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Contract 33797
STATE OF TEXAS § CIT,' v1-7Of3ETARY r vONTRACT NO. COUNTY OF TARRANT § 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, TX 76102, acting by and through Dale A. Fisseler, its duly authorized Assistant City Manager, and Easter Seals Greater Northwest Texas ("Easter Seals"), whose address is 1555 Merrimac Circle, Suite 102, Fort Worth, Texas 76107, acting by and through Monica Prather, its duly authorized President/CEO. (Sometimes City and Easter Seals are referred to individually as a"Party"and collectively as the "Parties"). WHEREAS, the City of Fort Worth ("City") has received a grant from the United States Department of Housing and Urban Development ("HUD") through the Home Investment Partnerships Program ("HOME"), Program No. M-05-MC-48-0204, Catalog of Federal Domestic Assistance ("CFDA") No. 14.239, with which the City desires to promote activities that expand the supply of affordable housing and the development of partnerships among the City, local governments, local lenders, private industry and neighborhood based nonprofit housing organizations; WHEREAS, the primary purpose of the HOME program ("HOME Program") pursuant to the HOME Investment Partnerships Act at Title II of the Cranston Gonzales National Affordable Housing Act of 1990, as amended, 42 U.S.C. 12701 et seq. ("NAHA") and the HOME Investment Partnerships Program Final Rule, as amended, 24 CFR 92 et seq. (the "HOME Regulations" or "Regulations") is to benefit low and very-low income citizens by providing them with affordable housing; WHEREAS, Easter Seals, a nonprofit corporation managed by a volunteer Board of Directors, is working to assist low and very low income individuals with disabilities or families with a member who has disabilities to become homeowners; and WHEREAS, the citizens City and the Council have determined that the opportunity to own a safe, decent and affordable home is needed for individuals with disabilities or families with a member who has disabilities; NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: 1. GENERAL PROVISIONS A. Purpose The express purpose of this Contract is to provide Easter Seals with HOME funds ("HOME Funds") not to exceed TWENTY FOUR THOUSAND AND NO/100 DOLLARS ($24,000.00) for providing services on a fee-for-services basis under its Home Of Your Own ("HOYO") program which assists low or very low income individuals with disabilities or families with a member with disabilities to purchase houses (the "Program"). The services provided under the Program by Easter Seals will maximize homeownership opportunities in eligible areas of the City for first-time home buyers who are City residents in accordance with the attached Exhibit A - Program Summary, the attached Exhibit HOME—SUBRECIPIENT CONTRACT n �,,r, �,�r �1 Page 1 Easter Seals Greater Northwest Texas �' �vl`? i}S"'J�' Rev. 7-20-06 C 1 - Activities and Outcomes Summary, and the attached Exhibit E - HOYO Program Policies and Guidelines. Easter Seals will be paid a fee up to TWO THOUSAND AND NO/100 DOLLARS ($2,000.00) for each homebuyer that successfully completes the purchase of a house in an eligible area of the City. The eligible areas of the City are currently defined as Model Blocks areas, Neighborhood Empowerment Zones, designated Building Areas or other special target neighborhoods that may be designated by the City Council. City shall provide homeownership training and other housing counseling services to potential HOYO participants referred to City's Housing Department by Easter Seals. Easter Seals will be acting as a subrecipient as defined in the HOME Regulations under this Contract providing homebuyer services to individuals with disabilities or families with a member who has disabilities. The City shall act through its agent, the City Manager, or his or her duly authorized representative, unless otherwise stated in this Contract. Easter Seals agrees to comply with the HOME Regulations and applicable City Codes and ordinances. B. Duration The term of this Contract begins on the date of its execution and terminates twelve (12) months thereafter. This Contract may be extended for one (1) additional twelve (12) month-year term. Easter Seals shall request the extension in writing and submit it to the City sixty (60) days prior to the end of the Contract. The City may then approve the extension of the Contract for another year. It is specifically understood that it is the City's sole discretion whether to approve or deny the request. Any such extension must be in writing as an amendment to this Contract and approved by the City Manager or his or her designee. C. Independent Contractor Easter Seals shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Easter Seals 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, Program participants, licensees or invitee . The doctrine of respondeat superior shall not apply as between City and Easter Seals, its officers, members, agents, servants, employees, contractors, Program participants, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Easter Seals. It is expressly understood and agreed that no officer, member, agent, employee, contractor, licensee or invitee of Easter Seals, 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 Easter Seals, its officers, members, agents, employees, contractors, Program participants, licensees or invitees. City shall in no way nor under any circumstances be responsible for any property belonging to Easter Seals, its officers, members, agents, employees, contractors, Program participants, licensees or HOME—SUBRECIPIENT CONTRACT Page 2 Easter Seals Greater Northwest Texas Rev.7-20-06 invitees, which may be lost, stolen, destroyed or in any way damaged; and Easter Seals hereby indemnifies and holds harmless City and its officers, agents, and employees from and against any and all claims or suits pertaining or connected with such property.. D. Termination In the event Easter Seals is dissolved, this Contract shall terminate. Additionally, City may terminate this Contract in the event of Easter Seals' default, inability, or failure to perform or otherwise whenever such termination is determined by the City to be in the City's best interest. Likewise, this Contract may be terminated by Easter Seals if the City does not provide the HOME Funds set forth in this Contract. The Contract may be terminated for mutual convenience upon agreement of the Parties. The Parties acknowledge that HOME Funds paid hereunder are fees for services rendered by Easter Seals in accordance with the terms hereof. City may terminate this Contract if Easter Seals does not obtain funds other than HOME Funds to implement its program operations during the Contract term City shall notify Easter Seals in writing of any breach of this Contract, and specify a reasonable time within which to cure the particular breach. If Easter Seals fails to cure the breach within the time stated in the notice, this Contract shall automatically terminate at the expiration of the stated time allowed for cure. City will have no responsibility or liability for Easter Seals' expenditures or actions occurring after the effective date of the Contract termination. E. Venue Venue of 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. F. Written Instrument is Entire Agreement All terms of this Contract shall apply to any and all contractors of Easter Seals which are in any way paid with HOME Funds or who perform any work in connection with Easter Seals' Program. 