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HomeMy WebLinkAboutContract 45983-A2 SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 45983 WHEREAS, on September 23, 2014, the City Council of the City of Fort Worth ("City") authorized the expenditure of a total of $1,300,000.00 in HOME Investment Partnerships Program ("HOME") grant funds to the Fort Worth Housing Finance Corporation ("FWHFC"), for an affordable housing development in the Diamond Hill-Jarvis neighborhood and the sale of 21 lots to FWHFC for the construction of new single family houses to be sold to HOME-eligible buyers (M&C C-27008); WHEREAS, on September 25, 2014, City and FWHFC, a Texas housing finance corporation and public instrumentality of the City, made and entered into City Secretary Contract No. 45983 for the purpose of funding the construction of up to 21 single family houses as part of the Hardy Street Single Family Infill Development(the "Original Contract"); WHEREAS, the Original Contract provided funding to FWHFC pursuant to a grant from the United States Department of Housing and Urban Development ("HUD") through the HOME Program, Catalog of Federal Domestic No. 14.239; WHEREAS, the Original Contract specifically provided FWHFC with City HOME funds for the construction of a single family house as part of the development; WHEREAS, the City is required to spend a portion of its annual award of HOME funds on projects with Community Housing Development Organizations ("CHDO") and has requested that the HOME contracts for the development be assigned by FWHFC to Tarrant County Housing Partnership, Inc., a CHDO, in order to assist City in meeting its CHDO spending and commitment goals with HUD; WHEREAS, Tarrant County Housing Partnership, Inc., a Texas non-profit corporation and CHDO (hereinafter "Developer") is willing to assume all of FWHFC's rights and obligations as Developer under the Original Contract in City Secretary Contract No. 45983-A1; WHEREAS, on August 9, 2016, the City Council authorized the expenditure of the additional $1,200,000.00 of HOME Program Income funds to Developer (M&C G-18793) for development costs; WHEREAS, the Developer has requested that line item amounts in the budget be increased due to unforeseen additional costs for the project thus increasing the total amount of HOME Funds to $172,680.84. Additionally, the house has since been sold to a HOME Eligible Buyer, and Developer has requested amending the construction budget to reflect the final expenses for the project, including the actual amounts of each line item and the actual amounts of the seller-paid closing costs as shown on the Closing Disclosure; WHEREAS, it is the mutual desire of City and Developer to amend the Contract to complete the project and meet Contract objectives. NOW THEREFORE, City and Developer hereby agree as follows: CONTRACT AMENDMENT 2 to CSC No.45983 Page 1 Tarrant County Housing Partnership,Inc.—3624 Eagle Nest St. Rev. 12/2016 I. The terms "Completion Deadline" and "HOME Funds" in Section 2. DEFINITIONS are amended to be and read as follows: "Completion Deadline means November 30, 2016." "Home Funds means the HOME Program grant funds supplied by City to Developer under the terms of this Contract not to exceed $189,948.92,which includes the costs set forth in Exhibit"B"—Budget and the Developer Fee." II. Section 4.1 is amended to be and read as follows: "4.1 Provide HOME Funds. City shall provide Developer up to $172,680.84 of HOME Funds in the form of the Loan for eligible expenses for the development of the house under the terms and conditions described herein." Section 6.6 Contractor, Vendor and Subcontractor Requirements. is amended to read as follows: "Developer will use commercially reasonable efforts to ensure that all contractors or vendors utilized by Developer or subcontractors utilized by Developer's general contractor are appropriately licensed and such licenses are maintained throughout the construction of the Required Improvements and the operation of the project when applicable. Developer shall ensure that all contractors utilized by Developer, subcontractors utilized by Developer's general contractor in the construction of the Required Improvements, or vendors utilized by Developer in the operation of the project