HomeMy WebLinkAboutContract 43424 (2)CITY SECRETARY
CONTRACT NO.
CONTRACT FOR HOMELESS PREVENTION AND
RAPID RE -HOUSING PROGRAM SERVICES
This contract ("Contract") is made and entered into by and between the City of Fort
Worth ("City"), whose address is 1000 Throckmorton St., Fort Worth, Texas 76102, acting by
and through Fernando Costa, its duly authorized Assistant City Manager, and Catholic Charities
Diocese of Fort Worth, Inc. ("Contractor"), whose address is 249 West Thornill Drive, Fort
Worth, Texas, 76115, acting by and through Heather Reynolds its duly authorized President
(Sometimes City and Contractor are referred to individually as a "Party" and collectively as the
"Parties")
WHEREAS, City has received grant monies from the United States Department of
Housing and Urban Development ("HUD") from the Homelessness Prevention Fund, hereinafter
referred to as the "Homelessness Prevention and Rapid Re -Housing Program ("HPRP"), under
Title XII of the American Recovery and Reinvestment Act of 2009 ("Recovery Act");
WHEREAS, Congress intends that the purpose of the HPRP is to target and prioritize
households that are most in need of temporary assistance and are most likely to achieve stable
housing by providing financial assistance and services to either prevent individuals and families
from becoming homeless or help those who are experiencing homelessness to be quickly re-
housed and stabilized; and
WHEREAS, City citizens, the CDC, and the City Council have determined that HPRP
services are needed by certain of the City's low and moderate -income citizens.
NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH:
THAT, the Parties covenant and agree as follows:
1. Scope of Services
OFFICIAL RECORD.
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a. Contractor will administer homelessness prevention services to citizens of the City of
Fort Worth (each a "Program" and collectively the "Programs"), for the term June 18,
2012 through July 20, 2012.
b. Contractor will be responsible for administering the Programs in a manner satisfactory to
City and consistent with any standards required as a condition of providing the HPRP
Funds (as hereinafter defined), including those conditions set forth in the attached
Exhibit A- Program Summary and Requirements. Contractor shall participate in any
HPRP training provided by City.
c. The activities performed by Contractor under this Contract shall be eligible activities
under the HPRP program (referred to herein as "Eligible Activity" or "Eligible
Activities"), including but not limited to financial assistance, housing relocation and
stabilization services, data collection and evaluation, and/or administrative costs.
d. Contractor agrees to perform Eligible Activities benefiting homeless persons and persons
at risk of becoming homeless, as applicable for each Program.
e. Contractor shall utilize City's intake requirements for Program participants and shall
comply with the City of Fort Worth's HPRP Technical Assistance Handbook, a copy of
which Contractor certifies it has received. Contractor shall ensure that there is a clear
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documented process utilizing City's intake requirements for determining the type, level
and duration of assistance for each Program participant Contractor shall require that all
Program participants receiving assistance under this Contract are within households that
are (1) at or below fifty percent (50%) of Area Median Income (AMI) as defined by
HUD; (2) either homeless or at nsk of losing its housing, and meet both of the following
requirements: (a) no appropriate subsequent housing options have been identified and (b)
the household lacks the financial resources and support networks needed to obtain
immediate housing or remain in its existing housing.
f. Contractor shall maintain full documentation supporting fulfillment of all Eligible
Activities performed under this Contract in its files. All such documentation shall be
furnished to City upon request if necessary for City to fulfill its obligations under its
Federal grant. If this documentation is not maintained and furnished to City on request,
City may exercise all remedies available under this Contract, including the right to
withhold payment to Contractor on this Contract or any other contract with Contractor, or
terminate this Contract as described herein.
g. City will monitor and evaluate Contractor s activities and performance using the goals
and perfoilnance standards required in this Contract. Substandard performance as
determined by City monitoring will constitute non-compliance with this Contract. If
action to correct such substandard performance is not taken by Contractor within a
reasonable period of time after being notified in writing by City, procedures to suspend or
terminate the Contract will be initiated.
h. Contractor agrees to take reasonable steps to ensure meaningful access to the Programs
and associated activities by limited English proficient persons, pursuant to Title VI of the
Civil Rights Act of 1964. In addition, all notices and communications regarding the
Programs shall be provided in a manner that is effective for persons with hearing visual,
and other communication -related disabilities, consistent with section 504 of the
Rehabilitation Act of 1973 and implementing regulations at 24 CFR 8.6
i. Certain activities are expressly prohibited to be funded under this Contract, including but
not limited to mortgage costs; costs needed by homeowners to assist with any fees, taxes,
or other costs of refinancing a mortgage; construction or rehabilitation; credit card bills or
other consumer debt; car repair or other transportation costs; travel costs food; medical or
dental care and medicines; clothing and grooming; home furnishings; pet care;
entertainment activities; work or education related materials; cash assistance; discharge
planning programs in mainstream institutions such as hospitals, jails or prisons;
certifications, licenses and general training classes for case managers and Program
administrators.
j. Contractor may terminate assistance to a Program participant who violates Program
requirements. Contractor may not resume assistance to a Program participant whose
assistance was previously terminated. In terminating assistance to a Program participant,
Contractor must provide a formal process that recognizes the rights of individuals
receiving assistance to due process of law. The process, at a minimum, must consist of
the following:
(1) Written notice to the Program participant containing a clear statement of the
reasons for termination;
(2) A review of the decision, in which the Program participant is given the
opportunity to present written or oral objections before a person other than the
person (or a subordinate of that person) who made or approved the termination
decision; and
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(3) Prompt written notice of the final decision to the Program participant.
Contractor must retain, and provide to City, discharge documentation pertaining to the
process and to the termination of any Program participant, if any, from the Programs. At
a minimum Contractor shall ensure the documentation relating to each step of the
termination process of a Program participant is retained.
2. Compensation and Method of Payment
a. City will disburse HPRP funds ("HPRP Funds') in an amount up to FORTY FIVF
THOUSAND AND 00/100 DOLLARS ($45,000.00) to Contractor on a reimbursement of
expenses basis. Contractor is acting as a subrecipient for the purposes of this contract in
carrying out the Programs.
b. Payment will be processed by City following receipt from Contractor of the following
monthly financial documents for each Program. (1) Attachment I- Invoice, (2)
Attachment II -Expenditure Worksheet, and (3) Attachment IIIa — Prevention Client
Data Report, and (4) Attachment IIIb — ReHousing Client Data Report. Contractor
must submit separate documentation for each Program Payment by City to Contractor
shall require completion of all City forms and copies of adequate supporting
documentation verifying eligibility of expenses as well as, where apphcable, eligibility of
Program participants. Reimbursement for the payment of eligible expenses shall be made
against the budgets specified in Exhibit B - Operating Budget. City will not disburse
funds for expenditures that occurred prior to the beginning date of the term of this
Contract. All requests for reimbursement must be received by July 16, 2012. Final
cancelled checks may be provided after the final reimbursement is due no later than
30 days after the submission
c. Contractor agrees to utilize all disbursed HPRP Funds for the benefit of the Programs.
Contractor agrees that all funds will be expended in accordance with Exhibit B.
Contractor may not increase or decrease line -item amounts or move funds from one
budget to another in Exhibit B without the prior written approval of the Director of the
Housing and Economic Development Department of the City of Fort Worth. No
revisions will be accepted by City after July 16, 2012. Any HPRP Funds not used in
accordance with the Recovery Act, any other applicable federal laws and regulations, and
the terms of this Contract will be repaid to City
d. Contractor will ensure that HPRP Funds are not treated in any manner that would prevent
City from readily identifying expenditures for operation of the Program.
