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CONTRACT NO.
AMENDMENT TO CITY SECRETARY
CONTRACT NO. 29276
WHEREAS, on November 4, 2003, the City of Fort Worth ("City") and Carver Heights East
Redevelopment Corporation ("CHERC") made and entered into City Secretary Contract No. 29276
(the "Original Contract") as authorized by M&C C-19733 adopted by the City Council on August 26,
2003;
WHEREAS, Carver Heights East ("CHE") won the City's fourteenth Model Blocks
designation in February 2003 and the Original Contract with CHERC is part of the overall community
revitalization strategy for CHE;
WHEREAS, the Original Contract provided funding to CHERC pursuant to a grant received
by City from the United States Department of Housing and Urban Development ("HUD") through the
HOME Investment Partnerships Program ("HOME") Program No. M-03-MC-48-0204, Catalog of
Federal Domestic Assistance ("CFDA") No. 14.218, to implement a comprehensive strategy for
revitalization of the Carver Heights East ("CHE")Model Blocks area;
WHEREAS, the primary purpose of the HOME program ("HOME Program") pursuant to the
HOME Investment Partnerships Act at Title II of the Cranston Gonzales National Affordable
Housing Act of 1990, as amended, 42 U.S.C. 12701 et seq. ("NAHA") and the HOME Investment
Partnerships Program Final Rule, as amended, 24 CFR Part 92 et seq. (the "HOME Regulations" or
"Regulations") is to benefit low income citizens by providing them with affordable housing;
WHEREAS, the Original Contract provided CHERC with HOME Funds not to exceed ONE
HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($150,000.00) to be used for housing
development activities and CHERC needs more time to complete its revitalization goals;
WHEREAS, the Original Contract provided for a two (2) year term from the date of its
execution and also provided for renewals, upon CHERC's written request, in increments of one (1)
year. City and CHERC continued to operate after the Original Contract expired on November 3, 2005
as if it was still in effect but now mutually desire to extend and amend the Original Contract to
achieve CHE's revitalization goals pertaining to housing development;
WHEREAS, it is the mutual desire of City and CHERC to extend and amend City Secretary
Contract No. 29276 by modifying the terms of the Original Contract and incorporating their agreement
as set forth below, which agreement shall substitute for and supersede the terms of the Original
Contract. (Sometimes City and CHERC are referred to individually as a "Party" and collectively as
the "Parties").
NOW THEREFORE, City, whose address is 1000 Throckmorton St., Fort Worth TX 76102,
acting by and through Dale A. Fisseler, its duly authorized Assistant City Manager, and CHERC,
whose address is P.O. Box 50785, Fort Worth, Texas 76105, acting by and through Melinda
Hamilton, its duly authorized Executive Director, in consideration of the mutual agreements in the
Original Contract as amended and extended, do hereby agree as follows: `
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The following is substituted for and supersedes the Original Contract in its entirety:
NOW THEREFORE, THIS AGREEMENT FURTHER WITNESSETH:
1. GENERAL PROVISIONS
A. Purpose
The express purpose of this Contract is to provide CHERC with HOME funds ("HOME
Funds") not to exceed ONE HUNDRED NINETEEN THOUSAND FOUR HUNDRED THIRTEEN
AND 92/100 Dollars ($119,413.92) for developing affordable housing either through new
construction or acquisition and rehabilitation of existing houses in the Carver Heights East ("CHE")
Model Blocks area for sale to eligible low-income homebuyers (the "Program"). The development
by CHERC of two (2) houses for sale to eligible low income homebuyers will be in accordance with
the attached Exhibit"A"—Program Summary.
In the Original Contract, CHERC received a total of TWO HUNDRED THOUSAND AND
NO/100 DOLLARS ($200,000.00) in HOME Funds of which ONE HUNDRED FIFTY
THOUSAND AND NO/100 DOLLARS ($150,000.00) was to be used for housing development
activities, and FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) was to be used for direct
Program delivery and related soft costs in accordance with Section 92.206(d) of the Regulations. The
HOME Funds described in this Contract are the remainder of that original award.
CHERC will act as a subrecipient for purposes of this Contract as defined in the HOME
Regulations.
The HOME Funds must be used in connection with the Program for eligible activities and
costs allowed under the HOME Regulations including acquisition costs, development hard costs and
related soft and predevelopment costs as more specifically described in 24 CFR Part 92.206. Eligible
activities and costs may include those activities and costs directly related to the Program that were
incurred prior to the date of execution of this Contract. It is specifically understood that City within
its sole discretion shall determine whether any such activities and costs incurred prior to the date of
execution of this Contract shall be paid to CHERC. HOME Funds will be disbursed to CHERC on a
reimbursement basis upon CHERC's written request in accordance with City Housing Department's
Disbursement Policy for Community Housing Development Organizations, Model Blocks and
Subrecipients. Proceeds from the sale of the two (2) homes shall be returned to City to be deposited
in City's HOME Investment Trust Fund local account
City shall act through its agent, the City Manager, or his or her duly authorized representative,
unless otherwise stated in this Contract. CHERC agrees to comply with the HOME Regulations
including, if applicable, the Uniform Administrative Requirements, 24 CFR Part 92.505, and Subpart
F, the Project Requirements, 24 CFR Part 92.250 et seq.
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Carver Heights East Redevelopment Corp. Rev. 5-30-06
B. Duration
The term of this Contract begins on the date of execution and terminates one (1) year
thereafter except for any applicable obligations relating to insuring affordability as hereinafter
described.
C. Income Eligibility and Use of House as Principal Residence
The income targeting requirements for the HOME Program and for construction projects
assisted with HOME Funds are contained in 92 CFR Part 203(b). Annual income is used to
establish homebuyer eligibility. The definition of annual income to determine homebuyer
eligibility under this Contract shall be the definition contained in 92 CFR Part 203(b)(2) as
amended from time to time. The annual income of a homebuyer, adjusted for family size, shall
not exceed eighty percent (80%) of the area median income established by HUD. CHERC shall
use the most current HUD Income Guidelines and Technical Guidance for Determining Income
and Allowances to determine a homebuyer's eligibility for the Program.
CHERC shall insure that each homebuyer will use the house purchased under this
Program as his or her principal residence during the affordability period, as hereinafter defined.
D. Housing Standards
Housing units developed with HOME Funds furnished under this Contract shall meet all
City Building Codes, ordinances and standards.
E. Other Requirements
The sale price of each house constructed and sold under this Contract shall not exceed
ninety-five percent (95%) of the median sales price of the same type of single-family housing
located within the City as determined by HUD.
The sale price of each house shall not exceed the appraised value of such house as
determined by an independent, licensed appraiser.
Housing assisted with HOME Funds under this Contract will remain affordable for the
affordability period as described below. Affordable means that the homebuyer's monthly
payment of principal, interest, property taxes, and insurance does not exceed thirty percent (30%)
of the monthly adjusted income of a family with an income at or below eighty percent (80%) of
the median income of the area, adjusted for family size, as established by HUD. In the case of
new home construction, the percentage of the homebuyer's monthly adjusted income shall not
exceed thirty-two percent (32%).
F. Independent Contractor
CHERC shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of City. CHERC shall have exclusive control of, and the exclusive right to
control, the details of the work and services performed hereunder, and all persons performing
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Carver Heights East Redevelopment Corp. Rev. 5-30-06
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 CHERC, 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 CHERC.
It is expressly understood and agreed that no officer, member, agent, employee, contractor,
licensee or invitee of CHERC, nor any Program participant, 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
CHERC, its officers, members, agents, employees, contractors, Program participants, licensees
or invitees.
City shall in no way nor under any circumstances be responsible for any property
belonging to CHERC, its officers, members, agents, employees, contractors, Program
participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged;
and CHERC hereby indemnifies and holds harmless City and its officers, agents, and employees
from and against any and all claims or suits pertaining or connected with such property.
G. Termination
The City may terminate this Contract in the event of CHERC's default, inability, or
failure to perform, or otherwise whenever such termination is determined by the City to be in the
City's best interest. Likewise, CHERC may terminate this Contract if the City does not provide
the HOME Funds set forth in this Contract. The Contract may be terminated for mutual
convenience upon written agreement of the Parties.
CHERC agrees that any provisions of this Contract that pertain to affordability,
homebuyer eligibility, and City Building Codes, ordinances and standards, as well as any
applicable HOME requirements shall survive the termination of this Contract.
CHERC shall begin construction work within four (4) months from the date this
Contract is executed. Failure to begin construction work within four (4) months shall be grounds
for termination of this Contract.
City shall notify CHERC in writing of any breach of this Contract. CHERC shall have
fourteen (14) days within which to cure the particular breach. If CHERC fails to cure the breach,
this Contract shall automatically terminate at the expiration of the stated time allowed for cure.
CHERC will return to City any unused HOME Funds previously distributed under this
Contract within thirty (30) days of the effective date of Contract termination. City will have no
responsibility or liability for CHERC's expenditures or actions occurring after the effective date
of Contract termination.
H. Venue
Venue for any action, whether real or asserted, at law or in equity, arising out of the
execution, performance, attempted performance or non-performance of this Contract, shall lie in
Tarrant County, Texas.
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Carver Heights East Redevelopment Corp. Rev.5-30-06
I. Written Instrument is Entire Agreement
All terms of this Contract shall apply to any and all contractors of CHERC which are in
any way paid with HOME Funds or who perform any work in connection with CHERC's
Program.
The provisions of this Contract are severable, and, if for any reason a clause, sentence,
paragraph or other part of this Contract shall be determined to be invalid by a court or Federal or
state agency, board or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect other provisions which can be given effect without the invalid
provision.
The failure of the City to insist upon the performance of any term or provision of this
Contract or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of the City's right to assert or rely upon any such term or right on
any future occasion.
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.
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
A. Disbursement of Funds
The City will furnish HOME Funds for use as stated herein. City will monitor the
use of the HOME Funds at least annually to ensure that they are being used appropriately and in
conformance with the provisions of this Contract and the HOME Regulations. Funds shall be
disbursed after execution of this Contract and in compliance with the provisions hereof.
Disbursements of HOME Funds will not be made until actually needed, and payment shall
require completion of all appropriate City forms and copies of adequate supporting
documentation verifying the eligibility of activities and expenses. CHERC shall furnish City a
duplicate original of its construction contract with its builder(s) prior to any HOME Funds being
disbursed hereunder. Such construction contract shall be in the form as the attached Exhibit"E"
— Contract for Construction. No additional HOME funds will be disbursed if City has not
received the necessary financial reports that account for previously disbursed HOME Funds.
Reimbursement of eligible expenses shall be made against line items in the attached Exhibit"B"
- Program Budget. CHERC may not increase or decrease line-item amounts in the Program
Budget without City's prior written approval. To further the purposes of the Program and only
as requested in writing by CHERC, City may disburse HOME Funds pay CHERC's vendors or
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Carver Heights East Redevelopment Corp. Rev. 5-30-06
contractors directly, in accordance with the City Housing Department's Disbursement Policy for
CHDOs, Model Blocks, and Subrecipients. All work items must pass inspection by City's
Housing Department inspectors as evidenced by a completed inspection form to be furnished by
City prior to the release of HOME Funds for construction work draws. Construction costs will be
payable in accordance with a draw schedule based on the extent of completion of each house as
approved by City Housing Department inspectors.