are not debarred or suspended from performing the contractor's, subcontractor's or vendor's work by the City, the State of Texas, or the Federal government. For purposes of this Contract, the term "vendors" does not include suppliers or materialmen. Developer acknowledges that 2 CFR Part 200 forbids Developer from hiring or continuing to employ any contractor, subcontractor or vendor that is listed on the Federal System for Award Management, www.sam.gov ("SAM"). Developer must confirm by search of SAM that all contractors, subcontractors or vendors are not listed by SAM as being debarred, both prior to hiring and prior to submitting a Reimbursement Request which includes invoices from any such contractor, subcontractor, or vendor. Failure to submit such proofs of search shall be an event of default. In the event that City determines that any contractor, subcontractor or vendor has been debarred, suspended, or is not properly licensed, Developer or Developer's general contractor shall immediately cause such contractor, subcontractor or vendor to immediately stop work on the project and Developer shall not be reimbursed for any work performed by such contractor, subcontractor or vendor. However, this Section should not be construed to be an assumption of any responsibility or liability by City for the determination of the legitimacy, quality, ability, or good standing of any contractor, subcontractor or vendor. Developer acknowledges that the provisions of this Section pertaining to the SAM CONTRACT AMENDMENT 2 to CSC No.45983 Page 2 Tarrant County Housing Partnership, Inc.—3624 Eagle Nest St. Rev. 12/2016 shall survive the termination of this Contract and be applicable for the length of the Affordability Period." Section 8 Additional HOME Requirements is amended to read as follows beginning in Subsection 8.6 and ending with Subsection 8.14: "8.6 Developer Procurement Standards. Developer shall ensure that procurement of materials and services is done in a cost effective manner. Developer shall comply with all applicable federal, state and local laws, regulations, and ordinances for making procurements under this Contract. Developer shall establish written procurement procedures to ensure that materials and services are obtained in a cost effective manner. 8.7 Cost Principles/Cost Reasonableness. The eligibility of costs incurred for performance rendered shall be determined in accordance 2 CFR Part 200.402 through 2 CFR Part 200.405, as applicable, regarding cost reasonableness and allocability. 8.8 Financial Management Standards. Developer agrees to adhere to the accounting principles and procedures required in 2 CFR Part 200, as applicable, utilize adequate internal controls, and maintain necessary supporting and back-up documentation for all costs incurred in accordance with 2 CFR Part 200.302 and Part 200.303. 8.9 Uniform Administrative Requirements. Developer will comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200, as applicable, or any reasonably equivalent procedures and requirements that City may require. 8.10 Compliance with FFATA and Whistleblower Protections. Developer shall provide City with all necessary information for City to comply with the requirements of 2 CFR 300(b), including provisions of the Federal Funding Accountability and Transparency Act ("FFATA") governing requirements on executive compensation and provisions governing whistleblower protections contained in 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324,41 U.S.C. 4304 and 41 U.S.C. 4310. 8.10.1 Developer shall provide City its DUNS number prior to the payment of any Reimbursement Requests. 8.11 Internal Controls. In compliance with the requirements of 2 CFR 200.303, Developer shall: 8.11.1 Establish and maintain effective internal control over the HOME Funds that provides reasonable assurance that Developer is managing the HOME Funds in compliance with federal statutes, regulations, and the terms and conditions of this Contract. These internal controls shall be in compliance with guidance in "Standards for Internal Control in the Federal Government" issued by the Comptroller General of the CONTRACT AMENDMENT 2 to CSC No.45983 Page 3 Tarrant County Housing Partnership,Inc.