HomeMy WebLinkAboutContract 56990CITY SECRETARY
STATE OF TEXAS § t, f iCITRACT NO.
COUNTY OF TARRANT §
This contract ("Contract") is made and entered into by and between the City of Fort
Worth (hereafter "City") and the Development Corporation of Tarrant County, Inc. (hereafter
"DCTC"), a Texas non-profit corporation. City and DCTC may be referred to individually
as a "Party" and jointly as "the Parties".
The Parties state as follows:
WHEREAS, City has received a grant from the United States Department of Housing
and Urban Development through the HOME Investment Partnerships Program, Catalog of
Federal Domestic Assistance No. 14.239, with which City desires to promote activities that
expand the supply of affordable housing and the development of partnerships among City,
local governments, local lenders, private industry and neighborhood -based nonprofit housing
organizations;
WHEREAS, the primary purpose of the 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. and the HOME Investment Partnerships
Program Final Rule, as amended, 24 CFR Part 92 et seq. is to benefit low income citizens by
providing them with affordable housing;
WHEREAS, a portion of City's HOME funds are reserved for the use of certain
housing development entities that qualify under the HOME Regulations as a Community
Housing Development Organization or CHDO;
WHEREAS, DCTC is a Texas non-profit corporation managed by a volunteer Board
of Directors working to increase the number of quality, accessible, and affordable ownership
housing units available to low and moderate income persons and families and has fulfilled
the requirements of the HOME Program to be a Community Housing Development
Organization;
WHEREAS, City has certified that DCTC is a Community Housing Development
Organization and has specically re -certified as a CHDO for the purpose of this Contract;
WHEREAS, City has provided HOME CHDO funds to DCTC to construct single
family houses for sale to low to moderate income homebuyers; '
WHEREAS, City has awarded operating funds to DCTC for the purpose of assisting
DCTC's efforts to develop and maintain its operating capacity to expand the production of
affordable single family houses through new construction activities; and
WHEREAS, City residents and the City Council have determined that the
development of quality, accessible, affordable housing is needed for moderate, low, and very
low-income City residents.
OFFICIAL RECORD
CHDO OPERATING FUNDS CONTRACT 2023-2024 C' 8m ��923/21TZ3
Development Corporation of Tarrant County FT. WORTH, TX
NOW, THEREFORE, in consideration of the mutual covenants and obligations and
responsibilities contained herein, including all Exhibits and Attachments, and subject to the
terms and conditions hereinafter stated, the Parties understand and agree as follows:
1. INCORPORATION OF RECITALS.
City and DCTC hereby agree that the recitals set forth above are true and correct and
form the basis upon which the Parties have entered into this Contract.
2. DEFINITIONS.
In addition to terms defined in the body of this Contract, the following terms shall
have the definitions ascribed to them as follows:
Act means 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.
Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity
Ordinance, Ordinance No. 20020-12-2011.
Complete Documentation means the following documentation as applicable:
Attachments I and II, with supporting documentation as follows:
o Proof of expense: copies of timesheets, invoices, leases, service contracts or
other documentation showing the nature of the cost and that payment is due
by DCTC.
o Proof of payment: cancelled checks, bank statements, or wire transfers
necessary to demonstrate that amounts due by DCTC were actually paid by
DCTC.
Other documentation: (i) documentation showing compliance with BDE or DBE
bidding process for procurement or Contract activities, if applicable; (ii) proof of
contractor, subcontractor or vendor eligibility as described in Section 6.6; and (iii)
any documents or records reasonably necessary to verify costs.
• Complete Documentation shall meet the standards described in the attached
Exhibit "F" - Documentation Standards.
Community Housing Development Organization or CHDO means, as defined in 24 CFR
92.2 as amended from time to time, a private non-profit organization that:
(1) Is organized under State or local laws;
(2) Has no part of its net earnings inuring to the benefit of any member, founder,
contributor, or individual;
(3) Is neither controlled by, nor under the direction of, individuals or entities seeking
to derive profit or gain from the organization. A CHDO may be sponsored or
created by a for -profit entity, but:
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(i) The for -profit entity may not be an entity whose primary purpose is the
development or management of housing, such as a builder, developer, or
real estate management firm;
(ii) The for -profit entity may not have the right to appoint more than one-third
of the membership of the organization's governing body, and board
members appointed by the for -profit entity may not appoint the remaining
two-thirds of the board members;
(iii) The CHDO must be free to contract for goods and services from vendors
of its own choosing; and
(iv)The officers and employees of the for -profit entity may not be officers or
employees of the CHDO.
(4) Has a tax exemption ruling from the Internal Revenue Service under section 501(c)
(3) or (4) of the Internal Revenue Code of 1986; (26 CFR 1.501(c)(3)—1 or
1.501(c)(4)-1)), is classified as a subordinate of a central organization non- profit
under section 905 of the Internal Revenue Code of 1986, or if the private nonprofit
organization is an wholly owned entity that is disregarded as an entity separate
from its owner for tax purposes (e.g., a single member limited liability company
that is wholly owned by an organization that qualifies as tax-exempt), the owner
organization has a tax exemption ruling from the Internal Revenue Service under
section 501(c)(3) or (4) of the Internal Revenue Code of 1986 and meets the
definition of a CHDO;
(5) Is not a governmental entity (including the participating jurisdiction, other
jurisdiction, Indian tribe, public housing authority, Indian housing authority,
housing finance agency, or redevelopment authority) and is not controlled by a
governmental entity. An organization that is created by a governmental entity
may qualify as a CHDO; however, the governmental entity may not have the right
to appoint more than one-third of the membership of the organization's governing
body and no more than one-third of the board members may be public officials
or employees of the governmental entity. Board members appointed by a
governmental entity may not appoint the remaining two-thirds of the board
members. The officers or employees of a governmental entity may not be officers
or employees of a CHDO;
(6) (6) Has standards of financial accountability that conform to 2 CFR 200.302,
`Financial Management' and 2 CFR 200.303, `Internal Controls'
(7) Has among its purposes the provision of decent housing that is affordable to low-
income and moderate -income persons, as evidenced in its charter, articles of
incorporation, resolutions, or by laws;
(8) Maintains accountability to low-income community residents by:
(i) Maintaining at least one-third of its governing board's membership for
residents of low-income neighborhoods, other low-income community
residents, or elected representative of low-income neighborhood
organizations. For urban areas, "community" may be a neighborhood or
neighborhoods, city, county or metropolitan area; for rural areas, it may be
a neighborhood or neighborhoods, town, village, county, or multi -county
area (but not the entire State); and
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(ii) Providing a formal process for low -income -program beneficiaries to
advise the organization in its decisions regarding the design, siting,
development, and management of affordable housing;
(iii) Has a demonstrated capacity for carrying out housing projects with
HOME funds. A designated organization undertaking development
activities as a developer or sponsor must satisfy this requirement by having
paid employees with housing development experience who will work on
projects assisted with HOME funds. For its first year of funding as a
CHDO, an organization may satisfy this requirement through a contract
with a consultant who has housing development experience to train
appropriate key staff of the organization. An organization that will own
housing must demonstrate capacity to act as owner of a project and meet
the requirements of § 92.300(a)(2). A nonprofit organization does not meet
the test of demonstrated capacity based on any person who is a volunteer
or whose services are donated by another organization; and
(9) Has a demonstrated capacity for carrying out activities assisted with HOME funds;
(10) Has a history of serving the community within which housing to be assisted with
HOME funds is to be located; In general, an organization must be able to show
one year of serving the community before HOME funds are reserved for the
organization. However, a newly created organization formed by local churches,
service organizations or neighborhood organizations may meet this requirement
by demonstrating that its parent organization has at least a year of serving the
community; and
(11) Has at least one full-time staff person.
Construction Contracts means collectively City Secretary Contract No. 56986 for 1400
Wallace Street, No. 56987 for 2528 Wallace Street, No. 56988 for 3507 Avenue G, and No.
56989 for 3732 Avenue J Elmwood between City and Tarrant County Development
Corporation for the construction of single family houses in the Polytechnic Neighborhood
of Fort Worth.
DBE means disadvantaged business enterprise in accordance with 49 CFR Part 26.
Director means the Director of the Neighborhood Services Department.
Effective Date means the date of execution by the last of the Parties of this Contract.
HOME means the HOME Investment Partnerships Program.
HOME CHDO Operating Funds means the HOME Program grant funds supplied by City
to CHDO under the terms of this Contract.
HOME Regulations means the HOME Investment Partnerships Program Final Rule found at
24 CFR Part 92 et seq.
HUD means the United States Department of Housing and Urban Development.
IDIS means HUD's Integrated Disbursement Information System.
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Neighborhood Services Department means the City's Neighborhood Services
Department.
Reimbursement Request means all reports and other documentation described in Section
3. TERM.
The term of this Contract commences on the Effective Date and terminates after the
expiration of one year unless earlier terminated as provided in this Contract.
4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Provide HOME CHDO OperatinLr Funds.
City shall provide up to $60,000.00 of HOME CHDO Operating Funds for eligible
administration and operating expenses relating to the production of affordable single family
houses to be sold to HOME -eligible homebuyers.
4.1.1 Eligible Expenses.
Eligible administration and operating expenses under this Contract shall be limited to
(i) salaries, wages and other employee compensation and benefits; (ii) job -related education,
training and travel expenses for employees; and (iii) equipment, materials and supplies as
further described on Exhibit "B" — Budget.
4.2 City Will Monitor.
City will monitor the activities and performance of DCTC and any of its contractors,
subcontractors or vendors annually as required by 24 CFR Part 92.504.
4.3 CHDO Certification.
4.3.1 CHDO Certification by City.
Each time City commits HOME funds it must re -certify a nonprofit's qualifications
to be a CHDO and its capacity to own, sponsor or develop housing in accordance with
Section 92.300(a) of the HOME Regulations.
4.3.1.1 By execution of this Contract, City represents that it has re- certified that
Developer meets the CHDO definition and has the capacity to fulfill the role of developer of
a project.
5. DCTC OBLIGATIONS.
5.1. Maintain CHDO Status.
5.1.0 CHDO Requirements Met.
By the execution of this Contract, DCTC represents that it meets the
requirements for designation as a CHDO set forth in 24 CFR Part 92.2.
5.1.2 CHDO Status Reports.
DCTC has a continuing duty to provide City with all documentation or
information in regard to any change in its status as a CHDO or as a 501(c)(3) tax exempt
entity within 10 business days of said change. DCTC shall provide an annual board roster
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and proof of its continued status as a CHDO to City by December 2nd of each year. DCTC
shall replace any board member who resigns or is otherwise no longer able to serve within 3
months of the vacancy. The failure of DCTC to maintain its status as a CHDO and a
501(c)(3) tax exempt entity shall result in termination of this Contract and return of all
HOME Funds to City if DCTC is unable to cure any violations of this Section within 30
calendar days of written notice from City.
5.1. Operate DCTC to Maintain CHDO Certification.
DCTC shall conduct its operations in such a manner as to maintain its status as a
CHDO throughout the term of this Contract.
