HomeMy WebLinkAboutContract 22137 STATE O FTEX:A
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TIJIS contract is made and e to ed nto by wid bevveen the Cis:; of For," Worth ("City'),
acting by and tine ong1r libby Watson, its duly .stlaari , d Assistata City a%la,a :::r. and Near
S,outl;e.:rwt € c�mnlunity Develorunent Cts.-p. C E;ontractor"), by and through Johnny l twis, its duly-
a6rt: �r ri:f"ri 1 resYCl+; rt. C on,ract pr's busines 9 address is P.0, Boa 1872, FortWorth, T'va 76103.
Wi-LEREAS, the Civy of Foa Worth has received gran monies from the United Star ,s
Depatanne,;r nl Housing ,urge: Ur—ban Development ttiHJUJD�`l thrc-cl pi the Horne investment
Partnersh ps Program ("HOME"), Prog-,ani TTo M-95-MC-48-0204, With which the City desires
to proamot� acnv-ities that expand the supply of affordable liciusinf; and the development of
partnerships among the C'it��, loal gGverriments, local letiders, p-o aae i dus:rr and neighborhood
based, nonprofit 'housing or anizations, and
ViqliEREAS, the prirnary. purpose of the HOTME program pursuant to the National
Affordahle Housing ;sct (if 1990 ("I AHA") and 24 CrR:92, ""the Regulations") is to berse t
low and very-low incone citizers by providing these ,%vith affbrdatrl^ housing- and
WHEREAS, Near Southeast CornrntuAtity Development Corporation, `ra ronprof%t>
cor!,-oration Managed by a volunteer oa.ru of Directors, is working, to revitalize distressed,''
neighborhoods in he Neax Southeast area And to increase :he num.her of decent, affordable,'
hausima w" is avrilable to low and verb-jow incc7,.me farrulies and individuals, and,
Wi- R EAS, the citizens and the Cav Council of Fort �Vorth have deter fined that a.
C-0 pr hensi;e nei iborhood revritaiiza.t+t�,. )rogram is needed' byar low and vez�.Ic��v i�r r?^�
itizens of hart Wo,gh,
NOW, f,14E R,EEO E, 'H1S t'CsRE EMENrT`IFUR7HER W€"CI ESSE :
The express purpose of this agreement is to provide Contractor with HONM, funis
nc *o exceed One Hundred Ninet`� Six i housand : ,ve Hundred Ninety Five Dollars,
1:11 t'? ilcandred �i xt.f Si:,( Thous..nd Five Hundred, Ninety Five
Dollars OF shall he to e m'olisl- a re%o,'ving, loan fund far accj, isition,
a?d r°i?It C!f reV'eSk 174 houses °ra..Si'! l the ; 'ear Sc4 -jthea��st area. foi- fYrst-lime.
,c?ri: c rS. toidirtb' Dollz, { :_� 3.rJ00, i 0r) 3 Bali tl e for t.liir atlEi:tnISsrartC3r;
;'tt i' Shall be fian de;'; li? 1- 4 J t hous: a .d "`-vt Hi:r?.{x!'e<' Dc!lilr S2,500,00)
� TS
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5
m«rtthly advance increments, in a(�co;dance with "Exhibit A -- Frf.:)grarn Sunim7a^y". In
addition, the C.ontract()r will receive funding tfitou�l, the City's Development
block Grant ("C1313G") Satis_+actoi; completion of the r ehabrlrt t'.,on and sale of seven
houses is cor urgent upon the Contractor's re,�eipt of this additional litr,din . All of the
above, stated funds are needed to pay for the cost of rehabilitation and for financial
assistance to the hontebuyers.
1.12 The City hereby certifies that Contractor is a Community Housing Development
Organization (CHDO)and must act as a developer or sponsor of'.he housing as defined by
HUD The CH DO is a 'developer" when it owns property or has the contractual
obligation to a property owner to either obtain finan;ing, rehabilitate or construct and
transfer title of the property and the ;,10ME deferred payment loan obligations from the
owner to a HOME-qualified homebuyer within a specified t meframe. A C€ DO is a
"sponsor" when the C:HDO owns and rehabilitates a property and transfers title and the
HOME. Referred payment loan obligations and recapture requirements to a HOME-.
qualified home'.)uyer within a speciried tirnefrarne:
The City s:,all act through its agent, the City Manager, or his duly authiriz¢c0,
representative, unless otherwi stated in this agreement. Contractor agrees to comply
wi ,th the uniform administrative requirements contained in Se .tion 32.505 of the HOME
:egplations. In addition, Contractor must comply with the project requirements stated in
Subpart l" of the Regulations:
1.2 Tr •Ftion /,Period of A:fffordabili
ty
1.2.1 This Contract begins on the date of execration-with the acquisition, rehabilitation
and resale of seven (7) properties to be completed by April 30, 1999, and r,o remair in
-
effect through tht period of affordability. Affordability means that the actual principal,
interest, property taxes and insurance (.PIT]) for the purchase daes not 'exceed thirty
Percent (30%) of The monthly adjusted income of a family with an into ne`that is eig, ty
percent (80rio') of the median of the area, adjusted for fa roily size as estaNished by HUD.
1.2.2 The housing -,ponsored or developed by Contractor will remain affordable as
required by Section 32.254 of the Regulations. I the housing does 'not meet the
a`fordal ility requirements as stated.below, the funds used to produce said Mousing trust be
repaid to the City. HOME funded first-time homebuyer programs roust remain affordable
housing for mimmum periods of 5 years where t ,e per unit amount of HOME fund-
provided is less than $15,000; 10 --gars where the per unit amount of HOME funds
provided is $15,0x0 to $40,000; and 15 years where the per unit amount of l':-TOME 5inds
provided is greater than $40,000. If FHAA mortgage insurance is provided to a HOME
project, the term of affordability must be the lenQ.h of the FHA insured mortgage,
Repayment of the HOME funds attributable to the unit c: units that do not maintain the
HOME affordability f equirements will be required ftorn the Contractor, if, at any time the
Near Soutawast Development Corpo ation CHDO Contract gage 2
Contractor is found t be noil.compliant to the ,above; lime limits.
1 3 Incorne Eligibility
3.1 The HOME Prograrn uses the income definitions used in the Section 8 Program.
t4a1 'Income includes earned itacome, I nc:wme from assets, and income front other
souicc as defined by 24 CFR 813. Annual income is used to establish Homeowner and
tenant eligibility and for the First-Time Homebuyer Rrolrrani. Contractor shah use the
most curt'ent HUTD Program Income~Guid-'Eves to determine program eligibility. ,
1.4 Houssn ualit _Stadards
1.4.1 For all housing units acquire,.), rehabilitated and resole' will? HOME funds, the
'contractor is required to meet the Mkost ciarrent,HUD Housing (duality Standards
as well as City of Fort Worth Rehabilitation Standards,
1.5 Indeyendent Contractor
1.5.1 Contractor, shr.l operate hereunder as an independent contractor and not as an
officer, agent, servant or employe: of City. Contractor shall have exclusive control of,
and the exclusivf, right to control, the details of the wort: arMd services perforrreed
hereunder, and all persons performing same, and shall be sorely responsible for the. acts
and omissions of its of'r ers, members, agents, servants, employees, subcontractors,
program participants, licensees or invitee. The doctrine of.respondeat,superior shall not
apply as between City and Contractor, its officers. members, agents, servants, employees,
subcontractors, program participants, licensees or invitee, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Contractor. it-is
expressly understood and agreed that no ofxicer, member., agent, employee, subcontrak;tor,
licensee or invitee; of the Contractor, nor any program participant hereunder, is in the (said
service of City and that City does not have the legal right tv control the details of the tasks
performed hereunder by 'Contractor, its officei"S, mernbers, agents- empioyees,
subcont.actors, program participants, licensees or invitee.
