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HomeMy WebLinkAboutContract 26690CITY SECRETq�y CONTRqCT N� � � C1Q STATE OF TEXAS � COUNTY OF TARRANT � THIS contract is made and entered into by and between the City of Fort Worth ("City"), acting by and through Libby Watson, its duly authorized Assistant City Manager, and Community Enrichment Center, Inc. ("Contractor"), by and th�•ough Randy Clinton, its duly authorized Executive Director. Contractor's business address is 625 N.E. Loop 820, Fort Worth, Texas 76180. WHEREAS, the City of Fort Worth has received grant inonies from the United States Department of Housing and Urban Development ("HUD") through the Home Investment Partnerships Program ("HOME"), Program No. M-00-MC-480204, with which the City desires to promote activities that expand the supply of affordable housing and the development of partnerships among the City, local governments, local lenders, private industiy and neighborhood based, nonprofit housing organizations; and WHEREAS, the primary purpose of the HOME program pursuant to the National Affordable Housing Act of 1990 ("NAHA") and 24 CFR 92, ("the Regulations") is to benefit low and very-low income citizens by providing them with affordable housing; and WHEREAS, Community Enrichment Center, Inc., a nonprofit corporation managed by a volunteer Board of Directors, is worlcing to increase the number of decent, affordable rental housing units available to low and very-low income persons; and WHEREAS, the citizens and the City Council of Fort Worth have determined that affordable transitional rental housing is needed by low and very-low income citizens of Fort Worth; NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: 1 GENERAL PROVISIONS 1.1 Puipose 1.1.1 The express purpose of this agreement is to provide Contractor with HOME funds not to exceed Fifty Thousand Dollars, ($50,000.00), for administration of Contractor's operations to develop a mixed income, multi-family housing project affordable to low income individuals with some of the units to be set aside for transitional housing for low and very low income persons (Program), in accordance with E�Zibit A-"Program Summary". 1.1.2 The City hereby certifies that Contractor is a Coinmunity Housing Developinent Page 1 'u��G���,�0��!,,� r����� �� �r�y7 � ��: C l�hf CN�':; U;�151L�;1JS I� �.�,,.:. � � �� ����.��� i�r��Gi�P ���`Jn�SA � � ����!�: i Organization (CHDO) and must act as a owner, developer or sponsor of the housing as defined by HUD. The CHDO is a"owner" when it has control of the project, as evidenced by legal title or a valid contract of sale. A CHDO is a"developer" when it owns property or has the contractual obligation to a property o�vner to either obtain financing, rehabilitate or construct and transfer title of the property and the HOME deferred payinent loan obligations from the owner to a HOME-qualified homebuyer within a specified timeframe. A CHDO is a"sponsor" when the CHDO owns and rehabilitates a property and transfers title and the HOME deferred payment loan obligations and recapture requirements to a HOME-qualified homebuyer within a specified timeframe. 1.1.3 The City shall act through its agent, the City Manager, or his duly authorized representative, unless otherwise stated in this agreement. Contractor agrees to comply �vith the uniform administrative requirements contained in Section 92.505 of the HOME regulations. In addition, Contractor must comply .with the project requirements stated in Subpart F of the Regulations. 1.2 Duration 1.2.1 This Contract begins on the date of execution and ends twelve months thereafter. The contract may be extended for one (1) one-year term. Contractor shall request the extension in writing and submit the request to the City sixty (60) days prior to the end o,�� the contract. The City may then approve the eYtension of the contract for another year. It is specifically understood that it is the City's sole discretion whether to approve or deny the request. 1.3 Independent Contractor 1.3.1 Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Contractor shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons perforining same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, program participants, licensees or invitee. The doctrine of respondeat superior shall not apply as between City and Contractor, its officers, members, agents, servants, employees, subcontractors, program .participants, licensees or invitee, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is expressly understood and agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of the Contractor, nor any program participant hereunder, is in the paid service of City and that City does not have the legal right to control the details of the tasks performed hereunder by Contractor, its officers, menibers, agents, employees, subcontractors, program participants, licensees or invitee. Page 2 _ ._-_______� , !���L�'i�U�� V�!hs I��.'r��U�'(��i ;' �_��- �� �:� �� ll ' � ������,.li,� �;`��(1G9� �'vy U N b•.,., 1',�'�� p j ._�����. ����`�������i�fj�� ���iU�O � Vi. � �. U'J �.•r � p 1.3.2 City shall in no way nor under any circumstances be responsible for any property belonging to Contractor, its officers, members, agents, employees, subcontractors, program participants, licensees ar invitee, which may be lost, stolen, destroyed or in any way damaged; and contractor hereby indemnifies and holds harmless City and its officers, agents, and employees from and against any and all claims or suits. 1.4 Terinination 1.4.1 This contract may be terminated by the City in the event of default, inability, or failure to perform on the part of Contractor, or whenever such termination is determined by the City to be in the City's best interest. Lilcewise, the contract inay be terminated by Contractor if the City does not provide funds pursuant to this agreement. The contract inay be tei•minated for mutual convenience upon agreeinent of the parties. 1.4.2 The parties acicnowledge that HOME funds paid hereunder are intended to provide only partial funding for Contractor's program operations. If non-HOME funds in the Operating Budget are not forthcoming to Contractor during the contract term, City may terininate this contract. 1.4.3 City shall notify the Contractor in writing of any breach of this contract, and specify a reasonable time within which to cure the particular breach. After being notified of such non-material breach, if Contractar fails to cure the non-material breach within the time stated in the notice, this contract shall automatically terininate at the expiration of the stated time allowed for cure. 1.4.4 Contractor shall return to City any unused monies previously distributed under this contract within thirty (30) days of the effective date of contract termination. City will have no responsibility or liability for Contractor's expenditures or actions occurring after the effective date of the contract termination. 1.5 Venue 1.5.1 Should any action, whether real or assei-ted, at law or in equity, arise out of the execution, performance, attempted performance or non-performance of this agreernent, venue for said action shall be in Tarrant County, Texas. 1.6 Written Instrument is Entire Agreement 1.6.1 All terms of this contract shall apply to any and all subcontractors of Contractor which are in any way paid with HOME funds ar who perform any worlc in com�ection with Contractor's Program. 1.6.2 The provisions of this agreement are severable, and, if for any reason a clause, Page 3 ':;���i�il��:���' ��' (�° �G����� �_� 1-L , ����; , ; � a��� ����cr;�c�� � �i � U� �� � u"u � �1�, � a `I I',�:.