5.2 Use of HOME CHDO Operating Funds.
5.2.1 Costs in Compliance with HOME Regulations and Contract.
DCTC shall use the HOME CHDO Operating Funds to operate the DCTC as set forth
herein. DCTC shall be reimbursed for eligible operating costs with HOME CHDO Operating
Funds only if City determines in its sole discretion that:
5.2.1.1 Costs are eligible expenditures in accordance with HOME
Regulations.
5.2.1.2 5.2.1.2 Costs are in compliance with this Contract and are
reasonable, necessary, and consistent with industry norms.
5.2.1.3 Complete Documentation, as applicable, is submitted by DCTC.
5.2.2 Budget.
DCTC agrees that the HOME CHDO Operating Funds will be paid on a reimbursement
basis in accordance with Exhibit `B" —Budget and Exhibit "C" — Reimbursement Schedule.
DCTC may increase or decrease line -item amounts in the Budget with the Director's prior written
approval, which approval shall be in the Director's sole discretion, so long as the expenses are in
compliance with 5.2.1, comply with Exhibit "A" — CHDO Operating Expense Summary,
and the total amount of HOME CHDO Operating Funds is not increased.
5.2.3 Change in HOME CHDO Operating Funds Budget.
5.2.3.1 DCTC will notify City promptly of any additional funds it receives
for operating expenses, and City reserves the right to amend this
Contract in such instances to ensure compliance with HUD
regulations governing cost allocation.
5.2.3.2 DCTC agrees to utilize the HOME CHDO Operating Funds to
supplement rather than supplant funds.
5.2.3.3 Notwithstanding any provision in this Contract to the contrary,
DCTC's efforts to identify and secure alternative funding sources
shall not delay the performance of any obligations of either DCTC
or City under this Contract.
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5.3 Payment of HOME CHDO Operatiniz Funds to DCTC.
HOME CHDO Operating Funds will be disbursed to DCTC upon City's approval of
DCTC's written and signed Reimbursement Requests, including submission of Complete
Documentation to City in compliance with Section 10. It is expressly agreed by the Parties
that any HOME CHDO Operating Funds not reimbursed to DCTC under the terms of this
Contract shall remain with City.
5.4 Identify Expenses Paid with HOME CHDO Operating Funds.
DCTC will keep accounts and records in such a manner that City may readily identify
and account for expenses reimbursed with HOME CHDO Operating Funds. These records
shall be made available to City for audit purposes and shall be retained as required hereunder.
5.5 CHDO Certification.
5.5.1. Meet CHDO Requirements.
By the execution of this Contract, DCTC represents that it meets the requirements for
designation as a CHDO set forth in 24 CFR 92.2.
5.5.2 Report on CHDO Status.
DCTC has a continuing duty to provide City with any documentation or information
in regard to any change in its status as a CHDO or as a 501(c)(3) tax exempt entity within
10 business days of said change. DCTC shall provide an annual board roster and proof of
its continued status as a CHDO to City by January 311t of each year. DCTC shall replace
any board member who resigns or is otherwise no longer able to serve within 3 months of
the vacancy. The failure of DCTC to maintain its status as a CHDO shall result in the
termination of this Contract and return of all HOME CHDO Operating Funds to City.
6. INTENTIONALLY DELETED.
7. INTENTIONALLY DELETED.
8. ADDITIONAL HOME REQUIREMENTS.
DCTC agrees to comply with all requirements of the HOME Program as stated in the
HOME Regulations, including, but not limited to the following:
8.1 Environmental Review.
HOME CHDO Operating Funds will not be paid and costs cannot be incurred until
City has conducted and completed an environmental review as required by 24 CFR Part 58.
8.2. Monitoring.
8.2.1 DCTC understands and agrees that it will be subject to monitoring by City for
compliance with the HOME Regulations until the project is closed in IDIS and for 5 years
after completion of the Contract. DCTC will provide reports and access to project files as
requested by City during the term of the Contract and for 5 years after the project is closed in
IRIS.
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8.2.2 Representatives of City, HUD and the United States Comptroller General shall
have access during regular business hours upon 48 hours' prior notice to DCTC's offices and
records that are related to the use of the HOME CHDO Operating Funds, and to its officers,
directors, agents, employees, contractors, subcontractors and vendors for the purpose of such
monitoring.
8.2.3 In addition to other provisions of this Contract regarding frequency of
monitoring, City reserves the right to perform desk reviews or on -site monitoring of DCTC's
compliance with the terms and conditions of this Contract.. After each monitoring visit, City
shall provide DCTC with a written report of the monitor's findings. If the monitoring report
notes deficiencies in DCTC's performance, the report shall include requirements for the
timely correction of said deficiencies by DCTC. Failure by DCTC to take the action specified
in the monitoring report may be cause for suspension or termination of this Contract as
provided herein, or repayment of the funds disbursed under this Contract.
8.2.4 DCTC shall provide City annually the results of any state or federal
monitoring. Such results shall be submitted within 60 days of receipt of such state or federal
monitoring report, or with the January Reimbursement Request, whichever is earlier.
8.2.5 This Section 8.2 shall be applicable for the duration of the Contract term and
for 5 years thereafter and shall survive the earlier termination or expiration of this Contract.
8.3 DCTC Procurement Standards.
8.3.1 DCTC shall ensure that procurement of materials and services is done in a cost
effective manner. DCTC shall comply with all applicable federal, state and local laws,
regulations, and ordinances for making procurements under this Contract. In addition to the
conflict of interest provisions in Section 14.13.3, DCTC shall establish written procurement
procedures to ensure that materials and services are obtained in a cost-effective manner that
provides for full and open competition. When procuring materials and services for this
Contract, DCTC shall comply at a minimum with the procurement standards in 2 CFR Part
200.317 through Part 200.326.
8.3.2 Contracts in excess of $10,000.00 made by DCTC using HOME CHDO
Operating Funds must address termination for cause and convenience including the manner
by which such termination shall be effected and the basis for settlement of the terminated
contract, if any, as required by Appendix II (B), 2 CFR Part 200.
8.3.3 DCTC shall not make any contract with parties listed on the government- wide
System for Award Management, www.sam.gov ("SAM"). DCTC must confirm by search of
SAM that all contractors paid with HOME CHDO Operating Funds are not listed by SAM as
being debarred, both prior to hiring and prior to submitting a Reimbursement Request which
includes invoices from any such contractor. Failure to submit such proofs of search shall be
an event of default.
8.3.4 Cost Principles/Cost Reasonableness.
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DCTC shall administer its use of HOME CHDO Operating Funds in compliance with
2 CFR Part 200, as applicable. The eligibility of costs incurred for performance rendered shall
be determined in accordance with 2 CFR Part 200.400 through 2 CFR Part 200.475.
8.3.5 Financial Management Standards.
DCTC agrees to comply with 2 CFR Part 200, as applicable. DCTC also agrees to
adhere to the accounting principles and procedures required therein, utilize adequate internal
controls, and maintain necessary supporting and back-up documentation for all costs incurred
in accordance with 2 CFR Part 200.302 and Part 200.303.
8.3.6 Uniform Administrative Requirements.
DCTC will comply with the Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards in 2 CFR Part 200, as applicable, or any
reasonably equivalent procedures and requirements that City may require.
8.4 Terms Applicable to Contractors, Subcontractors and Vendors.
DCTC understands and agrees that all terms of this Contract, whether regulatory or
otherwise, shall apply to any and all contractors, subcontractors and vendors of DCTC which
are in any way paid with HOME CHDO Operating Funds or who perform any work in
connection with the Program. DCTC shall cause all applicable provisions of this Contract to
be included in and made a part of any contract or subcontract executed in the performance of
its obligations hereunder, including its obligations regarding the HOME Requirements and
the HOME Regulations. DCTC shall monitor the services and work performed by its
contractors, subcontractors and vendors on a regular basis for compliance with the HOME
Requirements, the HOME Regulations and Contract provisions. DCTC must cure all
violations of the HOME Requirements and HOME Regulations committed by its contractors,
subcontractors or vendors. City maintains the right to insist on DCTC's full compliance with
the terms of this Contract and the HOME Requirements and HOME Regulations and DCTC
is responsible for such compliance regardless of whether actions to fulfill the requirements of
this Contract or the HOME Regulations are taken by DCTC or by DCTC's contractors,
subcontractors or vendors. DCTC acknowledges that the provisions of this Section shall
survive the earlier termination or expiration of this Contract and shall be applicable for 5 years
after the Contract term ends.
8.5 Copyrillht and Patent Rights.
No reports, maps, or other documents produced in whole or in part under this Contract
shall be the subject of an application for copyright by or on behalf of DCTC. HUD and City
shall possess all rights to invention or discovery, as well as rights in data, which may arise as
a result of DCTC's performance under this Contract.
8.6 Conflict of Interest Disclosure.
In accordance with the requirements of Section 14.13.2.1 and 14.13.4, DCTC shall
establish conflict of interest policies for federal awards. DCTC shall disclose to City in
writing any potential conflict of interest.
8.7 Compliance with FFATA and Whistleblower Protections.
DCTC shall comply with the requirements of 2 CFR 300(b), including provisions of the
Federal Funding Accountability and Transparency Act ("FFATA") governing requirements
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on executive compensation and provisions governing whistleblower protections contained
in 10 U.S.C. 2409, 41 U.S.C. 4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310.
8.7.1 DCTC shall provide City with its Data Universal Numbering System
("DUNS") number.
8.8 Internal Controls.
In compliance with the requirements of 2 CFR Part 200.303, DCTC shall:
8.8.1 Establish and maintain effective internal control over the HOME CHDO
Operating Funds that provide reasonable assurance that DCTC is managing the HOME
CHDO Operating Funds in compliance with federal statutes, regulations, and the terms and
conditions of this Contract. These internal controls shall be in compliance with guidance
in "Standards for Internal Control in the Federal Government" issued by the Comptroller
General of the United States or the "Internal Control Integrated Framework" issued by the
Committee of Sponsoring Organizations of the Treadway Commission ("COSO");
8.8.2 Comply with federal statutes, regulations, and the terms and conditions of this
Contract;
8.8.3 Evaluate and monitor DCTC's compliance with statutes, regulations and the
terms and conditions of this Contract;
8.8.4 Take prompt action when instances of noncompliance are identified including
noncompliance identified in audit findings; and
8.8.5 Take reasonable measures to safeguard protected personally identifiable
information and other information that HUD or City designates as sensitive or DCTC
considers sensitive consistent with applicable federal, state, local and tribal laws regarding
privacy and obligations of confidentiality.
8.9 This Section 8 shall be applicable for the duration of the Contact term and for
5 years thereafter and shall survive the earlier termination or expiration of this Contract.
9. RECORD KEEPING, REPORTING AND DOCUMENTATION
REQUIREMENTS, RIGHT TO AUDIT.
9.1 Record KeepinjZ.
DCTC shall maintain a record -keeping system as part of its performance of this
Contract and shall promptly provide City with copies of any document City deems necessary
for the effective fulfillment of City's monitoring and evaluation responsibilities. Specifically,
DCTC will keep or cause to be kept an accurate record of all actions taken and all funds spent,
with supporting and back-up documentation. DCTC will maintain all records and
documentation related to this Contract for 5 years after the Contract terminates. If any claim,
litigation, or audit is initiated before the expiration of the 5 year period, the relevant records
and documentation must be retained until all such claims, litigation or audits have been
resolved.