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. 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 the City's right to assert or rely upon any such term or right on any future occasion. This written instrument and the exhibits attached hereto, which are incorporated by reference HOME—SUBRECIPIENT CONTRACT Page 3 Easter Seals Greater Northwest Texas Rev. 7-20- C �� ./Ii ��� NUI and made a part of this Contract for all purposes, constitutes the entire Contract 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 approved by each Party to this Contract. 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. 2. DUTIES AND RESPONSIBILITIES OF CITY A. Disbursement of Funds City will furnish HOME Funds for use as stated herein. City will monitor the use of the HOME Funds at least annually to ensure that they are being used appropriately and in conformance with the provisions of this Contract and the HOME Regulations. Funds will be disbursed after the execution of this Contract and in compliance with the provisions hereof. Disbursements of HOME Funds will not be made until services have been performed as set forth herein and payment shall require completion of all appropriate City forms and receipt of copies of adequate supporting documentation verifying the eligibility of participants, activities and expenses. No additional HOME Funds will be disbursed if City has not received all reports and documentation required hereunder. Easter Seals shall be paid on a fee for service basis an amount not to exceed TWO THOUSAND DOLLARS AND NO/100 ($2,000.00) for each special needs homebuyer that successfully completes the purchases of a house utilizing City HOME funds through the City's Homebuyers Assistance Program as described below. Disbursement of HOME Funds under this Contract to Easter Seals will require completion of. (1) Attachment I "Subgrantee's Request For Funds", and (2) Attachment II "Budget Status Report". These forms are to be submitted along with a certified copy of the executed HUD-1 Settlement Statement showing completion of the purchase of a house by an eligible Program participant. B. Amount of Funds It is agreed that the total distribution of HOME Funds made available to be paid to Easter Seals during the term of this Contract shall not exceed the total sum of TWENTY FOUR THOUSAND AND NO/100 DOLLARS ($24,000.00) in accordance with the attached Exhibit B - Program Budget. C. Homebuyer's Assistance Program and Other Activities City Housing Counselors will attend HOYO orientation sessions for potential Program participants and provide intake, homeownership training and any individual counseling needed to enable HOYO applicants to qualify for first lien mortgage financing. City will provide those HOYO applicants that are ready to begin the mortgage loan application process with a list of City-certified first lien mortgage lenders. City will further assist Easter Seals in reaching its Program goals by providing qualified, eligible HOYO applicants with a minimum of ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) in closing cost and/or down payment assistance from the City's Homebuyer's Assistance HOME—SUBRECIPIENT CONTRACT Page 4 Easter Seals Greater Northwest Texas Rev. 7-20-06 Program ("HAP") using City HOME funds ("City HOME Funds"). To ensure that the City's HOME affordability requirements are met, Easter Seals will require each HOYO applicant provided with services under this Contract to apply for and obtain the minimum closing cost and/or down payment assistance. Homebuyer eligibility shall be determined by City in City's sole discretion using current City HAP Guidelines and HOME Program requirements. Easter Seals shall timely provide City with all documents and information it has obtained as part of the HOYO application process that are necessary for City to determine and verify homebuyer eligibility, including but not limited to proof of disability and income. Prior to closing the house must pass inspection by City Housing Department inspectors. City shall verify that the house, the applicant and the applicant's first lien mortgage all meet HOME Program and City HAP guidelines. In addition, Easter Seals may request that City provide additional closing cost and down payment assistance in an amount greater than the minimum amount for each eligible applicant if such funds are needed to make the house purchase affordable to the homebuyer. However, the total amount of closing cost/down payment assistance provided with City HOME Funds shall not exceed a total of FOURTEEN THOUSAND NINE HUNDRED NINETY-NINE AND NO/100 DOLLARS ($14,999.00) per homebuyer. To secure recapture of the City HOME Funds, all homebuyers must execute City HAP loan documents in the amount of assistance provided to that homebuyer. The City HAP loan shall be subordinate to any first lien purchase money mortgage. 3. DUTIES AND RESPONSIBILITIES OF EASTER SEALS A. Statement of Work Easter Seals will utilize the HOME Funds to provide services to persons with disabilities to prepare them to become homeowners. Easter Seals will insure that homebuyers assisted under this Contract meet HOYO Program underwriting guidelines set forth in the attached Exhibit E - HOYO Program Policies and Guidelines. Easter Seals will insure that HOYO applicants complete a homeownership training program prior submitting an applicant's loan application to City for HAP closing cost and/or down payment assistance. B. Budget Easter Seals agrees that the HOME Funds will be paid in accordance with Exhibit B - Program Budget. Under no circumstances shall the total amount of HOME Funds received by Easter Seals exceed TWENTY FOUR THOUSAND AND NO/100 Dollars ($24,000:00). C. Time Line for Goals and Expenditures Easter Seals will work in accordance with the schedule in the Exhibit C - Program Implementation Timeline, and ensure that Program goals and expenditures correspond with the completion of the Program. HOME—SUBRECIPIENT CONTRACT Page 5 Easter Seals Greater Northwest Texas Rev. 7-20-06 D. Affirmative Marketing Easter Seals must adopt affirmative marketing procedures and requirements for all housing assisted with HOME Funds. The procedures and requirements must include methods