B. Amount of Funds
It is agreed that the total distribution of HOME Funds made available to be paid on behalf
of CHERC during the term of this Contract shall not exceed the total sum of ONE HUNDRED
NINETEEN THOUSAND FOUR HUNDRED THIRTEEN AND 92/100 Dollars ($119,413.92).
3. DUTIES AND RESPONSIBILITIES OF CHERC
A. Statement of Work
CHERC will utilize HOME Funds to provide affordable housing opportunities to
persons who are low income citizens by developing two (2) housing units in the Carver Heights
East Model Blocks area. All houses constructed with HOME Funds must meet all HOME
Program requirements. All homebuyers who purchase a house constructed with HOME Funds
must also meet all HOME Program requirements. CHERC shall timely furnish City all
documentation necessary to show that both the house and the homebuyer are HOME eligible and
meet all City and HOME Program requirements. Such requirements shall include but not be
limited to copies of all documents necessary for City to verify that the house, the homebuyer and
homebuyer's first lien mortgage meet all HOME Program and City requirements. CHERC will
ensure that all homebuyers complete a homeownership training program prior to the completion
of their purchase of a house constructed under the Program.
B. Budget
CHERC agrees that the HOME Funds will be expended in accordance with Exhibit"B"
- Program Budget. Under no circumstances shall the total amount of Program funds expended
by CHERC from HOME Funds paid by the City exceed ONE HUNDRED NINETEEN
THOUSAND FOUR HUNDRED THIRTEEN AND 92/100 Dollars ($119,413.92).
CHERC agrees to keep any excess sales proceeds in interest bearing accounts prior to
returning such proceeds to City. During the term of the Contract, financial reports on all sales
proceeds and interest earned as a result of use of HOME Funds in this Contract shall be reported
to the City on a monthly basis.
CHERC will not commingle HOME Funds with any other funds in any manner that
would prevent the City from readily identifying expenditures for operation of the Program.
C. Time Line for Goals and Expenditures
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Carver Heights East Redevelopment Corp. Rev.5-30-06
schedule set forth in the attached Exhibit "C" - Program Timeline, and ensure that Program
goals and expenditures correspond with the completion of the Program.
D. Reversion of Assets and Use of Program Income
CHERC shall return the sales proceeds from the sale of the two (2) houses to City to be
deposited in the City's HOME Investment Trust Fund local account. Any unsold house(s) shall
be conveyed to City to be sold by City to income-eligible residents.
To secure the City's interest in the houses to be constructed in the event that CHERC is
unable for any reason to fully complete the Program, CHERC agrees to execute and record
appropriate security instruments including without limitation, notes, deeds of trust, security
agreements, pledges or other similar security instruments, on the lots on which the two (2)
houses will be constructed or renovated, as the case may be. City agrees to execute partial
releases of such security instruments as may be necessary to allow CHERC to complete its
obligations under this Contract provided that CHERC is not otherwise in default of the
provisions of this Contract including but not limited to those provisions relating to homebuyer
eligibility under both City and HOME Program requirements.
In the event CHERC is dissolved, this Contract shall terminate. In the event this
Contract is terminated with or without cause, for any reason whatsoever, all assets acquired with
HOME Funds used in the development of the houses under the Program including cash, interest
payments from loans or otherwise, all outstanding notes, mortgages or other security instruments
used to secure HOME Funds and any real property owned by CHERC that was acquired or
improved with HOME Funds shall belong to City and shall be transferred to City or to such
assignees as City may designate.
E. Affirmative Marketing
CHERC must adopt affirmative marketing procedures and requirements for all housing
assisted with HOME Funds. 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 sex, age, race, creed, nationality, religion,
handicap status or familial status are given an equal opportunity to participate in the Program.
CHERC will be solely responsible for the effective marketing responsibilities necessary to
achieve the CHERC's production goals.
F. Recapture Provisions/Period of Affordability
Housing purchased or constructed with HOME Funds must remain affordable and subject
to recapture provisions for the affordability periods described in 24 CFR Part 92.254 of the
HOME Regulations. Housing assisted with HOME Funds must remain affordable housing for
the following minimum periods: 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 Funds provided is $15,000 to
$40,000; and 15 years where the per-unit amount of HOME Funds provided is greater than
$40,000.
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Carver Heights East Redevelopment Corp. Re
To ensure that the affordability requirements are met, CHERC will ensure that each
homebuyer purchasing a house assisted with HOME Funds under this Contract will apply for and
obtain a minimum of ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) in the form of
closing cost and/or down payment assistance from the City's Homeowner's Assistance Program.
City will assist CHERC in providing direct assistance for closing cost and/or down payment
assistance by determining and verifying homebuyer eligibility. Homebuyer eligibility shall be
determined by City in City's sole discretion using City guidelines and HOME Program
requirements. CHERC shall timely provide City with all documents and information
necessary for City to determine and verify home buyer eligibility. In addition, CHERC may
request that City provide additional closing cost and down payment assistance in an amount
greater than ONE THOUSAND AND NO/100 DOLLARS ($1,000.00) for each house if such
funds are needed to make the house affordable to the homebuyer. However, the total amount of
closing cost/down payment assistance provided with HOME Funds from City shall not exceed a
total of FOURTEEN THOUSAND NINE HUNDRED NINETY-NINE AND NO/100
DOLLARS ($14,999.00) per homebuyer. To secure recapture of the HOME Funds, CHERC will
ensure that all homebuyers for the two (2) houses developed under this Contract will execute a
Note and record a Deed of Trust payable to the City in the amount of assistance provided to that
homebuyer. CHERC will obtain forms for this Note and Deed of Trust from City, and will
furnish copies of such executed Notes and recorded Deeds of Trust to City upon closing of the
sale of the houses. This City Homebuyer's Assistance Note and Deed of Trust shall be
subordinate to any first lien purchase money mortgage.
Any HOME Funds invested in housing that fails to meet the affordability requirements
for the appropriate affordability period must be repaid to the City in accordance with HOME
Regulations.
Houses constructed or rehabilitated with the HOME Funds provided by this Contract
must remain the homebuyer's principal residence during the applicable affordability period. The
recapture provisions will remain in effect on houses constructed or purchased in whole or in part
with HOME Funds for the specified affordability period. If the homebuyer retains ownership of
the house and continues to occupy it as homebuyer's principal residence for the full period of
affordability, no further recapture restrictions will apply. Any sale of the house by the
homebuyer during the period of affordability will require repayment of the deferred payment
loan or other subsidy provided in accordance with HOME Regulations, 24 CFR Part 92.254 (a)
(4).
G. Record Retention and Reports
CHERC agrees to cooperate fully with City in the development, implementation, and
maintenance of record-keeping systems and to promptly provide City with any data determined
by City to be necessary for the effective fulfillment of City's monitoring and evaluation
responsibilities. Specifically CHERC 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 five (5) years after the period of
affordability terminates. CHERC agrees to promptly supply City with copies of any information
or other documentation upon City's written request.
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Carver Heights East Redevelopment Corp. Rev. 5-30-06
CHERC will obtain and keep on file the following information on each household
served by the Program in accordance with the attached Attachment IV (a) "Performance
Report":
a. Annual income and size of the household of which the client is a member;
b. Ethnicity and race of the client, using one of the following categories:
Ethnicity: Hispanic/Latino or Non Hispanic/Latino Race: White,
Black/African American, Asian; American Indian/Alaskan Native &
Hawaiian/Other Pacific Islander, American Indian/Alaskan Native & White,
Asian & White, Black/African American & White, American Indian/Alaskan
Native &Black/African American, Other Multi-Racial;
c. Whether the head of the client's household is male or female;
d. Additional statistical information as may be required by HUD regulations and
any amendments thereto:
CHERC will keep on file the following information and documentation on each
individual project:
e. Proof that the project meets the applicable property standards;
f. The per unit amount of HOME Funds invested;
g. Compliance with the affirmative marketing requirements and existence of
acceptable procedures;
h. Compliance with relocation requirements;
i. Records indicating whether or not any contractors or subcontractors performing
work under this Contract were Minority and/or female owned, and if so, the
contract amounts;
j. Records demonstrating actions taken to affirmatively further fair housing aims
in the sale of the houses;
k. Compliance with lead based paint requirements;
1. Compliance with conflict of interest rules;
m. Copies of the builder's State of Texas registration certificate.
CHERC will keep on file copies of the following loan documentation for each individual
loan:
n. Sales Contract between seller and buyer;
o. Appraisal;
p. Environmental review;
q. Housing Quality Standard Inspection Checklist
r. Closing Settlement Statement(HUD-1);
s.Warranty Deed;
t. First Lien Promissory Note;
u. First Lien Deed of Trust
v. Subordinate Promissory Note;
w. Subordinate Deed of Trust;
x. Mortgagee's Title Policy;
y. Homeowner's Insurance Policy;
z. Survey;
aa. Termite inspection(if applicable);
bb. Lead Based Paint Disclosure(if any); and
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Carver Heights East Redevelopment Corp. Rev.5-30-06
cc. Notice To Seller(the Guide Form Notice).
By the 15th day of each month during which the Program is supported by HOME
Funds provided under this Contract (to be construed as including the use of any asset obtained
through the expenditure of HOME Funds), CHERC will supply the City with a report detailing:
a. Program reports in accordance with Attachment IV — "Monthly Narrative
Report" and Attachment IV (a) -Performance Report;
b. Expenditure detail in accordance with Attachment I - "Request For Funds",
Attachment II - "Detail Statement of Costs", Attachment III -
"Expenditures Worksheet", and Attachment V — "Program Income
Report".
c. The amount of leveraging generated by this grant, including items that qualify as
HOME match.
Reports shall be submitted in the format specified by the City. IF THE REQUIRED
REPORTS ARE NOT RECEIVED BY THE DUE DATE, THE CITY RESERVES THE
RIGHT TO WITHHOLD PAYMENTS REQUESTED UNDER THIS CONTRACT AND
ANY OTHER CONTRACTS WITH CHERC.
H. Cost Principles
CHERC shall administer the Program in compliance with OMB Circular A-122, "Cost
Principles for Non-Profit Organizations", as amended from time to time and with the following
All non-federal entities that expend $500,000 or more in Federal funds within one year,
regardless of the source of the Federal award, must submit to City an annual audit prepared in
accordance with specific reference to OMB Circular A-133. The audit may cover either
CHERC's fiscal year during which this Contract is in force or cover the period of this Contract.
The audit must be prepared by an independent certified public accountant, be completed within
twelve (12) months following the end of the period being audited and be submitted to City within
thirty (30) days of its completion. CHERC's audit certification is attached hereto as Exhibit"D"
—"Audit Certification Form" and"Audit Requirements". The Audit Certification Form must
be submitted to City within sixty (60) days of the end of period being audited (CHERC's fiscal
year). 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 CHERC's total agency operating budget.
Non-profit entities that expend less than $500,000 a year in Federal funds are exempt from
Federal audit requirements for that year, but records must be available for review or audit by
appropriate officials of the Federal agency, City, and General Accounting Office.
