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HomeMy WebLinkAboutContract 42290 CIN SECRETARY CaNTRACT N®..�.�a STATE OF TEXAS § COUNTY OF TARRANT § This contract ("Contract") is made and entered into by and between the City of Fort Worth (hereafter "City") and Tarrant County Housing Partnership, Inc. (hereafter "Developer"), a Texas nonprofit corporation. City and Developer may be referred to individually as a"Party" and jointly as "the Parties". The Parties state as follows: WHEREAS, City has received funds from the United States Department of Housing and Urban Development ("HUD") for a Neighborhood Stabilization Program ("NSP"), Title III of Division B of the Housing and Economic Recovery Act of 2008 (the "Act"or"HERA"); WHEREAS, one of the primary purposes of Title III of HERA is to aid in the redevelopment of abandoned and foreclosed homes and residential properties; WHEREAS, on October 6, 2008, the City was notified by HUD that it would be awarded NSP funds, and on November 11, 2009, the City Council approved the City's plan for use of$6,307,433.00 of NSP funds, of which no less than 25% or $1,584,953.00 was to be set aside to benefit low income households earning at or below 50% of AMI (defined below); WHEREAS, City wishes to award Developer $1,699,755.00 of the City's NSP funds to finance the acquisition, rehabilitation and redevelopment of a foreclosed multifamily rental property know as the Beaty Street Apartments currently consisting of 71 multifamily units located in the 5500 block of Beaty Street in Fort Worth, TX into 66 units of quality, affordable, and accessible housing available to individuals earning at or below 50% of AMI (the "Required Improvements" or project), as further described in Exhibit"A"- Project Summary; and WHEREAS, City citizens and the City Council have determined that the development of quality, accessible, and affordable housing is needed for moderate, low, and very low-income citizens of Fort Worth; 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 Developer hereby agree that the recitals set forth above are true and r correct and form the basis upon which the Parties have entered into this Apoeffient. v1ccw 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: Affordability Period means the period of time that housing that is purchased, renovated or reconstructed with NSP Funds must remain affordable and subject to recapture. The Affordability Period for this project is 15 years. The Affordability Period begins on the date that the project status is changed to "complete" in HUD's Disaster Recovery Grant System ("DRGR") maintained by the City and HUD as required by the NSP notices, and applicable regulations and guidance from HUD. Area Median Income (AMI)means the median family income for the Fort Worth- Arlington metropolitan statistical area as established annually by HUD. Complete Documentation means a report or reports in a form reasonably acceptable to City that contains a summary of all NSP eligible costs expended for the Required Improvements with the following supporting documentation as appropriate: (i) copies of invoices for all completed work and other documents such as cancelled checks or wire transfers necessary to demonstrate that such amounts were actually paid, including without limitation; (ii) final lien releases signed by the general contractors or appropriate subcontractors; (iii) copies of all City permits issued for such work and City-issued "pass" inspections for such work; (iv) documentation to show compliance with M/WBE bidding process for such work, as applicable; (v) Exhibits A - J; (vi) sufficient proof to show tenant income eligibility; and (vii) any other document or records reasonably necessary to verify costs spent for such project. Completion shall mean the substantial completion of the Required Improvements, as evidenced by a HUD Compliance Inspection Report with final inspection approval from the City. Completion Deadline means May 31, 2013. Effective Date means the date of this Contract is fully executed by the Parties and the City Secretary as shown by their respective signatures. Eligible Tenant means a tenant whose annual income adjusted for family size does not exceed 50% of AMI established by HUD. Tenant income must be verified using the most current HUD Income Guidelines and Technical Guidance for Determining Income and Allowances subject to Section 7.2 of this Contract. The definition of annual income to determine tenant income eligibility under this Contract shall be the definition contained in 24 CFR Part 5.609 as amended from time to time. Loan Documents means security instruments including without limitation, notes, deeds of trust, security agreements, guaranties, pledges or other similar security instruments evidencing, securing or guaranteeing City's interest in the Required Improvements constructed under this Contract and further evidencing, securing, or guaranteeing NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc. Beaty Street Page 2 Developer's performance during the Affordability Period, as the same may from time to time be extended, amended, restated, supplemented or otherwise modified. NSP Funds means City's NSP funds supplied by City to Developer under the terms of this Contract. NSP Requirements means all statutes and regulations governing the NSP Program including Title III of Division B of the Housing and Economic Recovery Act of 2008 ("HERA") and any related regulations; the American Recovery and Reinvestment Act of 2009 including but not limited to regulations published in the October 6, 2008 Federal Register; the NSP Federal Register Notice, 73 FR 5830; the requirements applicable to entitlement communities under the Community Development Block Grant("CDBG") Regulations, 24 CFR Part 570; applicable provisions of the HOME Investment Partnerships Program ("HOME") and the HOME Regulations at 24 CFR Part 92; and the terms of the City's Grant Agreement with HUD for its award of NSP funds, City Secretary Contract No. 38388. Property means the land on which the Required Improvements shall be constructed as more particularly described in and encumbered by the deed of trust. Required Improvements or the project means all the improvements to the Property for an affordable rental housing project to be constructed on the Property, together with all fixtures, tenant improvements and appurtenances now or later to be located on the Property and/or in such improvements. The Required Improvements are commonly known as the Beaty Street Apartments. Source Documentation means any documentation allowed under the 24 CFR Part 5.609 definition of annual income. 3. TERM AND EXTENSION. 3.1 Term. The term of this Contract begins on the Effective Date and terminates in 2 years unless terminated as provided in this Contract. 3.2 Extension. This Contract may be extended for 1 year upon Developer submitting a request for an extension in writing at least 60 days prior to the end of the Contract term. The request for extension shall include Developer's anticipated budget and goals and objectives for the extended term. It is specifically understood that it is within City's sole discretion whether to approve or deny Developer's request for an additional term. Any such extension must be in writing as an amendment to this Contract. 4. DUTIES AND RESPONSIBILITIES OF CITY. 4.1 Loan of NSP Funds. NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc. —Beaty Street Page 3 City shall loan up to One Million Six Hundred Ninety-Nine Thousand Seven Hundred Fifty-Five and No/100 Dollars ($1,699,755.00) of NSP Funds in the form of a subordinate loan to complete the acquisition, rehabilitation and reconstruction of the Required Improvements, under the terms and conditions described herein(the"Loan"). 4.2 City Will Monitor. City will monitor the activities and performance of Developer and its contractors as often as is deemed necessary by City in its sole discretion. 5. DEVELOPER OBLIGATIONS. 5.1 Required Improvements. In accordance with the terms and conditions of this Contract, Developer shall construct the Required Improvements as described in Exhibit"A"—Project Summary. 5.1.1 Inspections. The project must pass inspection and be approved during the construction period as shown on a HUD Compliance Inspection Report completed by the City's Housing and Economic Development Department inspectors . 5.2. Construction Schedule. Developer will construct the Required Improvements in accordance with the schedule set forth in the attached Exhibit "C" — Construction Schedule. Developer shall not begin construction until City sends a Notice to Proceed. Developer's failure to meet the construction schedule shall be an event of default. The City may at its sole discretion approve any changes to the Construction Schedule after Developer has submitted a written request for the change and a proposed modified Construction Schedule. If approved, then the Parties shall execute an amendment to the Contract. 5.3 Use of NSP Funds. 5.3.1 Expenditures in Compliance with NSP Requirements and Contract. Developer shall be reimbursed for the project costs with NSP Funds only if: 5.3.1.1 Costs are eligible expenditures in accordance with NSP Requirements as determined by the City in its sole discretion. 5.3.1.2 Costs are in compliance with this Contract as determined by the City in its sole discretion and are reasonable and consistent with industry norms. 5.3.1.3 Complete Documentation as determined by the City in its sole discretion is submitted by Developer. 5.3.2 Bud?-et. Developer agrees that the NSP Funds will be reimbursed in accordance with Exhibit "B" - Budget. Developer may not increase or decrease line-item amounts in the NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc.—Beaty Street Page 4 Budget without the prior written approval of the director of the Housing and Economic Development Department of the City of Fort Worth. 5.3.3. Security for City's Interest. To secure City's interest in the Required Improvements in the event that Developer is unable for any reason to fully complete its obligations under this Contract, Developer shall execute the Promissory Note and any other Loan Documents and record the Deed of Trust encumbering the real property on which the Required Improvements will be constructed. No funds will be paid or reimbursed until the Deed of Trust is recorded. 5.3.4 Loan Terms and Conditions. Developer will be required to: 5.3.4.1 Execute a subordinate Promissory Note and Deed of Trust Security Agreement — Financing Statement and other Loan Documents secured by Developer's interest in the Property and Required Improvements in the amount of the Loan. 5.3.4.2 Provide City with a Mortgagee's Policy of title insurance in the amount of the Loan. 5.3.4.3 Pay all costs associated with closing the Loan. 5.3.4.4 At least 1 business day before closing, Developer will provide to City the estimated settlement statement. 5.3.4.5 Ensure City's lien is only subordinate to the senior indebtedness described in a subordination agreement between City and the construction lender and/or the permanent finance lender. City must approve in writing any secured financing that is to be subordinate to City' Loan. 5.3.4.6 The term of the Loan shall commence on the date of the Promissory Note and shall terminate with the end of the Affordability Period. 5.3.4.7 Payment will be deferred throughout the Loan term. The Loan is forgivable at the end of the Affordability Period, provided that all Affordability Requirements and NSP Requirements have been met and Developer is not otherwise in default of the Loan terms or of this Contract. 5.3.4.8 Early repayment of the Loan shall not relieve Developer of its obligations under this Contract or the NSP Requirements and will not result in the release of the Deed of Trust which must remain in place until the end of the Affordability Period to secure NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc. —Beaty Street Page 5 Developer's performance hereunder. 