3. Administrative Requirements and Program Management Standards
a. Financial Management
i. Accounting Standards
Contractor agrees to comply with OMB Circular A-110, "Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and other Non -Profit Organizations", and agrees to adhere to the accounting
principles and procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.
ii. Cost Principles
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Contractor shall administer the Programs in conformance with OMB Circular A-122,
"Cost Principles for Non -Profit Organizations" and attachments and revisions thereto,
regarding principles for deter pining costs for the Programs.
b. Documentation and Record Keeping
i. Requirement
Contractor shall maintain all records pertinent to the activities to be funded under this
Contract. In addition, Contractor agrees to keep records to fully document all
expenditures charged to the Programs, including records documenting the eligibility
of Program participants as more particularly described herein. The documentation
must support the amounts charged to the Programs the eligibility of the Program
participants, and demonstrate that the expenditures were appropriate to the stated
goals of the Programs and allowable and/or eligible under applicable Federal, state
and City guidelines, as specified in Exhibit A.
ii. Retention
All records pertaining to Programs, including but not Limited to any books,
documents, and papers, shall be retained for four (4) years following the termination
of this Contract Contractor may destroy Program records at the end of this four (4)
year period if no outstanding audit finding exists. This provision shall survive the
termination or expiration of this Contract.
iii. Closeouts
Contractor's obligation to City shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but are not limited to:
making final payments, and deteun ning the custodianship of records, and verification
of compliance with all record retention requirements set forth herein.
iv. Audits and Inspections
(1) City, HUD, and the United States Comptroller General, or their respective
representatives shall have access for four (4) years following the termination of
this Contract to any books, documents, records and papers relating to the
operations of Contractor under this Contract for the purpose of audit,
examination, exception and transcription at all of Contractor's offices at all
reasonable hours. This provision shall survive the termination or expiration of
this Contract.
(2) All non-federal entities that expend $500,000 or more in Federal funds within one
(1) year, regardless of the source of the Federal award, must submit to City an
annual audit prepared in accordance with 24 CFR Sections § 570.502-570.503
generally (known as a "Single Audit"), with specific reference to OMB Circulars
(with attachments) A-122, ` Cost Principles for Non -Profit Organizations", and A-
133, "Audits of States, Local Governments and Non -Profit Organizations" as
appropriate The audit may cover either Contractor s fiscal year during which this
Contract is in force or cover the period of this Contract. The audit must be
prepared by an independent certified public accountant, be completed within nine
(9) months following the end of the period being audited and be submitted to City
within thirty (30) days of its completion. Contractor's audit certification is
attached hereto as Exhibit C - Audit Certification Form. The Audit
Certification Form must be submitted to City within sixty (60) days of the end of
the period being audited (Contractor's fiscal year). Costs of preparation of this
audit may be an allowable expenditure of HPRP Funds in an amount proportional
to that of the HPRP Funds used in Contractor's total agency operating budget
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Non-profit entities that expend less than $500 000 a year in Federal funds are
exempt from Federal audit requirements for that year but shall provide City with
a copy of any other financial audit or audited financial statements prepared during
the Contract term, and records must be available for review or audit by
appropriate officials of the Federal agency, City, and General Accounting Office
("GAO").
(3) City reserves the right to perform an audit of Contractor's agency operations and
finances at any time during the term of this Contract, if City determines that such
audit is necessary for City's compliance with OMB Circular A-133. Contractor
agrees to allow access to all relevant books, records and materials. If such audit
reveals a questioned practice or expenditure, such questions must be resolved
within thirty (30) days after notice to Contractor. If questions are not resolved
within this period, City reserves the right to withhold further funding under this
Contract and/or any other contract(s) with Contractor
(4) If as a result of any audit it is determined that Contractor has misused, misapplied
or misappropriated all or any part of the HPRP Funds, Contractor agrees to
reimburse the City the amount of such monies so misused, misapplied or
misappropriated, plus the amount of any sanction, penalty or other charge levied
against City because of such misuse, misapplication or misappropriation.
(5) Contractor agrees that the City shall have access to any and all of Contractor's
programmatic operations and financial information pertaining to the Program in
order to monitor all activities performed by Contractor pursuant to this Contract to
ensure that the Program requirements established by HUD and the City are being
met.
4. Reporting Procedures
a. Financial Reports
Contractor will submit to City on a monthly basis: (1) Attachment I -Invoice, (2)
Attachment II -Expenditures Worksheet, (3) Attachment IIIa-Prevention Client Data
Report and (4) Attachment IIIb-ReHousing Client Data Report, for expenses
incurred for services and activities accomplished by Contractor in performance of this
Contract. Actual cash receipts for claimed expenditures must be provided at the time the
request for funds is presented The reports must be signed by a duly authorized agent of
the Contractor and submitted by the 5t of the month following the month being reported.
Notwithstanding the foregoing, the final reimbursement request is due on July 16,
2012.
b. Progress Reports
i. Contractor will submit an HMIS report to City on a monthly basis The report will
be signed by a duly authorized agent of Contractor and submitted by the 5th of the
month following the month that is reported. The final reports shall be submitted
by July 16, 2012. City is under no obligation to disburse funds for expenditures
that occurred prior to the beginning date of this Contract.
c. Procurement
i. Compliance
Contractor shall comply with City policy concerning the purchase of equipment and
shall maintain inventory records of all non -expendable personal property, as defined
by such policy, procured with funds provided under this Contract.
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ii. OMB Standards
Contractor shall procure all materials, property, or services in accordance with the
requirements of 24 CFR Part 84, Procurement Standards and Property Standards, as
modified by 24 CFR Part 570.502(b)(6), covenng utilization and disposal of property.
d. Program Participant Records
i. Contractor will keep or cause to be kept an accurate record of all actions taken and all
HPRP Funds expended, with source documents, in performance of this Contract
Such records shall be kept for the time period mandated by the Federal laws and
regulations and this Contract.
ii. Contractor will obtain and keep on file and furnish to City on request the following
information and/or documentation on each Program participant served by the
Program demonstrating such participant's eligibility for services provided:
a. Participant's name, address, annual income level or other basis for determining
income eligibility, and family size of participant's household
b. Source documentation used for income verification shall be the same source
documentation required under HUD's Section 8 program in 24 CFR Part 5,
including but not limited to pay check stubs, food stamp award letters, income tax
returns, SSI award letters, letters awarding unemployment benefits, W2s and the
like.
c. Proof that evaluation and certification of the eligibility of Program participants
receiving rental assistance has been performed once every three (3) months.
d. City shall have the final determination, in its sole discretion, as to whether source
documentation used for income verification is adequate and whether the proof of
eligibility evaluation and certification is sufficient.
iii. For any rental assistance granted by Contractor to a Program participant,
documentation of the following requirements shall be maintained by Contractor:
a. Rental assistance paid does not exceed actual rental cost.
b. Rental cost is in compliance with HUD's standard of ' rent reasonableness."
'Rent reasonableness" means that the total rent charged for a unit must be
reasonable in relation to the rents being charged during the same time period for
comparable units in the private unassisted market and must not be in excess of
rents being charged by the owner during the same time period for comparable
non -luxury unassisted units.
c. Rental assistance paid does not cover the same time period and is not for the same
cost types that are being provided through another federal, state or local housing
subsidy program.
d. Habitability standards as required in the HUD Notice (as hereinafter defined)
have been and are being met.
iv. For HPRP Funds used to pay security deposits, including utility deposits, Contractor
will document that the deposits do not cover the same cost types as another housing
subsidy program.
v. For HPRP Funds used for utility payments, Contractor shall document the following:
a HPRP Funds were used for no more than eighteen (18) months of utility payments,
including up to six (6) months of utility payments in arrears; and
b. The Program participant or a member of his/her household has an account in
his/her name with a utility company or proof of responsibility to make utility
payments, such as cancelled checks or receipts in his/her name from a utility
company.
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vi. For HPRP Funds used for moving cost assistance, Contractor shall document that
the IIPRP Funds were used for reasonable moving costs, such as truck rental,
hiring a moving company, or short-term storage fees for a maximum of three (3)
months or until the Program participant is in housing, whichever is shorter.
vii. For HPRP Funds used for motel and hotel vouchers, Contractor shall document
that the voucher was for no more than thirty (30) days and that the voucher was
reasonable and appropriate due to (1) the lack of appropriate available shelter beds
and (2) unavailable but identified rental housing for the Program participant.
e. Contractor shall participate in a local Continuum of Care s Homeless Management
Information System ("HMIS") to ensure that the Program meets the Federal goal that
localities collect an array of unduplicated data on the number and characteristics of
homeless persons. Continuums of Care are local bodies that plan for and coordinate
homeless services. HUD's standards for participation in a local HMIS are set forth in the
Federal Register, July 30, 2004. The local Continuum of Care is Fort
Worth/Arlington/Tarrant County CoC (TX-601) Contractor shall submit documentation
to the City for such participation on quarterly basis in the form of an HMIS quarterly
report.
