10 - HOME Program Administration ContractItem No. 10
TO: Mayor, Mayor Pro -Tem & City Council
FROM: Robert G. Vine, Assistant City Manager
SUBJECT: HOME PROGRAM ADMINISTRATION CONTRACT
DATE: November 14, 2022
BACKGROUND: Paris has participated in various housing programs offered through the Texas
Department of Housing & Community Affairs (TDHCA), including the HOME program, which
provides replacement housing for qualified individuals. We have relied on vendors who specialize
in these state programs to administer applications, paperwork, communications, and payments, in
order to ensure compliance with grant requirements.
STATUS OF ISSUE: In October, staff advertised a formal request for proposals for grant
administration services to assist with the recently awarded HOME program grant and received a
single proposal from GrantWorks. GrantWorks is a reputable organization with previous
experience with the HOME program.
BUDGET: Costs are covered by the program.
RECOMMENDATION: Approve of a resolution authorizing a Professional Services Agreement
with GrantWorks for administrative services for the TDHCA HOME Fund grant.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, LAMAR
COUNTY, TEXAS, ACCEPTING A PROPOSAL FROM GRANTWORKS, INC.
FOR ADMINSTRATIVE SERVICES FOR THE TDHCA HOME PROGRAM;
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH GRANTWORKS, INC.; MAKING OTHER
FINDINGS AND PROVISIONS RELEATED TO THE SUBJECT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City of Paris has participated in various housing programs offered
through the Texas Department of Housing & Community Affairs (TDHCA), including the
HOME program, which provides replacement housing for certain qualified persons; and
WHEREAS, the City has relied on vendors who specialize in these state programs
to administer applications, paperwork, communications, and payments in order to
ensure compliance with grant requirements; and
WHEREAS, in October, staff advertised a formal request for proposals for grant
administration services to assist with the recently awarded HOME program grant and
received a single proposal from Grantworks, Inc., with whom the city has worked
successfully with in the past; and
WHEREAS, the City Council of the City of Paris, Texas hereby accepts the proposal for
administrative services attached hereto as Exhibit A with Grantworks, Inc. for
administration of the HOME program grant;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, LAMAR
COUNTY, TEXAS:
SECTION 1. That the findings set out in the preamble of this resolution are hereby
in all things approved.
jQN That the proposal of Grantworks, Inc. for administration of the HOME
Program grant provides the best value to the City, and is hereby accepted, and that the City
Manager be, and he is hereby, authorized and directed to execute, on behalf of the City of
Paris, the Agreement with Grantworks, Inc. in accordance with said proposal.
SECTION 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 14th day of November, 2022.
Paula Portugal, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
ADMINISTRATIVE AND SOFT COST MANAGEMENT SERVICES
A CONTRACT MADE THIS DAY OF , 2022 BY AND BETWEEN
THE CITY OF PARIS, HEREINAFTER REFERRED TO AS THE CLIENT, AND
GRANTWORKS, INC., AUSTIN, TEXAS, HEREINAFTER REFERRED TO AS THE
CONSULTANT.
I. SCOPE OF BASIC SERVICES: Consultant agrees to render Client the professional
grant administration services and soft cost management services for Client's HOME
Programs (HRA/OCC/PWD) including the Reservation System, hereinafter referred to as
the Program, administered by the Texas Department of Housing and Community Affairs,
hereinafter referred to as the Department, as provided in the provisions entitled "Scope
of Basic Services," attached hereto and incorporated by reference herein.
II. TIME OF PERFORMANCE: The time of services of Consultant shall begin at time of
award for Professional Services by Client. All services required and performed hereunder,
shall be completed within the time frame approved by the Department. Consulting
services are contracted for five years. Client, through action of the governing body, may
option to extend services for another two years.
Ill. COMPENSATION AND METHOD OF PAYMENT: For and in consideration of the
foregoing: Client agrees to pay Consultant, from Program Funds, a fee of 4% of the
building hard costs, not to exceed Fifty -Four Hundred dollars and no cents, ($5,400) for
administrative management services per house up to ten (10) houses. These
administrative services can include:
- General Recordkeeping
- Financial Management
-Affirmative Marketing Plan
- General contract oversight
- Construction management
- Education of title companies and coordination of closings
-Assistance in monitoring reviews
Client agrees to pay Consultant a fee of Twelve Thousand and no cents Dollars ($12,000)
from Program funds per house up to ten (10) houses.