—3624 Eagle Nest St. Rev. 12/2016 United States or the "Internal Control Integrated Framework" issued by the Committee of Sponsoring Organizations of the Treadway Commission("COSO"); 8.11.2 Comply with federal statutes, regulations, and the terms and conditions of this Contract; 8.11.3 Evaluate and monitor Developer's compliance with statutes, regulations and the terms and conditions of this Contract; 8.11.4 Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; and 8.11.5 Take reasonable measures to safeguard protected personally identifiable information and other information that HUD or City designates as sensitive or Developer considers sensitive consistent with applicable federal, state, local and tribal laws regarding privacy and obligations of confidentiality. 8.12 Copyright and Patent Rights. No reports, 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 Developer. HUD and City shall possess all rights to invention or discovery, as well as rights in data which may arise as a result of Developer's performance under this Contract. 8.13 Terms Applicable to Contractors, Subcontractors and Vendors. Developer understands and agrees that all terms of this Contract, whether regulatory or otherwise, shall apply to any and all contractors, subcontractors and vendors of Developer which are in any way paid with HOME Funds or who perform any work in connection with the project. Developer shall cause all applicable provisions of this Contract to be included in and made a part of any contract or subcontract executed in the performance of its obligations hereunder, including its obligations regarding the Affordability Requirements and the HOME Regulations during the Affordability Period. Developer shall monitor the services and work performed by its contractors, subcontractors and vendors on a regular basis for compliance with the Affordability Requirements, the HOME Regulations and Contract provisions. Developer is responsible to cure all violations of the HOME Regulations committed by its contractors, subcontractors or vendors. City maintains the right to insist on Developer's full compliance with the terms of this Contract and the HOME Regulations and Developer is responsible for such compliance regardless of whether actions to fulfill the requirements of this Contract or the HOME Regulations are taken by Developer or by Developer's contractors, subcontractors or vendors. Developer acknowledges that the provisions of this Section shall survive the earlier termination or expiration of this Contract and be applicable for the length of the Affordability Period and for 5 years thereafter. 8.14 Payment and Performance Bonds. Subject to the requirements of 2 CPR Part 200, Developer shall furnish City with payment and performance bonds in a form acceptable to City in the amount of the construction cost for the project but not less than $172,680.84, which is the total amount CONTRACT AMENDMENT 2 to CSC No.45983 Page 4 Tarrant County Housing Partnership,Inc.—3624 Eagle Nest St. Rev. 12/2016 of the HOME Loan. At City's discretion, other forms of assurance may be acceptable so long as they meet the requirements of the HOME Regulations." The first sentence of Section 11.12 Termination for Convenience. is amended to be and read as follows: "In terminating in accordance with 2 CFR 200, Appendix II, this Contract may be terminated in whole or in part only as follows:" Section 14.10 Compliance With All Applicable Laws and ReLulations is amended by adding the following: ➢ "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200 et seq. ➢ Federal Funding Accountability and Transparency Act of 2006 ("FFATA") (Pub.L.109-282, as amended by Section 6205(a) of Pub.L. 110-252 and Section 3 of Pub.L.113-101) ➢ Federal Whistleblower Regulations, as contained in 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310." Section 14.13 Prohibition Against Interest / Conflict of Interest. is amended to read as follows: "14.13. Conflict of Interest and Violations of Criminal Law. 14.13.1 Developer Safeguards. Developer shall establish safeguards to prohibit its employees, board members, advisors and agents from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. Developer shall disclose to City any conflict of interest or potential conflict of interest described above, immediately upon discovery of such. 14.13.2 General Prohibition Against Conflicts of Interest. No persons who are employees, agents, consultants, officers or elected officials or appointed officials of City or of Developer who exercise or have 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 occupy a HOME Unit, 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 1 year thereafter, unless they are accepted in accordance with the procedures set forth at 24 C.F.R. Part 92.356. 