HomeMy WebLinkAboutContract 43774 STATE OF TEXAS CITY SECRETARY ONTRAST'NO.
�AS §
COUNTY OF TARRANT §
This contract ("Contract") is made and entered into by and between the City of
Fort Worth (hereafter "City") and Tarrant County Housing Partnership, Inc. (hereafter
"Agency"), a Texas nonprofit corporation. City and Agency may be referred to
individually as a "Party"and jointly as "the Parties".
The Parties state as follows:
WHEREAS, City has adopted its 2010-2013 Consolidated Plan which outlines
how the City will spend federal grant funds received from the United States Department
of Housing and Urban Development ("HUD") and sets goals to develop, among other
things, viable urban communities by providing decent housing principally for low- and
moderate- income persons;
WHEREAS, one of the goals of the City's Consolidated Plan is to increase
homeownership by providing housing counseling to 300 new homebuyers during this
period, r,
WHEREAS, Agency will provide housing counseling services and home
ownership training to low- and moderate- income homebuyers as further described in
Exhibit "A"- Program Summary which will assist the City in meeting its overall
affordable housing and community development goals;
WHEREAS, Agency was awarded Community Development Block Grant
("CDBG") funds by City in Program Years 2010-2011 and 2011-2012 to provide housing
counseling services but due to reductions in the City's CDBG funds from HUD, the City
Council agreed to allocate certain General Funds in the City's Fort Worth Housing Trust
Fund to Agency to continue offering these services in Program Year 2012-2013 (M&C
C-25 802);will provide services as
WHEREAS, the Agency's services will be provided in accordance with HUD
requirements, and the General Funds allocated by this Contract will be considered as
leverage and will be reported in the City's Consolidated Annual Performance and
Evaluation Report("CAPER");
WHEREAS, City citizens, the Community Development Council, and the City
Council have determined that this program is needed by the City's citizens;
NOW, THEREFORE, the Parties understand and agree as follows:
1. INCORPORATION OF RECITALS.
City and Agency hereby agree that the recitals set forth above are true and correct
and form the basis upon which the Parties have entered into this Contract.
OFFICIAL RIECOR"
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2. DEFINITIONS.
In addition to terms defined in the body of this Contract, the terms set forth below
shall have the definitions ascribed to them as follows:
Area Median Income or AMI means the median family income for the Fort worth-
Arlington metropolitan statistical area as established by HUD. The 2012 income limits
are attached hereto as Exhibit F—Income Limits.
Business Diversity Enterprise ordinance or BDE means the City's Business Diversity
Ordinance, Ordinance No. 20020-12-2011.
Complete Documentation means:
• Attachments I and II, with supporting documentation including:
o Proof of expense: copies of timesheets, invoices, leases, service
contracts or other documentation showing that payment is due by
Agency.
o Proof of payment: cancelled checks, bank statements, or wire
transfers necessary to demonstrate that amounts due by Agency
were actually paid by Agency.
• Proof of client eligibility:
o Source Documentation sufficient to show that clients participating
in the Program are Eligible Clients.
Other documentation: (i) documentation to show compliance with BDE
or DBE bidding process for procurement or Contract activities, if
applicable; and (ii) any other document or records reasonably necessary to
verify costs spent and client eligibility for the Program.
Eligible Client means a client whose annual income adjusted for family size does not
exceed 80% of AMI using the most current HUD Income Guidelines and Technical
Guidance for Determining Income and Allowances verified by either Source
Documentation or the form in Exhibit E - Income Certification. The definition of
annual income to determine client income eligibility under this Contract shall be the
definition contained in 24 CFR Part 5.609 as amended from time to time.
City Funds means City's General Funds supplied by City to Agency under the terms of
this Contract.
DBE means disadvantaged business enterprise.
Director means the Director of the City's Housing and Economic Development
Department.
Effective Date means October 1, 2012.
HED Department means the City's Housing and Economic Development Department.
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Program shall mean the service(s)described in Exhibit"A"--Program Summary.
Y
Reimbursement Request shall mean all reports and other documentation described in
Section 9.
Source Documentation means any documentation allowed under the 24 CFR Part 5.609
definition of annual income.
Unduplicated Clients means a count of individuals served once in the Contract year.
Even if a person is served multiple times in the Contract year, they will only be counted
once when determining the number of Unduplicated Clients.
3. TERM,
The term of this Contract begins on October 1, 2012) and terminates on
September 30, 2013 unless otherwise terminated as provided in this Contract.
4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Provide City Funds.
City shall pay up to NINETY SEVEN THOUSAND SIX HUNDRED EIGHT
AND NO/100 Dollars ($97,608.00) of City Funds on a reimbursement of expenses basis,
under the terms and conditions herein. City reserves the right to amend or terminate this
Contract.
4.2 Monitor.
City will monitor the activities and performance of Agency and any of its
contractors or subcontractors as necessary. Monitoring may include all phases and
aspects of Agency's performance to determine compliance with the Program and other
technical and administrative requirements of this Contract including the adequacy of
Agency's records and accounts.
5. DUTIES AND RESPONSIBILITIES OF AGENCY.
5.1 Required Services.
In accordance with the terms and conditions of this Contract,Agency shall
perform the service as described in Exhibit"A"—Program Summary.
5.2 Use of City Funds.
5.2.1. Expenditures in Compliance with Contract.
Agency shall be reimbursed for the Program costs with City Funds only if City
determines in its sole discretion that:
5.2.1.1 Costs are eligible expenditures.
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5.2.1.2 Costs are in compliance with this Contract and are
reasonable and consistent with industry norms.
5.2.1.3 Complete Documentation is submitted to City by Agency.
5.2.2 Bud et.
Agency agrees that City Funds will be reimbursed in accordance with Exhibit
"B" - Budget. During the Term, Agency may submit written requests to increase or
decrease line-item amounts in the Budget, including an explanation of why such
increases or decreases are necessary. All such requests must be approved by the Director
in writing, such approval being in the Director's sole discretion. If Director gives written
approval of Agency's proposed Budget amendment (as approved, the "Amended
Budget"), then the Amended Budget will take effect on the first day of the month
following the month in which it was approved by Director, unless otherwise specified in
the amendment. Final budget amendment requests must be submitted by August 15,
2013.
5.2.3 Change in Program Budget.
5.2.3.1 Agency will notify City promptly of any additional funds it
receives for operation of the Program, and City reserves the
right to amend this Contract in such instances to ensure
compliance with standard principles of cost allocation.
5.2.3.2 Agency agrees to utilize funds available under this Contract
to supplement rather than supplant funds otherwise
available for use in the Program.
5.2.4 Payment of City Funds to Agency_
City Funds will be disbursed to Agency on a reimbursement basis upon City's
approval of Agency's written and signed Reimbursement Requests including submission
of Complete Documentation to City. If Agency expends all funds prior to September 20,
2013, City may hold back a small amount of the City Funds until the end of the Term.
During this interim period, Agency must continue to submit Reimbursement Requests
with an invoiced amount of$0.00.
5.3 Pro ram Performance Milestones.
Agency warrants that the Program will achieve the following milestones:
3 27.27% 27.27%
f 54.54% 54.54%
8 72.72% 72.72%
11 100% 100%
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Failure of Agency to meet these milestones or a material deviation from them as
outlined in this Section 5.3 is a breach of this Contract. For the purpose of this Section
"material deviation" shall mean more than 10% lower than the specified goal. In the
event of such breach, City reserves the right at its sole option to delay or withhold
payment of Reimbursement Requests, to lower Agency's allocation of City Funds, or to
terminate this Contract.