Fee shall be due upon completion
of the contracted soft cost service. This agreement for service can include, but is not
limited to, the following
services and some services
will be performed by third party
service providers.
Affirmative Marketing
Legal Filings
Specification Manual
Cost Estimates
Plans
Specification Preparation
Environmental Review
Pre -Construction Conference
Surveys
Work Write -Up
Progress Inspection
Final Inspection
Initial Inspection
Punch List
Schedule of Values
Title Company Coordination
Recordation Fees
Appraisal
Closing Costs
Title Search
Utility cutoff Education
Demo/Disposal Coordination
Instructional walkthrough
Confirm Spec. Adherence
All payments are conditioned upon completion of soft cost service category and
submission by Consultant of Invoices.
IV. CHANGES AND AMENDMENTS: The Client may, from time to time, request
changes in the scope of services of the consultant to be performed hereunder. Such
changes, including any increase or decrease in the amount of the Consultant's
compensation, which are mutually agreed upon by and between the Client and the
Consultant, shall be incorporated in written amendments to this Contract.
V. ASSIGNABILITY: The Consultant shall not assign any interest on this Contract, and
shall not transfer any interest in the same (whether by assignment or novation), without
the prior written consent of the Client thereto. Provided, however, that claims for money
by the Consultant from the Client under this Contract may be assigned to a bank, trust
company, or other financial institution without such approval. Written notice of any such
assignment or transfer shall be furnished promptly to the Client.
VI. RECORDS AND AUDITS: The Consultant shall insure that the Client retains fiscal
records and supporting documentation for all expenditures of funds made under this
Contract in a manner which conforms to OMB Circular A-87, Section 570.490 of the
Regulations, and this Contract. Such records must include data on racial, ethnic, and
gender characteristics of persons who are applicants for, participants in, or beneficiaries
of the funds provided under this Contract. Client shall retain such records, and any
supporting documentation, for the greater of three years from closeout of the Contract or
the period required by other applicable laws and regulations.
VII. MISCELLANEOUS PROVISIONS: This Contract shall be construed under and
accord with the laws of the State of Texas, and all obligations of the parties created
hereunder are performable in the county that the client is located.
This Contract shall be binding upon and ensure to the benefit of the parties hereto and
their respective heirs, executors, administrators, legal representative, successors and
assigns where permitted by this Contract.
In any case one or more of the provisions contained in this Contract shall for any reason
be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and this Contract shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained
herein.
If any action at law or in equity is necessary to enforce or interpret the terms of this
Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs, and
necessary disbursement in addition to any other relief to which such party may be entitled.
It is agreed that all necessary information, data, reports and records and maps as are
existing, and available for the carrying out of the work outlined in this Contract shall be
furnished to the Consultant by the Client and its agencies. No charge will be made to
Consultant for such information and the Client and its agencies will cooperate with
Consultant in every way possible to facilitate the performance of the work described in
this Contract. This Contract is exclusively for HOME Program eligible general
administrative services.
VIII. TERMS AND CONDITIONS: This Contract is subject to the provisions titled, "Part
II Terms and Conditions" and attached hereto and incorporated by reference herein.
The Client and the Consultant have executed this Contract as of the date indicated above.
GRANTWORKS, INC.
2201 NORTHLAND DRIVE
AUSTIN, TEXAS 78756
1
BY:
DONNA M JOHNSON
Sr. VICE PRESIDENT
CITY OF PARIS
135 SE 1ST
PARIS, TEXAS 78064
W6
Title:
ATTEST:
BY:
CITY SECRETARY
CONTRACT FOR CONSULTANT SERVICES
PART II - TERMS AND CONDITIONS
1. PERSONNEL. The Consultant represents it has or will secure at its own expense,
all personnel required in performing the services under this Contract. Such
personnel shall not be employees of or have any contractual relationship with the
Client. All of the services required hereunder will be performed by the Consultant
or under its direct supervision and all personnel engaged in the work shall be fully
qualified and shall be authorized or permitted under State and Local law to perform
such services. All of the work or services covered by this Contract cannot be
subcontracted without prior written approval of the Client. Any work or services
subcontracted hereunder shall be specified by written contract or agreement and
shall be subject to each provision of this Contract.
