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HomeMy WebLinkAboutContract 26173 STATE OF TEXAS S g CITY SECRETARY' COUNTY OF TARRANT g CONTRACT NO. THIS contract is made and entered into by and between the City of Fort Worth ("City"), acting by and through Libby Watson, its duly authorized Assistant City Manager, and United Cerebral Palsy of Tarrant County, Inc. ("Contractor"), by and through Monica Prather, its duly authorized President/CEO. Contractor's business address is 1555 Merrimac Circle, Suite 102, Fort Worth, Texas 76107. WHEREAS, the City of Fort Worth has received grant monies from the United States Department of Housing and Urban Development ("HUD") through the Home Investment Partnerships Program ("HOME"), Program Nos. M-00-MC-48-0204, with which the City desires to promote activities that expand the supply of affordable housing and the development of partnerships among the City, local governments, local lenders, private industry and neighborhood based, nonprofit housing organizations; and WHEREAS, the primary purpose of the HOME program pursuant to the National Affordable Housing Act of 1990 ("NAHA") and 24 CFR 92, ("the Regulations") is to benefit low and very-low income citizens by providing them with affordable housing; and WHEREAS, Contractor, a nonprofit corporation managed by a volunteer Board of Directors, is to assist low and very-low income persons and families with disabilities to become homeowners; and WHEREAS, the citizens and the City Council of Fort Worth have determined that the opportunity to own a safe, decent and affordable home is needed for persons with disabilities; NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: 1 GENERAL PROVISIONS 1.1 Purpose i 1.1.1 The express purpose of this agreement is to provide Contractor with HOME fiends not to exceed One Hundred Twenty One Thousand Two Hundred Twenty Three Dollars, ($121,223.00), of which Ninety One Thousand Six Hundred Eighty Dollars, ($91,680.00) shall, be to provide deferred payment, forgiveable, second mortgage loans for closing cost/downpayment assistance to a minimum of (6) first-time homebuyers with disabilities purchasing homes in Fort Worth, and up to Twenty Nine Thousand Five Hundred Forty Three Dollars, ($29,543.00) for operating support of the Program, in accordance with `'Exhibit A - Program Summary". Page 1 � �FRICNA1 VIEWED 1.1.2 The City hereby certifies that Contractor is a Community Housing Development Organization (CHDO) working to make homeownership affordable to persons with disabilities. Contractor will engage in activities to transfer title from sellers of privately owned properties to HOME-qualified homebuyers with disabilities. To effectuate its relationship with the seller and homebuyer, Contractor will enter into a written agreement with the seller and homebuyer that will become part of the sales contract. As part of its service to the homebuyer to make homeownership possible for persons with disabilities, Contractor will assist homebuyer to obtain mortgage financing, barrier removal services and provide direct subsidies to homebuyers in the form of deferred payment, forgivable, second mortgage loans for closing cost and/or downpayment assistance. 1.1.3 The City shall act through its agent, the City Manager, or his duly authorized representative, unless otherwise stated in this agreement. Contractor agrees to comply with the uniform administrative requirements contained in Section 92.505 of the HOME regulations. In addition, Contractor must comply with the project requirements stated in Subpart F of the Regulations. 1.2 Duration / Period of Affordability 1.2.1 This Contract begins on the date of execution of this contract and terminates twelve (12) months after execution of the contract except that the provisions relating to affordability shall remain in effect through the period of affordability under this program as provided in 1.2.2 below. This Contract may be extended for one (1) one-year term. Contractor shall request the extension in writing and submit the request to the City sixty (60) days prior to the end of the contract. The City may then approve the extension of the Contract for another year. It is specifically understood that it is the City's sole discretion whether to approve or deny the request. 1.2.2 The housing assisted by Contractor will remain affordable as required by Section 92.254 of the Regulations. Affordability means that the actual principal, interest, property taxes, and insurance (PITI) for the purchase does not exceed the percent allowed under the Home Of Your Own Program of the monthly adjusted income of a family with an income that is eighty percent (80%) of the median of the area, adjusted for family size as established by HUD. The homes assisted with closing cost/downpayment assistance under this contract must remain affordable through the period of affordability. If the housing does not meet the affordability requirements as stated below, the funds used to assist with the purchase of said housing must be repaid to the City. HOME funded first- time homebuyer programs must remain affordable housing for minimum periods of. 5 years where the per unit amount of HOME funds provided is less than $15,000; 10 years where the per unit amount of HOME fiends provided is $15,000 to $40.000; and 15 years where the per unit amount of HOME funds provided is greater than $40,000. Page 2 C:%;�u A, y�1���E( MGv)�°J]�Qy Il Jo L"u'o)[,C'� , Va. 1.3 Income Eligibility 1.3.1 The HOME Program uses the income definitions used in the Section 8 Program. Annual income includes earned income, income from assets, and income from other sources as defined by 24 CFR Part 5. Annual income is used to establish homeowner and tenant eligibility and for the First-Time Homebuyer Program. Contractor shall use the most current HUD Program Income Guidelines to determine program eligibility. 1.4 Housing Quality Standards 1.4.1 For all housing units acquired, rehabilitated and resold with HOME funds, the Contractor is required to meet the most current HUD Housing Quality Standards (HQS), as well as City of Fort Worth Rehabilitation Standards. 1.5 Independent Contractor 1.5.1 Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Contractor shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, program participants, licensees or invitee. The doctrine of respondeat superior shall not apply as between City and Contractor, its officers, members, agents, servants, employees, subcontractors, program participants, licensees or invitee, 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 invitee. 