City reserves the right to perform an audit of CHERC'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-133, and CHERC agrees to allow access to all pertinent
materials as described in Section G. Record Retention and reports. If such audit reveals a
questioned practice or expenditure, such questions must be resolved within fifteen (15) days after
notice to CHERC of such questioned practice or expenditure. If questions are not resolved
within this period, City reserves the right to withholdJM � lM4fiX? � is and/or future
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Carver Heights East Redevelopment Corp. 17y 'EQEJ,Pff Rev.5-30-06
contract(s)with CHERC.
If as a result of any audit it is determined that CHERC has misused, misapplied or
misappropriated all or any part of the HOME Funds, CHERC 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 by HUD because of such misuse,
misapplication or misappropriation.
I. Monitor Effectiveness of Services and Work
The City will monitor the activities and performance of CHERC and its contractors not
less than annually as required by the HOME Regulations, 24 CFR Part 92.504.
CHERC agrees to fully cooperate with City in monitoring the effectiveness of the
services and work to be performed by CHERC in compliance with the terms of this Contract.
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 CHERC, its officers, directors, agents, employees,
and contractors for the purpose of such monitoring.
CHERC agrees to likewise monitor the effectiveness of the services and work to be
performed by its contractors.
J. Compliance with All Applicable Laws and Regulations
CHERC agrees to comply with the following laws and the regulations as they are
currently written or are hereafter amended during performance of this Contract:
(1) Federal
Title VI of Civil Rights Act of 1964(42 USC 2000d et seq.)
Title VIII of Civil Rights Act of 1968 (42 USC 3601 et seq.)
Executive Orders 11063 and 11246, as amended by Executive Orders 11375 and 12086
and as supplemented by 41 CFR Part 60
The Age Discrimination in Employment Act of 1967 (29 USC et seq.)
The Age Discrimination Act of 1975 (42 USC 6101 et seq.)
Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part 8
where applicable
National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq. ("NEPA")
and the related authorities listed 24 CFR Part 58
The Clean Air Act, as amended, (42 USC 7401 et seq.), the Clean Water Act of 1977, as
amended (33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part 15, as
amended from time to time, and Executive Order 11738. In no event shall any amount of
the assistance provided under this Contract be utilized with respect to a facility that has
given rise to a conviction under the Clean Air Act or the Clean Water Act.
Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.) specifically including
the provisions requiring employer verifications of legal status of its employees
The Americans with Disabilities Act of 1990, as amended, (42 USC 12101 et seq.), the
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Carver Heights East Redevelopment Corp. Rev. 5-30-06
Architectural Barriers Act of 1968, as amended, (42 USC 4151 et seq), and the Uniform
Federal Accessibility Standards, 24 CFR Part 40, Appendix A
HOME Investment Partnerships Act at Title II of the Cranston Gonzales National
Affordable Housing Act of 1990, as amended, 42 U.S.C. 12701 et seq. ("NAHA")
Drug Free Workplace Act of 1988 (41 USC 701 et seq.) and 24 CFR part 23, Subpart F
Regulations at 24 CFR Part 87 related to lobbying, including the requirement that
certifications and disclosures be obtained from all covered persons
Executive Order 12549 and 24 CFR Part 5.105 (c) pertaining to restrictions on
participation by ineligible, debarred or suspended persons or entities
Regulations at 24 CFR Part 882.708 (c)pertaining to site and neighborhood standards for
new construction projects
(2) Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC
1701 u et sect.) and its related regulations at 24 CFR Part 135
As the work performed under this Contract is on a project assisted under a program
providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38("Section
3") requires that the following clause be inserted in all covered contracts ("Section 3 Clause"):
"A. The work to performed under this contract is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu
(Section 3). The purpose of Section 3 is to ensure that employment and other economic
opportunities generated by HUD assisted or HUD-assisted projects covered by Section 3, shall,
to the greatest extent feasible, be directed to low-and very low-income persons, particularly
persons who are recipients of HUD assistance for housing.
B. The Parties to this contract agree to comply with HUD's regulations in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this contract, the
Parties to this contract certify that they are under no contractual or other impediment that would
prevent them from complying with the Part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of
workers with which it has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers' representatives of the contractor's
commitments under this Section 3 clause and will post copies of the notice in conspicuous places
at the work site where both employees and applicants for training and employment positions can
see the notice. The notice shall describe the Section 3 preference, shall set forth minimum
number and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each; and the name and location of the person(s) taking applications for each of
the positions; and the anticipated date the work shall begin.
D. The contractor agrees that it will include this Section 3 clause in every subcontract
to comply with regulations in 24 CFR Part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this Section 3 clause, upon finding
that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will
not subcontract with any subcontractor where it has notice or knowledge that the subcontractor
has been found in violation of regulations in 24 CFR 135.
E. The contractor will certify that any vacant employment positions, including
training positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135
require employment opportunities to be directed, were not filled to circumvent the contractor's
HOME CONTRACT Page 12
Carver Heights East Redevelopment Corp. Rev. 5-30-06
obligations under 24 CFR Part 135.
F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in
sanctions, termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian
housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b)
requires that to the greatest extent feasible (i) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian—owned Economic Enterprises.
Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to
comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with
Section 7(b)."
City and CHERC understand and agree that compliance with the provisions of Section 3,
the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be
a condition of the Federal financial assistance provided to the Program, binding upon the City
and CHERC, and their respective successors, assigns and subcontractors. Failure to fulfill these
requirements shall subject CHERC and its subcontractors, and their respective successors and
assigns, to those sanctions specified by the Grant Agreement through which Federal assistance is
provided and to such sanctions as are specified by 24 CFR Part 135.
(3) Lead Based Paint Requirements
All houses built prior to 1978 proposed to be rehabilitated with Federal funds shall require
inspection for lead based paint. Inspection and abatement work shall be carried out by
contractors and workers certified and trained under the Texas Department of Health,
Environmental Lead Branch. This includes inspectors, risk assessors, abatement and hazard
reduction contractors.
A written certification must be on file with the City Housing Department that certifies all
firms, abatement supervisors, lead workers, inspectors, and risk assessors performing work on
houses assisted with federal funds that require lead hazard reduction are certified under the laws
and regulations of the Sate of Texas Department of Health, Environmental Lead Branch.
If applicable, CHERC and all of its contractors shall comply with appropriate HUD and
EPA regulations regarding lead-based paint notification, disclosure, or work practices during
lead hazard control activities.
CHERC and all contractors shall prohibit the use of open-flame burning, chemical
strippers containing methylene chloride, dry scraping, uncontained hydroblasting or
hydrowashing, uncontained abrasive blasting, machine sanding without HEPA attachments or
heat stripping above 1100°F as work practices at anytime.
CHERC and all of its contractors shall dispose of waste resulting from lead hazard
control activities in accordance with the requirements of the appropriate local, State and Federal
regulatory agencies. CHERC or contractors must handle dis ov� azard control
MCI HOME CONTRACT Cw��� �� �°��i��lP ge 13
v. 5-30-06
Carver Heights East Redevelopment Corp. �� ��n �'
activities that contain lead-based paint, but are not classified as hazardous, in accordance with
State or local law or the HUD Guidelines for the Evaluation and Control of Lead-Based Paint
Hazards in Housing.
City's Housing Department will conduct a final inspection of the lead hazard control
work performed.
(4) Other Laws
CHERC covenants and agrees that its officers, members, agents, employees, Program
participants and contractors shall abide by and comply with all other laws, (Federal, state and
local) relevant to the performance of this Contract, including all City ordinances, rules and
regulations and the HOME Regulations. CHERC further promises and agrees that it has read,
and is familiar with, the terms and conditions of the Federal grant under which HOME Funds are
granted and that it will fully comply with them. It is agreed and understood that, if City calls the
attention of CHERC to any such violations on the part of CHERC or any of its officers,
members, agents, employees, Program participants or contractors, then CHERC shall
immediately desist from and correct such violation.
(5) Prohibition Against Discrimination
CHERC, in the execution, performance or attempted performance of this Contract and
agreement, will not discriminate against any person because of sex, race, religion, color, national
origin, age, handicap status, or familial status, nor will CHERC permit its officers, members,
agents, employees, contractors or Program participants to engage in such discrimination.
During the performance of this Contract CHERC agrees, and will require all its
subcontractors to agree, as follows:
CHERC will not unlawfully discriminate against any employee or applicants for
employment because of sex, race, religion, color, national origin, age, handicap status or
familial status. CHERC will take affirmative action to ensure that applicants are
employed and that employees are treated fairly during employment without regard to
their sex, race, religion, color, national origin, age, handicap status or familial status.
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. CHERC agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this nondiscrimination
clause.
CHERC will, in all solicitations or advertisements for employees placed by or on behalf
of CHERC, state that all qualified applicants will receive consideration for employment
without regard to sex, race, religion, color, national origin, age, handicap status or
familial status.
CHERC covenants that neither it nor any of its officers, members, agents, employees,
HOME CONTRACT Page 14
Carver Heights East Redevelopment Corp. Rev.5-30-06
program participants or contractors, 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.
CHERC further covenants that neither it nor its officers, members, agents, employees,
contractors, Program participants, or persons acting on their behalf, shall specify, in
solicitations or advertisements for employees to work on this Contract, a maximum age
limit for such employment unless the specified maximum age limit is based upon a bona
fide occupational qualification, retirement plan or statutory requirement.
In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), CHERC warrants that it and any of its contractors 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 CHERC or any of its contractors. CHERC 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 contractors against City arising out of
CHERC's and/or its contractors' alleged failure to comply with the above-referenced laws
concerning disability discrimination in the performance of this Contract.
This Contract is made and entered into with reference specifically to the ordinances
codified at Chapter 17, Article III, Division 3, "Discrimination in Employment Practices",
of the City Code and CHERC hereby covenants and agrees that CHERC, its officers,
members, agents, employees and contractors, 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 CHERC or its officers, members,
agents, employees or contractors.
(6) Prohibition Against Interest
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. CHERC shall incorporate, or cause to be incorporated, like language
prohibiting such interest in all contracts and subcontracts entered into in connection with the
Program.
No officer, employee, member or Program participant of CHERC or its contractors shall
have a financial interest, direct or indirect, in this Contract or the HOME Funds transferred
hereunder or be financially interested, directly or indirectly, in the sale to CHERC of any land,
materials, supplies or services purchased with any funds transferred hereunder, except on behalf
of CHERC, as an officer, employee, member or Program participant. Any willful violation of
HOME CONTRACT Page 15
Carver Heights East Redevelopment Corp. Rev. 5-30-06
this paragraph with the knowledge, expressed or implied, of CHERC or its contractors shall
render this Contract voidable by the City.
No officer, employee, agent, consultant, elected official or appointed official of the City,
CHERC or its contractors 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.
(7) Minority and Women Business Enterprise Commitment
CHERC agrees to abide by the City's policy to involve Minority and Women Business
Enterprises ("Ntf"Es") in all phases of its procurement practices and to provide them equal
opportunity to compete for contracts for construction, provision of professional services,
purchase of equipment and supplies and provision of other services required by City. Therefore,
CHERC agrees to incorporate City Ordinance No. 15530, and all amendments or successor
policies thereto, into all contracts and subcontracts and will further require all persons or entities
with whom it contracts to comply with said ordinance.
K. Assi ng_ment
CHERC 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 contracts between CHERC and any
contractor engaged in any activity in conjunction with this HOME funded project prior to any
charges being incurred.