9.1.2 Access to Records.
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Representatives of City and HUD and any duly authorized officials of the Federal
government will have full access to, and the right to examine, audit, excerpt and/or transcribe
any of DCTC's records pertaining to all matters covered by this Contract for 5 years after the
Contract terminates. Such access shall be during regular business hours and upon at least 48
hours prior notice.
9.2 Reports.
DCTC will submit to City all reports and documentation described in this Contract in
such form as City may prescribe. DCTC may also be required to submit a final performance
and/or final financial report if required by City at the termination of this Contract in such
form and within such times as City may prescribe. Failure to submit any report or
documentation described in this Contract to City shall be an event of default of this Contract
and City may exercise all of it remedies for default under this Contract.
9.2.1 Additional Information.
DCTC shall provide City with additional information as may be required by state or
Federal agencies to substantiate HOME Program activities and /or project expenditure
eligibility.
9.3 Change in Reporting Requirements and Forms.
City retains the right to change reporting requirements and forms at its discretion.
City will notify DCTC in writing at least 30 days prior to the effective date of such change,
and the Parties shall execute an amendment to the Contract reflecting such change if
necessary.
9.4 City Reserves the Right to Audit.
City reserves the right to perform an audit of DCTC's project operations and finances at
any time during the term of this Contract or for 5 years after the Contract terminates, if City
determines that such audit is necessary for City's compliance with the HOME Regulations or other
City policies, and DCTC agrees to allow access to all pertinent materials as described herein.
If such audit reveals a questioned practice or expenditure, such questions must be resolved within
15 business days after notice to DCTC of such questioned practice or expenditure. If questions
are not resolved within this period, City reserves the right to withhold further funding under this
Contract and/or other contract with DCTC. IF AS A RESULT OF ANY AUDIT IT IS
DETERMINED THAT DCTC HAS FALSIFIED ANY DOCUMENTATION OR
MISUSED, MISAPPLIED OR MISAPPROPRIATED HOME DCTC OPERATING
FUNDS OR SPENT HOME DCTC OPERATING FUNDS ON ANY INELIGIBLE
ACTIVITIES, DCTC AGREES TO REIMBURSE CITY THE AMOUNT OF SUCH
MONIES PLUS THE AMOUNT OF ANY SANCTIONS, PENALTY OR OTHER
CHARGE LEVIED AGAINST CITY BY HUD BECAUSE OF SUCH ACTIONS.
10. REIMBURSEMENT REQUIREMENTS.
DCTC shall provide City with Complete Documentation and the following reports as
shown in Exhibit "E" — Reimbursement Forms with each Reimbursement Request:
10.1 Attachment I — Invoice.
This report shall contain the amount requested for reimbursement in the submitted
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request, and the cumulative reimbursement requested to date (inclusive of the current
request). This report must be signed by an authorized signatory of DCTC. By signing
Attachment I, DCTC is certifying that the costs are valid, eligible, and consistent with the
terms and conditions of this Contract, and the data contained in the report is true and correct.
10.2 Attachment II — Expenditure Worksheet.
This report shall itemize each expense such that Complete Documentation matches
each line item requested for reimbursement by DCTC. In order for this report to be complete
the following must be submitted:
10.2.1 Proof that each expense was paid by DCTC, which proof can be satisfied
by cancelled checks, wire transfer documentation, paid receipts or other appropriate banking
documentation.
10.3. Deadline for Submitting Reimbursement Requests.
All Reimbursement Requests along with Complete Documentation shall be submitted
by DCTC to City within 30 days from each of the deadlines as shown in Exhibit "C" —
Reimbursement Schedule.
10.4 Withholding Payment.
10.4.1 CITY SHALL WITHHOLD PAYMENTS REQUESTED UNDER
THIS CONTRACT IF COMPLETE DOCUMENTATION IS NOT RECEIVED.
10.4.2 CITY SHALL HAVE NO OBLIGATION TO MAKE PAYMENT ON
ANY REIMBURSEMENT REQUEST THAT IS NOT RECEIVED WITHIN 60 DAYS
OF THE DEADLINES SHOWN IN EXHIBIT "C" —REIMBURSEMENT SCHEDULE.
In addition, DCTC's failure to timely submit Reimbursement Requests and Complete
Documentation along with any required reports shall be an event of default.
10.5 Timinjz of Payment.
Provided that DCTC submits Complete Documentation to the Director in
conformance with this Contract, City will reimburse DCTC for eligible expenses within 30
calendar days.
11. DEFAULT AND TERMINATION.
11.1 Failure to Maintain or Submit Required Reports and
Documentation.
If DCTC fails to maintain all records and documentation as required in Section 9, or
fails to submit any report or documentation required by this Contract, or if the submitted
report or documentation is not in compliance with this Contract or the HOME Regulations as
determined by City in its sole discretion, City will notify DCTC in writing and DCTC will
have 30 calendar days from the date of the written notice to obtain or recreate the missing
records or documentation, or submit or resubmit any such report or documentation to City.
If DCTC fails to maintain the required reports or documentation, or submit or resubmit any
such report or documentation within such time, City shall have the right to terminate this
Contract effective immediately upon written notice of such intent with no penalty or liability
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to City.
11.2 In General.
11.2.1 Subject to Section 11.1, and unless specifically provided otherwise in this
Contract, DCTC shall be in default under this Contract if DCTC breaches any term or
condition of this Contract. In the event that such a breach remains uncured after 30 calendar
days following written notice by City (or such other notice period as may be specified herein),
or if DCTC has diligently and continuously attempted to cure following receipt of such
written notice but reasonably required more than 30 calendar days to cure, as determined by
both Parties mutually and in good faith, City shall have the right to elect, in City's sole
discretion, to (i) extend DCTC's time to cure, (ii) terminate this Contract effective
immediately upon written notice of such intent to DCTC. City's remedies may include:
11.2.1.1 Direct DCTC to prepare and follow a schedule of actions for
carrying out the affected activities, consisting of schedules,
timetables and milestones necessary to implement the affected
activities.
11.2.1.2 Direct DCTC to establish and follow a management plan that
assigns responsibilities for carrying out the remedial activities.
11.2.1.3 Cancel or revise activities likely to be affected by the
performance deficiency, before expending HOME CHDO
Operating Funds for the activities.
11.2.1.4 Reprogram HOME CHDO Operating Funds that have not yet
been expended from affected activities to other eligible
activities or withhold HOME CHDO Operating Funds.
11.2.1.5 Direct DCTC to reimburse City in any amount of HOME
CHDO Operating Funds not used in accordance with the
HOME Regulations.
11.2.1.6 Suspend reimbursement of HOME CHDO Operating Funds for
affected activities.
11.2.1.7 Any other appropriate action including but not limited to any
remedial action legally available such as declaratory judgment,
specific performance, damages, temporary or permanent
injunctions, termination of this Contract or any other contracts
with DCTC, including but not limited to the Construction
Contracts and any other available remedies.
11.2.2 In the event of termination under this Section 11.2, all HOME CHDO
Operating Funds awarded but unpaid to DCTC pursuant to this Contract shall be immediately
rescinded and DCTC shall have no further right to such.
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11.3 No Funds Disbursed while in Breach.
DCTC understands and agrees that no HOME CHDO Operating Funds will be paid
to DCTC until all defaults are cured to the satisfaction of City.
11.4 No Compensation After Date of Termination.
DCTC shall not receive any HOME CHDO Operating Funds for work undertaken
after the date of termination.
11.5 Rights of City Not Affected.
Termination shall not affect or terminate any of the existing rights of City against
DCTC, or which may thereafter accrue because of such default, and this provision shall be in
addition to any and all other rights and remedies available to City under the law. Such
termination does not terminate any applicable provisions of this Contract that have been
expressly noted as surviving the term or termination of this Contract. No delay or omission
by City in exercising any right or remedy available to it under this Contract shall impair any
such right or remedy or constitute a waiver or acquiescence in any DCTC default.
11.6 Waiver of Breach Not Waiver of Subsequent Breach.
The waiver of a default or breach of any term, covenant, or condition of this Contract
shall not operate as a waiver of any subsequent breach of the same or any other term, covenant
or condition hereof.
11.7 Civil, Criminal and Administrative Penalties.
Failure to perform all the Contract terms may result in civil, criminal or administrative
penalties, including, but not limited to those set out in this Contract.
11.8 Termination for Cause.
11.8.1 DCTC's uncured breach or default under the Construction Contracts shall
be cause for City to terminate this Contract automatically. In the event City terminates this
Contract for cause under this Section 11.8.1, all HOME CHDO Operating Funds awarded but
unpaid to DCTC pursuant to this Contract shall be immediately rescinded and DCTC shall
have no further right to such funds. DCTC ACKNOWLEDGES AND AGREES THAT
IF CITY TERMINATES THIS CONTRACT FOR CAUSE, DCTC OR ANY OF ITS
AFFILIATES SHALL NOT BE CONSIDERED FOR ANY OTHER CITY
CONTRACT FOR HOME FUNDS FOR A MINIMUM OF 5 YEARS FROM THE
DATE OF TERMINATION.
11.8.2 DCTC may terminate this Contract if City does not provide the HOME
CHDO Operating Funds substantially in accordance with this Contract.
11.9 Termination for Convenience.
In terminating in accordance with 2 CFR 200 Appendix II, this Contract may be
terminated in whole or in part only as follows:
11.9.1 By City with the consent of DCTC in which case the Parties shall agree
upon the termination conditions, including the effective date and in the case of partial
termination, the portion to be terminated, or
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11.9.2 By DCTC upon at least 30 days written notice to City setting forth the
reasons for such termination, the effective date, and in the case of partial termination, the
portion to be terminated. In the case of a partial termination, if City determines in its sole
discretion that the remaining portion of the Contract to be performed or HOME CHDO
Operating Funds to be spent will not accomplish the purposes for which the Contract was
made City may terminate the Contract in its entirety.
11.10 Dissolution of DCTC or Loss of CHDO Certification Terminates
Contract.
This Contract shall automatically terminate in the event DCTC is dissolved, ceases to
exist or loses its CHDO certification or status. .
11.11 Non -Appropriation of Funds.
In the event no funds or insufficient funds are appropriated by City in any fiscal
period for any payments due hereunder, City will notify DCTC of such occurrence and this
Agreement will terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to City of any kind whatsoever, except as to the
portions of the payments herein agreed upon for which funds have been appropriated.
12. INTENTIONALLY DELETED.
13. MATERIAL OWNERSHIP CHANGE.
If ownership of DCTC materially changes after the date of this Contract, City may but
is not obligated to, terminate this Contract. City has 30 days to make such determination after
receipt of notice from DCTC and failure to make such determination will constitute a waiver.
In the event of termination under this Section 13, all HOME CHDO Operating Funds awarded
but not yet paid to DCTC pursuant to this Contract shall be immediately rescinded and DCTC
shall have no further right to such funds.
14. GENERAL PROVISIONS
14.1 DCTC an Independent Contractor.
DCTC shall operate hereunder as an independent contractor and not as an officer,
agent, servant or employee of City. DCTC shall have exclusive control of, and the exclusive
right to control, the details of the work and services performed hereunder, and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
members, agents, servants, employees, contractors, subcontractors, vendors, tenants,
licensees or invitees.