1.52 City shall in no way nor under any circumstances be responsible for any property
belonging to Contractor, its officers, members, agents, employees, sabcontractos,
prograain participants, licensees cr invitee, -��hich'may be lost, stolen, destroyed or in any
.ray damaged; and contractor hereby indemnifies and molds harmless City and its officers,
agents, and ern loyees from and against any and all claims or sul'ji.
Pear SoLfth mst D7;vetop,nent Caporatiort CHLO Corctract Page 3
ti -ITerinination
1.6.1 This contract may be `es-minated by the Cay in the :verrt of default, inability, failure
to per orm on the pa! of Contractcr. or for good ,,use. it e4u-ise, ins'. contra r ay be
terminated by Contractor if tie City does riot provide r"unds pursuant to this agreement.
The contract rnay be tenni gated for mutual convenience upon agreement of the parties.
1.6.2 The parties ac,xtir wletlge that HOME`, funds paid hereunder are intended to provide
only partial funding for Contractcils program opoiations. if non-HOME funds in the '
Operating Budger are not forthcoming to Contractor daring the contract terra, City may
terminate this ccnt ,pct.
1.6 3 City shall notify the Co%tractor in writing any breach of this contract, and
spec.if-y a. reasonable time within which to cure the parti€;uiar breach. Ater tieing notified
of such nova-material breach, if Contractor fails to cure the non-material breach within the
time stated in the notice, this contract shall automatically terminate at the expiration of the
stated time allowed for cure;
Contractor vvill return to City any unused moni;-s previously distributed under t'riis
contract within thirty (30) days of the effective date of contract term�natier. City will
have no responsibility or liability for Contractor's, expenditures or actions occurring after
the eit dive date of the contract termination.
_7 Venue
Should any action, whether real or asserted, at lava or in equity, arise out of the
execration, performance, attempted performance or non-performance of this agreement,
venue for said action shall be in Tarrant County, Texas.
1.8 Written Instrumerr+is
1.8.1 All ten-ns of this contract shall:apply to any and all subcontraetors of Contractor
which are in any way paid with Irg D l E funds or who perform any work in connection
with Contractor's Program.
1.' ^ The provisions of this agreement are severable, and, if fcr any reason a clause,
sent-,--nce paragraph or other part of this agreement shall b- determined to be ir►valid by a
court or federal or state agency, board or commission having jurisdiction over the subject
matter the. -of, such invalidity sh a.il not affect othef pr'o isions ra. riCia CSC. be green effect th(-.: invalid provisioi..
Near so,stheas`,Development Cor omtiaii(;NUO C,)Miacr Page 4
I,flute of the City to insist upon they perforrnaist:;c, elf auy terill or IC)VIsiGit ,
'this «preerrlen" t r tc7 eXk'rGl e ally rl��iS herein Gonferrl'd shall not b,.''construed as a vtalVei
or i-Jinquishmen? to any extia'l Of tlzi City's right to ?.av ert ' t re*�y' t r,011 at 01
fight on any futurZ occasion.
This written instrument and the exhibits`attac.il;ed hereto, which are incorporated1�y
reference and made a part of this contract for all purposes, constitutes the entire contract
by the parties hereto concerning the work and servic€s to be under this
contract, Any 1 i olr or cont=poran-ous oral or written agreement which purports to -rary
the terms, of this contra(-t shay. be vo;d.. Any alnepl;ments<-to the tcr,ns of this contract
must be,in writing and must be approved by each parse to this contract.
l:> l^�<tr�, ra .li 1-3e�A�sngs
►. ? r
The pa-W. . )h headings contained herein are for co�iveriiea ce in'vlference to this
contract, and are not intended to define>or to'limit the scrape of any provision of this
,:,,ontra;ct.
2 DUTIF S_A, RE, FONTSTBILITL OF CITY
2.1 Disbu sement of Funds
2.1:'1 The City will furnish zderal grant fninds, (United States Department of Housing
and Urban Development HOME Investment Partnerships Pro rare No. C-480204) for
use as stalked herein. The City will rnpnitor the Use of such funds to ensure appro'pria:e use
of the i`unds. Fonds sha11 be disbursed after execution of this contract and compliance with
the provisions the.:^in; Disbursements from the HOME account for actual acquisition,
z ehabilitatir~i andloi 'resale will not be matte until actually needed for payment.
F.eimbursemert of expenses will require completion of a "Request For Fends`, form, and a
copy of 1e prer erty sales contract.
2.2 Ain
punt ofF;znds
2.2:1 It is agreed that the total distribution of federt►l grant funs made'ay..;lable to or
paid on behalf of Contractor; during the term of this contract shall not exceed the total
surd of One fluri u,.,,d Ninety ;six Thousand Five Hundred Ninety Five ,Dollars,
($196,595.00).
2.2.2 Contractor will use Om, r sr ct ed Sixty Six Thousand Five Hundred Ninety Five
Dollars, ($166,595.00) of the HOME funds granted to assist low income, first-time
homebuyers with the purchase of a home by acquisition and rehabilitation of seven (7)
houses, with resale provision including closing cost assistance and a 0% interest, deferred
payinent, second mortgage Iran, if'required to make the Ioan of ct-dable to the first timr,
Near Southeast rye°tek?ment coreo,ation CHUO Contract Pis 5
be acjols1lon arj rehabifilquol COsl V'Ild be rer-overed from the iindiy,dual
oiccf,i 'DY the resale and transfi::r n
fthe, fi -t liee, loan by Ylt-h-IT 1 :nt finan-;ing lenders. The.
Anitial ioinebuyei- does not make Pliy monthly payment on Ne� during
their period of hoi�,eowrership. `Fhr� sccor?,j 111ortgage is -it th%` 11MG the
howebuyer sells the property to another 110-NIE—qualified hom--buyur )r t(j th� end of
the affordability per-led. The remaining Thirty Thousand Dollars CAC,000,0(1'? will be
available for operating funds in Two T! usanO Five Bundri.,.d Dollar
fficreme-;-ts payable monthly .1fter 11-ece,Dt o' the monAy reporing and fun(' reques-.
docunientati-n showing monthly acti,.-itie.; undertaken by Contractor durimy the previous
month of this Contract.
2,23 City will find in advance all speciEc Lequisition and closing expenses incurred
under this Contract for property identified lot- the Purposk; Of this Program. For
rehabilitavon expenses, Contractor will pay all rehabilitation-and development expenses
incurred under this Contract, and will be reimbursed, after submittal of aprograrn fund
request and a request tbr inspection of the prop�rty by a City of Fort Worth Housing
employee, A-,iy reimbursement of expenses regoested fro'n the Coritracto' r will fie for
property previously designated by the Con octet- and recognized by HUD on the Cash
and Management Information System.