for informing the public, owners and potential homebuyers about fair housing laws and policies so as to ensure that all individuals, without regard for sex, race, creed, nationality, religion, handicap status or familial status are given an equal opportunity to participate in the Program. Easter Seals will be solely responsible for the effective marketing responsibilities necessary to achieve the Easter Seals' Program goals. E. Record Retention and Reports Easter Seals agrees to cooperate fully with City in the development, implementation, and maintenance of record-keeping systems and to promptly provide City with any data determined by City to be necessary for the effective fulfillment of City's monitoring and evaluation responsibilities. Specifically, Easter Seals will keep or cause to be kept an accurate record of all actions taken and all funds received under this Contract, with source documents, in the pursuit of the objectives of the performance of this Contract. Such records shall be kept for five years after the Contract term ends. Easter Seals agrees to promptly supply City with copies of any information or other documentation upon City's written request. . Easter Seals will obtain and keep on file the following information on each household served by the Program in accordance with the attached Attachment III (a) "Performance Report":. a. Annual income and size of the household of which the client is a member; b. Ethnicity and race of the client, using one of the following categories: Ethnicity: Hispanic/Latino or Non Hispanic/Latino Race: White, Black/African American, Asian; American Indian/Alaskan Native & Hawaiian/Other Pacific Islander, American Indian/Alaskan Native & White, Asian & White, Black/African American & White, American Indian/Alaskan Native & Black/African American, Other Multi-Racial; C. Whether the head of the client's household is male or female; d. Additional statistical information as may be required by HUD regulations and any amendments thereto: Easter Seals will keep on file the following information and documentation: e. Compliance with the affirmative marketing requirements and existence of acceptable procedures. City expressly reserves the right to audit compliance with the terms of this Contract, and any and all records and documents relating to any activities undertaken in the performance of this Contract. By the 15th day of each month during which HOME Funds are provided under this Contract (to be construed as including the use of any asset obtained through the expenditure of HOME Funds), Easter Seals will supply the City with a report detailing: a. Program Reports in accordance with Attachment III — "Monthly Narrative Report" and Attachment III (a)—"Performance Report"; b. Expenditure detail in accordance with Attachment I — "Request for Funds" and HOME—SUBRECIPIENT CONTRACT Page 6 Easter Seals Greater Northwest Texas Rev. 7-20-06 Attachment II—"Budget Detail"; and c. The amount of leveraging generated by this grant, including items that qualify as HOME match. Reports shall be submitted in the format specified by City. IF THE REQUIRED REPORTS ARE NOT RECEIVED BY THE DUE DATE, CITY RESERVES THE RIGHT TO WITHHOLD PAYMENTS REQUESTED UNDER THIS CONTRACT AND ANY OTHER CONTRACTS WITH EASTER SEALS. F. Cost Principles Easter Seals shall comply with the requirements and standards of OMB Circular A-122, "Cost Principles for Non-Profit Organizations" and with the following: All non-federal entities that expend $500,000 or more in Federal funds within one year, regardless of the source of the Federal award, must submit to City an annual audit prepared in accordance with specific reference to OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations". The audit may cover either Easter Seals' 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 twelve (12) months following the end of the period being audited and be submitted to City within thirty (30) days of its completion. Easter Seals' audit certification is attached hereto as Exhibit D - Audit Certification Form and Audit Requirements. The Audit Certification Form must be submitted to City within sixty (60) days of the end of period being audited (Easter Seals' fiscal year). Costs of preparation of this audit may be an allowable expenditure of Federal funds in an amount proportional to that of the Federal funds used in Easter Seals' total agency operating budget. Non-profit entities that expend less than $500,000 a year in Federal funds are exempt from Federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the Federal agency, City, and General Accounting Office. City reserves the right to perform an audit of Easter Seals' Program 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, and Easter Seals agrees to allow access to all pertinent materials as described in section headed accounting, records and reports above. If such audit reveals a questioned practice or expenditure, such questions must be resolved within (15) days after notice to Easter Seals of such questioned practice or expenditure. If questions are not resolved within this period, City reserves the right to withhold further funding under this Contract and/or future contract(s) with Easter Seals. If as a result of any audit it is determined that Easter Seals has misused, misapplied or misappropriated all or any part of the HOME Funds, Easter Seals agrees to reimburse the City the amount of such monies so misused, misapplied or misappropriated, plus the amount of any sanctions, penalty or other charge levied against City by HUD because of such misuse, misapplication or misappropriation. HOME—SUBRECIPIENT CONTRACT Page 7 Easter Seals Greater Northwest Texas Rev. 7-20-06 G. Monitor Effectiveness of Services and Work The City will review the activities and performance of Easter Seals not less than annually as required by the HOME Regulations. Easter Seals agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by Easter Seals in compliance with the terms of this Contract. City shall have access at all reasonable hours to offices and records (dealing with the funds that are the basis of this Contract) of Easter Seals, its officers, directors, agents, employees, and contractors for the purpose of such monitoring. Easter Seals agrees to likewise monitor the effectiveness of the services and work to be performed by its contractors. H. Compliance with All Applicable Laws and Regulations Easter Seals agrees to comply with the following laws and regulations as they are currently written or are hereafter amended during performance of this Contract. (1) Federal HOME Investment Partnerships Act at Title II of the Cranston Gonzales National Affordable Housing Act of 1990, as amended, 42 U.S.C. 12701 et seq. ("NAHA") Title VI of Civil Rights Act of 1964 (42 USC 2000d et seq.) Title VIII of Civil Rights Act of 1968 (42 USC 3601 et seq.) Executive Orders 11063 and 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 et seq.) 