L. Indemnification and Release
CHERC 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/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 CHERC HEREBY
ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS,
AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS
HOME CONTRACT Page 16
Carver Heights East Redevelopment Corp. Rev.5-30-06
FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR 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. CHERC
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 CHERC, 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.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH CHERC AND
CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES
INDEMNITY BY CHERC TO INDEMNIFY AND PROTECT CITY FROM THE
CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT
NEGLIGENCE IS ALLEDGED TO BE THE SOLE OR CONCURRING CAUSE OF
THE INJURY, DAMAGE OR DEATH.
CHERC AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTIAL TO
PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH,
DAMAGE OR LOSS IS CAUSED BY THE CITY'S SOLE OR CONCURRENT
NEGLIGENCE.
CHERC SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO INCLUDE IN
THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF THE CITY
IN SUBSTANTIALLY THE SAME FORM AS ABOVE.
M. Waiver of Immunity
If CHERC, 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, CHERC 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.
HOME CONTRACT Page 17
Carver Heights East Redevelopment Corp. Rev. 5-30-06
N. Insurance and Bonding
CHERC will maintain blanket fidelity coverage in the form of insurance or bond in the
amount of $30,000.00, to insure against loss from the fraud, theft or dishonesty of any of
CHERC'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 Funds 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 use and benefit of CHERC.
CHERC shall furnish to City, in a timely manner, certificates of insurance as proof that it
has secured and paid for policies of commercial insurance as specified herein. Such insurance
shall cover all insurable risks incident to or in connection with the execution, performance,
attempted performance or nonperformance of this Contract. CHERC shall maintain the
following coverages and limits thereof:
Commercial General Liability (CGL) Insurance
$500,000 each occurrence
$1,000,000 aggregate limit
Business Automobile Liability Insurance
$1,000,000 each accident on a combined single-limit basis, or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
$2,000,000 Aggregate
Insurance policy shall be endorsed to cover"Any Auto"
Pending availability of the above coverage and at the discretion of the CHERC, the
policy shall be the primary responding insurance policy versus a personal auto insurance
policy if or when in the course of CHERC's business as contracted herein.
Workers' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
$100,000 each accident
$100,000 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, and rehabilitation. CHERC or its
contractors shall maintain coverages. In the event the respective contractors do not
maintain coverage, CHERC shall maintain the coverage on such contractor for each
applicable contract.
Directors and Officers Insurance
$30,000 per occurrence
Note: This insurance shall cover CHERC and any associated Board of Directors
members.
HOME CONTRACT Page 18
Carver Heights East Redevelopment Corp. Rev. 5-30-06
Additional Requirements
Such insurance amounts shall be revised upward at City's option and that CHERC shall
revise such amounts within thirty (30) days following notice to CHERC of such requirements.
CHERC will submit to City documentation that it has obtained insurance coverage and
has executed bonds as required in this Contract prior to payment of any monies provided
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 City as an additional
insured as its interest may appear. Additional insured parties shall include employees, officers,
agents, and volunteers of the City.
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 City.
Any failure on part of the City to request certificate(s) of insurance shall not be construed
as a waiver of such requirement or as a waiver of the insurance requirements themselves.
Insurers of CHERC'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 A: VII or other equivalent insurance industry standard rating otherwise approved by
City.
Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless
otherwise approved by City.
In the event there are any local, federal or other regulatory insurance or bonding
requirements for the Program, and such requirements exceed those specified herein, the former
shall prevail.
CHERC shall require its contractors to maintain applicable insurance coverages, limits,
and other requirements as those specified herein; and, CHERC shall require its contractors to
provide CHERC with certificate(s) of insurance documenting such coverage. Also, CHERC
shall require its contractors to have City and CHERC endorsed as additional insureds (as their
interest may appear) on their respective insurance policies.
CHERC shall require its builder to maintain builders risk insurance at the value of the
construction.
O. Certification Regarding Lobbying
HOME CONTRACT Page 19
Carver Heights East Redevelopment Corp. Rev.5-30-06
The undersigned representative of CHERC hereby certifies,to the best of his or her
knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of
CHERC, 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.
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, CHERC shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying,"in accordance with its instructions.
This certification is a material representation of fact upon which reliance was
placed when this Contract was made or entered into. Submission of this certificate is a
prerequisite for making or entering into this Contract imposed by 31 USC Section 1352.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000.00 and not more than $100,000.00 for each such failure.
CHERC shall require that the language of this certification be included in all
subcontracts or agreements involving the expenditure of Federal funds.
P. MISCELLANEOUS PROVISIONS
All terms of this Contract shall apply to any and all contractors of CHERC who are in
any way paid with HOME Funds or who perform any work in connection with CHERC's
Program.
All notices required or permitted by this Contract must be in writing and are deemed
delivered on the earlier date of the date actually received or the third day following (i) deposit in
a Untied States Postal Service post office or receptacle; (ii) with proper postage, certified mail
return receipt requested; and (iii) addressed to the other Party at the address set out in the
preamble of this Contract or at such other address as the receiving Party designates by proper
notice to the sending Party.
If applicable, CHERC must meet conditions and limitations for use of HOME Funds
involving a primarily religious entity as set forth in the HOME Regulations.
CHERC shall notify City in writing of any changes in its 501 (c) (3) tax exempt status
during the term of this Contract as well as any other change that alters CHERC's certification as
a CHDO under the HOME Regulations. CHERC agrees to document its continued compliance,
including but not limited to an annual board roster and certification of continued compliance.
HOME CONTRACT Page 20
Carver Heights East Redevelopment Corp. Rev.5-30-06
CHERC represents that it possesses the legal authority, pursuant to any proper,
appropriate and official motion, resolution or action passed or taken, to enter into this Contract
and to perform the responsibilities herein required.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
HOME CONTRACT Page 21
Carver Heights East Redevelopment Corp. Rev.5-30-06
IN WITNESS WHEREOF, the Parties h-roto have Qxpauted four copies of this Contract
in Fort Worth, Tarrant County, Texas, this day of_ (� .92006.
ATTEST: CITY OF FORT WORTH
M OA�" B y: AZ
City Secret Dale . Fisseler
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
CARVER HEIGHTS EAST
RED O ENT RPORATION.
ContZ-$cl. Authorizatio
- By:
Date 41- Melinda Hamilton, xecutive Director
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on , 2006 by Dale
A. Fisseler, the Assistant City Manager, of the City of 6rt Worth, on behalf the City of Fort
Worth.
MARIA S. SANCHEZ
NOTARY PUBLIC NotAry Public, State of Texas
OF TF
s STATE 142059
rgTE OF My Comm.Exp.1L-
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on (µ/ 3 0, 2006 by
Melinda Hamilton, the Executive Director of Carver Heights East R development Corporation, a
Texas non-profit corporation, on behalf of said corpor tion.
Notary ublic, State of Texas
MAT----nES HELL OFFICIAL O'P20
�
�a � � °�'= MY COMMISSION EXPIRES V
pq
Mert:h 17,010
HOME CONTRACT Page 22
Carver Heights East Redevelopment Corp. Rev.5-30-06
EXHIBIT A
Program Summary
Contract No. -HOME
PROGRAM SUMMARY
PROGRAM TITLE
CARVER HEIGHTS EAST REDEVELOPMENT CORP.,HOUSING DEVELOPMENT
FUNDING
CONTRACTUAL SERVICES (Housing Development) $119,413.92
TOTAL $119,413.92
DESCRIPTION: HOUSING DEVELOPMENT
Carver Heights East Redevelopment Corp.will develop affordable housing either through new construction or through the acquisition
and rehabilitation of existing homes in the Carver Heights East Model Blocks area. Homes are to be sold to income eligible,first-time
homebuyers.
CONTRACT PERIOD:
The contract period begins on the date of execution and ends tweve months thereafter.
PROGRAM OBJECTIVES:
To develop and sell two(2) housing units within the contract period.
PROGRAM PROCEDURES:
Obtain site control
Appraise property
Obtain title policy
Due diligence activities-appropriate zoning,environmental review,liens or other encumberances,minimum
lot size(if new construction),lead paint testing on exisitng houses built prior to 1978 for acquisition/rehab
Complete housing plans and specifications(New Construction)
Work write-up and cost estimate for acq./rehab houses
Written construction quote from builder
Verify qualifications and track record of proposed builder(s)and other subcontractors, including proof of insurance
and workers'comp coverage
Obtain letter of commitment from any permanent financing lender(s),if applicable
Develop marketing and outreach plan
Select contractor(s)and authorize work to begin
Housing Department inspectors will inspect all phases of the work and authorize payment when work meets established criteria
PROGRAM MEASURES:
Number of housing units to be developed 2
Number of housing units to be sold 2
tR� E lel 2V•¢
Exhibit B
Program Budget
Carver Heights East Redevelopment Corporation
Housing Development Budget
Activities Budget Funds Remaining
(HOME Funds) Expended Balance
PERSONNEL SERVICES
Salaries $13,400.00 $9,173.65 $4,226.35
FICA $2,000.00 $1,493.29 $506.71
SUPPLIES
Office Supplies $300.00 $89.40 $210.60
Postage $100.00 $40.00 $60.00
CONTRACTUAL SERVICES
Rent $1,300.00 $675.00 $625.00
Custodial Services $300.00 $0.00 $300.00
Telephone $1,000.00 $404.90 $595.10
Milea a Reimbursement $1,000.00 $527.00 $473.00
Bank Charges $600.00 $22.65 $577.35
DEVELOPMENT COST
Market Study $0.00 $0.00 $0.00
Site Control $500.00 $500.00 $0.00
Land and/or Building Acquisition $27,000.00 $5,000.00 $22,000.00
Site Preparation $2,500.00 $0.00 $2,500.00
Materials $42,000.00 $0.00 $42,000.00
Labor $44,400.00 $3,140.00 $41,260.00
Architect & Engineer Fees $1,000.00 $450.00 $550.00
Construction Management Fee $0.00 $0.00 $0.00
Appraisal $1,000.00 $700.00 $300.00
Property Survey $1,000.00 $515.00 $485.00
Le al Fees $750.00 $193.60 $556.40
Real Estate Fees/Taxes $6,000.00 $5,971.59 $28.41
Utility Hook-up/Impact Fees $350.00 $0.00 $350.00
Title & Recording Fees $800.00 $508.00 $292.00
Insurance $2,700.00 $1,182.00 $1,518.00
Holding Cost $0.00 $0.00
TOTALS $150,000.00 $30,586.08 $119,413.92
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EXHIBIT D
CITY OF FORT WORTH HOUSING DEPARTMENT
Audit Certification Form
Subrecipient: Fiscal Year Ending:
Mo Day Yr
❑ We have exceeded the federal expenditure threshold of $500,000. We will
have our Single Audit or Program Specific Audit completed and will submit
the audit report within nine (9) months after the end of the audited fiscal
year.
❑ We did not exceed the $500,000 federal expenditure threshold required for
a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill
out schedule below)
Federal Expenditure Disclosure
Federal Funds
Must be filled out if Single Audit or Program Audit is not required:
Pass Through Program Name & Contract
Federal Grantor Grantor CFDA Number Number Expenditures
Total Federal Expenditures for this Fiscal Year $
Printed Name Title (Must be CFO, CEO or equivalent)
Authorized Signature(Must be CFO, CEO or equivalent) Phone Number Date
Failure to submit this or a similar statement or failure to submit a completed
single audit package as described in the audit requirements by the required due
date will result in suspension of funding and will affect eligibility for future funding.