2. REPORTS AND INFORMATION. The Consultant, at such times and in such forms
as the Client may require, shall furnish the Client periodic reports as it may request
pertaining to the work or services undertaken pursuant to this Contract, the costs
and obligations incurred or to be incurred in connection therewith, and any other
matters covered by this Contract.
3. FINDINGS CONFIDENTIAL. All of the reports, information, data, etc., prepared or
assembled by the Consultant under this contract are confidential and the Consultant
agrees that they shall not be made available to any individual or organization without
the prior written approval of the Client.
4. COPYRIGHT. No report, maps, or other documents produced in whole or in part
under this Contract shall be the subject of an application for copyright by or on behalf
of the Consultant.
5. INDEMNIFICATION. Consultant shall comply with the requirements of all
applicable laws, rules and regulations, and shall exonerate, indemnify, and hold
harmless the Client and its agency members from and against them, and shall
assume full responsibility, including, but not limited to the following, for payments of
Federal, State and local taxes on contributions imposed or required under the Social
Security, worker's compensation and income tax laws.
6. COMPLIANCE WITH LOCAL LAWS. The Consultant shall comply with all Federal
Law, Rules and Regulations. The Consultant shall comply with applicable laws,
Rules ordinances and codes of the State of Texas and local governments, and the
Consultant shall save the Client harmless with respect to any damages arising from
any tort done in performing any of the work embraced by this Contract.
7. TERMINATION OF CONTRACT FOR CAUSE. If, through any cause, the
Consultant shall fail to fulfill in a timely and proper manner his/her obligations under
this Contract, or if the Consultant shall violate any of the covenants, agreements, or
stipulations of this Contract, the Client shall thereupon have the right to terminate
this Contract by giving written notice to the Consultant of such termination and
specifying the effective date thereof, at least five (5) days before the effective date
of such termination. In such event, all finished documents, data, studies, surveys,
drawings, maps, models, photographs and reports prepared by the Consultant
under this Contract shall, at the option of the Client, become its property and the
Consultant shall be entitled to receive just and equitable compensation for any work
satisfactorily completed hereunder.
Notwithstanding the above, the Consultant shall not be relieved of liability to the
Client for damages sustained by the Client by virtue of any breach of the Contract
by the Consultant, and the Client may withhold any payments to the consultant for
the purpose of set-off until such time as the exact amount of damages due the Client
from the Consultant is determined.
B. TERMINATION FOR CONVENIENCE. The Client or Consultant may terminate this
Contract at any time by giving at least ten (10) days notice in writing to the affected
party. If the Client or Consultant terminates the Contract as provided herein, the
Client shall pay the Consultant for the time provided and expenses incurred in the
performance of duties under this Contract up to the termination date. If this Contract
is terminated due to the fault of the Consultant, Paragraph 7 hereof relative to
termination shall apply.
9. CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no
person shall, on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
10. SECTION a109 OF THE HOUSING & COMMUNITY DEVELOPMENT ACT OF
1974.
No person in the United States shall on the ground of race, color, national origin,
creed, or sex be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part
with funds made available under this Title.
11. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Contract,
the Consultant agrees as follows:
A. The Consultant will not discriminate against any employee or applicant for
employment because of race, creed, sex, color or national origin. The
Consultant will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their race,
creed, sex, color or national origin. Such action shall include, but not be limited
to, the following: Employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
Consultant agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Client setting forth the
provisions of this non-discrimination clause.
B. The Consultant will, in all solicitation or advertisements for employees placed
by or on behalf of the Consultant, state that all qualified applicants will receive
consideration for employment without regard to race, creed, color, sex, or
national origin.
C. The Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Contract so that such provisions will
be binding upon each subcontractor, provided that the foregoing provisions shall
not apply to contracts or subcontracts for standard commercial supplies or raw
materials.
D. The Consultant will include the provisions A. through C. in every subcontract or
purchase order unless exempted.
12. "SECTION 3" COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT
AND BUSINESS OPPORTUNITIES.