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 National Environmental Policy Act of 1969 ("NEPA") and the related authorities listed in 24 CFR Part 58. The Clean Air Act, as amended, (42 USC 7401 et seq.), the Clean Water Act of 1977, as amended (33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part 15, as amended from time to time, and Executive Order 11738. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.) specifically including the provisions requiring employer verifications of legal status of its employees The Americans with Disabilities Act of 1990, as amended, (42 USC 12101 et seq.), the Architectural Barriers Act of 1968, as amended, (42 USC 4151 et seq.), and the Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A Drug Free Workplace Act of 1988 (41 USC 701 et seq.) 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 HOME—SUBRECIPIENT CONTRACTw ,` Ik C00 2 Easter Seals Greater Northwest Texas (2) Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC 1701 u et seq.) and its related regulations at 24 CFR Part 135 If the work 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 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 assisted 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 it has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representatives 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 that it will include this Section 3 clause in every subcontract to comply 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 finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to HOME—SUBRECIPIENT CONTRACT FFI(,Ji'l Page 9 Easter Seals Greater Northwest Texas � ev. 7-20-06 ���� � `�. Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian—owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b)." City and Easter Seals 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 the City and Easter Seals, and their respective successors, assigns and subcontractors. Failure to fulfill these requirements shall subject Easter Seals and its contractors, 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. (3) Other Laws Easter Seals covenants and agrees that its officers, members, agents, employees, Program participants and contractors shall abide by and comply with all other laws (Federal, state and local) relevant to the performance of this Contract, including all City ordinances, rules and regulations and the HOME Regulations. Easter Seals further promises and agrees that it has read, and is familiar with, terms and conditions of the Federal grant under which HOME Funds are granted and that it will fully comply with them. It is agreed and understood that, if City calls the attention of Easter Seals to any such violations on the part of Easter Seals or any of its officers, members, agents, employees, Program participants or contractors, then Easter Seals shall immediately desist from and correct such violation. (4) Prohibition Against Discrimination Easter Seals, in the execution, performance or attempted performance of this Contract, will not discriminate against any person because of sex, race, religion, color, national origin, age, handicap status or familial status, nor will Easter Seals permit its officers, members, agents, employees, contractors or Program participants to engage in such discrimination. During the performance of this Contract Easter Seals agrees, and will require all its contractors to agree, as follows: Easter Seals will not unlawfully discriminate against any employee or applicant for employment because of sex, race, religion, color, national origin, age, handicap status or familial status. Easter Seals will take affirmative action to ensure that applicants are employed and that employees are treated fairly during employment without regard to their sex, race, religion, color, national origin, age, handicap status or familial status. 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. Easter Seals agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. HOME—SUBRECIPIENT CONTRACT Page 10 Easter Seals Greater Northwest Texas Rev. 7-20-06 Easter Seals will, in all solicitations or advertisements for employees placed by or on behalf of Easter Seals, state that all qualified applicants will receive consideration for employment without regard to sex, race, religion, color, national origin, age, handicap status or familial status. . Easter Seals covenants that neither it nor any of its officers, members, agents, employees, Program participants 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 handicap, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Easter Seals further covenants that neither it nor its officers, members, agents, employees, contractors, 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. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Easter Seals warrants that it and any 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, or employees of Easter Seals or any of its subcontractors. Easter Seals 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 Easter Seals' and/or its contractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. 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 Easter Seals hereby covenants and agrees that Easter Seals, its officers, members, agents, employees and contractors, have fully complied with all provisions of same and that no employee, applicant or Program participant has been discriminated against by the terms of such ordinances by either Easter Seals or its officers, members, agents, employees or contractors. (5) Prohibition Against Interest 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 (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Easter Seals shall incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts entered into in connection with the Program. HOME—SUBRECIPIENT CONTRACT z Page 11 Easter Seals Greater Northwest Texas Vf�L,� � � h re 1. 