�.� r,r� U l5' v " �F C; ir 4 v i�l�o l�J�'�i:�'h�p sentence, paragraph or other part of this agreement shall be determined to be invalid by a court or federal or state agency, board ar commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 1.6.3 The failure of the City to insist upon the performance of any term or provision of this agreement ar to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the City's right to assert or rely upon any such term or right on any future occasion. 1.6.4 This written instrument and the exhibits attached hereto, which are incorporated by reference and made a part of this contract for all purposes, constitutes the entire contract by the parties hereto concerning the worlc and services to be perforined under this contract. Any prior or contemporaneous oral or written agreement which purports to vary the terms of this contract shall be void. Any amendments to the terms of this contract must be in writing and must be approved by each party to this contract. 1.7 Paragraph Headings 1.7.1 The paragraph headings contained herein are for convenience in reference to this contract and are not intended to define or to limit the scope of any provision of this contract. 2 DUTIES AND RESPONSIBILITIES OF CITY 2.1 Disbursement of Funds 2.1.1 The City will furnish federal grant funds, (United States Department of Housing and Urban Developinent HOME Investment Partnerships Program No. M-00- MC-480204) for use as stated herein. The City will monitar the use of such funds to ei�sure appropriate use of the funds. Funds shall be disbursed after execution of this contract and in compliance with the provisions therein. Disbursernents froin the HOME account will be on a reimbursement basis to cover administrative expenses and will require completion of: (1) Attachment I"Request For Funds" forin, (2) Attaclunent II "Detail Statement of Costs" and (3) Attachment III "Expenditure Worlcsheet". 2.1.2 No funds will be reimbursed if financial reports accounting far the funds expended are not received. 2.2 Amount of Funds 2.2.1 It is agreed that the total distribution of federal grant funds made available to or paid on behalf of Contractor, during the term of this contract shall not exceed the total Page 4 �, l',9�1����� �ln':�� i'�� GUr�� r r � �;:� �l�'�' ��[�':_� �'�� �r;a ��1i''1 l�`'!� t'i'':r�''.r'!IJ�p �l'���o suin of Fifty Thousand Dollars, ($50,000.00) for specific administrative needs of Contractor in accordance with Exhibit B-"Prograin Budget". 2,2,2 Contractor may provide additional HOME funds to Contractor within twenty-four (24) months after the execution of this contract as specified in Section 92.300 (e) of the HOME regulations for affordable housing activities to low and very-low income people. 3 DUTIES AND RESPONSIBILITIES OF CONTRACTOR 3.1 Statement of Worlc, Budget and Time Line for Goals and Expenditures 3.1.1 Contractor will utilize HOME funds provided under this contract to assist certain of its operating expenses to promote the development of Contractor and its efforts to produce affordable housing for low and very-low income families, as defined in Paragraph 1.1.2, above. HOME funds may only be used to provide Contractor funding for activities which are eligible and allowable expenditures pursuant to HOME regulations specified in Section 92.208. The operating expenses are described more specifically in E�ibit B. ;,1,2 By the end of the contract period, the Contractor shall complete or subinit evidence of the followinga • Board Resolution(s) or minutes approving CHDO geographic boundaries for housing programs • Evidence of control of the site(s) of the proposed housing project, e.g., option to buy, title, etc. • Evidence of appropriate zoning of the site for the proposed housing project • Marlceting study • Development budget • Plans and specifications . Written constz-uction quote from the builder . Qualifications and track record of proposed builder(s) and other subcontractors, including proof of insurance and worlcers' comp coverage • Letter of commitment from any permanent financing lender • Proforma for the first five years • Supportive services and providers . Plans for marlceting and outreach, qualifications and intalce of renters • Compliance with terms of affordability • Coinpliance with other specific HUD requirements for the proposed project, e.g., neighborhood and site standards for new inulti-family project, etc. Page 5 �sI �a� �rr��( �� �6L; rnl -- � ��.�.�III L��'L,^�tr,!�� ��; �`��I`�I���I,'1 �l� �� il ll/ ��L���.�})��l`I�'�R�� �. i� G� �- �:` !�% �� � L i [ ,r�f;= r, ��� �j j�Iy� s li '�� C+u'� )�V'�J JUp U ��'��d 3.1.3 The funds provided under this contract are provided with the understanding that if Contractor has not already received development funds then the Contractor will apply for HOME project funding within a twenty-four (24) month period from the date of Contract execution through HOME funded programs available at the time of its application. Funding of the application will be conditioned upon the availability of funds at the tiine of application, quality of its request, and the applicability of its funding request to existing HOME funded programs. This contract does not establish a binding legal commitment on the part of the City to provide HOME project funds to Contractor. 3.2 Budget 3.2.1 Contractor agrees that the HOME funds will be expended in accordance with Exhibit B. No change shall be made without prior written approval of the City. Under no circumstances shall the total ainount of prograin funds expended by Contractor from fiinds paid by the City exceed Fifty Thousand Dollai•s, ($50,000.00). 3.2.2 The funds from the City may be spent only to pay for actual expenses for program administration. 3.3 Time Line for Goals and Expenditures 3.3.1 Contractor will work in accordance with Exhibit C"Program Time Line", and ensure that program goals and expenditures correspond with the completion of the Program. Performance of the activities and expenditures for which payment is authorized on Exhibits A and B will be deemed completed when approved by the City. 3.4 Reversion of Assets 3.4.1 Contractor agrees to return to the City any HOME funds remaining on hand at the end of the contract. Repayinents, interest and other returns on investment attributable to HOME funds may be retained by the Contractor for the operation of the program for the duration of the contract. If repayments, interest or other returns on investinent attributable to HOME funds are received after the term of this contract, they shall be returned to the City to be deposited in the City's local HOME account in accordance with Sections 92.503 (b) and 92.504 (c) (3) of the HOME regulations. 3.5 Accounting, Records and Reports 3.5.1 Contractor will establish and maintain an accounting systein using uniform and established principles of standard accounting in accordance with Paragraph 3.6, for the documenting and controlling the expenditure of HOME fitnds used in the pursuit of Pi�ogram objectives to be performed in this contract. ,-�4 �(� �} Page 6 �;���J�'U����I���I� U'l5�`^V c�D � 5 � r` -- r�' � ��� ��C���: G?� ����G?� � � R� ^ �c�i 1 � i?`Vo �"u��:.