Submit this form to the City of Fort Worth within 60 days after the end of your Fiscal year
CITY OF FORT WORTH HOUSING DEPARTMENT
AUDIT REQUIREMENTS
Organizations expending $500,000 or more in federal awards (from City of Fort
Worth and other funding sources) during their fiscal years shall obtain either an
annual single audit or a program specific audit. Organizations may have a
program specific audit in accordance with OMB Circular A-133 if they
expended funds for only one federal program as listed in the Catalog of
Federal Domestic Assistance (CFDA). If funds are spent for more than one
federal program, a single audit is required. The audited time period is the
organization's fiscal year, and not the City of Fort Worth's funding period.
The audit shall be conducted by a certified public accountant (CPA) that is
licensed at the time of the audit by the appropriate regulatory body. The CPA
shall meet all of the general standards concerning qualifications,
independence, due professional care and quality control as required by
Government Auditing Standards, including the requirements for continuing
professional education and external peer reviews. Auditor selection must
adhere to federal procurement requirements.
A separate supplementary schedule of revenues, expenditures and
changes in fund balance for each City of Fort Worth contract is no longer
required. The Schedule of Expenditures of Federal Awards should list City of
Fort Worth 's contract numbers, the total expended for each individual
federal program, and the CFDA number (OMB A-133 § .310).
The independent auditor's report should include all of the relevant items
listed on the "Audit Report Checklist." Additional guidance on the conduct and
reporting of these audits is contained in the latest issuance of the following
publications:
Govemment Auditing Standards issued by the Comptroller General of the United States,
2003
OMB Circular A-133 as revised 6/30/97 and amended June 2003
OMB Circular A-133 Compliance Supplement
AICPA's Statement of Position 98-3, "Audits of States, Local Governments, and
Not-for-Profit Organizations Receiving Federal Awards"
Various AICPA audit guides for nonprofits, colleges and universities and health
and welfare organizations
AICPA's Audit Risk Alert "State and Local Governmental Developments"
e
All organizations that receive a City of Fort Worth award must submit the
provided Audit Certification Form which certifies whether you are subject to a
single/program audit. Organizations receiving federal awards from the City of
Fort Worth who are not required to have an audit shall certify in writing to the
agency. The organizations Chief Executive Officer or Chief Financial Officer
shall make the certification within 60 days of the end of the organization's
fiscal year.
The following items should be submitted to the City of Fort Worth Housing
Department within the required timeframe:
Due 60 days after organization's fiscal year end: (required for all subrecipients)
• Completed Audit Certification Form
Due within the earlier of 30 days after receipt of the auditor's report or nine months
after the end of the audit period.
• Two copies of the entire audit report issued by the CPA
• Two copies of any management letter issued by the CPA in
conjunction with the audit report
• Two copies of management's comments on all findings,
recommendations, & questioned costs contained in the audit
report and management letter, including a detailed corrective
action plan
Failure to submit any of these items by the required due date may result in
holds on current draw requests, suspension of the organization's contract(s)
and eligibility for future funding.
If the organization does not meet the requirements of having a
single/program audit conducted, records must still be kept available for review
or audit by City of Fort Worth staff (OMB A-133 Subpart B Sec 200(d).
If additional information is needed concerning the audit requirements, please
call (817) 392-6141.
CITY OF FORT WORTH HOUSING DEPARTMENT
SINGLE AUDIT REPORT CHECKLIST
The Department developed this checklist to help organizations improve the quality
and completeness of audit reports.
General Purpose or Basic Financial Statements of the Organization Opinion/Report on
Organization's Financial Statements in accordance with Government Auditing
Standards
Notes to the General Purpose or Basic Financial Statements of the Organization
A Schedule of Expenditures of Federal Awards, including the Department's
contract numbers, the total expended for the federal program, and the CFDA
number (OMB A-133 Subpart C Sec 310).
Opinion/Report on Schedule of Expenditures of Federal and State Awards
Report on Compliance and on Internals Control Over Financial Reporting Based on
an Audit of Financial Statements Performed in Accordance With
Government Auditing Standards. (OMB A-133 § 505 (b))
Report on Compliance with Requirements Applicable to Each Major Program
and Internal Control over Compliance in Accordance with OMB Circular A-133.
(OMB A-133 § 505 (c))
Schedule of Findings and Questioned Costs (OMB A-133 §. 505d), including:
Summary Schedule of Prior Audit Findings reporting the status of all findings
included in the prior audit's schedule of findings and questioned costs. (OMB A-
133 Sec. 315 (a) and (b))
Corrective Action Plan including (OMB A-133 Sec. 315 (c)) name of person
responsible for the corrective action, corrective action planned,
anticipated completion date, and explanation and reason if auditee does not
agree with findings or believes correction is not required.
All reports are signed and dated by the auditor
Two copies of the audit reports are submitted
Two copies of the management letter, if issued in conjunction with the audit
report Two copies of comments by management concerning all
findings and recommendations included in management letter,
including a corrective action plan
EXHIBIT E
CONTRACT FOR CONSTRUCTION
This CONSTRUCTION CONTRACT ("Contract") is made between
("Owner") and ("Contractor"), as
of this day of , 200_ for the purpose of constructing ONE single-
family dwelling on a lot provided by Owner within the City limits of Fort Worth, TX.
The lot street address is:
Its legal description is:
the "Property")
Plan#
Owner shall compensate Contractor a total sum of
and 00/100 DOLLARS
($ ) ("Contract Price"). Payment shall be made in accordance
with Article 9 of this Contract.
The Commencement Date shall be , 200`with a Completion Date
not to exceed one hundred twenty (120) calendar days ("Contract Time").
Owner and Contractor hereby agree to the following:
TERMS AND CONDITIONS
Article 1
GENERAL PROVISIONS
1.1 TERMS USED IN THE CONTRACT
1.1(a) This Contract, all Addenda and Exhibits attached hereto and incorporated herein
by reference for all purposes, and the plans and specifications for construction of the
single family house on the Property represent the entire agreement between the parties
and are collectively referred to as "Contract Documents".
1.1(b) The term "Work" shall mean the construction of the single family house on the
Property and all related services required to complete said construction including all
labor, materials, equipment and services provided by the Contractor to fulfill Contractor's
obligations and responsibilities under the Contract Documents.
1.1(c).The term "Owner's Representative" shall mean the City of Fort Worth's Housing
Department which shall provide administration of the Contract as described in the
CONTRACT FOR CONSTRUCTION 1 Rev. 6-8-06
EXHIBIT E
Contract Documents. The Owner's Representative will have the authority to act on
behalf of the Owner to the extent provided in the Contract Documents.
1.1(d) This Contract may be amended or modified ONLY by a written modification in the
form of a Change Order. A "Change Order" shall be a written order to the Contractor
signed by the Owner or Owner's Representative to change the Work, Contract Sum or
Contract Time. All Change Orders shall become a part of the Contract Documents.
Article 2
RESPONSIBILITIES OF THE OWNER
2.1 INFORMATION AND SERVICES
Except for permits and fees related to the Work, which are the responsibility of the
Contractor under the Contract Documents, Owner shall obtain and pay for necessary
approvals, easements, assessments and other charges.
2.2 OWNER'S RIGHT TO STOP WORK
If Contractor fails to comply with the terms of the Contract Documents, Owner or
Owner's Representative may direct the Contractor in writing to stop the Work until
Contractor complies with the Contract Documents whether by bringing the Work into
compliance with the Contract Documents or otherwise.
2.3 OWNER'S RIGHT TO CARRY OUT THE WORK
If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within five days (5) from the date of written notice from
the Owner or Owner's Representative to cure such default, Owner or Owner's
Representative may, without prejudice to other remedies, cure such defaults. In such
case, a Change Order shall be issued deducting the cost of correction from payments due
Contractor. If the default is not reasonably susceptible to cure by Contractor within the
five (5) day period, Owner will not exercise the option to terminate this Contract so long
as the Contractor has commenced to cure the default within the five (5) day period and
diligently completes the cure of the default within a reasonable time.
2.4 OWNER'S RIGHT TO PERFORM CONSTRUCTION/AWARD SEPARATE CONTRACT
2.4(a) Owner reserves the right to perform construction or operations related to the Work
with the Owner's own workers, and to award separate contracts in connection with other
portions of the Work.
2.4(b) Owner shall require Contractor to coordinate and cooperate with any workers or
contractors employed by the Owner.
2.4 (c) Costs incurred by delays or by improperly timed activities or defective
construction shall be borne by the parry responsible therefore.
CONTRACT FOR CONSTRUCTION 2 Rev. 6-8-06
EXHIBIT E
2.5 (d) If a defect occurs in the Work and if Contractor does not cure the defect timely
according to the terms of the Contract Documents, Owner may enter into a separate
contract with a third parry to cure any such defect. Contractor then shall reimburse
Owner for the cost of contracting with the third parry and the cost to cure the defect
within five (5) days of written notice by Owner or Owner's Representative.
Article 3
RESONSIBILITIES OF THE CONTRACTOR
3.1 EXECUTION OF THE CONTRACT
Execution of the Contract by Contractor is a representation that Contractor has visited the
Property, become familiar with all conditions, including surface and subsurface
conditions, under which the Work is to be performed, and accepts these existing
conditions and all other requirements of the Contract Documents and agrees to perform
the Work at the Contract Price and complete the Work by the Completion Date.
3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY THE
CONTRACTOR
Contractor agrees to carefully study and compare the Contract Documents with each other
and with information furnished by the Owner. Before commencing activities, the
Contractor shall (1) take field measurements and verify surface and subsurface field
conditions; (2) compare this and other information known to Contractor with the Contract
Documents; and (3) promptly report errors, inconsistencies or omissions discovered as a
result of Contractor's study and comparison to Owner's Representative.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3(a) Contractor shall supervise and direct the Work, using Contractor's best skill and
attention. Contractor shall be solely responsible for and have control over construction
means, methods, techniques, sequences and procedures, and for coordinating all portions
of the Work. Contractor agrees that Contractor is an independent contractor under this
Contract and not as an officer, agent, servant, or employee of Owner or Owner's
Representative.
3.3(b) Contractor, as soon as practicable after the Commencement Date of the Contract,
shall furnish in writing to the Owner through the Owner's Representative the names of all
subcontractors or suppliers for each portion of the Work. Such list shall be promptly
supplemented from time to time if additional subcontractors and suppliers are added.
Owner's Representative will promptly notify Contractor in writing if Owner or Owner's
Architect, after due investigation, objects to the subcontractors or suppliers listed.
3.3(c) Contractor will comply with Minority/Woman Business Enterprise (M/WBE)
requirements with a minimum goal of 40% of the dollar amount of the Contract Price for
MWBE participation.
3.4 LABOR AND MATERIALS
CONTRACT FOR CONSTRUCTION 3 Rev.6-8-06
EXHIBIT E
Unless otherwise provided in the Contract Documents, Contractor shall provide and pay
for labor, materials, equipment, tools, utilities, transportation, and other facilities and
services necessary for proper execution and completion of the Work. Contractor shall
deliver, handle, store, and install all fixtures and materials in conformance with
manufacturer's instructions.