5. Reversion of Assets
a. All property purchased with HPRP Funds under this Contract will be used solely for
operation of the Program. Contractor agrees to obtain City approval prior to purchase of
property and Contractor agrees to notify City upon receipt of property so that it may be
properly tagged and inventoried. Title to such property will be vested in City, and
Contractor will deliver all such property to City for disposition at City's sole discretion at
the termination of the Program.
6. Applicable Laws
a Federal
Contractor agrees to comply with the following laws and the applicable regulations as
they are currently written or are hereafter amended during performance of this Contract:
• Title I of the Housing and Community Development Act of 1974 (42 USC 5301 et
seq.)
• The Recovery Act
• HUD Notice of Allocations, Applications Procedures, and Requirements for
Homelessness Prevention and Rapid Re -Housing Program Grantees under the
American Recovery Reinvestment Act of 2009, FR-5307-N-1 ("HUD Notice")
• Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(42 USC 4601 et seq.) and its related regulations at 49 CFR Part 24
• Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.)
• Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.)
• Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq ), as amended by
the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et
seq.) and implementing regulations at 24 CFR part 35, subparts A, B, M, and R
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• Unifoiui Administrative Requirements of 24 CFR part 85
• McKinney-Vento Homeless Assistance Act (42 USC 11302)
• Executive Orders 11063, 11246, as amended by Executive Orders 11375 and 12086
and as supplemented by 41 CFR Part 60
• The Age Discrimination in Employment Act of 1967 (29 USC 621)
• The Age Discrimination Act of 1975 (42 USC 6101 et seq.)
• Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part
8 where applicable
• The Americans with Disabilities Act of 1990 (42 USC 12101)
• National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq.
(` NEPA") and the related authorities listed 24 CFR Part 58
• lhe Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of 1977,
as amended (33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part 15,
as amended from time to time, and Executive Order 11738 In no event shall any
amount of the assistance provided under this Contract be utilized with respect to a
facility that has given rise to a conviction under the Clean Air Act or the Clean Water
Act
• The Immigration Reform and Control Act of 1986 (8 USC 1101 et seq), specifically
including the provisions requiring employer verification of the legal status of its
employees
• The Housing and Community Development Act of 1987 (42 USC 5301 et seq.)
• The Americans with Disabilities Act of 1990 (42 USC 12101 et seq.)
• Drug Free Workplace Act of 1988 (41 USC 701 et seq.), 24 CFR Part 21, and 24 CFR
Part 23, Subpart F
• Regulations at 24 CFR Part 87 related to lobbying, including the requirement that
certifications and disclosures be obtained from all covered persons
• Executive Order 12549 and 24 CFR Part 5 105 (c) pertaining to restrictions on
participation by ineligible, debarred, or suspended persons or entities
• Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act
• Guidelines of the Environmental Protection Agency at 40 CFR Part 247
• Mandatory standards and policies relating to energy efficiency which are contained in
the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94A 163, 89 Stat. 871)
• For contracts and subgrants for construction or repair, Copeland "Anti -Kickback" Act
(18 U.S.C. 874) as supplemented in 29 CFR Part 3
• For construction contracts in excess of $2,000 awarded by Contractor when required
by Federal grant program legislation, Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as
supplemented in 29 CFR Part 5
• For construction contracts awarded by Contractor in excess of $2,000, and in excess
of $2,500 for other contracts which involve the employment of mechanics or laborers,
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 327A 330) as supplemented by 29 CFR Part 5.
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b. Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC
1701u et seq.) and its related regulations at 24 CFR Part 135
If the work to be performed under this Contract is on a project assisted under a program
providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38
("Section 3") requires that the following clause be inserted in all covered contracts
("Section 3 Clause"):
"A. The work to be performed under this contract is subject to the requirements of section
3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u
(section 3). The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD -assisted projects
covered by Section 3, shall, to the greatest extent feasible, be directed to low- and
very low-income persons, particularly persons who are recipients of HUD assistance
for housing.
B. The Parties to this contract agree to comply with HUD's regulations in 24 CFR Part
135, which implement Section 3. As evidenced by their execution of this contract,
the Parties to this contract certify that they are under no contractual or other
impediment that would prevent them from complying with the Part 135 regulations
C. The contractor agrees to send to each labor organization or representative of workers
with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers'
representative of the contractor's commitments under this section 3 clause, and will
post copies of the notice in conspicuous places at the work site where both employees
and applicants for training and employment positions can see the notice. The notice
shall describe the Section 3 preference, shall set forth minimum number and job titles
subject to hire availability of apprenticeship and training positions, the qualifications
for each; and the name and location of the person(s) taking applications for each of
the positions and the anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR Part 135, and agrees to take appropriate
action, as provided in an applicable provision of the subcontract or in this Section 3
clause, upon a finding that the subcontractor is in violation of the regulations in 24
CFR Part 135. The contractor will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor has been found in violation
of the regulations in 24 CFR Part 135.
E The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR
Part 135 require employment opportunities to be directed, were not filled to
circumvent the contractor s obligations under 24 CFR Part 135.
F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,
teuuination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing
assistance, section 7(b) of the Indian Self -Determination and Education Assistance
Act (25 U.S.0 450e) also applies to the work to be performed under this contract
Section 7(b) requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians, and (ii)
preference in the award of contracts and subcontracts shall be given to Indian
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organizations and Indian -owned Economic Fi'nterprises. Parties to this contract that
are subject to the provisions of section 3 and section 7(b) agree to comply with
Section 3 to the maximum extent feasible, but not in derogation of compliance with
section 7(b).'
City and Contractor understand and agree that compliance with the provisions of Section
3, the regulations set forth in 24 CFR Part 135 and all applicable rules and orders of HUD
shall be a condition of the Federal financial assistance provided to the Program, binding upon
City and Contractor, and their respective successors, assigns and subcontractors. Failure to
fulfill these requirements shall subject Contractor and its subcontractors, and their respective
successors and assigns, to those sanctions specified by the Grant Agreement through which
Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135.
c. Other Laws
Contractor covenants and agrees that its officers, members, agents, employees, Program
participants and subcontractors shall abide by and comply with all other laws, Federal,
state and local, relevant to the performance of this Contract, including all applicable City
ordinances. Contractor further promises and agrees that it has read, and is familiar with,
the terms and conditions of the HUD Notice and that it will fully comply with it. It is
agreed and understood that, if City notifies Contractor of any such violation on the part of
Contractor or any of its officers members agents, employees, Program participants or
subcontractors, then Contractor shall immediately desist from and correct such violation.
7. Nondiscrimination
a. Contractor will not unlawfully discriminate against any person or persons because of sex,
race religion, age, disability color, national origin, or familial status, nor will Contractor
permit its officers, members agents, employees, subcontractors or Program participants
to engage in such discrimination
b. Contractor covenants that neither it nor any of its officers, members, agents, employees,
Program participants or subcontractors, while engaged in performing this Contract shall,
in connection with the employment, advancement or discharge of employees or in
connection with the terms, conditions or privileges of their employment discriminate
against persons because of their age except on the basis of bona fide occupational
qualification, retirement plan or statutory requirement.
c. Contractor further covenants that neither it nor its officers, members, agents employees,
subcontractors, Program participants or persons acting on their behalf, shall specify, in
solicitations or advertisements for employees to work on this Contract, a maximum age
limit for such employment unless the specified maximum age limit is based upon a bona
fide occupational qualification, retirement plan or statutory requirement.
d. In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA") Contractor warrants that it and any and all of its subcontractors will not
unlawfully discriminate on the basis of disability in the provision of services to the
general public, nor in the availability terms and/or conditions of employment for
applicants for employment with Contractor, or employees of Contractor or any of its
subcontractors. Contractor warrants it will fully comply with ADA's provisions and
any other applicable Federal, state and local laws concerning disability and will
defend, indemnify and hold City harmless against any claims or allegations asserted
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by third parties or subcontractors against City arising out of Contractor's and/or its
subcontractors' alleged failure to comply with the above -referenced laws concerning
disability discrimination in the performance of this Contract.
e. This Contract is made and entered into with reference specifically to the ordinances
codified at Chapter 17, Article III, Division 3 `Discrimination in Employment Practices",
of the City Code, and Contractor hereby covenants and agrees that Contractor, its
officers, members, agents, employees and subcontractors, have fully complied with all
provisions of same and that no employee, employee -applicant or Program participant has
been discriminated against by the terms of such ordinances by either the Contractor or its
officers, members, agents, employees or subcontractors.
f. Contractor shall comply with all applicable fair housing and civil rights requirements in
24 CFR 5.105(a). Contractor shall make it known to the public that HPRP rental
assistance and services are available to all on a nondiscriminatory basis and shall ensure
that all citizens have equal access to information about HPRP and equal access to the
financial assistance and services provided under the Program. Contractor has a duty to
affirmatively further fair housing opportunities for classes protected under the Fair
Housing Act, which protected classes include race, color, national origin, religion, sex,
disability and familial status
g. City shall not discriminate against Contractor on the basis of the organization's religious
character or affiliation, if applicable If Contractor is a religious organization, Contractor
shall not engage in inherently religious activities as part of the Program, though
Contractor may engage in such activities if they are offered separately, in time or
location from the Program and participation must be voluntary for Program participants.