�7��:l�l�Q�� b 3.5.2 ALL HOME FUNDS, AS DISTRIBUTED TO CONTRACTOR, WILL BE IMMEDIATELY DEPOSITED BY CONTRACTOR IN A LOCAL, FEDERALLY- INSURED, INTEREST BEARING BANK CHECKING ACCOUNT, AND THEREAFTER DISBURSED BY CHECK BY CONTRACTOR FOR THE PURPOSES ALLOWED UNDER THIS CONTRACT ("ALLOWABLE COSTS" HEREINAFTER DEFINED). ONLY HOME FUNDS WILL BE DEPOSITED TO THIS ACCOUNT AND NO OTHER FUNDS WILL BE COMMINGLED WITH THIS ACCOUNT. THE CITY SHALL HAVE ACCESS TO THE RECORDS RELATING TO THIS ACCOUNT FOR PURPOSES OF AUDITING CONTRACTOR'S EXPENDITURES OF THE CITY GRANT, AND CONTRACTOR WILL SO ADVISE APPROPRIATE BANK OFFICIALS. 3.5.3 Contractor will only use HOME funds received to defray expenditures which are: (1) made in conformance with the specified purposes set out in Exhibit A and all other provisions of this Contract; (2) necessary to accoinplish the Program objectives; (3) reasonable in amount of goods and services purchased; (4) actual net costs to the Contractor (i.e., the price paid minus any refunds, rebates, discounts or any other items of value received by Contractor that have the effect of reducing the cost actually incurred) (5) incurred after execution of this Contract unless specific authorization from the City to the contrary is received; (6) satisfactorily documented; and (7) treated uniformly and consistently under the accounting system established by Contractor for these purposes. 3.5.4 All costs defrayed from HOME funds will be supported by properly executed checics, orders, payrolls, time records, invoices, contracts, vouchers, or other accounting documents evidencing in detail the nature and propriety of the charges. Such docuinentation will be clearly identified, readily accessible and, to the extent possible, lcept separate and apart from all other such docuinents. 3.5.5 The City expressly reserves, for a period of five (5) years from the date of execution of this Contract, the right to audit compliance with the terms of this Contract, and any and all records and documents relating to expenditures made for which HOME funds are used, or relating to any other activity under this Contract or use of HOME funds. Contractor agrees to retain all such records and documents for the five (5) year period 3.5.6 Contractor will obtain and lceep on file the following information on each client served by the Program. Such records shall be lcept for the period of affordability mandated by the Regulations. 3.5.6.1 3.5.6.2 annual income and size of the household of which the client is a meinber; ethnic group of the client, using one of the following five categories: Page 7 ,: r .. �� CI� ^ ( � ;,� �� � ���: u �� r ��;�' �� � �, ��!� „ 11 ��'7 � r � ,� � � c� -_ �:��',.,����-r,ab.,�l ;1���1� ��''I�nf ('j��,`') r,r,;�, -, ,"��6 ��`J/1�n 3.5.6.3 3.5.6.4 White, not Hispanic; Blacic, not Hispanic; Hispanic; Asian or Pacific Islander; American Indian or Alaslcan Native; whether the head of the client's household is male or female; and additional statistical information as may be required by HUD regulations and any amendments thereto. 3.5.7 Contractor will lceep on file the following information and docuinentation on each individual project: 3.5.7.1 3.5.7.2 3.5.7.3 3.5.7.4 3.5.7.5 3.5.7.6 3.5.7.7 proof that the project meets the applicable property standards; the per unit amount of HOME dollars invested; the compliance with the affirmative marlceting requireinents and existence of acceptable procedures; compliance with relocation requirements; minority and feinale owned business data, and affirmative fair housing actions; compliance with lead based paint and Davis-Bacon requirements; and compliance with conflict of interest rules. 3.5.8 By the 15th of each month during which this program is supported by the HOME funds provided under this contract (to be construed as including the use of any asset obtained tluough the expenditure of HOME funds), Contractor will supply the City with a report detailing: 3.5.8.1 3.5.8.2 3.5.8.3 3.5.9 Progress toward goal achievement (Exhibit E-Program Services); and Expenditure detail (Attaclunent I"Request For Funds", Attaclunent II "Detail Statement Of Costs" and Attachment III "Expenditure Worlcsheet"). The amount of leveraging generated by grant, including items that qualify as HOME match. Reports shall be submitted in the format specified by City. Page 8 , .->._ _� ..—,.- -�_ �� -- �. ,`✓�U�u��O�'�,� �,����u�D ���0�'� ����:����Q� L' i�a Ul��:✓1��.�Uqp II'��1Na 3.6 Cost Principles 3.6.1 Contractor shall comply with the requirements and standards of OMB Circular A-122, "Cost Principles for Non-Profit Organizations". 3.6.2 All non-federal entities that expend $300,000 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 24 CFR part 84 generally, with specific reference to OMB Circulars A-133. The audit may cover either Contractor's fiscal yeai� during which the contract is in force or cover the period of this contract. The audit must be prepared by an independent certified public accountant, be completed within twelve (12) months following the end of the period being audited and be submitted to City within thirty (30) days of its completion. Contractor's audit schedule is attached hereto as EXHIBIT "D" — AUDIT SCHEDULE. Costs of preparation of this audit may be an allowable expenditure of HOME funds in an amount proportional to that of the HOME funds used in Contractor's total agency operating budget. Non-federal entities that expend less than $300,000 a year in federal funds are exempt from Federal audit requireinents for that year, but records must be available for review or audit by appropriate officials of the Federal Agency, pass-through entity (City), and General Accounting Office (GAO). 3.6.3 City reserves the right to perform an audit of Contractor's program operations and finances at any time during the term of this contract, if City determines that such audit is necessary for City's compliance with OMB Circular A-128, and Contractor agrees to allow access to all pertinent materials as described in section headed records and reports above. If such audit reveals a questioned practice or expenditure, such questions inust be resolved within (15) days after notice to Contractor 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). 3.6.4 If as a result of any audit it is determined that Contractor has misused, misapplied or misappropriated all or any part of the grant funds described herein, Contractor agrees to immediately reimburse the City the amount of such monies so misused, misapplied or misappropriated, plus the amount of any sanctions, penalty ar other charge levied against City because of such misuse, misapplication or misappropriation. 3.7 Monitor Effectiveness of Services and Worlc 3.7.1 The City will review the activities and performance of each contractor and subrecipient not less than annually as required in Section 92.504 (e) of the HOME regulations. Page9 �T��JIf����.�(rl�l� Uc�IS�VU�� , r �l�V ��'� G? 5 ° �1� �,;� M�i�r'�Ir�s ���{p 3,7,2 Contractor agrees to fully cooperate with City in monitoring the effectiveness of the services and worlc to be performed by Contractor's compliance with the terms of this contract. The City shall have access at all reasonable hours to offices and records (dealing with the use of the funds that ai�e the basis of this contract) of Contractor, its officers, directors, agents, employees, and subcontractors for the purpose of such monitoring. 