5.4 Commin led Funds.
Agency will not commingle City Funds with any other funds in any manner that
would prevent City from readily identifying expenditures for operation of the Program.
5.5 Meet Consolidated Plan Goal.
Agency certifies that the activities carried out under the Program and this Contract
will meet the Consolidated Plan goal of benefitting low- and moderate- income persons
with housing counseling services.
6. CLIENT ELIGIBILITY VERIFICATION.
6.1 Client Efl_2ibi1i1X,.
Agency will document the eligibility of all prospective clients. Agency will
document client eligibility using the method set forth below in Section 6.1.1..
6.1.1 Aizencies Receivina City Funds. Agency must verify all new clients'
income eligibility with either Source Documentation or the form attached as Exhibit"E"
—Income Certification Forms. Agency must use the annual income definition used by
24 CFR 5.609 to establish client income eligibility. Agency shall use the most current
HUD Income Guidelines. All clients' income must be documented, but only 51% of
clients must meet income eligibility requirements described in 24 CFR 5.609.
6.2 Submission of Eligibilitv Documentation.
Agency must submit copies of all relevant components of the eligibility
verification documentation described in Section 6.1 with Attachment III in each
month's Reimbursement Request, and must maintain copies of such documentation as
required under this Contract.
7. ADDITIONAL CITY REQUIREMENTS.
Agency agrees to comply with the following additional,requirements:
7.1 Monitorin .
7.1.1 Agency understands and agrees that it will be subject to monitoring by
City for compliance with this Contract for the duration of this Contract. Agency will
provide reports and access to Program files as requested by City for 5 years after the
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termination of this Contract, and will meet all the reporting requirements set out in this
Contract. This Section shall survive the termination or expiration of this Contract.
7.1.2 City shall have access at all reasonable hours to the Agency's offices and
records dealing with the use of the City Funds that are the basis of this Contract, and to
Agency's officers, directors, agents, employees, contractors and subcontractors for the
purpose of such monitoring.
7.1.3 In addition to other provisions of this Contract regarding frequency of
monitoring, City reserves the right to perform desk reviews or on-site monitoring of
Agency's compliance with the terms and conditions of this Contract, and of the adequacy
and timeliness of Agency's performance under this Contract. After each monitoring visit,
City shall provide Agency with a written report of the monitor's findings. If the
monitoring report notes deficiencies in Agency's performance, the report shall include
requirements for the timely correction of said deficiencies by Agency. Failure by Agency
to take the action specified in the monitoring report may be cause for suspension or
termination of this Contract as provided herein.
7.1.4 Agency will maintain all records related to this Contract for a minimum of
5 years after termination of the Contract.
7.2 Aizencv Procurement Standards.
Agency shall establish procurement procedures to ensure that materials and
services are obtained in a cost effective manner.
7.3 Cost Princi leslCost Reasonableness.
Agency shall administer its use of City Funds in compliance with OMB Circular
A-122, "Cost Principles for Non-Profit Organizations", as amended from time to time.
The allowability of costs incurred for performance rendered shall be determined in
accordance with OMB Circular A-122 as supplemented by the provisions of this
Contract.
7.4 Accounti'n2 Standards.
Agency 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.
7.5 Terms Applicable to Agencies and Subcontractors.
Agency understands and agrees that all terms of this Contract, whether regulatory
or otherwise, shall apply to any and all contractors and subcontractors of Agency which
are in any way paid with City Funds or who perform any work in connection with the
Program. Agency shall cause all applicable provisions of this Contract to be included in
and made a part of any contract or subcontract executed in the performance of its
obligations hereunder. Agency shall monitor the services and work performed by its
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contractors and subcontractors on a regular basis for compliance with the Contract
provisions. Agency is liable for all violations of the Contract committed by its
contractors or subcontractors. City maintains the right to insist on Agency's full
compliance with the terms of this Contract and Agency is responsible for such
compliance regardless of whether actions taken to fulfill the requirements of this Contract
are taken by Agency or by Agency's contractors or subcontractors.
S. RECORD KEEPING REPORTING AND DOCUMENTATION
REQUIREMENTS.
8.1 Record Keeping.
Agency shall maintain a record-keeping system as part of its performance of this
Contract and shall promptly provide City with copies of any document City deems
necessary for the effective fulfillment of City's monitoring and evaluation
responsibilities. Specifically, Agency will keep or cause to be kept an accurate record of
all actions taken and all funds spent,with source and back-up documentation.
8.2 Access to Records.
City will have full access to, and the right to examine, audit, copy, excerpt and/or
transcribe any of Agency's records pertaining to all matters covered by this Contract.
8.3 Reports.
Agency will submit to City all reports and documentation described in this
Contract, in such form as City may prescribe, pertaining to the activities undertaken as a
result of this Contract. Failure to submit any report or documentation described in this
Contract to City shall be an event of default of this Contract and City may exercise all of
its remedies for default under this Contract.
8.4 Change in Reporting Requirements and Forms.
City retains the right to change reporting requirements and forms at its discretion.
City will notify Agency in writing of such change, and the Parties shall execute an
amendment to the Contract reflecting such change.
9. REIMBURSEMENT REQUIREMENTS.
9.1 Deadline for Submitting Reimbursement Rea nests.
Each Reimbursement Request shall be received by the City on or before the 15'h
day of the month following the month expenses were paid. For example, Reimbursement
Requests for June expenses must be received by July 15. In the event the 15th falls on a
weekend or City holiday, Reimbursement Requests shall be due the next business day.
Failure to submit a Reimbursement Request in a timely fashion will result in City
initiating procedures as outlined in Section 10.1. NOTWITHSTANDING ANYTHING
ABOVE, EXPENSES FOR SEPTEMBER 2013 MUST BE RECEIVED BY
SEPTEMBER 20, 2013, FAILURE TO SUBMIT A COMPLETE
REIMBURSEMENT REQUEST BY SEPTEMBER 20, 2013 WILL RESULT IN
AN AUTOMATIC FORFEITURE OF THE SEPTEMBER PAYMENT.
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9.2 With each Reimbursement Request, Agency shall provide City with
Complete Documentation and the following reports as shown in EXHIBIT D —
REIMBURSEMENT FORMS:
9.2.1 Attachment I---Invoice.
This report shall contain the amount requested for reimbursement each month,
and the cumulative reimbursement requested to date (inclusive of that month's request).
Even if Agency is requesting $0.00 for a particular month, this report must be submitted.
This report must be signed by an authorized signatory of the Agency. By signing
Attachment I, Agency is Certifying that the costs are valid, eligible, and consistent with
the terms and conditions of this Contract, and the data contained in the report is true and
correct.
9.2.2 Attachment II-- Expenditure Worksheet.
This report shall itemize each expense requested for reimbursement by Agency
and shall include the Account corresponding the expense to a budget line item in
Attachment II. In order for this report to be complete the following must be submitted:
9.2.2.1 For payroll expenses, timesheets signed by employees and
approved by supervisor for all payroll expenses listed.
Timesheets must distinguish between City-funded time and
non-City-funded time and reflect actual time spent on City-
funded activities.
9.2.2.2 For non-payroll expenses, invoices for each expense listed
with an explanation as to how the invoiced expense
pertains to the Program.
9.2.2.3 Proof that each expense was paid by Agency, which proof
can be satisfied by cancelled checks, wire transfer
documentation, paid receipts or other appropriate banking
documentation.
9.2.3 Attachment III—Client Data Report.
This report shall list each new client served during the month along with their
demographic information. Clients listed on previous months' reports should not be listed
again; each month's report should only contain a listing of new Unduplicated Clients. In
order for this report to be complete the following must be submitted:
9.2.3.1 Documentation of income verification for each client,
which will either be the Source Documentation described in
Section 6.2.1, or the completed Form of Self Certification
attached hereto as Exhibit "E"- Income Certification
Forms.
