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HomeMy WebLinkAboutContract 43424 (2)CITY SECRETARY CONTRACT NO. CONTRACT FOR HOMELESS 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 Fernando Costa, its duly authorized Assistant City Manager, and Catholic Charities Diocese of Fort Worth, Inc. ("Contractor"), whose address is 249 West Thornill Drive, Fort Worth, Texas, 76115, acting by and through Heather Reynolds its duly authorized President (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 from becoming homeless or help those who are experiencing homelessness to be quickly re- housed and stabilized; 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 OFFICIAL RECORD. MY SECRET Ft J WO TX a. Contractor will administer homelessness prevention services to citizens of the City of Fort Worth (each a "Program" and collectively the "Programs"), for the term June 18, 2012 through July 20, 2012. b. Contractor will be responsible for administering the Programs 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 attached Exhibit A- Program Summary and Requirements. Contractor shall participate in any HPRP training provided by City. c. The activities performed by Contractor under this Contract shall be eligible activities under the HPRP program (referred to herein as "Eligible Activity" or "Eligible Activities"), including but not limited to 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 and persons at risk of becoming homeless, as applicable for each Program. 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 HPRP CONTRACT Catholic Charities Prevention Page 1 07-23-12 • • 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 nsk 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. 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 activities and performance using the goals and perfoilnance 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 Programs 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 Programs 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 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 not 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 HPRP CONTRACT Catholic Charities Prevention Page 2 (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 Programs. 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 FORTY FIVF THOUSAND AND 00/100 DOLLARS ($45,000.00) to Contractor on a reimbursement of expenses basis. Contractor is acting as a subrecipient for the purposes of this contract in carrying out the Programs. b. Payment will be processed by City following receipt from Contractor of the following monthly financial documents for each Program. (1) Attachment I- Invoice, (2) Attachment II -Expenditure Worksheet, and (3) Attachment IIIa — Prevention Client Data Report, and (4) Attachment IIIb — ReHousing Client Data Report. Contractor must submit separate documentation for each Program Payment by City to Contractor shall require completion of all City forms and copies of adequate supporting documentation verifying eligibility of expenses as well as, where apphcable, eligibility of Program participants. Reimbursement for the payment of eligible expenses shall be made against the budgets specified in Exhibit B - Operating Budget. City will not disburse funds for expenditures that occurred prior to the beginning date of the term of this Contract. All requests for reimbursement must be received by July 16, 2012. Final cancelled checks may be provided after the final reimbursement is due no later than 30 days after the submission c. Contractor agrees to utilize all disbursed HPRP Funds for the benefit of the Programs. Contractor agrees that all funds will be expended in accordance with Exhibit B. Contractor may not increase or decrease line -item amounts or move funds from one budget to another in Exhibit B without the prior written approval of the Director of the Housing and Economic Development Department of the City of Fort Worth. No revisions will be accepted by City after July 16, 2012. Any HPRP 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. 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. ii. Cost Principles HPRP CONTRACT Catholic Charities Prevention Page 3 Contractor shall administer the Programs in conformance with OMB Circular A-122, "Cost Principles for Non -Profit Organizations" and attachments and revisions thereto, regarding principles for deter pining costs for the Programs. 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 Programs, including records documenting the eligibility of Program participants as more particularly described herein. The documentation must support the amounts charged to the Programs the eligibility of the Program participants, and demonstrate that the expenditures were appropriate to the stated goals of the Programs and allowable and/or eligible under applicable Federal, state and City guidelines, as specified in Exhibit A. ii. Retention All records pertaining to Programs, 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 deteun ning 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, 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 C - 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 HPRP CONTRACT Catholic Charities Prevention Page 4 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 A-133. 