7-20-06 r�ar�n U nn No officer, employee, member or Program participant of Easter Seals or its contractors shall have a financial interest, direct or indirect, in this Contract or the HOME Funds transferred hereunder or be financially interested, directly or indirectly, in the sale to Easter Seals of any land, materials, supplies or services purchased with any funds transferred hereunder, except on behalf of Easter Seals, as an officer, employee, member or Program participant. Any willful violation of this paragraph with the knowledge, expressed or implied, of Easter Seals or its contractors shall render this Contract voidable by the City. No officer, employee, agent, consultant, elected official or appointed official of the City, Easter Seals or its contractors who exercised any functions or responsibilities with respect to activities assisted with HOME Funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME 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 one (1)year thereafter. (6) Minority and Women Business Enterprise Commitment Easter Seals agrees to abide by City's policy to involve Minority and Women Business Enterprises ("M/WBEs") in all phases of its procurement practices 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. Therefore, Easter Seals 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 ordinance. I. Assi nment Easter Seals shall not assign all or any part of its rights, privileges, or duties under this Contract without the prior written approval of City. Any attempted assignment of same without approval shall be void, and shall constitute a breach of this Contract. It is agreed that the City has the right to review and approve in writing any proposed contracts between Easter Seals and any contractor engaged in any activity in conjunction with this HOME funded project prior to any charges being incurred. J. Indemnification and Release EASTER SEALS 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 HOME—SUBRECIPIENT CONTRACT Page 12 Easter Seals Greater Northwest Texas Rev. 7-20-06 PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY; AND EASTER SEALS 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 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. EASTER SEALS 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 EASTER SEALS, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS, 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. IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH EASTER SEALS AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY BY EASTER SEALS TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ALLEDGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY, DAMAGE OR DEATH. EASTER SEALS 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 INCIDENTIAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY THE CITY'S SOLE OR CONCURRENT NEGLIGENCE. EASTER SEALS 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. K. Waiver of Immunity If Easter Seals, 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, Easter Seals 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. HOME—SUBRECIPIENT CONTRACT Page 13 Easter Seals Greater Northwest Texas Rev. 7-20-06 L. Insurance and Bonding, Easter Seals shall furnish to City, in a timely manner, certificates of insurance as proof that it has secured and paid for policies of commercial insurance as specified herein. Such insurance shall cover all insurable risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this Contract. Easter Seals shall maintain the following coverages and limits thereof: Commercial General Liability(CGL) Insurance $500,000 each occurrence $1,000,000 aggregate limit Business Automobile Liability Insurance $1,000,000 each accident on a combined single-limit basis, or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence $2,000,000 Aggregate Insurance policy shall be endorsed to cover"Any Auto" Pending availability of the above coverage, and at the discretion of Easter Seals, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of Easter Seals' business as contracted herein. Workers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $100,000 each accident $100,000 disease-each employee $500,000 disease-policy limit Note: Such insurance shall cover employees performing work on any and all projects including but not limited to construction, demolition, and rehabilitation. Easter Seals or its subcontractors shall maintain coverages. In the event the respective subcontractors do not maintain coverage, Easter Seals shall maintain the coverage on such subcontractor for each applicable subcontract. Directors and Officers Insurance Optional (Highly Recommended) Note: This insurance shall cover Easter Seals and any associated Board of Directors members. Additional Requirements Such insurance amounts shall be revised upward at City's option and that Easter Seals shall revise such amounts within thirty(30) days following notice to Easter Seals of such requirements. HOME—SUBRECIPIENT CONTRACT Page 14 Easter Seals Greater Northwest Texas Rev. 7-20-06 �C i To/, r15�t� `F ^^ U .''s v d•: Y u' � � Easter Seals will submit to City documentation that it has obtained insurance coverage and has executed bonds as required in this Contract prior to payment of any monies provided hereunder. Each insurance policy shall be endorsed to provide City with a minimum sixty (60) days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. Insurance policies required herein shall be endorsed to include City as an additional insured as its interest may appear. Additional insured parties shall include employees, officers, agents, and volunteers of the City. The Workers' Compensation Insurance policy shall be endorsed to include a waiver of subrogation, also referred to as a waiver of rights of recovery, in favor of City. 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. Insurers of Easter Seals' 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 the 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 otherwise approved by the City of Fort Worth. 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. Easter Seals shall require its contractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and, Easter Seals shall require its contractors to provide Easter Seals with certificate(s) of insurance documenting such coverage. Also, Easter Seals shall require its contractors to have City and Easter Seals endorsed as additional insureds (as their interest may appear) on their respective insurance policies. M. Certification Regarding Lobbying The undersigned representative of Easter Seals 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 Easter Seals, 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 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. HOME—SUBRECIPIENT CONTRACT Page 15 Easter Seals Greater Northwest Texas r V N� Rev. 7-20-06 ��Sk u;7 ' 62X, "'vU•.�Ji' YLG1.e If any funds other than federally 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, member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, Easter Seals shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 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. The Easter Seals shall require that the language of this certification be included in all contracts or agreements involving the expenditure of Federal funds. N. MISCELLANEOUS PROVISIONS All terms of this Contract shall apply to any and all subcontractors of Easter Seals who are in any way paid with HOME Funds or who perform any work in connection with the Program. 