1.5.2 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 invitee, 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. 1 .6 Termination 1.6.1 This contract may be terminated by the City in the event of default, inability, or failure to perform on the part of Contractor, or whenever such termination is determined by the City to be in the City's best interest. Likewise, the contract may be terminated by Page 3 COV MCG?�`i�°Ey Contractor if the City does not provide funds pursuant to this agreement. The contract may be terminated for mutual convenience upon agreement of the parties. 1.6.2 The parties acknowledge that HOME funds paid hereunder are intended to provide only partial funding for Contractor's program operations. If non-HOME funds in the Operating Budget are not forthcoming to Contractor during the contract term, City may terminate this contract. 1.6.3 City shall notify the Contractor in writing of any breach of this contract, and specify a reasonable time within which to cure the particular breach. After being notified of such non-material breach, if Contractor fails to cure the non-material breach within the time stated in the notice, this contract shall automatically terminate at the expiration of the stated time allowed for cure. 1.6.4 Contractor will return to City any unused monies previously distributed 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 the contract termination. 1.7 Venue 1.7.1 Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or non-performance of this agreement, venue for said action shall be in Tarrant County, Texas. 1.8 Written Instrument is Entire Agreement 1.8.1 All terms of this contract shall apply to any and all subcontractors of Contractor which are in any way paid with HOME funds or who perform any work in connection with Contractor's Program. 1.8.2 The provisions of this agreement are severable, and, if for any reason a clause, sentence, paragraph or other part of this agreement 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. 1.8.3 The failure of the City to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the City's right to assert or rely upon any such term or right on any future occasion. Page 4 . 1.8.4 This written instrument and the exhibits attached hereto, which are incorporated by reference and made a part of this contract for all purposes, constitutes the entire contract by the parties hereto concerning the work and services to be performed under this contract. Any prior or contemporaneous oral or written agreement which purports to vary the terms of this contract shall be void. Any amendments to the terms of this contract must be in writing and must be approved by each party to this contract. 1.8.5 Paragraph Headings 1.8.6 The paragraph headings contained herein are for convenience in reference to this contract and are not intended to define or to limit the scope of any provision of this contract. 2 DUTIES AND RESPONSIBILITIES OF CITY 2.1 Disbursement of Funds 2.1.1 The City will furnish federal grant funds, (United States Department of Housing and Urban Development HOME Investment Partnerships Program No. M-00- MC-48- 0204) for use as stated herein. The City will monitor the use of such funds to ensure appropriate use of the funds. Funds shall be disbursed after execution of this contract and compliance with the provisions therein. Disbursements from the HOME account for actual acquisition will not be made until actually needed for payment. Advance for payment of expenses will require completion of a "Request For Funds" form (Attachment I), and a copy of the property sales contract. 2.2 Amount of Funds 2.2.1 It is agreed that the total distribution of federal grant funds made available to or paid on behalf of Contractor, during the term of this contract shall not exceed the total sum of One Hundred Twenty One Thousand Two Hundred Twenty Three Dollars, ($121,223.00). 2.2.2 Contractor will use Ninety One Thousand Six Hundred Eighty Dollars, ($91,680.00)of the HOME funds granted to assist low income, first-time homebuyers with disabilities to purchase of a home by providing amortized and /or forgiveable, low interest or no interest second mortgages for closing cost/downpayment assistance. If the property is sold prior to the expiration of the affordability period, the second mortgage becomes due and payable. The remaining Twenty Nine Thousand Five Hundred Forty Three ($29,543.00) will be available for operating support of the Program. Page 5 2.2.3 Contractor shall paid on an advance of funds basis for all expenses incurred under this contract to pay for specific acquisition costs pertaining to property identified for the purpose of this Program. Prior to the release of funds for closing cost/downpayment assistance the property to be purchased must pass inspection by the City's Housing Department inspectors evidenced by a complete inspection form (Exhibit E-City of Fort Worth Housing-Closing Cost Assistance Checklist). 3 DUTIES AND RESPONSIBILITIES OF CONTRACTOR 3.1 Statement of Work, Budget and Time Line for Goals and Expenditures 3.1.1 Contractor will utilize Program funds to provide affordable housing opportunities to persons with disabilities residing within the City of Fort Worth, Texas. 3.2 Budget 3.2.1 Contractor agrees that the HOME funds will be expended in accordance with Exhibit B -"Program Budget". No change shall be made without prior written approval of the City. Under no circumstances shall the total amount of HOME funds expended by Contractor from funds paid by the City exceed One Hundred Twenty One Thousand Two Hundred Twenty Three Dollars, ($121,223.00). 3.2.2 The funds from the City may be spent only to pay actual expenses for the deferred payment loans for low and very-low income persons with disabilities to purchase homes within the City. 3.3 Time Line for Goals and Expenditures 3.3.1 Contractor will work in accordance with Exhibit C "Program Time Line", and ensure that program goals and expenditures correspond with the completion of the Program. 