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 a. Financial Reports Contractor will submit to City on a monthly basis: (1) Attachment I -Invoice, (2) Attachment II -Expenditures Worksheet, (3) Attachment IIIa-Prevention Client Data Report and (4) Attachment IIIb-ReHousing Client Data Report, 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 5t of the month following the month being reported. Notwithstanding the foregoing, the final reimbursement request is due on July 16, 2012. b. Progress Reports i. Contractor will submit an HMIS report to City on a monthly basis 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. The final reports shall be submitted by July 16, 2012. City is under no obligation to disburse funds for expenditures that occurred prior to the beginning date of this Contract. 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. HPRP CONTRACT Catholic Charities Prevention Page 5 ii. 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), covenng 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. ii. 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) months. 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. iii. 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. HPRP CONTRACT Catholic Charities Prevention Page 6 vi. For HPRP Funds used for moving cost assistance, Contractor shall document that the IIPRP 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. 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-1 ("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 HPRP CONTRACT Catholic Charities Prevention Page 7 • Unifoiui 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 and 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 • lhe 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 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. HPRP CONTRACT Catholic Charities Prevention Page 8 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, 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 notice in 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, teuuination 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.0 450e) also applies to the work to be performed under this contract Section 7(b) requires that to the greatest extent feasible (i) 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 HPRP CONTRACT Catholic Charities Prevention Page 9 organizations and Indian -owned Economic Fi'nterprises. 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. 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 agreed and understood that, if City notifies Contractor of any such violation on the part of 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 HPRP CONTRACT Catholic Charities Prevention Page 10 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. 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 HPRP-fimded services, without removing religious art, icons, scriptures, or other religious symbols. Contractor shall not, in providing Ptogram 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 perfoiined 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. HPRP CONTRACT Catholic Charities Prevention Page 11 9. Minority and Women Business Enterprise Commitment 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 successor policies thereto, into all contracts and will further require all persons or entities with whom it contracts to comply with said MWBEs 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 HPRP CONTRACT Catholic Charities Prevention Page 12 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, 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 $100,000.00 to 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 HPRP CONTRACT Catholic Charities Prevention Page 13 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 covering all risks incident to or to 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. f. 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 Contract 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: HPRP CONTRACT Catholic Charities Prevention Page 14 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; 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 t0 perfoi it 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. 16. Certification Regarding Lobbying HPRP CONTRACT Catholic Charities Prevention Page 15 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 17. 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 he 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 hereunder, and any pnor or contemporaneous, oral or written agreement which purports HPRP CONTRACT Catholic Charities Prevention Page 16 to vary from the tenns 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 Catholic Charities Prevention Page 17 IN WITNESS WHEREOF, the Parties hereto have executed four copies of this Contract in Fort Worth, Tarrant County, Texas, this aleili day of , 20 CITY OF FORT WORTH By: a�i Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY: iean 1 1#111/14 ity Attorney ATTEST: r CATHOLIC FORT By: Name: e . er j rfiolds Title: President/Chief Executive Officer ITIES DIOCESE OF RTH, INC. 0 ,Iteci,,,valitiais, e0Ernirctti g0000p 0 ‹) N94 ___________o (4( 0 ra 6 g is 0 fl°o0jv oL4J 0000 c441-44XAS. Contract Author. zatiox Date HPRP CONTRACT Catholic Charities Y`% LEIGH ELLEN LYNES '►; *: NOTARY PUBLIC STATE OF TEXAS y CON11!8amON EXPIRES: A 06-19o-2015 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX NNNN Prevention Page 18 Exhibit A HPRP PROGRAM ACTIVITIES AND REOUIREMENTS: Reauirements for All Prosram 