A. The work to be performed under this contract is on a project assisted under a
program providing direct Federal financial assistance from the Department of
Housing and Urban Development and is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
1701 u. Section 3 requires that to the greatest extent feasible opportunities for
training and employment be given lower income residents of the project area
and contracts for work in connection with the project be awarded to business
concerns, which are located in, or owned in substantial part by persons residing
in the area of the project.
B. The parties to this contract will comply with the provisions of said Section 3 and
the regulations issued pursuant thereto by the Secretary of Housing and Urban
Development set forth in 24 C.F.R. 135, and all applicable rules and orders of
the Department issued there under prior to the execution of this Contract. The
parties to this Contract certify and agree that they are under no contractual or
other disability, which would prevent them from complying with these
requirements.
C. The contractor will send to each labor organization or representative of workers
with which he/she has a collective bargaining agreement or other contract or
understanding, if any, a notice advising the said labor organization or workers'
representative of his/her commitments under this Section 3 clause and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment or training.
D. The contractor will include this Section 3 clause in every subcontract for work in
connection with the project and will, at the direction of the applicant for or
recipient of Federal financial assistance, take appropriate action pursuant to the
subcontract upon a finding that the subcontractor is in violation of regulations
issued by the Secretary of Housing and Urban Development, 24 C.F.R. Part
135. The contractor will not subcontract with any subcontractor where it has
notice or knowledge that the latter has been found in violation of regulations
under 24 C.F.R. Part 135 and will let any subcontract unless the subcontractor
has first provided it with a preliminary statement of ability to comply with
requirements of the regulations.
E. Compliance with the provisions of Section 3, the regulations set forth in 24
C.F.R. Part 135, and all applicable rules and orders of the Department issued
hereunder prior to the execution of the contract, shall be a condition of the
federal financial assistance provided to the project, binding upon the applicant
or recipient for such assistance, it successors and assigns. Failure to fulfill these
requirements shall subject the applicant, its contractors and subcontractors, its
successors and assigns to those sanctions specified by the grant or loan
agreement or contract through which federal assistance is provided, and to such
sanctions as are specified by 24 C.F.R. Part 135.
13. INTEREST OF MEMBERS OF CLIENT. No member of the governing body of the
Client and no other officer, employee, or agent of the Client who exercises any
functions or responsibilities in connection with the planning and carrying out of the
program, shall have any personal financial interest, direct or indirect, in this
Contract, and the Consultant shall take appropriate steps to assure compliance.
14. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS. No member of the governing
body of the Client and no other public official of Client, who exercises any functions
or responsibilities in connection with the planning and carrying out of the program,
shall have any personal financial interest, direct or indirect, in this Contract; and the
Consultant shall take appropriate steps to assure compliance.
15. INTEREST OF CONSULTANT AND EMPLOYEES. The Consultant covenants that
it presently has no interest and shall not acquire interest, direct or indirect, in the
study area or any parcels therein or any other interest which would conflict in any
manner or degree with the performance of its services hereunder. The Consultant
further covenants that in the performance of this Contract, no person having any
such interest shall be employed.
16. SECTION 503 HANDICAPPED (IF $2,500 OR OVER) AFFIRMATIVE ACTION
FOR HANDICAPPED WORKERS:
A. The contractor will not discriminate against any employee or applicant for
employment because of physical or mental handicap in regard to any position
for which the employee or applicant for employment is qualified. The contractor
agrees to take affirmative action to employ, advance in employment and
otherwise treat qualified handicapped individuals without discrimination based
upon their physical or mental handicap in all employment practices such as the
following: Employment, upgrading, demotion or transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation,
and for training, including apprenticeship.
B. The contractor agrees to comply with rules, regulations, and relevant orders of
the Secretary of Labor issued pursuant to the Act.
C. In the event of the contractor's non-compliance with the requirements of this
clause, actions for non-compliance may be taken in accordance with the rules,
regulations, and relevant orders of the Secretary of Labor issued pursuant to
the Act.
D. The contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices in a form to be prescribed by the
Director, provided by or through the contracting officer. Such notices shall state
the contractor's obligation to take affirmative action to employ and advance in
employment qualified handicapped employees and applicants for employment,
and the rights of applicants and employees.