14.13.2.1 Developer shall establish conflict of interest policies for Federal Awards and shall provide such policies in writing to City in accordance with the requirements of 2 CFR Part 200.112. CONTRACT AMENDMENT 2 to CSC No.45983 Page 5 Tarrant County Housing Partnership,Inc.—3624 Eagle Nest St. Rev. 12/2016 14.13.3 Disclosure of Conflicts of Interest. In compliance with 2 CFR Part 200.112, Developer is required to timely disclose to City in writing any potential conflict of interest, as described in this Section. 14.13.4 Disclosure of Texas Penal Code Violations. Developer affirms that it will adhere to the provisions of the Texas Penal Code which prohibits bribery and gifts to public servants. 14.13.5 Disclosure of Federal Criminal Law Violations. In compliance with 2 CFR Part 200.113, Developer is required to timely disclose to City all violations of federal criminal law involving fraud, bribery or gratuity violations potentially affecting this Agreement." The first sentence of Section 17. INSURANCE AND BONDING is amended to be and read as follows: "Developer will maintain coverage in the form of insurance or bond in the amount of $172,680.84 to insure against loss from the fraud, theft or dishonesty of any of Developer's officers, agents, trustee, directors or employees." III. Exhibit "B" - Budget Revised 9/2015, and Exhibit "C" - Project and Reimbursement Schedule Revised 9/2015 attached to the Contract are hereby replaced with Exhibit `B" - Budget Revised 12/2016, and Exhibit "C" - Project and Reimbursement Schedule Revised 12/2016 attached hereto. IV. This amendment is effective as of the Effective Date of the Contract, except that the amendment to Section 17 is effective as of the date of this amendment. VII. All other terns and conditions of City Secretary Contract No. 45983 not amended herein remain unaffected and in full force and effect, are binding upon the Parties, and are hereby ratified by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the Contract. [SIGNATURES APPEAR ON NEXT PAGE] CONTRACT AMENDMENT 2 to CSC No.45983 Page 6 Tarrant County Housing Partnership, Inc.—3624 Eagle Nest St. Rev. 12/2016 ACCEPTED AND AGREED: °°C ATTEST: F FORT WORTH G O `aU O O dity'Secretw U , J mando Costa, Assistant City Manager M&C G-18793 Date: 8/9/2016 ate: /,Z 2zAG Form 1295• L4 Y67( PROVED AS TO FORM AND LEGALITY: Paige Me ane,Assistant City Attorney TARRANT COUNTY HOUSING PARTNERS Texas "fit o ation By: bo ess,P nt Date: / CONTRACT AMENDMENT 2 to CSC No.45983 X- _. __ Page 7 Tarrant County Housing Partnership,Inc.—3624 Eagle Nest St. Rev. 12%2016 EXHIBIT "B" BUDGET REVISED 12/2016 TARRANT COUNTY HOUSING PARTNERSHIP, INC. 3624 EAGLE NEST ST. Development Budget Use of Funds Source of Funds HOME$ OTHER$ SOURCE OF OTHER TOTAL$ FUNDS FUNDS FUNDS FUNDS (1) (2) (Names) (1+2) Predevelopment Cost 1.Market Study 111.11 111.11 2.Feasibility(i.e.:preliminary work 3.975.76 3.975.76 write-up, cost estimates, design) 3. Other: Survey 250.00 250.00 Total Predevelopment Cost(1+2+3) 4,336.87 4,336.87 Development Cost 4.Land and/or building acquisition 7,316.21 7,316.21 5.Utilities and Impact Fees 2,819.49 2,819.49 6. Construction Cost 155,208.27 155,208.27 7.Architect&Engineering Fees 3,000.00 3,000.00 8.Listing/Closing costs 19,045.83 Proceeds of Sale 19,045.83 Total Development Cost(Total of items 168,343.97 187,389.80 4-8 Total Predevelopment and 172,680.84 191,726.67 Development Funds Developer Fee(10% of Total 17,268.08 17,268.08 Predevelopment and Development Funds Funds) Total with Developer Fee 189,948.92 19,045.83 208,994.75 *Developer Fee shall be paid from HOME Funds by invoice after the closing of the sale of the house to a HOME Eligible Buyer. The Developer Fee consists of 10% of the total of HOME Funds Total Predevelopment and Development Funds. City in its sole discretion may elect to pay a portion of the Developer Fee before closing. "Seller-paid closing costs as shown on the Closing Disclosure paid from gross sales proceeds from the sale of the house. CONTRACT AMENDMENT 2 to CSC No.45983 Page 8 Tarrant County Housing Partnership,Inc.