3 DUTIES.AND RESPONSTEBIL_�JTjES OF Q)Iy�IAC
3.1 .51ate
-ingnt gf Work, R_qdgeq and uneLines for GGals
3.1.1
^ontractor wid acquire and develop, provide rehabilitation, marka and sell
properties to be designated by the Contract after the executioli. of tlu C-)iAract to low and
'very-low income people, as defined in Paragraph 1.1.2, above. Furidi-will be utilized only
to provide af.Fordabie housing to persons to reside within the City of Fart %-�tlh, Texas.
3.2 Budget
3.2,1 Contractor igrees that the HC M1,, fiunds ,011 be expenced in accordance with
Exhibit B, -'R-ogram Budget". No change s,call be trade vAthout prior written.approval of
the C", !Jn&,r no circumstances shall the tc,a] mourt c.
- at f program funds expet.jad by
Contractor from funds paid by the City exceed One Hundred Ninety Six Thousand Eve
Hundred Ninety Five Dollars, ($196,595.00).
}.2.L The rehabilitation and deveiopment funds frorn the City may be spent only cl
r°irnburse aclMaj expenses for the rehabilitation of housing for '-,)w and very-low L'rcoril,.;
residents ,of the "21ty.
3.7 Time Line for Goals and FxDenditurgs
'!Car 50Lthe8St ;_'Ve10,DrrPr.- ^.nrparati,r,CHDO Contract
s 3 ��orii5'afis;ft}w ` 'fll work in i4('�'.ordarl11S �,4 iii t`s:`akf�.33P �. n� 'Cis?Fa?17 1'4 .Irle" Qirtil
L'riSYll"£, that prUgrr'Uf l go 's 1W ;xp,,nditure _c,respond With the corApletion of the
Prograi;
3,4 Reversion of Asset
3.4.1 Co,- ra .t�r aare?. to net°, to the t ;ity any HOr,aty Rinds ri=r,lwin:ng oil hand at the
end of the Cont7-act. Repayments, interest and other returns on investment attributable to
I40ME funds may be retained by tile 'Contractor for the acquisition and rehabilitation
addition housing above tile.original seven (7)units contracted in this Agreement, and must
be used by thc: Contractor to assist ,tither to-iAr'incomx e homebuyers to purchase i,omes. If
repayw,_-nos, interest or other returns on investment attributable to HOME funds are
rec i.ved after the ter,ar of this contract, they shall be returned to the City,to be deposited
in thy: C;ty`s HOME Investment Trust Fund local account. with Suctions 92.503 (b) and
92.544 (c) (3) of the HOME regulations:
3.5 Affirmative Marketing
.Contractor must adopt ai rrmative rtlarketing procedures and rea�uirernents for aiI I HOME housing. Tie proc..dures and requirements m us t include m6ttrrids for informing
the pubiic, owners and potential homebuyers about fair housing laws and policies so as to
ensure t eat all indiviuLials, without regard for race, creed, ,,atiovality or religion art, given
an equai opportunity to participate in the Program. I°he ontractor Will be saltily
respons4ble far the efftctive nrrarketing responsibilities noczIssary to achieve the
Contractors'production goals set forth in Paragrafh 1 1.1 above;.
3.6 Rcaptua e Provisions•
3.6.1 If the 'Contractor retains ownership of the property for the full period of
ai 'ordability with rental rates maintained within the HUD affordability guidelines,; no
recapture restrictions will apply.
3.£.2 Any sale of the property by the Contractor during the term of affordability will
requires repayment of tl e deferred pa;xnent. loan or other subsidy in accordance Mth
Section 0"2..254 (a) (4) (ii) of the DOME revel Lions.
3.6.3 Contractor understands that these specific property recapture provisions are
applicable: on HOME funded Properties, including the requirement that the purchaser
'hold must use the property as its principal residence. This requirement must be
inccti-Nora ted in thv property deed restriction or covenant running with the land. Ire
addition, the loan documents (Deed of Tnust Note) should also inco*p�rate this
reclr.iirement. The rveapture provisions will remain in effect on property purchased with
HOME funds for the affordabil:ty periods described 'in Paragraph 1.2.2, above. Real
Nir?ar SMjheast Development Corporation CHDO Contact page 7
r
t Mate docunt entr. shall be sub, rev'
ieW and a ,pro=rat prior tc
Closing or convey ansce c ftl,e propel;Y
3.7 cares_and
r
3-7A Contractor vMl keep or caose to be an accurate record of'all actions taken
and all funds expended, with source locurnents; it the pursait of the objectives of the
performance of this Clont.act. Such records shall be kept for the period of affordability 3
mandatQd by the Regulations. 1;
3,7.2! C ontractor will obtain and keep on file the following infvrrnation on each client
served by the Program.: t
1,
3.7.2.1 annual income and size of the.household of which the client is a member;
3.7.2.2 ethnic group of the client, rising one cif the .4,bil
Owing five`categories:
White, not Hispanic; Black, not Hispanic; Hispanic; Asian car Pacific
Isiander; American Indian, or A.la,skan Native;
3.72.3 whether the read of the client's household is male of female; and
3.7.2.4 additional statistical information as may be required b3 J-IUD regutations
and any arnendments thereto, �
I`
3,731 Contractor will keep on file the following information, and documentation
on each individual project:
3.7.3.1 proof that the project meet, the applicable property stairdards;
3.7.3.2. the per unit amount of HOME Jolla,s invested;
3.7.3.3 the compiliance with thr affirmative marketing recluirernents and existence
c-f acceptable procedures,
3 7.3.4 compliance with relocatior requirements;
3.7..3.5 -Ti nority and female owned business data, ants affirmative fair housing
actions;
7.:,.6 compliance with lead based paint and Danis-Bacon requirements; and
3.7.3.7 cosr.plianct� with conflict of interest rules.
6?ear Sou 3eas1 C�.-_,41ment Carcv ition CHDO Contact
Page 8
f
3.7.4 By the 15th of cacti mouth during w1iich this program is supporte(i bv the -HOME
hwest^-ent F!�rtnerships Program funds provided iir,.der this Contr€,�, 00 be construe d 4s
including the use of m
any asset obtained through the expendfiti ., of HOME funds),
ontractcr wl!' Alrfly tl-:,e City with a rerepots detph',;r g�
3,7.4.1 progress-toward goal achievement, and
3,74,21 expenditure detail.
3.7.5 R
,eports shall be submitted in the forn-,,at specified by City
3.8 Cost��ples
3.8.l Contractor shall comply with the requii-ements and standards of OIMB Circular
A-3122, "Cost Pl-riciples for Non-Profit Organizations" and with the Hlowing
Attachme,ats to (3 IVM Circular No. A-110 and any changes to either Circular; tit is
undei-stood that all items below may not be applicable to the 'Contractor's operations),
3.8.1.1 Attachment A, "Cash Depositories", except for Paragraph 4 concerning
deVosit insurance;
3.8.1.2 Attachment B, "Bonding and Insurance";
3.8.L3 Attachment C. "Retention and-Custodial Requirements for Records"
3.8.1.4 Attachmem' F, "Standards for Financial Management System--";
3.8.1.5 Attachment K "Monitoring and Reporting Program Performance",
paragraph 2;
3,8.,-1.6 Attachment 1,11, "Property Management Standards", except for paragraph 3
concerning the standards;
3,8.a.7 Attachment 0, "Procurement Standards"; and
3.8.1.8 A--taclument P, "Audit Requirements".
3.8.2 For all HOME funded contracts, regardless of the amount of HOMF funcliro
Contractor must submit to Citv I- I ;_1'
n annual audit prepared in with 24 CFR part
44 gerie-afly, with specific r 1)
;rence to r I'ViB Circu),-.r A-133, A-110. Attachments B.,
attachment IT.
paragran.h 2, and attachment O The audit may cover either
Contractor's fiscal Year during which this LC, is I
forc-, or cover the period of the
Page 9
contract, THS audit M( tit be prepared by an independent certified public accountant, be
completed within twelve (12) months f,7)lJ0!1VM-L1, tile end of the period being audited and he
submitted to the City within (30) days of its completion.