3.5 WARRANTY
Contractor warrants to the Owner and Owner's Representative that: (1) all materials and
equipment furnished under the Contract are new, unused and of good quality unless
otherwise required or permitted by the Contract Documents; (2) the Work will be free
from defects not inherent in the quality of performance required or permitted; (3) the
Work will conform to the requirements of the Contract Documents; and, (4) Contractor
shall provide a ten year Home Buyers Warranty. The effective date of the Home Buyer's
Warranty shall be the date of closing of the sale of the Property to a home buyer
3.6 TAXES
The Contractor shall pay all required payroll, federal and state unemployment, sales,
consumer, use and similar taxes.
3.7 INSURANCE
During the term of this Contract and any extension thereof, Contractor shall maintain an
insurance policy or policies with the following coverage:
3.7(a) Commercial General Liability Insurance of a minimum of $1,000,000.00 per
occurrence.
3.7(b) Business Auto Liability Insurance of a minimum of $1,000,000.00 per each
accident.
3.7(c) Statutory Workers' Compensation Insurance including employer's liability.
3.7 (d) Builder's Risk Insurance to cover the Property in the course of the Work (against
fire, hail, theft, etc. of materials and incomplete construction).
3.7(e) The City of Fort Worth shall be endorsed as an additional insured on all insurance
policies.
3.8 PERMITS,FEES AND NOTICES
3.8(a) Contractor shall obtain and pay for the building permit and other permits and
government fees, licenses and inspections necessary for proper execution and completion
of the Work.
3.8(b) Contractor shall comply with all requirements of local, state and federal agencies
having jurisdiction over the Work. If Contractor performs any portion of the Work
knowing it to be contrary to any laws, statutes, ordinances, building codes, or applicable
rules and regulations, Contractor shall assume full responsibility for such Work and shall
bear all costs necessarily incurred in bringing the Work into compliance. Contractor shall
promptly notify the Architect/Owner's Representative in writing of any inconsistencies
CONTRACT FOR CONSTRUCTION 4 Rev. 6-8-06
EXHIBIT E
between the Contract Documents and any such laws, statutes, ordinances, building codes
or applicable rules and regulations.
3.9 USE OF SITE
The Contractor shall confine operations on the Property to such areas permitted by
Owner, the Contract Documents, and all applicable laws, statutes, ordinances, building
codes,permits, and rules and regulations.
3.10 SUBMITTALS
Contractor shall promptly review, approve in writing and submit to the Owner's
Representative shop drawings, product data, samples, and any other similar submittals
required by the Contract Documents. Shop drawings, product data, samples and similar
submittals are not a part of the Contract Documents.
3.11 CUTTING AND PATCHING
The Contractor shall be responsible for cutting, fitting or patching required to complete
the Work or to make its parts fit together properly.
3.12 CLEANING UP
The Contractor shall keep the Property and surrounding area free from accumulation of
debris and trash related to the Work.
3.13 INDEMNIFICATION
CONTRACTOR COVENANTS AND AGREES TO AND DOES HEREBY
INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE,
OWNER AND OWNER'S REPRESENTATIVE, THEIR 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, DIRECTLY OR
INDIRECTLY, THE WORK AND SERVICES TO BE PERFORMED
HEREUNDER BY CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES,
SUBCONTRACTORS, LICENSEES OR INVITEES, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF
THE OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES AND INVITEES OF OWNER AND/OR
OWNER'S REPRESENTATIVE; AND CONTRACTOR DOES HEREBY
COVENANT AND AGREE TO ASSUME ALL LIABILITY AND
RESPONSIBILITY OF OWNER, AND OWNER'S REPRESENTATIVE, THEIR
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, DIRECTLY OR
INDIRECTLY, THE WORK AND SERVICES TO BE PERFORMED
CONTRACT FOR CONSTRUCTION 5 � 1 Bev.6-8-06
9 Oo �T'+`HJUC��U1' �I:GYe
EXHIBIT E
HEREUNDER BY CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES,
SUBCONTRACTORS, LICENSEES OR INVITEES, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF
THE OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES AND INVITEES OF OWNER AND/OR
OWNER'S REPRESENTATIVE. CONTRACTOR LIKEWISE COVENANTS
AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD
HARMLESS OWNER AND OWNER'S REPRESENTATIVE FROM AND
AGAINST ANY AND ALL INJURIES, DAMAGE, LOSS OR DESTRUCTION TO
PROPERTY OF OWNER'S REPRESENTATIVE DURING THE
PERFORMANCE OF ANY OF THE TERMS AND CONDITIONS OF THIS
CONTRACT, WHETHER ARISING OUT OF OR IN CONNECTION WITH OR
RESULTING FROM, IN WHOLE OR IN PART, ANY AND ALL ALLEGED
ACTS OR OMISSIONS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICENSEES, INVITEES OF
OWNER'S REPRESENTATIVE.
Article 4
RESPONSIBILITIES OF OWNER'S REPRESENTATIVE
4.1 Owner's Representative will visit the Property at intervals appropriate to each stage of
construction so as to become generally familiar with the progress and quality of the
Work. All such inspections shall be at the discretion of Owner's Representative, but at a
minimum, Owner's Representative will perform the inspections listed on Addendum #1.
4.2 Owner's Representative does not have control over nor is in charge of or responsible
for construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work, since these are solely
Contractor's responsibility. Owner's Representative will not be responsible for the
Contractor's failure to carry out the Work in accordance with the Contract Documents.
4.3 Owner's Representative shall have the authority to reject Work that does not conform
to the Contract Documents.
4.4 Owner's Representative's duties, responsibilities and limits of authority as described
in the Contract Documents will not be changed without Owner's written consent.
4.5 Based on Owner's Representative's observations and evaluations of Contractor's
Application for Payment, Owner's Representative will review and execute a Certificate of
Payment for the amounts due Contractor.
4.6 Owner's Representative will promptly review and approve or take appropriate actions
upon Contractor's submittals such as shop drawings, product data and samples, but only
CONTRACT FOR CONSTRUCTION 6 Rev. 6-8-06
EXHIBIT E
for the limited purpose of checking for conformance with information given and the
design concept expressed in the Contract Documents.
4.7 Owner's Representative will promptly interpret and decide matters concerning
performance under any requirements of the Contract Documents on written request of
either Owner or Contractor.
4.8 Owner's Representative can require additional testing if necessary via minor Change
Order as provided in Section 6.2.
4.9 Interpretations and decisions of Owner's Representative will be consistent with the
intent of and reasonably inferable from the Contract Documents and will be in writing or
in the form of drawings. When making such interpretations and decisions, the Owner's
Representative will endeavor to secure adequate and reasonable performance by both
Owner and Contractor, will not show partiality to either and will not be liable for results
of interpretations or decisions rendered in good faith.
Article 5
TESTING AND INSPECTIONS
5.1 Tests, inspections and approvals of portions of the Work required by the Contract
Documents or by laws, ordinances, rules, regulations or orders of public authorities
having jurisdiction over the Work or the Property shall be made at an appropriate time. If
Owner's Representative requires additional testing, Contractor shall perform them.
5.2 Owner shall pay for additional tests except for testing Work found to be defective for
which the Contractor shall pay.
Article 6
CHANGES IN THE WORK
6.1 After execution of the Contract, changes in the Work may be accomplished by Change
Order or by order for a minor change in the Work. Owner, without invalidating the
Contract, may order changes in the Work within the general scope of the Contract
consisting of additions, deletions or other revisions, and the Contract Price and Contract
Time shall be adjusted accordingly.
6.2 Owner's Representative will have the authority to order minor changes in the Work
not involving changes in the Contract Price or the Contract Time and not inconsistent
with the intent of the Contract Documents. Such minor changes shall be on a written
inspection report and shall be binding on Owner and Contractor. Contractor shall carry
out such written orders promptly.
CONTRACT FOR CONSTRUCTION 7 Rev. 6-8-06
EXHIBIT E
6.3 If concealed or unknown physical conditions are encountered on the Property that
differ materially from those indicated in the Contract Documents or from those conditions
ordinarily found to exist, the Contract Price and Contract Time shall be subject to
equitable adjustment.
Article 7
CORRECTION OF WORK
7.1 Contractor shall promptly correct Work rejected by Owner's Representative because
of failure to conform to the requirements of the Contract Documents. Such failure
constitutes a default and is subject to the provisions in Section 2.3. Contractor shall bear
the cost of correcting such rejected Work.
7.2 In addition to Contractor's other obligations including warranties under the Contract,
the Contractor shall, for a period of one year after substantial completion of the Work,
correct any portion of the Work not conforming to the requirements of the Contract
Documents.
7.3 If the Contractor fails to cure any default in accordance with Section 2.3, Owner may
cure it and the Contractor shall reimburse the Owner for the cost of correction.
Article 8
TIME
8.1 Time is of the essence to this Contract. Contractor shall begin Work as soon as
instructed by Owner and shall prosecute the Work promptly, efficiently and in a manner
that will not cause delay in the progress of any other work performed on the Property by
any other contractors or workers.
8.2 If the Work is delayed at any time by Change Orders, labor disputes, fire, unusual
delay in deliveries, unavoidable casualties or other causes beyond the Contractor's
control, the Contract Time shall be extended by Change Order for such reasonable time as
the Owner's Representative may determine.
Article 9
PAYMENTS AND COMPLETION
9.1 CONTRACT PRICE
The Contract Price stated in the Contract, including authorized adjustments, is the total
amount payable by the Owner to the Contractor for performance of the Work under the
Contract Documents. Retainage of ten percent (10%) of the Contract Price will be
withheld until thirty (30) days after completion and acceptance of all Work.
CONTRACT FOR CONSTRUCTION 8 Rev. 6-8-06
EXHIBIT E
9.2 APPLICATIONS FOR PAYMENT
9.2(a) At least five (5) days before the date established for each Progress Payment,
Contractor shall submit to Owner's Representative an itemized "Application for
Payment" for operations completed in accordance with the requirements stated in the
Contract. Each Application for Payment shall be supported by such data substantiating
the Contractor's right to payment as the Owner or Owner's Representative may
reasonably require and reflecting retainage if provided for elsewhere in the Contract
Documents.
9.2(b) Contractor warrants that title to all Work covered by an Application for Payment
will pass to the Owner no later than the time of payment. Contractor further warrants that
upon submittal of an Application for Payment, all Work for which Certificates for
Payment have been previously issued and payments received from the Owner shall, to the
best of the Contractor's knowledge, information and belief, be free and clear of liens,
claims, security interests or other encumbrances adverse to the Owner's interests.
9.2(c) Owner's Representative will, within five (5) days after receipt of Contractor's
Application for Payment, either issue to the Owner a Request for Payment, with a copy to
the Contractor, for such amount as the Owner's Representative determines is properly
due, or notify the Contractor and Owner in writing of the Owner's Representative's
reasons for recommending to Owner that payment be withheld..
9.3 PROGRESS PAYMENTS
9.3(a)After Owner's Representative has issued a Request for Payment, Owner shall make
a Progress Payment to Contractor based on a Percentage of Completion schedule
provided to the Owner by the Contractor, which schedule shall be based on Addendum
#1. No partial payments shall be made to Contractor.