3.4 Reversion of Assets 3.4.1 Contractor agrees to return to the City any HOME funds remaining on hand at the end of the contract. Repayments, interest and other returns on investment attributable to HOME funds may be retained by the Contractor for the operation of the Program for the duration of the contract, and must be used by the Contractor to assist other low income homebuyers to purchase homes. If repayments, interest or other returns on investment attributable to HOME funds are received after the term of this contract, they shall be returned to the City to be deposited in the City's HOME Investment Trust Fund local account. with Sections 92.503 (b) and 92.504 (c) (3) of the HOME regulations. Page 6 L� ��GPD 3.5 Affirmative Marketing 3.5.1 Contractor must adopt affirmative marketing procedures and requirements for all HOME housing. The procedures and requirements must include methods for informing the public, owners and potential homebuyers about fair housing laws and policies so as to ensure that all individuals, without regard for race, creed, nationality or religion, are given an equal opportunity to participate in the Program. The Contractor will be solely responsible for the effective marketing responsibilities necessary to achieve the Contractors' production goals set forth in Paragraph 1.1.1 above. 3.6 Recapture Provisions 3.6.1 If the homebuyer retains ownership of the property for the full period of affordability, no recapture restrictions will apply. 3.6.2 Any sale of the property by the Contractor during the term of affordability will requires repayment of the deferred payment loan or other subsidy in accordance with Section 92.254 (a) (4) (ii) of the HOME regulations. 3.6.3 Contractor understands that these specific property recapture provisions are applicable on HOME funded properties, including the requirement that the purchaser household must use the property as its principal residence. This requirement must be incorporated in the property deed restriction or covenant running with the land. In addition, the loan documents (Deed of Trust Note) should also incorporate this requirement. The recapture provisions will remain in effect on property purchased with HOME funds for the affordability periods described in Paragraph 1.2.2, above. 3.7 Records and Reports 3.7.1 Contractor will keep or cause to be kept an accurate record of all actions taken and all funds expended, with source documents, in the pursuit of the objectives of the performance of this contract. Such records shall be kept for the period of affordability mandated by the Regulations. 3.7.2 Contractor will obtain and keep on file the following information on each client served by the Program: 3.7.2.1 annual income and size of the household of which the client is a member; Page 7 cop a�G�!:� � °1Q !!� ski; p ��lNo 3.7.2.2 ethnic group of the client, using one of the following five categories: White, not Hispanic; Black, not Hispanic; Hispanic; Asian or Pacific Islander; American Indian or Alaskan Native; 3.7.2.3 whether the head of the client's household is male or female; and 3.7.2.4 additional statistical information as may be required by HUD regulations and any amendments thereto. 3.7.3 Contractor will keep on file the following information and documentation on each individual project: 3.7.3.1 proof that the project meets the applicable property standards; 3.7.3.2 the per unit amount of HOME dollars invested; 3.7.3.3 the compliance with the affirmative marketing requirements and existence of acceptable procedures; 3.7.3.4 compliance with relocation requirements; 3.7.3.5 minority and female owned business data, and affirmative fair housing actions; 3.7.3.6 compliance with lead based paint and Davis-Bacon requirements; and 3.7.3.7 compliance with conflict of interest rules. 3.7.4 By the 15th of each month during which this program is supported by the HOME Investment Partnerships Program funds provided under this contract (to be construed as including the use of any asset obtained through the expenditure of HOME funds), Contractor will supply the City with a report detailing: 3.7.4.1 progress toward goal achievement (Exhibit F-Program Services); and 3.7.4.2 expenditure detail (Attachment I-"Request For Funds", Attachment II=`Detail Statement of Costs" & Attachment III-"Expenditure Worksheet"). 3.7.4.3 The amount of leveraging generated by this grant, including items that qualify as HOME match. 3.7.5 Reports shall be submitted in the format specified by City. Page 8 3.8 Cost Principles 3.8.1 Contractor shall comply with the requirements and standards of OMB Circular A-122, "Cost Principles for Non-Profit Organizations". 3.8.2 For all HOME funded contracts in the amount of $300,000 or more, Contractor must submit to City an annual audit prepared in accordance with 24 CFR part 84 generally, with specific reference to OMB Circular A-133. The audit may cover the period of the contract. This audit must be prepared by an independent certified public accountant, be completed within twelve (12) months following the end of the period being audited and be submitted to the City within (30) days of its completion. 3.8.3 City reserves the right to perform an audit of Contractor's program operations and finances at any time during the term of this contract, if City determines that such audit is necessary for City's compliance with OMB Circular A-128, and Contractor agrees to allow access to all pertinent materials as described in section headed records and reports above. If such audit reveals a questioned practice or expenditure, such questions must be resolved within (15) days atter notice to Contractor of such questioned practice or expenditure. If questions are not resolved within this period, City reserves the right to withhold further funding under this and/or future contract(s). 3.8.4 If as a result of any audit it is determined that Contractor has misused, misapplied or misappropriated all or any part of the grant funds described herein, Contractor agrees to reimburse the City the amount of such monies so misused, misapplied or misappropriated, plus the amount of any sanctions, penalty or other charge levied against City because of such misuse, misapplication or misappropriation. 3.9 Monitor Effectiveness of Services and Work 3.9.1 The City will review the activities and performance of each contractor and subrecipient not less than annually as required in Section 92.504 (e) of the HOME regulations. 3.9.2 Contractor agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by Contractor's compliance with the terms of this contract. The City shall have access at all reasonable hours to offices and records (dealing with the use of the funds that are the basis of this contract) of Contractor, its officers, directors, agents, employees, and subcontractors for the purpose of such monitoring. 