3. City rese;-ves the right to pertbrrn an audit of Contractor's progJ-am operations and
floariccs at any tune during the term of this contract, if City deteri-nines that such audit is
necessary for City's compliance with 0
4B Circulal- A.-128, and (Uontractor agrees to
allow access to ail pertinent materials as described in section beaded records and reports
above. If such audit reveals a. questioned practice or expenditure, such questions most be
res-lved within (l 5) day.- ifter notice to Contractor of such questioned practice or
expenditure. If questions are not resolved within this period, (.'Ity reserves the right to
withhold further finding under this and/or ftitui e contract(s).
3.8A If as a result of any audit it is determined that Contractor has misused, misapplied
or misappropriated all or any part of the grant funds described llk--rein, Contractor-' agrees
to i reimburse the City the amount Of Such 11101lieS So misused, nnisapplied or
misappropriated, plus the amount of any sanctions, penalty or other charge levied against
City because of such misuse. misapplication or misappropriation,
19 Kopitor Effectiveness of Services-La;jd
—Work
3.9.1 The City will review the activities and 'performance of each contractor and
subrecipient not less than annually as required in Section 92,504 (e) of aie HOME
regulattioms.
3.9.2 Contractor agree-i to fully cooperate with City in monitoring the effectiveness of
the sersrices and work to be performed by Contractor's compliance with the terms of this
contract, The City shall have access at all reasonable hours to offices and records (dealing
with the use of C'e funds that are the basis of t.his contract) ol,7'Contractor, its officers,
directors, agents, employees, and subcontractras for the purpose Of such monitoring.
.;1.9.3
-ontractor agrees to likewise monitor the effectivenest, of the services and work to
be performed by its subcontractors,
3,10 Com iknce ij,,. All A itgable-La—ws
AL __pp jKggjajions
3
Federal
3 10, Contractor agrees to coint,ly. With the follcvving laws and the regulations
,'Ssue-1 is they re --urrently v.,
1 1 they ritcen or are hereafter amended
1',ui-lng perforynance of this contract:
1
3,]0.11 1.1 'NIC V1 of Civil Rights Act of 1964 (42 USC 2000d et seq)
Title of Civii R
I ights Act of 1968 (' ,2 UISC 360i et seq)
3 JO. J 1-3) EXXCL-I'Ve 01-ders t 1063, 1 !Z46, ?.s amended :y 1 J!.?7_`' and as,
-sUf)p;'emented by Dq-1,q-,n1enk ofl-abor i-egulations (41 CHR, Part 60)
A
310.1 1A S-,Ctlon Rch,&Jilitation Act of 1973 (29 If 'SC,' 71c
-1 � �)4)
3.1 15 The Age Discrimination Act of 197`s "42 USC if)
4 k 1 elk seq)
Envi.roninenta) Policy Ac, of 1960 INEPA) and the related
authorities listed I-T1-113's imrlementing regulations ('14 CFR Part 58).
3.10_1.1.7 in-irrii I
Tration Reform and Control Act of MS6 (Pub. L 99-603, 100 Stat
.3359, as amended) specifically including the provisions ons requiring einployer
ficat"ons of legal worker status of its en ployees
3.1 .1.i,1.8 Housing and C'Orilmuni!y Development Act of 1987 (Pub. L. 100-242, 101
3.10 Stat. 1815, as a:rnended)
-J.I.q Thei"Unericans with Disabilities Act of 1990 (,42 USC 12101 et seq)
3.1 9, 10 NatiorialAffordable Housing Act of 1990
10 1 s; Contractor, In the operation i ol
I ts progrann, will also comply w,On I Ofi-Ice Of
Management and Budget Circuiar A-M and attachments and revisions thev�,,o, regarding
-1111rMciples fir determining costs for HOINE-funded programs.
3.10,2 SeGtic"Ir, 3 Of the Housing aDe Urban Development Act of 1968, as arnen&�d, 1.2
DISC 17TI
J As the work perform,5d under this contract is on a Project assisted under a
oirl rarn, pr \ridingr direct federal financial az-�3istance ftom the Department of Housing and
�Jrban De'velopment and is subject tO the requirements of Section 3 ofthe Housing and
Urban Development Act of 1968, as amended, 12 USC 1701, Contractor covenants to
abide-by the requirements of the said Section 3. It requires as follows.
3.1O 2. 1.1 1"rIat, to th4 greatest extent feasible, oppoTtu.)jties for trai�i g and
empioy,ment be - en to lowe,-; 'dents of the or
61 income resi oject area, and
3.10.2.3.2 1-hat, to the greatest extent feasible., Contracts for work in connection with
the project be awarded t-• business concerns which are located in or
owned in substantial part by persoll,r�s
.7 � , I'll idinq in the area of th-�project,
3.10.2,2 Coritfactor will :.-ompJY' With the pro-visions of said Section 3 and she
s issued pursuant thxroto by the Secret
"la,y of Housing and Urban
70evcIr pment, set forth
ir. 2-
4 CFR 1135, and all applicab;e rules ,,nd orders
of the Department i sl,,,j,'J thereunder pr.,Or k, ; ev-cutj�,jq ( ri his contract.
clertii]es, a-A a,,,rees t'hat It Ur',,d-r no contractual or other
disability .-7vhicth would prevent it from
-th thescrequireir ents.
dnat it A'hi sei'd
C is of or or
i"TreseritativC 01 With whiclh i1",s a '-("Oective bargainin,
agreement or other contract or understanding, it'arty, a notice advising the
said labor organization or workers representatives of its comn-1itments
Linder this Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicamts for employment
or training.
3.1 2.4 Contractor agrees that it will include the said Section 3 clause in every
subcontract for work in connection With *he project and will, at the
direction of City, take appropriate action pursuant to the subcontract upon
a finding that the subcontractor Is in violation of regulations issued by the
Secretary of Housing and Urban Development, 24 CFR 135. Contractor
agrees that it will not subcontract with any subcontractor where it has
notice or knowledge that the latter has been found in violation of'
regulations under 24 CFR 115 and will not let any subcontract unless the
subcontractor has first provided Contractor with a prelinrinary statement of
ability to comply with the requirements of these regulations.
3.11 O.2.5 City and Contractor understand and agree that compliance with the
provisions of Section 3, iiie regulations set forth in 24 CFR 135, and all
applicable ru!,-�s and orders of the Department issued thereunder prior to
the execution of this contract shall be a condition of the Federal financial
assistance provided to the project, binding upon City and Contractor, and
their respective successors, assignees and subcontractors. Failure to ftilfill
these requirements shall subject Contractor and its sub(,oniractors, its
successors and assignees, to those sanctions specified by the Grant
Agreement through which federai assistance is provided arid to such
sanctions as are specified by 24 CFR 135.
3,10.3 Clean Air Act; Clean Water Act; Environmental Protection Agency (PA)
Acts and Regulations
3.10.3.1 This contract is subject to the requirements of Section 306 of the Clean Air
Act, as amended (42 USC 1857(h) et seq.), Section 508 of the Clean
VA,later Act (33 USC 1368), Water Pollution Control Act, as amended (33
USC 1251 ez' seq.) and the regulations of the EPA with respect thereto at
40 '-.'FR, Part 15, as amended from time to time, and Executive Order
I I-73'J (42 USC 7606 nt.). In compliance witty said regulations, Contractor
agrees and, with respect to any nonexempt transaction, shall require each
subcontractor to agree to the following requirements:
i
,.,E int'iation that f,,o filo"IlY 00 be utilized in 'Whi, j7-,-rfbrrnan1e oil
nonexempt contract or subcontract --vork i n �d
is I-c�lud� J on the List Of
I ol,91 trig Faciijt le^ is"'11 by the 'FPA) pursualnt to 40 CFR t 5.20;
;erl -rl 1.1:-,,�0^,e,
3.10.3.1.2 Compliance with all thf- requirements of Section 114 of the Clean Air Act,
as amended (42 USC; 1357e-3), aad :3ection 308 of the Federal Mater
Pollution Cor'iol Act, as a nienc'itd x;33 USC 1318); relating to inspection,
monitoring, : iti y, reports 4nj tifor-mation, as �?e% as all othP-
regUirements specified iae said :ec:tion 114 and Section 308 and all
regulations and g 4!delines issued
3 10.3.1.3 A stipulation that, z:.; a condition :,; > .>',vaTd of the contract, prompt
notice will be given of any notification r—,:eiveil- from the Uir-ctor, Offi;e
.
of Federal Activities, EPA, indicating that fiacili.ty utilizer' or to bc uti'ized
for the contract is under consideration to be listed on the EPA List of
'V'iolatng Facilities;
3.1 0.3.1.4 Agi eement by Contractor that it will include or cause to be included the
criteria and requirements of this section in every nonexempt subcontract,
requiring that Contractor will take such action as City may direct as a
means of enforcing such provisions.
3.10.3.2 In no event, shall any amount of the assistance provided under this contract
be utilized with respect to a facility which has givers rise to a conviction
tinder the Clears Air Act or the Clean Water Act
3.10.4 Other Laws
3.10:4.1 Contractor covenants and agrees than T's .)fficers, members, agents, employees,
program participants and subcontractors shall abide by and comply with all other laws,
(federal, state and local) relevant`to the performance of this contract, including all
ordinances, rules and regulations of the City of Fort north and the Regulations.
Contractor further promises and agrees that it has read, and is familiar with, terms and
conditions of the Regulations under which funds are granted and that it will fully co;nply
with same. It is agreed :aid understood that, if City calls the attention of Contractor to
any such violations on the part of Contractor or any of its officers, members, agents,
ernploye€s, program p._riicipants or subcontractors, then Contractor shall immediately
desist from and correct such violation.
3.11 Prohibition A ainst Discrimination
3.11.1 Contractor, in the execution, performance or attempted t p rformiance of this
contract and agree;nie st, will not discriminate against any person be;.ause o17 sex, race,
reiigior.. color or national origin, nor will Contractor perzt-i.it I or cE!rs, rner:pia r's, iiE;Gi7ts,
employees, subcontractors or prograrn participants to engage in sach discrimination.
Ni?ar Sou;c,r<.el Dew iopmF it Ccrporatfon CHDo contract
Page 13
11.2 During,the performance of this contract Contractor agrees, and will' require all its
subcontractors to agree, as follows:
>.11_2.1 Contractor will no'. unlawfully discriminate against any employee or
applicant for employment because of race, color, religion, sex or national
origin. Contractor will take affirmative action to ensure that applicants are
employed and that employees are treated fairly'during employment without
regard to their race, color, religion, sex or national origin. Such action
shall include, but not be limited to the following: employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause.
3.11.2.2 Contractor will, in all solicitations or advertisements far employees placed by or on
behalf of Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion. sex or national origin.
3.11.3 In accordance with the policy of the Executive Branch of the federal government,
Contractor covenants that neither it nor any o3 officers, members, agents, employees,
program participants or subcontractors, while engaged in performing this contract shall,
in connection with the employment, advancement or discharge of employees or in
connection with the terms, conditions or privileges of their employment, discriminate
against persons because of their age or because of any handicap, except on the basis of a
bona fide occupational qualification, retirement plan or statutory requirement.
111.4 Contractor further covenants that neither it nor its officers, members, agents,
employees, subcontractors, program participants, or persons acting on their behalf, shall
specify, 1 . 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.
3.11.5 In accordance with the provisions of the Americans With Disabilities Act of 1993
CADA."), Contractor warrants that it and any of its subcontractors will not unlawfully
discriminate on the basis of disability it the provision of services to the general public, nor
in the availability, terms and/or conditions of employrnerir. for applicants for employment
with , or employees of C ontractor or any of its subcontractors. Contractor warrants it will
lull; comp;; with A.DA`s provisions and any other applicable federal, state and local laws
concerning disability and will defend, indemnify and hold City harmless against any claims
or allegations asserted by third parties or 51-�bcontractors against City arising out of
Contractor's and/or its subcontractors' alleged failure to comply with the above referenced
;• -is coi�.'e,ning d6'abi.'V Y �ti5s nTl.,s`]�ilf.rn in tie performance of this agreement.
!i o. t':;�i1t i , i�' QfiC, 'ct.6"t:a i"I:t( re ;rence specifically to the
Near So����eas;Dr,,.,e,nG�rr��r�t corporation CHDO Contract
Wage 14
ordinances codified at Chapter f-/,. Article Ili, Division 3 ("Discrimination in Employment
Practices"), of the City Code of the City of Worth, and Contractor, hereby cove.n,,,?1ts
and agrees that Conti-actor, its officers, merrobers, agents. employees and subc'oniractors,
1)9.vc fully complied with all provisions of same and that no employee, applicant or
p-ogram Participant has becri discriminated against by the terms of such ordinances by
either the Contractor or its officers, members, agents, employees of subcontractors.
3 12 LP
'mN b Lit i.on A ainSt Interest
3.12.1 No member, officer or employee of City or its designees or agents; no member of
the governing body of the locality in which the Program is situated; and no other public
official of such locality or localities, who exercises any -Lbrictions or responsibilities with
respect to the program funded hereunder during histeno-e or for one year thereafter, shall
'have any interest, direct- or indirect, in any contract c:: sui-,ontract, or the proceeds
thereof, for work to be performed here-under, Contractor shall incorporate, or cause to be
incorporated, like language prohibiting such interest in all contracts and subcontracts
hereunder.
3.112.2 No officer, employee, member or program participant of Contractor or its
sul-contractors shall have a financial interest, direct or indirect, in this contract or !he
moities transferred hereunder or be financially interested, directly or indirect!y, in the sale
10 Contractor of any land, materials, supplies or services purchased with any funds
transferred hereunder, except on behalf of Contractor, as an officer, employee, member or
program participant. Any willful violation of Zhis paragraph with tLe knowledge, expressed
or implied, of Contractor or its Subcontractors shall render this contract voidable-by the
City of Forl'Worth.
3.12.3 No officer, employee, agent, consultant, elected official or appointed official of the
participating jurisdiction, Contracto, or its subcontractors who exercised any functions or
responsibilities with respect to activities assisted with HOME funds or whc are :n r
position to participate in a decision making process or gain inside information with regard
to these activities, may obtain a financial interest or benefit from a HOME assisted
activity, or have an interest in any contract, subcontract, or agreement with respect
thereto, or the proceeds thereunder, either for therlise;,,/es or those with whom they have
family or business ties, during their tenure or for one year thereafter.
3.13 AsFignment
13 1 i_)nlmclof shall not assign al) or any part of its rights, privileges, or duties under.
Zhis of,F.U'act 'WId"clul the Prior written approval of City_ Amy attempted assignme,it of
same V11thoi-it approval shall be void, and shall constitute a breach of Phis contract. It is
agreed that the City has the right to Inspect and approve in writing any proposed
1.
subc0l"Facts bet-,veen Contractor and any Subcontractor engaged in any activity in
Near
Page I
COT, unction With this HOME funded project .prier to any charges being incurred,
3, 14 In-d-giinity
3.14.1 Contractor covenants and agrees to indernrif3r, hold harinless and defend, at its
own expense, City and its officers, agents, servants and employees from and against any
and all clairns or suits for property loss or damage and/or personal injury, including death,
to any and all persons, of whatscever kind or character, whether real or asserted, arising
OUt Of Or in coraw.c-tion with the execution, performance, attempted performance or
nonperformance cf this contract and agreement and/cr the operations, activities and
services of the Program described herein, whether or not caused, in whole or in part, by
alleged negligence of officers, agents, servants, employees, contractors or subcontractors
of City; and Contractor hereby assumes all liability and responsibility of City and its
officers, agents, servants, and employees.fer any and all claims or suits for property loss or
damage and/or personal injury, including death, to any and all persons, of whatsoever kind
or character, whether real or asserted, arising out of or in connection with the execution,
performance, attempted performance or nonperformance of this contract and agreement
and/or the operations, activities and services of the programs described herein, whether or
not caused in whole or in part, by alleged negligence of officers, agents, servants,
employees, contractors or subcontractors of City. Contractor likewise covenants and
agrees to and does hereby indernnilry and hold harmless City from and against any and all
injury, damage or destruction of property of City, arising out of or in connection with all
acts or omissions of Contractor, its officers, members, agents, employees, subcontractors,
invitees, 'licensees, or program participants, or caused, in whole or in part, by alleged
- Wyence of officers, agents, servants, employees, contractors or subcontractors of Ciiy,
neal,
3-14.2 Contractor will maintain a blanket fidelity coverage in, the form of insurance or
bond in the amourt of$10,000, to insure against loss from the fraud, theft or dishonesty
of any of Contractor's officers, agents, trustees, directors or employees. The proceeds of
such bond shall be used to reimburse City for any and a' loss of R NE
.1 .0 monies
occasioned by such misconduct. To effectuate such reimbursement, such bend shall
include a rider stating that reimbursement for any loss or losses thereunder shall be made
directly to City for the uses and benefit of Contractor.
3.15 Waiver of
3.1,5,1 If Contractor, as a charitable or nonprofit organization, has or claims an immunity
or -ex-,nnotion `:statutory or otherwise) from and against liability for damages or injury,
inciudiirp d,�ath, to persons or property, Contractor hereby expressly- I waives Its rights to
plead delfensiv�!Jv sjjch immunity or exemption as against City. This section shall not be
constri.ied
1: affect a goverrimental entity's immunities under constitijtjonzti, statutory or
Page 16
3.16 Public L-iab1l1;y_Ln1,,jur1r1ce
3
Contractor shall furnish a certifkate Of insurance.nce as proof rflg it has see gyred ald
Paid for P011612S Of Public liability and automobile liability insurance covering all risks
incident to or in connection with the execution, performance, attempted performance or
nonperformance of this contract and agreement- '
3.16.2 The amounts of such insurance shall not be less than the maximum liability which
can be imposed on City under the laws of the State of Texas- At present, such amounts
shall b, as follows:
3.16.2.1 Property damage,per occurrence $100,000
3.16.2 2 Bodily injury or death,per person $250,000
3.16.2.3 Bodily injury or death, per occurrence $500,000
3.16.3 Such insurance amounts shall be rev":,ed upward at City's option and that
Contractor shall revise such amounts within' thirty (30) days following notice to
Contractor of such requir-ments.
3.16.4 Contractor also covenants and agrees to furnish the City wilt a certificate of
insurance as proof that it has obtained and paid for a policy of Workers' Compensation
Insurance in the amounts required by State law, covering any an all employees of
Contractor active ism the Program funded under this contract- and Contractor agrees to
require its subcontractors to carry adequate Workers' Compensation Insuranc
amounts required by State law. e, in the
3.16.5 Contractor will submit to City documentation that it has obtained insurance
coverage and has executed bonds as required in this contract within thirty (30) days of the
execution of this contract and prior to payment of any monies hereunder,
1,17 RLo
3.17.1 Contractor agrees to abide by HUD income guidelines, which are specific to the
type of project that is undertaken by the Contractor,
Certification
Thc undersigned representai,;,-, of Contractor hereby c,;irtlfies, to the best of his or
her knowle,lge and belief, that:
ac
Page 17
i No fir ' ral appropriated 1"Unds have been paid or will be paid, by or ol) behalf of
Contractor, to ariv pq3I-sO,-j for "Ifluencing or attempti:ig to influence an ofll�,, or employee.4
of any agency a member of Clongress, an officer Y ce of Congress
or ernPlo In connecti,011
With the awarding of any federal contract. the making of any federal grant, th,r making of
any federal Joan, the ente i nrig M
!,, lo, of any cooperative agreement and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant, loan or
cooperative agreement.
3,18-1.2 If any funds other, than federally appropriated funds have been paid or will be paid
to any person for influencing or attempting to infloence an officer or employee of any
agency, i member of Congress in connection w1d, this federal contract, grant, loan or
cooperative agreement, Contractor shall complete and submit Standard Form-1-U,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
3.18.1.3 The Contractor shall require that the ianguage of this certification be Included in all
subcontracts or agreements involving the expenditure of federal funds.
Near S-v.:then(�eve!^nmem corwation ;HDO Contract
Page 18
Ili WITNESS VVI3EOP', the t�artie �h�'veto liae�e�xecutrd four copies of tills i aa.Gt isz I'csrt
Worth, Tarrant County, Texas, the _' � day Qf � ^— 13,.D. 19��.
A"TEST: CITY OF PORT WORTH
01 r
Y.
city Seeretaty Lihby a:tsar�
Assistant City Manager
APPROVP • AS TO FORM AND LEGALITY:
PI
C4 Qc ttOrCl�!�
Date,
ATTEST: NFAR SOUTHEAST
COMMUNITY DEVELOPMEN CORPOR TIO1
f a}_ Johnny I.,ewis, President
Date
.,_�rE _._1 .�� ..C,r�:O � -i:":}-.;gar-r:yC'i ¢3✓i,19
STATE OF TEXAS
COUNITY OF 7-ARRANIT
BE-FORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on *his day personally appeared Libby Watsoi�'
known t(3 me to be the persoa whose name is
subscribed to the .fi).regoing instrument', and acknowledged to 'lie that the same was the act of t1'e
City of Fort Worth and that she executed the same as I he act of said City of Fort W,)rth for the
put-poses and coasideration therein expressed and in the capacity therein stated,
`G VIEN LYNDER,. MY HAND Al cl-FAL OF OFFICE this 4
Clay of
A.D
L14.
X11 J,
4"
Nwary Public in and f the State of Texas
S4`A'fE 01-,' TEXAS
T
VF
COUNTY OF TARRANT
BEFORE TW, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Johnny LeNvis, known to me to be the person whose name is
subscrilx-d to the foregoing instrument, and acknowledged to me that the same was the act of
Near Southeast Development Corp. and that he executed the same as the act of said Near
Southeast Develof -rent Corp. for the Purposes and consideration therein expressed and in the
capacity therein stated as its duly authorized officer or representative,
Cil 7
U1
N'DEK MY IJAND AND SEAL OF OFFICE this day of
— ---------
C
EXPRE Notary Public in and for the St
IMN CURK
Way 13. IR2 ate ofTexas
Page 20
EXH1811-11,
EAR SOU THEAST COMMUNITY DEVELOPMENT CORPORATION
PROGRAM SUMMARY
Program f'itie
NEAR SOUTHEAST NEIGHBORHOOD I:ZEVITX'%LIZATI0N STRATEGY
HOME
PERSONAL. SERW ES PROPOSED
SUPPLIES $ 25,998
SONTRAO'I UAL SERVICES $ 602
CAPITAL OUTLAY 3,400
TOTAL.
APPROVED POSITIONS ('I, :, 'TOTAL) $30,000.00
.T5
DESCRIPTION:
The Dear Southeast Community Development Corporation will provide staff, development services,
acquisition and rehabilitation to implement the neighborhood re vital
,vitalization strategy in the area and tea`
increase the number of decent, affordable housing units available to low and very-'love income I'amilie, and
individuals.
The period of performance is from the date of contract execution,to April 30, 1999.
PROGRA M OBJECTIVES:
To effect community development of the Roar Southeast as outlined in the neighborhood revitalization
strategy for the irea, the 'NSCCC vrill undertake the acquisition, rehabilitation and resale of severs
Douses.
PROGRAM MEASURES, Estimated Estimated estimated
Housing Acquisition and Rehabilitation $ 9b-97 1997-98 1998-99
Acquisition, rehabilitation and resale of 7 homes to low and 1 home 4 homes 2 homes
'moderate i-IcGme familfes =n the Near Southeast Model Tacks
�XMBIT SCfD��ptF�p,TE Par f3t7s'�CET
i ME Bud-lef Other Sources
_. _.
_ A EP=E Development
WERSC3PJAL SF -- ( (B) 1�t C�ct�praf c.is jul r-ou^cations Fur dT.',I n Fees
_--- _ _ f la
--
SaEarae v ___- -__V__• _
24,510 S 24,510
F='-A 356 -- - - - - - ---�---- -
Health Ensuranc.P -- '
Lift=!n uran - ------
Elnemploument--State _-----
EJnernUfc>yn,
^ 6/ilorker s cornper,satkon _ $ 1 OfJU $ - 1,0W
---
Retirement
-Mist Fringe Benefits_ -
Stl-0PUCS
-- -- --- ------- $ 1,102 1 $--602 —�- 4 b S00
Oa f ce supplies 5Q0 S --StXJ .-__- _..-
Wastage -
Ott3er cJperattng 5upp6as_ !_ _ -. -
_,-- __ _ -
Tcachinc Aids
---
COi16TR2'ACeB�i; ER�.IEf'�S -- - --._. _�_- -_ -
_ $ 1(E,1S $ -3,500
elefACT 1HEE -
EOeLyric _ ( 500
�_-.-_--
-Wate Waste
CUStodiaE-__ _ 3, _-
_ Services g; _ �
Office ETuipment Rental 2SQ
- -- ---
$ 25E�
�-Arinting �°-
_.�-__..-- --.••-•--
Repairs 2 r0 $
Fi elrty Bond _.__ - .$___-37,E -250
LiakriErty Ensuran - _-- $ 1
_ 275
Consultant Faye ! $ 125
_t°egal&AczQUntn - - -- _ _ y �^
- c�T- _ 2a0
c3ther Prafessional Serericps -`° ry -- _
Private Auto Alk vance-lcj $ 500
Privets Auto AEEcnMan_ce•C3ther $ - ----- $ 760 Leased 4ltghicla�Charges -
Gaedba -- Oi!&Eube
Cotr#erettr,,_e_&Seminars - :"
Fumrturr, Fix#ures - --f -- -
Office E-ruipment fiental - $ --
t"L)?'AL --- - - i_
____37,7_50 S 30,0001 ___� S 3?50 $ 4004
cof !
OD a — n
ft.� � �.
09 0 ��
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C4,y qf F Tex
as
yor and Council Communiclaltic'm
REFE&tErFCE P1LTd•aER
04123/::6 h
---------, — - --- - __-_ C-1541 7T 05f=E,;9NDI
S_. 4GT t
€ 1 _ 1 cf,4
'RGA IZATIONS (CHJCS): 1ovE FUNDWG FOR COMMUNITY HOUSING DEVELOPMENT,
d G{
It is rec0n1r,011,ded that the City Council; F �'
1• Approve the use of $728,895.00 for Community Housing Development r- Organizat€ores
ft D()-,) under- f=ederal HOME Frogram Years 1994 and 1995,
i
r'
2• Authcs rize the City I°A?anager to execute contract-, not to exceed a combined total of
$728,895.00 in draw-down of Fiscal Year 1994 and 1995 HOME funds from HUD, with l
the following CHDQs to administer their respective prograrns in the amounts of:
,i
s
ii
a. $63,300.00 to Ability Resources, Inc. f0f the acquisition, rehabilitatioJa,
including architecJ.ural barrier removal for haneicap accessibility, and life:-safety i
a
inocl;f,r:,a'tions of a rental vni, fcr low income special needs pers®ns,
f'
$30,0010.00 to Community Enrichment Center, Inc. for the ace;uisWon of five
HUD-owned properties to be rented to homeless families transificaning to
independent living,
s
!