14.2 Doctrine of Respondeat Superior.
The doctrine of respondeat superior shall not apply as between City and DCTC, its
officers, members, agents, servants, employees, contractors, subcontractors, vendors, tenants,
licensees or invitees, and nothing herein shall be construed as creating a partnership or joint
enterprise between City and DCTC. City does not have the legal right to control the details
of the tasks performed hereunder by DCTC, its officers, members, agents, employees,
contractors, subcontractors, vendors, tenants, licensees or invitees.
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14.3 DCTC Property.
City shall under no circumstances be responsible for any property belonging to DCTC,
its officers, members, agents, employees, contractors, subcontractors, vendors, tenants,
licensees or invitees that may be lost, stolen or destroyed or in any way damaged and DCTC
HEREBY INDEMNIFIES AND HOLDS HARMLESS CITY AND ITS OFFICERS,
AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS OR SUITS
PERTAINING TO OR CONNECTED WITH SUCH PROPERTY.
14.4 Religious Organization.
No portion of the HOME CHDO Operating Funds shall be used in support of any
sectarian or religious activity. In addition, there must be no religious or membership criteria
for buyers of a HOME -funded property.
14.5 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.
14.6 Governing Law.
This Contract shall be government by and construed in accordance with the laws of
the State of Texas. If any action, whether real or asserted, at law or in equity, arises out of
the execution, performance or non-performance of this Contract or on the basis of any
provision herein, for any issue not governed by Federal law, the choice of law shall be the
laws of the State of Texas.
14.7 Severability.
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.
14.8 Written Agreement Entire Agreement.
This written instrument and the Exhibits, Attachments and Addendums attached
hereto, which are incorporated by reference and made a part of this Contract for all purposes,
constitutes the entire agreement by the Parties 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 executed by the Parties.
14.9 ParaLyranh HeadinLys for Reference Only. No LeLal Significance:
Number and Gender.
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.
When context requires, singular nouns and pronouns include the plural and the masculine
gender shall be deemed to include the feminine or neuter and the neuter gender to include the
masculine and feminine. The words "include" and "including" whenever used herein shall
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be deemed to be followed by the words "without limitation".
14.10 Compliance With All Applicable Laws and Regulations.
DCTC agrees to comply fully with all applicable laws and regulations that are
currently in effect or that are hereafter amended during the performance of this Contract.
Those laws include, but are not limited to:
➢ HOME Investment Partnership Act as set out above as "Act"
➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.)
including provisions requiring recipients of Federal assistance to ensure
meaningful access by person of limited English proficiency
➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
Sections 3601 et seq.)
➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as
supplemented by Department of Labor regulations 41 CFR, Part 60
➢ The Age Discrimination in Employment of 1967
➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.)
➢ The Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA")
➢ Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.) and
24 CFR Part 8 where applicable
➢ National Environmental Policy Act of 1969, as amended, 42 U.S.C. sections 4321
et seq. ("NEPA") and the related authorities listed in 24 CFR Part 58.
➢ The Clean Air Act, as amended, (42 U.S.C. Sections 1251 et seq.) and the Clean
Water Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.), related
Executive Order 11738 and Environmental Protection Agency Regulations at 40
CFR Part 15. 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 U.S.C. Sections 1101 et seq.)
specifically including the provisions requiring employer verifications of legal
status of its employees
➢ The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et seq.),
the Architectural Barriers Act of 1968 as amended (42 U.S.C. sections 4151 et
seq.) and the Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix
A
➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement that
certifications and disclosures be obtained from all covered persons
➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24 CFR
Part 23, Subpart F
➢ 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
➢ Regulations at 24 CFR Part 983.6 for Site and Neighborhood Standards Review
➢ Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act
➢ Guidelines of the Environmental Protection Agency at 40 CFR Part 247
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➢ For contracts and subgrants for construction or repair, Copeland "Anti -Kickback"
Act (18 U.S.C. 874) as supplemented in 29 CFR Part 5
➢ For construction contracts in excess of $2,000, and in excess of $2,500 for other
contracts which involve the employment of mechanics or laborers, Sections 103
and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A
300) as supplemented by 29 CFR Part 5
➢ Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended
by the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C.
4851 et seq.) and implementing regulations at 24 CFR Part 35, subparts A, B, M,
and R
➢ Regulations at 24 CFR Part 92, HOME Investment Partnerships Program Final
Rule
➢ Uniform Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards, 2 CFR Part 200 et seq.
➢ Federal Funding Accountability and Transparency Act of 2006 ("FFATA")
(Pub.L. 109-282, as amended by Section 6205(a) of Pub.L. 110 -252 and Section
3 of Pub.L. 113-101)
➢ Federal Whistleblower Regulations, as contained in 10 U.S.C. 2409, 41 U.S.C.
4712, 10 U.S.C. 2324, 41 U.S.C. 4304 and 41 U.S.C. 4310.
➢ Broadband Infrastructure Requirements, 24 CFR Part 5.100 and Section 706 of
the Telecommunications Act of 1996, 47 U.S.C. 1302
➢ Violence Against Women Act of 1994, 42 U.S.C. 13981
14.11 INTENTIONALLY DELETED.
14.12 Prohibition Against Discrimination.
14.12.1 General Statement.
DCTC, in the execution, performance or attempted performance of this Contract, shall
comply with all non-discrimination requirements of 24 CFR 92.350 and the ordinances
codified at Chapter 17, Article III, Division 4 — Fair Housing of the City Code. DCTC may
not discriminate against any person because of race, color, sex, gender, religion, national
origin, familial status, disability or perceived disability, sexual orientation, gender identity,
gender expression, or transgender, nor will DCTC permit its officers, members, agents,
employees, vendors or project participants to engage in such discrimination.
This Contract is made and entered into with reference specifically to the ordinances
codified at Chapter 17, Article III, Division 3 - Employment Practices of the City Code, and
DCTC hereby covenants and agrees that DCTC, its officers, members, agents, employees,
vendors and contractors, have fully complied with all provisions of same and that no
employee, or applicant for employment has been discriminated against under the terms of
such ordinances by either or its officers, members, agents, employees, vendors or contractors.
14.12.2 No Discrimination in Employment during the Performance of this
Contract.
DCTC agrees to the following provision during the performance of this Contract, and
will require that its contractors, subcontractors and vendors also comply with such provision
by including it in all contracts with its contractors, subcontractors or vendors using CHDO
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Operating Funds:
(Contractor's, Subcontractor's or Vendor's Namel will not unlawfully
discriminate against any employee or applicants for employment because of race,
color, sex, gender, religion, national origin, familial status, disability or perceived
disability, sexual orientation, gender identity, gender expression or transgender.
(Contractor's, Subcontractor's or Vendor's Namel_ will take affirmative action to
ensure that applicants are hired without regard to race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation,
gender identity, gender expression or transgender and that employees are treated fairly
during employment without regard to their race, color, sex, gender, religion, national
origin, familial status, disability or perceived disability, sexual orientation, gender
identity, gender expression or transgender. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer, recruitment
or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. _[Contractor's,
Subcontractor's or Vendor's Name] agrees to post in conspicuous places, available
to employees and applicants for employment, notices setting forth the provisions of
this nondiscrimination clause.
_[Contractor's, Subcontractor's or Vendor's Name]_ will, in all solicitations or
advertisements for employees placed by or on behalf of [Contractor's,
Subcontractor's or Vendor's Name]_ , state that all qualified applicants will receive
consideration for employment without regard to race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation,
gender identity, gender expression or transgender.
[Contractor's, Subcontractor's or Vendor's Name]_ covenants that neither it nor
any of its officers, members, agents, employees, 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
disability or perceived disability, except on the basis of a bona fide occupational
qualification, retirement plan or statutory requirement.
_ [Contractor's, Subcontractor's or Vendor's Name] further covenants that
neither it nor its officers, members, agents, employees, contractors, 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.
14.12.3 DCTC's Contractors and the ADA.
In accordance with the provisions of the Americans With Disabilities Act of
1990 ("ADA"), DCTC 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 DCTC or any of its contractors. DCTC WARRANTS IT WILL
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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,
CONTRACTORS, SUBCONTRACTORS OR VENDORS AGAINST CITY
ARISING OUT OF DCTC'S AND/OR ITS CONTRACTORS',
SUBCONTRACTORS', VENDORS', AGENTS' OR EMPLOYEES' ALLEGED
FAILURE TO COMPLY WITH THE ABOVE -REFERENCED LAWS
CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF
THIS CONTRACT.
14.13. Prohibition Against Interest / Conflict of Interest and Violations of
Criminal Law.
14.13.1 DCTC Safeguards.
DCTC shall establish safeguards to prohibit its employees, board
members, advisors and agents from using positions for a purpose that is or gives the
appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business or other ties. DCTC shall disclose
to City any conflict of interest or potential conflict of interest described above, immediately
upon discovery of such.
14.13.2 General Prohibitions Against Conflicts of Interest.
No employees, agents, consultants, officers or elected officials or appointed officials
of City or of CHDO who exercise or have exercised any functions or responsibilities with
respect to activities assisted with HOME CHDO Operating funds or who are in a position to
participate in a decision -making process or gain inside information with regard to these
activities may utilize HOME CHDO Operating services, may obtain a financial interest or
benefit from a HOME CHDO Operating -assisted activity, or have an interest in any
contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either
for themselves or those with whom they have family or business ties, during their tenure or
for 1 year thereafter, unless they are accepted in accordance with the procedures set forth
at 24 CFR Part 92.
14.13.2.1 DCTC shall establish conflict of interest policies for federal awards
including the HOME CHDO Operating Funds and shall disclose in writing
potential conflicts of interest to City as authorized by 2 CFR Part 200.112.
14.13.3 DCTC affirms that it will adhere to the provisions of the Texas Penal Code
which prohibits bribery and gifts to public servants.
14.13.3 Conflicts of Interest Involving Procurement.
The conflict of interest provisions of 2 CFR Part 200.318 shall apply in the
procurement of property and services by CHDO. In all cases not governed by this Section,
the provisions of 24 CFR Part 92 of the HOME Regulations shall apply.
14.13.3.1 As more particularly described in 2 CFR Part 200.318, DCTC shall
maintain and submit to City written standards of conduct covering conflicts of interest and
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governing the performance of its employees engaged in the selection, award, and
administration of contracts. No employee, officer, or agent may participate in the selection,
award, or administration of a contract supported by a federal award if he or she has a real
or apparent conflict of interest. The standards of conduct must provide for disciplinary actions
to be applied for violations of such standards by officers, employees, or agents of DCTC.
14.13.3.2 The officers, employees, and agents of DCTC shall neither solicit nor
accept gratuities, favors, or anything of monetary value from contractors or parties to
subcontracts.
14.13.3.3 Notwithstanding the prohibition contained in Section 14.13.3.2, DCTC
may set standards of conduct for situations in which the financial interest is not substantial or
the gift is an unsolicited item of nominal value. Such standards of conduct must provide for
disciplinary actions to be applied for violations of such standards by DCTC's officers,
employees or agents.