Contractor, if it is a faith -based organization, may use space in its facilities to provide
HPRP-fimded services, without removing religious art, icons, scriptures, or other
religious symbols. Contractor shall not, in providing Ptogram assistance, discriminate
against a Program participant or prospective Program participant on the basis of religion
or religious belief.
8. Prohibition Against Interest
a. No member, officer or employee of City or its designees or agents; no member of the
governing body of the locality in which the Program is situated; and no other public
official of such locality or localities, who exercises any functions or responsibilities with
respect to the Program funded hereunder during his or her tenure or for one year
thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the
proceeds thereof, for work to be perfoiined hereunder. Contractor shall incorporate, or
cause to be incorporated like language prohibiting such interest in all contracts and
subcontracts entered into in connection with the Program.
b. No member, officer employee, or Program participant of Contractor or its subcontractors
shall have a financial interest, direct or indirect, in this Contract or the HPRP Funds
transferred hereunder or be financially interested, directly or indirectly, in the sale to
Contractor of any land, materials, supplies or services purchased with any HPRP Funds
transferred hereunder, except on behalf of Contractor, as an officer, employee member or
Program participant. Any willful violation of this paragraph with the expressed or
implied knowledge of Contractor or its subcontractors shall render this Contract voidable
by City.
HPRP CONTRACT
Catholic Charities
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9. Minority and Women Business Enterprise Commitment
Contractor agrees to abide by City's policy to involve Minority and Women Business
Enterprises (`MWBEs") in all phases of its procurement practices and to provide them an
equal opportunity to compete for contracts for construction, provision of professional
services purchase of equipment and supplies and provision of other services required by
City. Contractor agrees to incorporate City Ordinance No. 15530 and all amendments or
successor policies thereto, into all contracts and will further require all persons or entities
with whom it contracts to comply with said MWBEs policy.
10. Non -Assignment
No assignment or delegation of duties under this Contract by Contractor shall be effective
without City's prior written approval If City approves any such assignment or delegation of
duties, Contractor shall ensure that all requirements of this Contract are enforced and
maintained by any subcontractor or assignee by means of a currently executed written
agreement covering the Contract term, a copy of which shall be made available to the City.
11. Independent Contractor
a. Contractor shall operate hereunder as an independent contractor and not as an officer,
agent, servant or employee of City Contractor shall have exclusive control of, and the
exclusive right to control, the details of the work and services performed hereunder, and
all persons performing same, and shall be solely responsible for the acts and omissions of
its officers, members, agents, servants, employees, subcontractors, Program participants,
licensees or invitees. The doctrine of respondeat superior shall not apply as between City
and Contractor, its officers, members, agents, servants, employees, subcontractors,
Program participants, licensees or invitees, and nothing herein shall be construed as
creating a partnership or joint enterprise between City and Contractor. It is expressly
understood and agreed that no officer, member, agent, employee, subcontractor, licensee
or invitee of the Contractor, nor any Program participant hereunder, is in the paid service
of City and that City does not have the legal right to control the details of the tasks
performed hereunder by Contractor its officers, members agents, employees,
subcontractors, Program participants, licensees or invitees.
b. City shall in no way nor under any circumstances be responsible for any property
belonging to Contractor, its officers, members, agents, employees, subcontractors,
Program participants, licensees or invitees, which may be lost, stolen, destroyed or in any
way damaged; and Contractor hereby indemnifies and holds harmless City and its
officers, agents, and employees from and against any and all claims or suits.
12. Indemnification, Insurance and Bonding
a. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
HPRP CONTRACT
Catholic Charities
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PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE
EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR
NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS,
ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN,
WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY; AND CONTRACTOR
HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND
ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR
PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF
WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE
OF THIS CONTRACT AND AGREEMENT AND/OR THE OPERATIONS,
ACTIVITIES AND SERVICES OF THE PROGRAMS DESCRIBED HEREIN,
WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY. CONTRACTOR
LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY
AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY,
DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR
IN CONNECTION WITH ALL ACTS OR OMISSIONS OF CONTRACTOR, ITS
OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS,
INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS, OR CAUSED, IN
WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF
CITY.
CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO
PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH,
DAMAGE OR LOSS IS CAUSED BY THE CITY'S SOLE OR CONCURRENT
NEGLIGENCE.
CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO
INCLUDE IN THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN
FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE.
b. Contractor will maintain blanket fidelity coverage in the form of a bond in the amount of
$100,000.00 to insure against loss from the fraud theft or dishonesty of any of
Contractor's officers, agents, trustees, directors or employees. The proceeds of such bond
shall be used to reimburse City for any and all loss of HPRP Funds occasioned by such
misconduct. To effectuate such reimbursement such bond shall include a rider stating
HPRP CONTRACT
Catholic Charities
Prevention
Page 13
that reimbursement for any loss or losses thereunder shall be made directly to City for the
uses and benefit of Contractor.
c. Contractor shall furnish certificates of insurance as proof that it has secured and paid for
policies of workers' compensation, public liability and automobile liability insurance
covering all risks incident to or to connection with the execution, performance, attempted
performance or nonperformance of this Contract. The amounts of such insurance shall
not be less than the maximum liability that can be imposed on City under the laws of the
State of Texas. Contractor understands and agrees that such insurance amounts may be
revised upward at City's option and that Contractor shall revise such amounts within
thirty (30) days following notice to Contractor of such requirements.
d. Contractor will submit documentation to City that it has obtained insurance coverage and
has executed bonds as required in this contract within thirty (30) days of the execution of
this Contract and prior to payment of any monies hereunder.
e. Any failure on part of the City to request certificate(s) of insurance shall not be construed
as a waiver of such requirement or as a waiver of the insurance requirements themselves.
Issuers of Contractor insurance policies shall be licensed to do business in the State of
Texas by the Department of Insurance or be otherwise eligible and authorized to business
in the State of Texas. Insurers shall be acceptable to City insofar as their financial
strength and solvency and each such company shall have a current minimum A.M. Best
Key Rating Guide rating of A: VII or other equivalent insurance industry standard rating
unless otherwise approved by City. Deductible limits on insurance policies shall not
exceed $5,000 per occurrence unless otherwise approved by City.
f. Any local, federal or other regulatory insurance or bonding requirements for the Program
that exceed those specified herein shall prevail.
g. Contractor shall agree to require its subcontractors to maintain applicable insurance
coverages, limits, and other requirements as those specified herein; and Contractor shall
require its subcontractors to provide Contractor with certificate(s) of insurance
documenting such coverage. Also, Contractor shall require its subcontractors to have
City and Contractor endorsed as additional insured (as their interests may appear) on their
respective insurance policies. Contractor shall require its subcontractors to maintain
builders risk insurance at the limit of applicable project(s) costs when the value of
materials involved exceeds $10,000 or at a different limit value limit as specified by City.
13. Waiver of Immunity
If Contractor is a charitable or nonprofit organization and has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury, including
death to persons or property, Contractor hereby expressly waives its rights to plead
defensively such immunity or exemption as against City This section shall not be construed
to affect a governmental entity's immunities under constitutional, statutory or common law.