3.9.3 Contractor agrees to likewise monitor the effectiveness of the services and work to be performed by its subcontractors. Page 9 ��V M,C ERY 3.10 Compliance with All Applicable Laws and Regulations 3.10.1 Federal 3.10.1.1 Contractor agrees to comply with the following laws and the regulations issued thereunder as they are currently written or are hereafter amended during performance of this contract: 3.10.1.1.1 Title VI of Civil Rights Act of 1964 (42 USC 2000d et seq) 3.10.1.1.2 Title VIII of Civil Rights Act of 1968 (42 USC 3601 et seq) 3.10.1.1.3 Executive Orders 11063, 11246, as amended by 11375 and as supplemented by Department of Labor regulations (41 CFR, Part 60) 3.10.1.1.4 Section 504 of the Rehabilitation Act of 1973 (29 USC 794) 3.10.1.1.5 The Age Discrimination Act of 1975 (42 USC 6101 et seq) 3.10.1.1.6 National Environmental Policy Act of 1969 (NEPA) and the related authorities listed HUD's implementing regulations (24 CFR Part 58). 3.10.1.1.7 Immigration Reform and Control Act of 1986 (Pub. L. 99-603, 100 Stat .3359, as amended) specifically including the provisions requiring employer verifications of legal worker status of its employees 3.10.1.1.8 Housing and Community Development Act of 1987 (Pub. L. 100-242, 101 Stat. 1815, as amended) 3.10.1.1.9 The Americans with Disabilities Act of 1990 (42 USC 12101 et seq) 3.10.1.1.10 National Affordable Housing Act of 1990 3.10.1.2 Contractor, in the operation of its program, will also comply with Office of Management and Budget Circular A-122 and attachments and revisions thereto, regarding principles for determining costs for HOME-funded programs. 3.10.2 Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701 3.10.2.1 As the work 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 USC 1701, Contractor covenants to abide by the requirements of the said Section 3. It requires as follows: 3.10.2.1.1 That, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area, and 3.10.2.1.2 That, to the greatest extent feasible, 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. Page 10 3.10.2.2 Contractor 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 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. Contractor certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements. 3.10.2.3 Contractor agrees that it will send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers representatives of its 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. 3.10.2.4 Contractor agrees that it will include the said Section 3 clause in every subcontract for work in connection with the project and will, at the direction of City, 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 CFR 135. Contractor agrees that it will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided Contractor with a preliminary statement of ability to comply with the requirements of these regulations. 3.10.2.5 City and Contractor understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract shall be a condition of the Federal financial assistance provided to the project, binding upon City and Contractor, and their respective successors, assignees and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors, its successors and assignees, to those sanctions specified by the Grant Agreement through which federal assistance is provided and to such sanctions as are specified by 24 CFR 135. 3.10.3 Clean Air Act; Clean Water Act, Environmental Protection Agency (EPA) Acts and Regulations 3.10.3.1 This contract is subject to the requirements of Section 306 of the Clean Air Act, as amended (42 USC 1857(h) et seq.), Section 508 of the Clean Water Act (33 USC 1368), Water Pollution Control Act, as amended (33 USC Page 11 1251 et seq.) and the regulations of the EPA with respect thereto at 40 CFR, Part 15, as amended from time to time, and Executive Order 11738 (42 USC 7606 nt.). In compliance with said regulations, Contractor agrees and, with respect to any nonexempt transaction, shall require each subcontractor to agree to the following requirements: 3.10.3.1.1 A stipulation that no facility to be utilized in the performance of nonexempt contract or subcontract work is included on the List of Violating Facilities issued by the (EPA) pursuant to 40 CFR 15.20, 3.10.3.1.2 Compliance with all the requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8), and Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318), relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued hereunder, 3.10.3.1.3 A stipulation that, as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities; 3.10.3.1.4 Agreement by Contractor that it will include or cause to be included the criteria and requirements of this section in every nonexempt subcontract, requiring that Contractor will take such action as City may direct as a means of enforcing such provisions. 3.10.3.2 In no event, shall any amount of the assistance provided under this contract be utilized with respect to a facility which has given rise to a conviction under the Clean Air Act or the Clean Water Act. 3.10.4 Other Laws 3.10.4.1 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 ordinances, rules and regulations of the City of Fort Worth and the Regulations. Contractor further promises and agrees that it has read, and is familiar with, terms and conditions of the Regulations under which funds are granted and that it will fully comply with same. It is agreed and understood that, if City calls the attention of Contractor to any such violations on the part of Contractor or any of its officers, members, agents, employees, program participants or subcontractors, then Contractor shall immediately Page 12 VI� �•u J�, J desist from and correct such violation. 3.11 Prohibition Against Discrimination 3.11.1 Contractor, in the execution, performance or attempted performance of this contract and agreement, will not discriminate against any person because of sex, race, religion, color or national origin, nor will Contractor permit its officers, members, agents, employees, subcontractors or program participants to engage in such discrimination. 3.112 During the performance of this contract Contractor agrees, and will require all its subcontractors to agree, as follows: 3.11.2.1 Contractor will not unlawfully discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Contractor will take affirmative action to ensure that applicants are employed and that employees are treated fairly during employment without regard to their race, color, religion, sex 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. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 3.11.2.2 Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 3.11.3 In accordance with the policy of the Executive Branch of the federal government, 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 or because of any handicap, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. 3.11.4 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 Page 13 IQ_ Ila UU"ir�;��j9tl II�e requirement. 3.11.5 In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of 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 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 agreement. 3.11.6 This agreement 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 of the City of Fort Worth, 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, 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. 3.12 Prohibition Against Interest 3.12.1 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 tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts hereunder. 3.12.2 No officer, employee, member or program participant of Contractor or its subcontractors shall have a financial interest, direct or indirect, in this contract or the monies transferred hereunder or be financially interested, directly or indirectly, in the sale to Contractor of any land, materials, supplies or services purchased with any funds transferred hereunder, except on behalf of Contractor, as an officer, employee, member or program participant. Any willful violation of this paragraph with the knowledge, expressed or implied, of Contractor or its subcontractors shall render this contract voidable by the City of Fort Worth. Page 14 Ir 3.12.3 No officer, employee, agent, consultant, elected official or appointed official of the participating jurisdiction, Contractor or its subcontractors who exercised any functions or responsibilities with respect to activities assisted with HOME funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME assisted activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 3.13 Assignment 3.13.1 Contractor shall not assign all or any part of its rights, privileges, or duties under this contract without the prior written approval of City. Any attempted assignment of same without approval shall be void, and shall constitute a breach of this contract. It is agreed that the City has the right to inspect and approve in writing any proposed subcontracts between Contractor and any subcontractor engaged in any activity in conjunction with this HOME funded project prior to any charges being incurred. 3.14 Indemnity and Bonding 3.14.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, City and its officers, agents, servants and employees from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement 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 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 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. Page 15 UJ �0 '20 '°�Dq 3.14.2 Contractor will maintain a blanket fidelity coverage in the form of insurance or bond in the amount of$30,000, 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 HOME monies occasioned by such misconduct. To effectuate such reimbursement, such bond shall include a rider stating that reimbursement for any loss or losses thereunder shall be made directly to City for the uses and benefit of Contractor. 3.15 Waiver of Immunity 3.15.1 If Contractor, as a charitable or nonprofit organization, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death, to persons or property, 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. 3.16 Insurance Requirements 3.16.1 Commercial General Liability Insurance $500,000 each occurrence $500,000 aggregate limit 3.16.2 Business Automobile Liability Insurance $500,000 each accident Insurance policy shall be endorsed to cover"Any Auto". Pending availability of the following coverage, and at the discretion of the Contractor, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when the course of Contract's business as contracted herein. 3.16.3 Directors and Officers Insurance Optional (Highly Recommended) Note: This insurance shall cover the Contractor and any associated Board of Directors members. 3.16.3 Workers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $500,000 each accident $500,000 disease-each employee $500,000 disease-policy limit Note: Such insurance shall cover employees performing work on any and all projects including but not limited to construction, demolition, rehabilitation. Coverage shall be Page 16 0 maintained by Contractor or its subcontractors. In the event the respective subcontractors do not maintain coverage, the Contractor shall maintain the coverage on such subcontractors for each applicable subcontract. 3.16.4. Additional Requirements Such insurance amounts to shall be revised upward at City's option and that Contractor shall revise such amounts within (30) days following notice of such requirements. Contractor will submit to City document that it has obtained insurance coverage and has executed bonds as required in this contract and prior to payment of any monies hereunder. Each insurance policy shall be endorsed to provide City with a minimum sixty (60) days' notice of cancellation, non-renewal, and/or material change in policy terms or coverage. Insurance policies required herein shall be endorsed to include the City of Fort Worth as an additional insured as its interest may appear. Additional insure parties shall include employees, officers, agents, and volunteers of the City of Fort Worth. The Workers' Compensation Insurance policy shall be endorsed to include a waiver of subrogation, also referred to as a waiver of rights of recovery, in favor of the City of Fort Worth. Any failure on part of the City to request certificate(s) of insurance shall not be construed as a waiver of such requirement nor as a waiver of the insurance requirements themselves. Insurers of Contractor's insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to do business in the state of Texas. Insurers shall be acceptable to the City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rating of ANII or other equivalent insurance industry standard rating otherwise approved by the City of Fort Worth. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by the City of Fort Worth. In the event there are any local, federal or other regulatory insurance or bonding requirements for the housing program addressed in this contract, should such requirements exceed those specified herein, the former shall prevail. 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 same; and Contractor shall require its subcontractors to have the City of Fort Worth and the Contractor endorsed as additional insureds (as their interests may appear) on their respective insurance policies. Contractor shall require its contractors 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 as specified by the City of Fort Worth. Page 17 �E(com v 3.16 Program Income Qualifications for Families 3.16.1 Contractor agrees to abide by HUD income guidelines, which are specific to the type of project that is undertaken by the Contractor. 3.17 Certification Regarding Lobbying 3.17.1 The undersigned representative of Contractor hereby certifies, to the best of his or her knowledge and belief, that: 3.17.1.1 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 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. 3.17.1.2 If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, member of Congress in connection with this federal contract, grant, loan or cooperative agreement, Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3.17.1.3 The Contractor shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of federal funds. Page 18 r IN WITNESS WHEREOF, the parties hereto have executed our ,opies of this contract in Fort Worth, Tarrant County, Texas, this day of A.D.Xa� ATTEST: CITY OF FORT WORTH oelt-aoA,L4, By- ity Secreta /�-�,_T,o Li y Watson L Assistant City Manager APPROVED AS TO FORM AND LEGALITY: w Asst. City Attorney 6- /0297 UNITED CEREBRAL PALSY OF TARRANT Contract Authorization COUNTY, INC. Date By: Monica Prather, President/CEO Page 19 KUG1© rV'11���"�ir�j�SUG;IQl1 a '�Q-,1 STATE OF TEXAS COUNTY OF TARRANT -. BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Libby Watson, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that she executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ro�� day of A.D. 2000. /� /w Notary Public in and for the State of Texas STATE OF TEXAS �. =ROSELLA BARNES Fd NOTARY PUBLIC State of Texas COUNTY OF TARRANT Comm. Exp 03-31-2001 BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Monica Prather, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of United Cerebral Palsy of Tarrant County, Inc. and that she executed the same as the act of said United Cerebral Palsy of Tarrant County, Inc. for the purposes and consideration therein expressed and in the capacity therein stated as its duly authorized officer or representative. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 'tel day of A.D. 2000. Notary ) in and for the State of Texas *.,, MARY BURDETTE FLOYD Notary Public State of Texas Comm. Expires 5-03-2003 Page 20 fu fflU111,11RECAM i ""ffia rr EXHIBITS AND ATTACHMENTS EXHIBIT A-Program Summary EXHIBIT B-Program Budget EXHIBIT C-Program Timeline EXHIBIT D-Independent Audit Requirement EXHIBIT E-City of Fort Worth Housing-Closing Cost Assistance Checklist EXHIBIT F-Program Services ATTACHMENT I---- Request For Funds ATTACHMENT II----Detail Statement of Cost ATTACHMENT III---Expenditure Worksheet EXHIBIT A PROGRAM SUMMARY PROGRAM TITLE UNITED CEREBRAL PALSY OF TARRANT COUNTY-CHDO PROJECT 2000 HOME-CHDO PERSONAL SERVICES(Support Funds) $29,543.00 SUPPLIES $0.00 CONTRACTUAL SERVICES(Closing Cost/Downpayment Assist Funds) $91,680.00 CAPITAL OUTLAY $0.00 TOTAL $121,223.00 DESCRIPTION: United Cerebral Palsy of Tarrant County(UCP)will provide deferred payment, forgiveable, second mortgage loans for closing cost/downpayment assistance to first-time homebuyers with disabilities. The contract period begins on the date of execution and ends twelve months thereafter. PROGRAM OBJECTIVES: To provide a minimum of six(6) low income, first-time homebuyers with disabilities closing cost/downpayment assistance to purchase a home. PROGRAM MEASURES: Projected Goals Total number of homebuyers assisted 6 EXHIBIT B B. OPERATING BUDGET, FY, 2000- 2001 Expense Category Total CHDO Sid W. Budget* Budget Richardson (1) (2) (3) I year (5)** (6)** (7)** Grant (4)** Personnel Services Salaries $40,700 18,100 22,600 FICA 2,961 1,711 1,250 Life Insurance 370 185 185 Health Insurance 2,735 696 2,040 Unemployment- State 638 280 358 Unemployment - Federal 0 0 0 Workers' Compensation 114 42 72 Retirement 1,280 300 980 Supplies Office Supplies 1,000 0 1,000 Postage 1,100 0 1,100 Teaching Aids 0 0 0 Office Furniture 1,800 1,800 0 Other 0 0 0 Contractual Services Telephone 1,380 0 1,380 Electric 0 0 0 Gas 0 0 0 Water/Waste Disposal 0 0 0 Rent 3,960 1,500 2,460 Custodial Services 0 0 0 Copier 1,500 1,500 0 Other Equipment 2,000 0 1,200 Printing 1,800 1,000 800 Repairs 0 0 0 Fidelity Bond 750 750 0 Liability Insurance 300 0 300 Legal & Accounting. 0 0 0 Private Auto Allowance 1,800 780 1,020 Conferences & Seminars 2,355 900 1,455 Other(Emer .Maint.Fund 1,000 0 1,000 TOTAL 69,543 29,543 40,000 *Should be the total of columns 3 to 7. **Indicate other funding sources in columns 4 to 7,e.g. foundations, corporations, fundraising, developers fees, etc. Note: CHINO Budget should not exceed$50,000 or 50%of the total budget, whichever is lower. F�CnlML i8EPC�1- ECO@ w C. BUDGET DETAIL (PERSONNEL SERVICES, FY 2000- 2001 Position/Title Annual Fringe Total %of Total Funding Source(s) Salary Benefits Salary& Time for Amount for Balance of Time $ $ Fringe CHDO from Benefits Project CHDO $ Develop- Support ment Fund$ 1. HOYO $27,500 $5,500 $33,000 100% $16,500 Sid Richardson Coordinator Foundation Grant & CHDO 2. Support $13,200 $2,640 $15,840 10% $4,813 Sid Richardson Staff Grant, UCP-TC funds, & CHDO 3. $ $ $ $ 4. $ $ $ $ Total $40,700 $8,140 $48,840 $21,313 Note: 2,080 hours annually comprise a full-time position. *Foundations, corporations, fundraising, developers fees, etc. D. PROJECTED THREE-YEAR OPERATING BUDGET AND FUNDING SOURCES, FY 2000 -2003 Expense Category 2000-2001 Funding 2001-2002 Funding Sources 2002-2003 Funding Sources Sources Personnel Services See above Salaries& Wages $40,000 Both $42,735 $44,872 Fringe Benefits $8,098 Both $8,907 $9,798 Supplies $3,900 Both $4,095 $4,299 Contractual Services $1,380 SWR Grant $1,449 $1,521 Utilities 0 0 0 Rent $3,960 Both $4,158 $4,364 Office Equipment $3,500 Both $3,500 $3,500 Legal&Accounting 0 0 0 Bond&Insurance $750 CHDO $788 $827 Other $7,955 SWR Grant $8,353 $8,771 TOTAL $69,543 Both $73,985 $77,952 ply CHDO Program Funding Request—Adjusted UCP of Tarrant County 06/20/2000 C. Type and amount of assistance requested: 1. Total Amount Requested: $ 91,680 2. No. of housing units: 6 3. Total Project Cost: $ 91,680 4. Terms requested (No. of years): 1 Rate of interest:NA F,r Uo Exhibit C X X X X rF U ,N- t��a X X X X X X X X X X X X F O V X X X X X X X X X X X X C X X X X X X X X X X X X 0 o ti X X X X X X XX X X X X coo X X X X X X X X X X X X X z � a o N X X X X X X X X X X X X v � H Q �t X X X X X X X X X X X X aM X X X X X X X X X X X X a � � cG cq X X X X X X X X U � crr o X X X E o, 0 Cd a � 41 �Dl.a U a5i o U oA 'a pip � �.troBFao EXHIBIT 0 INDEPENDENT AUDIT REQUIREMENT BUSINESS/AGENCY NAME: PROGRAM: AMOUNT FUNDED: $ ' Name of Independent Auditor who will perform agency audit: /-) z1 (Independent Auditor) Date audit is to perform: N (Month and Year) The following language is a condition of your contract with the City: "In accordance with OMB Circulars A-128 and A-133, for all contracts in the amount of$300,000 or more, Contractor must submit to City an annual audit of its program operations and finances, covering either its fiscal year during which this contract is in force or covering the period of this contract. This audit must be prepared by an independent certified public accountant and must be submitted within three(3) months of its completion . Costs of preparation of this audit may be an allowable expenditure of federal funds in an amount proportional to that of the federal funds used in Contractor's total agency operating budget." Signature Date M EXHIBIT E CITY OF FORT WORTH HOUSING - CLOSING COSTS ASSISTANCE CHECK LIST Name of Contact: Telephone# Beeper# Mobile# FAX# Buyer's Name: Address of Property: ne inspection by the City of Fort Worth Housing Department helps to ensure that the property meets the minimum qualifications for funding provided through the Closing Costs Assistance Program.Please read the following statements carefully: We do not make guarantees,warranties,representations,or insure the future performance or condition of any inspected item. We do not inspect any item we cannot see in a normal inspection. We do not move furniture,rugs,paintings,or other furnishings.We do not uncover buried pipes.We cannot see items covered by wall paper,flooring,repairs or remodeling that may hide evidence of prior damage or defects. We do not dismantle equipment to inspect component parts,such as HVAC and kitchen appliances. Inspections (1) (2) Comments 1. [ ] [ ] All utilities were on and all appliances that are to remain in the property and would be covered by a home warranty, are in good working condition 2. [ ] [ ] Property has operable smoke detectors. 3. [ ] [ ] Water heater is properly vented and has a pressure relief valve with a discharge line that drains to the exterior. 4. [ ] [ ] Bathrooms have a window that opens or a working exhaust vent system. 5. [ ] [ ] Exterior doors are solid core/metal insulated, free of holes,are weathertight, and have workable locks 6. [ ] [ ] All plumbing including fixtures are in good working condition,properly installed,and free of leaks 7. [ ] [ ] All walls and ceilings are free of holes and major cracks 8. [ ] [ ] All electrical wiring is properly installed and covered. Wiring that is exposed is enclosed in conduit 9. [ ] [ ] Adequate number of GFI outlets as required by Code 10. [ ] [ ] Heating and air-conditioning units are in good working condition and properly vented 11. [ ] [ ] No peeling paint is evident on the interior or exterior 12. [ ] [ ] Floors are free of badly damaged floor coverings,tile,or sheet goods 13J[ ] [ ] All windows are in sound condition,weather-tight,free of broken or cracked panes,and have workable latching devices if required 14. [ ] [ ] Roof appears to be in sound condition 15. [ ] [ ] Electric service to structure appears adequate 16. [ ] [ ] Foundation appears to be in good condition. Housing Department Inspector (1"Inspection) Housing Department Inspector (2i4 Inspection) Printed Name: Printed Name Signature Signature Date Approved Disapproved Date Approved Disapproved (See Addendum ) Phone# Our report cannot and does not repreaenith o eration Mobile# of any items after this date and timg'gV4- no Housing Department Telephone 4 (817) 871-7540 / Fax 871-7328 ? "��EGs (��� ��� oc s3l25197 EXHIBIT F PROGRAM SERVICES MONTH REPORTING FROM: TO: I . ACCOMPLISHMENTS PROGRESS PROGRESS % GOALS THIS MONTH TO DATE PDOQ =SH® II. ADDITIONAL COMMENTS REGARDING ACCOMPLISHMENTS THIS MONTHS: III. PROBLEMS ENCOUNTERED AND SOLUTIONS PROPOSED: IV. ANTICIPATED ACTIVITIES DURING NEXT MONTH: CM ATTACHMENT I CITY OF FORT WORTH HOUSING DEPARTMENT REQUEST FOR FUNDS Agency Program Name: Contract Number: Report Period: Contract Amount: Date of Request: ,§PM!?N1(AGENCY) 'Cu5iul'iffivi" CASH BALANCE ANALYSIS FOR APR 1. Beginning Cash Balance S 2. Amount Received: Program Income S City of Fort Worth S Interest Earned $ S 3. Total Funds Available(I +2) S 4. Less Expenditure(detail statement cost) $ 5. ENDING CASH BALANCE (3-4)- S '0 t 6. Estimated Expenditures 7. Funds Needed(6-5) S. Less Estimated Program Income 9. Unpaid Request for Payment Previously Submitted $ 10.Amount of This Request(7-8 &9) S oqDiVTOTAL ANVOUNTA'EVE " Ii :SE tTION 11, 3 -A, 1. MARS-Purchasing Request A. MARS INPUT: Vendor/PO Number/Requisition Number B. Fund/Account/Center C. Total Amount of this Request 11;ih��' !A! 1471 "'n 4 7y� SECTION 111`47RM 1. Verification A. MARS-Purchasing: B. Contract Manager: C. Accounting: (Na—) 2. Authorization A. Agency: (Name) B. rVigint& Budget 0 Administrator Housing Director 1F O%kat SA.500.80 (Name) ATTAGNMLNI 11 CITY OF FORT NORTH HOUSING DEPARTMENT MANAGEMENT AND BUDGET DIVISION DETAIL STATEMENT OF COSTS CONTRACT NO. DATE ACE.\Cl' TO PROGRAM REPORT PERIOD PROGRAM MONTHLY CUMULATIVE COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE PERSONAL SERVICES Salaries 516010 PICA 518010 Life Insurance 518050 I Ienith Insurance 518060 Unemployment-Federal 518090 unemployment Tax-State 518090 Worker's Comp 518040 Retirement 518070 SUPPLIES Office Supplies 521010 Postage 521020 Teaching Aids 522030 Food Supplies 522030 Other Operating Supplies 523300 CONTRACTUALSERVICES Telephone 535040 Electric 535020 Gas(Utility) 535010 \Yater!Waste Disposal 535030 Rent(Building) 537010 Custodial Services 539220 Office Equipment Rental 537030 Printing 533030 Repairs 53600 Fidelity Bond 538210 Liability Insurance 534020 Legal&Accounting 538060 Private Auto Allowance-Local 532130 Advertising 533010 Conferences&Seminars 531 180 Contractual Services--Land Acq. 539120 Indirect Cost 517010 CAPITAL OUTLAY Furniture.FiXtUres 541330 011ice Equipment 541370 Propert% Insurance TOTAL Sub-Contractors Certification: I certify that the costs incurred are taken from the books Of accounts and that such costs are valid and consistent with the terms of the agreement.. NAME and TITLE OF AUTHORIZED OFFICER TURF and DATE 0AL G'N 00pI C�B�V � Cc!