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 Ehgible 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. Prevention Grantees must assess and document a household would be homeless (by HUD's defnition) but for this assistance in order to qualify for HPRP Prevention. In addition, the grantee must show household is income eligible; has no appropriate subsequent housing options identified; and lacks the financial resources and support networks needed to obtain immediate housing or remain in its existing housing. Acceptable Documentation: See pgs. 8 — 11 of HUD Guidance for important details http: / /www.hudhre info/documents /HPRP HousincStatusRegs.pdf Examples include: • Eviction Notice/Letter from landlord • Eviction Notice/Letter from host • Foreclosure Notice family/friend • Utility shut-off notice • Notice of Condemnation for property • Letter from hospital or other institution Self -Certification Form (If third -party unavailable) found at http://www.hudhre.info/documents/HPRP I-IousinwStatusTemplate.doc HPRP CONTRACT Catholic Charities Prevention Page 19 A B C D E F G H I J K L M N 0 HP Cath Living Situation Eviction within 2 weeks from a private dwelling (including housing provided by family or friends) Discharged within 2 weeks from an institution in which the person has been a resident for more than 180 days (including prisons, mental health institutions, hospitals) Residency in housing that has been condemned by housing officials and is no longer meant for human habitation Sudden and significant loss of income Sudden and significant increase in utility costs Mental health and substance abuse issues Physical disabilities and other chronic health issues, including HIV/AIDS Severe housing cost burden (greater than 50 percent of income for housing costs) Homeless in last 12 months Young head of household (under 25 with children or pregnant) Current or past involvement with child welfare, including foster care Pending foreclosure of rental housing Extremely low income (less than 30 percent of Area Median Income) High overcrowding (the number of persons exceeds health and/or safety standards for the housing unit size) Past institutional care (pnson, treatment facility, hospital) Recent traumatic life event, such as Siftatspouse or primary care g{>giy, or recent health crisis that prevented the household from meeting its financial responsibilities Docutnentation Required (Two sources required) - Letter from Case Manager with documentation of the following: • Income, and • Efforts to obtain housing, and • Why, without this assistance, the participant would be on the street; and - Copy eviction notice or eviction court order. - If living with family or friends, lease must name host family/friend as leaseholder. Written verification (signed, dated, and on agency letterhead) from the discharging institution's staff that the participant has been residing in the institution for 180 days or more and that the institution was unable to find housing other than emergency shelter for the applicant. Copy of notice from landlord/property manager or a government entity that housing has been condemned Income verification and check stubs from past 30 days Past and current utility bills demonstrating increase. Additional documentation may include utility shut-off notices. Written statement from a qualified medical professional that identifies mental health and substance abuse issues Written statement from a qualified medical professional that identifies chronic health issues Income verification and copy of lease showing monthly rental expenses Staff should prepare written information obtained from an identified third party regarding the participant's recent whereabouts. Statement MUST be signed and dated. Client Intake Written statement from child welfare agency that identifies current or past involvement Copy of notice from landlord, court, or other public record indicating residence is being foreclosed upon Income verification and check stubs from past 30 days Written documentation of home visit conducted by case manager and copy of lease showing authorized occupants Written verification (signed, dated, and on agency letterhead) from the discharging institution's staff that the participant has been residing in the institution Letter from Case Manager that details recent traumatic life event and written verification of event Prevention Page 20 Q obtaining of housing Significant amount of medical debt Recent medical receipts 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. Sec irity deposits. iv. Utility deposits. v. Utility payments. vi. Moving cost assistance vii Motel and hotel vouchers Income Fligible & Verification HPRP CONTRACT Catholic Charities Eligibility: Was the household's income calculated using the HUD HPRP Income Calculation Guidelines (see HPRP Income Calculation Worksheet)? Verification* See HUD Guidance for important details: http: / /www.hudhre info /documents /hprp IncomeDocRegs.ndf In order of preference by HUD Written third Party — verification in writing from a third party (e.g. individual employer, Social Security Administration, welfare office, etc.) either directly to HPRP staff or via the applicant. Oral Third Party — verification from a third party (e.g. individual employer Social Security Administration, welfare office, etc.) provided by the third party over the telephone or in -person directly