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 (i) deposit in a Untied 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. If applicable, Easter Seals must meet conditions and limitations for use of HOME Funds involving a primarily religious entity as set forth in the HOME Regulations. Easter Seals shall notify City in writing of any changes in its 501 (c) (3) tax exempt status during the term of this Contract. [SIGNATURES APPEAR ON FOLLOWING PAGE] HOME—SUBRECIPIENT CONTRACT Page 16 Easter Seals Greater Northwest Texas Rev.7-20-06 IN WITNESS WHEREOF, the paVties hereto hay executed four copies of this Contract in Fort Worth, Tarrant County, Texas, this day of_ , 2006. ATTEST: CITY OF FORT WORTH ^ By: City Secretary Dale A. isseler -WM&C REQUIRED Assistant City Manager APP OVED AS TO RM AND LEGALITY: . S Assistant City Attorney EASTER SEALS GREATER NORTHWEST TEXAS By:_ Monica Prather, President/CEO HOME Funds-Subrecipient e 17 Easter Seals Greater Northwest Texas Rev. 1-21-05 tit?ilp�;Gi STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on , 2006 by Dale A. Fisseler, the Assistant City Manager, of the City of Fort W rth, n b alf th City of ort Worth. PSB c MARIA S. SANCHEZ NOTARY PUBLIC Notary Public, State of Texas STATE OF TEXAS �jgrE QF SF'+P My Comm.Exp.12-14-2009 �:�%di•o NANCY Q. R0111NSON . Notary Public,Stets of Texas STATE OF TEXAS § My Commission Expires March 26,2009 COUNTY OF TARRANT § This instrument was acknowledged before me on Th2006 by Monica Prather, the President of Easter Seals Greater Northwest T cas, a Texas non-profit corporation, on behalf of said corporation. Ori cr� �g,� Notary Public, State of Texas �YO '••/1'1 HOME Funds-Subrecipient Page 18 Easter Seals Greater Northwest Texas Rev. 1-21-05 EXHIBIT A PROGRAM SUMMARY PROGRAM TITLE EASTER SEALS GREATER NORTHWEST TEXAS-HOYO PROGRAM 2005 HOME FUNDS PERSONAL SERVICES SUPPLIES $0.00 CONTRACTUAL SERVICES(Fee-For-Services) $24,000.00 CAPITAL OUTLAY $0.00 TOTAL $24,000.00 DESCRIPTION: Easter Seals Greater Northwest Texas will provide services,on a fee basis, to potential homebuyers under their Home Of Your Own program to assist individuals with disabilities or families with a family member with a disablity to become . homeowners. The contract period begins on the date it is executed and ends twelve months thereafter. PROGRAM OBJECTIVES: To maximize opportunities for first-time home ownership for low to moderate income Fort Worth residents with disabilities and their families. PROGRAM MEASURES: Projected Goals Number of potential homebuyers that sucessfully purchase a home 12 EXHIBIT B EASTER SEALS GREATER NORTHWEST TEXAS, INC. HOME OF YOUR OWN ("HOYO") PROGRAM FEE-FOR-SERVICES BUDGET ACTIVITIES Outreach to potential special needs homebuyers Application and documentation intake HOYO Program orientation Applicant referral to City's Homebuyer's Assistance Program and other complimentary resources for disability services Attend closing with successful homebuyer if needed TOTAL FEE BUDGET $24,000.00 NOTE: Easter Seals will be paid $2,000.00 for each special needs homebuyer that successfully completes the purchase of a house utilizing City HOME funds through the City's Homebuyer's Assistance Program. EXHIBIT C z CN x ul15! / C) Z 0 z § © z k ° ui ui CL z Z \ � x U) 0 Ok z 0 w .0 r- 0 — E m 0 %J 0a z cl < m E 0 E w 0 LL 6 1: U) M 0 C: .0 w uj - o CL 0 .2 LL, >. E .2 u) 0 o 0U a — m U) 0 N 0 1: (L LLI z o -i5 >- E 0 m 0 0) 01 l< a- :r :2 C'n It EXHIBIT C 1 FEE FOR PROFESSIONAL SERVICES EASTER SEALS GREATER NORTHWEST TEXAS ACTIVITIES AND OUTCOMES SUMMARY Objective: To maximize opportunities for first-time home ownership for low to moderate income Fort Worth residents with disabilities and their families. Anticipated Primary Program Outcome(s): 1) Increased number of low to moderate income Fort Worth residents with documented disabilities becoming successful first-time homebuyers within the next twelve months through COFW's homebuyer assistance program. Anticipated Program Output(s): 1)Minimized physical,financial, emotional and psychological barriers that inhibit and often prevent home purchase by people with disabilities in Fort Worth. 2)Heightened awareness of all disability consumers that participate in the Home of Your Own Program(HOYO) in the areas of consumer credit, asset building through home ownership, hidden costs of home ownership, predatory lending, alternative credit, Easter Seals and other complementary community resources for disability services. 3)Enhanced visibility of COFW's commitment to inclusion of special populations in all aspects of community living. EASTER SEALS ACTIVITIES in Support of HOYO Program Outreach and Program Orientation • Develop, design, print and distribute all marketing materials for HOYO program, including brochures, posters, mailing inserts, and web, television, newspaper advertisements. • Deliver HOYO presentations to community groups,outside disability service providers, schools and faith-based organizations. • Attend and participate as exhibitor in local housing related events such as fairs and conferences. • Continue to network with local housing partners and expand network of local realtors/lenders. • Respond to each inquiry regarding requirements for individual participation in HOYO program. • Mail each potential HOYO participant invitation to HOYO group orientation with map to orientation location and orientation date. • Schedule one-on-one orientations for non-English speaking disability consumers and those that have special circumstances. • Conduct 1-hour general HOYO orientations twice monthly and one-on- one orientations on an as needed basis. A City of Fort Worth City Housing Counselor will attend the HOYO orientations to answer any questions potential HOYO participants may have. Referral and Post-Purchase Assistance • Refer each participant that returns a completed HOYO application and provides documentation of disability and proof of income to City. • Refer individuals to other resources if it is determined that they are not eligible for HOYO program.. • Attend Closing with successful participant, as needed. • Work with City Housing Counselors, as needed, in getting participants lender ready. • Provide assistance to successful homebuyer, as needed,to help them keep and maintain their homes. CITY OF FORT WORTH ACTIVITIES City Housing Counselors/Loan Representatives will: • Attend orientations to answer any questions potential HOYO participants may have. • Do intake of participants referred by Easter Seals. • Provide Homeownership Training and one-on-one counseling to participants. • Provide participants who are lender—ready a list of City-certified lenders and list of realtors. Selected lender sends Homeownership Assistance Program (HAP)packet for qualified participants to City Loan Representative. • Maintain open communication among participant, lender, realtor and housing counselor. • If participant is approved for HAP,City Loan Representative arranges HAP funding. • Attend closing. • Provide copy of all closing documents for each loan closed to Easter Seals for their program records. COST OF