C. X82,000.00 to Habitat for Citizens of Texas, Inc. fear the acquisition and
I rehabilitation of two duplexes for transitional housing for the homeless,
d. *10,000,00 00.00 to the Jennings/May/St. Louis Development Corp. (JMSL.) for
Isrec eveiopment cos-C for two multi-3 arngaly projects and an infill/home€awnership
Program in the Jennings, May, St. Louis Model Blocks area,
! c , $1 05,000.00 to ' iberatien Community, Inc_ for deferred €
payment loans to
seven, i7) first-time homebuyers in conjunction with their program to acquire
and rehabiiiiate five existing houses and to construct two new infill houses
l in iihe Liberation Cor-nrric pity°s Model Blocks in the Harlem Hills area of
i
€
+ 95-f to -the Near Southeast
Deueict,m t Corp. as seed money fora �
r N7,,t" lo- r" fund for the at:ut,is floc; rchat?i1,� ,{ctrl and f;?sale of hrrrtes to iOYv'
iit ;�)ti t inii in the �C y,s a J I F_ N �
Z' .ii i'd� i aCi ?'� =��s? � st�Clsyi *alocle.,,
to Neig'"iborhood Housing ,,rvires of ;Fort Wo x
its, Inc. foi
honi2
� kk;
1
UtY of Fort Nord; ` -exas
Mavor and Council,
1)S1Tf? ER EREUCE NUM R$ --- -—�
04/23/96 PAGE'
I5417 _ 05FUf1lL;i 2 of 4
sva. c-r 1994-95 - —_
HOME FUNDING FOR COMMUNITY HOUSING DEVFLOPMENT
ORGANIZATIONS (CHDOS)
h, $10,000-00 to Women's Second Chance, Inc. for predevelopment activities
associated with developing transitional housing for homeless Women who are
victims of domestic violence-
3. Authorize the contract performance period can. all eight contracts to begin on the date
signed and end April 30,1999, and
4- Authorize the Department of Housing to submit periodic requests for reimbursement from
HUD for wire transfer to Sank of America Local HOME= Investment Trust Fund Account.
QISCUSSION:
The City of Fort Worth is a Participating jurisdiction in the HOME investment Partnerships
Program. HOME is intended to be a partnership between federal, state and local government,
and non-profit and for-profit agencies who, build,
own,manage,finance and support tow income
lousing initiatives. Participating Jurisdictions (PJs) are particularly encouraged to work with
existing community-based, iron-profit housing organizations and to help develop near housing
non-profits. To ensure this participation, a minimum 15% of a PJ's HOME funds must be set
-
aside to fund CHDOs' program activities. A'CHDO is a corporation organized under state law,
which has iRS 501 ( c ) tax exempt status and is engaging, at least in part, in Providing housing.
to low and very low incorne persons, LHDOs are c,,rtified by P,fs according to specific eligibility
criteria. Commitments of HOME funds must be made according to a time table established by
HUD.
r cr the City of Fort Worth, the combined total of 1994 and 1995 HOME funds is $4,653,000.00.
The mandatory minimum 15% set-aside for qualified C!-lDO projects is $697,950.00 and the 5%
allowable for operating expenses is $232..550.00 for a total of $930,600,00. Of this amount,
$320,000.00 from the 1994 CHDO set-aside has already been subcontracted to Liberation
Community, inc. by City Council action itl M&C's C-1 5042&C-15043, approved September 26,
1995, leati;ir:9 3 halartcP of S;'23,400.00. The 1995 CHDO set-aside
f
_ , is $482,200.00i'394-05 CHDO is The total
, �00.00.
i
m order i0 obtain :7artiGi ) tltlrl Cii a Utl�;lai iiVii i rG.ti a"�arii£; QrgariZari�f?S in tllE ✓ftyl�i '
f . t
HOME I'r_)gram, a request For CHDO Proposals was issued on January
Proposers' Conference was held on Jar,ua; 6, 1`196 and a
y 22, 19, 6, Fight propQSals n ere rc-ceived in
response tc� this soiicitarion, three from existing CHDps and five from non-profit organizations
requestinn CHDC certification_ Staff provided technical assistance and held disc(_rssioris with the
t 3pls^ants on heir o Qz;ct!5 e P olr a �� +i
I p (? s_. ni ati_�ns v , fak;r_rage HOME ft1r)C1S 'vitl� fttnr#s from
1 "•I ��, C'l;Sii��tlCl(1`_,, fly <�f;C(ai 3n<itit�t-.U'." GC'.. r t
nrrib�.r,icns and pnva,c cicr:Ut:i.�ns.
�- , ' ' and Council Commun
Ication
0 •/23/96 ec
s CT 994-95 HOME FUNDING FOR COMMUNITY HOUSING DEVELOPMENT ^
ORGANIZATIONS (CHDOS)
A total f inning amount of $1,335,770.00 was 'requested by the :-ight ±Ci-DO proposers
$1,070,270.00 for prograrns and operating funds it, the aat;ciant of s 265,500.00
Funding for the eight CHDOs is recommended as follows: i
AGENCY SCOPE OF WORK C'Ftt�CiFli4M
Ability Resources, Inc, acquositiort, rehab/ $:�— —__ GF' e4Tlt;1�S
58,300.00 $ 51000.00
barrier removal/rental
special needs population
(1 ,unit)
Community Enrichment acquisition/rehab/lease $ 75,000.00> ; 5' 000.00
Center, Inc. transitional housing
(5 units)
Habitat For Citizens of acquisition/rehabAease $ 2,000.00 $ 10,000.00
Texas transitional housing
(4 units
JF,ASL Development predeveloprraent for $ 0 $ 10,000.00
Corp. multi-family and
single family housing
Liberation Community deferred payment loans/ $ 84,000.00 $ 21"F{�OO.Ot?
first-tame homebuye;rs
(5 existing and 2 s<ew
construction)
Near Sota"th ;?;t revolving loan fund for $ '166,595.00 30,000.00
i Deveiopment c.' arp itaJisif.soi rti.["?<!bi"ie ale
i
i
(7 units)
l
Neighho0iond l-lc± ;sia-?g deferred, pay!f1c:rit leans/ S 14-4,000.00 u 38,x100.00
Service'_, ,nc. ir?t f' l"h ii73f bliyf;'S
i
t
, c t aa's a 0 $ 10,000.00
lor
E7k�TH .'"'�.'_ '_ 11 FtFFSR�RJCB N17f+�B8R LOG V-Ple PAGE
04123/9b — 05FUNDI 4 of 4
sva�a�c� 1994-95 HOME FUNDING FOR COMMUNITY HOUSING DEVELOPMENT
ORGANIZATICNS (CH1)GS)
SUB-TOTAL $728,895,00 $599,895.00 $129,000.00
1994 CHDO FUNDS $320,000.00 $250,000.00 $70,000.00
ALLOCATED TO
PROJECTS PRIOR
TO RFP
TOTAL ALLOCATION $1,048,895.00 $849,895.00 $199,000.04
% OF TOTAL 1994 & 1995 (22%) 118°l0;} (4%)
HOME FUNDS OF $4,653,000
The total "project" funding; of $849,895.00 exceeds the minimum 15% set-aside of
$697,950.00 by $151,945.00 and is a clear demonstration of the City's dasire to support �
community-based, non-profits. The $199,000.00 proposed to be awarded fc; operating support �
equals 4% of HOME allocations. The $33,650.00 amount under the operations cap will be rolled
into the next Request For Proposal, scheduled for mid summer.
These recommendations were approved by the Safety and Corrmmunity Development Committee
on April 4, 1996.
These projects are available in COUNCIL DISTRICTS 2,4,5,6,7.& and 9_
Indirect cost does not apply to these contracts since no Cit
involved. Y personnel services costs ire
SAL 'iNFORMATION< ER"('I�Irg'[j�;
The Director of Fiscal Services certifies that upon approval of Recommendation No. 4 funds for
these contracts wili be available through receipt of reimbursement from HUD via wife transfer
Bald rW7
Jf �fa' y: CITY SECRETARY
(toY
Libby Watson 640
Originating B®partrant Bead: M�
r
Jerome Sulker -1537 (`zenY
APPROVED 4-23-96
For A&Utionjkl Info:-mation
(ontact:
Jerome balker %�37