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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.