E. The contractor will notify each labor union or representative of workers with
which it has a collective bargaining agreement or other contract understanding,
that the contractor is bound by the terms of Section 503 of Rehabilitation Act of
1973, and is committed to take affirmative action to employ and advance in
employment physically and mentally handicapped individuals.
F. The contractor will include the provisions of this clause in every subcontract or
purchase order of $2,500 or more unless exempted by rules, regulations, or
orders of the Secretary issued pursuant to Section 503 of the Act, so that such
provisions will be binding upon each subcontractor with respect to any
subcontract or purchase order as the Director of the Office of Federal Contract
Compliance Programs may direct to enforce such provisions, including action
for non-compliance.
CONTRACT FOR CONSULTANT SERVICES
PART III - SCOPE OF BASIC SERVICES
Administrative Services
A. Establish a Recordkeeping System
1. Develop a recordkeeping system consistent with program guidelines, including the
establishment of a filing system and assistance with necessary forms and
procedural requirements for file maintenance.
B. Completion of Environmental and Special Conditions:
1. Assist and advise client in conducting all procedural steps necessary to obtain
TDHCA/Federal environmental clearance for each project.
C. Completion and Approval of Policies and Procedures:
1. Assist and advise client in writing, and establishing, policies and procedures
ensuring that the HOME contract is administered in a fair and nondiscriminatory
process.
2. Establishing procedures for outreach and public notifications for assistance,
program qualifications, and date, time and location to submit applications.
D. Completion of the Bid/Contract Award Process:
1. Assist and advise clients and homeowners with bid solicitation and the qualifying
and selection of lowest qualified bidder for contract award.
E. Completion of Construction:
1. Prepare Contractor Qualification Guidelines and screen applicants for program
qualification.
2. Establish application process, application intake, and screen applicants and
homes for feasibility and qualifications (initial scoring only, not work write-up).
3. Prepare a scoring and ranking list for administrator review and approval.
4. Manage dispute resolution process, as needed.
5. Serve as liaison for the client during any construction -monitoring visit by staff
representatives from either TDHCA or HUD.
F. Filing of all Required Close-out Information:
1. Assist client with preparing, obtaining, and submitting all documents necessary to
close-out the contract including, but not limited to:
a. IDIS Completion Reports
b. Contractor MWBE Reports
c. Match Documentation
d. Certification of Contract Completion review.
Soft Cost Project Management Services
A. Plans/Work Write -Up
1. Provide plans and specifications for homes to be reconstructed.
2. Perform work write-up on each home approved for rehabilitation.
3. Provide justification of reconstruction for each home approved for reconstruction.
B. Specification Manual and Preparation
1. Prepare and provide specification manual for homes to be reconstructed
2. Prepare and provide specification manual for homes to be rehabilitated
C. Cost Estimate
1. Prepare cost estimates for homes approved for rehabilitation.
2. Prepare cost estimates for homes approved for reconstruction.
D. Initial Inspection
1. Perform initial inspection to determine feasibility or rehabilitation vs.
E.
F.
G.
H.
I.
J.
K.
L.
reconstruction.
2. Prepare TDHCA initial inspection forms, as required by program.
Legal Filings and Recordation Fees
As needed.
Surveys, Title Search, and/or Insurance
As needed.
Schedule of Values
1. Prepare and submit a schedule of values to the Department as required for each
draw.
Environmental Review
1. Prepare and submit site-specific environmental reviews, as required by
Department.
Coordination of Closings
Pre -Construction Conference
1. Conduct Pre -Construction Conference with Homeowner, Contractor,
Administrator in attendance.
Progress Inspections
1. Conduct progress inspections in sufficient quantity to insure compliance with:
2. Texas Minimum Construction Standards
3. Local codes
4. Adopted Construction Specifications
Final Inspection and Punch List
1. Conduct inspection to determine punch -list items
2. Inspect that all punch -list items have been addressed by contractor
3. Conduct final inspection
the
and
General
A. It is specifically understood that Consultant neither warrants nor guarantees that the
work of any rehabilitation or reconstruction contractor will fully satisfy the housing
assistance recipient or said work will be free of defect in workmanship. Consultant will
recommend replacement or withholding of payments should construction contractor's
work not be in conformity with contract specifications.
B. This agreement for service can include, but is not limited to, the above listed
Administrative and Soft Cost services and some services will be preformed by third
party service providers.