5.3.4.9 City agrees that its Loan shall be subordinate to Developer's construction and/or permanent lenders and City agrees to execute subordination agreements as requested by the construction and/or permanent lender. City also agree to execute partial releases as may be necessary as determined by City in its sole discretion to allow Developer to complete its obligations under this Contract provided that Developer is not otherwise in default of the provisions of this Contract including but not limited to those provisions relating to tenant income eligibility under the NSP Program requirements, and so long as the partial release is in the City's best interest. The Deed of Trust will continue to secure Developer's performance of its obligations hereunder throughout the Affordability Period regardless of any repayment of the Loan. 5.3.4.10 Except for permanent loan conversion with Developer's permanent lender, refinancing by Developer shall require the review and prior written approval of City, which approval shall not be unreasonably withheld. 5.3.4.11 Any failure by Developer to comply with this Section 5.3.4 will be an Event of Default under this Contract and the Loan Documents. 5.3.5 Payment of NSP Funds to Developer. NSP Funds will be disbursed to Developer on a reimbursement basis upon Developer's written and signed request for reimbursement and submission of Complete Documentation to City in accordance with Exhibit "C" — Construction Schedule, attached hereto and made apart hereof for all purposes. 5.3.6 Maintain Affordability Requirements. Developer shall ensure that Required Improvements shall remain affordable throughout the Affordability Period as required by the NSP Requirements. There shall be a 10% payment of the total Loan amount by Developer to City as liquidated damages if Affordability Requirements are not maintained during Affordability Period. 5.3.6.1 City Monitoring for Affordability Requirements. City will monitor the activities and performance of Developer and its contractors in order to ensure that the Required Improvements remain affordable and are in compliance with the NSP Requirements and this Contract. 5.3.7 Affordability Requirement Survives Transfer. The Required Improvements must remain affordable without regard to the term of any mortgage or transfer of ownership, pursuant to the terms of the Loan Documents, any deed restrictions or other mechanism provided by HUD. Any sale or transfer of the NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc. - Beaty Street Page 6 project during the Affordability Period, excluding a transfer due to condemnation or to obtain utility services, will require the repayment of any unpaid principal or the new owner or transferee must affirmatively assume in writing the obligations established hereunder for the project. 5.3.8 NSP Funds Obligation Deadlines. Developer must obligate the total amount of NSP Funds by March 31, 2012. Developer must obligate at least half of that amount by December 31, 2011. To obligate funds, Developer must follow these procedures: 5.3.8.1 Funds for property acquisition are obligated by entering into a valid and NSP-compliant purchase agreement; 5.3.8.2 Funds for construction or rehabilitation are obligated by completing a detailed set of plans and specifications and completing a detailed construction/rehabilitation cost estimate based upon those specifications. Such cost estimate may include a contingency for construction change orders of up to 15% for rehabilitation and up to 5% for new construction; 5.3.8.3 For a property that has met the requirements above, the total obligation amount will include the per-unit or prorated estimates of soft costs, developer fee and sales costs based on the cost assumptions set forth in this Contract; 5.3.8.4 TCHP must report fund obligations on a monthly basis or when requests for reimbursements are made, whichever occurs sooner. 5.3.9 Tenant Protection. Developer agrees to comply with the Protecting Tenants at Foreclosures Act of 2009 ("PTAF") and any other laws or regulations concerning tenant protections applicable to acquisitions of foreclosed properties with NSP Funds. Developer must document its efforts to ensure that the initial successor in interest ("ISII") in a foreclosed upon dwelling or residential real property(typically, the ISII in property acquired through foreclosure is the lender or trustee for holders of obligations secured by mortgage liens) has provided bona fide tenants with the notice and other protections outlined in PTAF. Developer will not use NSP Funds to finance the acquisition of property from any ISII that failed to comply with applicable requirements unless Developer assumes the obligations of such ISII with respect to bona fide tenants. If Developer elects to assume such obligations, it may do so only if the tenant is still occupying the property and will provide any tenant displaced as a result of the NSP funded acquisition with the assistance outlined in 24 CFR 570.606. If Developer knows that the ISII did not comply with the NSP tenant protection requirements and vacated the property contrary to the NSP requirements, NSP funds cannot be used to acquire such properties. 5.3.10 Displaced Persons. Developer will adhere to the guidelines set forth in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ("URA"). Developer will minimize displacement of persons as a result of activities assisted with NSP funds. Developer will furnish City with its relocation plan, including budget and timelines, for City's review and approval. Such submission shall include copies of the Notice to Seller, General Information Notices, Notice of Eligibility and/or Notice of Non-Displacement, Tenant Claim Forms and any other required documentation and forms related to NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc. -Beaty Street Page 7 relocation assistance provided under URA. Developer agrees that it will not distribute Notice of Eligibility until after execution of the Contract. 5.4 Acknowledgement of Completion. Within 90 days of Completion, Developer shall sign an acknowledgement that City has met all of its obligations under this Contract, or shall sign a document stating what City obligations are outstanding. Once City has met all of its obligations, Developer shall sign an acknowledgement of same. 5.5 Unit Reporting. Developer must notify the City in writing within 30 days of either of the following occurrences: 5.5.1 any unit is occupied by a tenant who is not income eligible, or 5.5.2 any unit remains vacant for more than 90 days. 6. RENTAL HOUSING CONSTRUCTION WITH NSP FUNDS 6.1 Construction to Conform to All Applicable Laws, Building Codes and Ordinances. All plans, specifications and construction for the Required Improvements shall (i) conform to all applicable Federal, state and local laws, ordinances, rules and regulations, including NSP Requirements; (ii) meet all City building codes; (iii) be certified as meeting the Energy Conservation requirements as required by the State of Texas in Chapter 11 of the International Residence Code; (iv) for new construction, must conform to the Model Energy Code, published by the Council of American Building Officials; and (v) pass inspection by City's Housing and Economic Development Department inspectors. Housing units constructed with NSP Funds furnished under this Contract shall meet all applicable standards under City Codes and ordinances. 6.2 Property Standards. Developer shall comply with the requirements contained in 24 CFR Part 92.251 as relates to Property Standards and Housing Quality Standards (HQS), and Accessibility Standards under 24 CFR Part 92.251 (a)(3) as applicable, for the Required Improvements. 6.2.1 Property Maintenance and Inspections. Developer shall ensure that the project is maintained to the standards described in Section 6 for the duration of the Affordability Period. City will verify maintenance of the project to these standards through annual on-site inspections. 6.3 Lead-Based Paint Requirements. If the Required Improvements include units built prior to 1978, Developer must conduct a lead assessment in accordance with Lead Based Paint Requirements as found in 24 CFR Part 92.355 and 24 CFR Part 35. Developer will comply with Federal lead- based paint requirements including lead screening in housing built prior to 1978 in NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership,Inc. -Beaty Street Page 8 accordance with 24 CFR Part 92.355, 24 CFR Part 35, subparts A, B, J, K, M, and R, and the Lead; Renovation, Repair and Painting Program Final Rule, 40 CFR Part 745 in the construction and rehabilitation of the Required Improvements. 6.4 Approval by City of Plans and Specifications Not Release of Responsibility. Approval of any plans and specifications relating to the Required Improvements by City shall not constitute or be deemed (i) to be a release of the responsibility or liability of Developer or any of its contractors, their respective officers, agents, employees and subcontractors, for the accuracy or the competency of the plans and specifications, including, but not limited to, any related investigations, surveys, designs, working drawings and specifications or other documents; or (ii) an assumption of any responsibility or liability by City for any negligent act, error or omission in the conduct or preparation of any investigation, surveys, designs, working drawings and specifications or other documents by Developer or any of its contractors, and their respective officers, agents, employees and subcontractors. 6.5 Approval by City of Subcontractors. Developer will use commercially reasonable efforts to ensure that all subcontractors utilized by Developer or Developer's general contractor are appropriately licensed and such licenses are maintained throughout the construction of the Required Improvements. Developer shall ensure that all subcontractors utilized by Developer or Developer's general contractor in the construction of the Required Improvements are not debarred or suspended from performing the subcontractor's work within the City, the State of Texas, or the Federal government. Developer must confirm that all subcontractors are not listed on the Federal Excluded Parties List System, www.epls.gov, and must submit printed verification of such searches with the first reimbursement request which include invoices from any subcontractor. Failure to submit such proof shall be an event of default. In the event that City determines that any subcontractor has been debarred, suspended, or is not properly licensed, Developer or Developer's general contractor shall immediately cause the subcontractor to stop work on the project. In the event that any subcontractor has been debarred, suspended, or is not properly licensed, Developer or Developer's general contractor shall not be reimbursed for any work performed by such subcontractor. However, this Section should not be construed to be an assumption of any responsibility or liability by City for the determination of the legitimacy, quality, ability, or good standing of any subcontractor. 7. TENANT SELECTION AND INCOME VERIFICATION. 7.1 Income Eligibility. Developer must use the annual income definition used by 24 CFR 5.609 to establish tenant income eligibility. Developer shall use the most current HUD Income Guidelines and Technical Guidance for Determining Income and Allowances to determine tenant eligibility. 7.2 Income Verification. NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc. -Beaty Street Page 9 7.2.1 Before executing any lease, Developer must verify all new tenants' income eligibility with Source Documentation. Afterward, Developer must annually verify the tenant's income, but may use the City-approved tenant self-certification form attached hereto as Exhibit K rather than Source Documentation. 7.2.2 Not withstanding the foregoing, every 6th year of the Affordability Period, Developer must verify the income eligibility of all tenants with Source Documentation. 7.2.3 Developer must maintain copies of such Source Documentation and all tenant self-certification forms as required under this Contract. 7.3 Tenant Lease. Developer shall use a tenant lease that complies with the following: 7.3.1 Length of lease term shall not exceed 2 years and may not be shorter than 1 year. 7.3.2 Lease may not include agreement by tenant to allow landlord to take, hold or sell tenant's property without notice. 