3.7.3 Contractor agrees to lilcewise monitor the effectiveness of the services and worlc to be performed by its subcontractors. ;.8 Coinpliance with All Applicable Laws and Regulations 3.8.1 Federal 3.8.1.1 3,8.1.1.1 3.8.1.1.2 3.8.1.1.3 3.8.1.1.4 3.8.1.1.5 3.8.1.1.6 3.8 1.1.7 3.8.1.1.8 3.4.1.1.9 3.8.1.1.10 3.8.1.1.11 Contractor agrees to comply with the following laws and the regulations issued thereunder as they are currently written or are hereafter amended during perfarmance of this contract: Title VI of Civil Rights Act of 1964 (42 USC 2000d et seq) Title VIII of Civil Rights Act of 1968 (42 USC 3601 et seq) Executive Orders 11063, 11246, as ainended by 11375 and as supplemented by Department of Labor regulations (41 CFR, Part 60) Section 504 of the Rehabilitation Act of 1973 (29 USC 794) The Age Discrimination Act of 1975 (42 USC 6101 et seq) National Enviror�mental Policy Act of 1969 (NEPA) and the related authorities listed HUD's iinplementing regulations (24 CFR Part 58). Inunigration Reform and Control Act of 1986 (Pub. L. 99-603, 100 Stat .3359, as amended) specifically including the provisions requiring employer verifications of legal worlcer status of its employees Housing and Community Development Act of 1987 (Pub. L. 100-242, 101 Stat. 1815, as amended) The Americans with Disabilities Act of 1990 (42 USC 12101 et seq) National Affordable Housing Act of 1990 The Drug Free Worlcplace Act of 1988 (24 CFR part 23, subpart F) 3.8.1.2 Contractor, in the operation of its program, will also comply with Office of Management and Budget Circular A-122 and attaclunents and revisions thereto, regarding principles for determining costs for HOME-funded progranls. 3.8.2 Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701 Page 10 -- � ,������G�,��� �;�f�C�u��D ^ �;,,� �;; �U � ���::G1� �G��7 G� � �� �������� ���o _�8.,_._.. 3.8.2.1 As the worlc perforined under this contract is on a project assisted under a program providing direct federal financial assistance froin the Deparhnent of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701, Contractor covenants to abide by the requirements of the said Section 3. It requires as follows: 3.8.2.1.1 That, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area, and ;.8.2.1.2 That, to the greatest extent feasible, contracts for worlc in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. 3.g.2.2 Contractor will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretaiy of Housing and Urban Development, set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. Contractor certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements. 3,g.2,2 Contractor agrees that it will send to each labor organization or representative of worlcers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worlcers representatives of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 3.8.2.3 Contractor agrees that it will include the said Section 3 clause in every subcontract for worlc in connection with the project and will, at the direction of City, talce appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135. Contractor agrees that it will not subcontract with any subcontractor where it has notice or lcnowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided Contractor with a preliminary statement of ability to comply with the requirements of these regulations. 3.8.2.4 City and Contractor understand and agree that compliance with the provisions of Section 3, the regulations set foi-th in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to Page 11 -- ��,�ru��0��,� G?��Gu��D ��; 0�' �"�'� ; G`���,'�G�1� � �,,� �� `' (� ��t ���i;- ��1�-;f p � � Z � the execution of this contract shall be a condition of the Federal financial assistance provided to the project, binding upon City and Contractor, and their respective successors, assignees and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors, its successors and assignees, to those sanctions specified by the Grant Agreement through which federal assistance is provided and to such sanctions as are specified by 24 CFR 135. 3.8.3 Clean Air Act; Clean Water Act; Environmental Protection Agency (EPA) Acts and Regulations 3.8.3.1 This contract is subject to the requirernents of Section 306 of the Clean Air Act, as amended (42 USC 1857(h) et sec�.), Section 508 of the Clean Water Act (33 USC 1368), Water Pollution Control Act, as amended (33 USC 1251 et seq.) and the regulations of the EPA with respect thereto at 40 CFR, Pai-t 15, as amended from time to time, and Executive Order ll738 (42 USC 7606 nt.). In compliance with said regulations, Contractor agrees and, with respect to any nonexempt transaction, shall require each subcontractor to agree to the following requirements: 3.8.3.1.1 A stipulation that no facility to be utilized in the performance of nonexempt contract or subcontract worlc is included on the List of Violating Facilities issued by the (EPA) pursuant to 40 CFR 15.20; 3.8.3.1.2 Compliance with all the requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8), and Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318), relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued hereunder; 3.8.3.1.3 A stipulation that, as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities; 3.8.3.1.4 Agreement by Contractor that it will include or cause to be inchided the criteria and requirements of this section in every ilonexempt subcontract, requiring that Contractor will talce such action as City may direct as a means of enforcing such provisions. Page 12 -- �,������Goc�� ������c� ������ S�L�"��,�lSfVr�11�1f .... ���..C�N�)�''��9 ���o ;,g,;.2 In no event, shall any amount of the assistance provided under this contract be utilized with respect to a facility which has given rise to a conviction under the Clean Air Act or the Clean Water Act. 3.8.4 Other Laws 3.8.4.1 Contractor covenants and agrees that its officers, meinbers, agents, employees, program participants and subcontractors shall abide by and comply with all other laws, (federal, state and local) relevant to the performance of this contract, including all ordinances, rules and regulations of the City of Fort Worth and the Regulations. Contractor further proinises and agrees that it has read, and is familiar with, terms and conditions of the Regulations under which funds are granted and that it will fully comply with satne. It is agreed and understood that, if City calls the attention of Contractor to any such violations on the part of Contractor or any of its officers, members, agents, employees, program participants or subcontractors, then Contractor shall iinmediately desist from and correct such violation. 3.9 Prohibition Against Discrimination 3.9.1 Contractor, in the execution, performance or attempted performance of this contract and agreement, will not discriminate against any person because of sex, race, religion, color, national origin or sexual orientation nor will Contractor permit its officers, members, agents, employees, subcontractors or prograin participants to engage in such discrimination. 3.9.2 During the performance of this contract Contractor agrees, and will require all its subcontractors to agree, as follows: 3.9.2.1 Contractor will not unlawfully discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or sexual orientation. Contractor will talce affirmative action to ensure that applicants are employed and that employees are treated fairly during employinent without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forins of compensation, and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 3.9 2.2 Contractor will, in all solicitations or advertisements far employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for Page 13 -- ,���������D���� ����C��(�D �� �l��f c���� ���G��l nn('„1�I' 5��ry�ry�v�/ ��c UJVIr'�UUQ Ul�!/UB employment without regard to race, color, religion, sex, national origin or sexual orientation. 