14. Remedies for Breach of Contract
Upon identification of possible breaches of contract, and prior to exercising its termination
rights under this Contract, City may elect to exercise any of the following administrative
remedies:
HPRP CONTRACT
Catholic Charities
Prevention
Page 14
a. issuance of a warning letter indicating that further failure to comply with applicable
requirements will result in serious sanction and giving Contractor a limited time to correct
the deficiency;
b. placing conditions upon award of future grants;
c. directing Contractor to stop incurring costs until the deficiency is corrected and the
correction is verified;
d. requiring repayment of previously reimbursed grant funds; or
e. reducing the amount of pending grant awards or disallowing future awards to Contractor.
The City's election to exercise any, all, or none of the aforementioned administrative
remedies does not act as a waiver of any of City's other rights or remedies under the law or
this Contract for the enforcement of this Contract or the recovery of any damages relating to
Contractor's actions or inactions relating to the Program, HPRP Funds, and/or this Contract.
15. Termination
a. In addition to, and not in substitution for, other provisions of this Contract regarding the
provision of public services with HPRP Funds, it is expressly understood and agreed by
and between the Parties that this Contract is wholly conditioned upon the actual receipt
by City of HPRP funds that all monies distributed to Contractor hereunder shall be
exclusively from Federal monies received under said grant and not from any other
monies of City and that if such funds under City's grant are not timely forthcoming in
whole or in part, City may, at its sole discretion, terminate this Contract and City shall not
be liable for payment for any work or services performed by Contractor under or in
connection with this Contract.
b. City may terminate this Contract whenever such termination is determined to be in City's
best interest in event of Contractor's default, inability or failure t0 perfoi it or to comply
with any of the terms herein, or, for other good cause, subject to Section 14 above.
c. HPRP Funds provided hereunder may not be used as collateral for loans to Contractor to
defray of Contractor's operation expenses, and any attempted use of HPRP Funds for this
purpose will result in termination of this Contract by City
d. Termination will be effected by written notice to Contractor, specifying the portions of
the Contract affected and the effective date of termination. Upon Contractor's receipt of
such termination notice, Contractor will:
• Stop work under the Contract on the date and to the extent specified by City;
• Cease expenditures for which reimbursement of HPRP Funds would be sought under
this Contract, except as necessary for completion of the portions of the Contract not
terminated; and
• Terminate all orders and contracts to the extent that they relate to portions of the
Contract being terminated.
Contractor shall be reimbursed for valid, eligible expenditures for the Program made
prior to the termination of this Contract.
e. Contractor will return to City any unused HPRP Funds previously advanced by City
under this Contract within thirty (30) days of the effective date of Contract termination.
City will have no responsibility or liability for Contractor's expenditures or actions
occurring after the effective date of Contract termination.
16. Certification Regarding Lobbying
HPRP CONTRACT
Catholic Charities
Prevention
Page 15
a. The undersigned representative of Contractor hereby certifies, to the best of his or her
knowledge and belief, that No federal appropriated funds have been paid or will be paid,
by or on behalf of Contractor, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or employee of
Congress or an employee of a member of Congress in connection with the awarding of
any Federal contract the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan or cooperative
agreement. Contractor shall require that the language of this certification be included in
all subcontracts or agreements involving the expenditure of Federal funds.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with this Federal contract, grant, loan or cooperative agreement,
Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
c. This certification is a material representation of fact upon which reliance was placed
when this Contract was made or entered into. Submission of this certificate is a
prerequisite for making or entering into this Contract, imposed by 31 USC Section 1352.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000.00 and not more than $100,000.00 for each such failure
17. Miscellaneous Provisions
a. Contractor shall develop and implement procedures to ensure (1) the confidentiality of
records pertaining to any individual provided with assistance; and (2) that the address or
location of any assisted housing will not be made public, except to the extent that this
prohibition contradicts the Texas Open Records Act.
b. All terms of this Contract shall apply to any and all subcontractors of Contractor who are
in any way paid with HPRP Funds or who perform any work in connection with
Contractor's Program.
c. The provisions of this Contract are severable, and, if for any reason a clause, sentence,
paragraph or other part of this Contract shall be determined to be invalid by a court or
Federal or state agency, board or commission having jurisdiction over the subject matter
thereof such invalidity shall not affect other provisions which can be given effect without
the invalid provision.
d. City's failure to insist upon the performance of any term or provision of this Contract or
to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of City's right to assert or rely upon any such term or right
on any future occasion.
e. Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or nonperformance of this Contract, venue for
action shall he in Tarrant County, Texas.
f. This written instrument and the exhibits attached hereto, which are incorporated by
reference and made a part of this Contract for all purposes constitute the entire
agreement between the Parties concerning the work and services to be performed
hereunder, and any pnor or contemporaneous, oral or written agreement which purports
HPRP CONTRACT
Catholic Charities
Prevention
Page 16
to vary from the tenns hereof shall be void. Any amendments to the terms of this
Contract must be in writing and must be approved by each Party.
g. All notices required or permitted by this Contract must be in writing and are deemed
delivered on the earlier of the date actually received or the third day following (i) deposit
in a United States Postal Service post office or receptacle; (ii) with proper postage
(certified mail, return receipt requested); and (iii) addressed to the other Party at the
address set out in the preamble of this Contract or at such other address as the receiving
Party designates by proper notice to the sending Party.
h. None of the performance rendered under this Contract shall involve, and no portion of the
HPRP Funds received hereunder shall be used, directly or indirectly, for the construction,
operations, maintenance or administration of any sectarian or religious facility or activity,
nor shall said performance rendered or funds received be utilized so as to benefit, directly
or indirectly, any such sectarian or religious facility or activity.
i. Contractor represents that it possesses the legal authority, pursuant to any proper,
appropriate and official motion, resolution or action passed or taken, to enter into this
Contract and to perform the responsibilities herein required.
J. Contractor certifies that it has obtained a 501 (c) (3) Certificate from the Internal
Revenue Service. Contractor shall notify City in writing of any changes to its 501 (c) (3)
tax-exempt status during the term of this Contract.
k. In the event any copyright arises with respect to any data or other copyrightable work
developed in the course of or under this Contract, Contractor shall notify City of the
copyright and the copyright shall be assigned to City.
1. In the event a patentable invention is created as part of this Contract and a patent is
obtained, Contractor shall notify City of the patent and the patent shall be assigned to
City.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
HPRP CONTRACT
Catholic Charities
Prevention
Page 17
IN WITNESS WHEREOF, the Parties hereto have executed four copies of this Contract in
Fort Worth, Tarrant County, Texas, this aleili day of , 20
CITY OF FORT WORTH
By: a�i
Fernando Costa
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
iean 1 1#111/14
ity Attorney
ATTEST:
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By:
Name: e . er j rfiolds
Title: President/Chief Executive Officer
ITIES DIOCESE OF
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HPRP CONTRACT
Catholic Charities
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OFFICIAL RECORD
CITY SECRETARY
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Prevention
Page 18
Exhibit A
HPRP PROGRAM ACTIVITIES AND REOUIREMENTS:
Reauirements for All Prosram Participants
1. Any individual or family provided with financial assistance through HPRP must have at least
an initial consultation with a case manager or other authorized representative who can
determine the appropriate type of assistance to meet their needs;
2 The household must be at or below fifty (50%) AMI;
3. The household must be either homeless or at risk of losing its housing and meet both of the
following circumstances; (1) no appropriate subsequent housing option have been identified;
AND (2) the household lacks the financial resources and support networks needed to obtain
immediate housing or remain in its existing housing.
Prevention
1. To provide homelessness prevention assistance to households who would otherwise become
homeless -many due to the economic crisis.
2 Ehgible households are defined as individuals and families who are currently in housing but
are at risk of becoming homeless and need temporary rent or utility assistance to prevent
them from becoming homeless or assistance to move to another unit.
Prevention Grantees must assess and document a household would be homeless
(by HUD's defnition) but for this assistance in order to qualify for
HPRP Prevention. In addition, the grantee must show household is
income eligible; has no appropriate subsequent housing options
identified; and lacks the financial resources and support networks
needed to obtain immediate housing or remain in its existing
housing.