9.3 Withholding Pavment. _
CITY HAS NO OBLIGATION TO MADE PAYMENT ON ANY
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REIMBURSEMENT REQUEST THAT IS NOT RECEIVED BY THE DUE DATE.
Failure to timely submit Reimbursement Requests and Complete Documentation
along with any required reports shall be an event of default.
10. DEFAULT AND TERMINATION.
10.1 Failure to Submit Re wired Documentation
10.1.1 If Agency fails to submit a Reimbursement Request, or if the
submitted Reimbursement Request is incomplete or otherwise not in compliance with this
Contract as determined by City, Agency shall be in default of this Contract. City will
notify Agency in writing of such default and the Agency will have 10 calendar days from
the date of the written notice to submit or resubmit any such Reimbursement Request to
cure the default. If the Agency fails to cure the default within such time, Agency shall
forfeit any payments otherwise due that month.
10.1.2 NOTWITHSTANDING THE PROVISIONS OF SECTION
10.1.11 IF AGENCY FAILS TO SUBMIT THE REIMBURSEMENT REQUEST
DUE SEPTEMBER 20, 2013, OR IF THE SUBMITTED REIMBURSEMENT
REQUEST FOR SEPTEMBER 20, 2013 IS LATE, INCOMPLETE OR
OTHERWISE NOT IN COMPLIANCE WITH THIS CONTRACT AS
DETERMINED BY CITY, THERE WILL BE NO CURE PERIOD AND ANY
REIMBURSEMENT WILL BE AUTOMATICALLY FORFIETED.
10.1.3 In the event of (1) an uncured default under Section 10.1.1 or (ii)
more than 2 instances of default, cured or uncured, under such Section, City reserves the
right at its sole option to terminate this Contract effective immediately upon written
notice of such intent with no penalty or liability to City.
1 0.1.4 Notwithstanding anything to the contrary herein, City will not be
required to pay any City Funds to Agency during the period that any Reimbursement
Request, report or documentation is past due or is not in compliance with this Contract,
or during any period during which Agency is in default of this Contract.
10.1.5 In the event of termination under this Section 10.1, all City Funds
awarded but unpaid to Agency pursuant to this Contract shall be immediately forfeited
and Agency shall have no further right to such funds.
10.2 Failure to Maintain Documentation.
If Agency fails to maintain all records and documentation as required in Section
S, or if the maintained or submitted report or documentation is not incompliance with this
Contract as determined by City in its sole discretion, City will notify Agency in writing
and Agency will have 30 calendar days from the date of the written request to obtain or
recreate the missing records and documentation or submit or resubmit any such report or
documentation to City. If Agency fails to maintain the required reports or
documentation, or submit or resubmit any such report or documentation within such time,
City shall have the right to terminate this Contract effective immediately upon written
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notice of such intent with no penalty or liability to City. In the event of termination under
this Section 10.2, any City Funds paid to.Agency must be repaid to City within 30 days
of termination notice. Failure to repay such City Funds will result in City exercising all
legal remedies available under this Contract.
10.3 In General.
Subject to Section 10.1, and unless specifically provided otherwise in this
Contract, Agency shall be in default under this Contract if Agency breaches any term or
condition of this Contract. In the event that such a breach remains uncured after 30
calendar days following written notice by City (or such other notice period as may be
specified herein) or, if Agency has diligently and continuously attempted to cure
following receipt of such written notice but reasonably requires more than 30 calendar
days to cure, as determined by both Parties mutually and in good faith, City shall have the
right to elect, as determined in City's sole discretion, to terminate this Contract effective
immediately upon written notice of such intent to Agency, or to pursue any other legal
remedies available to City. In the event of termination under this Section 10.3, all City
Funds awarded but unpaid to Agency pursuant to this Contract shall be immediately
rescinded and Agency shall have no further right to such funds, and any City Funds
already paid to Agency must be repaid to City within 30 days of the termination. If such
City Funds are not repaid to City within the 30 day period, City shall exercise all of its
remedies under this Contract.
10.4 No Funds Disbursed while in Breach.
Agency understands and agrees that no City Funds will be paid to Agency until all
defaults are cured to City's satisfaction.
10.5 No Compensation After Date of Termination.
Agency shall not receive any compensation for work undertaken after the date of
the termination.
10.6 Rights of City Not Affected.
Termination shall not affect or terminate any of the existing rights of City against
Agency, or which may thereafter accrue because of Agency's default. Such termination
does not terminate any provisions of this Contract that have been expressly noted as
surviving the Term or termination of the Contract.
10.7 Waiver of Breach Not Waiver of Subse uent Breach.
The waiver of a breach of any term, covenant, or condition of this Contract shall
not operate as a waiver of any subsequent breach of the same or any other term, covenant
or condition hereof
10.8 Civil Criminal and Administrative Penalties.
Failure to perform all the Contract terms may result in civil, criminal or
administrative penalties, including,but not limited to those set out in this Contract.
10.9 Termination for Cause.
City may terminate this Contract in the event of Agency's default, inability, or
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failure to perform, or otherwise whenever such termination is determined by City to be in
City's best interest. Likewise, Agency may terminate this Contract if City does not
provide the City Funds substantially in accordance with this Contract.
10.10 Termination for Convenience.
This Contract may be terminated in whole or in part only as follows:
10.10.1 By City with the consent of Agency in which case the Parties shall
agree upon the termination conditions, including the effective date and in the
case of partial termination,the portion to be terminated, or
10.10.2 By the Agency upon written notification to City, setting forth the
reasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated. However, if City determines in the
case of a partial termination that the remaining portion of the Contract to be
performed or City Funds to be spent will not accomplish the purposes for
which the Contract was made, City may terminate the Contract in its entirety.
1 0.11 Dissolution of Azency Terminates Contract.
In the event Agency is dissolved or ceases to exist, all assets acquired with City
Funds including cash, interest payments from loans or otherwise, all outstanding notes,
mortgages or other security instruments used to secure CDBG Funds, any accounts
receivable attributable to the use of City Funds, and any real or personal property owned
by Agency that was acquired or improved with City Funds shall automatically transfer to
City and this,Contract shall terminate.
11. REPAYMENT OF CITY FUNDS.
All City Funds are subject to repayment in the event the Program does not meet
the requirements as set out in this Contract.
12, CHANGE IN NON-PROFIT STATUS.
If the non-profit status of Agency changes after the date of this Contract, City
may but is not obligated to, terminate this Contract. Agency must provide City with
written notification of any changes to its non-profit status within 15 days of being
notified of the change. City has 30 days to make such determination after receipt of
notice from Agency and failure to make such determination will constitute a waiver. In
the event of termination under this Section 12, all City Funds awarded but unpaid to
Agency pursuant to this Contract shall be immediately rescinded and Agency shall have
no further right to.such funds. Any City Funds already paid to Agency must be repaid to
City within 30 days of the termination.
13. SURVIVAL.
Any provision of this Contract that pertains to auditing, monitoring, client income
eligibility, record keeping"and reports, City ordinances, or applicable City requirements,
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and any default and enforcement provisions necessary to enforce such provisions, shall
survive the termination of this Contract for 5 years after the termination date and shall be
enforceable by City against Agency.
14. GENERAL PROVISIONS
14.1 Agency an Independent Contractor.
Agency shall operate hereunder as an independent contractor and not as an
officer, agent, servant or employee of City. Agency 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, contractors, clients,
licensees or invitees.