SERVICES: $2000.00 PER CLOSING 2 EXHIBIT D CITY OF FORT WORTH HOUSING DEPARTMENT Audit Certification Form Subrecipient: Fiscal Year Ending: I I Mo Day Yr ❑ We have exceeded the federal expenditure threshold of $500,000. We will have our Single Audit or Program Specific Audit completed and will submit the audit report within nine (9) months after the end of the audited fiscal year. ❑ We did not exceed the $500,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedule below) Federal Expenditure Disclosure Federal Funds Must be filled out if Single Audit or Program Audit is not required: Pass Through Program Name & Contract Federal Grantor Grantor CFDA Number Number Expenditures Total Federal Expenditures for this Fiscal Year $ Printed Name Title(Must be CFO, CEO or equivalent) Authorized Signature(Must be CFO, CEO or equivalent) Phone Number Date Failure to submit this or a similar statement or failure to submit a completed single audit package as described in the audit requirements by the required due date will result in suspension of funding and will affect eligibility for future funding. Submit this form to the City of Fort Worth within 60 days after the end of your Fiscal year r-, CITY OF FORT WORTH HOUSING DEPARTMENT AUDIT REQUIREMENTS Organizations expending $500,000 or more in federal awards (from City of Fort Worth and other funding sources) during their fiscal years shall obtain either an annual single audit or a program specific audit. Organizations may have a program specific audit in accordance with OMB Circular A-133 if they expended funds for only one federal program as listed in the Catalog of Federal Domestic Assistance (CFDA). If funds are spent for more than one federal program, a single audit is required. The audited time period is the organization's fiscal year, and not the City of Fort Worth's funding period. The audit shall be conducted by a certified public accountant (CPA) that is licensed at the time of the audit by the appropriate regulatory body. The CPA shall meet all of the general standards concerning qualifications, independence, due professional care and quality control as required by Govemment Auditing Standards, including the requirements for continuing professional education and external peer reviews. Auditor selection must adhere to federal procurement requirements. A separate supplementary schedule of revenues, expenditures and changes in fund balance for each City of Fort Worth contract is no longer required. The Schedule of Expenditures of Federal Awards should list City of Fort Worth 's contract numbers, the total expended for each individual federal program, and the CFDA number (OMB A-133 § .310). The independent auditor's report should include all of the relevant items listed on the "Audit Report Checklist." Additional guidance on the conduct and reporting of these audits is contained in the latest issuance of the following publications: Govemment Auditing Standards issued by the Comptroller General of the United States, 2003 OMB Circular A-133 as revised 6/30/97 and amended June 2003 OMB Circular A-133 Compliance Supplement AICPA's Statement of Position 98-3, "Audits of States, Local Governments, and Not-for-Profit Organizations Receiving Federal Awards" Various AICPA audit guides for nonprofits, colleges and universities and health and welfare organizations AICPA's Audit Risk Alert "State and Local Governmental Developments" All organizations that receive a City of Fort Worth award must submit the provided Audit Certification Form which certifies whether you are subject to a single/program audit. Organizations receiving federal awards from the City of Fort Worth who are not required to have an audit shall certify in writing to the agency. The organizations Chief Executive Officer or Chief Financial Officer shall make the certification within 60 days of the end of the organization's fiscal year. The following items should be submitted to the City of Fort Worth Housing Department within the required timeframe: Due 60 days after organization's fiscal year end: (required for all subrecipients) • Completed Audit Certification Form Due within the earlier of 30 days after receipt of the auditor's report or nine months after the end of the audit period. • Two copies of the entire audit report issued by the CPA • Two copies of any management letter issued by the CPA in conjunction with the audit report • Two copies of management's comments on all findings, recommendations, & questioned costs contained in the audit report and management letter, including a detailed corrective action plan Failure to submit any of these items by the required due date may result in holds on current draw requests, suspension of the organization's contract(s) and eligibility for future funding. If the organization does not meet the requirements of having a single/program audit conducted, records must still be kept available for review or audit by City of Fort Worth staff (OMB A-133 Subpart B Sec 200(d). If additional information is needed concerning the audit requirements, please call (817) 392-6141. NM ,.. CITY OF FORT WORTH HOUSING DEPARTMENT SINGLE AUDIT REPORT CHECKLIST The Department developed this checklist to help organizations improve the quality and completeness of audit reports. General Purpose or Basic Financial Statements of the Organization Opinion/Report on Organization's Financial Statements in accordance with Government Auditing Standards Notes to the General Purpose or Basic Financial Statements of the Organization A Schedule of Expenditures of Federal Awards, including the Department's contract numbers, the total expended for the federal program, and the CFDA number (OMB A-133 Subpart C Sec 310). Opinion/Report on Schedule of Expenditures of Federal and State Awards Report on Compliance and on Internals Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards. (OMB A-133 § 505 (b)) Report on Compliance with Requirements Applicable to Each Major Program and Internal Control over Compliance in Accordance with OMB Circular A-133. (OMB A-133 § 505 (c)) Schedule of Findings and Questioned Costs (OMB A-133 §. 