to HPRP staff. Applicant Self -Declaration — an affidavit of income as reported by the household. HPRP staff should document an applicant's self -declaration and retain documentation in the HPRP participant file, per the requirements in the table below. By Service Type For Emergency or Short -Term. Assistance: Staff attempted to obtain written or oral third party verification. If higher level documentation was not available, applicant self -declaration (affidavit) was obtained prior to providing assistance. Prevention Page 21 Initial Assessment & Case Mgmt. Meeting (Date, Staff) Certify Ehgibility Every 3 months (include dates) Case Notes fype(s), Dates & Eligibility of Financial Assistance Provided No other assistance provided (by Fed State, Local Hsg Subsidy) for same cost type/time frame as HPRP Executed Leases Rent Reasonableness HPRP CONTRACT Catholic Charities For Medium -Term Rental Assistance: Before providing ongoing assistance (beyond three months) staff attempted to obtain written third party verification. If higher level verification was not available, oral third party verification was obtained and documented prior to providing assistance. Applicant self: declaration (affidavit) is only used as a last resort in rare circumstances. Does documentation show household met at least once with a case manager or appropriate staff person to assess their needs, develop a plan, and determine an appropriate level of HPRP assistance? This can part of, or separate from, the intake and eligibility determination process. For households receiving more than three months of HPRP assistance, does documentation show that a case manager or appropriate staff person recertified the household for eligibility to receive additional HPRP assistance) Were case notes adequate to show that supportive services were provided to each household as described in the case plan? What was the frequency of client contact? Does the client file clearly document the type(s) and duration of financial assistance provided to the household? Are all types and length of all financial assistance provided eligible and appropriate under HPRP regulations (less than 18 mos., third -party only)? Did the agency staff make a reasonable effort to verify that the participant is not receiving Section 8, FHPAP or similar housing subsidies for the same cost type and time -frame as HPRP assistance? (The client portion of rent arrears for subsidized housing is allowable when a time lag occurred between loss of income and recalculation of rent) For households receiving HPRP rental or security deposit assistance, does the client file contain a copy of a legal lease including the participant's name? For utility assistance or deposits, does the client file contain proof that the program participant (or a member of his/her household) has responsibility to make utility payments (such as cancelled checks or receipts in his/her name from a utihty company)? Does the client file contain evidence that the rental assistance paid (including rent arrears and security deposit) 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 (units not receiving a housing subsidy). Prevention Page 22 Habitability Inspection Assisted Property Not Owned by Grantee, Sub - grantee, Parent, Subsidiary or Affiliate Oiganization Lead -Based Paint Compliance? Staff Certification Terminations HPRP CONTRACT Catholic Charities • In making this determination, did the grantee or subgrantee consider o the location, quality, size, type, and age of the unit; o any amenities housing services, maintenance and utilities to be provided by the owner. • Comparable rents can be checked by using a o market study o reviewing comparable units advertised for rent, or o with a note from the property owner verifying the comparability of charged rents to other units owned (for example, the landlord would document the rents paid in other units). Applies to any client receiving financial assistance for re -housing • Is the Habitability Checklist present in the file? http://www.hudhre.info/documents/HabitStandarcisChecklist.doc • Did the unit meet the Habitability standard? Was the inspection conducted before assistance was provided? Using a list of properties provided by the grantee, verify that the HPRP-assisted properties were not owned by the grantee or its sub -grantees, parent, subsidiary or affiliate organizations • Does the client file contain a Lead Screening Worksheet that: • Determines whether the unit is subject to a visual assessment (and provides evidence of any exemption, such as property tax record, etc)? • If subject to visual assessment, did the assessment occur prior to the provision of HPRP assistance • Did the unit pass or were problems identified? • If deteriorated paint was identified, were o de minimus areas repaired prior to the provision of HPRP assistance? o problem areas greater than de minimum repaired following safe work practices (and a clearance exam passed) prior to the provision of HPRP assistance? See HUD Guidance for important details: httn*//www.hudhre.infoidocuments/HPRP LeadPaintGuidance.udf Is the HUD HPRP Staff Certification present and signed in each file? Note staff person and date. Staff Certification form available at: http://www.hudhresinfo/documents/HPRP_StaffCertification.pdf Households terminated from housing assistance for program violations, receive formal due process including: (1) written notice with clear reasons for termination, (2) an opportunity for a review Prevention Page 23 of the decision with the change to object before someone other than who made the original decision, and (3) prompt written notice of the final decision. Examples of Documents that May Be Needed: termination policy, written notice, client objection, written rural notice. 