9.3(b) Upon receipt of payment from Owner, Contractor shall promptly pay each
subcontractor and material supplier, based on the Work completed. Contractor shall
furnish lien waivers and/or bills paid affidavits from subcontractors and suppliers as
required by Owner and Owner reserves the right to delay payment to Contractor until
such lien waivers and/or bills paid affidavits are received.
9.3(c) Neither Owner nor Owner's Representative shall have any responsibility for the
direct payment to subcontractors or material suppliers.
9.3(d) No Request for Payment, Progress Payment, or partial or entire use or occupancy
of the Property by Owner shall constitute acceptance of Work performed if Work is not in
accordance with the requirements of the Contract Documents.
4
CONTRACT FOR CONSTRUCTION 9 Rev. 6-8-06
EXHIBIT E
9.3(e) A Progress Payment shall be made after Owner's Representative performs each of
the five (5) Required Inspections described in Addendum 41. Contractor shall give a five
(5) day written notice to Owner's Representative to schedule the Required Inspections.
9.4 COMPLETION AND FINAL PAYMENT
9.4(a) Upon receipt of a final Application for Payment with all required documents,
Owner's Representative will perform a final inspection of the Work. When Owner's
Representative finds the Work acceptable and the Contract fully performed, Owner's
Representative will promptly issue to Owner a final Request for Payment.
9.4(b) Final payment shall not become due until the Contractor submits to Owner's
Representative all necessary releases, lien waivers, bills paid affidavits, and any other
data required, in Owner's Representative's sole discretion, to evidence satisfaction of all
obligations, such as receipts, claims, security interests or encumbrances arising out of the
Contract and any other documents, certificates, surveys or warranties required by the
Contract Documents.
9.4(c) Acceptance of final payment by the Contractor, a subcontractor or a material
supplier shall constitute a waiver of claims by that payee except those previously made in
writing and identified by that payee as unsettled at the time of final Application for
Payment.
Article 10
SAFETY PRECAUTIONS AND PROGRAMS
10.1 Contractor shall be responsible for initiating, maintaining, and supervising all safety
precautions and programs, including all those required by law, ordinance or regulation in
connection with performance of the Contract. Contractor shall promptly remedy any loss
or damage to the Work or the Property caused in whole or in part by the Contractor, a
subcontractor, supplier or anyone directly or indirectly employed by them or anyone for
whose acts they may be liable.
Article 11
TERMINATION OF THE CONTRACT
11.1 TERMINATION BY THE CONTRACTOR
If Owner fails to make payment when due or breaches any other term of this Contract,
Contractor may terminate the Contract upon ten (10) days written notice to Owner, and
recover from Owner payment for Work satisfactorily performed.
11.2 TERMINATION BY THE OWNER ','X
CONTRACT FOR CONSTRUCTION 10 Rev. 6-8-06
EXHIBIT E
11.2(a) Owner or Owner's Representative, upon written consent from Owner, may
terminate the Contract if Contractor:
1. consistently, or repeatedly refuses or fails to supply enough properly skilled
workers or proper materials to diligently perform its obligations under this
Contract;
2. fails to make payments to subcontractors or suppliers for materials
furnished or labor performed in accordance with the respective agreements
between Contractor and any subcontractors or suppliers;
3. violates federal, state or local laws, ordinances, rules, regulations or orders
of a public authority having jurisdiction over the Work or the Property; or
4. is otherwise in breach of a provision of the Contract Documents.
11.2(b) When any of the above reasons exist, Owner, after consultation with the Owner's
Representative, may without prejudice to any other rights or remedies of Owner and after
giving Contractor and Contractor's surety, if any, written notice, terminate the
employment of the Contractor and may:
1. take possession of the Property and of all materials located thereon owned
by the Contractor;
2. finish the Work by whatever reasonable means or method the Owner may
deem expedient.
11.2(c) When Owner or Owner's Representative terminates the Contract for one of the
reasons listed in 11.2(a), Contractor shall not be entitled to receive further payment until
all the Work is completed and accepted.
11.2(d) If the unpaid balance of the Contract Price exceeds costs to satisfactorily finish
the Work, such excess shall be paid to the Contractor. If such costs exceed the unpaid
balance, Contractor shall pay the difference to Owner. This obligation for payment shall
survive termination of the Contract.
Article 12
ASSIGNS
12.1 This Contract may not be assigned by either party.
Article 13
PERFORMANCE, GOVERNING LAW,VENUE AND JURISDICTION
13.1 The obligations under the terms of this Contract are performable in Tarrant County,
Texas. This Contract shall be construed in accordance with the laws of the State of
Texas. Venue for any action brought on the basis of this Contract shall lie exclusivel in
state courts located in Tarrant County Texas. In any such action the prevailing
CONTRACT FOR CONSTRUCTION 11 Rev. - - w.....
EXHIBIT E
shall recover from the other party all reasonable attorney's fees, court costs and
reasonable expenses incurred as a result of such action.
Article 14
SEVERABILITY
14.1 If any provisions of this Contract is held by a court of competent jurisdiction to be
invalid, unenforceable or illegal in any respect, the validity, enforceability and legality of
the remaining provisions of the Contract shall not in any way be affected or impaired.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
CONTRACT FOR CONSTRUCTION 12 Rev. 6-8-06
EXHIBIT E
EXECUTED in multiple originals this day of ,. 200_.
OWNER
By:
Its:
CONTRACTOR:
By:
Its:
OWNER'S REPRESENTATIVE
CITY OF FORT WORTH HOUSING DEPARTMENT:
By:
Title
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
(U
CONTRACT FOR CONSTRUCTION 13 Rev. 6-8-06
EXHIBIT E
ADDENDUM #1
A minimum of five (5)inspections is required:
(1)FIRST REQUIRED INSPECTION
Foundation- No concrete shall be placed without the steel, poly, plumbing and beams
inspection. After the slab is poured, Contractor will receive the first draw in the amount
of eighteen percent (18%) of the Contract Price.
(2) SECOND REQUIRED INSPECTION
Framing- After the house has been framed, decked, cornice installed, window installation,
roofing and siding is completed, Contractor will receive the second draw in the amount of
eighteen percent(18%) of the Contract Price.
(3) THIRD REQUIRED INSPECTION
After the electrical rough in, plumbing top-out, HVAC rough in and the wall insulation
are completed (prior to installation of drywall), Contractor will receive the third draw in
the amount of eighteen percent (18%) of the Contract Price.
(4) FOURTH REQUIRED INSPECTION
After the installation of the drywall, tape/ bed/ texture, trim-out, interior and exterior
paint, floor coverings, cabinets and counter tops and the plumbing trim out and brick are
completed, Contractor will receive the fourth draw in the amount of eighteen percent
(18%) of the Contract Price.
(5) FIFTH REQUIRED INSPECTION
Final inspection-After installation of appliances, completion of the punch list, delivery of
all warranties, waivers, as-build survey, bills paid affidavits and receipt of final approval
for occupancy by any governmental authority and after all finish work, the drive and
approach, grading, electrical, HVAC, and attic insulation have been completed and the
Building card has been signed off as being complete, Contractor will receive the fifth
draw in the amount of eighteen percent(18%) of the Contract Price.
RETAINAGE
The ten percent (10%) retainage will be released thirty (30) days after completion and
acceptance of the house by the Owner and Owner's Representative.
CONTRACT FOR CONSTRUCTION 14 Rev. 6-8-06
EXHIBIT E
ADDENDUM #2
PROPERTY: , Fort Worth, TX
The following items are to be included in the Contract:
Plot plan and Survey
Site prep and dirt work
Driveway(including 10'-0"x 20'-0"parking pad)
Curb cut
Approach
Water and sewer lines from tap to house
Cost includes termite certificate
2-10 Home Buyers Warranty
Compliance with current Model Energy Code
18 Foot Cubic Refrigerator w/icemaker
Two ceiling fans
4" of Top Soil
CONTRACT FOR CONSTRUCTION 15 Rev.6-8-06
EXHIBIT E
ADDENDUM#3
ORDINANCE NO. 14171
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
FORT WORTH(1986)AS AMENDED, BY THE ADDITION OF SECTION 7-50
ENTITLED "ACCESSIBILITY STANDARD FOR CERTAIN CITY ASSISTED
HOUSING CONSTRUCTIONPROGRAMS" REQUIRING CERTAIN
BUILDING STANDARDSIN CITY ASSISTED HOUSING PROGRAMS TO
PROVIDEBASIC ACCESS TO PERSONS WITH DISABLITIES;
PROVIDINGTHAT THIS ORDINANCE SHALL BE CUMULATIVE OF
OTHERORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
ANDPROVIDING AN EFFECTIVE DATE
WHEREAS, persons with disabilities and their immediate families are often
isolated in their own homes because the homes of their acquaintances contain
insurmountable barriers, and often experience difficulty in finding a suitable house to rent
or buy; and
WHEREAS, certain features in housing construction make new houses more
accessible and livable for persons with disabilities and thus enhance the quality of life for
these persons.
WHEREAS, the City of Fort Worth is committed to provide accessibility to
persons with disabilities through its housing programs.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
This ordinance is to require certain standards in the construction of new single family
dwellings, duplexes and triplexes that are constructed with city assistance as SECTION 2,
to make houses more accessible for persons with disabilities.
SECTION 2.
The following requirements shall be applicable to the construction of new single- family
dwelling, duplexes, and triplexes ("Applicable Dwelling Units"), with city assistance.
For purpose of this ordinance, "city assistance" shall mean funds for the construction of
Applicable Dwelling Units in and city-funded program, with the funding source of
CDBG, HOME or any other federal, state or local housing programs.
SECTION 3.
CONTRACT FOR CONSTRUCTION 16 Rev. 6-8-06
EXHIBIT E
The following design requirements shall apply:
Requirement 1. Building Entrance
Applicable Dwelling Units must provide at least one building entrance on an accessible
route served by a no- step entrance or a ramp in compliance with the CABO/ANSI-
A 117.1, Accessible and Usable Buildings and Facilities Standard, as adopted by the Fort
Worth Building Code ("Accessibility Standard") and having a maximum slope not to
exceed one in twelve (1:12); unless it is impractical to do so because of terrain or unusual
characteristics of the site as determined by a City of Fort Worth building official ("City
building Official") upon review of the written request set forth in SECTION 4. The
building entrance doors shall comply with the Accessibility Standard and shall have a
minimum clear opening of 32 inches. The entrance may be at the front, side or back of a
dwelling as long as an accessible route such as a garage or sidewalk serves it.
Requirement 2. Interior doors.
All Applicable Dwelling Units, whether or not on an accessible route, shall provide doors
designed to allow sufficient width for the passage of wheelchairs. Except those serving
closets less than 15 square feet in area, interior doors within an Applicable Dwelling Unit
must provide a minimum of 30" clear opening. A 2'8" door or standard 6'0 sliding patio
door assembly is deemed sufficient to comply with this requirement, provided however,
compliance with requirements on Maneuvering Clearance at Doors in the Accessibility
Standard shall not be mandatory.
Requirement 3. Accessible routes into and through the Applicable Dwelling Unit.
An Applicable Dwelling Unit must provide as accessible route through the hallways and
passageways of the first floor of the unit. Further, the accessible route must provide a
minimum of width of 36", except through doors, and be level with ramped or beveled
changes at door thresholds.
Requirement 4. Wall reinforcement in bathroom.