—3624 Eagle Nest St. Rev. 12/2016 EXHIBIT "C" PROJECT AND REIMBURSEMENT SCHEDULE REVISED 12/2016 TARRANT COUNTY HOUSING PARTNERSHIP, INC. 3624 EAGLE NEST ST. Phase Activity Beginning Week—subject to weather permitting PHASE I ACTIVITIES: Acquisition Construction: Foundation PHASE I DEADLINE: 0.00 5/31/2015 1st Payment* PHASE H ACTIVATES: Utility Hookup/Temporary Utilities/Impact Fees Construction: materials,roofing Developer Fee(partial) PHASE H DEADLINE: 2°a Payment* 105,000.00 6/30/2015 PHASE III ACTIVHTES: Utility Hookup/Temporary Utilities/Impact Fees Construction: plumbing, electrical, brick PHASE IH DEADLINE: 12/31/2015 3 Payment* 25,000.00 PHASE IV ACTIVATES: Utility Hookup/Temporary Utilities/Impact Fees Construction: storage, security PHASE IV DEADLINE: 4ch Payment* 20,000.00 3/31/2016 PHASE V ACTIVITIES Utility Hookup/Temporary Utilities/Impact Fees Construction: storage, security,mailbox PHASE V DEADLINE: 5th Payment* 25,000.00 7/31/2016 TOTAL 172,680.84 DEVELOPER FEE** Paid after closing of sale to HOME Eligible 17,268.08 Buyer *Developer will be reimbursed for eligible expenses only. The amounts are estimates and are subject to change. **10% of project related development costs as shown on Exhibit"C"-Budget. CONTRACT AMENDMENT 2 to CSC No.45978 Page 9 Tarrant County Housing Partnership,Inc.—3624 Eagle Nest St. Rev. 12/2016 M&C Review Page 1 of 6 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA 'oRr COUNCIL ACTION: Approved on 8/9/2016 - Ordinance No. 22351-08-2016 CONTINUED FROM A PREVIOUS WEEK DATE: 8/2/2016 REFERENCE G-18793 LOG NAME: 19NS HUDACTIONPLANPY2016- NO.: 2017 CODE: G TYPE: NON- PUBLIC YES CONSENT HEARING: SUBJECT: Conduct Two Public Hearings and Approve the City's 2016-2017 Action Plan for the Use of Federal Grant Funds in the Amount of$10,094,608.00 from the United States Department of Housing and Urban Development from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS Grant Programs, Authorize Collection and Use of Program Income, Authorize Waiver of Application of Indirect Cost Rates, Authorize Execution of Related Contracts and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Conduct two public hearings to allow citizen input and consideration of the City's 2016-2017 Action Plan for use of federal grant funds from the United States Department of Housing and Urban Development in the amount of$10,094,608.00 for the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Person with AIDS grant programs and for the use of program income from activities using prior years' federal grant funds; 2. Approve the City's 2016-2017 Action Plan for submission to the United States Department of Housing and Urban Development including allocations of grant funds to particular programs and activities as detailed below; 3. Authorize the collection and use of an estimated $130,000.00 of program income, which resulted from activities using prior years' Community Development Block Grant fund, for the City's Priority Repair Program; 4. Authorize the collection and use of an estimated $1,200,000 of program income, which resulted from activities using prior years' HOME Investment Partnerships Program funds, for the completion of the Hardy and HFC Terrell Single-Family housing development projects and 10 percent for administrative costs as detailed below; 5. Authorize the City Manager or his designee to execute contracts for one-year terms with the agencies listed in Tables 1, 2 and 3 below, for Program Year 2016-2017 for Community Development Block Grant, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding and satisfactory completion of an Environmental Review and all regulatory requirements; 6. Authorize the City Manager or his designee to extend the contracts for up to one year if an agency or department requests an extension and such extension is necessary for completion of the program or to amend the contracts if necessary to achieve program goals provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use of federal grant funds; 7. Authorize a waiver of indirect cost rates as applicable for the Grants Fund in accordance with the City's Administrative Regulations; and http://apps.cfwnet.org/council_packet/me—review.asp?ID=22553&councildate=8/9/2016 M&C Review Page 2 of 6 8. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations to the Grants Fund in the total amount of$10,094,608.00 consisting of$6,414,009.00 in Community Development Block Grant funds, $2,078,039.00 in HOME Investment Partnerships Program funds, $570,031.00 in Emergency Solutions Grant funds and $1,032,529.00 in Housing Opportunities for Persons with AIDS grant funds, plus any program income, all subject to receipt of such funds. DISCUSSION: The City's 2016-2017 Action Plan summarizes the major housing and community development activities and proposed expenditures for the program year beginning October 1, 2016 and ending September 30, 2017 for use of federal grant funds totaling $10,094,608.00 from the United States Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG) and Housing Opportunities for Persons with AIDS (HOPWA) grant programs. It also summarizes the use of program income resulting from activities using prior years' CDBG and HOME funds, for which the primary purpose is to benefit low and moderate income City of Fort Worth residents. ESG funds primarily benefit homeless persons and HOPWA funds primarily benefit low and moderate income persons with HIV/AIDS. Staff developed initial recommendations for the allocation of the estimated funding from HUD, which were adopted by the Community Development Council (CDC) on May 11, 2016 and were presented to the Housing & Neighborhood Services Committee on May 3, 2016 and to the City Council at the Pre-Council meeting on June 7, 2016. After these presentations, Staff developed revised recommendations which were to be presented to the CDC at its meeting on July 13, 2016, but the meeting was not held due to the lack of a quorum. A full explanation of revisions, including a comparison of the initial recommendations to the revised recommendations, are set forth in the informal report presented to the City Council on August 2, 2016. Notice of a 30-day public comment period from July 1, 2016 to August 1, 2016 was published in the Fort Worth Star-Telegram on June 30, 2016. Any comments received are maintained by the Neighborhood Services Department in accordance with federal regulations. The City is required to hold two public hearings as part of the HUD-required citizen participation process. Initially, the first public hearing was scheduled to be held at the CDC meeting on July 13, 2016 with a second public hearing scheduled for August 2, 2016 at the City Council meeting. Because the CDC was unable to meet on July 13, 2016, these dates were amended to reflect the first public hearing at the City Council meeting on August 2, 2016 with the second public hearing to be held at the City Council meeting on August 9, 2016. Due to the revised hearing dates, the public comment period was extended until August 8, 2016 and a notice of public hearings and extension of public comment period was published in the Fort Worth Star-Telegram on July 17, 2016. A summary of the Staffs final funding recommendations is provided below and in Tables 1, 2 and 3. Additionally, a spreadsheet of all specific funding recommendations is attached. The 2016-2017 Action Plan must be submitted to HUD by August 15, 2016. A waiver of indirect costs is being requested. CDBG For Program Year 2016-2017, it is recommended that the amount of$6,414,009.00 in CDBG funds and the estimated amount of$130,000.00 of CDBG program income totaling $6,544,009.00 be allocated as follows: Public Services -$962,101.00 This item includes social services for low to moderate income, disabled and disadvantaged populations. Housing Program Services -$2,133,328.20 This item includes funding for the City's Priority Repair Program, Cowtown Brush-Up, homebuyer and http://apps.cfwnet.org/council_packet/mc review.asp?ID=22553&councildate=8/9/2016 M&C Review Page 3 of 6 housing services, accessibility modifications to the homes of senior and/or disabled individuals and related project delivery costs for these programs. Infrastructure Projects & Public Facilities - $1,295,000.00 This item includes funding