505d), including: Summary Schedule of Prior Audit Findings reporting the status of all findings included in the prior audit's schedule of findings and questioned costs. (OMB A- 133 Sec. 315 (a) and (b)) Corrective Action Plan including (OMB A-133 Sec. 315 (c)) name of person responsible for the corrective action, corrective action planned, anticipated completion date, and explanation and reason if auditee does not agree with findings or believes correction is not required. All reports are signed and dated by the auditor Two copies of the audit reports are submitted Two copies of the management letter, if issued in conjunction with the audit report Two copies of comments by management concerning all findings and recommendations included in management letter, including a corrective action plan EXHIBIT E Easter Seals Great Northwest Texas (Easter Seals) "Home Of Your Own" Program (HOYO) Policies and Guidelines A HOYO "Participant" is any individual who has received a letter from Easter Seals approving their HOYO application and their eligibility for participation in the HOYO program. HOYO Program Policies HOYO Participant Eligibility Policy: 1. The applicant must be a person with a disability or includes a family member with a disability as defined by the American with Disabilities Act (ADA) 2. The disability must be documented with a Physician Disability Certification or other acceptable medical documentation 3. Applicant(s) must be a US Citizen or legal resident alien 4. Applicant(s) must complete a HOYO orientation and agree in writing to abide by the policies and requirements of the HOYO program 5. Applicant(s) must complete a HUD certified homeownership training class and provide Easter Seals with a copy of the certificate 6. Applicant(s) must provide a minimum investment of$500.00 of their own funds 7. Applicant(s) income may not exceed 80% of Area Median Income 8. Applicant(s) income will be calculated on the present and future projections for the next 12-month period. 9. Applicant(s) must disclose all sources of household income.(Some households may include persons who are not counted as family members for the purpose of income limits and whose income, if any, is not considered when calculating annual income. Do not count the following household members when determining family size for income limit purposes; foster children, live-in aides, and children of live-in aides, unborn children and children being pursued for legal custody or adoption who are not currently living with the household. A child who is subject to a shared-custody agreement in which the child resides with the household at least fifty percent of the time can be counted. ) 10.Applicant(s) must agree to occupy the home as their primary residence (no rent property accepted) 11.Applicant(s) can have no current financial interest in another property and must not have owned a home in the last three years JrL, �J 12.Displaced homemakers may be eligible on the basis they have been displaced from their current residence and no longer are allowed to live there Easter Seals HOYO Program Guidelines: 1. Applicant(s) may select any loan product or services they qualify for. 2. Applicant(s) must choose an approved lender from a designated lender list. 3. Applicant(s) must have acceptable credit (as per Fannie Mae/FHA guidelines) and be willing to resolve credit problems. Judgments must be released and documentation provided to Easter Seals. Bankruptcy must be discharged for one year or more. If a client has no credit scores, counseling will be provided to establish a credit bureau file by using non-traditional lines of credit. 4. Gifted funds will be calculated as per Fannie Mae/FHA requirements. 5. The qualifying ratios for persons with disabilities are up to 50% housing and 50% housing and debt. (As per Fannie Mae/HOYO) 6. Fannie Mae requires that these loans be manually underwritten. 7. First lien loans must be fully amortized at a fixed rate up to 30 years and no less than 5 years. 8. Applicant(s) may select any loan product or services they qualify for. However, adjustable rate mortgages (ARM) are not allowed. 9. Properties must be located within the city limits of Fort Worth to qualify for the City of Fort Worth Housing Assistance Program (HAP) 10. Funds may be used to purchase a single-family home only. This includes condominiums and a single side of duplex. 11. All properties must be inspected and meet City of Fort Worth Housing Quality Standards (HQS), Texas Minimum Construction Standards and/or local building codes. ATTACHMENT CITY OF FORT WORTH HOUSING DEPARTMENT SUBGRANTEE'S REQUEST FOR FUNDS AGENCY: PROGRAM: ADDRESS: CONTRACT NUMBER: CONTRACT AMOUNT: CONTRACT DATE: DATE OF REQUEST: SECTION I(AGENCY) CURRENT MONTH CUMULATIVE I. Expenditures 1b. Funds Previously Received From City Ia. Less Actual Expenditures(Documentation Attached) 1c. Subtotal(Contract Funds on Hand) 1d. Estimated Future Expenses(from Worksheet) 1e. Contract Funds on Hand(same as 1c) 1f. Funds Needed Is $ II.CDBG Program Income 2a. Application Fees $ $ 2b. $ $ II. PROGRAM INCOME EARNED&EXPENDED Is Is III.I DISBURSEMENT REQUEST AUTHORIZED $ $ (Line I.Funds Needed Less Line II.Total Program Income Received) IV. Agency (Name) (Signature) (Date) SECTION II(CITY) BYSPEED-Purchasing Request A.BUYSPEED INPUT:Vendor/PO Number/Requisition Number. B. Fund/Account/Center: GR76/539120/ Initials C.Total Amount of this Request Approved for Payment: $ Verification/Authorization 1. Development Project Coordinator (Name) (Signature) (Date) 2. Compliance Specialist (Name) (Signature) (Date) 3. Planning Manager Barbara Asbury (Name) (Signature) (Date) 4. Accountant Benedict George (Name) (Signature) (Date) 5. Management and Budget Phyllis Johnson (Name) (Signature) (Date) (If Over$8,500) 6. Housing Director Jerome Walker (Name) (Signature) (Date) Rounting:After All Signatures Return to Compliance Specialist for Copying Distribution: 1 Copy-Accounting 1 Copy-Contract File 1 Copy-Agency CITY OF FORT WORTH ATTACHMENT II HOUSING DEPARTMENT BUDGET STATUS REPORT AGENCY CONTRACT NO. DATE TO PROGRAM REPORT PERIOD CUMULATIVE PROGRAM MONTHLY FUNDS RECEIVED COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE PERSONAL SERVICES Salaries 516 010 FICA 518 010 Life Insurance 518 050 Health Insurance 518 060 Unemployment Tax-State 518 090 Worker's Comp 518 040 SUPPLIES Office Supplies 521 010 Postage 521 020 Other Operating Supplies 523 300 CONTRACTUAL SERVICES Telephone 535 040 Electric 535 020 Gas[Utilityl 535 010 Water/Waste Disposal 535 030 Rent[Building] 537 010 Custodial Services 539 220 Office Equipment Rental 537 030 Printing 533 030 Repairs 536 010 Fidelity Bond 538 210 Liability Insurance 534 020 Legal&Accounting 538 050 Mileage Advertising 533 010 Conferences&Seminars 531 180 Contractual Services 539 120 $24,999 Land Acquisition Appraisal Title&Recording Fees Real Estate Fees/Taxes Market/Feasibility Studies Surveyor CAPITAL OUTLAY Office Equipment,Computers 541 370 Other Equipment 541 320 TOTAL Contractors Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid and consistent with the terms of the NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE PREPARE ONE FORM FOR EACH SOURCE OF FUNDS ATTACM4ENT III 3s •, "f` MONTHLY NARRATIVE REPORT MONTH REPORTING FROM: TO: I. ACCOMPLISHMENTS II. ADDITIONAL COMi-fENTS REG_iiRDING ACCOMPtl- SHN1ENTS THIS MONTH: III. ' PROBLEMS ENCOUNTERED AND SOLUTIONS PROPOSED: IV. ANTICIPATED-ACTIVITIES DURING NEXT MONTH: ATTACHMM III (a) y w 7.t Cd Cd a d ' �+ U ❑ a Cd ¢ . � =om �b , � jj . . E � � a4aQo d b w O � 'L� y a � cl ev o a ¢ u Q U •U .�.i� z % w ¢ � z H .-i N �