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Contract 41755 (2)
CITY SECRETARYL CONTRACT NO. TI'I 51 STATE OF TEXAS 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 Texas 76102, acting by and through Susan Alanis, its duly authorized Assistant City Manager, and Tarrant County Housing Partnership, Inc. ("Contractor"), whose address is 3204 Collinsworth, Fort Worth, Texas, 76107, acting by and through Ms. Donna VanNess, its duly authorized President. (Sometimes City and Contractor are referred to individually as a "Party" and collectively as the "Parties") WHEREAS, City has received grant monies from the United States Department of Housing and Urban Development ("HUD") under Title 1 of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.) for utilization in connection with its Community Development Block Grant ("CDBG"), Program No. B-10-MC-48-0010, for Year XXXVI; WHEREAS, one of the national objectives of the CDBG program is to benefit low and moderate income citizens (the "National Objective"); WHEREAS, the assigned Catalog of Federal Domestic Assistance (CFDA) number is 14.218 for this Federal program; and WHEREAS City citizens, the Community Development Council, and the City Council have determined that CDBG programs are needed by the City's low and moderate -income citizens. NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: THAT, the Parties covenant and agree as follows: 1. Scope of Services a. Contractor will administer housing counseling and education services to citizens of the City of Fort Worth under the program name Housing Counseling and Education ("Program"), for the term November 15, 2010 to September 30, 2011. b. Contractor will be responsible for administering the Program in a manner satisfactory to City and consistent with any standards required as a condition of providing the CDBG funds (as hereinafter- defined). Contractor will provide the services and activities as set forth in Exhibit A -Program Summary in accordance with Exhibit B-Program Services Schedule. c. Contractor agrees to meet the National Objective of activities benefiting low and moderate -income individuals and to maintain full documentation supporting fulfillment of this National Objective in its files as defined in 24 CFR 570.208. Contractor certifies that the activities carried out under this Contract will serve the required percentage of low and moderate -income persons as set forth in Exhibit A -Program Summary. Contractor will obtain adequate documentation sufficient to show family size and lru►ubthuld ©FF! O L RECORD CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Tarrant County Housing Partnership, Inc. CITY SECRETARY Firro ev 01-11 of Program participants to determine eligibility for participation in the Program. All such documentation shall be sufficient to enable City to fulfill its obligations under its Federal grant and shall be provided to City upon request. If this documentation is not maintained by Contractor and furnished to City on request, City may exercise all remedies available under this Contract, including the right to withhold payment to Contractor on this Contract or any other contract with Contractor, or terminate this Contract as described herein A failure to fulfill the National Objective, whether due to inadequate documentation or otherwise, will result in the disallowance of CDBG funding for the Program and Contractor will be required to repay all CDBG Funds to City. d. City will monitor and evaluate Contractor's performance using the goals and performance standards required in this Contract. Substandard performance as determined by City monitoring, including noncompliance with any applicable HUD regulation or failure to maintain or furnish documentation on Program participants, will constitute non- compliance with this Contract. If action to correct such substandard performance is not taken by Contractor within a reasonable period of time after being notified in writing by City, procedures to suspend or ten ninate the Contract will be initiated. e. If applicable, Contractor shall comply and assist City in complying with the provisions of any Federal requirements regarding displacement, relocation and/or real property acquisition; uniform administrative requirements and cost principles; employment and contracting opportunities, use of debarred, suspended or ineligible contractors or subrecipients; eligibility restrictions for certain resident aliens; conflict of interest, and other requirements of Subpart K of the CDBG Regulations. f. Contractor agrees to take reasonable steps to ensure meaningful access to the Program and associated activities by limited English proficient persons, pursuant to Title VI of the Civil Rights Act of 1964. In addition all notices and communications regarding the Program shall be provided in a manner that is effective for persons with hearing, visual, and other communication -related disabilities, consistent with Section 504 of the Rehabilitation Act of 1973 and its implementing regulations at 24 CFR 8.6. 2. Compensation and Method of Payment a. City will disburse CDBG Year XXXVI funds ("CDBG Funds") in an amount up to ONE HUNDRED THIRTY THREE THOUSAND NINETY-TWO AND NO/100 DOLLARS ($133,092.00) to Contractor on a reimbursement of expenses basis. Contractor is acting as a Subrecipient for the purposes of this Contract in carrying out the agreed -upon eligible activities as set forth in Exhibit A - Program Summary. b. Payment will be processed by City within in 30 days of receipt of complete and accurate documentation from Contractor of the following monthly financial documents: (1) Attachment I- Request For Funds, (2) Attachment II -Detail Statement of Costs, and (3) Attachment III -Expenditures Worksheet. Payment by City to Contractor shall require completion of all City foul's and copies of adequate supporting documentation verifying eligibility of expenses as well as where applicable, eligibility of Program participants. Reimbursement for the payment of eligible expenses shall be made against the budget specified in Exhibit C-Program Operating Budget and in accordance with perfoiniance specified in Exhibit B-Program Services Schedule. City will not disburse CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Tarrant County Housing Partnership, Inc. Rev. 02-01-11 Page 2 funds for expenditures that occurred prior to the beginning date of the term of this Contract. c. Contractor agrees to utilize all disbursed CDBG Funds for the benefit of the Program. Contractor agrees that all funds will be expended in accordance with Exhibit C-Program Operating Budget. Contractor may not increase or decrease line -item amounts in the approved CDBG Funds portion of Exhibit C-Program Operating Budget without City s prior written approval. Contractor acknowledges and agrees that any CDBG Funds not used in accordance with the CDBG Regulations and the terms of this Contract will be repaid to City. d. It is understood that the total cost for operation of this Program is $244,652.00 and that Contractor will obtain from other sources the remaining funds in excess of the CDBG Funds as detailed in Exhibit C-Program Operating Budget. Contractor will notify City promptly of any additional funds it receives for operation of the Program, and City reserves the right to amend Exhibit C-Program Operating Budget in such instances to ensure compliance with HUD regulations governing cost allocation. e. Contractor agrees to keep any CDBG Funds on hand in interest bearing accounts. All interest earned shall be reported to City on a monthly basis, at the same time as submission of the monthly report following the end of the Contract month during which the interest was earned. Interest in an amount of $25.00 or less per month may be used for authorized Program expenses. These amounts must be reported on the monthly financial statements filed pursuant to this Contract Interest earned in excess of $25.00 per month is subject to remittance to City as directed by City. f. Contractor will not commingle CDBG Funds with any other funds in any manner that would prevent City from readily identifying expenditures for operation of the Program. g. Nothing in this section or elsewhere in this Contract shall be construed to require City to advance CDBG Funds to Contractor. 