7.3.3 Lease may not include agreement by the tenant to excuse owner from responsibility for intentional or negligent acts. 7.3.4 Lease may not authorize owner to institute a lawsuit without notice to the tenant. 7.3.5 Lease may not include agreement by tenant to waive a jury trial or right of appeal. 7.3.6 Lease may not include an agreement by tenant to pay legal costs of court proceeding even if the tenant prevails in those proceedings regardless of outcome. 7.3.7 Within 30 days of execution of each lease, Developer must submit to City Exhibit"F"—Tenant Demographic Report. 7.3.8 Developer shall provide City copies of revised lease forms within 30 days of any change to its lease form. 7.4 Tenant Rent. Rents charged to tenants are subject to review and approval by City. Developer agrees to abide by HUD-approved schedules of rent levels and locally adopted utility allowances published by the Fort Worth Housing Authority. 7.5 Tenant Selection. Within 30 days of Contract execution, Developer must submit to City for approval Developer's written tenant selection policies and criteria that address the following: NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc. -Beaty Street Page 10 7.5.1 Tenant Selection policy must be consistent with the purpose of providing housing for very low and low income persons. 7.5.2 Tenant Selection policy must provide for: 7.5.2.1 The selection of tenants from a written waiting list in the chronological order of their application, insofar as is practicable; 7.5.2.2 The prompt written notification to any rejected applicant of the grounds for such rejection; and 7.5.2.3 Bi-lingual leasing and management assistance. 7.5.3 Holders of rental assistance subsidies (such as HUD's Housing Choice Voucher or similar subsidy) must not be excluded from renting a unit in the Required Improvements. 7.5.4 The Tenant Selection policy must address non-discrimination and affirmative marketing as discussed in Section 7.6. 7.5.5 The Developer must market accessible units in the following order: 7.5.5.1 Market within the project to persons requiring an accessible unit. 7.5.5.2 Reference waiting list to check for persons requiring accessible unit. 7.5.5.3 Market to general community for persons requiring accessible unit. 7.5.5.4 Market to persons that do not require accessible unit. 7.5.6 The Tenant Selection policy must address lease requirements as discussed in Section 7.3. 7.5.7 The Tenant Selection policy must comply with state and local tenant/landlord laws. 7.6 Affirmative Marketing. Developer must adopt and implement affirmative marketing procedures and requirements for all housing assisted with HOME Funds as required by 24 CFR 92.351 if the project involves the construction of 5 or more HOME Units. The procedures and requirements must include methods for informing the public, owners and potential tenants about fair housing laws and policies so as to ensure that all individuals, without regard for sex, age, race, color, creed, nationality, national origin, religion, handicap status, disability, familial status, sexual orientation, gender identity, gender expression or transgender, are given an equal opportunity to participate in the project. NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc. -Beaty Street Page I I The procedures and requirements must also include the designation of an individual that will be responsible for marketing the project and establishing a clear application screening plan and the maintenance of documentation and records to evidence affirmative marketing procedures have been implemented. Developer's affirmative marketing procedures must be submitted to City for approval prior to implementation. City shall have no responsibility with regard to affirmative marketing of the project. 8. Additional Requirements. TCHP acknowledges its responsibility for adherence to all applicable terms and conditions of this award, including obtaining a DUNS number or updating the DUNS record. TCHP further agrees to use the NSP Funds available under this Contract to supplement rather than supplant funds otherwise available. In addition, TCHP agrees to the following: 8.1 Environmental Review. NSP Funds will not be paid and costs cannot be incurred until City has conducted and completed an environmental review of the proposed project site. The environmental review may result in a decision to proceed with, modify, or cancel the project. Further, Developer will not undertake or commit any funds to physical or choice limiting actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair or construction prior to the environmental clearance, and any violation of this provision will result in the denial of any funds under this Contract. 8.2 Contract Not Constituting Commitment of Funds or Site Approval. Notwithstanding any provision of this Contract, the Parties agree and acknowledge that this Contract does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by City of an authorization to use grant funds from HUD under 24 CFR Part 58. 8.3 Compliance with the Uniform Relocation Act. Developer shall comply with the relocation requirements of 24 CFR Part 92.353 and all other applicable federal and state laws and city ordinances and requirements. 8.4 Compliance with Davis-Bacon. If applicable, Developer will comply with the Davis-Bacon Act as described in Section 15.14 of this Contract. In order to monitor for compliance, Developer shall provide City access to employee payrolls, contractor and subcontractor payrolls and other wage information for persons performing construction of the Required Improvements. In addition, Developer shall ensure that City will have access to employees, contractors and subcontractors and their employees in order to conduct onsite interviews with laborers and mechanics. 8.5. Monitoring. 8.5.1 Developer understands and agrees that it will be subject to monitoring by City for compliance with the NSP Requirements for the duration of the Affordability NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc.—Beaty Street Page 12 Period and until the project is closed in HUD's IDIS system. Developer will provide reports and access to project files as requested by City during the Affordability Period and for five (5) years after closeout of this Contract in HUD's DRGR system, and will meet all the reporting requirements set out in this Contract. This Section shall survive the termination or expiration of this Contract. 8.5.2 City shall have access at all reasonable hours to the Developer's records that are related to the use of the NSP Funds, and its officers, directors, agents, employees, and contractors for the purpose of such monitoring. 8.5.3 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 Developer's compliance with the terms and conditions of this Contract, and of the adequacy and timeliness of Developer's performance under this Contract. After each monitoring visit, City shall provide Developer with a written report of the monitor's findings. If the monitoring report notes deficiencies in Developer's performance, the report shall include requirements for the timely correction of said deficiencies by Developer. Failure by Developer to take the action specified in the monitoring report may be cause for suspension or termination of this Contract as provided in Section 11. 8.6 Developer Procurement Standards. Developer shall establish procurement procedures to ensure that materials and services are obtained in a cost effective manner. When procuring services to be provided under this Contract, Developer shall comply at a minimum with the procurement standards at 24 CFR Part 84.40 through 24 CFR Part 84.48. 8.7 Cost Principles/Cost Reasonableness. Developer shall administer its use of NSP Funds in compliance with OMB Circular A-122, "Cost Principles for Non-Profit Organizations", as amended from time to time. The allowability of costs incurred for performance rendered shall be determined in accordance with OMB Circular A-122 as supplemented by the provisions of this Contract. 8.8 Terms Applicable to Contractors and Subcontractors. Developer understands and agrees that all terms of this Contract, whether regulatory or otherwise, shall apply to any and all contractors and subcontractors of Developer which are in any way paid with HOME Funds or who perform any work in connection with Developer's program. Contractor 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 it obligations hereunder. Developer shall monitor the services and work performed by its contractors and subcontractors on a regular basis for compliance with the HOME Regulations and Contract provisions. Developer is liable for all failure to perform and violations of the HOME Regulations by its contractors or subcontractors. City maintains the right to insist on Developer's full compliance with the terms of this Contract and Developer is responsible for such compliance regardless of whether actions taken to fulfill the requirements of this Contract are taken by Developer or by Developer's contractors or subcontractors. NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc. - Beaty Street Page 13 9. REPORTING AND DOCUMENTATION REQUIREMENTS. Developer 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, Developer will keep or cause to be kept an accurate record of all actions taken and all funds spent, with supporting and back-up documentation. 10. REIMBURSEMENT REQUIREMENTS. 10.1 With each reimbursement request, Developer shall provide City with the following reports and supporting documentation: 10.1.1 Exhibit "E" — Narrative Report. This report shall contain information detailing activities since last submitted reimbursement request. 10.1.2 Exhibit "G" - Request For Funds. This report shall contain the amount of funds requested for reimbursement and shall be signed by the authorized signatory of the Developer. 10.1.3 Exhibit "H" - Detail Statement of Costs. This report shall contain information regarding the current reimbursement request and cumulative balance and shall be signed by the authorized signatory of the Developer. 10.1.4 Exhibit "I" - Expenditures Worksheet. This report shall and shall be signed by the authorized signatory of the Developer and shall contain an itemized listing of all eligible expenses requested for reimbursement. In order for this report to be complete the following must be submitted: 10.1.4.1 Invoices for all expenses listed—the invoice must clearly show it pertains to the site described in the project description; 10.1.4.2 Proof that the expenses were paid by the Developer which can be satisfied by cancelled checks, wire transfers or other appropriate banking documentation; and 10.1.4.4 Lien releases as City reasonably determines necessary. The final reimbursement shall not be disbursed until all liens are released to City's satisfaction as evidenced by a title report and proof of Completion is provided. 10.1.5 Exhibit"J"- Davis Bacon Report. 10.2 The City retains the right to change reporting requirements and forms at its discretion. Upon such change, then the Parties shall execute an amendment to the NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc. - Beaty Street Page 14 Contract. 10.3 Withholding Payment. IF THE REQUIRED REPORTS AND APPROPRIATE SUPPORTING DOCUMENTATION ARE NOT RECEIVED BY THE DUE DATE, CITY SHALL WITHHOLD PAYMENTS REQUESTED UNDER THIS CONTRACT. Failure to submit required reports shall be an event of default. 11. DEFAULT AND TERMINATION. 11.1 Failure to Begin or Complete the Required Improvements 11.1.1 If Developer fails to begin construction, which for the purposes of this Contract shall be defined as substantial completion of the rehabilitation of the buildings as described on Exhibit "A" — Project Summary, within 12 months of the execution of this Contract, the Contract shall automatically terminate without further warning or opportunity to cure, and with no penalty or liability to City. 11.1.2 If City determines that the Required Improvements were not completed by the Completion Deadline, City shall have the right to terminate this Contract with no penalty or liability to City, with such termination to be effective immediately upon written notice. 