14.2 Doctrine of Res ondeat Su erior.
The doctrine of respondeat superior shall not apply as between City and Agency,
or its officers, members, agents, servants, employees, contractors, clients, licensees or
invitees, and nothing herein shall be construed as creating a partnership or joint enterprise
between City and Agency. City does not have the legal right to control the details of the
tasks performed hereunder by Agency, its officers, members, agents, employees,
contractors, licensees or invitees.
14.3 Agency Property.
City shall under no circumstances be responsible for any property belonging to
Agency, or its officers, members, agents, employees, contractors, clients, licensees or
invitees that may be lost, stolen or destroyed or in any way damaged and AGENCY
HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY AND ITS OFFICERS,
AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS OR SUITS
PERTAINING TO OR CONNECTED WITH SUCH PROPERTY.
14.4 Religious organization.
No portion of the City Funds shall be used in support of any sectarian or religious
activity. In addition, there must be no religious or membership criteria for clients of a
City-funded service.
14.5 Audit.
14.5.1 City Reserves the Ri ht to Audit.
City reserves the right to perform an audit of Agency's Program operations and
finances at any time during the term of this Contract and for 5 years after the termination
thereof. Agency agrees to allow access to all pertinent materials as described herein. If
such audit reveals a questioned practice or expenditure, such questions must be resolved
within 15 business days after notice to Agency of such questioned practice or
expenditure. If questions are not resolved within this period, City reserves the right to
withhold further funding under this and/or future contract(s) with Agency. IF AS A
RESULT OF ANY AUDIT IT IS DETERMINED THAT AGENCY HAS
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FALSIFIED ANY DOCUMENTATION OR MISUSED, MISAPPLIED OR
MISAPPROPRIATED CDBG FUNDS OR SPENT CDBG FUNDS ON ANY
INELIGIBLE ACTIVITIES, AGENCY AGREES TO REIMBURSE CITY THE
AMOUNT OF SUCH MONIES PLUS THE AMOUNT OF ANY SANCTIONS,
PENALTY OR OTHER CHARGE LEVIED AGAINST CITY BY HUD BECAUSE
OF SUCH ACTIONS.
14.6 Venue.
Venue for any action, whether real or asserted, at law or in equity, arising out of
the execution, performance, attempted performance or non-performance of this Contract,
shall lie in Tarrant County, Texas.
14.7 Governing Law.
In any questions involving state law, for any action, whether real or asserted, at
law or in equity, arising out of the execution, performance or non-performance of this
Contract, in any issue not governed by federal law, the choice of law shall be the law
from the State of Texas.
14.8 Severability.
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.
14.9 Written A reement Entire Contract.
This written instrument and the Addendums, Attachments, and Exhibits attached
hereto, which are incorporated by reference and made a part of this Contract for all
purposes, constitute the entire agreement by the Parties hereto concerning the work and
services to be performed under this Contract. Any prior or contemporaneous oral or
written agreement, which purports to vary the terms of this Contract, shall be void. Any
amendments to the terms of this Contract must be in writing and must be executed by
each Party to this Contract.
14.10 Paragraph Headings for Reference only, No Legal
Significance.
The paragraph headings contained herein are for convenience in reference to this
Contract and are not intended to define or to limit the scope of any provision of this
Contract.
14.11 Compliance With All Applicable Laws and Resiulations.
By signing this Contract, Agency certifies that it complies with all applicable laws
and regulations that are currently in effect or that are hereafter amended during the
performance of this Contract. Those laws include,but are not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.)
including provisions requiring recipients of federal assistance to ensure
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meaningful access by person of limited English proficiency
➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
Sections 3 601 et seq.)
➢ Executive Orders 11063, 11246 as amended by 1.13 75 and 12086 and as
supplemented by Department of Labor regulations 41 CFR, Part 60
➢ The Age Discrimination in Employment Act of 1967
➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.)
➢ Section 504 of the Rehabilitation Act of 1 973 (29 U.S.C. Sections 794 et seq.)
and 24 CFR Part 8 where applicable
➢ National Environmental Policy Act of 1969, as amended, 42 U.S.C. sections
4321 et seq. ("NEPA") and the related authorities listed in 24 CFR Part 58.
➢ The Clean Air Act, as amended, (42 U.S.C. Sections 1251 et seq.) and the
Clean Water Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.) and
the related 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.
➢ Immigration-Reform and Control Act of 19 8 6 (8 U.S.C. S ections 1101 et seq.)
specifically including the provisions requiring employer verifications of legal
status of its employees
➢ The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et
seq.), the Architectural Barriers Act of 1968 as amended (42 U.S.C. sections
4151 et seq.) and the Uniform Federal Accessibility Standards, 24 CFR Part
40, Appendix A
➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 711 et seq.) and 24
CFR Part 23, Subpart F
➢ 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
14.12 Prohibition Aiainst Discrimination.
14.12.1 General Statement.
Agency, in the execution, performance or attempted performance of this Contract,
shall comply With all non-discrimination requirements of 24 CFR 570.607 and the
ordinances codified at Chapter 17, Article III, Division 4 — Fair Mousing of the City
Code. Agency may not discriminate against any person because of race, color, sex,
gender, religion, national origin, familial status, disability or perceived disability, sexual
orientation, gender identity, gender expression, or transgender, nor will Agency permit its
officers, members, agents, employees, or clients to engage in such discrimination.
This Contract is made and entered into with reference specifically to the
ordinances codified at Chapter 17, Article III, Division 3 -� Employment Practices of the
City Code, and Agency hereby covenants and agrees that Agency, its officers, members,
agents, employees and contractors, have fully complied with all provisions of same and
GENERAL FUNDS PSA CONTRACT 2012-2013-TARRANT COUNTY HOUSING PARTNERSHIP14
INC.
that no employee, or applicant for employment has been discriminated against under the
terms of such ordinances by either or its officers, members, agents, employees or
contractors.
14.12.2 No Discrimination in Employment during the Performance of
This Contract.
During the performance of this Contract Agency agrees to the following
provision, and will require that its contractors and subcontractors also comply with such
provision by including it in all contracts with its contractors:
[Contractor or subcontractor's name] will not unlawfully discriminate against any
employee or applicants for employment because of race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation,
gender identity, gender expression or transgender. Agency will take affirmative action to
ensure that applicants are hired without regard to race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation,
gender identity, gender expression or transgender and that employees are treated fairly
during employment without regard to their race, color, sex, gender, religion, national
origin, familial status, disability or perceived disability, sexual orientation, gender
identity, gender expression or transgender. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. Agency agrees to post
in conspicuous places, available to employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause.
[Contractor or subcontractor's name] will, in all solicitations or advertisements
for employees placed by or on behalf of Agency, state that all qualified applicants will
receive consideration for employment without regard to race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation,
gender identity, gender expression or transgender.
[Contractor or subcontractor's name] covenants that neither it nor any of its
officers, members, agents, employees, or contractors, 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 or because of any disability or
perceived disability, except on the basis of a bona fide occupational qualification,
retirement plan or statutory requirement.
[Contractor or subcontractor's name] further covenants that neither it nor its
officers, members, agents, employees, contractors, 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.
GENERAL FUNDS PSA CONTRACT 2012-2013-TARRANT COUNTY HOUSING PARTNERSHIPI 5
INC.