3. Uniform Administrative Requirements and Program Management Standards a. Financial Management 1. Accounting Standards Contractor agrees to comply with OMB Circular A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non -Profit Organizations", and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. ii. Cost Principles Contractor shall administer the Program in conformance with OMB Circular A-122, "Cost Principles for Non -Profit Organizations" and attachments and revisions thereto, regarding principles for determining eligible and allocable costs for the Program. b. Documentation and Record Keeping I. Requirement Contractor shall maintain all records pertinent to the activities to be funded under this Contract that are required by 24 CFR § 570.506. In addition, Contractor agrees to keep records to fully document all expenditures charged to the CDBG portion of the Program, including records documenting the eligibility of Program participants as CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Tarrant County Housing Partnership, Inc Rev. 02-01-11 Page 3 more particularly described herein. The documentation must support the amounts charged to the Program, the eligibility of the Program participants, and demonstrate that the expenditures were appropriate to the stated goals of the Program and allowable and/or eligible under applicable Federal, state and City guidelines. ii. Records Retention (1) All records pertaining to Program shall be retained for four (4) years following the termination of this Contract. Contractor may destroy Program records at the end of this four (4) year period if no outstanding audit finding exists. (2) Contractor will retain any Program loan records until four (4) years after the expiration of any loan, if applicable. iii. Real Property Records If applicable, Contractor shall maintain real property inventory records that clearly identify any properties purchased, improved, or sold Any properties retained shall meet eligibility criteria and shall conform to the requirements of 24 CFR § 570.505. iv. Closeouts Contractor's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to: making final payments, disposing of Program assets (including the return of all unused materials, equipment unspent cash advances, Program income balances, and accounts receivable to City), and determining the custodianship of records and verification of compliance with record retention requirements. v. Audits and Inspections (1) City, HUD, and the United States Comptroller General, or their respective representatives, shall have access to any books, documents records and papers relating to the operations of Contractor under this Contract for the purpose of audit, examination, exception and transcription at all of Contractor's offices at all reasonable hours. (2) All non-federal entities that expend $500,000 or more in Federal funds within one (1) year, regardless of the source of the Federal award, must submit to City an annual audit prepared in accordance with 24 CFR Sections § 570.502-570.503 generally, (known as a Single Audit), with specific reference to OMB Circulars (with attachments) A-122, "Cost Piinciples for Non -Profit Organizations", and A- 133, "Audits of States, Local Governments and Non -Profit Organizations", as appropriate. The audit may cover either Contractor s fiscal year during which this Contract is in force or cover the period of this Contract. The audit must be prepared by an independent certified public accountant, be completed within nine (9) months following the end of the period being audited and be submitted to City within thirty (30) days of its completion. Contractor's audit certification is attached hereto as Exhibit D - Audit Certification Form. The Audit Certification Form must be submitted to City within sixty (60) days of the end of the period being audited (Contractor's fiscal year). Costs of preparation of this audit may be an allowable expenditure of CDBG Funds in an amount proportional to that of the CDBG Funds used in Contractor s total agency operating budget. Non-profit entities that expend less than $500,000 a year in Federal funds are exempt from Federal audit requirements for that year, but records must be CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Tarrant County Housing Partnership, Inc. Rev. 02-01-11 Page 4 (3) (4) (5) (6) available for review or audit by appropriate officials of the Federal agency, City, and General Accounting Office ("GAO"). All non-federal entities acting as a Subrecipient for City grant funds that expend less than $500,000 in any Federal funds within one year must submit to City an annual financial audit or annual audited financial statements that cover either Contractor's fiscal year during which this Contract is in force or cover the period of this Contract The audit or financial statements must be submitted to City within thirty (30) days of its completion. Contractor shall submit the following to the City: (i) a copy of Contractor's annual financial report to its Board of Directors and (ii) a copy of its annual filed Internal Revenue Service Fowl 990, Form 990-EZ, or Fotm 990-N. City reserves the right to perform an audit of Contractor's agency operations and finances at any time during the term of this Contract if City determines that such audit is necessary for City's compliance with OMB Circular A-133. Contractor agrees to allow access to all relevant books, records and materials. If such audit reveals a questioned practice or expenditure, such questions must be resolved within thirty (30) days after written notice to Contractor. If questions are not resolved within this period, City reserves the right to withhold further funding under this Contract and/or any other contract(s) with Contractor. If as a result of any audit it is determined that Contractor has misused, misapplied or misappropriated all or any part of the CDBG Funds, Contractor agrees to reimburse the City the amount of such monies so misused, misapplied or misappropriated, plus the amount of any sanction, penalty or other charge levied against City because of such misuse, misapplication or misappropriation. 4. Reporting Procedures a. Financial Reports Contractor will submit to City on a monthly basis: (1) Attachment I -Request for Funds, (2) Attachment II -Detailed Statement of Costs, (3) Attachment III -Expenditures Worksheet, as applicable, for expenses incurred for services and activities accomplished by Contractor in performance of this Contract. Actual cash receipts and documentation for claimed expenditures must be provided at the time the request for funds is presented. The reports must be signed by a duly authorized agent of the Contractor and submitted by the 15th of the month following the month being reported. City is under no obligation to disburse funds for expenditures that occurred prior to the first day of the month for which the report is submitted. b. Progress Reports Contractor will submit to City on a monthly basis: (1) Attachment IVa-Program Services Report, (2) Attachment IVb-Direct Benefit Data Report, (3) Attachment V Performance Report, and (4) Attachment VI -Client Data Report for services and activities undertaken by Contractor in performance of this Contract. The report will be signed by a duly authorized agent of Contractor and submitted by the 15th of the month following the month that is reported. City is under no obligation to disburse funds for expenditures that occurred prior to the beginning date of this Contract. c. Program Income CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Tarrant County Housing Partnership, Inc. Rev. 02-01-11 Page 5 Contractor agrees that all program income from operation of the Program in proportion to the amount of CDBG Funds received hereunder will be expended prior to expending CDBG Funds and that any such program income is subject to the terms of this Contract Contractor may expend CDBG Funds only if program income is insufficient to meet all eligible Program activity expenses. Contractor agrees to return to City at the end of the Contract any remaining program income earned from operation of the Program in proportion to the amount of CDBG Funds in Exhibit A -Program Summary and Exhibit B-Program Operating Budget. d. Procurement I. Compliance Contractor shall comply with City policy concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property, as defined by such policy procured with funds provided under this Contract. ii. OMB Standards Contractor shall procure all materials, property, or services in accordance with the requirements of 24 CFR Part 84, Procurement Standards and Property Standards, as modified by 24 CFR Part 570.502(b)(6), covering utilization and disposal of property. e. Program Participant Records r. Contractor will keep or cause to be kept an accurate record of all actions taken and all CDBG Funds expended, with source documents, in performance of this Contract. Such records shall be kept for the time period mandated by the CDBG Regulations and this Contract. ii. Contractor will obtain and keep on file and furnish to City on request the following information and/or documentation on each Program participant served by the Program demonstrating such participant's eligibility for services provided: 1. Participant's name, address, annual income level or other basis for determining income eligibility, and family size of participant's household. 2. Source documentation used for income verification including but not limited to pay check stubs, food stamp award letters, income tax returns, SSI award letters, letters awarding unemployment benefits, W2s and the like. 3. City shall have the final determination, in its sole discretion, as to whether source documentation used for income verification is adequate. 5. Reversion of Assets a. Contractor agrees to return to City any CDBG Funds remaining on hand at the end of the Contract. b. Any property purchased with CDBG Funds under this Contract will be used solely for operation of the Program. Contractor agrees to obtain City approval prior to purchase of property and Contractor agrees to notify City upon receipt of property so that it may be properly tagged and inventoried. Title to such property will be vested in City, and Contractor will deliver all such property to City for disposition at City's sole discretion at the termination of the Program. CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Tarrant County Housing Partnership, Inc. Rev. 02-01-11 Page 6 6. Applicable Laws a. Federal Contractor agrees to comply with the following laws and the applicable regulations as they are currently written or are hereafter amended during performance of this Contract: • Regulations at 24 CFR Part 570 pertaining to CDBG ("CDBG Regulations") • Title I of the Housing and Community Development Act of 1974 as amended (42 USC 5301 et seq.) • Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4601 et seq.) and its related regulations at 49 CFR Part 24 • Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.) • Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.) • Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq ), as amended by the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR part 35, subparts A, B, M, and R • Uniform Administrative Requirements of 24 CFR part 85 • Executive Orders 11063, 11246, as amended by Executive Orders 11375 and 12086 and as supplemented by 41 CFR Part 60 • The Age Discrimination in Employment Act of 1967 (29 USC 621) • The Age Discrimination Act of 1975 (42 USC 6101 et seq.) • Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part 8 where applicable • The Americans with Disabilities Act of 1990 (42 USC 12101) • National Enviionmental Policy Act of 1969, as amended, 42 USC 4321 et seq. ("NEPA") and the related authorities listed 24 CFR Part 58 • The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of 1977, as amended (33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part 15, as amended from time to time, and Executive Order 11738. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. • The Immigration Reform and Control Act of 1986 (8 USC 1101 et seq), specifically including the provisions requiring employer verification of the legal status of its employees • Drug Free Workplace Act of 1988 (41 USC 701 et seq.), 24 CFR Part 21, and 24 CFR Part 23, Subpart F • Regulations as 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons • Executive Order 12549 and 24 CFR Part 5 105 (c) pertaining to restrictions on participation by ineligible, debarred, or suspended persons or entities. • Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act • Guidelines of the Environmental Protection Agency at 40 CFR Part 247 CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Tarrant County Housing Partnership, Inc. Rev. 02-01-11 Page 7 b. Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC 1701u et seq.) and its related regulations at 24 CFR Part 135 If the work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that the following clause be inserted in all covered contracts ("Section 3 Clause") Such covered contracts or activities include CDBG-funded construction, reconstruction, conversion or rehabilitation of housing as set forth at 24 CFR 135.5. "A The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The Parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3 As evidenced by their execution of this contract, the Parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor s obligations under 24 CFR Part 135. F. Noncomphance 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 CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Tarrant County Housing Partnership, Inc. Rev. 02-01-11 Page 8 Act (25 U.S.C. 450e) also applies to the work to be perfoinied under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).' City and Contractor understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Program, binding upon City and Contractor, and their respective successors, assigns and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors, and their respective successors and assigns, to those sanctions specified by the Grant Agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. c. Other Laws Contractor covenants and agrees that its officers, members, agents, employees, Program participants and subcontractors shall abide by and comply with all other laws, Federal, state and local, relevant to the performance of this Contract, including all applicable City ordinances, rules and regulations and Title I of the Housing and Community Development Act of 1974 (42 USC 5301 et seq.), as amended, and the CDBG Regulations, as amended, (24 CFR Part 570 et seq.). Contractor further promises and agrees that it has read, and is familiar with the terms and conditions of the Community Development Block Grant under which CDBG Funds are granted and any applicable provisions of the CDBG Regulations and that it will fully comply with them. It is agreed and understood that, if City notifies Contractor of any such violation on the part of Contractor or any of its officers, members agents, employees, Program participants or subcontractors, then Contractor shall immediately desist from and correct such violation. 7. Nondiscrimination a. Contractor will not unlawfully discriminate against any person or persons because of sex, race, religion, age, disability, color, national origin, or familial status, nor will Contractor peiinit its officers, members, agents, employees, subcontractors or Program participants to engage in such discrimination. b. Contractor covenants that neither it nor any of its officers, members, agents, employees, Program participants or subcontractors, while engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of bona fide occupational qualification, retirement plan or statutory requirement c. Contractor further covenants that neither it nor its officers, members, agents employees, subcontractors, Piogram participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Tarrant County Housing Partnership, Inc Rev. 02-01-11 Page 9 limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. d. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with Contractor, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable Federal, state and local laws concerning disability and will defend, indemnify and hold City hainlless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors alleged failure to comply with the above -referenced laws concerning disability discrimination in the performance of this Contract. e. This Contract is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article III Division 3 'Discrimination in Employment Practices', of the City Code, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents, employees and subcontractors, have fully complied with all provisions of same and that no employee, employee -applicant or Program participant has been discriminated against by the telurs of such ordinances by either the Contractor or its officers, members, agents, employees or subcontractors. f. City shall not discriminate against Contractor on the basis of the organization's religious character or affiliation, if applicable. If Contractor is a religious organization, Contractor shall not engage in inherently religious activities as part of the Program, though Contractor may engage in such activities if they are offered separately, in time or location from the Program and participation must be voluntary for Program participants. Contractor, if it is a faith -based organization, may use space in its facilities to provide CDBG-funded services, without removing religious art, icons, scriptures, or other religious symbols. Contractor shall not, in providing Program assistance, discriminate against a Program participant or prospective program participant on the basis of religion or religious belief. 