Reinforcement in the walls shall be provided at designated locations as specified by the
Accessibility Standard, so that grab bars may be installed, if needed, at a later date
without the necessity of removing portions of the existing wall.
Requirement 5. Light switches, electrical outlets, thermostats and other environmental
controls.
All Applicable Dwelling Units shall be designed and constructed to contain light
switches, electrical outlets, thermostats and other controls in compliance with the
requirement of the Accessibility Standard. Where multiple controls serve the same
elements (e.g., two remote switches for a light) only one must be accessible.
CONTRACT FOR CONSTRUCTION 17 Rev.6-8-06
EXHIBIT E
SECTION 4.
SECTION 3 Requirement 1 (Building Entrances) may be waived by the Building Official
when in his/her opinion, due to grade or site conditions ("Conditions"), access by ramp is
unattainable. A person requesting said waiver shall file a written request ("Request")
with the City Building Official at the City of Fort Worth Development Department and
include all documents necessary to prove the existence of the Conditions. The Request
shall demonstrate that the Conditions on the site render it impossible to comply with the
requirement for exterior accessibility in this ordinance. Within 10 calendar days from the
receipt of a completed Request, the City Building Official shall render a written decision.
A copy of the decision shall be filed in the official records of the Development
Department. Appeals to the City Building Official's decision shall be made to the
Construction and Fire Prevention Board in accordance with Section 7-47 of the City
Code.
SECTION 5.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (1986) , as amended, except where the provisions of this
Ordinance are in direct conflict with the provisions of such ordinances and such Code, in
which event conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 6.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and if any phrases, clause,
sentences, paragraph or section of this ordinance shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections
of this ordinance, since the same would have been enacted by the City Council without
the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 7.
This ordinance shall take effect and be in full force and effect from and after the date of
its passage, and it is so ordained.
CONTRACT FOR CONSTRUCTION 18 Rev.6-8-06
CITY OF FORT WORTH ATTACHIYIENTI
HOUSING DEPARTMENT
SUBGRA.NTEE'S REQUEST FOR FUNDS
Agency
Program N ame:
Contract Number. Report Period:
Date of Request:
CASH BALANCE ANALYSIS FOR
1. Beginning Cash Balance $ $
2. Amount Received:
Program Income $ $
City of Fort Worth $ $
Interest Earned $ $
3. Total Funds Available(1 +2) $ $
4. Less Expenditure(detail statement cost) $ $
5. ENDING CASH BALANCE (3-4) $ $
6. Estimated Expenditures $
7. Funds Needed(6=5) $
8. Less Estimated.Program Income $
9: Unpaid Request for Payment Previously Submitted $
10.Amount of This Request(7-8 &9) $
L MARS=-Purchasing Request
A. MARS INPUT: Vendor/PO Number/Requisition Number
B. Fiund/Account/Center
C. Total Amount of this Request
IN
1. Verification
A. Model Blocks Planner: ! /
(N—)
B: Contract Manager. ! !
(IJamc
C. Accounting:
(N—)
2. Authorization.
A. Agency: ! !
(Name
B. Mgmt&Budget
Administrator
(N�1
Housing Director
IF OVER 56,500.00 (N—)
i
CITY OF FORT WORTH ATTACHMENT II
HOUSING DEPARTMENT
MANAGEMENT AND BUDGET DIVISION
DETAIL STATEMENT OF COSTS
CONTRACINO. DATE
AGENCY
TO
PROGRAM REPORT PERIOD
PROGRAM MONTHLY CUMULATIVE
COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE
PERSONAL SERVICES
Salaries 516010
FICA 518010.
Life Insurance 518050
t
nsurance 518060
o t-Federal 518090
o entTax-State 518090
s Co 518040
ent 518070
SUPPLIES
Office Supplies 521010
Postage 521020
Teaching Aids 522030
Food Supplies- r=u__: .;.:.. "-522030
[TEi�lephone
in Supplies 523300
TUAL SERVICES.
535040
535020
535010
Water/Waste Disposal 535030
Rent(Buildin 537010
Custodial Services 539220
Office Equipment Rental 537030
Printing . 533030
Re airs 53600
Fideli Bond
53,8210
Liabili Insurance 534020
Le &Accountin 538060
Private Auto Allowance-Local 532130
Advertising 533010
Conferences a Seminars 531180
Contractual Services 539120
Indirect Cost ' 517010
CAPITAL OUTLAY
Furniture,Fixtures 541330
Office Equipment 541370
Property Insurance.
TOTAL
Sub-Contractors Certification: I certify that the costs incurred ate taken from the books of accounts and that such costs are valid
and consistent with the temps of the agreement
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
CITY OF FORT WORTH ATTACHMENT III
HOUSING DEPARTMENT
MANAGEMENT AND BUDGET DIVISION
EXPENI)MMES WORKSHEET
CONTRACT N0. DATE
AGENCY
TO
PROGRAM REPORT PERIOD
CHECK
NO. DATE # PAYEE DESCRIPTION ACCOUNT NO. AMOUNT
1 '
2
3
4
5
6
T
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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 SIGNATURE and DATE
_, ---` ATTACHMENT IV
MONTHLY NARRATIVE REPORT
MONTH REPORTING
FROM: TO-
1 . ACCOMPLISHI-IENTS
II . ADDITIONAL COMMENTS REGARDING ACCOMPLISHMENTS THIS MONTH:
III. ' PROBLEMS ENCOUNTERED AND SOLUTIONS PROPOSED:
IV- ANTICIPATED ACTIVITIES DURING NEXT .MONTH:
ATTAC MM IV(a)
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ATTACENEW V
CITY OF FORT WORTH
Housing Department
SUBGRANTEE'S PROGRAM INCOME REPORT
Project Name:
CASH BALANCE ANALYSIS FOR. Current Month Cumulative
BEGINNING CASH BALANCE
Plus: Program Income
Funds Received From City
Interest Earned
Total Receipts - -
Total Available - -
Less: Property Acquisition
Taxes
Contractor Draw Requests
Closing Costss
Fencing
Appliances
Utilities
Salary Expenses
Lawn Maintenance
Insurance
Tools/Supplies
Appraisals
Total Disbursements - -
ENDING CASH BALANCE - -
Funds Requested This Report
Funds Returned to City
Executive Director Date
Planning Manager Date
Contract.Compliance Specialist Date
Accountant Date
Phyllis C.Johnson—Sr.Administrative Services Manager Date
/ I
Jerome C.Walker—Housing Director(f over$8,500) Date
City of Fort Worth, Texas
411060V and Council communievaon
DATE REFERENCE NUMBER LOG NAME PAGE
8126103 C-19733 05CARVERHTS 1 of 2
SUBJECT REALLOCATION OF UNDESIGNATED FUNDS FOR IMPLEMENTATION OF CARVER
HEIGHTS EAST MODEL BLOCKS COMMUNITY REVITALIZATION STRATEGY
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to reallocate $600,000 in FY2003 Home Investment Partnerships
Program (HOME) funds, and $600,000 in Year XXIX Community Development Block Grant (CDBG)
funds for a total of$1,200,000 to the Carver Heights East (CHE) Model Blocks Program as follows:
a. Reallocate $400,000 in FY2003 HOME funds to the CHE Home Improvement Loan Program; and
b. Reallocate $150,000 in FY2003 HOME funds to the CHE Housing Development Program; and
c. Reallocate$50,000 in FY2003 HOME funds to the CHE Housing Programs Operating Support; and
d. Reallocate $214,000 in Year XXIX CDBG funds to the CHE Sidewalk Installation Program; and
e. Reallocate $200,000 in Year XXIX CDBG funds to the CHE Home Improvement Program; and
f. Reallocate$50,000 in Year XXIX CDBG funds to the CHE Housing Programs Operating Support; and
g. Reallocate $90,000 in Year XXIX CDBG funds to the CHE Minor Home Repair Program; and
h. Reallocate $35,000 in Year XXIX CDBG funds to the CHE Neighborhood Entrance Marker
Program; and
i. Reallocate $8,900 in Year XXIX CDBG funds to the CHE Streetlight Improvement Program; and
j. Reallocate $2,100 in Year XXIX CDBG funds to the CHE Street Sign Topper Program; and
2. Execute a contract with the Carver Heights East Rebuilding Corporation in the amount of $340,000
to implement housing development (item b), program operating support (items c and f), and the
Minor Home Repair program (item g) portions of the Community Revitalization Strategy for the CHE
Model Blocks area over a two-year period extending from the date of the signing of the contract; and
3. Extend or renew the contract if Carver Heights East Rebuilding Corporation requests an extension
or renewal; and
4. Amend the contracts, if necessary, to achieve CHE's revitalization goals, provided that the
amendment is compatible with the neighborhood revitalization strategy and in compliance with
applicable laws and regulations.
DISCUSSION:
Carver Heights East won the City of Fort Worth's Fourteenth Model Blocks designation in February 2003.
The CHE area is bound on the north and the east by Truman Drive, on the south by Ramey Street and
on the west by the Highway 820 Access Road (see attached map).
City of Fort Worth, Texas
,Y!3460C And Council commal"kation
DATE REFERENCE NUMBER LOG NAME
PAGE
8/26/03 C-19733 05CARVERHTS 2 of 2
SUBJECT REALLOCATION OF UNDESIGNATED FUNDS FOR IMPLEMENTATION OF CARVER
HEIGHTS EAST MODEL BLOCKS COMMUNITY REVITALIZATION STRATEGY
SUMMARY OF THE CARVER HEIGHTS EAST MODEL BLOCKS COMMUNITY REVITALIZATION
STRATEGY
The CHE Community Revitalization Strategy identifies two major areas for improvement: housing, and
infrastructure. In developing its plan, the CHE Neighborhood Association worked with many area
stakeholders such as schools, community groups, non-profit organizations, and businesses.
The following are Carver Heights East's strategies for utilizing the $1.2 million Model Blocks Program
funds:
Rehabilitate owner-occupied homes (16) $ 600,000
Install sidewalks (To be determined) $ 214,000
Housing Development (2 homes per year) $ 150,000
Housing Program Support (2 Years) $ 100,000
Minor Home Repair Program (20 Homes) $ 90,000
Construct neighborhood entrance markers (2) $ 35,000
Upgrade existing streetlights (25) $ 4,500
Install additional streetlights (2) $ 4,400
Install street sign toppers (40) $ 2,100
Total $1,200,000
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Grants Fund.
RR:r
Submitted for City Manager's FUND JACCOUNT CENTER I AMOUNT CITY SECRETARY
Office by: (to)
GR76 539120 005206846100 $400,000.00
Reid Rector 6140 GR76 539120 005206846110 $150,000.00
Originating Department Head: GR76 539120 005206845910 $200,000.00
GR76 539120 005206846120 $ 50,000.00
GR76 539120 005206845900 $214,000.00
GR76 539120 005206845920 $ 50,000.00
GR76 539120 005206845930 $ 90,000.00
GR76 539120 005206845940 $ 35,000.00
GR76 539120 005206845950 $ 8,900.00
GR76 539120 005206845960 $ 2,100.00
Jerome Walker 7537 (from) APPROVED 08/26/03
GR76 539120 005206846040 $600,000.00
Additional Information Contact: GR76 539120 005206845230 $600,000.00
Jerome Walker 7537