14.13.3.4 DCTC shall maintain written standards of conduct covering organizational
conflicts of interest. Organizational conflicts of interest means that because of relationships
with a parent company, affiliate, or subsidiary organization, DCTC is unable or appears to be
unable to be impartial in conducting a procurement action involving a related organization.
14.13.3.5 DCTC must maintain records sufficient to detail the history of
procurement. These records will include, but are not necessarily limited to the following:
rationale for the method of procurement, selection of contract type, contractor selection or
rejection, and the basis for the contract price.
14.13.4 Disclosure of Conflicts of Interest.
In compliance with 2 CFR Part 200.112, DCTC is required to timely disclose to City
in writing any potential conflict of interest.
14.13.5 Disclosure of Texas Penal Code Violations.
DCTC affirms that it will adhere to the provisions of the Texas Penal Code which
prohibit bribery and gifts to public servants.
14.13.6 Disclosure of Federal Criminal Law Violations.
In compliance with 2 CFR Part 200.113, DCTC is required to timely disclose to City
all violations of federal criminal law involving fraud, bribery or gratuity violations potentially
affecting the DCTC.
14.14 INTENTIONALLY DELETED.
14.15 Subcontracting with Small and Minority Firms, Women's Business
Enterprises and Labor Surplus Areas.
14.1.1 14.15.1 For procurement contracts $50,000.00 or larger, DCTC agrees
to abide by City's policy to involve Minority Business Enterprises and Small Business
Enterprises 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. DCTC agrees to incorporate the City's BDE
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Ordinance, and all amendments or successor policies or ordinances thereto, into all
contracts and subcontracts for procurement $50,000.00 or larger, and will further require
all persons or entities with which it so contracts to comply with said ordinance.
14.15.2 It is national policy to award a fair share of contracts to disadvantaged
business enterprises ("DBEs"), small business enterprises ("SBEs"), minority business
enterprises ("MBEs"), and women's business enterprises ("WBEs"). Accordingly,
affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized
when possible as sources of supplies, equipment, construction and services.
14.16 Other Laws.
The failure to list any Federal, state or City ordinance, law or regulation that is
applicable to DCTC does not excuse or relieve DCTC from the requirements or
responsibilities in regard to following the law, nor from the consequences or penalties for
DCTC's failure to follow the law, if applicable.
14.17 Assignment.
DCTC 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.
14.18 Right to Inspect DCTC Contracts.
It is agreed that City has the right to inspect and approve in writing any proposed
contracts between DCTC, and (i) its general contractor and subcontractors, including any
lower tier subcontractors engaged in any activity that is funded as part of the construction of
the Required Improvements, (ii) any vendor contracts arising out of the sale of the Required
Improvements, and (iii) any third party contracts to be paid with HOME CHDO Operating
Funds, prior to any charges being incurred under any such contracts.
14.19 Force Majeure.
If DCTC becomes unable, either in whole or part, to fulfill its obligations under this
Contract due to acts of God, strikes, lockouts, or other industrial disturbances, acts of public
enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires, floods, restraints
or prohibitions by any court, board, department, commission or agency of the United States
or of any States, civil disturbances, or explosions, or some other reason beyond DCTC's
control (collectively, "Force Majeure Event"), the obligations so affected by such Force
Majeure Event will be suspended only during the continuance of such event and the
completion date for such obligations shall be extended for a like period. DCTC will give City
written notice of the existence, extent and nature of the Force Majeure Event as soon as
reasonably possible after the occurrence of the event. Failure to give notice will result in the
continuance of DCTC's obligation regardless of the extent of any existing Force Majeure
Event. DCTC will use commercially reasonable efforts to remedy its inability to perform as
soon as possible.
14.20 Survival.
Any provision of this Contract that pertains to HOME Regulations, indemnity
obligations, reporting requirements, auditing, monitoring, record keeping and reports, City
ordinances, the provisions of Section 6.6 pertaining to the Federal System Award
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Management, or any other HOME Program requirements, and any default and enforcement
provisions necessary to enforce such provisions, shall survive the termination of this Contract
for 5 years after the expiration or termination date and shall be enforceable by City against
DCTC.
15. INDEMNIFICATION AND RELEASE.
DCTC 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 PROJECT 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 DCTC HEREBY
ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS
OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER
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 PROJECT DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE
OR IN PART BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. DCTC
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 DCTC, ITS OFFICERS,
MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
INVITEES, LICENSEES, OR PROJECT 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 DCTC AND
CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES
INDEMNITY BY DCTC TO INDEMNIFY AND PROTECT CITY FROM THE
CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT
NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF
THE INJURY, DAMAGE OR DEATH.
DCTC AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
CHDO OPERATING FUNDS CONTRACT 2023-2024
Development Corporation of Tarrant County Rev. 5/23/2023
LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO
PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH,
DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT
NEGLIGENCE.
DCTC SHALL REQUIRE ALL OF ITS CONTRACTORS AND
SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND
SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN
SUBSTANTIALLY THE SAME FORM AS ABOVE.
16. WAIVER OF IMMUNITY BY DCTC.
If DCTC, 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, DCTC 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.
17. INSURANCE AND BONDING.
DCTC will maintain coverage in the form of insurance or bond in the amount of
$50,000.00 to insure against loss from the fraud, theft or dishonesty of any of DCTC's
officers, agents, trustees, directors or employees. The proceeds of such insurance or bond
shall be used to reimburse City for any and all loss of HOME CHDO Operating Funds
occasioned by such misconduct. To effectuate such reimbursement, such fidelity coverage
shall include a rider stating that reimbursement for any loss or losses shall name the City as
a Loss Payee.
DCTC shall furnish to City, in a timely manner, but not later than 10 days after the
Effective Date, certificates of insurance as proof that it has secured and paid for policies of
commercial insurance as specified herein. If City has not received such certificates as set
forth herein, DCTC shall be in default of the Contract and City may at its option, terminate
the Contract.
Such insurance shall cover all insurable risks incident to or in connection with the
execution, performance, attempted performance or nonperformance of this Contract. DCTC
shall maintain, or require its general contractor to maintain, the following coverages and
limits thereof:
Commercial General Liability CGL) Insurance
$1,000,000 each occurrence
$2,000,000 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
CHDO OPERATING FUNDS CONTRACT 2023-2024
Development Corporation of Tarrant County Rev. 5123/2023
$2,000,000 Aggregate
Insurance policy shall be endorsed to cover "Any Auto" defined as autos owned, hired
and non -owned. Pending availability of the above coverage and at the discretion of City,
the policy shall be the primary responding insurance policy versus a personal auto insurance
policy if or when in the course of DCTC'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. DCTC or its
contractors shall maintain coverages, if applicable. In the event the respective
contractors do not maintain coverage, DCTC shall maintain the coverage on such
contractor, if applicable, for each applicable contract.
Additional Requirements
Such insurance amounts shall be revised upward at City's reasonable option and no more
frequently than once every 12 months, and DCTC shall revise such amounts within 30 days
following notice to DCTC of such requirements.
DCTC will submit to City documentation that it, and its general contractor, have obtained
insurance coverage and have executed bonds as required in this Contract prior to payment of
any monies provided hereunder.
Where applicable, 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 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 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 DCTC'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 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.
CHDO OPERATING FUNDS CONTRACT 2023-2024
Development Corporation of Tarrant County Rev. 523/2023
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 project, and such requirements exceed those specified herein, the former shall prevail.
DCTC shall require its contractors to maintain applicable insurance coverages, limits, and
other requirements as those specified herein; and, DCTC shall require its contractors to
provide DCTC with certificates) of insurance documenting such coverage. Also, DCTC
shall require its contractors to have City and DCTC endorsed as additional insured (as their
interest may appear) on their respective insurance policies.
Directors and Officers Liability or Professional Liability coverage shall be in force and may
be provided on a claims -made basis. This coverage may also be referred to as Management
Liability, and shall protect the insured against claims arising out of alleged errors in judgment,
breaches of duty and wrongful acts arising out of their management duties. Coverage shall
protect not only the entity, but all past, present and future directors, officers, trustees,
employees, volunteers and committee members.
Notwithstanding any provision in this Contract to the contrary, when applicable,
DCTC shall comply with the requirements of 2 CFR 200.310 and shall, at a minimum,
provide the equivalent insurance coverage for real property and equipment acquired
or improved with HOME CHDO Operating Funds as provided to property owned by
DCTC.
18. CERTIFICATION REGARDING LOBBYING.
DCTC hereby certifies, to the best of its knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf
of DCTC, 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, DCTC 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
CHDO OPERATING FUNDS CONTRACT 2023-2024
Development Corporation of Tarrant County Rev. 523/2023
by 31 U.S.C. 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.
DCTC shall require that the language of this certification be included in all
subcontracts or agreements involving the expenditure of Federal funds.
19. RELIGIOUS ORGANIZATION.
DCTC shall comply with all applicable requirements as more particularly described
in 24 CFR Part 5.109. No portion of the HOME CHDO Operating Funds shall be used in
support of any sectarian or religious activity. In addition, there must be no religious or
membership criteria for clients of a HOME -funded service.
19.1. Separation of Explicitly Religious Activities.
DCTC retains its independence and may continue to carry out its mission, including
the definition, development practice, and expression of its religious beliefs, provided that
it does not use HOME Funds to support or engage in any explicitly religious activities (including
activities that involve overt religious content such as worship, religious instruction, or
proselytization), or in any other manner prohibited by law.
19.2 Explicitly Religious Activities.
If DCTC engages in explicitly religious activities (including activities that involve overt
religious content such as worship, religious instruction, or proselytization), the explicitly
religious activities must be offered separately, in time or location, from the programs or
activities supported by HOME Funds and participation must be voluntary for clients of a
HOME -funded service.
20. BOYCOTTING ISRAEL PROHIBITED.
If DCTC has fewer than 10 employees or this Agreement is for less than $100,000,
this section does not apply. DCTC acknowledges that in accordance with Chapter 2270 of
the Texas Government Code, City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the
contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to
those terms in Section 808.001 of the Texas Government Code. By signing this Contract,
DCTC certifies that DCTC's signature provides written verification to City that
DCTC: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
this Contract.
21. PROHIBITION ON BOYCOTTING ENERGY COMPANIES
DCTC acknowledges that in accordance with Chapter 2274 of the Texas Government
Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2, the City is prohibited from
entering into a contract for goods or services that has a value of $100,000 or more that is to
CHDO OPERATING FUNDS CONTRACT 2023-2024
Development Corporation of Tarrant County Rev. 5/23/2023
be paid wholly or partly from public funds of the City with a company with 10 or more full-
time employees unless the contract contains a written verification from the company that it:
(1) does not boycott energy companies; and (2) will not boycott energy companies during the
term of the contract. The terms "boycott energy company" and "company" have the meaning
ascribed to those terms by Chapter 2274 of the Texas Government Code, as added by Acts
2021, 87th Leg., R.S., S.B. 13, § 2. To the extent that Chapter 2274 of the Government Code
is applicable to this Agreement, by signing this Agreement, DCTC certifies that DCTC's
signature provides written verification to the City that DCTC: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of this Agreement.
22. PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND
AMMUNITION INDUSTRIES
DCTC acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited
from entering into a contract for goods or services that has a value of $100,000 or more that
is to be paid wholly or partly from public funds of the City with a company with 10 or more
full-time employees unless the contract contains a written verification from the company that
it: (1) does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association; and (2) will not discriminate during the term of
the contract against a firearm entity or firearm trade association. The terms "discriminate,"
"firearm entity" and "firearm trade association" have the meaning ascribed to those terms by
Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B.
19, § 1. To the extent that Chapter 2274 of the Government Code is applicable to this
Agreement, by signing this Agreement, DCTC certifies that DCTC's signature provides
written verification to the City that DCTC: (1) does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate against a firearm entity or firearm trade association during the term of this
Agreement.
23. LITIGATION AND CLAIMS.
DCTC shall give City immediate notice in writing of any action, including any
proceeding before an administrative agency, filed against DCTC in conjunction with this
Contract or the project. DCTC shall furnish immediately to City copies of all pertinent papers
received by DCTC with respect to such action or claim. DCTC shall provide a notice to City
within 10 days upon filing under any bankruptcy or financial insolvency provision of law.
24. NOTICE.
All notices required or permitted by this Contract must be in writing and shall be
effective upon receipt when (i) sent by U.S. Mail with proper postage, certified mail return
receipt requested or by a nationally recognized overnight delivery service; and (ii) addressed
to the other Party at the address set out below or at such other address as the receiving Party
designates by proper notice to the sending Party.
City
CHDO OPERATING FUNDS CONTRACT 2023-2024
Development Corporation of Tarrant County
Rev. 5/23/2023
City Attorney's Office
200 Texas Street
Fort Worth, TX 76102
Attention: Denis McElroy
Telephone: 817-3 92-725 9
Copy to:
Neighborhood Services Department
908 Monroe Street, 3rd Floor
Fort Worth, TX 76102
Attention: Assistant Director
Telephone: 817-392-7369
DCTC:
Development Corporation of Tarrant County
1509-B S. University Dr., Suite 208
Fort Worth, TX 76107
Attn: Charlie Price, President
Telephone: (817) 870-9008
25. DCTC HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT.
DCTC 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.
26. COUNTERPARTS.
This Contract may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument which may be
sufficiently evidenced by one counteipart.
27. IMMIGRATION NATIONALITY ACT.
DCTC shall verify the identity and employment eligibility of its employees who perform
work under this Agreement, including completing the Employment Eligibility Verification Form
(I-9). Upon request by City, DCTC shall provide City with copies of all 1-9 forms and supporting
eligibility documentation for each employee who performs work under this Agreement. DCTC
shall adhere to all Federal and State laws as well as establish appropriate procedures and controls
so that no services will be performed by any DCTC employee who is not legally eligible to
perform such services. DCTC SHALL INDEMNIFY CITY AND HOLD CITY
HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO
VIOLATIONS OF THIS PARAGRAPH BY DCTC, DCTC'S EMPLOYEES,
SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to DCTC,
shall have the right to immediately terminate this Agreement for violations of this provision by
DCTC.
28. ELECTRONIC SIGNATURES
CHDO OPERATING FUNDS CONTRACT 2023-2024
Development Corporation of Tarrant County Rev. 5/23/2023
This Agreement may be executed by electronic signature, which will be considered as an
original signature for all purposes and have the same force and effect as an original signature. For
these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g.
via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted
via software such as Adobe Sign.
[SIGNATURES APPEAR ON NEXT PAGE]
CHDO OPERATING FUNDS CONTRACT 2023-2024
Development Corporation of Tarrant County Rev. 523/2023
IN WITNESS WHEREOF, the Parties have executed 3 duplicate originals of this
Contract to be effective on the Effective Date.
CITY OF FORT WORTH: DEVELOPMENT CORPORATION OF
TARRANT COUNTY
By OVA By:
Fernan o Costa Char es Price
Assistant City Manager
Date: S12¢1,W23
ATTEST:
VJette S. Goodall, City Secretary
C 22-0569 Dated 8/9/2022
M&C 23-0224 Dated 3/21/2023
Form 1295: 2023-975994
President
Date: S/7-q/23
4'dbnUn�
F
RECO M
liter -tom ---
Victor Turner, Director of Neighborhood Services
APPR ED A� F� AND LEGALITY:
IVA�./1 �
De is cElroy, Senior Assistant City Attorney
City of Fort Worth Agreement Compliance
Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
Name: Chad LaRoque
Title: Housing Development Manager
CHDO OPERATING FUNDS CONTRACT 2023-2024
Development Corporation of Tarrant County
X
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Rev. 5/23/2023
EXHIBITS:
Exhibit "A" — CHDO Operating Expense Summary
Exhibit "A-1" — 2022-2023 Total Operating Budget
Exhibit "B" —Budget
Exhibit "C" — Reimbursement Schedule
Exhibit "D" — Audit Requirements
Exhibit "E" — Reimbursement Forms
Exhibit "F" —Documentation Standards
CHDO OPERATING FUNDS CONTRACT 2019-2020 Rev.03/01/2021
EXHIBIT "A"
CHDO OPERATING EXPENSE SUMMARY
DEVELOPMENT CORPORATION OF TARRANT COUNTY
Capitalized terms not defined herein shall have meanings assigned to them in the Contract.
DESCRIPTION:
CHDO will provide affordable housing production services under the terms, conditions, requirements
and responsibilities of the Contract. City will make available up to $60,000.00 of HOME CHDO
Operating Funds for the sole purpose of assisting CHDO's efforts to develop and maintain its staff and
operational capacity. The HOME CHDO Operating Funds shall be used for the reasonable and
necessary administrative and operational costs for CHDO consistent with 24 CFR 92.208, and will be
restricted to the items listed in Exhibit "B" — Budget. CHDO shall secure competent staff and take
the necessary steps to implement an affordable housing program within the terms of the Construction
Contracts and this Contract. By accepting HOME CHDO Operating Funds, CHDO maintains that it
currently has a contract with City for an eligible CHDO set -aside project or that it will have a project
commitment no later than 24 months from the date of this Contract.
CHDO's FY 2022-2023 Operating Budget is attached as Exhibit "A-1" — FY 2022-2023 Total
Operating Budget.
SPECIFIC PURPOSE:
CHDO will use operating funds for the administrative and operational expenses necessary to
operate the CHDO.
PROGRAM GOALS:
Provide for administration and operating activities related to the production of affordable housing for
sale to low -to-moderate income households earning at or below 80% of AMI.
CHDO Operating Contract— Exhibits Development Corporation of Tarrant County Rev. 04/14/2023
EXHIBIT "A-1"
DEVELOPMENT CORPORATION OF TARRANT COUNTY
CY 2023 TOTAL OPERATING BUDGET
Approved by the Board of Directors 1/17/2023
AF'I/FAIT IFC
Grant Contract Income
1,115,000
Operating Grants
32,500
Asset Management Fee
36,000
Other Income
1,450
Rental Operations
699,750
General Contracting
0
Interest Income
245,000
Other Grants
75,000
Developer Fee
315,000
TOTAL REVEN U ES
2,519,700
EXPENSES:
PERSONNEL SERVICES
Employee Salaries
345,000
Payroll Taxes
34,500
Employee Benefits
89,000
Subtotal Personnel Expenses
468,500
SUPPLIES
Office Equipment and Supplies
26,500
Postage and Delivery
2,200,
Subtotal Supplies
28,700
CONTRACTUAL SERVICES
Rent
23,500
Insurance-D&O/General
17,500
Legal Fees
17,500
Telephone & Internet
3,450
Audit
38,500
Accounting
9,800
Subtotal Contractual Services
110,250
OTHER EXPENSES
Program Expenses
1,115,000
Emergeny Repair
5,000
Auto
14,250
Depreciation
7,800
Rental Expenses
638,000
Publicity/Marketing
12,500
Consultants
12,000
Printing and Reproduction
3,500
Dues and Subscriptions
7,500
Travel/Conferences
14,500
Miscellaneous
18,500
Meetings
12,800
Fees
1,900
Subtotal Other Expenses
1,863,250
TOTAL EXPENSES 2,470,700
NET REVENUE(EXPENSE) 49,000
BEFORE CHANGE IN RESERVE
CH DO Operating Contract- Exhibits Development Corporation of Tarrant County Rev. 04/14/2023
EXHIBIT "B"
BUDGET
DEVELOPMENT CORPORATION OF TARRANT COUNTY
Account
HOME
CHDO
Operating
Funds
Budget
DCTC
Grant
Budget
DCTC
Annual
Operating
Budget
TO TAL
ANNUAL
OPERATING
BUDGET'
PROGRAM PERSONNEL
Salaries
2001
41,700
86,250
345,000
41,700
FICA
2002
Life Insurance
2003
Health Insurance
2004
Unemployment
2005
Worker's Compensation
2006
Retirement
2007
FACILITY AND UTILITIES
Telecommunication Expenses, i.e.,
Telephone, Cell Phone, Internet
5001
Electric
5002
Gas
5003
Water and Wastewater
5004
Solid Waste Disposal
5005
Rent for Staff Offices (CHDO to
furnish City copy of current lease)
5006
3,900
5,875
23,500
3,900
Rent for Storage of Construction
Materials (CHDO to furnish City copy
of current lease)
5007
LEGAL, FINANCIAL, AND
INSURANCE
Insurance
6001
3,300
4,375
17,500
3,300
Contract Accounting/Audit
6002
11,100
12,075
48,300
11,100
Legal Assistance
6003
OTHER EXPENSES
2,470,700
2,470,700
TOTAL ANNUAL OPERATING
BUDGET
1
60,000
108,575
434,300
60,000
*Shaded cells are not eligible for reimbursement with HOME funds.
CH DO0perating Contract— Exhibits Development Corporation of Tarrant County Rev. 04/14/2023
EXHIBIT "C"
REIMBURSEMENT SCHEDULE
DEVELOPMENT CORPORATION OF TARRANT COUNTY
Reimbursements will be made on a quarterly basis in accordance with the schedule provided below.
Payments will be based on the he items in Exhibit "B" — Budget. CHDO must submit Complete
Documentation and Reimbursements Requests within 30 days of the end of the month for which
payment is requested. For example, the Reimbursement Request for payment for May 2023 should be
received by June 30, 2023, unless waived by City in writing. The amounts listed below are estimates
and may vary from month to month depending on the needs of the CHDO.
Period
Due Date
Amount
April — June 2023
July 31, 2023
$15,000.00
July — September 2023
October 31, 2023
$15,000.00
October — December 2023
January 31, 2024
$15,000.00
January — March 2024
April 30, 2024
$15,000.00
TOTAL
$60,000.00
In the alternative, CHDO may submit Reimbursement Requests, with City approval, which include
multiple quarters of expenses. CHDO may also, with City approval, submit Reimbursement Requests
more than 30 days from the deadlines shown above.