8. Prohibition Against Interest/Conflict of Interest a. No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which the Program is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the Program funded hereunder during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts entered into in connection with the Program. b. No member, officer, employee, or Program participant of Contractor or its subcontractors shall have a financial interest, direct or indirect, in this Contract or the CDBG Funds transferred hereunder or be financially interested, directly or indirectly, in the sale to Contractoi of any land, materials, supplies or services purchased with any CDBG Funds transferred hereunder, except on behalf of Contractor, as an officer, employee, member or CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Tarrant County Housing Partnership, Inc. Rev. 02-01-11 Page 10 Program participant. Any willful violation of this paragraph with the expressed or implied knowledge of Contractor or its subcontractors shall render this Contract voidable by City. c. A duly authorized representative of Contractor shall execute Exhibit E-Conflict of Interest on behalf of Contractor. 9. Minority and Women Business Enterprise Commitment Contractor agrees to abide by City's policy to involve Minority and Women Business Enterprises (`MWBEs") in all phases of its procurement practices and to provide them an equal opportunity to compete for contracts for construction, provision of professional services purchase of equipment and supplies and provision of other services required by City. Contractor agrees to incorporate City Ordinance No. 15530, and all amendments or successor policies thereto, into all contracts and will further require all persons or entities with whom it contracts to comply with said MWBEs policy. 10. Non -Assignment No assignment, delegation of duties, or subcontract under this Contract by Contractor shall be effective without City's prior written approval. If such assignment, delegation, or subcontract occurs, such assignment or subcontract shall be upon and subject to all of the terms, covenants, and conditions contained in this Contract, and Contractor shall continue to remain liable thereunder. Upon any subsequent assignment or subcontract, each subcontractor or subsequent assignee shall continue to be and remain liable hereunder. Within thirty (30) days after the execution and delivery of any such assignment or subcontract, Contractor shall furnish to City a duplicate original of the subcontract or assignment which shall contain an assumption by the assignee or subcontractor of all of the obligations of Contractor under this Contract. Contractor will defend, indemnify and hold City harmless against (1) any claims or allegations asserted by third parties or subcontractors against City and (2) any requirement of repayment of non-federal monies by HUD arising out of Contractor's and/or its subcontractors' alleged failure to comply with the requirements of this Contract. 11. Independent Contractor a. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City Contractor shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, Program participants, licensees or invitee. The doctrine of respondeat superior shall not apply as between City and Contractor, its officers, members agents servants, employees, subcontractors, Program participants, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is expressly understood and agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of the Contractor, nor any Program participant hereunder, is in the paid service CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Tarrant County Housing Partnership, Inc Rev. 02-01-11 Page 11 of City and that City does not have the legal right to control the details of the tasks performed hereunder by Contractor, its officers, members, agents, employees, subcontractors, Program participants, licensees or invitees. b. City shall in no way nor under any circumstances be responsible for any property belonging to Contractor, its officers, members, agents, employees, subcontractors, Program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged; and Contractor hereby indemnifies and holds harmless City and its officers, agents, and employees from and against any and all claims or suits. 12. Indemnification, Insurance and Bonding a. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY; AND CONTRACTOR HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE OF THIS CONTRACT AND AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAMS DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. CONTRACTOR LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF CONTRACTOR, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Tarrant County Housing Partnership, Inc. Rev. 02-01-11 Page 12 CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY THE CITY'S SOLE OR CONCURRENT NEGLIGENCE. CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS RELATED TO THIS CONTRACT TO INCLUDE IN THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. b. Contractor will maintain blanket fidelity coverage in the form of a bond in the amount of $133,092.00, to insure against loss from the fraud, theft or dishonesty of any of Contractor s officers, agents, trustees, directors or employees. The proceeds of such bond shall be used to reimburse City for any and all loss of CDBG Funds occasioned by such misconduct. To effectuate such reimbursement, such bond shall include a rider stating that reimbursement for any loss or losses thereunder shall be made directly to City for the uses and benefit of Contractor. c. Contractor shall furnish certificates of insurance as proof that it has secured and paid for policies of workers' compensation, public liability and automobile liability insurance (if automobiles are utilized in the perfoiluance of this Contract) covering all risks incident to or in connection with the execution, perfoiluance, attempted performance or nonperformance of this Contract. The amounts of such insurance shall not be less than the maximum liability that can be imposed on City under the laws of the State of Texas. Contractor understands and agrees that such insurance amounts may be revised upward at City s option and that Contractor shall revise such amounts within thirty (30) days following notice to Contractor of such requirements d. Contractor will submit documentation to City that it has obtained insurance coverage and has executed bonds as required in this contract within thirty (30) days of the execution of this Contract and prior to payment of any monies hereunder. e. Any failure on pait 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 Contractor insurance policies shall be licensed to do business in the State of Texas by the Department of Insurance or be otherwise eligible and authorized to business in the state of Texas. Insurers shall be acceptable to City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rating of A: VII or other equivalent insurance industry standard rating unless otherwise approved by City. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by City. f. Any local, federal or other regulatory insurance or bonding requirements for the Program that exceed those specified herein shall prevail. g. Contractor shall agree to require its subcontractors related to this contract to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and, Contractor shall require its subcontractors to provide Contractor with certificate(s) of CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Tarrant County Housing Partnership, Inc. Rev. 02-01-11 Page 13 insurance documenting such coverage. Also, Contractor shall require its subcontractors to have City and Contractor endorsed as additional insured (as their interests may appear) on their respective insurance policies. Contractor shall require its subcontractors to maintain builders risk insurance at the limit of applicable project(s) costs when the value of materials involved exceeds $10,000 or at a different limit value limit as specified by City. 13. Waiver oflmmunity If Contractor is a charitable or nonprofit organization and has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death to persons or property; Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. 14. Remedies for Breach of Contract Upon identification of possible breaches of this Contract, and prior to exercising its Termination rights under this Contract, City may elect to exercise any of the following remedies: a. issuance of a warning letter indicating that further failure to comply with applicable requirements will result in serious sanction and giving the Contractor a limited time to correct the deficiency; b. placing conditions upon award of future grants; c directing the Contractor to stop incurring costs until the deficiency is corrected and the correction is verified; d. requiring repayment of CDBG Funds previously disbursed to the Contractor; and/or e. reducing the amount of future grant awards or disallowing of future awards to the Contractor. 