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. ii. Outreach and engagement: designed to publicize the availability of programs to make persons who are homeless or alrnost 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. HPRP CONTRACT Catholic Charities Prevention Page 24 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 tnust be included in determining the total period of the program participant's rental assistance, which may not exceed 18 months. 11. 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. 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 move -in by the program participants. 17. Legal services related to mortgages are not eligible. HPRP CONTRACT Catholic Charities Prevention Page 25 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 5`h day after the reporting month. HPRP CONTRACT Catholic Charities Prevention Page 26 Exhibit B HOUSING RELOCATION AND STABILIZATION Salaries- Prevention FICA- Prevention Life Insurance- Prevention Health Insurance- Prevention Disability Insurance- Prevention Unemployment -State- Prevention Worker's Comp - Prevention Retirement - Prevention Salaries- ReHousing FICA- ReHousing Life Insurance-ReHousing Health Insurance- ReHousing Disability Insurance- ReHousing Unemployment -State- ReHousing FINANCIAL ASSISTANCE Rental Assistance- Prevention Rental Assistance- ReHousing Utility Payments- Prevention Utility Deposits- ReHousing Moving Costs- ReHousing Motel/Hotel Vouchers- ReHousing Security Deposits- ReHousing HMIS HMIS- Prevention HMIS- ReHousing TOTAL HPRP CONTRACT AMOUNT HPRP CONTRACT Catholic Charities Account 2001 2002 2003 2004 2005 2006 2013 2007 2008 2009 2010 2011 2012 Grant Budget S3,843.00 $280.00 $552.00 $19.00 $34.00 $148.00 3001 $34,574.00 3002 3003 $5,000.00 3004 3005 3006 3007 4001 4002 $550.00 $45,000.00 Prevention Page 27 Agency: (111/1) Oft Chankeil :frO4 tti71-6 EXHIBIT C — AUDIT CER'1TY"1CATION FORM AND AUDIT REQUIREMENTS Fiscal Year Ending: 2-0 / 2.. 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 seven (7) 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 fiords 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) +� Fi .ti •,y N 3 - r �=. - . ;' - • - -% _ 3 t...:- . : r • :S �...7-71 __ z-m . d_r. - - --- _ - .+. _. lt /::i l :y •: - _' %T. _r' t •�- err ,I �� • i7eYj`t t'v4..-�•:-.a'-- �: i-'.i.. �LZ r i• '`.t,r... ftilltreira �:. �•. ?.•w -.dl . "'.v "Jr...,. •_..._ Y.' •• :r.�t_~•'a-,•^•i;!% •v'�•v . �i, • �r� `• '•mot 1I• y�. for • .^_: yr••_„ L� a t"-a.ti•.• • l t•(=/::r�i• �. // ' iY^S r tL.ti •f•t0 •t•_•%'4; L ';e.--.X t..2i ••'::. "Cr • ••.ti; :fir+:" 'ice=•::! rf.^r^ `�`: • i ..+ its c.•t•.•i. r(• I 1 I Total Federal Expenditures for this Fiscal Year: 1 tecideni /CO fiSh Date 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 ma y affect 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. HPRP CONTRACT Prevention Catholic Charities Page 28 Attachments I, II, IIIa and IIIb [ATTACHED] HPRP CONTRACT Catholic Charities Prevention Page 29 City, Period Agency: Address: State, Zip: Program: of Service: Program INVOICE Catholic Charities of Fort Worth Po Box 15610 Fort Worth, TX 76119 HPRP Amount This invoice Cumulative to Date Contractor's Certification: I certify that the costs incurred are valid, eligible, and consistent with the terms and conditions of the contract between Agency and City By signing this invoice, I certify that to the best of my knowledge and belief the data included in this report is true and accurate. It is acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal, state, and local law. Signature and Date: Name: Title: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 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 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Total Agency: Program: City of Fort Worth Housing end Economic Development Department Expenditure Worksheet Catholic Charities of Fort Worth HPRP 'Payton must identify employee. Rent must identify tenant. Other payments show 1 d identify individuals, if applicable. Attachment II Salaries- Prevention 1221 FICA -Prevention 1602 Life Insurance -Prevention 1003 Health Insurance- Prevention 1004 Disability insurance- Prevention I 1605 Unemployment -State- Prevention 1006 Legal & Accounting- Prevention 1007 Offce Supplies- Prevention 1008 Office Egyipment Rental- Prevention 1009 Postage- Prevention 1110 Priming- Prevention 1111 Salaries- ReHousino 1112 FICA- ReHousino 1113 Life Insurance- ReHousing 1114 Health Insurance- ReHousing 1115 Disabilitylnsurance- ReHousing j 1116 Unemployment-State-ReHousing 1117 Legal& Accouniino- ReHousing 1118 Office Supplies- ReHousing 1119 Office Equipment Rental- ReHousing 1120 Postage- ReHousing 1121 Printing-ReHousing 1122 Salaries -Prevention 2001 FICA- Prevention 2002 Life Insurance- Prevention Health Insurance- Prevention Disability Insurance- Prevention Unemployment -state- Prevention Salaries- ReHousing FICA- ReHousing Life Insurance-ReHousing Health Insurance- ReHousinq Disabifity Insurance- ReHousing Unemployment -Slate- ReHousino _ Rental Assistance -Prevention __ Rental Assistance- ReHousing Utility Payments- Prevention Utility Deposits- ReHousing Moving Costs- ReHousing Motel/Hofel Vouchers- ReHousing Security Deposits- ReHousinp HMIS- Prevention HMIS- ReHousino 2003 2004 2005 2006 2007 2008 2099 I 2010 2011 I 2012 Wea 3001 1 3002 3003 3004 3005 3006 3007 4001 4002 I Machment lila Agency: Program' Catholic Charities of Fon Worth HPRP-Prevention City of Fort Worth Housing and Economic Development Department Cliem Data Report Place a 1 In the appropriate column. if the aggregate count of any reported multiple race combination that Is not listed above exceeds 1% of the total population bang reported, the combination should be reported separately. ace a 1 in the appropriate column. Agency Program: Catholic Chanties of Fort Worth HPRP-Rapid ReHouslno City of Fort Worth Housing and Economic Development Department Client Data Report Place a 1 In the asp Prieto column. Rawpelliale Oat] •If the aggregate count of any reported multiple race combination that Is not listed above exceeds 7%of the total population being reported, the combination should be reported separately. Attachment Illb Place a 1 In -he appropriate column. FY 2012 Income Limit Area Fort Worth - Arlington, TX HUD Metro FMR Area Median Income $69,200 Fort Worth -Arlington, TX HUD Metro FMR Area FY2012 1 2 3 4 5 6 7 8 Income Limit Person Person Person Person Person Person Person Person Category Very Low (50%) Income Limits Extremely Low (30%) Income Limits $24,250 $27,700 $31,150 $34, 600 $37,400 $40,150 $42,950 $45,700 $14,550 $16,600 $18,700 $20,750 $22,450 $24,100 $25,750 $27,400 Low (80%) Income $38,750 $44,300 $49,850 $55,350 $59,800 $64,250 $68,650 $73,100 Limits M&C Review OUNCIL GENDA COUNCIL ACTION: Approved on 7/17/2012 Dff ciai'site of the t :o DATE: 7/17/2012 REFERENCE **C-25718 LOG NAME: 17HPRPCATHOLICCHARITIES_45K NO.. CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Change in Use and Expenditure in the Amount of $45,000.00 in Homelessness Prevention and Rapid Rehousing Funds and Authorize Execution of Contract with Catholic Charities of Fort Worth to Award Funds (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the Substantial Amendment to the City's 2008-2009 Action Plan regarding the change in use in the amount of $45 000.00 in funds for the Homelessness Prevention and Rapid Rehousing Program, 2. Authorize the execution of a contract with Catholic Charities of Fort Worth for a term beginning June 18, 2012 to July 21, 2012 in the amount of $45,000.00 from available Homelessness Prevention and Rapid Rehousing Program funds; and 3. Authorize the amendment of 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: On April 18, 2009, the City of Fort Worth (City) issued Requests for Proposals from local agencies to administer Homelessness Prevention and Rapid Rehousing (HPRP) activities to benefit low income City residents. On August 18, 2009 (M&C C-23715) the City Council authorized contracts to administer HPRP programs The contracts were for a term beginning September 1, 2009 and ending August 31, 2011. On December 13, 2011, (M&C C-25345) the City Council authorized amendments to contracts with Cornerstone Assistance Network, the Community Enrichment Center and SafeHaven of Tarrant County to increase funding and extend their contracts On May 1, 2012, (M&C C-25576) the City Council authorized a reallocation of funds for up to $300,000.00 to Cornerstone Assistance Network, The Salvation Army and the Fort Worth Housing Authority. Catholic Charities of Fort Worth (CCFW) was awarded a total of $1,429,925.13 in HPRP funds, but was unable to expend all funds before the contract term expired. Therefore some funds are still available and must be expended by July 21, 2012. In order to meet the United States Department of Housing and Urban Development (HUD) deadline, CCFW has agreed to expend some of the available funds through a new contract with the City. Staff recommends that the City Council authorize execution of a contract and approve the expenditure of $45 000.00 in HPRP funds to Catholic Charities of Fort Worth These funds will be utilized to provide financial assistance and housing relocation and stabilization services to homeless households and households at risk of homelessness. Costs include, but are not limited FORT % ORTI1 http://apps.cfwnet.org/council_packet/mc review.asp?ID=17043&councildate=7/17/2012[7/17/2012 3:11:17 PM] M&C Review to, rental assistance, utility assistance, case management expenses and costs related to reporting in the local Homeless Management Information System. The total amount of HPRP funds expended by CCFW will not exceed what was approved in the original allocation A public comment period concerning the change in use of these funds was held from April 29, 2009 to May 11, 2009. Any comments are maintained by the Housing and Economic Development Department in accordance with federal regulations. 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 GR76 539120 017206359XXX $45.000.00 Submitted for Citv Manaaer's Office bvs Oriainatina Department Head: Additional Information Contact: ATTACHMENTS FROM Fund/Account/Centers GR76 539120 017206359XXX. $45.000.00 Fernando Costa (6122) Jay Chapa (5804) Cynthia Garcia (8187) Charletra Hurt (7536) http://apps.cfwnet.org/council_packet/mc review.asp?ID=17043&councildate=7/17/2012[7/17/2012 3:11:17 PM]