3.9.3 In accardance with the policy of the Executive Branch of the federal governrrient, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in perfor�ning this contract, shall, in connection with the employment, advancement or discharge of employees or in coruiection with the terms, conditions or privileges of their employinent, discriminate against persons because of their age or because of any handicap, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. 3.9.4 Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for einployees to worlc on this contract, a maxiinum age limit for such employinent unless the specified maximum age liinit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. 3.9.5 In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any of its subcontractors 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 employinent for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor 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 subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. 3.9.6 This agreement is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article III, Division 3("Discrimination in Einployment Practices"), of the City Code of the City of Fort Worth, and Contractor hereby covenants and agrees that Contractar, its officers, members, agents, einployees and subcontractors, have fully complied with all provisions of saine and that no employee, applicant or program participant has been discriminated against by the terms of such ordinances by either the Contractor or its officers, members, agents, employees or subcontractars. 3.10 Prohibition Against Interest 3.10.1 No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which the Program is situated; and no other public Page 14 _y� �-- sfv4-�= -- � �����0�� G���G °'� r.��'v� �����.G�Ca`��� �aU'��`� �C'I��� U ��`Nu _ il official of such locality or localities, who exercises any functions or responsibilities with respect to the program funded hereunder during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be perforined hereunder. Contractor shall incorporate, or cause to be incorporated, lilce language prohibiting such interest in all contracts and subcontracts hereunder. 3.10.2 No officer, employee, member or program participant of Contractor or its subcontractors shall have a financial interest, direct or indirect, in this contract or the monies transferred hereunder or be financially interested, directly or indirectly, in the sale to Contractor of any land, materials, supplies or seivices purchased with any funds transferred hereunder, except on behalf of Contractor, as an officer, employee, meniber or program participant. Any willful violation of this paragraph with the lalowledge, expressed or implied, of Contractor or its subcontractors shall render this contract voidable by the City of Fort Worth. 3.10.3 No officer, employee, agent, consultant, elected official or appointed official of the participating jurisdiction, Contractor or its subcontractors who exercised any fiulctions or responsibilities with respect to activities assisted with HOME funds or who are in a position to participate in a decision malcing process or gain inside information with regard to these activities, may obtain a iinancial interest or benefit from a HOME assisted activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whoin they have fainily or business ties, during their tenure or for one year thereafter. 3.11 Minority and Women Business Enterprise Commitment 3.11.1 Contractor agrees to abide by the City of Fort Worth's policy to involve disadvantaged business enteiprises (DBEs) 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, Contractor agrees to incorporate City Ordinance No. 11923, and all amendinents or successor policies thereto, into all contracts and will futher require all persons or entities with whom it contracts to comply with said Policy. 3.12 Assignment 3.12.1 Contractor 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 assigninent of same without approval shall be void, and shall constitute a breach of this contract. It is agreed that the City has the right to inspect and approve in writing any proposed subcontracts between Contractor and any subcontractor engaged in any activity in conjunction with this HOME funded project prior to any charges being incurred. Page 15 ��---�-� -- ���,�U����:�� �,� �f���QD �� ����u' c��'r l�?����( �� ��,�,��; ����r� �� ��_r��° ����`�:� � � 3.13 Indeinnity and Bonding 3.13.1 Contractor covenants and agrees to indemnify, hold harmless and 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 lcind or character, whether real or asserted, arising out of or in coiulection with the execution, performance, attempted performance or nonperformance of this contract and agreement and/or the operations, activities and services of the Prograin described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractoi�s of C�; and Contractor hereby assumes all liability and responsibilrty of City and rts officers, agents, servants, and employees for any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement and/or the operations, activities and services of the programs described herein, whether or not caused in whole or in part, by alleged negligence of ofiicers, agents, servants, employees, contractors or subcontractors of City. Contractor likewise covenants and agrees to and does hereby indemnify and hold City harmless from and against any and all injury, damage or destruction of property of City, arising out of or in coruiection with all acts or omissions of Contractor, its officers, members, agents, einployees, subcontractors, invitees, licensees, or program participants, or caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City. 3.13.2 Contractor will maintain a blanlcet fidelity coverage in the farm of insurance or bond in the amount of Thirty Thousand dollars ($30,000), to insure against loss from the fraud, theft or dishonesty of any of Contractor's officers, agents, trustees, directors or employees. The proceeds of such bond shall be used to reimburse City for any and all loss of HOME monies 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 uses and benefit of Contractor. 3.14 Waiver of Immuni 3.14. 1 If Contractor, as a charitable or nonprofit organization, has or claims an irrununity or exemption (statutory or otherwise) from and against liability for damages or injury, including death, to persons or property, Contractor hereby expressl� 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. Page 16 , .'...`s"`�__`� -� � �����u���0��� °�(���(�D � ���r C��!rG?C���G��l ��t��`�' Jr1��1�p jj �i � u�,���!� uu u a 3.15 Insurance Requirements 3.15.1 Commercial General Liability (CGL) Insurance $1,000,000 each occurrence $1,000,000 aggregate limit 3.15.2 Business Automobile Liability Insurance $1,000,000 each accident Insurance policy shall be endorsed to cover "Any Auto". Pending availability of the following coverage, and at the discretion of the Contractor, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of Contractor's business as contracted herein. 3.15.3 Directors and Officers Insurance Optional (Highly Recommended) Note: This insurance shall cover the Contractor and any associated Board of Directors members. 3.15.4 Workers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $500,000 each accident $500,000 disease-each employee $500,000 disease-policy limit Note: Such insurance shall cover employees performing worlc on any and all projects including but not liinited to construction, demolition, rehabilitation. Coverages shall be maintained by Contractor or its subcontractors. In the event the respective subcontractors do not maintain coverage, the Contractor shall maintain the coverage on such subcontractor for each applicable subcontract. 3.15.5 Additional Requirements Such insurance amounts shall be revised upward at City's option and that Contractor shall revise such amounts within (30) following notice to Contractor of such requirements. Contractor will submit to City document that it has obtained insurance coverage and has executed bonds as required in this contract and prior to payment of any monies provided hereunder. Page 17 (J���p�� Uln!L� Uc�� rUIti�D ����� �)�'��l��Gr��1i ���o �� �� c����➢ ���p Each insurance policy shall be endorsed to provide City with a inaximum 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 the City of Fort Worth as an additional insured as its interest may appear. Additional insured parties shall include einployees, officers, agents, and volunteers of the City of Fort Worth. The Worlcers' 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 the City of Fort Worth. Any failure on part of the City to request certificate(s) of insurance shall not be consti-ued as a waiver of such requirement nor as a waiver of the insurance requirements theinselves. Insurers of Contractor's insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to do business in the state of Texas. Insurers shall be acceptable to the City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rating of A:VII or other equivalent insurance industry standard rating otherwise approved by the City of Foi-t Worth. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by the City of Fort Worth. In the event there are local, federal or other regulatory insurance or bonding requireinents for the housing program addressed in this contract, should such requirements exceed those specified herein, the former shall prevail. Contractor shall agree to require its subcontractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and, Contractor shall require its subcontractors to provide Contractor with certificate(s) of insurance documenting same; and, Contractor shall require its subcontractors to have the City of Fort Worth and the Contractor endorsed as additional insureds (as their interest may appear) on their respective insurance policies. Contractor shall require its subcontractors to maintain builders rislc insurance at the limit of applicable project(s) costs when the value of materials involved exceeds $10,000 or at a different limit value as specified by the City of Fort Worth. Page 18 0. ..-_.� .- —. -- � ;;�,�j j,,�;J ���: G°����R� " ��'��'v' ���!rG� � ° Q� � a ;�;� s�r���;:�l���P ��{o ua V'� " � 3.16 Pro¢ram Income Qualifications for Families 3.16.1 Contractor agrees to abide by HUD income guidelines, which are specific to the type of project that is undertaken by the Contractor. 3.17 Certification Regarding Lobbying 3.17.1 The undersigned representative of Contractor hereby certifies, to the best of his or her lcnowledge and belief, that: 3.17.1.1 No federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, 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 malcing of any federal grant, the malcing 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. 3.17.1.2 If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, meinber of Congress in connection with this federal contract, grant, loan or cooperative agreement, Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3.17.1.3 The Contractor shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of federal funds. u���0��'�� ��'�C�C� �D Page 19 �r ll��l Nr���l; c�LSU(nlU1U � y �, ��1..'' �1 a ����° �trl„l��iI,, � ',liUtl , ,.•=y:-•.-,�.. IN WITNESS WHEREOF the parties hereto have ex cuted four copies of this contract in Fort Worth, Tarrant County, Texas, this ��.�day of , A.D. 2001. ATTEST: � �_ �� City Secret�•y �-1�1-D1 APP VED AS TO FORM AND LEGALITY: Asst. Ci Attorney r , � � � Z Con�.raCt AuthorizatiOn r� �. / L . vl , Date CITY O� FORT WORTH J `/ ,�` /' By: , �� l� Libby Watsori= Assistant City Manager COMMUNITY ENRI By:_ Randy CENTER, INC. ve Director Page20 ���(�lr�\Cllln`:� ���'vUe,D u r ���� � ��� G� � � G�� G�o C��i�-�`u'�� �C��o STATE OF TEXAS � COUNTY OF TARRANT � BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Libby Watson, known to me to be the person whose naine is subscribed to the foregoing instru ecut d t e same las�t�he� ao of saadtCrty of Fo tSWorth for the City of Fort Worth and that she ex purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND .Ap�; \ , A.D. 2001. �'�*PYPGe�••. PATRICIAAGARCIA t�0:•.«��. � : �2i t°' NOTARY PUBLIC t+► �': � �h �+ f State of Texas .FOF,�. Comm. Exp. 03-31-2005 STATE OF TEXAS � COUNTY OF TARRANT � f'� SEAL OF OFFICE this .3 day of .u�.�� Notary Public in and for the State of Texas BEFORE ME, the undersigned authority, a Notary Public in and for the State of Teaas, on this day personally appeared Randy Clinton, known to me to be the person whose name is subscribed to the foregoing instrumeand that 1 e executed tl�ie s me as helact of sa'id Community Community Enrichment Center, Inc. Eruichment Center, Inc. for the puiposes and consideration therein expressed and in the capacity therein stated as its duly authorized ofiicer or representative. GIVEN UNDER MY HAND AND �/f'�� � G� , A.D. 2001. o�"p� "°,,... KATH�ERINE FRC7MM ' °'��' � � MY COMMISSION EXPIRES ., /�\ ,: , ,����,�' acroaFR 2, zooz SEAL OF OFFICE this o�-� day of /�,L-`2,�� N tary Public in and for t e State of Texas — _—___.- _-----_==� Page 21 r�._^_.,.,- ` -� — -- j ����[r���,��,�� �'�G�QD ���r�'�' r�[��� G?���Q� I -� p'yrI1 1^ �'1l M ��),/(j j' ���a �;'1����`���_L�UUQ �lSflUo f EXHIBITS AND ATTACI�MENTS EXHIBIT A-Pcogram Summary EXHIBIT B-Prograin Budget EXHIBIT C-Program Timeline EXHIBIT D-Independent Audit Requirement EXHIBIT E-Program Services ATTACHMENT I---Request For Funds ATTACHMENT II---Detail Statement Of Cost ATTACHMENT III---Expenditure Worksheet �����Oc���� E'(����D �G��'bf ���!���G��l �o �ti�,��G'��19 ���„ PROGRAM SUMMARY PROGRAi�f TITL� COMMUNITY ENRICHM�IV`I' CENTER, INC. SER�'ICTS CONTRACTUALS�RVIC�S CAPI'PAL OUTLAY Positions RIPTION: EXHIBIT A 2000 HOME-CHDO $0 50.00 50.00 Community Enrichment Center is a certified Community Housing Development Organization that provides transitional rentai housing for low and very low income individuals and families. The performance period will begin on the date of contract execution and end twelve months thereafter. ROGRAM OBJECTIVES: To identify a property to acquire or develop as a mixed income, multi-family, affordable housing project with some units to be set aside for transitional housing for very-low and low-income persons. M MEASURES Evidence of site control Evidence of appropriate zoning and other due diligence activities Obtain Appraisal Conduct Market Study Perform Feasibility Study Development budget Compliance with HUD site and neighborhood standards for new multi-family project Develop ptans and specifications Obtain builder/developer Obtain architect Written construction quote from builder/developer Qualifications and track record of proposed builder/developer Evidence of insurance and workers' comp for builder/developer and other subcontractors Secure funding and obtain letters of commitment from any permanent financing lender or funding provider Proforma for the first five years Establish supportive services and providers, e.g., day care, after school classes, computer training lab Plans for marketing and outreach _ a=_ ..