15. Termination a In addition to, and not in substitution for, other provisions of this Contract regarding the provision of public services with CDBG Funds and the CDBG Regulations, it is expressly understood and agreed by and between the Parties that this Contract is wholly conditioned upon the actual receipt by City of Federal CDBG Year XXXV funds; that all monies distributed to Contractor hereunder shall be exclusively from Federal monies received under said grant and not from any other monies of City; and that if such funds under City's grant are not timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this Contract and City shall not be liable for payment for any work or services performed by Contractor under or in connection with this Contiact. b. City may terminate this Contract whenever such termination is determined to be in City's best interest, in event of Contractor's default, inability or failure to perform or to comply with any of the teluis herein, or, for other good cause, subject to Section 14 above. c. The Parties acknowledge that CDBG Funds paid hereunder are intended to provide only partial funding for Contractor's agency operations. City may teitninate this Contract if CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Tarrant County Housing Partnership, Inc. Rev 02-01-11 Page 14 non-CDBG funds included in the Operating Budget are not forthcoming to Contractor during the Contract term. d. CDBG Funds provided hereunder may not be used as collateral for loans to Contractor to defray agency operation expenses, and any attempted use of CDBG Funds for this purpose will result in termination of this Contract by City. e. Termination will be effected by written notice to Contractor, specifying the portions of the Contract affected and the effective date of termination. Upon Contractor's receipt of such termination notice, Contractor wine • Stop work under the Contract on the date and to the extent specified by City; • Cease expenditures of CDBG Funds, except as necessary for completion of the portions of the Contract not terminated; and • Teiminate all orders and contracts to the extent that they relate to portions of the Contract being terminated. f. Contractor will return to City any unused CDBG Funds within thirty (30) days of the effective date of Contract termination. City will have no responsibility or liability for Contractoi's expenditures or actions occurring after the effective date of Contract WI mlination. 16. Certification Regarding Lobbying a. The undersigned representative of Contractor hereby certifies, to the best of his or her knowledge and belief, that No federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. Contractor shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of Federal funds. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Fedeial contract, grant, loan or cooperative agreement, Contractor shall complete and submit Standard Foum-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certificate is a prerequisite for making or entering into this Contract imposed by 31 USC Section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Tarrant County Housing Partnership, Inc. Rev. 02-01-11 Page 15 17. Miscellaneous Provisions a. All teiins of this Contract shall apply to any and all subcontractors of Contractor who are in any way paid with CDBG Funds or who perform any work in connection with Contractor's Program. b. 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. c. City's failure to insist upon the performance of any term or provision of this Contract or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. d. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted perfoiniance or nonperfounance of this Contract, venue for action shall he in Tan ant County, Texas. e. This written instrument and the exhibits attached hereto, which are incorporated by reference and made a part of this Contract for all purposes, constitute the entire agreement between the Parties concerning the work and services to be perfollued hereunder, and any pnor or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. Any amendments to the teilus of this Contract must be in writing and must be approved by each Party. f. All notices required or permitted by this Contract must be in writing and are deemed delivered on the earlier of the date actually received or the third day following (i) deposit in a United States Postal Service post office or receptacle; (ii) with proper postage (certified mail, return receipt requested); and (iii) addressed to the other Party at the address set out in the preamble of this Contract or at such other address as the receiving Party designates by proper notice to the sending Party g. None of the performance rendered under this Contract shall involve, and no portion of the CDBG Funds received hereunder shall be used directly or indirectly, for the construction, operations, maintenance or administration of any sectarian or religious facility or activity, nor shall said performance rendered or funds received be utilized so as to benefit, directly or indirectly, any such sectarian or religious facility or activity. h. Contractor represents that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract and to perform the responsibilities herein required. i. Contractor certifies that it has obtained a 501 (c) (3) Certificate from the Internal Revenue Service. Contractor shall notify City in writing of any changes to its 501 (c) (3) tax-exempt status during the term of this Contract. j. In the event any copyright arises with respect to any data or other copyrightable work developed in the course of or under this Contract, Contractor shall notify City of the copyright and the copyright shall be assigned to City. k In the event a patentable invention is created as part of this contract and a patent is obtained, Contractor shall notify City of the patent and the patent shall be assigned to City. CDBG YEAR =XCVl SUBRECIPIENT CONTRACT Tarrant County Housing Partnership, Inc. Rev. 02-01-11 Page 16 1. Contractor shall comply with the requirements of mandatory standards and policies relating to energy efficiency which are contained in the State of Texas s energy conservation plan issued in compliance with the Energy and Policy Conservation Act (PL 94-163). [SIGNATURES APPEAR ON FOLLOWING PAGE] CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Tarrant County Housing Partnership, Inc Rev. 02-01-11 Page 17 IN WITNESS WHEREOF, the Parties hereto have executed three duplicate originals of this Contract in Fort Worth, Tarrant County, Texas, this 1 h4\ day of flct,bJ� 20 1 CITY OF FORT WORTH By: nALIAA.a n Alanis stant City Manager APPROVED AS TO FORM AND LEGALITY: Lei“-)(31/4 r Assistant City Attorney ATTEST: City Secretary STATE OF TEXAS COUNTY OF TARRANT B TARRANT COUNTY PARTNER ` IP, INC. na Van President mstc 0 --pig s 4 Date: "ISbn instrument was acknowledged before me on fflOJA This g Susan Alanis, the Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. •ia ttAlithhiltftittlAA..a— L. aalb e..lt Leg IWO Ltlt. LINDA M. HIRRLINGER MY COMMISSION EXPIRES $ February 2, 2014 STATE OF TEXAS COUNTY OF TARRANT HOUSING 20 �� by AAA- 9Y1 eNialeitaftt Notary Public, State of Texas 20 I ( by Donna VanNess, the President of Tarrant County Housing Parthership, Inc. a Texas non-profit corporation, on behalf of said corporation. This instrument was acknowledged before me on act �. r CAROLYN A. cooK Notary Public, State of TexExpires My Commission ,tune 06, 2012 CDBG YEAR XXXVI SUBRECIPIENT CONTRACT Tarrant County Housing Partnership, Inc. Notary 63-del blic, State of Texas OFFICIAL RECORD aTIf SECRETARY Fre Page 18 Attachment I CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT ADMINISTRATION AND LOAN SERVICES REQUEST FOR FUNDS AGENCY: TARRANT COUNTY HOUSING PARTNERSHIP, INC. ADDRESS: 3204 COLLINSWORTH STREET FORT WORTH, TX 76107 S ECTION I (AGENCY) 1. Reimbursement Request A. Expenditures: B. Reimbursement 2. Requested By: A. Agency Donna VanNess (Name) S ECTION II (CITY) 1. BUYSPEED - Purchasing Request A. BUYSPEED INPUT: Vendor/PO Number/Requisition Number: B. Fund/Account/Center: C. Total Amount of this Request: S ECTION III (CITY) 1. Verification A. Sr. Admin Services Mgr B. Accounting 2. Authorization B. Sr. Admin. Services Mgr C. Director Distribution: 1 Copy - Accounting Socorro Gray (Name) Benedict George (Name) Socorro Gray (Name) Jesus Chapa (Name) PROGRAM: CONTRACT NUMBER: CONTRACT AMOUNT: CONTRACT DATE: 11/15/2010 DATE OF REQUEST: IDIS NUMBER: CURRENT MONTH (Signature) GR76 539120 017206460360 $ Note: Any Request for Funds that exceeds $25,000 requires the Director's signature (Signature) (Signature) (Signature) (Signature) CUMULATIVE (Date) (Date) (Date) (Date) (Date) Attachment II CITY OF FORT WORTH HOUSING & ECONOMIC DEVELOPMENT DEPARTMENT ADMINISTRATION AND LOAN SERVICES DIVISION DETAIL STATEMENT OF COSTS TARRANT COUNTY HOUSING PARTNERSHIP, INC. AGENCY HOUSING COUNSELING & EDUCATION PROGRAM PROGRAM COST CATEGORY PERSONAL SERVICES Salaries FICA Life Insurance Health Insurance Unemployment Tax- State Workers Comp Retirement SUPPLIES Office Supplies Postage Teaching Aids (Equipment) Food Supplies Other Operating Supplies CONTRACTUAL SERVICES Telephone Electric Gas [Utility] Water/Waste Disposal Rent [Budding] Custodial Services Office Equipment Rental Printing Repairs Fidelity Bond Liability Insurance Legal & Accounting Private Auto Allowance- Local Advertising Conferences & Seminars Contractual Services CAPITAL OUTLAY Furniture, Fixtures Office Equipment, Computers Other Equipment TOTAL 1 PROGRAM ACCOUNT BUDGET 516 010 518 010 518 050 518 060 518 090 518 040 518 070 521 010 521 020 522 030 522 030 523 300 1 535 040 535 020 535 010 535 030 537 010 539 220 537 030 533 030 536 010 538 210 534 020 538 050 532 130 533 010 531 180 539 120 541 330 541 370 541 320 CONTRACT NO. TO REPORT PERIOD MONTHLY CUMULATIVE EXPENDITURES TO DATE BALANCE DATE $0.001 $0.00 $0.00 $0.00. Contractor's Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid and consistent with the terms of the agreement. NAME and TITLE OF AUTHORIZED OFFICER PREPARE ONE FORM FOR EACH SOURCE OF FUNDS DISTRIBUTION: 1 Copy -Accounting 1 Copy - Agency SIGNATURE and DATE Attachment III CITY OF FORT WORTH HOUSING & ECONOMIC DEVELOPMENT DEPARTMENT ADMINISTRATION & LOAN SERVICES DIVISION EXPENDITURES WORKSHEET Tarrant County Housing Partnership, Inc. Agency Program NO DATE 11 12 13 4 5 6 7 8 9 110 111 12 13 14 15 16 17 18 19 120 21 22 23 24 25 26 27 28 29 30 31 (32 33 34 35 136 37 38 39 CHECK NO PAYEE DESCRIPTION Date To Report Period ACCOUNT NO. AMOUNT TOTAL TITLE OF AUTHORIZED OFFICER SIGNATURE AND DATE $0.00 CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT ADMINSTRATION AND LOAN SERVICES DIVISION CDBG YEAR XXXV 1. Name and Address of Sub -Grantee Tarrant County Housing Partnership, Inc. 3204 Collinsworth St. Fort Worth, TX 76107 5. Program Services and Activities Number of New Households and/or Persons Served 6. Direct Benefit (Continued). Current Month Cumulative Current Month Extremely Low Income (0<30%) Household Size 0 30% 31-50% 51-80% 1 $13,850 $23,100 $36,950 2. Program Name Housing Counseling & Education 3. Contract No. 4. Date of Request Month & Year Cumulative Very Low Income (31-50%) 2 $15,850 $26,400 $42,250 Low Income (51-80%) 3 $17,800 $29,700 $47,500 4 $19,800 $33,000 $52,800 Above Low Income (80%>) 5 $21,400 $35,650 $57,000 6 $22,950 $38,300 $61,250 Attachment IVa 7 $24, 550 $40, 900 $65,450 8 $26,150 $43,550 $69, 700 Certification: The undersigned, hereby, gives assurance that to the best of my knowledge and belief, the data included in this report is true and accurate. It is also acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal, state, and local law. Date: Submitted by: Signature Required Phone No. CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT ADMINSTRATION AND LOAN SERVICES DIVISION CDBG YEAR XXXV 1. Name and Address of Sub -Grantee Tarrant County Housing Partnership, Inc. 2. Program Name Housing Counseling & Education 3204 Collinsworth St. Fort Worth, TX 76107 3. Contract No. 4. Date of Request Month & Year 8. Direct Benefit Data (New Household and /or Persons Served) Race: Section Must be Completed) Current Month Cumulative White Black/African American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific islander Indian/Alaskan Native & White Asian & White Black/African American&White Indian/Alaskan Native & Black African American Other Multi -Racial TOTAL 0 0 Female Head of Household Current Month Cumulative Ethnicity: (Section Must be Completed) Hispanic - - Hispanic - Current Month . Cumulative 0 0 Attachment IVb Non -Hispanic Non -Hispanic -Current Month Cumulative 0 0 Certification: The undersigned, hereby, gives assurance that to the best of my knowledge and belief, the data included in this report is true and accurate. It is also acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal, state, and local law. Date: Submitted by: Phone No. Signature Required Ethnicity- Report whether client identifies themselves as Hispanic or Non -Hispanic Race- Identify the category chosen by the client CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT ADMINISTRATION AND LOAN SERVICES DIVISION CDBG YEAR XXXV Attachment V Agencv/Address 2. Program Name: Tarrant County Housing Partnership, Inc. 3. Contract No: Contract Date: Nov. 15, 2010 Contract Amount: 3204 Collinsworth St. Fort Worth, TX 76107 4. Date of Request: Month & Year 5. PROGRAM SERVICES AND ACTIVITIES: CURRENT CUMULATIVE **Goals listed on Contract Exhibits A&B should be listed here. Provide 300 households with homebuyer training and certificate of completion. Provide 100 households with post -purchase education. Provide 90 households with fioreclosure prevention workshops. 6. SCOPE OF WORK NARRATIVE: 7. PROBLEMS ENCOUNTERED / SOLUTIONS PROPOSED: 8. ANTICIPATED ACTIVITY DURING THE NEXT MONTH: Certification: The undersigned, hereby, gives assurance that to the best of my knowledge and belief, the data included in this report is true and accurate. It is also acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal, state, and local law. Date: Submitted By: Phone No. Signature Required CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT ADMINISTRATION & LOAN SERVICES DIVISION CLIENT DATA REPORT 1. Name and Address of Sub -Grantee: 12. Program Name: Housing Counseling & Education Program Tarrant County Housing Partnership, Inc. 3204 Collinsworth St. Fort Worth, TX 76107 Name 3. Contract No. 4. Contract Amount 5. Date of Request Month & Year Age Sex Ethnicity Race Disabled # Fam Income FHOH Street Address Attachment VI Certification: The undersigned, hereby, gives assurance that to the best of my knowledge and belief, the data included in this report is true and accurate. It is also acknowledged that the provision of false information could leave the certifying official subject to the penalties of federal, state, and local law. Date: Submitted by: Phone Number: Tarrant County Housing Partnership, Inc. Housing Counseling and Education Program CONTRACT NO. EXHIBIT A SCOPE OF SERVICES PROGRAM SUMMARY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SCOPE OF SERVICES November 15, 2010 — September 30, 2011 $133,092.00 PERIOD AMOUNT Tarrant County Housing Partnership, Inc. ("TCHP") will provide housing counseling and education services to residents of the City of Fort Worth (` City") at the TCHP office or other accommodating venue in the City. The Housing Counseling and Education program (Program) offered by TCHP will include the following tasks and activities: homebuyer outreach/orientation sessions, individual pre -purchase and foreclosure prevention counseling, homebuyer training and post -purchase workshops, and lender/realtor of Cntation workshops. Detailed description of these services is listed below. All services will be piovided primarily at 3204 Collinsworth St., Fort Worth, TX 76107, Monday — Friday from 9:OOAM to 5:OOPM. The purpose of the program will be to provide housing counseling and education services to low and moderate -income City residents. The specific objectives, goals and level of services to be provided are listed below along with the geographical location of clients served. All services will be provided from November 15, 2010 to September 30, 2011. Preference for class registration will be given to clients referred by City for the homebuyer training in an effort to meet the time restraints that may occur due to the utilization of the City's Homebuyer Assistance Loan Program. The CDBG Funds will be used to pay for staff -related salaries, FICA, health insurance, office supplies, postage, rent, office equipment rental advertising, credit reports and computer equipment, which is consistent with Exhibit C- Detailed Budget. REGULATORY CLASSIFICATION: National Objective Citation: 24 CFR 570.208(a)(2){B} Limited Clientele Regulatory Citation: 24 CFR 570.201(e) Public Service Based on the nature of the service provided, TCHP. will obtain and maintain documentation that verifies that 51% of clients served by the Program are income eligible with current household incomes under 80% of Area Median Income (AMI) as established by the United States Department of Housing and Urban Development (HUD). GEOGRAPHICAL LOCATION: Site Address: 3204 Collinsworth St., Fort