CH DO Operating Contract— Exhibits Development Corporation of Tarrant County Rev. 04/14/2023
EXHIBIT "D"
AUDIT REQUIREMENTS
DEVELOPMENT CORPORATION OF TARRANT COUNTY
CITY OF FORT NEIGHBORHOOD SERVICES DEPARTMENT
AUDIT REQUIREMENTS
Organizations expending $750,000 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, or other standard
set forth in the Contract if applicable, 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:
Government 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"
Government Auditing Standards by the Texas Department of Housing and Commnmity Affairs for Properties
Receiving Low Income Housing Tax Credits
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
organization's Chief Executive Officer or Chief Financial Officer shall make the certification within 60 days
of the end of the organization's fiscal year in the year that the project was completed.
CHDO Operating Contract— Exhibits Development Corporation of Tarrant County Rev. 04/14/2023
The following items should be submitted to the City of Fort Worth Neighborhood Services Department within
the required timeframe:
Due 60 days after organization's fiscal year end in the year that the project was completed: 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 reimbursement
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.
CHDO Operating Contract— Exhibits Development Corporation of Tarrant County Rev. 04/14/2023
EXHIBIT "D"
AUDIT REQUIREMENTS
DEVELOPMENT CORPORATION OF TARRANT COUNTY
CITY OF FORT WORTH
NEIGHBORHOOD SERVICES 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 A uditing 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 Internal Control Over Financial Reporting Based on an Audit of
Financial Statements Performed in Accordance with Government A uditing 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 See. 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.
CHDO Operating Contract— Exhibits Development Corporation of Tarrant County Rev. 04/14/2023
Subrecipient:
EXHIBIT "D"
AUDIT REQUIREMENTS
DEVELOPMENT CORPORATION OF TARRANT COUNTY
CITY OF FORT WORTH NEIGHBORHOOD SERVICES DEPARTMENT
Audit Certification Form
Fiscal Year Ending:
Month Day Year
❑ We have exceeded the federal expenditure threshold of $750,000. 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 $750,000 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
Must be filled out if Single Audit or Program Audit is not required:
Federal Expenditure Disclosure
Federal Funds
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 YVorth Neighborhood Services Department within 60 days after the end of your Fiscal year
CH DOOperating Contract— Exhibits Development Corporation of Tarrant County Rev. 04/14/2023
EXHIBIT "E"
REIMBURSEMENT FORMS
DEVELOPMENT CORPORATION OF TARRANT COUNTY
INVOICE
Developer: Development Corporation of Tarrant County
Address:
City, State, Zip:
Project: 2022-2023 CHDO Operating
Tax ID Number
Phase Number:
CHDO Operating Contract— Exhibits Development Corporation of Tarrant County Rev. 04/14/2023
Attachment II
EXPENDITURES WORKSHEET
Develo er: Develo nentCoi-poi-ationofTat-i-,intCouiity CHDO Op erating
LINE
NO.
CHECK
NO.
EXPENSE DESCRIPTION
(Itemize each expense and attach invoices, receipts,
cancelled checks, and other backup documentation to
verify that the costs are directly attributable to the Project
and that the costs have actually been paid by Developer.)
BUDGET
LINE ITEM
(From
Exhibit B)
PAYEE
AMOUNT
1
2
3
4
5
6
7
8
9
10
TOTAL
CHDO Operating Contract— Exhibits Development Corporation of Tarrant County Rev. 04/14/2023
EXHIBIT "F"
STANDARDS FOR COMPLETE DOCUMENTATION
DEVELOPMENT CORPORATION OF TARRANT COUNTY
CHDO Operating Contract— Exhibits Development Corporation of Tarrant County Rev. 04/14/2023
CHDO Operating Contract Expenses
an employee works solely with contract eligible clients and solely on contract eligible items,
en the employee's entire salary is eligible for reimbursement. Twice in each calendar year,
e client must submit a written statement verifying that the above conditions are still true. The
.atement must also be signed be a person authorized to sign on behalf of the agency.
If an employee works on a variety of programs, or works with a mixture of contract eligible
activities and non -eligible activities, then the City will only reimburse for a reasonable portion
of the employee's salary. Each reimbursement request must include not only the employee's
timesheet, but also a work log breaking out the employee's time by project or activity. For
employees paid with multiple funding sources, timesheets must reflect all funding sources. If
separate timesheets are kept for each funding source, all such timesheets must be submitted
to City.
employees are paid by direct deposit rather than check, then the agency must submit both
direct deposit payment company's report (such as an ADT report) and a bank statement
check showing payment to the direct deposit company.
r wivnwearcare
IT the city pays gross salary, tnis is aireaay incruaea. IT the city pays the employer portion or
Payroll Taxes
payroll taxes, then the employer must show a calculation and documentation of how the
inwiced amount was calculated and include documentation showing payment.
Life Insurance
Must show a calculation and documentation of how the invoiced amount was calculated and
whether it is included in gross employee salary amount, must include an invoice from the
insurer, and must include documentation showing payment.
Health Insurance
Must show a calculation and documentation of how the invoiced amount was calculated and
whether it is included in gross employee salary amount, must include an invoice from the
insurer, and must include documentation showing payment.
Disability
Must show a calculation and documentation of how the invoiced amount was calculated and
Insurance
whether it is included in gross employee salary amount, must include an invoice from the
insurer, and must include documentation showing payment.
Unemployment
If the City pays gross salary, this is already included. If the City pays the employer portion,
Payroll Taxes
then the employer must show a calculation and documentation of how the invoiced amount
was calculated, and must include documentation showing payment.
Retirement -
Must show a calculation and documentation of how the invoiced amount was calculated and
Program Costs,
whether it is included in gross employee salary amount, must include documentation showing
401K, etc
payment, and prior to the first reimbursement, must include the personnel policy regarding
retirement benefits.
Accounting X X X X If an audit is required because federal funds exceed $500,000, then the cost should be split
Services evenly by all federal funding sources. If accounting services are contracted, the costs of the
service should be appropriately cost allocated across funding sources and/or programs, and
documentation of the cost allocation provided to the Citv.
[Office Supplies I X I X I I I I X I
Rental
Postage X X X The agency should maintain information regarding mailouts. If the agency has a Pitney Bowes
machine or like postage machine, the records of that machine must be on file. Likewise, if
mail is categorized by payment source, then those records must be on file. For large
mailouts, the agency should keep a copy of the letter and a list of all addressees.
Materials
Recreation
Equipment
X I X I I I I X
CHDOOpe
Travel
Mileage*
* Reimbursement backup for mileage includes a mileage log which will include the date of the
trip, destination of the trip, and purpose of the trip. The City reimburses mileage at the lower of
the agency's rate or the IRS rate.
Rent,', Utilities and Maintenance - If the following expenses are paid for a facility that is used for other purposes besides the
contract program, then the bills must be split based upon the square footage attributable to the contract program. This breakout
must be agreed to by City prior to the first reimbursement of rent or utilities. Also, if any other funding 'source pays fora portion of the
expense, then each invoice should indicate which portions are to be paid by which source.
Telephone
X
X
Gas
X
X
Water/Wastewater
X
X
Electric
X
X
Solid Waste
X
X
Disposal
Facility
X
X
X
Maintenance and
Repairs
Custodial Services
X
X
If services are provided per a contract, agency will provide contract instead of invoices.
Rent
X
X
Miscellaneous
Contract Labor
X
X
X
Insurance and/or
X
X
Must provide certificates of insurance with current dates, or a copy of performance bond as
Performance Bond
applicable.
Required Under the
Contract
Conference or
X
X
X
Must provide documentation of conference or training attended, such as a copy of conference
Training
agenda, hotel reservation, airline itinerary, etc. Only required travel and conference or
educational fees (no food expenses) will be reimbursed.
CHDO Operating Contract— Exhibits Development Corporation of Tarrant County Rev. 04/14/2023
Official site of the City of Foit Worth, Texas
CITY COUNCILAGENDA FOR
Ir-
Create New From This M&C
REFERENCE **M&C 23- 19CHDO POLY INFILL
DATE: 3/21/2023 NO.: 0224 LOG NAME: SPENDING AUTHORITY
INCREASE
CODE: G TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 8 / Future CD 8) Authorize $133,077.00 Increase in Contract Authority with the
Development Corporation of Tarrant County, a Certified Community Housing
Development Organization, for the Development of Four Single -Family Homes in the
Polytechnic Neighborhood, Resulting in a New Aggregate Total of $707,430.00 in Federal
Funds
RECOMMENDATION:
It is recommended that the City Council authorize an increase of $133,077.00 in contract authority
with the Development Corporation of Tarrant County, a Certified Community Housing Development
Organization, for the development of four single-family homes in the Polytechnic neighborhood for a
new, aggregate total of $707,430.00 of HOME Investment Partnerships Program grant funds.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to increase the contract
authorization for a Community Development Housing Organization (CHDO) building affordable single
family housing in the Poly Neighborhood.
On August 4, 2020, the City Council approved the City's 2020-2021 Action Plan for submission to the
United States Housing and Urban Development Department (HUD), which included $574,353.00 in
HOME Investment Partnerships Program (HOME) grant funds to Development Corporation of Tarrant
County (DCTC) for the Polytechnic Neighborhood Single Family Infill Development project (M&C 20-
0497). HUD requires the City of Fort Worth (City) to set aside 15 percent of its allocation of HOME
funds for CHDO activities. DCTC is an experienced single family affordable housing developer and
certified by the City as a CHDO.
On November 30, 2021, the City Council authorized the expenditure of $574,353.00 in HOME grant
funds to DCTC and execution of contracts totalling that amount, in the form of four, subordinate
forgivable loans for the development of four single family houses in the Polytechnic Neighborhood
(M&C 21-0522). On August 9, 2022, the City Council approved the annual action plan, which included
additional funding for this project (M&C 22-0569); approval of this M&C will increase the
corresponding contract authority, as required by the City Code.
DCTC will develop four, three -bedroom, two -bath, two -car garage single family houses in the
Polytechnic neighborhood with each house consisting of approximately 1,700 square foot. The
houses will be sold to individuals or families that earn 80 percent or less of the Area Median Income
as determined by the U.S. Department of Housing and Urban Development (HUD). Buyers must
meet all HOME requirements, including applying for and receiving at least $1,000.00 in down
payment and/or closing cost assistance from the City's Homebuyer Assistance Program (HAP).
DCTC requested an additional $133,077.00 to account for increased costs for supplies and labor. City
staff has identified additional HOME funds to fund the requested amount and recommends that the
City Council increases the City's contract authority with DCTC by the requested amount for a new
total of $707,430.00 of HOME grant funds to ensure the project can be completed.
The Polytechnic Neighborhood is located in COUNCIL DISTRICT 8 / Future COUNCIL DISTRICT 8.
CITY COUNCIL AGENDA
Create New From This M&C
Official site of the City of Fort Worth, Texas
F0RT WoR.111
�.,�
DATE: 8/9/2022 REFERENCE NO.: M&C 22-0569 LOG NAME: 19NS 2022-2023
ACTION PLAN
CODE: C TYPE: NON -CONSENT PUBLIC YES
HEARING:
SUBJECT: (ALL) Conduct Public Hearing and Approve the City of Fort Worth's 2022-2023 Annual
Action Plan for the Use of Federal Grant Funds in the Amount of $13,124,648.00 to be
Awarded by the United States Department of Housing and Urban Development from the
Community Development Block Grant, HOME Investment Partnerships Program,
Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS Program,
Authorize Collection and Use of Program Income, Authorize Execution of Related
Contracts, Adopt Appropriation Ordinance, and Authorize Waiver of Indirect Costs
(PUBLIC HEARING - a. Report City Staff: Sharon Burkley; b. Public Presentations; c.