for the SafeHaven of Tarrant County: Domestic Violence Shelter ADA Improvements, CFW Planning & Development: Lake Como Neighborhood Sidewalk and Lighting Project (Phase II), CFW Parks & Recreation Department: Bunche Park and CFW Code Compliance: Neighborhood Improvements - Demolition and Clearance. CDBG Economic Development -$740,778.80 This item is the City's annual payment on its Section 108 loan from HUD. This item is the City's annual payment of its Section 108 loan from HUD. The Section 108 Program is a loan guarantee program, which enables CDBG grantees to borrow up to five times the annual entitlement grant. CDBG Estimated Program Income -$130,000.00 This item includes funding for the City's Priority Repair Program. CDBG program income that is received which is over the estimated amount but not used for the City's Priority Repair Program will be allocated to priority activities in the City's Consolidated Plan subject to Council approval. CDBG General Administration -$1,282,801.00 This item includes costs for administering the CDBG grant including allocations for Financial Management Services, Internal Audit, Planning and Development Departments. HOME For Program Year 2016-2017, it is recommended that the amount of$2,078,039.00 in HOME funds and the estimated amount of$1,200,000.00 of HOME program income be allocated as follows: Homebuyers Assistance Program (HAP) -$960,236.00 This item includes funding for down payment and/or closing cost assistance to low and moderate income homebuyers. Community Development Housing Organizations (CHDO) Set Aside -$402,500.00 HUD requires that a minimum of 15 percent of HOME funds be allocated to CHDO's for affordable housing projects and CHDO administrative operating costs. These funds will be used by Tarrant County Housing Partnership, Inc. (TCHP), a CHDO, for the completion of the Hillside/Morningside Single-Family Infill Development (COUNCIL DISTRICT 8). The houses will be sold to homebuyers making at or below 80 percent of the area median income as set by HUD. Rental Housing Development—$507,500.00 This item includes the construction of seven one-bedroom accessible apartments by Mental Health Housing Development Corporation to serve citizens that are low-to-moderate income and disabled (COUNCIL DISTRICT 3). HOME General Administration —$207,803.00 This item includes costs for administering the HOME grant. HOME Estimated Program Income -$1,200,000.00 http://apps.efwnet.org/council_packet/mc_review.asp?ID=225 5 3&councildate=8/9/2016 M&C Review Page 4 of 6 This item includes funding for completion of the Hardy and HFC Terrell Single-Family Infill Projects. HOME program income that is received which is over the estimated amount but not used for the Hardy and HFC Terrell Single-Family Infill Projects will be allocated to priority activities in the City's Consolidated Plan subject to Council approval. HUD allows the City to take 10 percent of any HOME program income to be used for the costs for administering the HOME grant. HOPWA For Program Year 2016-2017, it is recommended that the amount of$1,032,529.00 in HOPWA funds be allocated as follows: Non-Profit Service Providers -$1,001,554.00 HOPWA Program Administration —$30,975.00 ESG For Program Year 2016-2017, it is recommended that the amount of$570,031.00 in ESG funds be allocated as follows: Non-Profit Service Providers -$527,279.00 ESG Program Administration —$42,752.00 CONTRACT RECOMMENDATIONS The CDC and Staff recommend that contracts be executed with the listed agencies for the amounts shown in the following tables: Community Development Block Grant Contracts: Table 1 —CDBG Agencies Organization Program Amount AB Christian Learning Center After-School Tutoring $ 45,486.00 Camp Fire First Texas Step Up Program $ 78,905.00 Cenikor Foundation Substance Abuse Services $ 110,000.00 Girls Inc. of Tarrant County Education, Prevention and $ 110,000.00 Leadership Program Meals on Wheels Inc. of Tarrant Home Delivered Meals $ 75,000.00 County Presbyterian Night Shelter Moving Home Program $ 75,000.00 Senior Citizen Services of Greater Connecting Seniors to the $ 100,000.00 Tarrant County, Inc. Community Tarrant County Housing Homebuyer Counseling $ 116,000.00 Partnership, Inc. and Education The Ladder Alliance Computer Skills Training $ 86,710.00 Program United Community Centers Educational Enrichment $ 90,000.00 Program YMCA of Metropolitan Fort Worth Early Childhood Education $ 75,000.00 CDBG Public Service Subtotal $ 962,101.00 http://apps.cfwnet.org/council_packet/me—review.asp?ID=22553&councildate=8/9/2016 M&C Review Page 5 of 6 Rehabilitation, Education and Project Ramp $ 100,000.00 Advocacy for Persons with Handicaps, dba REACH, Inc.** Total CDBG Contracts $1,062,101.00 **REACH will be funded from the CDBG Housing Programs and Services budget Housing Opportunities For Persons With AIDS Contracts: Table 2 — HOPWA Agencies Organization Program Amount Tarrant County Samaritan Housing, Administration (seven $ 485,844.00 Inc. percent), Supportive Services and Facility Based housing Subsidy Assistance AIDS Outreach Center, Inc. Supportive Services, $ 515,710.00 Tenant Based Rental Assistance (TBRA), and Short Term Rent Mortgage and Utility Assistance (STRMU) Total HOPWA Contracts 1 $1,001,554.00 Emergency Solutions Grant Contracts: Table 3 — ESG Agencies Organization Program Amount Presbyterian Night Shelter Emergency Shelter and $100,275.00 Case Management SafeHaven of Tarrant County SafeSolutions for Fort $ 75,000.00 Worth Day Resource Center for the Homeless Day Shelter $141,092.00 Homeless The Salvation Army, a Georgia Home Sweet Home- $116,360.00 Corporation Homeless Prevention Center for Transforming Lives Rapid Rehousing $ 94,552.00 Total ESG Contracts $527,279.00 These programs are available in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, adoption of the attached appropriation ordinance and receipt of grant funds, funds will be available in the current operating budget, as appropriated, of the Grants Fund. This is a reimbursement grant. The Neighborhood Services Department has the responsibility to validate the availability of funds prior to an expenditure being made. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) http://apps.cfwnet.org/council_packet/me_review.asp?ID=225 53&councildate=8/9/2016 M&C Review Page 6 of 6 TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) 21001 0190463 4310013 10XXXX CDBG 9919XX $6,4141009.0 21001 0190463 5XXXXXX 10XXXX CDBG 9919XX $6,414,009.00 21001 0190463 4310013 10XXXX HOME 9919XX $2,078,039.00 21001 0190463 5XXXXXX 10XXXX HOME 9919XX $2,078,039.00 21001 0190463 4310013 1OX>= ESG 9919XX $570,031.00 21001 0190463 5XXXXXX 10XXXX ESG 9919XX $570,031.00 21001 0190463 4310013 10XXXX HOPWA 9919XX $1,032,529.00 21001 0190463 5XXXXXX 10XXXX HOPWA 9919XX $1,032,529.00 21001 0190463 4921001 10XXXX CDBG 9919XX $130,000.00 21001 0190463 5XXXXXX 10XXXX CDBG 9919XX $130,000.00 21001 0190463 4921001 10XXXX HOME 9919XX $1,200,000.00 21001 0190463 5XXXXXX 10XXXX HOME 9919XX $1,200,000.00 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID I I Year (Chartfield 2) Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Aubrey Thagard (8187) Additional Information Contact: Diana Carranza (7369) Barbara Asbury (7331) ATTACHMENTS 19NS HUDACTIONPLAN PY2016-2017 Grant AO.docx Action Plan 16-17 FINAL MandC Slides.pdf Form 1295.pdf SAM Search.pd http://apps.cfwnet.org/council_packet/me_review.asp?ID=22553&councildate=8/9/2016 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos,1,2,3,5,and 6 if there are no interested parties, CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-148676 Tarrant County Housing Partnership, Inc. Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form Is 12/22/2016 being filed. City of Fort Worth Datecknowle_ , ed:,/ 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and ppro/Jvide a description of the services,goods,or other property to be provided under the contract. 45977 Development of affordable housing. Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party, X 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. RACHAEL FIERRO (4--, _ 1 Notary ID # 111709754 - 1 My Commission Expires r / February 23,2019 ur f t adzed ent contracting business entity AFFIX NOTARY STAMP/SEAL ABOVEo e7 Sworn to and subscribed before me,by the said this the day of 20to certify which,witness my hand and seal of office. Qtl'atLl t of ifficer administering oath Printed name of officer administering oath Title of officer admini tering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277