11.2 Failure to Submit Required Documentation During Construction. If Developer fails to submit any report or provide documentation required by this Contract during construction of the Required Improvements as described in Section 10, or if the submitted report or documentation is not in compliance with this Contract or NSP Requirements as determined by City, City will notify Developer in writing and the Developer will have 15 calendar days from the date of the written notice to submit or resubmit any such report or documentation. If the Developer fails to submit or resubmit any such report or documentation within such time, City shall have the right to withhold payments or terminate this Contract effective immediately upon written notice of such intent with no penalty or liability to City. Notwithstanding anything to the contrary herein, City will not be required to pay any NSP Funds to Developer during the period that any report or documentation is past due or is not in compliance with this Contract or the NSP Requirements. In the event of termination under this Section 11.2, all NSP Funds awarded but unpaid to Developer pursuant to this Contract shall be immediately rescinded and Developer shall have no further right to such funds, and any NSP Funds already paid to Developer must be repaid to City within 30 days of the termination. Failure to repay such NSP Funds will result City exercising all legal remedies available to City under this Contract and the Loan Documents. 11.3 Failure to Submit Required Reports and Documentation During Operation. If Developer fails to submit any report or documentation required by this Contract after Required Improvements are completed, or if the submitted report or documentation is not in compliance with this Contract or the NSP Requirements as determined by City, NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc. —Beaty Street Page 15 City will notify Developer in writing and the Developer will have 15 calendar days from the date of the written notice to submit or resubmit any such report or documentation to City. If the Developer fails to 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 to City. 11.4 In General. Subject to Sections 11.1, 11.2, and 11.3 and unless specifically provided otherwise in this Contract, Developer shall be in default under this Contract if Developer breaches any term or condition of this Contract or any other Contract between City and Developer. In the event that such a breach remains uncured after 30 calendar days following written notice by City or, if Developer 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, as determined in City's sole discretion, to terminate this Contract effective immediately upon written notice of such intent to Developer, or to pursue any other legal remedies available to City to ensure compliance with this Contract and the Loan Documents. In the event of termination under this Section 11.4, all NSP Funds awarded but unpaid to Developer pursuant to this Contract shall be immediately rescinded and Developer shall have no further right to such funds. In the event NSP Funds have been paid to Developer, Developer agrees to repay them to City within 30 days of termination. . If such NSP Funds are not repaid to City within the 30 day period, City shall exercise all of its remedies under the Loan Documents including but not limited to foreclosure under the Deed of Trust. 11.5 No Funds Disbursed while in Breach. Developer understands and agrees that no NSP Funds will be paid to Developer until all defaults are cured to the satisfaction of City. 11.6 No Compensation After Date of Termination. In the event of termination, Developer shall not receive any compensation for work undertaken after the date of the termination. 11.7 Rights of City Not Affected. Termination shall not affect or terminate any of the existing rights of City against Developer, or which may thereafter accrue because of such default, and the foregoing provision shall be in addition to any and all other rights and remedies available to City under the law and Loan Documents including, but not limited to, compelling Developer to complete the Required Improvements in accordance with the terms of the Contract. Such termination does not terminate any applicable provisions of this Contract that have been expressly noted as surviving the term or termination of the Contract. 11.8 Waiver of Breach Not Waiver of Subsequent Breach. The waiver of a 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. NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc.—Beaty Street Page 16 11.9 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. 11.10 Termination for Cause. City may terminate this Contract in the event of Developer's default, subject to notice, grace and cure periods, inability, or failure to perform. Likewise, Developer may terminate this Contract if City does not provide the NSP Funds substantially in accordance with this Contract. 11.11 Termination for Convenience. In terminating in accordance with 24 C.F.R. 85.44, this Contract may be terminated in whole or in part only as follows: 11.11.1 By City with the consent of Developer 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 11.11.2 By the Developer upon written notification to City, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if, in the case of a partial termination, City determines that the remaining portion of the Contract to be performed or NSP Funds to be spent will not accomplish the purposes for which the Contract was made, City may terminate the Contract in its entirety. 11.12 Dissolution of Developer Terminates Contract. In the event Developer is dissolved or ceases to exist, all assets acquired with NSP Funds including cash, interest payments from loans or otherwise, all outstanding notes, mortgages or other security instruments used to secure NSP Funds, any accounts receivable attributable to the use of NSP Funds, and any real or personal property owned by Developer that was acquired or improved with NSP Funds shall automatically transfer to City and this Contract shall terminate. 12. REPAYMENT OF NSP FUNDS. All NSP Funds are subject to repayment in the event the project does not meet the requirements as set out in this Contract or in the NSP Requirements. 13. MATERIAL OWNERSHIP CHANGE. Subject to limited partnership transfers with City consent, if ownership of the Developer 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 Developer and failure to make such determination will constitute a waiver. In the event of termination under this Section 13, all NSP Funds awarded but unpaid to Developer pursuant to this Contract shall be immediately rescinded and NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc. —Beaty Street Page 17 Developer shall have no further right to such funds, and any NSP Funds already paid to Developer must be repaid to City within 30 days of the termination. 14. SURVIVAL. Any provision of this Contract that pertains to affordability, monitoring, tenant income eligibility, tenant rent and selection, tenant lease, record keeping and reports, and City Building Codes, ordinances and housing quality standards, as well as any applicable NSP requirements, and any default and enforcement provisions necessary to enforce such provisions, shall survive the termination of this Contract and shall be enforceable by City against Developer throughout the Affordability Period. 15. GENERAL PROVISIONS 15.1 Developer Independent Contractor. Developer shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Developer 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, tenants, licensees or invitees. 15.2 Doctrine of Respondeat Superior. The doctrine of respondeat superior shall not apply as between City and Developer, its officers, members, agents, servants, employees, contractors, tenants, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Developer. City does not have the legal right to control the details of the tasks performed hereunder by Developer, its officers, members, agents, employees, contractors, licensees or invitees. 15.3 Developer Property. City shall in no way be nor under any circumstances be responsible for any property belonging to Developer, its officers, members, agents, employees, contractors, tenants, licensees or invitees that may be lost, stolen or destroyed or in any way damaged and DEVELOPER 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, SAVE AND EXCEPT THOSE ARISING SOLELY OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY, ITS AGENTS OR EMPLOYEES. 15.4 Religious Organization. No portion of the NSP Funds shall be used in support of any sectarian or religious activity. In addition, there must be no religious or membership criteria for tenants of an NSP-funded property. 15.5 Audit. NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc. —Beaty Street Page 18 15.5.1 Entities that Expend $500,000 or more in Federal Funds Per Year. All non-federal entities that expend $500,000 or more in Federal funds within one year, regardless of the source of the Federal award, must submit to City an annual audit prepared in accordance with specific reference to OMB Circular A-133. The audit shall cover the Developer's fiscal years during which this Contract is in force. The audit must be prepared by an independent certified public accountant, be completed within 6 months following the end of the period being audited and be submitted to City within 30 days of its completion. Developer's audit certification is attached hereto as Exhibit "D" — "Audit Certification Form" and "Audit Requirements". The Audit Certification Form must be submitted to City within 60 days of the end of period being audited (Developer's fiscal year). Entities that expend less than $500,000 a year in Federal funds are exempt from Federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the Federal agency, City, and General Accounting Office. 15.5.2 City Reserves the Right to Audit. City reserves the right to perform an audit of Developer's project operations and finances at any time during the term of this Contract, if City determines that such audit is necessary for City's compliance with OMB Circular A-133, and Developer 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 Developer of such questioned practice or expenditure. If questions are not resolved within this period, City reserves the right to withhold further funding under this and/or future contract(s) with Developer. IF AS A RESULT OF ANY AUDIT IT IS DETERMINED THAT DEVELOPER HAS FALSIFIED ANY DOCUMENTATION OR MISUSED, MISAPPLIED OR MISAPPROPRIATED NSP FUNDS OR SPENT NSP FUNDS ON ANY INELIGIBLE ACTIVITIES, SUBJECT TO CURE TO THE EXTENT OF ANY NEGLIGENT ACTION, DEVELOPER 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. 15.6 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. 15.7 Governing Law. In any questions involving state law, for any action, whether real or asserted, at law or in equity, arising out of the execution, performance or non-performance of this Contract, in any issue not governed by federal law, the choice of law shall be the law from the State of Texas. 15.8 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 NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc. —Beaty Street Page 19 matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 15.9 Written Agreement Entire Agreement. This written instrument and the Exhibits attached hereto, which are incorporated by reference and made a part of this Contract for all purposes, constitutes the entire agreement by the Parties hereto concerning the work and services to be performed under this Contract. Any prior or contemporaneous oral or written agreement, which purports to vary the terms of this Contract, shall be void. Any amendments to the terms of this Contract must be in writing and must be executed by each Party to this Contract. 15.10. Paragraph Headings for Reference Only,No Legal Significance. 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. 15.11 Compliance With All Applicable Laws and Regulations. Developer 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. In addition to the NSP Requirements, those laws include,but are not limited to: ➢ HOME Investment Partnerships Act, 42 USC 12701 et seq ➢ Title I of the Housing and Community Development Act of 1974, 42 USC 5301 et seq ➢ 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.) and the related Executive Order 11738. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. ➢ Immigration Reform and Control Act of 1986 (8 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 NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc. —Beaty Street Page 20 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 ➢ Regulations at 24 CFR Part 92 Home Investments Partnership Program Final Rule Requirement that Law Be Quoted in Covered Contracts. — Certain Requirements Pertaining to Section 3 of the Housing and Urban Development Act of 1968 as amended (12 U.S.C. Sections 1701 et seq.) and its related regulations at 24 CFR Part 135 If the work performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that the following clause, shown in italics, be inserted in all covered contracts ("Section 3 Clause"): Section to be quoted in covered contracts begins: "A. The work to be performed under this contract is subject to the requirements of Section 3 of Housing and Urban Development Act of 1968, as amended, 12 U.S.C. section 1701 u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assisted or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low- and very-low income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representatives of the contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can seethe notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprentice and training positions, the NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc. -Beaty Street Page 21 qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees that it will include this Section 3 clause in every subcontract to comply with regulation in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 135. E. The contractor will certify that any vacant employment positions, including training positions that are filed: (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 135. F. Noncompliance with HUD's regulation in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act(25 U.S.C. section 450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii)preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 79b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). " Section to be quoted in covered contracts ends. City and Developer understand and agree that, if applicable to the Project, compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Project binding upon City and Developer, and their respective successors, assigns and the contractors. Failure to fulfill these requirements shall subject Developer and its contractors and their respective successors and assigns to those sanctions specified by the grant agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. 15.12 Prohibition Against Discrimination. 15.12.1 General Statements. Developer, in the execution, performance or attempted performance of this NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc.—Beaty Street Page 22 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. Developer 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 Developer permit its officers, members, agents, employees, 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 Developer hereby covenants and agrees that Developer, its officers, members, agents, employees 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 or contractors. 15.12.2 No Discrimination in Employment during the Performance of this Contract. During the performance of this Contract Developer agrees, and will require the following provision in all contracts with its contractors: f Contractor'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 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. Wontractor'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 Namel will, in all solicitations or advertisements for employees placed by or on behalf of [Contractor'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 Namel covenants that neither it nor any of its officers, members, agents, employees, Project participants or contractors, while engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc.—Beaty Street Page 23 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 Name] further covenants that neither it nor its officers, members, agents, employees, contractors, Project participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. 15.12.3 Developer's Contractors and ADA. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Developer 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 Developer or any of its contractors. DEVELOPER WARRANTS IT WILL FULLY COMPLY WITH ADA'S PROVISIONS AND ANY OTHER APPLICABLE FEDERAL, STATE AND LOCAL LAWS CONCERNING DISABILITY AND WILL DEFEND, INDEMNIFY AND HOLD CITY HARMLESS AGAINST ANY CLAIMS OR ALLEGATIONS ASSERTED BY THIRD PARTIES OR CONTRACTORS AGAINST CITY ARISING OUT OF DEVELOPER'S AND/OR ITS CONTRACTORS' ALLEGED FAILURE TO COMPLY WITH THE ABOVE-REFERENCED LAWS CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF THIS CONTRACT. 15.13. Prohibition Against Interest/Conflict of Interest. 15.13.1 Developer shall establish safeguards to prohibit its employees, board members, advisors and agents from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. Developer shall disclose to City any conflict of interest or potential conflict of interest described above, immediately upon discovery of such. 15.13.2 No persons who are employees, agents, consultants, officers or elected officials or appointed officials of City or of Developer who exercise or have exercised any functions or responsibilities with respect to activities assisted with NSP funds or who are in a position to participate in a decision-making process or gain inside information with regard to these activities may occupy a unit in the Required Improvements, may obtain a financial interest or benefit from a NSP-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. NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc. —Beaty Street Page 24 15.13.3 Developer affirms that it will adhere to the provisions of the Texas Penal Code which prohibits bribery and gifts to public servants. 15.13.4 In the procurement of property and services by Developer, the conflict of interest provisions of 24 CFR Part 85.36 and 24 CFR Part 84.42, respectively, shall apply. In all cases not governed by those sections, the provisions of 24 CFR Part 92.356 of the HOME Regulations shall apply. 15.14 Labor Standards. 15.14.1 As applicable, Developer agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 276a-7) as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Contract. Developer agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. Developer shall maintain documentation that demonstrates compliance with hour and wage requirements of this Contract and NSP Regulations. Such documentation shall be made available promptly to City for review upon request. 15.14.2 Developer agrees that, except with respect to the rehabilitation or construction of residential property containing less than 12 units assisted with NSP funds, all contractors engaged under contract for construction, renovation or repair work financed in whole or in part with assistance provided under this Contract, shall comply with Federal requirements adopted by City pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under these regulations are imposed by state or local law, nothing hereunder is intended to relieve Developer of its obligation, if any, to require payment of the higher wage. Developer shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 15.15 Minority and Women Business Enterprise Commitment. Developer agrees to abide by City's policy to involve Minority and Women Business Enterprises ("M/WBEs") in all phases of its procurement practices and to provide them equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by City. Therefore, Developer agrees to incorporate City Ordinance No. 15530, and all amendments or successor policies thereto, into all contracts and subcontracts and will further require all persons or entities with whom it contracts to comply with said ordinance. 15.16 Other Laws. The failure to list any federal, state or City ordinance, law or regulation that is applicable to Developer does not excuse or relieve Developer from the requirements or NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc. —Beaty Street Page 25 responsibilities in regard to following the law, nor from the consequences or penalties for Developer's failure to follow the law, if applicable. 15.17 Assignment. Developer 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. 15.18. Right to Inspect Contractor Contracts. It is agreed that City has the right to inspect and approve in writing any proposed contracts between Developer and any contractor engaged in any activity in conjunction with this NSP funded Project prior to any charges being incurred. 15.19 Force Majeure If Developer becomes unable, either in whole or part, to fulfill its obligations under this Agreement 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 such Developer'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. Developer 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. Developer will use commercially reasonable efforts to remedy its inability to perform as soon as possible. Failure to give notice will result in the continuance of the Developer's obligation regardless of the extent of any existing Force Majeure Event. 16. Indemnification and Release. DEVELOPER 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 DEVELOPER 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 NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc. —Beaty Street Page 26 WHATSOEVER HINDS 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. DEVELOPER 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 DEVELOPER, 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 DEVELOPER AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY BY DEVELOPER 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. DEVELOPER AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT NEGLIGENCE. DEVELOPER 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. 17. Waiver of Immunity by Developer. If Developer, 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, Developer 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. NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc.—Beaty Street Page 27 18. Insurance and Bonding. Developer will maintain blanket fidelity coverage in the form of insurance or bond in the amount of$30,000 to insure against loss from the fraud, theft or dishonesty of any of Developer's officers, agents, trustees, directors or employees. The proceeds of such bond shall be used to reimburse City for any and all loss of NSP Funds occasioned by such misconduct. To effectuate such reimbursement, such bond shall include a rider stating that reimbursement for any loss or losses thereunder shall be made directly to City for the use and benefit of Developer. Developer shall furnish to City, in a timely manner, but not later than 10 days after Developer has signed the Contract, certificates of insurance as proof that it has secured and paid for policies of commercial insurance as specified herein. Such insurance shall cover all insurable risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this Contract. Developer shall maintain, or require its general contractor to maintain, the following coverages and limits thereof: Commercial General Liability(CGL) Insurance $500,000 each occurrence $1,000,000 aggregate limit Business Automobile Liability Insurance $1,000,000 each accident on a combined single-limit basis, or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence $2,000,000 Aggregate Insurance policy shall be endorsed to cover"Any Auto" Pending availability of the above coverage and at the discretion of City, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of Developer'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. Developer or its contractors shall maintain coverages, if applicable. In the event the respective contractors do not maintain coverage, Developer shall maintain the coverage on such contractor, if applicable, for each applicable contract. NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc. —Beaty Street Page 28 Directors and Officers Insurance Optional (Highly Recommended) Note: This insurance shall cover Developer and any associated Board of Directors members. Additional Requirements Such insurance amounts shall be revised upward at City's reasonable option and no more frequently than once every 12 months, and Developer shall revise such amounts within thirty(30) days following notice to Developer of such requirements. Developer will submit to City documentation that it, and its general contractor, has obtained insurance coverage and has executed bonds as required in this Contract prior to payment of any monies provided hereunder. Each insurance policy shall be endorsed to provide City with a minimum sixty(60) days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. Insurance policies required herein shall be endorsed to include City as an additional insured as its interest may appear. Additional insured parties shall include employees, officers, agents, and volunteers of 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 Developer'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. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by City. In the event there are any local, federal or other regulatory insurance or bonding requirements for the Program, and such requirements exceed those specified herein, the former shall prevail. Developer shall require its contractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and, Developer shall require its contractors to provide Developer with certificate(s) of insurance documenting such coverage. Also, Developer shall require its contractors to have City and Developer endorsed as additional insureds (as their interest may appear) on their respective insurance policies. NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc.—Beaty Street Page 29 Developer shall require its builder to maintain builders risk insurance at the value of the construction. 19. Certification Regarding Lobbying. The undersigned representative of Developer hereby certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of Developer, 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, Developer shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certificate is a prerequisite for making or entering into this Contract imposed by 31 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. Developer shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of Federal funds. 20. Litigation and Claims Developer shall give City immediate notice in writing of any action, including any proceeding before an administrative agency, filed against Developer in conjunction with this Contract or the project. Developer shall furnish immediately to City copies of all pertinent papers received by Developer with respect to such action or claim. Developer shall provide a notice to City within 10 days upon filing under any bankruptcy or financial insolvency provision of law. 21. Notice. NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc.—Beaty Street Page 30 All notices required or permitted by this Contract must be in writing and are deemed delivered on the earlier date of the date actually received or the third day following (i) deposit in a United States Postal Service post office or receptacle; (ii) with proper postage, certified mail return receipt requested; and (iii) addressed to the other Party at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. City: City Attorney's Office 1000 Throckmorton Street Fort Worth, TX 76102 Attention: Vicki Ganske Telephone: 817-392-7765 Copy to: Director of Housing and Economic Development 1000 Throckmorton Street Fort Worth, TX 76102 Attention: Jay Chapa Telephone: 817-392-7540 Copy to: Project Coordinator 1000 Throckmorton Street Fort Worth, TX 76102 Attention: Robin Bentley Telephone: 817-392-6342 Developer: Tarrant County Housing Partnership, Inc. 3204 Collinsworth Fort Worth, TX 76107 Telephone: 817.924.5091 ext. 110 22. Developer Has Legal Authority to Enter Into Contract. Developer 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. 23. 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. (SIGNATURES APPEAR ON NEXT PAGE1 NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc. - Beaty Street Page 31 IN WITNESS WHEREOF, the Parties have executed four copies of this Contract in Fort Worth, Tarrant County, Texas, to be effective this 000- day of 2011 (the"Effective Date"). ATTEST: CITY O RT WORTH 1- By: \ajk, - City Secretary S san Tanis, Assistant City Manager M&C: G-9 4x -"6 Date: q- 4-1+J APP OVED O FORM AND LEGALITY: A sistanti City Attorn#y TARRANT COUNTY HOUSING PARTNERSHIP, INC., a Texas nonprofit corporation (---/fta744 — By: anNess, ident STATE OF TEXAS § COUNTY OF TARRANT § G) This instrument was acknowledged before me on l , 2011 by Susan Alanis, Assistant City Manager of the City of Fort rth, on behalf the City of Fort Worth. o % LINDA M.HIRRLINGER p My COMMISSION EXPIRES i Febury2,201a ota Public, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on by Donna VanNess, President of Tarrant County Housi rtn ship, Inc cti n e such corporation. .JAMES F LAWLER JR ar Pub ic, State of Texas Notary Public y STATE OF TEXAS 02/23/2014 OFFICIAL RE-CORD I CITY SECRETARY FT. WORTH, TX NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc. -Beaty Street Page 32 EXHIBITS: Exhibit"A"—Project Summary Exhibit"B"—Budget Exhibit"C"—Construction Schedule Exhibit"D"—Audit Certification Form and Audit Requirements Exhibit"E"—Narrative Report Exhibit"F"—Tenant Demographic Report Exhibit"G"—Request For Funds Exhibit"H"—Detail Statement of Costs Exhibit"I"—Expenditures Worksheet Exhibit"J"—Davis Bacon Report Exhibit"K"—Tenant Self Certification Form NSP DEVELOPER RENTAL CONTRACT Tarrant County Housing Partnership, Inc. —Beaty Street Page 33 EXHIBIT "A" PROJECT SUMMARY - SCOPE OF WORK TARRANT COUNTY HOUSING PARTNERSHIP, INC.—BEATY STREET DESCRIPTION: Tarrant County Housing Partnership, Inc. ("Developer") will acquire 10 multifamily buildings and 1 single family house in the 5500 block of Beaty Street, then rehabilitate and redevelop the 71 existing units into 66 units plus an office/community center (the "Project"). For the 15 year Affordability Period, the Project will be managed in compliance with this Contract and applicable provisions of all NSP Regulations governing rental projects. All non-HOME units in the Project will be affordable to households at or below 50% of Area Median Income ("AMI") as established by the United States Department of Housing and Urban Development("HUD"). NSP Funds- Exhibits R-t,,QtrPPt EXHIBIT "B" Sources and Uses COFW NSP COFW HOME COFW WAP** TCHP LOC TOTAL Acquisition $1,150,000 $1,150,000 Acquisition-Insurance-property liability,builder's risk $20,000 $20,000 Acquisition-Closing costs,extension/legal fees $118,801 $118,801 Acquisition-Asbestos Survey $6,125 $6,125 Acquisition-Lead Base Paint Testing $14,000 $14,000 Relocation Agent Fees $135,000 $135,000 Relocation Expenses(1 tenant) $15,000 $15,000 Architectural $8,360 $8,360 Rehab $170,841 $1,000,000 $248,750 $506,640 $1,926,231 Developer Fee 5%NSP* $84,988 $84,988 TOTAL $1,699,755 $1,000,000 $248,750 $530,000 $3,478,505 *$50,000 of Developer Fee to be paid upon closing of Beaty Street property, and the remainder to be paid when City has received from Developer all information required to close Project in IDIS and begin the Affordability Period. "Nothing in this Contract shall be construed as a commitment by the City to provide these funds. NSP Funds-Exhibits Beaty Street EXHIBIT "C" CONSTRUCTION SCHEDULE Beaty Street Activity PHASE I ACTIVITIES: Contract signed Lot Preparation(Demolition) Plumbing Foundation PHASE I completed by: April 1,2012 PHASE II ACTIVIITES: Framing/TPW Mechanicals/ Siding/Paint PHASE II completed by: August 1, 2012 PHASE III ACTIVIITES: Inspections/Insulation Sheetrock/Brick Interior Trim/Paint PHASE III completed by: December 1, 2012 PHASE IV ACTIVIITES: Flooring Mechanical Trim/Grading/ Landscaping Final Trim/Appliances and Fixtures/Fencing Final Inspections Punch List PHASE IV completed by: May 1, 2013 NSP Funds- Exhibits RPaty Qt—pt EXHIBIT "D" AUDIT REQUIREMENTS CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT AUDIT REQUIREMENTS Organizations expending $500,000 or more in federal awards (from City of Fort Worth and other funding sources) during their fiscal years shall obtain either an annual single audit or a program specific audit. Organizations may have a program specific audit in accordance with OMB Circular A-133, 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 Community 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. The following items should be submitted to the City of Fort Worth Housing and Economic Development Department within the required timeframe: NSP Funds-Exhibits R-t,,qt-pt 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 draw requests, suspension of the organization's contract(s) and eligibility for future funding. If the organization does not meet the requirements of having a single/program audit conducted, records must still be kept available for review or audit by City of Fort Worth staff(OMB A-133 Subpart B Sec 200(d). If additional information is needed concerning the audit requirements, please call (817) 392-6141. NSP Funds-Exhibits R-ty Ct,v t CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT SINGLE AUDIT REPORT CHECKLIST The Department developed this checklist to help organizations improve the quality and completeness of audit reports. General Purpose or Basic Financial Statements of the Organization Opinion/Report on Organization's Financial Statements in accordance with Government Auditing Standards Notes to the General Purpose or Basic Financial Statements of the Organization A Schedule of Expenditures of Federal Awards, including the Department's contract numbers, the total expended for the federal program, and the CFDA number(OMB A-133 Subpart C Sec 310). Opinion/Report on Schedule of Expenditures of Federal and State Awards Report on Compliance and on Internals Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards. (OMB A-133 § 505 (b)) Report on Compliance with Requirements Applicable to Each Major Program and Internal Control over Compliance in Accordance with OMB Circular A-133. (OMB A-133 § 505 (c)) Schedule of Findings and Questioned Costs (OMB A-133 §. 505d), including: Summary Schedule of Prior Audit Findings reporting the status of all findings included in the prior audit's schedule of findings and questioned costs. (OMB A-133 Sec. 315 (a) and (b)) Corrective Action Plan including (OMB A-133 Sec. 315 (c))name of person responsible for the corrective action, corrective action planned, anticipated completion date, and explanation and reason if auditee does not agree with findings or believes correction is not required. All reports are signed and dated by the auditor Two copies of the audit reports are submitted Two copies of the management letter, if issued in conjunction with the audit report. Two copies of comments by management concerning all findings and recommendations included in management letter, including a corrective action plan. NSP Funds-Exhibits R-t,,Qtrr t CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT Audit Certification Form Subrecipient: Fiscal Year Ending: Month Day Year ❑ We have exceeded the federal expenditure threshold of$500,000. We will have our Single Audit or Program Specific Audit completed and will submit the audit report within nine (9) months after the end of the audited fiscal year. ❑ We did not exceed the $500,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedule below) 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 Worth Housing and Economic Development Department within 60 days after the end of your Fiscal year NSP Funds- Exhibits RP'tv",tr-t EXHIBIT E NARRATIVE REPORT FROM: TO: Please provide information on project construction progress, the percent of construction completion, anticipated construction completion do*,and;construction problems encountered and solutions proposed. I. ACCOMPLISHMENTS: H. ADDITIONAL COMMENTS REGARDING ACCOMPLISHMENTS THIS MONTH: III. PROBLEMS ENCOUNTERED AND SOLUTIONS PROPOSED: IV. ANTICIPATED ACTIVITIES DURING NEXT MONTH: HOME Funds - Exhibits U A 3 o a Q a 0 WaO,,, as •° � � a x We � zsw Wzw � o N cq cq x O � 3 O zCAz = � 6 c O cn 0.. 