Acceptable Documentation: See pgs. 8 — 11 of HUD Guidance for
important details
http: / /www.hudhre info/documents /HPRP HousincStatusRegs.pdf
Examples include:
• Eviction Notice/Letter from landlord • Eviction
Notice/Letter from host
• Foreclosure Notice family/friend
• Utility shut-off notice • Notice of
Condemnation for property
• Letter from hospital or other institution
Self -Certification Form (If third -party unavailable) found at
http://www.hudhre.info/documents/HPRP I-IousinwStatusTemplate.doc
HPRP CONTRACT
Catholic Charities
Prevention
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A
B
C
D
E
F
G
H
I
J
K
L
M
N
0
HP
Cath
Living Situation
Eviction within 2 weeks from a
private dwelling (including housing
provided by family or friends)
Discharged within 2 weeks from an
institution in which the person has
been a resident for more than 180
days (including prisons, mental
health institutions, hospitals)
Residency in housing that has been
condemned by housing officials and
is no longer meant for human
habitation
Sudden and significant loss of
income
Sudden and significant increase in
utility costs
Mental health and substance abuse
issues
Physical disabilities and other
chronic health issues, including
HIV/AIDS
Severe housing cost burden (greater
than 50 percent of income for
housing costs)
Homeless in last 12 months
Young head of household (under 25
with children or pregnant)
Current or past involvement with
child welfare, including foster care
Pending foreclosure of rental housing
Extremely low income (less than 30
percent of Area Median Income)
High overcrowding (the number of
persons exceeds health and/or safety
standards for the housing unit size)
Past institutional care (pnson,
treatment facility, hospital)
Recent traumatic life event, such as
Siftatspouse or primary care
g{>giy, or recent health crisis that
prevented the household from
meeting its financial responsibilities
Docutnentation Required (Two sources required)
- Letter from Case Manager with documentation of the
following:
• Income, and
• Efforts to obtain housing, and
• Why, without this assistance, the participant would be
on the street; and
- Copy eviction notice or eviction court order.
- If living with family or friends, lease must name host
family/friend as leaseholder.
Written verification (signed, dated, and on agency letterhead)
from the discharging institution's staff that the participant has
been residing in the institution for 180 days or more and that the
institution was unable to find housing other than emergency
shelter for the applicant.
Copy of notice from landlord/property manager or a
government entity that housing has been condemned
Income verification and check stubs from past 30 days
Past and current utility bills demonstrating increase. Additional
documentation may include utility shut-off notices.
Written statement from a qualified medical professional that
identifies mental health and substance abuse issues
Written statement from a qualified medical professional that
identifies chronic health issues
Income verification and copy of lease showing monthly rental
expenses
Staff should prepare written information obtained from an
identified third party regarding the participant's recent
whereabouts. Statement MUST be signed and dated.
Client Intake
Written statement from child welfare agency that identifies
current or past involvement
Copy of notice from landlord, court, or other public record
indicating residence is being foreclosed upon
Income verification and check stubs from past 30 days
Written documentation of home visit conducted by case
manager and copy of lease showing authorized occupants
Written verification (signed, dated, and on agency letterhead)
from the discharging institution's staff that the participant has
been residing in the institution
Letter from Case Manager that details recent traumatic life
event and written verification of event
Prevention
Page 20
Q
obtaining of housing
Significant amount of medical debt
Recent medical receipts
3. Eligible Activities:
a. Financial Assistance;
i. Short-term rental assistance for a period of up to 3 months. Tenant -based
rental assistance can be used to allow individuals and families to remain in
their existing rental units or to help them obtain and remain in rental units
they select.
ii Medium -term rental assistance for a period of 4 18 months. Up to 6 months
of rental arrears may be paid for program participants if the payment enables
the program participant to remain in the housing unit for which the arrears
are being paid or move to another unit.
iii. Sec irity deposits.
iv. Utility deposits.
v. Utility payments.
vi. Moving cost assistance
vii Motel and hotel vouchers
Income Fligible &
Verification
HPRP CONTRACT
Catholic Charities
Eligibility: Was the household's income calculated using the HUD
HPRP Income Calculation Guidelines (see HPRP
Income Calculation Worksheet)?
Verification* See HUD Guidance for important details:
http: / /www.hudhre info /documents /hprp IncomeDocRegs.ndf
In order of preference by HUD
Written third Party — verification in writing from a third party (e.g.
individual employer, Social Security Administration, welfare office,
etc.) either directly to HPRP staff or via the applicant.
Oral Third Party — verification from a third party (e.g. individual
employer Social
Security Administration, welfare office, etc.) provided by the third
party over the
telephone or in -person directly to HPRP staff.
Applicant Self -Declaration — an affidavit of income as reported by the
household.
HPRP staff should document an applicant's self -declaration and
retain documentation in the HPRP participant file, per the
requirements in the table below.
By Service Type
For Emergency or Short -Term. Assistance: Staff attempted to
obtain written or oral third party verification. If higher level
documentation was not available, applicant self -declaration
(affidavit) was obtained prior to providing assistance.
Prevention
Page 21
Initial Assessment &
Case Mgmt. Meeting
(Date, Staff)
Certify Ehgibility Every
3 months (include dates)
Case Notes
fype(s), Dates &
Eligibility of Financial
Assistance Provided
No other assistance
provided (by Fed State,
Local Hsg Subsidy) for
same cost type/time
frame as HPRP
Executed Leases
Rent Reasonableness
HPRP CONTRACT
Catholic Charities
For Medium -Term Rental Assistance: Before providing ongoing
assistance (beyond three months) staff attempted to obtain written
third party verification. If higher level verification was not
available, oral third party verification was obtained and
documented prior to providing assistance. Applicant self:
declaration (affidavit) is only used as a last resort in rare
circumstances.
Does documentation show household met at least once with a case
manager or appropriate staff person to assess their needs, develop
a plan, and determine an appropriate level of HPRP assistance?
This can part of, or separate from, the intake and eligibility
determination process.
For households receiving more than three months of HPRP
assistance, does documentation show that a case manager or
appropriate staff person recertified the household for eligibility to
receive additional HPRP assistance)
Were case notes adequate to show that supportive services were
provided to each household as described in the case plan? What
was the frequency of client contact?
Does the client file clearly document the type(s) and duration of
financial assistance provided to the household? Are all types and
length of all financial assistance provided eligible and appropriate
under HPRP regulations (less than 18 mos., third -party only)?
Did the agency staff make a reasonable effort to verify that the
participant is not receiving Section 8, FHPAP or similar housing
subsidies for the same cost type and time -frame as HPRP
assistance? (The client portion of rent arrears for subsidized
housing is allowable when a time lag occurred between loss of
income and recalculation of rent)
For households receiving HPRP rental or security deposit
assistance, does the client file contain a copy of a legal lease
including the participant's name? For utility assistance or deposits,
does the client file contain proof that the program participant (or a
member of his/her household) has responsibility to make utility
payments (such as cancelled checks or receipts in his/her name
from a utihty company)?
Does the client file contain evidence that the rental assistance paid
(including rent arrears and security deposit) is in compliance with
HUD's standard of "rent reasonableness?"
• Rent reasonableness means that the total rent charged for a
unit must be reasonable in relation to the rents being charged
during the same time period for comparable units in the private
unassisted market and must not be in excess of rents being
charged by the owner during the same time period for
comparable non -luxury unassisted units (units not receiving a
housing subsidy).
Prevention
Page 22
Habitability Inspection
Assisted Property Not
Owned by Grantee, Sub -
grantee, Parent,
Subsidiary or Affiliate
Oiganization
Lead -Based Paint
Compliance?
Staff Certification
Terminations
HPRP CONTRACT
Catholic Charities
• In making this determination, did the grantee or subgrantee
consider
o the location, quality, size, type, and age of the unit;
o any amenities housing services, maintenance and
utilities to be provided by the owner.
• Comparable rents can be checked by using a
o market study
o reviewing comparable units advertised for rent, or
o with a note from the property owner verifying the
comparability of charged rents to other units owned
(for example, the landlord would document the rents
paid in other units).
Applies to any client receiving financial assistance for re -housing
• Is the Habitability Checklist present in the file?
http://www.hudhre.info/documents/HabitStandarcisChecklist.doc
• Did the unit meet the Habitability standard?
Was the inspection conducted before assistance was
provided?
Using a list of properties provided by the grantee, verify that the
HPRP-assisted properties were not owned by the grantee or its
sub -grantees, parent, subsidiary or affiliate organizations
•
Does the client file contain a Lead Screening Worksheet that:
• Determines whether the unit is subject to a visual
assessment (and provides evidence of any exemption, such
as property tax record, etc)?