Worth, Texas 76107 Client Beneficiary Location: Citywide PROGRAM GOALS: Provide 300 households with homebuyer training and certificate of completion Provide 100 households with post -purchase education (these may be duplicated clients out of the proposed 390) Provide 90 households with foreclosure prevention counseling PROGRAM OBJECTIVES: Host 12 homebuyer outreach/orientation sessions (prerequisite to attend homebuyer training) in English and 6 in Spanish Host 12 homebuyer training workshops in English and 6 in Spanish Host 12 lender/realtor orientation workshops to qualify vendors for Program participation Host minimum of 2 post -purchase workshops. Host minimum of 6 foreclosure prevention workshops. DESCRIPTION: Summary. TCHP will provide a certificate indicating that the Program participant has completed a minimum of 8 hours of pie -purchase home ownership training per HUD regulations A minimum of two hours of one-on-one counseling is required as a part of the eight hours In-depth one-on-one pre -purchase housing counseling must include, but is not limited to• money management including basic debt management; household budgeting and consumer education; and foreclosure prevention TCHP will also work in collaboration with City staff and/or Program partner(s) to promote successful homeownership opportunities and distribute Program materials at public events and at agency offices; provide reports and maintain documentation addressing quality assurance and regulatory compliance; and create and maintain a file for every Program participant who successfully earns a counseling certificate. Outreach/Orientation Sessions TCHP will hold sessions to inform the community of the opportunity for homeownership, both challenges and potential obstacles, and the availability of local down payment and closing cost assistance programs. These sessions will be 2 hours in length and will be held once a month as a prerequisite to attend the homebuyer training workshop. During the session, interested homebuyers will be provided information on how to access assistance program eligibility requirements. Pre -Purchase Counseling TCHP will offer individual counseling with a household to assist that household with home purchase. Program participants will work one-on-one with HUD Certified Housing Advisors on topics regarding: • An assessment of the housing need (review income, debt, credit, savings); • Development of an action plan with short and long-term goals for addressing budgeting, resolving credit problems, establishing a debt reduction/savings plan; • A signed commitment by the Program participant that they agree with the plan and understand and are ready to carry out their responsibilities to accomplish it • Work with Program participants as a part of a longer term plan to reestablish good credit or build savings; • Follow-up with households at least every three months to assess progress toward achieving housing goal(s); • Individual counseling available throughout the home buying process, including assistance with home and neighborhood selection the home inspection process, negotiation of a purchase price, selecting the best mortgage product, and the mortgage application process. Homebuver Training Workshops TCHP's Homebuyer training workshops will be given to educate the potential homebuyer and prepare the household for homeownership These workshops are given the third Saturday of the month and Program participants must be pre -registered to attend. This class is a time that answers the many questions a potential homebuyer has are reviewed. Industry professionals facilitate certain sections. Topics covered at this workshop include: How to Secure a Mortgage, The Appraisal Process, Down Payment and Closing Cost Assistance, Insurance Basics, Shopping for a Home, Getting the Most of Your Mortgage Dollar, and Life as a Homeowner. In this workshop the Program participant will get the opportunity to view the entire home buying process in a comfortable setting before they begin the actual process. Post -Purchase Workshops TCHP will offer these workshops to provide information and support to current homeowners. Included are such topics as routine maintenance successful landscaping; decorating on a budget; home repairs and home improvements; weatherization; property management; and financial planning and budgeting. These are typically 3 hour workshops. In addition to imparting specific information, the goal of these workshops is to educate homebuyers on how to maintain their finances and investment. Another goal is to remind the homebuyer that they can contact TCHP if they experience any problems or need information or advice. Post -Purchase Counseling TCHP Housing Advisors will make available individualized post -purchase counseling as well as group sessions. The counseling information and support includes budgeting as a homeowner; advice and reminders on needed regular home maintenance; taxes and insurance escrow credit counseling; and mortgage refinancing, home equity loans, and the home mortgage interest deduction. It also includes referrals to other community -based organizations from which the household can receive advice and support, such as job training and placement agencies. The goals of this counseling are to support (new) homeowners and to remain visible to homeowners should they run into problems meeting their mortgage obligations. Delinauencv and Foreclosure Prevention Counseling TCHP will offer delinquency and foreclosure counseling including individual counseling, in -person that is early intervention (30 to 45 days) to determine the reason foi the delinquency and to work with the household to bring the mortgage current Foreclosure prevention counseling is in -person and more intensive counseling (often following a delinquency contact). It includes assistance with budgeting in a time of crisis, assessing the viability hardship and a plan of action to a lender, and navigating the workout process. PROGRAM SERVICES and ACTIVITIES Total Units of Services for Year Level of service should be identified in a quantifiable unit and directly related to specified objectives. These activities should be consistent with activities listed on Exhibit B- Program Schedule. Activities should also be consistent with those required by IDIS. Number of Unduplicated Clients Served 390 Homebuyer Training 300 Foreclosure Prevention 90 EXHIBIT B Activity CDBG YEAR 2010 - 2011 PROGRAM SERVICE SCHEDULE TARRANT COUNTY HOUSING PARTNERSHIP, INC. Housing Counseling & Education Program Nov Dec Jan Feb Mar Apr May Jun July Aug Sept Total Number of unduplicated clients served 0 32 21 55 41 60 51 51 27 31 21 390 Homebuyer training (number of clients attended)* 0 17 21 40 41 40 51 31 27 11 21 300 Foreclosure prevention (number of clients attended)* 0 15 0 15 0 20 0 20 0 20 0 90 Post purchase education (number of clients attended)* 100 Homebuyer outreach/orientation sessions in English 12 Homebuyer outreach/orientation sessions in Spanish 6 Homebuyer training workshops in English 12 Homebuyer training workshops in Spanish 6 Lender/Realtor orientation workshops 12 Post purchase workshops 2 Foreclosure prevention workshops 2 *May be duplicate clients CONTRACT PERIOD' Name of Sub Grantee Tarrant County Housing Partnership, Inc. Cost Category PERSONAL SERVICES Salaries FICA/Medicare Life Insurance Health Insurance Employment Tax - State Employment Tax - Federal Worker's Comp Retirement SUPPLIES Office Supplies Postage Teaching Aids Food Supplies Other Operating Expenses CONTRACTUAL SERVICES Telephone Electric Gas Water/Waste Disposal Rent [Building] Custodial Services Office Equipment Rental Printing Repairs Fidelity Bond Liability Insurance Legal & Accounting Private Auto Allowance - Local Advertising Conference & Seminars Contractual Services Other Expenses - Credit Reports Miscellaneous CAPITAL OUTLAY Office Furniture Computer Equipment Other: [Described] CITY OF FORT WORTH From: 11 /15/2010 Program CDBG Budget Funds $156,609.00 $ 89,927.00 $12,028.00 $ 6,835.00 $19,136.00 $ 10,076.00 $2,730.00 $630.00 $2,654.00 $33,390.00 $ 24,804.00 $2,035.00 $3, 360.00 $6,080.00 $900.00 $1,900.00 $1,750.00 $1,450.00 $ 1,450.00 To: 9/30/2011 Name of Program Housing Counseling & Education [a] [b] $36,331.00 $ 30,351.00 $4,342 00 $ 851.00 $7,204 00 $ 1,856.00 $2,730.00 $630.00 $2,654.00 $8,586.00 $2,035.00 $3,360.00 $3,119.00 $2,961.00 $900.00 $ 1,900.00 $1,750.00 TOTAL $244,652 00 $133,092 00 $61,560.00 $50,000.00 MATCHING FUND SOURCES [a] Housing Partnership Network [b] Fannie Mae Foundation [c] [d] [c] EXHIBIT C Page 1 of 3 [d] 1 2 3 4 5 6 7 8 BUDGET DETAIL PERSONNEL SERVICES Position / Title Fernando Espinoza, Community Outreach & Education Mgr. Martha Ford, Senior Housing Advisor Melida Stewart