� z---- _—•_ =� Develop l_ease Up Plan ���fl�C�Cti� �� (��,���L�i Compliance with terms of affordability ` IJ , � V I� — . ...� � ,-. .�„ �.,� � � a> � o � � � � �U �� v�. 4., � � �' N U N a� a� � � � cUC o T .� .... 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E� � d N�� U�, � a a� a� � � Q e o • • e � RS .-a • a U � � � 0 � � � a o�' �. .� a�� a0 y .y "� •� � W � �. � y � � � o �, a� � � o Q � � � z � � � � o � � a� Q o c -� � � •,:, cd � � .� � U cn N o � a. o w U Q � � Q � y� G o •� � � � ti U � O � � '�-�t O � � o � � M O� � .�.��-., �' � ,� �+-• � O � N � A .0 � � �' O c� C 3 � O y . bA C � � � c� c o:d �w -. •.� � a c v�i O � c�d � � � � � � � � � �O � cd cd c� ---� G. � w w U a � o • • �% '� '—", ���,U ..I� n1 G��C�e�D ��4,��`ti% ��(�'�G�� �'t °�i� U�Uo l�'�� ���C,I���p r��LSDUa .. . . E%HIBIT B ;� : . . ' _ . � B. OPERATING BUDGE'I' FOR TWO FISCAL YEA.RS � � i.. Fiscal Year=1/1%01 to 12/31/01 2, Fiscal Year 1���02 to 12/31/02 r�l�,�i'.. �_": "mS:r. ..;.. :C�.�•�' 1CDBG�:{ t:''^'.•'..y�� a .�: -�^ �=' ^�' 4 -G =',..�:,;:��H :;Total�::� <�� ��:- *=�.= �- 'ExenseCate oi,y"".•..���. �:iTo'tal:� �.� ,�._„0:�:, �.,�,.�,; „�� .�; ��,�;.r,�8�,.:.� =�-^���:`.; ;,,,;;'�:,,,::�:�;,. ., z��:: . � . �, • �. ua �"- z ° •'� -;� , e , �' '''�r�:. .<<..: �;m� g 7, f •�_ �.�8 � et`_'-� ��B.'`� ge� :�``�„�' ���i;�>';;�:,;, �Bndget, Budget .. , .'� :,� `-,` �'''�`,=�:�C'; • • • ,:is � ` —�`. i��. .,•. g v.�^ ',�f?;.. .: j+f f..}`� t, s�"- � '.�?� ;^'•`,a"y r� i... ' i 9ei� � •. �r�eoie. ::� ;�> � r fi "��,.w. '�� -:(`4}. , :.(1) �: : (2) �.`�3).: ::(4) �:��. . � . . . >.: -Y:. `�.'.:. :;(].) _�.�. ��-;.(Z) .:.�,r.� `� ��3�,� . *� �„. .:t• �r ,z�.;` `, r �- T�. Personnel Services 21, 90 HU�, Fo nd Salaries 570,000 i 21,900 UD,Fn 576,80 22 �p FICA 39,000 UD. F 40,00 HUD,FR Life Insurance Health Insurance 30, 000 R, F�JD 32 , 00 R 2�50 FR Unemployment- State 2 , 000 Unemployment- Federal FR 1,Vorkers' Compensation 8, 500 FR 9, 00 Retirement � . _ Supplies FR Office Supplies 7, 000 FR 7, 00 Postage 5 , 000 FR 5,00 FR Teaching Aids Office Furniture FR Other 1, 500 FR 1, 50 Contractual Services FR Telephone 8, 500 FR 8, 50 Electric 13 , 5 0 0 hurch 13,50 Church Gas ' Water/Waste Disposal Church Rent 7 500 Churc 7, 50 Churc 3,00 Church Custodial Services 3 000 FR 9� �� FR Copier 9 , 000 • Other Equipment gg � 5,000 . FR 5,00 I Printing UD,Fe s168,0 0 UD,Fees Repairs � 164 , 000 Fidelity Bond Fees Liability Insurance 3�0 , 000 Fees 30 , 00 I Legal & Accounting 9 000 Fees 9,00 Fees j Private Auto Allowance FR j Conferences & Seminars 2, 000 . FR 2, 00 i Other � 21 , 90 Al l TOTAL 914,500 27,300 21,900 All g29•30 22 70 * Should be the total of columns 2, 3 and 4. **CKDO Budget should not etceed ,SS0,000 or 50% ojlhe total 6udget for thal year, tivhichever is lotiti�er. •**[ndicate other fundin; sources in columns �t to 7, e.�. foundations, corporations, fundraisin;, developers fees, etc. 12 --- =-r - � ����G�:c��� �-_'�C � ��� . ' � u�`� �,��� G?���Q�i � �5 r�� � c\� ,� (���� G�UC:l��➢ ���» . . ffiIBIT B-1 � C. BUDGET DETAIL (PERSONNEL SERVICES FOR TWO FISCAL YEA,RS 1. FiscalYear 1/1/O1 ta 12/3I/O1 :.PositionfTitle;. ;;;Annual=r:.;; ��'��Fringe:'=�Y ^�'Y�sI'o�alL�,y= �;%`of�r�;' Total. '' ;�'�Funii3iag �' �^..:- - : < Source(s) • `•�.•y,• • • .. ' : �4��c ' '.�::°1t •� •'. ..�.+.� - :•r4'«�:�i• ��:� 'r".'.i.''��`'ar-�t'r:�:}"f..!,r...�. .r ��''�::• :y:$ala � ' ���Benefits'�:t� ��•Sala & �'' -rTiine for� moun of_ �e; ... .. ., . ?:, r .rY,.:�'; •�; ;., . :•�. .r3'::. •<.� r. �.A t��,:� �'for$alance Z'i' . . • •+: " � � ;,.•�: a^. ,�:�� `' 'r.- . • ..: _ . . . . $ �.i' �:f �$.:;:: ;A;•5' .: :Frin` e' ��CHD,O. : <.•: from' :,i;.;. ','. '�..,..:: :�,;,ti;�..�• ': ... g ';,` ;:�;;:.:�; z;: , `• �•i�� !}�,� • �7�' ��� • �f...r ii�:. ,'n •.t. � . : �•� ,,• � . - . ,.,` ; ` : �'� ''= ��;Beuefits � .:P:.roject CHDO " :-`�•: . i,J.•: ::>$ • . , •: t.., .c�-_ ;r . . . : �' . , . ' . : . . , . . .. '':" �: � . - Develop; Support • . �' � � �... .. . : � .. • • .. . ... : ment .- Fund S � ... . . ._; . 1. $ • $ $ � $ Exec. Dir. 34,500 29,000 63,500 40/ 13,800 RHCC, Fundrais 2 Oper. Di 45,000 � �45,000 l00 � 4,500 HUD, Fundraisi 3. $ $ � $ Consultan 10,000 10,000 100% 9,000 .. 4. . $ $ $ $ Total $ $ $ � $ 89,500 29,000 118,50 27,300; LVote: `l,U�U hours annuaily comprise a iuil-time position. *Foundations, corporations, fundraising, developers fees, etc. 2. Fiscal Year 1/1/02 to 12/31/02 �Position/Title .� : �Annual .:. �".� �Frinbe.;�..' ; ,:-:Tota1 .. � :% of � Total �Funding_Source(s) .. . . � �Salary:���.�. •:Benefits.'��- �":Salary.8c. .Time��or�� � Amount � for.Bala'nce�of'I'irrie � : . . . : : � . ':.� ;;:.: :..Frinbe . � CHDO. � � from . .. . _ . . . : � r -� � :, ,��Benefifs :: .Project,:: •. .. .CHDO � � , . . . . ..�� _:,$ ���.� �::. Dev,elop-,.. -: .SuPPort . �.. ; . � . -. . � . � � inent •�• •. Fund S .. . .. 1• $ � $ � •Richland Hills Exec Dir 35,500 29,000 64,500 40/ 14,1Q0 Fundraisin 2. $ $ $ ' $ Oper Dir. 46,300 46,300 10/ 4,600 HUD, Fundraisi 3. $ $ $ $ Consultan 5,000 5,000 100i6 4,000 4. $ $ $ $ Total $ $ � $ . 86,800 29,000 115,80 �22,700 IV'ote: 2,030 hours annually comprise a fiill-time position. *Foundations, corporations, fundraisina, developers fees, etc. 13 � ��J����:COG;�� °'� � 0 (�?Q p ���''���`^�1� iaiG�`� ��; �"����_���P ����o �� � � of L � Qi �' .� � o 0 U a � N � 0 a N �,,,,,,,,,,,,,,,,�,,,�� �,,,,,,,,,,�,,,,,,,,���� �,,,,,,,,,,,,,,,,,,,,,,, �,,,,,,,,,,,,,,,,,,,,,,, �,,,,,,,,,,,,,,,,,,,,,,, �,,,,,,,,,,,,,,,,,,,,,,, �,,,,,,,,,,,,,,,,,,,�,,, �,,,,,,,,,,,,,,,,,,�,,,, �,,,,,,,,,,,,,,,,,�,,,,, �,,,,,,,,,,,,,,,,, ,,,,, 0�����������1����0 ����� �,,,,,,,,,,,,,,,,,,,,,,, �,,,,,,,,,,,,,,,,,,,,,,, �,,,,,,,,�,,,,,,�,,,,,�, �,,,,,,,,,,,,,��,,,,,,,, �,,,,,,,,,,,,�,,,,,�,,,, �,,,,�,,,,,��,,,,,,,,,,, 0,,,,,,,,,0,,,,,,,,,,,,, 0,,,,,,,,0,,,,,,,,",,,, 0,,,,,,,0,,,,,,,,,,,,,,, 0,,,,,,�,,,,,,,,,,,,,,,, 0,00000,,,,,,",,,,,,,,, ,�,,,,,,,",,,,,,,,,,,,, . � , ' . � � � � . � . � . . • • , � . . � , , . � � ' • � . � � � � , . , . . ' . . . . � • � , . �. , • . . � • � � ' . ' � � • � � . ' . • . � . � � .. . � � . • . � . : . ' � � . � . • . � , • . . , . . . . • , . . . � . � � . . � • . , • • � � , . . . � . . , • � � � � . . � . � _ • . � � ' . . . , . � • _ � � . . � . . � . . � . • � ' . u • � � E%HIBIT C , _--- ._.:. _. — -- — - � � �vi�yU���� �G���� G�;'I� ��,u� °�p j I�����j''�U C�L�I` �)l' ',l;�� �a fl U � l `�''�t, N� , �rl� �ItiJL���:��Wg U15G�10 �-s�,. .'`• ' � ' � � EXHIBIT D � INDEPENDENT AUDTT REQUIREMENT BUSINESSIAGENCY NAME: , � � PROGRAM: m � AMOUNT FUNDED: � Name of Independent Auditor who wilt perform agency audit: (Independent Auditor) Date audit is to perform: (Month and Year) The following lanb age is a condition of your contract wi.th the City: "In accordance with O�LB Circulars A-128 and A-133, for all contracts in the amount of �300,00� or more, Contractor must submit to City an annual audit of its program opeza�ions and finances, covering either its fiscal year during which this contract is in force or covering the period of this contract '�'his audit must be prepared by an. independent certified public accc�untant and must be submitted within three (31 months of its completion . Costs of preparation of this audit may be an allowable expenditure of federal funds in an amount proportional to that of the federal funds usecl in Contractor's total agency operating budget�" Signature D ate ` ������� G��� � ��� ��,�D ,� �r �l b�' �C���G1����G�1� �: � � �, r �= � n ,,, ' !