• If subject to visual assessment, did the assessment occur
prior to the provision of HPRP assistance
• Did the unit pass or were problems identified?
• If deteriorated paint was identified, were
o de minimus areas repaired prior to the provision of
HPRP assistance?
o problem areas greater than de minimum repaired
following safe work practices (and a clearance exam
passed) prior to the provision of HPRP assistance?
See HUD Guidance for important details:
httn*//www.hudhre.infoidocuments/HPRP LeadPaintGuidance.udf
Is the HUD HPRP Staff Certification present and signed in each
file? Note staff person and date. Staff Certification form available
at:
http://www.hudhresinfo/documents/HPRP_StaffCertification.pdf
Households terminated from housing assistance for program
violations, receive formal due process including: (1) written notice
with clear reasons for termination, (2) an opportunity for a review
Prevention
Page 23
of the decision with the change to object before someone other
than who made the original decision, and (3) prompt written
notice of the final decision. Examples of Documents that May Be Needed:
termination policy, written notice, client objection, written rural notice.
b. Stabilization Services:
i. Case management: arrangement, coordination, monitoring, and delivery of
services related to meeting the housing needs of program participants and
helping them obtain housing stability. Activities may include: counseling;
developing, securing and coordinating services; monitoring and evaluating
program participant progress; assuring that program participants' rights are
protected; and developing an individualized housing and service plan,
including a path to permanent housing stability subsequent to HPRP
financial assistance.
ii. Outreach and engagement: designed to publicize the availability of programs
to make persons who are homeless or alrnost homeless aware of these and
other available services and programs.
iii Housing search and placement: services or activities designed to assist
individuals or families in locating, obtaining, and retaining suitable housing.
Activities may include: tenant counseling; assisting individuals and families to
understand leases; securing utilities; making moving arrangements;
representative payee services concerning rent and utilities; and mediation and
outreach to property owners related to locating or retaining housing.
HPRP CONTRACT
Catholic Charities
Prevention
Page 24
Additional Responsibilities of Agency:
1. No program participant may receive more than 18 months of assistance under HPRP.
2. To determine Area Median Income, agency will use HUD's Section 8 income eligibility
standards for HPRP.
3. Agency must certify eligibility at least once every 3 months for all program participants
receiving medium -term rental assistance
4. All program participants must be encouraged to participate in case management provided by
the agency.
5. Agency must not make payments directly to program participants, but only to third parties,
such as landlords or utility companies.
6. An assisted property may not be owned by the agency or the parent, subsidiary or affiliated
organization of the agency.
7. Agency determines the amount of short-term and medium -term rental assistance provided,
such as "shallow subsidies ' (payment of a portion of the rent), payment of 100% of the rent
charged, or graduated/declining subsidies. This determination process should be
documented and consistently applied.
8. Agency may set a maximum amount of assistance that is more stringent than HPRP federal
guidelines (ex. Maximum of 6 months of assistance instead of 18 months )
9. Agency may require program participants to share in the costs of rent, utilities, security and
utility deposits, moving, hotel or motel, and other expenses as a condition of receiving
HPRP financial assistance. Written procedures must document determination process.
10. If HPRP funds are used to pay rental arrears, arrears tnust be included in determining the
total period of the program participant's rental assistance, which may not exceed 18 months.
11. Rental assistance paid cannot exceed the actual rental costs, which must be in compliance
with HUD's standard of "rent reasonableness, which means that the total charged for a unit
must be in relation to the rents being charged during the same time period for comparable
units in the private unassisted market and must not be in excess of rents being charged by
the owner during the same period of time for comparable non -luxury unassisted units.
Current Fair Market Rent and Utility Allowances must be used.
12. Rental assistance payments cannot be made on behalf of eligible individuals or families for
the same period of time and for the same costs types that are being provided through
another federal, state or local housing subsidy.
13. Security and utility deposits covering the same period of time in which assistance is being
provided through another housing subsidy program are eligible, as long they cover separate
cost types.
14. HPRP funds may be used for up to 18 months of utility payments, including up to 6 months
of utility payments in arrears, for each program participant, provided that the program
participant or a member of his/her household has an account in his/her name with a utility
company or proof of responsibility to make utility payments, such as cancelled checks or
receipts in his/her name from a utility company.
15. HPRP funds may be used for reasonable moving costs, such as truck rental, hiring a moving
company, or short-term storage fees for a maximum of 3 months or until the program
participant is in housing, whichever is shorter.
16. HPRP funds may be used for reasonable and appropriate motel and hotel vouchers for up to
30 days if no appropriate shelter beds are available and subsequent rental housing has been
Identified but is not immediately available for move -in by the program participants.
17. Legal services related to mortgages are not eligible.
HPRP CONTRACT
Catholic Charities
Prevention
Page 25
18. Administrative costs do not include the costs of issuing financial assistance, providing
housing relocation and stabilization services, or carrying out eligible data collection and
evaluation activities.
19. Agency shall submit monthly HMIS reports to the City of Fort Worth no later than the 5`h
day after the reporting month.
HPRP CONTRACT
Catholic Charities
Prevention
Page 26
Exhibit B
HOUSING RELOCATION AND
STABILIZATION
Salaries- Prevention
FICA- Prevention
Life Insurance- Prevention
Health Insurance- Prevention
Disability Insurance- Prevention
Unemployment -State- Prevention
Worker's Comp - Prevention
Retirement - Prevention
Salaries- ReHousing
FICA- ReHousing
Life Insurance-ReHousing
Health Insurance- ReHousing
Disability Insurance- ReHousing
Unemployment -State- ReHousing
FINANCIAL ASSISTANCE
Rental Assistance- Prevention
Rental Assistance- ReHousing
Utility Payments- Prevention
Utility Deposits- ReHousing
Moving Costs- ReHousing
Motel/Hotel Vouchers- ReHousing
Security Deposits- ReHousing
HMIS
HMIS- Prevention
HMIS- ReHousing
TOTAL HPRP CONTRACT AMOUNT
HPRP CONTRACT
Catholic Charities
Account
2001
2002
2003
2004
2005
2006
2013
2007
2008
2009
2010
2011
2012
Grant
Budget
S3,843.00
$280.00
$552.00
$19.00
$34.00
$148.00
3001 $34,574.00
3002
3003 $5,000.00
3004
3005
3006
3007
4001
4002
$550.00
$45,000.00
Prevention
Page 27
Agency:
(111/1) Oft Chankeil :frO4 tti71-6
EXHIBIT C — AUDIT CER'1TY"1CATION FORM AND AUDIT REQUIREMENTS
Fiscal Year Ending: 2-0 / 2..
During the fiscal year in which funds will be received, we will exceed the federal expenditure
threshold of $500,000. We will have our Single Audit or Program Specific Audit completed and
will submit the A-133 audit report within seven (7) months after the end of the audited fiscal year
or thirty (30) days within its completion, whichever is the earlier date.
❑ During the fiscal year in which fiords will be received, we will not exceed the $500,000 federal
expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this
fiscal year. (Fill out schedule below)
+� Fi
.ti
•,y
N 3 - r
�=. - . ;' - • - -% _ 3 t...:- . : r • :S �...7-71 __ z-m . d_r. - - --- _ - .+. _.
lt
/::i l :y •: - _' %T. _r' t •�- err ,I ��
•
i7eYj`t t'v4..-�•:-.a'-- �: i-'.i.. �LZ r i• '`.t,r...
ftilltreira
�:. �•. ?.•w -.dl . "'.v "Jr...,. •_..._ Y.'
•• :r.�t_~•'a-,•^•i;!% •v'�•v . �i, • �r� `• '•mot 1I• y�.
for
• .^_: yr••_„ L� a t"-a.ti•.•
• l t•(=/::r�i•
�. // '
iY^S
r tL.ti •f•t0 •t•_•%'4; L ';e.--.X t..2i ••'::.
"Cr
•
••.ti; :fir+:" 'ice=•::! rf.^r^ `�`: •
i ..+ its c.•t•.•i. r(•
I
1 I
Total Federal Expenditures for this Fiscal Year: 1
tecideni /CO fiSh
Date
Failure to submit this or a similar statement or failure to submit a completed single audit package as
described in the federally required audit requirements described in OMB Circulars A-133 by the
required due date may result in suspension of funding and ma y affect eligibility for future funding.