14.1.2.3 Ayency's Contractors and the ADA.
In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), Agency warrants that it and any of its contractors 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, or employees of Agency or any of its contractors. AGENCY
WARRANTS IT WILL FULLY COMPLY WITH ADA'S PROVISIONS AND
ANY OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS
CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD
CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED
BY THIRD PARTIES OR CONTRACTORS AGAINST CITY ARISING OUT OF
AGENCY'S AND/OR ITS CONTRACTORS', AGENTS' OR EMPLOYEES'
ALLEGED FAILURE TO COMPLY WITH THE ABOVE-REFERENCED LAWS
CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF
THIS CONTRACT,
14.13. Prohibition Against Interest 1 Conflict of Interest.
14.13.1 Agency shall establish safeguards to prohibit its employees, board
members, advisors and agents from using positions for a purpose that is or gives the
appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business or other ties. Agency shall
disclose to City any conflict of interest or potential conflict of interest described above,
immediately upon discovery of such.
14.13.2 No persons who are employees, agents, consultants, officers or
elected officials or appointed officials of City or of Agency who exercise or have
exercised any functions or responsibilities with respect to activities assisted with City
funds or who are in a position to participate in a decision-making process or gain inside
information with regard to these activities may utilize City-funded services, may obtain a
financial interest or benefit from a City--assisted activity, or have an interest in any
contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either
for themselves or those with whom they have family or business ties, during their tenure
or for I year thereafter, unless they are accepted in accordance with the procedures set
forth in the City ordinances .
14,13.3 Agency affirms that it will adhere to the provisions of the Texas
Penal Code which prohibits bribery and gifts to public servants.
14.13.4 The conflict of interest provisions of 24 CFR Part 55.36 and 24
CFR Part 84.42, respectively, shall apply in the procurement of property and services by
Agency.
14.14 Subcontracting with Small and Minoritv Firms Women's
Business Enterprises and Labor Surplus Areas.
GENERAL FUNDS PSA CONTRACT 2012-2013--TARRANT COUNTY HOUSING PARTNERSHIP/6
INC.
14.14.1 For procurement contracts $50,000.00 or larger Agency agrees to
abide by City's policy to involve Minority Business Enterprises and Small Business
Enterprises and to provide them 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. Agency agrees to incorporate the City's
BDE Ordinance, and all amendments or successor policies or ordinances thereto, into all
contracts and subcontracts for procurement $50,000.00 or larger and will further require
all persons or entities with which it so contracts to comply with said ordinance.
14.14.2 It is national policy to award a fair share of contracts to
disadvantaged business enterprises (DBEs), small business enterprises (SBEs), minority
business enterprises (MBEs), and women's business enterprises (VVBEs). Accordingly,
affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized
when possible as sources of supplies, equipment, construction and services.
14.15 other Laws.
The failure to list any federal, state or City ordinance, law or regulation that is
applicable to Agency does not excuse or relieve Agency from the requirements or
responsibilities in regard to following the law, nor from the consequences or penalties for
Agency's failure to follow the law, if applicable.
14.16 Assignment.
Agency shall not assign all or any part of its rights, privileges, or duties under this
Contract without the prior written approval of Director. Any attempted assignment of
same without approval shall be void, and shall constitute a breach of this Contract.
14.17. Right to Inspect Asiency Contracts.
It is agreed that City has the right to inspect and approve in writing any proposed
contracts between Agency and any contractor engaged in any activity in conjunction with
this City-funded Program prior to any charges being incurred.
14.18 Force Ma_i eure
If Agency becomes unable, either in whole or part, to fulfill its obligations under
this Contract due to acts of God, strikes, lockouts, or other industrial disturbances, acts of
public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires,
floods, restraints or prohibitions by any court, board, department, commission or agency
of the United States or of any States, civil disturbances, or explosions, or some other
reason beyond Agency's control (collectively, "Force Maj eure Event"), the obligations so
affected by such Force Maj eure Event will be suspended only during the continuance of
such event. Agency will give City written notice of the existence, extent and nature of
the Force Maj eure Event as soon as reasonably possible after the occurrence of the event.
Failure to give notice will result in the continuance of Agency's obligation regardless of
the extent of any existing Force Majeure Event. Agency will use commercially
reasonable efforts to remedy its inability to perform as soon as possible.
15. Indemnification and Release.
GENERAL FUNDS PSA CONTRACT 2012-2013-TARRANT COUNTY HOUSING PARTNERSHIPI 7
INC.
AGENCY COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS,OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE
EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR
NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS,
ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN,
WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY; AND AGENCY 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 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. AGENCY 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 AGENCY, ITS
OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, INVITEES, LICENSEES, OR CLIENTS, OR CAUSED, IN
WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF
CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH AGENCY
AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION
INCLUDES INDEMNITY BY AGENCY TO INDEMNIFY AND PROTECT CITY
FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER
THAT NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING
CAUSE OF THE INJURY,DAMAGE OR DEATH.
AGENCY 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,
GENERAL FUNDS PSA CONTRACT 2012-2013--TARRANT COUNTY HOUSING PARTNERSHIP1 8
INC.
DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT
NEGLIGENCE.
AGENCY SHALL REQUIRE ALL OF ITS CONTRACTORS AND
SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND
SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR of CITY IN
SUBSTANTIALLY THE SAME FORM AS ABOVE.
M. waiver of Immunity bv A enc .
If Agency, as a charitable or nonprofit organization, has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury,
including death, to persons or property, Agency 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.
17. Insurance and Bond'
Agency will maintain blanket fiduciary coverage in the form of insurance or bond
in the amount of $97,608.00 to reimburse City for any and all loss of City Funds. To
effectuate such reimbursement, such fiduciary coverage shall include a rider stating that
reimbursement for any loss or losses thereunder shall be made directly to City. In
addition, Agency shall maintain an Employee Dishonesty policy to cover it for employee
theft of money, securities or property.
Agency shall carry insurance in the types and amounts for the duration of this
Contract as listed below, and furnish certificates of insurance along with copies of policy
declaration pages and policy endorsements as evidence thereof.
Commercial General Liabilit v("CGLI Insurance
$19 000,000 Each Occurrence
$2, 000,000 Aggregate Limit
The CGL policy shall be the primary insurance with respect to any other
insurance afforded the City. It shall have no exclusions or endorsements that
would alter or nullify premises/operations, products/completed operations,
contractual, personal injury or advertising injury which are normally contained
within the policy unless City approves such exclusions in writing.
Professional Liabilit Errors and Omissions
$1,000,000 Each Claim Limit
$1,000,000 Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability policy, or a separate policy specific to Professional
Error and omissions. Either is acceptable if coverage meets all other
GENERAL FUNDS PSA CONTRACT 2012-2013----TARRANT COUNTY HOUSING PARTNERSHIP.9
INC.
requirements. Coverage shall be on an occurrence basis or claims-made basis,
and maintained for the duration of the Contract and for 2 years following
completion of services provided. An annual certificate of insurance shall be
submitted to the City to evidence coverage.
Automobile Liability
$1,000,000 each accident on a combined single-limit basis, or
$100,000 Property Damage
$250,000 Bodily injury per person
$500,000 Bodily Injury per person per occurrence
Coverage shall be a commercial business policy which provides coverage on
"Any Auto", defined as any vehicle owned, hired or non-owned. Specifically,
this means coverage on any vehicle used by the Agency's employees, agents, or
representatives in the course of the providing services under this Contract.
Workers' Compensation Insurance
Statutory Limits
Employer's Liability
$100,000 Each accident/occurrence
$100,000 Disease-each employee
$500,000 Disease -policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits consistent
with statutory benefits outlined in the Texas Workers' Compensation Act (Art.
8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for
Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily
injury disease policy limit and$100,000 per disease per employee.
Note: Such insurance shall cover employees performing work on any and all
Programs including but not limited to construction, demolition, and rehabilitation.