~�' �'+`'� '"'�i+� �ls�� �, , „�: .. �� �� •'�; . p o FROM: T. A.CCOMPLTSHMENTS � �_ EXHIBIT E PROGRAM SERVICES MONTH REPORTING � � . , • T0: . .. '. PROGRESS PROGRESS a GOALS THIS MONTH TO DATE �DOCM�LSSHED Ix. ADDITTONAL COMMENTS REGARDING ACCOMPLISHNIENTS THTS MONTHS: xzI. PROBLEMS ENCOUNTERED AND SOLUTTONS PROPOSED: IV. ANTZCIPATED ACTIV:CTIES DURING NEXT NIONTH: ;:._ _ _ . . i '�T�'���`jOC��� ° G�� G��D lll, ! 1 e i ., �/ ^ � U' � �r�� � ��" �� � �� `,- � �;`�� ti� ; �r17 �� �k; ���;: ����� ��, ni ° �-'� � , u' �� 1 —� _—, _ _� P l�G� o ATTAGHME�T I CITY OF FORT WORTH , . HOUSING DEPARTMENT REQUEST FOR FUNDS . A�ency Pco?ram Name: Contract Number: Report Period: . Contract Amount: Date of Request: ' C�NCY ' � � '` ,.. .. _..�_._ ___. x�. Cuniulative , ;SEGTIOY I_iA ),.,:� ... r:_�. ._._._�:: .�-�_�:,W.�.,_ _.._._...._.�'.� C .. _. . _ . _�.. ---.._... � __ . ... �._. _. ....._ . . _ ... urrenE Mouth ; , .. ' -` CASH BALANCE ANALYSIS FOR APR 1. Be�,innin� C�sh Balance 2. Amoi�nt Recei��ed: Pro�ram Income City oF Fort Worth Inteczst Earned 3. Totai Funds Av�ilable ( I+ 2) S � S S S S S S S 4. Less E�penditure (detail statement cost) S � 5. ENDI\'G CASH BALANCE (3-4) S S r ,-, . . D�eCatlllb`COS� , :..,....... .. .. �. _. c. _.:_. . .. .... .. . . ,.�t, .. ..__ _ ,. .. _ ,. ...,., . .. 6. Estimated Expenditures S 7. Funds Needed (6-�) � S. Less 6stimated Pro�ram Income � 9. Unpaid Request for Payment Previously Submitted S 10. Amount of This Request (7-8 R 9) � _ t _ T.OTAL AMOUNT REQUESTED . t�..:.,..,.��'..: �.. �....:_ F_,,. _. . _: _ = _ ,. .. . .._ >... ... .. _ .,.,.. _ . .... . , _..._, .. _._. . ._ . _ . SECTlOi�I II (G1T�Y ) y `` `� ' f4 � '� s° = . . _ . _ .... � _ _ _ . . . .. _... . . ._.. .._.. _ - - . - s .... _. .. � .. :- _ . - � ...._ . . . __.. ...�.. _�,�. .�.r..._._ L MARS - Purchasing Request A. Mr\RS Iti'PUT: Vendor/PO Number/Rec�uisition NumUer [3. Fund/Account/Center C. Totnl Amount of this Request SECTION ICI . . ., , _ �. „�___ . .. . � , ....... .v,. . ..: �. .. . _ . , �.._ .�. . ... _ . ._. _. � ... , l. �'crific�tion A. 19ARS - Purchasing: — �\amc) B. Conh•act I�lanagcr: C. Accounting: 2. Authoriz:�tion A, h��Ci1C1': I3, Nlgmt �C I3udget pdministr�tor Housin; Director �F U,�E:�� SQ,��n.�� (\ame) (tiame) (\amcl �;;��»t� �. �, � .. �����'�: 0�,[�, 6�'(��Cj �� O � l., II ��� c�l5'; �Ih115��' G°� U G��r ��i�>>(,�'��ti�p �l��o ACEXC!' N(tOGR.A�I CITY OF FORT NORTH HOUSING DEPARTMENT hIANAGENIE[YT AND BUDGET DIVISION DETAYL STATEMENT OF COSTS covT�crno. TO REPORT PERIOD D,\T E ATTACHMENT II PROGRAhI h10NTE1L�' CUl1ULATI�'E COST CATEGORI" ACCOUNT BUDCET E\PEIYDITURES TO D.aTE B:ILANCE PCRSO`iAL SERVICES S;�I;iric� � I6010 I� ICF\ 518010 Lil'c Insur;inc� �IS0�0 f l�alth liuurance S I SO60 Unrmployment - Fed�ral j l 5090 t!ncmplm ment Tax-State 51 S09U \\'orker's Comp � 1 SO-10 R�tiremtnt � 13070 SUPPLIES 01'ti�e Supplies 521010 Postag� 521020 'I'zarhin� r\ids 522030 Puo�l Supplics j22030 Olhrr Uperating Supplies 523300 CO\TR:�C"1'UAL SG[:�'iCES 'fcl�phone j3�0�10 l:l�clric �3�02U Va, (Ulilit�) �3�010 1�'ater'Waste Disposal 535030 R�nt (Building) �37010 Custodial Ser��iczs 539220 UI'ti�c Gquipment Rental �37030 �'�'i���i�� �33030 I:zpairs �3600 f'idrlit�• f3ond 533210 Liabilit�• Insuralnce �34020 Lega! &. t\ccountin� �33060 Pri�ate Auro Allo���ance-Loc�l 532130 Ad�•�rtisinb 533010 Conf�rrnces R Seminars �31 130 Contr�ctual Services--Land Acq. �39120 Indirect Cost � 17010 C:\PITAL OUTLr\l' � I�urniture. f�i�tures ��41330 01'lirc L•.quipm�nt �=11370 Prapert� Insurance "fOTAL Sub-Cbnu-actors Certification: I certitj• that lhe costs incurred are taken from the books of account� and th�t such costs 1re valid and consistent ��•ith the tcrms oFthe a�reem�nt. \:1��1G and TITLE OF AUTFiORi"LED OFFICER S[G�ATURE �nd D.aTE �:�>>��i�:��,�,� G'��UG°?D �� D�� �� � �w���i�V?1� ��� r��� � f�. �%,4,;, ��,:- i� �,�� �(��� �c�cY - � � '-�. CITY OF FORT WORTH HOUSING OEPARTMENT _ CONTRqC'i' MANqGEMENT OMStON EXPEfID(TURES WORKSHEET _••- -�-... arracrr�xr. zrt . �t �rcr� t to. antE oF �sr NO. DAiE CHEC#C NO. PAYEE , DESCt21PT10N . • ACCOUP(T NO. AMOUNT 1 ' 2 ' . 3 4 • 5 6 ' 7 , 8 9 . 10 'f 1 12 ' 13 i� � i5 16 ' . i� � 18 19 ' � . 20 21 22 ., Zi 24 26 ' • - TOTAL f�AME snd 1lTLE OF AUfHORl7_E0 OFF(CER � Kt,l1� :IbeounbnQ �:� . SIGPiATURE and DA7E �' ,'��� � C�Lz�iR i'(��U °�� ';� ,�1�'� � <<�` �� 55'i� �1� f n � ��� u o��.�� �� y � �I I'r'r�rv�r�i�!��� II�,\� �' i . r,�,r" 1 � �� _.._'' ��' ��; ? i J'ip l l��G u f• City of Fo�t Wo�th, Texas �1►�A�ar And caunc�! Camn�un�cA�tian DATE 3/6/01 SUBJECT REFERENCE NUMBER LOG NAME **C-18484 05FUNDS PAGE 1 of 3 PROGRAM AND SUPPORT FUNDS FOR COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHDOI RECOMMENDATION: It is recommended that the City Council: 1. Authorize the use of $95,000 for Community Housing Development Organizations (CHDOs) under the Federal HOME Program Year 2000; and 2. Authorize the City Manager to execute contracts from Fiscal Year 2000 HOME funds with the following CHDOs to implement their respective projects: • Community Enrichment Center, Inc. (CEC) to assist the organization with payment of operating expenses associated with the development of a mixed income, multi-family transitional housing facility; and Lake Como Area Council, Inc. for acquisition, rehabilitation and resale of single-family housing; and 3. Authorize the contract performance period for both contracts to begin on the date of contract execution and end twelve months thereafter; and 4. Authorize the City Manager to extend or renew the contracts if the agencies request an extension; and 5. Authorize the City Manager to amend the contracts, if necessary, to achieve project goals provided that the amendment is within the scope of the project and in compliance with applicable laws and regulations. DISCUSSION: The HOME Investment Partnerships Program is intended to be a partnership between federal, state and local government, and non-profit and for-profit agencies who build, own, manage, finance and support low income housing initiatives. Participating Jurisdictions (PJs) such as the City of Fort Worth are particularly encouraged to work with existing community-based, non-profit housing organizations and to help develop new housing non-profits. To ensure this participation, a minimum 15% of a PJ's HOME funds must be set-aside to be used for Community Housing Development Corporations (CHDOs), and up to 5% may be set-aside to fund CHDO's operating expenses. CHDOs are certified by PJs according to specific eligibility criteria. Commitments of HOME funds must be made according to a timetable established by the U.S. Housing and Urban Development. -� .. , - - --� -- � City of Fort WoNth, Texas �1►�A�ar And Caunc�l c�'nmun�cAt�an DATE REFERENCE NUMBER LOG NAME PAGE 3/6/01 **C-18484 05FUNDS 3 of 3 SUBJECT PROGRAM AND SUPPORT FUNDS FOR COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHDO) FISCAL INFOR(VIATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, funds will be available in the current operating budget, as appropriated, of the Grants Fund. LW:k Submitted for City Manager's Oftice by: Libby Watson Originating Department Head: Jerome Walker Additional Information Contact: FUND (to) GR76 6183 GR76 G R76 7537 Jerome Walker 7537 (from) GR76 GR76 GR76 ACCOUNT I CENTER � AMOUNT 539120 005206128170 $32,116.00 539120 005206113240 $17,884.00 539120 005206133100 $45,000.00 539120 005206128020 $32,116.00 539120 005206113020 $17,884.00 539120 005206133030 $45,000.00 CITY SECRETARY �'�➢J�i���� � �l � �;;'�.���' ���.��'t`��t�� �. �.� � 2L•�!� r �!;R � �:�tl«[e, � �i ii,�-aJ s�,:id�r Sec'reta*y �f f��.�<< y;�iy e�f Fa,t 4i��7tix,'�ia�;a