 15 per square mile (COUNCIL DISTRICT 2 and 7) FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, award of the grant, and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers GR76 451727 017206323010 $630,743.00 GR76 451727 017206323020 $5,676,690.00 GR76 5XXXXX 017206323010 $630,743.00 GR76 539120 017206323020 $5,676,690.00 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Tom Higgins (6140) Jay Chapa (6192) Jerome Walker (7537) ATTACHMENTS http://apps.cfwnet.org/council�acket/mc review.asp?ID=10746&councildate=ll/ll/2008 5/7/2010 M&C Review Page 4 of 4 17NSP GRANT.doc Foreclosures_ZipCodeforNSP_2.pdf Foreclosures ZipCodeforNSP�2A.pdf http://apps.cfwnet.org/council�acket/mc review.asp?ID=10746&councildate=ll/11/2008 5/7/2010