Agency or its contractors shall maintain coverages, if applicable. In the event the
respective contractors do not maintain coverage, Agency shall maintain the
coverage on such contractor, if applicable, for each contract.
Additional Requirements
Agency is responsible for providing City a 30 day notice of cancellation or non-
renewal of any insurance policy and may not change the terms and conditions of any
policy that would limit the scope or coverage, or otherwise alter or disallow coverage as
required herein.
Such insurance amounts may be revised upward at City's option no more
frequently than once every 12 months City shall give 90 days' notice to Agency of any
such adjustments.
GENERAL FUNDS PSA CONTRACT 2012-2013-TARRANT COUNTY HOUSING PARTNERSHIP20
INC.
Where applicable, insurance policies required herein shall be endorsed to include
City as an additional insured as its interest may appear. Additional insured parties shall
include City's employees, officers, agents, and volunteers. This requirement does not
include Workers' Compensation or Automobile policies.
Certificates of Insurance shall be signed by an agent authorized to bind coverage
on behalf of on the insured, be complete in its entirety, and show complete insurance
carrier names as listed in the current A.M. Best Property &Casualty Guide.
Unless otherwise stated, all required insurance shall be written on an"occurrence
basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be
coincident with or prior to the date of the Contract and the certificate of insurance shall
state the coverage is claims-made and the retroactive date.
City shall be entitled, upon written request and without expense, to receive copies
of policies and endorsements thereto and may make any reasonable requests for deletion
or revision or modifications of particular policy terms, conditions, limitations or
exclusions necessary to conform the policy and endorsements to the requirements of this
Contract. Deletions, revisions or modifications shall not be required where policy
provisions are established by law or regulations binding upon either Party or the
underwriter of any such policies.
Any failure on part of 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.
Insurers of Agency's 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
do 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 Ivey Rating Guide rating of A: VII or other equivalent insurance industry
standard rating otherwise approved by City.
Deductible limits on insurance policies shall not exceed $5,000 per occurrence
unless otherwise approved by City.
In the event there are any local, federal or other regulatory insurance or bonding
requirements for the Program, and such requirements exceed those specified herein, the
former shall prevail.
Agency shall require its contractors to maintain applicable insurance coverages,
limits, and other requirements as those specified herein; and, Agency shall require its
contractors to provide Agency with certificate(s) of insurance documenting such
coverage. Also, Agency shall require its contractors to have City and Agency endorsed
as additional insureds(as their interest may appear) on their respective insurance-policies.
18. LITIGATION AND CLAIMS.
GENERAL FUNDS PSA CONTRACT 2012-2013-TARRANT COUNTY HOUSING PARTNERSHIP2 l
INC.
Agency shall give City immediate notice in writing of any action, including any
proceeding before an administrative agency, filed against Agency in conjunction with this
Contract or the Program. Agency shall furnish immediately to City copies of all pertinent
papers received by Agency with respect to such action or claim. Agency shall provide a
notice to City within 10 days upon filing under any bankruptcy or financial insolvency
provision of law.
19. NOTICE.
All notices required or permitted by this Contract must be in writing and are
deemed delivered on the earlier date of the date actually received or the third day
following deposit in a United States Postal Service post office or receptacle; with proper
postage, certified mail return receipt requested; and addressed to the other Party at the
address set out below or at such other address as the receiving Party designates by proper
notice to the sending Party.
C1
City Attorney's office
1000 Throckmorton Street
Fort worth,TX 76102
Telephone: 817-392-7600
Copy to:
Director of Housing and Economic Development
1400 Throckmorton Street
Fort Worth,TX 76102
Telephone: 817-392-7540
Copy to:
Program Coordinator
1 000 Throckmorton Street
Fort Worth, TX 76102
Telephone: 817-392-6342
Agency:
Donna VanNess, President
Tarrant County Housing Partnership
3204 Collinsworth Street
Fort Worth,TX 76107
Telephone: 817-924-5091
20. AGENCY HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT.
Agency 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.
GENERAL FUNDS!?SA CONTRACT 2412-2413-TARRANT COUNTY HOUSING PARTNERSHn2
INC.
22. COUNTERPARTS.
This Contract may be executed in multiple counterparts, each of which shall be
considered an original,but ail of which shall constitute one instrument.
[SIGNATURES APPEAR ON NEXT PAGE]
GENERAL FUNDS PSA CONTRACT 2012-2013-TARRANT COUNTY HOUSING PARTNERSHW3
INC.
IN WITNESS WHEREOF, the Parties hereto have executed copies of this
Contract in Fort worth, Tarrant County, Texas, to be effective on October 1, 2012.
ATT ST: 0 °�c TY OF FORT W
�,7► WORTH
.00-0 Q0
� Q
011ty,
ecr moo 0 Fernando Costa, Assistant City Manager
M&C: C--25 02 � o
Date: September 11, 20 0000000001, 4e 14y
APPROVED AS To FO '��ALITY:
� w
t
Assistant City Attorney
TA T C LINTY HOUSIN PAR NERSHIP, INC.
By.
Dame4sidte o a VanNess
Title: nt
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on ,. 2012 b
� � Y
Fernando Costa, Assistant City Manager of the C'ty of Fort Worth, on behalf the City of
Fort Worth. , t
+��lilllli�.
�`�}��Y���•�•� EVQNI
=;
•�n= a aArifIELS otary Public, State of Texas
My COMMISSION EXPIRES
Judy 10,2013
4.►
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on , 2012 by
Donna VanNess, the President of Tarrant County Housing Partnership, Inc., a non-profit
corporation,on behalf of said corporation.
';71z L7 K__o-- Oe,
&0t67-Pub-fic�, State of Texas
MATnE L.SEDERS
MY COMMISSON EXPIRES
rOFFICIAL RECORD y•��;��� �f 7,2Of4
SECRETARY
WORTH,Tx
UENEIRRALI-1 PSA CONTRACT 2012-2013-TARRANT COUNTY HOUSING PARTNERSHn4
INC.
Tarrant County Housing Partnership,Inc. EXHIBIT "A"
Home Ownership Training PROGRAM SUMMARY
PROGRAM SUMMARY
October 1,2012 to September 30,2013 $97,608.00
PERIOD AMOUNT
PROGRAM.
The Program provides each Unduplicated Client with home ownership training in
accordance with HUD requirements, including in-depth one-on-one pre-purchase housing
counseling, consisting of money management including basic debt management, household
budgeting and consumer education,as well as foreclosure prevention services.
Services will be available at 3204 Collinsworth St.,Fort Worth, TX, 76107 from 9:00 a.m.to
5:00 p.m. Monday through Friday with occassional classes on evenings and weekends.
City Funds will be used to pay for salaries of employees whose work is necessary to carry
out the daily operations of the Program.
REGULATORY CLASSIFICATION:
Based on the nature of the service provided, Agency will maintain documentation that
verifies that 51% of clients served by the Program are income eligible with current
household incomes at or below 80%of AMI as established annually by HUD.
PROGRAM GOALS:
Provide services to approximately 350 Unduplicated Clients.
EXHIBIT"A"--TARRANT COUNTY HOUSING PARTNERSHIP,INC.