3 E2 7 C cC E :n -9 ,fid '5 w 3aa ¢ ¢ z ¢ ¢ cocoo U EXHIBIT G CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT SUBRECEPIENT'S REIMBURSEMENT REQUEST FOR FUNDS Agency Program Name: Contract Number: Report Period: Date of Request: CASH BALANCE ANALYSIS FOR 1. Beginning Cash Balance $ 0.00 $ 0.00 2. Amount Received: Program Income $ 0.00 $ 0.00 City of Fort Worth $ 0.00 $ 0.00 Interest Earned $ 0.00 $ 0.00 3. Total Funds Available(1 +2) $ 0.00 $ 0.00 4. Less Expenditure(detail statement cost) $ 0.00 $ 0.00 5. ENDING CASH BALANCE (34) $ 0.00 $ 0.00 6. Estimated Expenditures $ n/a 7. Funds Needed(6-5) (Actual Feb Expenses) $ 0.00 8. Less Estimated Program Income $ 0.00 9. Unpaid Request for Payment Previously Submitted $ 0.00 10.Amount of This Request(7-8 &9) $ 0.00 n w I. MARS-Purchasing Request A. MARS INPUT: Vendor/PO Number/Requisition Number B. Fund/Account/Center C. Total Amount of this Request 1. Verification A. Project Coordinator: e"Hun B. Compliance: Barbara Asbury C. Accounting: -ph. I h- 2. Authorization A. Sr.Admin.Srvices: OCORO ray B. Community Dev.Manager Robin Brntky C.Housing Director IF OVER 58,500.00 Jus"Jay"Chapa EXHIBIT i CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT MANAGEMENT AND BUDGET DIVISION EXPENDITURES WORKSHEET CONTRACT NO. DATE AGENCY TO PROGRAM REPORT PERIOD CHECK NO. DATE # PAYEE DESCRIPTION ACCOUNT NO. AMOUNT l 2 3 4 5 6 7 8 9 10 11 12 131 14 15 16 17 18 19 20 21 22 23 24 25 TOTAL - Sub-Contractors Certification: l certify that the costs incurred are taken from the books of accounts and that such costs are valid and consistent with the terms of the agreement. NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE EXHIBIT H CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT MANAGEMENT AND BUDGET DIVISION DETAIL STATEMENT OF COSTS CONTRACT NO. DATE AGENCY TO PROGRAM REPORT PERIOD PROGRAM MONTHLY CUMULATIVE COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE CONTRACTUAL SERVICES Contractual Services TOTAL - - - - Sub-Contractors Certification: I certify that the costs incurred are taken from the books of accounts and that such costs are valid and consistent with the terms of the agreement. NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE Federal Labor Standards Provisions U.S.Department of Housing and Urban Development Office of Labor Relations Applicability (1) The work to be performed by the classification The Project or Program to which the construction work requested is not performed by a classification In the wage covered by this contract pertains is being assisted by the determination; and United States of America and the following Federal Labor (2) The classification is utilized in the area by the Standards Provisions are included in this Contract construction industry; and pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fide assistance. fringe benefits, bears a reasonable relationship to the A. 1. (1) Minimum Wages. All laborers and mechanics wage rates contained in the wage determination. employed or working upon the site of the work, will be paid (b) If the contractor and the laborers and mechanics to be unconditionally and not less often than once a week, and employed in the classification (if known), or their without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the (except such payroll deductions as are permitted by classification and wage rate (including the amount regulations issued by the Secretary of Labor under the designated for fringe benefits where appropriate), a report Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or its designee to and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division, due at time of payment computed at rates not less than Employment Standards Administration, U.S. Department of those contained in the wage determination of the Labor, Washington, D.C. 20210. The Administrator, or an Secretary of Labor which is attached hereto and made a authorized representative, will approve, modify, or part hereof, regardless of any contractual relationship disapprove every additional classification action within 30 which may be alleged to exist between the contractor and days of receipt and so advise HUD or its designee or will such laborers and mechanics. Contributions made or notify HUD or its designee within the 30-day period that costs reasonably anticipated for bona fide fringe benefits additional time is necessary. (Approved by the Office of under Section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215- laborers or mechanics are considered wages paid to such 0140.) laborers or mechanics, subject to the provisions of 29 CFR (c) In the event the contractor, the laborers or mechanics 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often to be employed in the classification or their than quarterly) under plans, funds, or programs, which representatives, and HUD or its designee do not agree on cover the particular weekly period, are deemed to be the proposed classification and wage rate (including the constructively made or incurred during such weekly period. amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including Such laborers and mechanics shall be paid the appropriate the views of all interested parties and the recommendation wage rate and fringe benefits on the wage determination of HUD or its designee, to the Administrator for for the classification of work actually performed, without determination. The Administrator, or an authorized regard to skill, except as provided in 29 CFR 5.5(a)(4), representative, will issue a determination within 30 days of Laborers or mechanics performing work in more than one receipt and so advise HUD or its designee or will notify classification may be compensated at the rate specified for HUD or its designee within the 30-day period that each classification for the time actually worked therein: additional time is necessary. (Approved by the Office of Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number set forth the time spent in each classification in which 1215-0140.) work is performed. The wage determination (including any d Tha additional classification and wage rates conformed under ( ) e wage rate (including fringe benefits where 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- appropriate) determined pursuant to subparagraphs 1321) shall be posted at all times by the contractor and its workers or (c) of this paragraph, shall be paid r all w subcontractors at the site of the work in a prominent and workers performing work in the classification under this accessible, place where it can be easily seen by the contract from the first day on which work is performed in workers. the classification. (II) (a) Any class of laborers or mechanics which is not (III) Whenever the minimum wage rate prescribed in the listed in the wage determination and which is to be contract for a class of laborers or mechanics includes a employed under the contract shall be classified in fringe benefit which is not expressed as an hourly rate, the conformance with the wage determination. HUD shall contractor shall either pay the benefit as stated in the approve an additional classification and wage rate and wage determination or shall pay another bona fide fringe fringe benefits therefor only when the following criteria benefit or an hourly cash equivalent thereof have been met: (Iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD-4010(06/2009) Previous editions are obsolete Page 1 of 5 ref Handbook 1344 1 of the wages of any laborer or mechanic the amount of any communicated in writing to the laborers or mechanics costs reasonably anticipated in providing bona fide fringe affected, and records which show the costs anticipated or benefits under a plan or program, Provided, That the the actual cost incurred in providing such benefits. Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the Bacon Act have been met. The Secretary of Labor may registration of apprenticeship programs and certification of require the contractor to set aside in a separate account trainee programs, the registration of the apprentices and assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed in the program. (Approved by the Office of Management and applicable programs. (Approved by the Office of Budget under OMB Control Number 1215-0140.) Management and Budget under OMB Control Numbers 2. Withholding. HUD or its designee shall upon its own 1215-0140 and 1215-0017.) action or upon written request of an authorized (II) (a) The contractor shall submit weekly for each week representative of the Department of Labor withhold or in which any contract work is performed a copy of all cause to be withheld from the contractor under this payrolls to HUD or its designee if the agency is a party to contract or any other Federal contract with the same prime the contract, but if the agency is not such a party, the contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant subject to Davis-Bacon prevailing wage requirements, sponsor, or owner, as the case may be, for transmission to which is held by the same prime contractor so much of the HUD or its designee. The payrolls submitted shall set out accrued payments or advances as may be considered accurately and completely all of the information required necessary to pay laborers and mechanics, including to be maintained under 29 CFR 5.5(a)(3)(i) except that full apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be contractor or any subcontractor the full amount of wages included on weekly transmittals. Instead the payrolls shall required by the contract In the event of failure to pay any only need to include an individually identifying number for laborer or mechanic, including any apprentice, trainee or each employee (e.g.. the last four digits of the employee's helper, employed or working on the site of the work, all or social security number). The required weekly payroll part of the wages required by the contract, HUD or its information may be submitted in any form desired. designee may, after written notice to the contractor, Optional Form WH-347 is available for this purpose from sponsor, applicant, or owner, take such action as may be the Wage and Hour Division Web site at necessary to cause the suspension of any further htto://www.dol.goy/esa/whd/formslwh347instr.htm or its payment, advance, or guarantee of funds until such successor site. The prime contractor is responsible for violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors. written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full withheld for and on account of the contractor or social security number and current address of each subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to are due. The Comptroller General shall make such HUD or its designee if the agency is a party to the disbursements in the case of direct Davis-Bacon Act contract, but if the agency is not such a party, the contracts. contractor will submit the payrolls to the applicant 3. (1) Payrolls and basic records. Payrolls and basic sponsor, or owner, as the case may be, for transmission to records relating thereto shall be maintained by the HUD or its designee, the contractor, or the Wage and Hour contractor during the course of the work preserved for a Division of the Department of Labor for purposes of an period of three years thereafter for all laborers and investigation or audit of compliance with prevailing wage mechanics working at the site of the work. Such records requirements. It is not a violation of this subparagraph for shall contain the name, address. and social security a prime contractor to require a subcontractor to provide number of each such worker, his or her correct addresses and social security numbers to the prime classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submission of contributions or costs anticipated for bona fide fringe to HUD or its designee. (Approved by the Office of benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number in Section I(b)(2)(B) of the Davis-bacon Act), daily and 1215-0149.) weekly number of hours worked. deductions made and (b) Each payroll submitted shall be accompanied by a actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic include the amount of any costs the payment of the persons employed under the contract reasonably anticipated in providing benefits under a plan and shall certify the following: or program described in Section I(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5 show that the commitment to provide such benefits is enforceable, that the plan or program is financially (a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i). and that such information is responsible, and that the plan or program has been correct and complete, Previous editions are obsolete form HUD-4010(06/2009) Page 2 of 5 ref.Handbook 1344 1 (2) That each laborer or mechanic (including each helper, is not registered or otherwise employed as stated above, apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the the payroll period has been paid the full weekly wages wage determination for the classification of work actually earned, without rebate, either directly or indirectly, and performed. In addition, any apprentice performing work on that no deductions have been made either directly or the job site in excess of the ratio permitted under the indirectly from the full wages earned, other than registered program shall be paid not less than the permissible deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage determination for the (3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that in equivalents for the classification of work performed, as which its program is registered, the ratios and wage rates specified in the applicable wage determination (expressed in percentages of the journeyman's hourly incorporated into the contract. rate) specified in the contractor's or subcontractor's (c) The weekly submission of a properly executed registered program shall be observed. Every apprentice specified in the certification set forth on the reverse side of Optional Form registered program for the apprentice's level must be paid at not less than the rate specif progress, WH-347 shall satisfy the requirement for submission of the expressed as a percentage of the journeymen hourly rate "Statement of Compliance" required by subparagraph A.3.(ii)(b). specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance (d) The falsification of any of the above certifications may with the provisions of the apprenticeship program. If the subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits, prosecution under Section 1001 of Title 18 and Section apprentices must be paid the full amount of fringe benefits 23t of Title 31 of the United States Code. listed on the wage determination for the applicable (III) The contractor or subcontractor shall make the classification. If the Administrator determines that a records required under subparagraph A.3.(i) available for different practice prevails for the applicable apprentice inspection, copying, or transcription by authorized classification, fringes shall be paid in accordance with that representatives of HUD or its designee or the Department determination. In the event the Office of Apprenticeship of Labor, and shall permit such representatives to Training, Employer and Labor Services, or a State interview employees during working hours on the job. If Apprenticeship Agency recognized by the Office, the contractor or subcontractor fails to submit the required withdraws approval of an apprenticeship program, the records or to make them available, HUD or its designee contractor will no longer be permitted to utilize may, after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate applicant or owner, take such action as may be necessary for the work performed until an acceptable program is to cause the suspension of any further payment, advance, approved. or guarantee of funds. Furthermore, failure to submit the (11) Trainees. Except as provided in 29 CFR 5.16, required records upon request or to make such records trainees will not be permitted to work at less than the available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they are 29 CFR 5.12. employed pursuant ',to and individually registered in a 4. Apprentices and Trainees. program which has received prior approval, evidenced by (1) Apprentices. Apprentices will be permitted to work at formal certification by the U.S. Department of Labor, less than the predetermined rate for the work they Employment and Training Administration. The ratio of performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater individual) registered in a bona fide a than permitted under the plan approved by the Y 9 apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee Employment and Training Administration, Office of must be paid at not less than the rate specified in the Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress, with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate Office, or if a person is employed in his or her first 90 specified in the applicable wage determination. Trainees days of probationary employment as an apprentice in such shall be paid fringe benefits in accordance with the an apprenticeship program, who is not individually provisions of the trainee program. If the trainee program registered in the program, but who has been certified by does not mention fringe benefits. trainees shall be paid the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and appropriate) to be eligible for probationary employment as Hour Division determines that there is an apprenticeship an apprentice. The allowable ratio of apprentices to program associated with the corresponding journeyman journeymen on the job site in any craft classification shall wage rate on the wage determination which provides for not be greater than the ratio permitted to the contractor as less than full fringe benefits for apprentices. Any to the entire work force under the registered program. Any employee listed on the payroll at a trainee rate who is not worker listed on a payroll at an apprentice wage rate, who registered and participating in a training plan approved by Previous editions are obsolete form HUD-4010(0612009) Page 3 of 5 ref Handbook 1344 1 the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24. determination for the work actually performed. In addition, (II) No part of this contract shall be subcontracted to any any trainee performing work on the job site in excess of person or firm ineligible for award of a Government the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or determination for the work actually performed. In the participate in HUD programs pursuant to 24 CFR Part 24. event the Employment and Training Administration withdraws approval of a training program, the contractor t The penalty for making false statements is prescribed in will no longer be permitted to utilize trainees at less than n the U.S. Criminal Code, 18 U.S.C. 1001. Additionally. the applicable predetermined rate for the work performed U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., until an acceptable program is approved. "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of . . . influencing in any (111) Equal employment opportunity. The utilization of way the action of such Administration..... makes, utters or apprentices, trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false..... shall be in conformity with the equal employment shall be fined not more than $5,000 or imprisoned not opportunity requirements of Executive Order 11246, as more than two years, or both." amended, and 29 CFR Part 30, 11. Complaints, Proceedings, or Testimony by 5. Compliance with Copeland Act requirements. The Employees. No laborer or mechanic to whom the wage, contractor shall comply with the requirements of 29 CFR salary, or other labor standards provisions of this Contract Part 3 which are incorporated by reference in this contract are applicable shall be discharged or in any other manner 6. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any insert in any subcontracts the clauses contained in subcontractor because such employee has filed any subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be instituted any other clauses as HUD or its designee may by appropriate proceeding or has testified or is about to testify in any instructions require, and a copy of the applicable proceeding under or relating to the labor standards prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer. subcontractors to include these clauses in any lower tier B. Contract Work Hours and Safety Standards Act. The subcontracts. The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the for the compliance by any subcontractor or lower tier prime contract exceeds $100,000. As used in this paragraph, the subcontractor with all the contract clauses in this terms"laborers"and"mechanics"include watchmen and guards. paragraph. 7. Contract termination; debarment. A breach of the (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or contract clauses in 29 CFR 5.5 may be grounds for involve the employment of laborers or mechanics shall require or termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in 5.12. such workweek unless such laborer or mechanic receives S. Compliance with Davis-Bacon and Related Act Requirements. compensation at a rate not less than one and one-half times the basic All rulings and interpretations of the Davis-Bacon and rate of pay for all hours worked in excess of 40 hours in such Related Acts contained in 29 CFR Parts 1, 3, and 5 are workweek. herein incorporated by reference in this contract (2) Violation; liability for unpaid wages; liquidated 8. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause set arising out of the labor standards provisions of this forth in subparagraph (1) of this paragraph, the contractor contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable clause of this contract. Such disputes shall be resolved in for the unpaid wages. In addition, such contractor and accordance with the procedures of the Department of subcontractor shall be liable to the United States (in the Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes case of work done under contract for the District of within the meaning of this clause include disputes between Columbia or a territory, to such District or to such the contractor (or any of its subcontractors) and HUD or territory), for liquidated damages. Such liquidated its designee, the U.S Department of Labor, or the damages shall be computed with respect to each individual employees or their representatives. laborer or mechanic, including watchmen and guards. 10. (1) Certification of Eliglblllty. By entering into this employed in violation of the clause set forth in contract the contractor certifies that neither it (nor he or subparagraph (1) of this paragraph, in the sum of$10 for each she) nor any person or firm who has an interest in the calendar day on which such individual was required or permitted to contractor's firm is a person or firm ineligible to be work in excess of the standard workweek of 40 hours without payment awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth in sub the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph (1) of this paragraph. Previous editions are obsolete form HUD-4010(0612009) Page 4 of 5 ref Handbook 1344 1 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which Is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert In any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amourd of the prime contract exceeds$100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et sea. (3) The contractor shall include the provisions of this paragraph In every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete form HUD-4010(06/2009) Page 5 of 5 ref.Handbook 1344.1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/14/2010 DATE: Tuesday, September 14, 2010 REFERENCE NO.: C-24455 LOG NAME: 17BEATY STREET APARTMENTS—ADDITIONAL FUNDING SUBJECT: Conduct a Public Hearing and Authorize a Change in Use and Expenditure of an Additional $339,500.00 of Neighborhood Stabilization Program Funds to the Tarrant County Housing Partnership for a Total of $1,699,755.00 for the Acquisition and Development of the Beaty Street Apartments Located in the 5500 Block of Beaty Street(COUNCIL,DISTRICT 8) RECOMMENDATION: DISCUSSION: } x9 �t f t r 5.. i t J 1 11FATR,=11 • 1 1 1. 1� 1 • 11 1.1 ► . ' 1 1 1• 1 1 • 111.1 / ► 1\11 1 OT&WOO 1 1 1 1 1 1 . 1 ' 1 • 1 . 111 • I • 1 .•. . y Additional Information Contact: Ryan Haden (7329) ATTACHMENTS 1. available fund.PDF