Notwithstanding the above, this certification acknowledges the agency's commitment to meet all
other financial reporting, financial statements, and other audit requirements as may be set forth
in the Contract.
HPRP CONTRACT Prevention
Catholic Charities Page 28
Attachments I, II, IIIa and IIIb
[ATTACHED]
HPRP CONTRACT
Catholic Charities
Prevention
Page 29
City,
Period
Agency:
Address:
State, Zip:
Program:
of Service:
Program
INVOICE
Catholic Charities of Fort Worth
Po Box 15610
Fort Worth, TX 76119
HPRP
Amount
This invoice Cumulative to Date
Contractor's Certification: I certify that the costs incurred are valid,
eligible, and consistent with the terms and conditions of the contract
between Agency and City By signing this invoice, I certify that to the
best of my knowledge and belief the data included in this report is true
and accurate. It is acknowledged that the provision of false information
could leave the certifying official subject to the penalties of federal, state,
and local law.
Signature and Date:
Name:
Title:
1
2
3
4
5
6
7
8
9
10
11
12
13
14 1
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
Total
Agency:
Program:
City of Fort Worth
Housing end Economic Development Department
Expenditure Worksheet
Catholic Charities of Fort Worth
HPRP
'Payton must identify employee. Rent must identify tenant. Other payments show
1
d identify individuals, if applicable.
Attachment II
Salaries- Prevention 1221
FICA -Prevention 1602
Life Insurance -Prevention 1003
Health Insurance- Prevention 1004
Disability insurance- Prevention I 1605
Unemployment -State- Prevention 1006
Legal & Accounting- Prevention 1007
Offce Supplies- Prevention 1008
Office Egyipment Rental- Prevention 1009
Postage- Prevention 1110
Priming- Prevention 1111
Salaries- ReHousino 1112
FICA- ReHousino 1113
Life Insurance- ReHousing 1114
Health Insurance- ReHousing 1115
Disabilitylnsurance- ReHousing j 1116
Unemployment-State-ReHousing 1117
Legal& Accouniino- ReHousing 1118
Office Supplies- ReHousing 1119
Office Equipment Rental- ReHousing 1120
Postage- ReHousing 1121
Printing-ReHousing 1122
Salaries -Prevention 2001
FICA- Prevention 2002
Life Insurance- Prevention
Health Insurance- Prevention
Disability Insurance- Prevention
Unemployment -state- Prevention
Salaries- ReHousing
FICA- ReHousing
Life Insurance-ReHousing
Health Insurance- ReHousinq
Disabifity Insurance- ReHousing
Unemployment -Slate- ReHousino
_ Rental Assistance -Prevention __
Rental Assistance- ReHousing
Utility Payments- Prevention
Utility Deposits- ReHousing
Moving Costs- ReHousing
Motel/Hofel Vouchers- ReHousing
Security Deposits- ReHousinp
HMIS- Prevention
HMIS- ReHousino
2003
2004
2005
2006
2007
2008
2099
I 2010
2011
I 2012
Wea
3001 1
3002
3003
3004
3005
3006
3007
4001
4002 I
Machment lila
Agency:
Program'
Catholic Charities of Fon Worth
HPRP-Prevention
City of Fort Worth
Housing and Economic Development Department
Cliem Data Report
Place a 1 In the appropriate column.
if the aggregate count of any reported multiple race combination that Is not listed above exceeds 1% of the total population bang reported, the combination should be reported separately.
ace a 1 in the appropriate column.
Agency
Program:
Catholic Chanties of Fort Worth
HPRP-Rapid ReHouslno
City of Fort Worth
Housing and Economic Development Department
Client Data Report
Place a 1 In the asp Prieto column.
Rawpelliale Oat]
•If the aggregate count of any reported multiple race combination that Is not listed above exceeds 7%of the total population being reported, the combination should be reported separately.
Attachment Illb
Place a 1 In -he appropriate column.
FY 2012
Income Limit
Area
Fort Worth -
Arlington, TX
HUD Metro
FMR Area
Median
Income
$69,200
Fort Worth -Arlington, TX HUD Metro FMR Area
FY2012 1 2 3 4 5 6 7 8
Income Limit Person Person Person Person Person Person Person Person
Category
Very Low
(50%)
Income
Limits
Extremely
Low (30%)
Income
Limits
$24,250 $27,700 $31,150 $34, 600 $37,400 $40,150 $42,950 $45,700
$14,550 $16,600 $18,700 $20,750 $22,450 $24,100 $25,750 $27,400
Low (80%)
Income $38,750 $44,300 $49,850 $55,350 $59,800 $64,250 $68,650 $73,100
Limits
M&C Review
OUNCIL GENDA
COUNCIL ACTION: Approved on 7/17/2012
Dff ciai'site of the t :o
DATE: 7/17/2012 REFERENCE **C-25718 LOG NAME: 17HPRPCATHOLICCHARITIES_45K
NO..
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Change in Use and Expenditure in the Amount of $45,000.00 in
Homelessness Prevention and Rapid Rehousing Funds and Authorize Execution of
Contract with Catholic Charities of Fort Worth to Award Funds (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the Substantial Amendment to the City's 2008-2009 Action Plan regarding the
change in use in the amount of $45 000.00 in funds for the Homelessness Prevention and Rapid
Rehousing Program,
2. Authorize the execution of a contract with Catholic Charities of Fort Worth for a term beginning
June 18, 2012 to July 21, 2012 in the amount of $45,000.00 from available Homelessness
Prevention and Rapid Rehousing Program funds; and
3. Authorize the amendment of contracts, if necessary, to achieve program goals provided that
the amendment is within the scope of the program and in compliance with applicable laws and
regulations governing the use of federal grant funds.
DISCUSSION:
On April 18, 2009, the City of Fort Worth (City) issued Requests for Proposals from local agencies
to administer Homelessness Prevention and Rapid Rehousing (HPRP) activities to benefit low
income City residents. On August 18, 2009 (M&C C-23715) the City Council authorized contracts
to administer HPRP programs The contracts were for a term beginning September 1, 2009 and
ending August 31, 2011. On December 13, 2011, (M&C C-25345) the City Council authorized
amendments to contracts with Cornerstone Assistance Network, the Community Enrichment
Center and SafeHaven of Tarrant County to increase funding and extend their contracts On May
1, 2012, (M&C C-25576) the City Council authorized a reallocation of funds for up to $300,000.00
to Cornerstone Assistance Network, The Salvation Army and the Fort Worth Housing Authority.
Catholic Charities of Fort Worth (CCFW) was awarded a total of $1,429,925.13 in HPRP funds, but
was unable to expend all funds before the contract term expired. Therefore some funds are still
available and must be expended by July 21, 2012. In order to meet the United States Department
of Housing and Urban Development (HUD) deadline, CCFW has agreed to expend some of the
available funds through a new contract with the City.
Staff recommends that the City Council authorize execution of a contract and approve the
expenditure of $45 000.00 in HPRP funds to Catholic Charities of Fort Worth These funds will be
utilized to provide financial assistance and housing relocation and stabilization services to
homeless households and households at risk of homelessness. Costs include, but are not limited
FORT % ORTI1
http://apps.cfwnet.org/council_packet/mc review.asp?ID=17043&councildate=7/17/2012[7/17/2012 3:11:17 PM]
M&C Review
to, rental assistance, utility assistance, case management expenses and costs related to reporting
in the local Homeless Management Information System. The total amount of HPRP funds
expended by CCFW will not exceed what was approved in the original allocation
A public comment period concerning the change in use of these funds was held from April 29,
2009 to May 11, 2009. Any comments are maintained by the Housing and Economic Development
Department in accordance with federal regulations.
This program benefits ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current
operating budget, as appropriated, of the Grants Fund.
TO Fund/Account/Centers
GR76 539120 017206359XXX $45.000.00
Submitted for Citv Manaaer's Office bvs
Oriainatina Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
GR76 539120 017206359XXX. $45.000.00
Fernando Costa (6122)
Jay Chapa (5804)
Cynthia Garcia (8187)
Charletra Hurt (7536)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=17043&councildate=7/17/2012[7/17/2012 3:11:17 PM]