EXHIBIT "B"—BUDGET
trv"t . Vii€w. r :rtt u t a C 'TOTAL
Salaries loot
FICA 1002
Life Insurance 1003
Health Insurance 1004
Disability Insurance 1005
Unemployment-State 1006
Accounting 1007
TOTAL ADMINISTRATIVE EXPENSES
%Administrative Cost
Salaries 2001 74,250 24,790 50,000 1491)040
FICA 2002 5,200 5,650 10,850
Life Insurance 2003
Health Insurance 2004 17,680 17,680
Unemployment 2005
Worker"s Compensation 2006
Retirement 2007
Office Supplies 3041 2,050 1,700 3,750
Office Equipment Rental 3002 935 760 1,695
Postage 3003 275 225 500
Printing 3004 1,100 900 2,000
4
Construction/Building Materials(only REACH 4001
Contract Labor(City needs copy of contract before
expenses can be reimbursed) 4002
Craft Su Ties 4003
Field Trip Admission Expenses 4004
Credit Reports 4005 2000 2,000 4,000
Food Su i ies 4006 2 000 2,000
Teac ing Aids 4007
AND OW .:
Telephone 5001
Electric 5002 17900 1 550 3,450
Gas 5003
Water and Wastewater 5004
Solid Waste Disposal 5005
Rent(City needs copy of lease before expenses can be
reimbursed) 5006 16,158 7,605 5,742 29,505
Custodial Services 5007 750 750
Re airs 5008
Cleaning Su lies 5009
-
Fidelity Bond or Equivalent 6001
Directors and Officers 6002 I,060 870 1,930
General Commercial Liability 6003 480 400 880
Contract Accounting 6005 41125 3,375 75500
Childcare Scholarshji s 7001
Short-term Rent Assistance 7002
Short-term Mortgage Assistance 7003
Short-term Utilities Assistance 7004
Tenant Based Rental Assistance 7005
TOTAL 979608.00 1 719650 50,000 169272 235530
FUNDING A: HOUSING PARTNERSHIP NETWORK(HPN)
FUNDING B:FANNIE MAE FOUNDATION(FMF)
FUNDING C:TCHP OPERATING
Exhibit"B "—Tarrant County Housing Partnership, Inc.
The following tables are purely informational and were created solely for purposes of preparing, negotiating, and
determining the reasonableness of the overall line item budget on the first page of this EXHIBIT"B"— BUDGET
and are not to be considered part of the terms and conditions of this Contract. Contractor may make changes to any
column except the "Position" column in the "Salary Detail" table without the City's consent so long as the total
amounts charged to the grant do not exceed the line items on the first page of the EXHIBIT "B" — BUDGET.
Changes to the column labeled"Position"may only be made with the prior written consent of the City.
SALARY DETAIL
Position Name Rate Annual Hours Percent to Grant Amount to Grant
Martha Ford 1 9.67 2080 50% 20,450
Melida Stewart 18.00 2080 50% 189700
Rose Mary Rodriguez 12.36 2080 50% 121850
Fernando Espinoza 21.40 2080 50% 22,250
TOTAL 749450
FRINGE DETAIL
Percent of Pa roll Amount Percent to Grant Amount to Grant
FICA 1 0,850 50% 59200
Life insurance
Health Insurance
Unemployment
Workers Compensation
Retirement
SUPPLIES AND SERVICES
Total Bud et Percent to Grant Amount to Grant
Office Supplies
Office Equipment Rental
Postage
Printin
MISCELLANEOUS
Total Budget Percent to Grant Amount to Grant
Contract Labor
Craft Supplies
Facility Fees
Credit Reports 45000 50% 29000
Food Supplies
Teaching Aids
FACILITY AND UTILITIES
Total Bud et Percent to Grant Amount to Grant
Telephone
.Electric
Gas
Water and Wastewater
Solid Waste Disposal
Rent 29,505 54% 16,158
Custodial Services
Re airs
Cleaning Supplies
Exhibit"B "—Tarrant County Housing Partnership, Inc.
FINANCIAL AND IN SU RANCF
Total Budget Percent to Grant Amount to Grant
Fidelity Bond(or Equivalent)
General Commercial Liability
Directors and Officers
Contract Accountin
DIRECT ASSISTANCE
Total Budget Percent to Grant Amount to Grant
Childcare Scholarships
Short-Term Rent Assistance
Short Term Mortgage Assistance
Short Term Utilities Assistance
Tenant Based Rental Assistance
Exhibit"B "—Tarrant County Housing Partnership, Inc.
EXHIBIT "C"--Audit Certification Form
[Intentionally Deleted]
Exhibit "D" -Reporting Forms
[See attached]
INVOICE
Agency: Tarrant County Housing Partnership Inc.
Address: 3204 Collinsworth St.
City, State, Zip: Fort Worth, TX 76107
Program: Home Ownership Training
Period of Service:
Agency's Certification: I certify that the costs incurred are valid and
consistent with the terms and conditions of the contract between City and
Agency. By signing this invoice, I certify that to the best of my knowledge
and belief the data included in this report istrue 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:
Attachment II
City of Fort Worth
Housing and Economic Development Department
Expenditure Worksheet
Agency Tarrant County Housing Partnership Inc.
Program. Home Ownership Training
Highlighted are the only relevant codes for this Program.
Please grou like account codes.
Unt code
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i
P k tr
A4.
1 „
2 Salaries 1001
3 FICA 1002
4 Life Insurance 1003
5 Health Insurance 1004
6 Disability Insurance 1005
7 Unemployment-State 1006
8 Le al&Accountin 1007
9
10 Salaries 2001
11 FICA 2002
12 Life Insurance 2003
13 Health Insurance 2004
14 Unemployment 2005
15 Worker's Compensation 2006
16 Retirement 2007
17
18 Office Su lies 3001
19 Office Equipment Rental 3002
20 Postage 3003
21 Printing 3004
22 LL
23 Conference&Seminars 4001
24 Construction/Building Materials 4002
25 Contract Labor 4003
26 Craft Supplies 4004
27 Credit Reports 4005
28 Facility Fees 4006
29 Field Trip Costs 4007
30 Food Supplies 4008
31 Mileage 4009
32 Teaching Aids 4010
33
34 Telephone 5001
35 Electric 5002
36 Gas 5003
37 Water and Wastewater 5004
38 Solid Waste Disposal 5005
39 Rent 5006
40 Custodial Services 5007
41 Repairs 5008
42 Cleanin 9.Supplies 5009
43
44 Fidelity Bond or Equivalent 6001
45 Directors and Officers 6002
46 General Commercial Liability 6403
47 Le al Fees 6004
48 Contract Accountin5 6005
49
50 Childcare Scholarships 7001
51 Counseling-individual Sessions 7002
52 Counseling-Group Sessions 7003
53 Short-term Rent Assistance 7004
54 Short-term Mortgage Assistance 7005
55 Short-term Utilities Assistance 7006
56 Tenant Based Rental Assistance 7007
57 ICAPM OknAY
58 Furniture,Fixtures 8001
59 Computers 8002
60 Office Equipment 8003
Total Sport and Recreation Equipment 8004
*Payroll must identify employee Rent must identify tenant Other payments should identify individuals,if applicable
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Exhibit "E"--Income Certification Forms
[See attached]
CERTIFICATION OF INCOME STATEMENT
Applicant Name:
Current Address: Phone#:
Household Members and Income
I cluding Applicant)
Last Name First Name Age Monthly Source/Employer Name
Income
**PERSONAL INFORMATION:(Check one in each item. Optional Information for Federal Reporting Purposes)
a. [:]MALE b.❑WHITE ❑BLACKIAFRICAN AMERICAN ❑BLACK/AFRICAN AMERICAN&WHITE
❑FEMALE ❑AMERICAN INDIAN/ALASKAN NATIVE ❑ASIAN
❑AMERICAN INDIANIALASKAN NATIVE&WHITE ❑ASIAN&WHITE
❑NATIVE HAWAIIAN/OTHER PACIFIC ISLANDER ❑BALANCE/OTHER
❑AMERICAN INDIAN/ALASKAN NATIVE&BLACK/AFRICAN AMERICAN
c. ETHNICITY d. DISABLED e. IS CLIENT WOMEN HEAD OF HOUSEHOLD
❑HISPANIC ❑YES ❑YES
❑NON-HISPANIC ❑NO ❑NO
*TOTAL NUMBER OF HOUSEHOLD (Include Yourself AND everyone who
MEMBERS lives in the house.)