Housing Advisor Rose Mary Rodriguez, Intake Specialist/Jr. Housing Advisor TOTAL STAFF SALARIES CATEGORY FICA/Medicare Life Insurance Health Insurance Employment Tax Worker's Comp Retirement TOTAL FRINGE BENEFITS TOTAL PERSONNEL SERVICES CATEGORY Telephone Electric Gas Waste/Water Disposal Other Total Utilities BUILDING LOCATION 1 3204 Collinsworth St., Fort Worth 2 3 TOTAL BUILDING LEASE % of Payroll Hourly Rate FRINGE BENEFITS 21.40 18.55 18.00 12.00 Amount $11,178.00 $17,280 00 BUDGET DETAIL UTILITIES $28,458.00 Annual Hours 2080 2080 2080 2080 % Paid by Agency % of Time 50% 50% 100% 100% % Paid by CDBG 39% 61% 42% 58% AVERAGE COST PER NUMBER OF MONTHS MONTH BUILDING LEASE COST PER TOTAL NO. SQUARE SQUARE CHARGE FOOT FOOT $83,475.00 5565 5565 15 Page 2 of 3 Amount 19,478 16,887 30,792 22,770 $ 89,927.00 Amount 6,835 10,076 $ 16,911.00 $ 106,838.00 Page 3 of 3 AMOUNT CHARGED TO CDBG AMOUNT 29.00% $ 24,804.00 $ 24,804 OTHER EXPENSES CATEGORY TOTAL CHARGE % CHARGED TO CDBG AMOUNT Fidelity Bond Liability Insurance Legal & Accounting Office Supplies Postage Printing Mileage Advertising Other Expenses - Credit Reports Capital Outlay - Computer Equipment $ 1,450.00 Operating Expenses TOTAL OTHER EXPENSES $0.00 $ 1,450.00 CONFERENCES AND SEMINARS EVENT TOTAL CHARGE % CHARGED TO CDBG AMOUNT 1 2 3 TOTAL CONFERENCES AND SEMINARS ITEM 1 2 TOTAL OFFICE EQUIPMENT RENTAL OFFICE EQUIPMENT RENTAL TOTAL CHARGE % CHARGED TO CDBG AMOUNT (TOTAL CDBG EXPENSES $ 133,092.00 1 EXHIBIT D CITY OF FORT WORTH HOUSING ECONOMIC D EVELOPMENIL Audit Certification Form Subrecipient: Tarrant County Housing Partnership, Inc. Fiscal Year Ending: 12 / 31 / 10 Mo Day Yr rt During the fiscal year in which funds will be received, we will exceed the federal expenditure threshold of $500,000. We will have our Single Audit or Program Specific Audit completed and will submit the A-133 audit report within nine (9) months after the end of the audited fiscal year or thirty (30) days within its completion, whichever is the earlier date. During the fiscal year in which funds will be received, we will not exceed the $500,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedule below) Federal Expenditure Disclosure Federal Fiends Must be filled out if Single Audit or Program Audit is not required: Federal Grantor Pass Through Grantor Program Name & CFDA Number Contract Number Total Federal Expenditures for this Fiscal Year $ Donna VanNess Printe. Expenditures President Title (Must be CFO, CEO or equivalent) 817-924-5091 ext.110 4/29/11 4uthorizSiature`'-Must b CFO, CEC 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 federally required audit requirements described in OMB Circulars A-133 by the required due date may result in suspension of funding and may affect eligibility for future funding. Notwithstanding the above, this certification acknowledges the agency's commitment to meet all other financial reporting, financial statements, and other audit requirements as may be set forth in the contract. Tarrant County Housing Partnership, Inc. EXHIBIT E Housing Counseling & Education CONFLICT OF INTEREST All Applicants The standards 111 OMB Circular A-110, Subpart C, provide that no employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by Federal funds if real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for an award. CDBG and HOME Applicants Only The CDBG regulations at 24 CFR 570 570.611 and HOME regulations at 24 CFR 92.356 provide that 110 person who is an employee, agent , consultant, officer, or elected official or appointed official of the recipient or Subrecipient that are receiving CDBG or HOME funds and (1) who exercises or has exercised any functions or responsibilities with respect to activities assisted with CDBG funds; or (2) who is i11 a position to participate i11 a decision -making process or gain inside information with regard to these activities, may obtain a financial interest from a CDBG-assisted or HOME -assisted activity, or have any interest in any contract, subcontract, or agreement with respect thereto, or the proceeds, thereunder, either for themselves or those with who they have family or business ties, during their tenure or for one (1) year thereafter. IF NO CONFLICTS EXIST, COMPLETE THE FOLLOWING: I certify that no conflict of interest exists between The City of Fort Worth and I certify that no conflict of interest exists between the subcontractors of and (Name of Organization) IF THERE IS A CONFLICT, COMPLETE THE FOLLOWING: I certify that a conflict of interest does exist between The City of Fort Worth and (Name of Organization) I certify that a conflict of interest does exist between (Name of subcontractor) (Name of Organization) and Describe the nature of the conflict of interest below: (Phase identify the individual, employment, and the conflict or potential conflict [their affiliation with your organization]) 4/0zij10 Si ate o u ed Agen. O • 'al / Date Donna VanNess, President Typed Name and Title M&C Review Page 1 of 2 COUNCIL ACTION: Approved on 11/9/2010 Official site of the City of Fort Worth, Texas FORT WORT H DATE: 11/9/2010 REFERENCE NO.: **C-24564 LOG NAME: 17TCHP-HCS1 CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize the Change in Use and Expenditure Contract of $133,092.00 of Community Development Block Grant Funds with Tarrant County Housing Partnership Inc., for Housing Counseling Services and Authorize the Execution of Contract (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the change in use and expenditure of $133,092.00 of Community Development Block Grant funds for housing counseling services for Program Year 2010-2011; 2. Authorize the City Manager or his designee to execute a contract with Tarrant County Housing Partnership, Inc. for $133,092.00 for housing counseling services for a term beginning November 15, 2010 and ending September 30, 2011; 3. Authorize the City Manager or his designee to extend or renew the contract for up to one year if Tarrant County Housing Partnership, Inc., requests an extension and if such extension is necessary for completion of the program, and 4. 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 governing the use of federal grant funds. DISCUSSION: On August 17, 2010, the City Council approved contracts for the use of grant funds from the United States Department of Housing and Urban Development (HUD) including Community Development Block Grant (CDBG) funds for public services (M&C C-24401) Council specifically approved the expenditure of $133 092.00 to the City's Housing and Economic Development Department (HEDD) to provide housing counseling and foreclosure prevention services. However, due to HUD's caps on administrative costs for CDBG and HOME Program grant funding and cost allocation of funds, it has been necessary to eliminate three staff positions in the HEDD s Housing Services and Information Division and outsource housing counseling and foreclosure prevention services in the current Program Year 2010-2011 as well as future Program Years Tarrant County Housing Partnership (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, and foreclosure prevention services In addition, TCHP will also work in collaboration with City staff to promote successful homeownership opportunities and distribute program materials at public events. The City administers a Homebuyer's Assistance Program that provides forgivable loans for closing cost and down payment assistance to eligible first time homebuyers and the execution of this contract will assist the City in meeting its housing counseling and homebuyer's assistance program goals set forth in the City's 2010-2011 Action Plan. The City's 2010-2011 Action Plan for CDBG funded the Housing Counseling Services Program under Public Services Activities. TCHP will be paid under the contract on a monthly reimbursement schedule. TCHP will provide the http://www.fortworthgov.org/council_packet/mc review.asp?ID=14324&councildate=11... 12/16/2010 M&C Review Page 2 of 2 City reports and maintain documentation addressing quality assurance and regulatory compliance. TCHP housing counseling and foreclosure prevention services will be available in ALL COUNCIL DISTRICTS. A public comment period regarding the change in use of these funds was held from October 9, 2010 to November 8, 2010 Any comments are maintained by the Housing and Economic Development Department in accordance with federal regulations FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 539120 017206460360 $133.092.00 Submitted for City Manager's Office bv: Susan Alanis (8180) Originating Department Head: Jay Chapa (5804) Additional Information Contact: Coy Gray (6203) ATTACHMENTS http://www.fortworthgov.org/council_packet/mc review.asp?ID=14324&councildate=11... 12/16/2010