° G�� a - Attachment III C(TY OF FORT WORTH HOUSING DEPARTMENT CONTRACT MANAGEMENT DMS(ON EXPENDITURES WORKSHEET 3x,r PJEPOf(r PEP100 x ZNd COKTRACT W. DATE OF REQUEST 1. DATE CHECK NO. PAYEE DESCRIPTION ACCOUNT NO. AMOUNT 1 I 3 4 5 i T 8 9 ' 0 t 2 r 3 4 fi TOTAL NAME and TITLE OF AUTHORL7rED OFFICER SIGNATURE and DATE MMON �Ze �Yr JQ 11 vJ�_-u Foax oaaa City of Fort Worth, Texas avow and Council communicalflon DATE REFERENCE NUMBER I LOG NAMEPAGE 8/1/00 G-12972 05HOME 1 of 3 SUBJECT FISCAL YEAR 2000 HOME FUNDING FOR COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS CHDOS RECOMMENDATION: It is recommended that the City Council: 1. Authorize the use and reallocation of $503,493 for Community Housing Development Organizations (CHDOs) under Federal HOME Program Year 2000; and 2. Authorize the City Manager to execute contracts, not to exceed a combined total of $503,493 in Fiscal Year 2000 HOME funds with the following CHDOs to implement their respective projects in the amounts of: a) $232,270 to Carter Metropolitan Community Development Corporation for construction of single family infill housing comprised of the following: • $200,000 in CHDO Program Funds; and • $32,270 in Housing Support Funds to assist the organization with payment of operating costs; and b) $150,000 to the Mitchell Boulevard Development Corporation for construction of single family infill housing; and 121,223 to United Cerebral Palsy of Tarrant County, Inc. (UCP) to provide closing cost/down payment, and/or soft second mortgage assistance to home buyers with disabilities comprised of the following: • $91,680 in CHDO Program Funds; and • $29,543 in Housing Support Funds to assist the organization with payment of operating costs; and 3. Authorize the contract performance period on all three contracts to begin on the date of contract execution and end twelve months thereafter; and 4. Authorize the City Manager to amend the contracts, if necessary, to achieve project goals provided that the amendment is within the scope of the project and in compliance with applicable laws and regulations. City of Fort Worth, Texas "anon and counin't communication DATE REFERENCE NUMBERLOG NAME PAGE 8/1/00 G-12972 05HOME 2 of 3 SUBJECT FISCAL YEAR 2000 HOME FUNDING FOR COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS CHDOS DISCUSSION: The HOME Investment Partnerships Program is intended to be a partnership between federal, state and local government, and non-profit and for-profit agencies who build, own, manage, finance and support low income housing initiatives. Participating Jurisdictions (PJs), such as the City of Fort Worth, are particularly encouraged to work with existing community-based, non-profit housing organizations and to help develop new non-profit housing. To ensure this participation, a minimum 15% of a PJ's HOME funds must be set-aside to be used for CHDOs, and up to 5% may be set-aside to fund CHDO's operating expenses. CHDOs are certified by PJs according to specific eligibility criteria. Commitments of HOME funds must be made according to a timetable established by the U.S. Department of Housing and Urban Development. For the City of Fort Worth, the total HOME funding allocation for Fiscal Year 2000 is $2,756,000. The mandatory minimum 15% set-aside for qualified CHDO projects is $413,400, and 5% allowable for operating expenses is $137,800, for a total of $551,200. In addition, there is a carryover amount of $721,262 in CHDO Program Funds and $154,766 in CHDO Support Funds from previous years, for a total of$876,028. Total CHDO funding available from all sources for Fiscal Year 2000 is $1,427,228. A request for CHDO proposals was issued on February 28, 2000, and a proposers' conference was held on March 8, 2000. Three proposals were received on May 30; 2000 in response to this solicitation. Funding for all three CHDOs is being recommended as follows: PROGRAM SUPPORT AGENCY SCOPE OF WORK FUNDS FUNDS Carter Metropolitan Infill housing construction (3 units) $200,000 $ 32,270 Community Development Corporation Mitchell Boulevard Infill housing construction (2 units) $150,000 -0- Development Corporation United Cerebral Palsy of Closing cost, down payment and/or 91,680 29,543 Tarrant County, Inc. soft second mortgage assistance (6 Units) Total $441,680 $ 61,813 The proposed projects of Carter Metropolitan Community Development Corporation and the Mitchell Boulevard Development Corporation are located in COUNCIL DISTRICT 8, and UCP is city-wide. The Safety and Community Development Committee approved this recommendation at its July 18, 2000 meeting. City of Fort Worth, Texas "avow and coun"'I communication DATE REFERENCE NUMBER I LOG NAMEE PAG 8/1/00 G-12972 05HOME 3 of 3 SUBJECT FISCAL YEAR 2000 HOME FUNDING FOR COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS CHDOS FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, funds will be available in the current operating budget, as appropriated, of the Grants Fund. LW:k Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) 1)GR76 539120 005206104140 $ 21,000.00 Libby Watson 6183 1)GR76 539120 005206107170 $ 11,270.00 Originating Department Head: 1)GR76 539120 005206107180 $ 880.00 1)GR76 539120 005206113060 $ 28,663.00 1)GR76 539120 005206103330 $105,560.00 1)GR76 539120 005206104330 $ 84,000.00 1)GR76 539120 005206107190 $ 10,440.00 1)GR76 539120 005206107200 $ 69,560.00 1)GR76 539120 005206113070 $ 22,120.00 APPROVED 1)GR76 539120 005206113080 $ 17,982.00 CITY COUNCIL 1)GR76 539120 005206128150 $132,018.00 Jerome Walker 7537 (from) 1)GR76 539120 005206104020 $ 21,000.00 AUG 1 2000 Additional Information Contact: 1)GR76 539120 005206107020 $ 12,150.00 1)GR76 539120 005206113020 $ 68,765.00 L � 1)GR76 539120 005206103130 $105,560.00 Citir Secretary of 61e 20 1)GR76 5391 005206104130 $ 84,000.00 city of Fort Worth,TG,-as 1)GR76 539120 005206107140 $ 80,000.00 Jerome Walker 7537 1)GR76 539120 005206128030 $132,018.00