Total Anticipated Annual Household Income:
Certification:
I certify that the information I am providing is true and could be subject to verification at any time by a third
party. I also acknowledge that the provision of false information could leave me subject to the penalties of
Federal, State and local law.
WARNING: TITLE 18,S ECTION 1001 OF THE U.S.CODE STATES THAT A PERSON IS GUILTY OF A FELONY
FOR KNOWINGLY AND WILLINGLY MAKING FALSE OR FRAUDULENT STATEMENTS TO ANY DEPARTMENT OF
THE UNITED STATES GOVERNMENT.
Signature of Applicant Date
For use by funding agency:
Household Size: Annual Income:
Income Limit: Is Applicant Eligible:
Person Making Determination: Date:
CERTIFICACION DE DECLARACION DE INGRESGS
Nombre del Solicitante:
Domicilio Actual: Nurnero de Telefono:
Miembros en el Hoiar a In resos
(incluir el/la solicitante
Apellido Nombre Had Ingreso Fuente de Ingresos/Nombre de Empleador
Mensual
**INFORMACION PERSONAL:(Seleccione uno en cads categoria. Informacion opcional para propositos de informacion Federal)
a. ❑MASCULINO b.❑CAUCASICO ❑NEGROIAFRICANO AMERICANO
❑NEGROIAFRICANO AMERICANA&CAUCASICO
❑FEMININO ❑INDIO AMERICANO/NATIVO DE ALASKA ❑ASIATICO
❑INDIO AMERICANOINATIVO DE ALASKA&CAUCASICO ❑ASIATICO&CAUCASICO
❑NATIVO HAWAIANAIOTRO DE LAS ISLAS PACIFICAS ❑ BALANCEIOTRO
❑ INDIA AMERICANO 1 NATIVO DE ALASKA&NEGROIAFRICANO AMERICANO
c. ETNICIDAD d.DISCAPACITADO e.DES EL SOLICITANTE UNA MWER Y CABECERA DEL HOGAR?
❑HISPANO ❑ S1 ❑SI
❑NO-HISPANO ❑NO ❑NO
N[UMERO TOTAL DE MIEMBROS EN EL HOGAR (Incluye a si mismo y a todos los que viven en
la Casa)
Ingreso total del hogar anual anticipado:
Certificacion:
Certifico que la informacion que proporciono es verdad y podria ser susceptible a la comprobacion a cualquier
tiempo por terceros. Yo tambien reconozco que la provision de informacion falsa me podria dej ar suj eta a las
penalidades Federales, Estatales y locales.
ADVERTENCIA: TITULO 18, SECCION 1001 DEL CODIGO DE EE.UU. QUE UNA PERSONA ES
CULPABLE DE UN DELITO POR SABER Y VOLUNTARIAMENTE HACER DECLARACIONES
FALSAS O FRAUDULENTAS A CUALQUIER DEPARTAMENTO DEL GOBIERNO
ESTADOUNIDENSE.
Firma del Solicitante Fecha
Para el use de la agencia financiando:
#De Miembros en el Hogar: Ingreso Anuah
Limite de Ingreso: LEs el solicitante elegible?
Persona hacienda la determinacion: Fecha:
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
FoRTWORTH
CITY OUNCIL GFNI�A,
COUNCIL ACTION: Approved on 9/1112012
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DATE: 9/11/2012 REFERENCE NO.: **C-25802 LOG NAME: 17TCHP-HOUSING
COUNSELING
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Allocation from the Housing Trust Fund to Tarrant County Housing Partnership,
Inc., in the Amount of$97,508.00 for Housing Counseling Services and Authorize
Execution of an Appropriate Contract for Such Services (ALL COUNCIL DISTRICTS)
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RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the use of general funds from the City's Housing Trust Fund in the amount of
$97,508.00 for housing counseling services for Program Year 2012-2013;
2. Authorize the City Manager or his designee to execute a contract with Tarrant County Housing
Partnership, Inc., in the amount of$97,508.00 for housing counseling services for a term beginning
October 1, 2012 and ending September 30, 2013; and
3. Authorize the City Manager or his designee to amend the contract, if necessary, to achieve
program goals provided any amendment is within the scope of the program and in compliance with all
applicable laws and regulations.
DISCUSSION:
In 2010, the City adopted its Consolidated Plan which outlines how the City will spend federal grant
funds received from the United States Department of Housing and Urban Development. The Plan
states that the City will use a portion of its federal grant funds to increase homeownership through
housing counseling of 304 new homebuyers from 201 0-2013.
On August 17, 20101 (M&C. C-24401)the City Council approved the City's Action Plan for Program
Year 2010-2011 which provided the amount of$133,092.00 of Community Development Block Grant
(CDBG)funds for the City's Housing Counseling and Foreclosure Prevention program. Because
CDBG grant reductions decreased funds for administrative costs, the City eliminated its Housing
Counseling and Foreclosure Prevention Program and outsourced it and the CDBG funds to Tarrant
County Housing Partnership, Inc. (TCHP). TCHP provides these service to low and moderate income
residents.
In order to fund this program in 2011-2012, TCHP competed for CDBG funds with other public
service agencies and was awarded the amount of$133,092.00 (M&C C-24554, CSC No. 41755). In
2012, TCHP again competed for CDBG funds, but did not receive an award because of reduced
CDBG funding. Since the City's Consolidated Plan provides that the City would assist 300 new
homebuyers with housing counseling, Staff recommends providing the amount of$97,508.00 to
TCHP in order that they can continue the program in 2012-2013. The funds would come from the
General Fund portion of the City's Fort Worth Housing Trust Fund.
If approved for funding, TCHP will provide home ownership training in accordance with HUD
requirements, including in-depth one--on-one pre-purchase housing counseling consisting of money
management including basic debt management, household budgeting and consumer education, as
http:Ilwww.fo rtwo rthgov.org/c ounc i l_p ac ket/mc—review.asp?I D=17 3 6 8&council date=911... 10/2/2012
, ..M&C Review Page 2 of 2
well as foreclosure prevention services. TCHF will be paid on a monthly reimbursement schedule and
will provide reports to the City and maintain documentation addressing quality assurance and
regulatory compliance.
TCHF housing counseling and foreclosure prevention services will be available in ALL COUNCIL
DISTRICTS.
FISCAL IN FORMAT ION/CERTIFICATION:
The Financial Management Services director certifies that upon approval of the above
recommendation, and upon adoption of the Fiscal Year 2012-2013 budget by the City Council to
include the above recommended items), funds will be available in the Fiscal Year 2012-2013
operating budget, as appropriated, in the Fort Worth Housing Finance Corporation Fund.
TO Fund/AccounMenters FROM Fund/AccounVCenters
R109 539120 0 17109007012 $97,608.90 R109 539120 005109007002 $97.508.09
Submitted for City Manager's office by: Fernando Costa (0122)
Originating Department Head:
Jay Chapa (5804)
Cynthia Garcia (8187)
Additional Information Contact: Robin Bentley (7315)
ATTACHMENTS
http:ll www.fortworthgov.orglcouncil—Packetlmc_review.asp?ID=17368&counciIdate=911... 10/2/2012