Council Action: Close Public Hearing and Act on the M&C)
RECOMMENDATION:
It is recommended that City Council:
1. Conduct a public hearing to allow citizen input and consideration of the City's 2022-2023
Annual Action Plan for use of federal grant funds to be awarded by the United States
Department of Housing and Urban Development in the amount of $13,124,648.00 from the
Community Development Block Grant, HOME Investment Partnerships Program, Emergency
Solutions Grant, and Housing Opportunities for Persons with AIDS grant programs, and for
the use of program income from activities using prior years' federal grant funds;
2. Approve the City's 2022-2023 Annual Action Plan for submission to the United States
Department of Housing and Urban Development, including allocations of grant funds to
particular programs and activities as detailed below;
3. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' Community Development Block Grant
funds for the City's Priority Repair Program;
4. Authorize the collection and use of an estimated $50,000.00 of program income which is
expected to result from activities using prior years' HOME Investment Partnerships Program
grant funds for the City's Homebuyer Assistance Program, and authorize the use of 10
percent of the program income for administrative costs;
5. Authorize the City Manager or his designee to execute contracts for one year terms with the
agencies listed in Tables 1,2, and 3 below for Program Year 2022-2023 for Community
Development Block Grant, Emergency Solutions Grant, and Housing Opportunities for
Persons with AIDS grant funds, contingent upon receipt of funding, and satisfactory
completion of all federal regulatory requirements;
6. Authorize the City Manager or his designee to extend the contracts for up to one year if an
agency or department requests an extension and such extension is necessary for completion
of the program, or to amend the contracts if necessary to achieve program goals provided
any amendment is within the scope of the program and in compliance with City policies and
all applicable laws and regulations governing the use of federal grant funds;
7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the Grants Operating Federal Fund in the total amount of $13,124,648.00 consisting of
$6,996,710.00 in Community Development Block Grant funds, $3,266,685.00 in HOME
Investment Partnerships Program grant funds, $628,543.00 in Emergency Solutions Grant
funds, and $2,232,710.00 in Housing Opportunities for Persons with AIDS grant funds, plus
estimated program income in the amount of $100,000.00, all subject to receipt of such
funds; and
For Program Year 2022-2023, it is recommended that the amount of $3,216,685.00 in HOME funds
and an estimated amount of $50,000.00 in HOME program income totaling $3,266,685.00 be
allocated as follows:
Homebuyer Assistance Program - $129,623.50: Includes funding for down payment and closing
cost assistance for low- and moderate -income homebuyers
Community Housing Development Organization - $707,430.00: HUD requires that a minimum of
15 percent of HOME funds be allocated to Community Housing Development Organizations
(CHDOs) for affordable housing projects. These funds will be used by Development Corporation of
Tarrant County (DCTC) for single-family infill development in the Polytechnic neighborhood. All
housing developed with these funds will be sold to homebuyers making at or below 80 percent of
area median income (AMI), set by HUD.
Major Projects - $2,057,963.00: Includes funds ($1,000,000.00) allocated to the affordable
housing project to be developed by Fort Worth Housing Solutions (FWHS) as a part of its Choice
Neighborhood Initiative (CNI) grant and funds ($1,057,963.00) allocated to the development of
permanent supportive housing.
Administration - $321,668.50: Includes costs for administering the HOME grant
Estimated Program Income - $50,000.00: Includes funding for the Homebuyer Assistance Program
and HOME grant administrative costs. HUD allows the City to use 10 percent of any HOME
program income towards the cost of administering the HOME grant. HOME program income over
the estimated amount not used for the Homebuyer Assistance Program will be allocated to priority
activities in the City's Consolidated Plan, subject to City Council approval.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For Program Year 2022-2023, it is recommended that the amount of $2,232,710.00 in HOPWA funds
be allocated as follows:
Public Service Agencies - $1,515,729.00
Neighborhood Services Department - $650,000.00
Administration - $66,981.00
EMERGENCY SOLUTIONS GRANT
For Program Year 2022-2023, it is recommended that the amount of $628,543.00 in ESG funds be
allocated as follows:
Public Service Agencies - $581,403.00
Administration - $47,140.00
CONTRACT RECOMMENDATIONS
The Community Development Council and Neighborhood Services Department staff recommend that
contracts be executed with the public service & CDBG subrecipient agencies for the amounts shown
in the following tables:
Community Development Block Grant Contracts
TABLE 1: CDBG AGENCIES
AGENCY
CONSOLIDATED
PLAN GOAL
PROGRAM
AMOUNT
Homebuyer
HousingChannel
Affordable Housing
g
Education and
Housing Counseling
$100,000.00
Services
Services,
Financial Exploitation
ruardianship
c.
Aging -In -Place
Prevention Center
$70,000.00
Meals -On -Wheels, Inc.
of Tarrant County
�Meals -On -Wheels, Inc.
Ain
Aging -In -Place
Aging -In -Place
Home -Delivered
Meals
Transportation
$72,006.00
of Tarrant County
Program
F$50,000.00
Children/Youth
Girls Incorporated of
Tarrant County
Training and
Leadership Program
$75,000.00
Mentorship
Children/Youth
United Community
Training and
Educational
$100,000.00
Centers, Inc.
Mentorship
Enrichment Program
Boys & Girls Clubs of
Greater Tarrant County,
FhIdren/Youth
ing and
After School Program
$60,000.00
Inc.
orship
Young Men's Christian
Association of
Fhinldren/Youth
ing and
Y Achievers
$50,000.00
Metropolitan Fort Worth
orship
Children/Youth
AB Christian Learning
Training and
After School Program
$75,000.00
Center
Mentorship
Fortress Youth
Development Center,
Fhdren/Youth
ing and
Fortress PreSchool
$50,000.00
Inc.
orship
The Presbyterian Night
Shelter of Tarrant
Homeless Services
Moving Home Case
Management
$125,000.00
County, Inc.
Poverty Reduction
uter Skills
The Ladder Alliance
[and Household
ing - Next Level
Fp
$70,000.00
Stabilization
ram
Poverty Reduction
Easter Seals North
and Household
Employment
$50,000.00
Texas, Inc.
Stabilization
Services
Poverty Reduction
Families
The Women's Center of
and Household
Forkeing
$50,000.00
Tarrant County, Inc.
Stabilization
Poverty Reduction
Center for Transforming
and Household
Fvre'Up
$45,000.00
Lives
Stabilization
oenterprise
CDBG Public Service Agencies
Total
$'1,042,006.00
Rehabilitation,
Education and
Advocacy for Citizens
Accessibility
Accessibility
Improvements for
$125,000.00
with Handicaps DBA
Improvements
Low Income
REACH, Inc.
Residents
Accessibility
United Way of Tarrant
Accessibility
Improvements for
$50,000.00
County
Improvements
Low Income Senior
Residents
Fort Worth Area Habitat
for Humanity, Inc. DBA
Preserve Aging
Cowtown Brush Up
$455,000.00
Trinity Habitat for
Housing Stock
Paint Program
Humanity
CDBG Subrecipient Agencies Total
$630,000.00
TOTAL CDBG CONTRACTS
$1,672,006.00
Housing Opportunities for Persons with AIDS Contracts
TABLE 2: HOPWA AGENCIES
AGENCY I PROGRAM I AMOUNT
AIDS Outreach Administration, Supportive Services, Short -
Center, Inc. Term Rent, Mortgage, and Utility Assistance $429,850.00
(STRMU)
Tarrant County Administration, Facility -Based Operations,
Samaritan Housing, Supportive Services, Tenant -Based Rental F,085,879.00
Inc. Assistance (TBRA)
TOTAL HOPWA CONTRACTS $1,515,729.00
Emergency Solutions Grant Contracts
TABLE 3: ESG AGENCIES
AGENCY
FPROGRAM
AMOUNT
The Presbyterian Night Shelter of Tarrant
County, Inc.
Shelter
Operations/Services
$130,220.00
Lighthouse for the Homeless DBA True
Worth Place
Shelter
Operations/Services
$176,000.00
The Salvation Army
Homelessness
revention
$105,535.00
Center for Transforming Lives
JRapid Re -Housing
$98,743.00
SafeHaven of Tarrant County
Shelter
Operations/Services
$70,905.00
TOTAL ESG CONTRACTS
1$581,403.00
All figures have been rounded to the nearest dollar for presentation purposes. These programs are
available in ALL COUNCIL DISTRICTS.
Each of these grants is an entitlement grant rather than a competitive grant received from the United
States Department of Housing and Urban Development (HUD). Entitlement grants provide funds to
agencies based on a formula, prescribed in legislation or regulation, rather than based on review.
These specific grants are allocated to the City of Fort Worth based on population size and per capita
income each year. The grants have been consistently awarded to the City since 1974 with the
inception of the Community Development Block Grant (CDBG) through the Housing and Community
Development Act of 1974. The Emergency Shelter (renamed Solutions) Grant (ESG) was authorized
in 1987 through the McKinney-Vento Homelessness Assistance Act. The HOME Investment
Partnerships Program (HOME) and the Housing Opportunities for Persons with AIDS (HOPWA)
Program were authorized in 1990 through the Cranston -Gonzales National Affordable Housing Act of
1990. With these grants, administrative and program delivery allocations support approximately 72
FTE positions in the Neighborhood Services Department, which is funded nearly 70\% with various
grants including these entitlement grants.
Positions funded with HUD Entitlement grants are subject to grant availability. In the event of a grant
award being decreased or eliminated, Neighborhood Services Department would review programs and
services funded by the grants and determine a level of service and staffing that aligns with the
available funding. Alternative to consider may include staff and program reductions or eliminations.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of
the attached appropriation ordinance, funds will be available in the current operating budget, as
appropriated, of the Grants Operating Federal Fund. The Neighborhood Services Department (and
Financial Management Services) will be responsible for the collection and deposit of funds due to the
City. Prior to an expenditure being incurred, the Neighborhood Services Department has the
responsibility to validate the availability of funds. This is a reimbursement grant.
TO
Fund
Department
Account
Project
Program
Activity
Budget
Reference # _]_`AM
ID
ID
Year
Chartfield 2
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos. 1 - 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1
2021-818126
1
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Development Corporation of Tarrant County
Fort Worth, TX United States
Date Filed:
10/28/2021
2
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Fort Worth
Date Acknowledged:
3
provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
TSD-PY2020 HOME
Single-family new construction at 3732 Ave J. Fort Worth, TX 76105
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I Intermediary
5
Check only if there is NO Interested Party.
X
6
UNSWORN DECLARATION
My name is �k— and my date of birth is
My address is 1�� �� 1 It �t .��c7iJ�ta `C• Ut lit-��� "` ^_1 'C4cc'7 �, .
(street) (city) (state) (zip code) (country)
I declare underpenaltyof perjury that the foregoing Is true and correct.
Executed In County, State of l ', on th'"day of , 20
(month) (year)
Signature of authori gent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc