HomeMy WebLinkAboutContract 27040 CITY SECRETARY
CONTRACT NO.
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 Joe Paniagua, its duly authorized Interim Assistant City Manager, and
United Cerebral Palsy of Tarrant County, Inc. ("Contractor"), by and through Monica Prather, its
duly authorized President/CEO. Contractor's business address is 1555 Merrimac Circle, Suite
102, Fort Worth, Texas 76107.
WHEREAS, the City of Fort Worth has received grant monies from the United States
Department of Housing and Urban Development ("HUD") through the Home Investment
Partnerships Program ("HOME"), Program Nos. M-01-MC-48-0204, 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 industry 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, Contractor, a nonprofit corporation managed by a volunteer Board of
Directors, is to assist low and very-low income persons and families with disabilities to become
homeowners; and
WHEREAS, the citizens and the City Council of Fort Worth have determined that the
opportunity to own a safe, decent and affordable home is needed for persons with disabilities;
NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH:
1 GENERAL PROVISIONS
1.1 Purpose
1.1.1 The express purpose of this agreement is to provide Contractor with HOME funds
not to exceed Two Hundred Nine Thousand Five Hundred Forty Three Dollars and
no/100, ($209,543.00), of which One Hundred Eighty Thousand Dollars, ($180,000.00)
shall be to provide deferred payment, forgiveable, second mortgage loans for closing
cost/downpayment assistance to a minimum of twelve (12) first-time home buyers with
disabilities purchasing homes in Fort Worth, and up to Twenty Nine Thousand Five
Hundred Forty Three Dollars, ($29,543.00) for operating support of the Program, in
accordance with"Exhibit A- Program Summary".
Pagel
1.1.2 The City hereby certifies that Contractor is a Community Housing Development
Organization (CHDO) working to make homeownership affordable to persons with
disabilities. Contractor will engage in activities to transfer title from sellers of privately
owned properties to HOME-qualified home buyers with disabilities. To effectuate its
relationship with the seller and home buyer, Contractor will enter into a written
agreement with the seller and home buyer that will become part of the sales contract. As
part of its service to the home buyer to make homeownership possible for persons with
disabilities, Contractor will assist home buyer to obtain mortgage financing, barrier
removal services and provide direct subsidies to home buyers in the form of deferred
payment, forgivable, second mortgage loans for closing cost and/or downpayment
assistance.
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
with 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/Period of Affordability
1.2.1 This Contract begins on the date of execution of this Contract and terminates
twelve (12) months after execution of the Contract except that the provisions relating to
affordability shall remain in effect through the period of affordability under this Program
as provided in 1.2.2 below. This 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 of the Contract. The City may then approve the extension 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.
1.2.2 The housing assisted by Contractor will remain affordable as required by Section
92.254 of the Regulations. Affordability means that the actual principal, interest, property
taxes, and insurance (PITI) for the purchase does not exceed the percent allowed under.
the Home Of Your Own (HOYO) Program of the monthly adjusted income of a family
with an income that is eighty percent(80%) of the median of the area, adjusted for family
size as established by HUD. The homes assisted with closing cost/downpayment
assistance under this contract must remain affordable through the period of affordability.
If the housing does not meet-the affordability requirements as stated below, the funds
used to assist with the purchase of said housing must be repaid to the City. HOME
funded first-time home buyer programs must remain affordable housing for minimum
periods of: 5 years where the per unit amount of HOME funds provided is less than
$15,000; 10 years where the per unit amount of HOME funds provided is $15,000 to
$40,000; and 15 years where the per unit amount of HOME funds provided is greater than
Page 2
$40,000.
1.3 Income Eligibility
1.3.1 The HOME Program uses the income definitions used in the Section 8 Program.
Annual income includes earned income, income from assets, and income from other
sources as defined by 24 CFR Part 5. Annual income is used to establish homeowner and
tenant eligibility and for the First-Time Homebuyer Program. Contractor shall use the
most current HUD Program Income Guidelines to determine program eligibility.
1.4 Housing Quality Standards
1.4.1 For all housing units acquired, rehabilitated and resold with HOME funds, the
Contractor is required to meet the most current HUD Housing Quality Standards (HQS),
as well as City of Fort Worth Rehabilitation Standards.
1.5 Independent Contractor
1.5.1 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 performing 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, members, agents, employees,
subcontractors, program participants, licensees or invitee.
1.5.2 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 or 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.
1.6 Termination
1.6.1 This Contract may be terminated by the City in the event of default, inability, or
Page 3
����9��ir►s G'f� G?D
f�
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. Likewise, the contract may be terminated by
Contractor if the City does not provide funds pursuant to this agreement. The contract
may be terminated for mutual convenience upon agreement of the parties.
1.6.2 The parties acknowledge 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
terminate this contract.
1.6.3 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 material breach, if Contractor fails to cure the material breach within the time
stated in the notice, this contract shall automatically terminate at the expiration of the
stated time allowed for cure.
1.6.4 Contractor will 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.
1.7 Venue
1.7.1 Should any action, whether real or asserted, at law or in equity, arise out of the
execution, performance, attempted performance or non-performance of this agreement,
venue for said action shall be in Tarrant County, Texas.
1.8 Written Instrument is Entire Agreement
1.8.1 All terms of this Contract shall apply to any and all subcontractors of Contractor
which are in any way paid with HOME funds or who perform any work in connection
with Contractor's Program.
1.8.2 The provisions of this agreement are severable, and, if for any reason a clause,
sentence, paragraph or other part of this agreement shall be determined to be invalid by a
court or federal or state agency, board or commission having jurisdiction over the subject
matter thereof, such invalidity shall not affect other provisions which can be given effect
without the invalid provision.
1.8.3 The failure of the City to insist upon the performance of any term or provision of
this agreement or to exercise any right herein conferred shall not be construed as a waiver
or relinquishment to any extent of the City's right to assert or rely upon any such term or
right on any future occasion.
Page 4
1.8.4 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 work and services to be performed under
this contract. Any prior or contemporaneous oral or written agreement which purports to
vary the terms of this Contract shall be void. Any amendments to the terms of this
Contract must be in writing and must be approved by each party to this Contract.
1.8.5 Paragraph Headings
1.8.6 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 Development HOME Investment Partnerships Program No. M-00- MC-48-
0204) for use as stated herein. The City will monitor the use of such funds to ensure
appropriate use of the funds. Funds shall be disbursed after execution of this contract and
compliance with the provisions therein. Disbursements from the HOME account for
actual acquisition will not be made until actually needed for payment. Advance for
payment of expenses will require completion of a "Request For Funds" form
(Attachment 1), and a copy of the property sales contract.
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
sum of Two Hundred Nine Thousand Five Hundred Forty Three Dollars and no/100,
($209,543.00).
2.2.2 Contractor will use One Hundred Eighty Thousand Dollars, ($180,000.00) of the
HOME funds granted to assist low income, first-time home buyers with disabilities to
purchase of a home by providing amortized and /or forgiveable, low interest or no
interest second mortgages for closing cost/downpayment assistance. If the property is
sold prior to the expiration of the affordability period, the second mortgage becomes due
and payable. The remaining Twenty Nine Thousand Five Hundred Forty Three
($29,543.00) will be available for operating support of the Program.
2.2.3 Contractor shall paid on an advance of funds basis for all expenses incurred under
Page 5
G'E(C-;UPD
Y Ua VV�!���I109 ULSLNe'
this Contract to pay for specific acquisition costs pertaining to property identified for the
purpose of this Program. Prior to the release of funds for closing cost/downpayment
assistance the property to be purchased must pass inspection by the City's Housing
Department inspectors evidenced by a complete inspection form (Exhibit E-City of Fort
Worth Housing-Closing Cost Assistance Checklist).
3 DUTIES AND RESPONSIBILITIES OF CONTRACTOR
3.1 Statement of Work, Budget and Time Line for Goals and Expenditures
3.1.1 Contractor will utilize Program funds to provide affordable housing opportunities
to persons with disabilities residing within the City of Fort Worth, Texas.
3.2 Budget
3.2.1 Contractor agrees that the HOME funds will be expended in accordance with
Exhibit B -"Program Budget". No change shall be made without prior written approval of
the City. Under no circumstances shall the total amount of HOME funds expended by
Contractor from funds paid by the City exceed Two Hundred Nine Thousand Five
Hundred Forty Three Dollars and no/100, ($209,543.00).
3.2.2 The funds from the City may be spent only to pay actual expenses for the deferred
payment loans for low and very-low income persons with disabilities to purchase homes
within the City.
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.
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. Repayments, 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, and must be used by the Contractor to assist other low income
home buyers to purchase homes. If repayments, interest or other returns on investment
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 HOME Investment Trust Fund.local
account. with Sections 92.503 (b) and 92.504 (c) (3) of the HOME regulations.
Page 6 s p� ^
ao
gni i
3.5 Affirmative Marketing
3.5.1 Contractor must adopt affirmative marketing procedures and requirements for all
HOME housing. The procedures and requirements must include methods for informing
the public, owners and potential home buyers about fair housing laws and policies so as
to ensure that all individuals, without regard for race, creed, nationality or religion, are
given an equal opportunity to participate in the Program. The Contractor will be solely
responsible for the effective marketing responsibilities necessary to achieve the
Contractors'production goals set forth in Paragraph 1.1.1 above.
3.6 Recapture Provisions
3.6.1 If the home buyer retains ownership of the property for the full period of
affordability, no recapture restrictions will apply.
3.6.2 Any sale of the property by the Contractor during the term of affordability will
requires repayment of the deferred payment loan or other subsidy in accordance with
Section 92.254 (a) (4) (ii) of the HOME regulations.
3.6.3 Contractor understands that these specific property recapture provisions are
applicable on HOME-funded properties, including the requirement that the purchaser
household must use the property as its principal residence. This requirement must be
incorporated in the property deed restriction or covenant running with the land. In
addition, the loan documents (Deed of Trust Note) should also incorporate this
requirement. The recapture provisions will remain in effect on property purchased with
HOME funds for the affordability periods described in Paragraph 1.2.2, above.
3.7 Records and Reports
3.7.1 Contractor will keep or cause to be kept an accurate record of all actions taken and
all funds expended, with source documents, in the pursuit of the objectives of the
performance of this contract. Such records shall be kept for the period of affordability
mandated by the Regulations.
3.7.2 Contractor will obtain and keep on file the following information on each client
served by the Program:
3.7.2.1 annual income and size of the household of which the client is a member;
3.7.2.2 ethnic group of the client, using one of the following five categories:
White, not Hispanic; Black, not Hispanic; Hispanic; Asian or Pacific Islander;
American Indian or Alaskan Native;
Page 7
QD
(°1Y
f 15x
3.7.2.3 whether the head of the client's household is male or female; and
3.7.2.4 additional statistical information as may be required by HUD regulations
and any amendments thereto.
3.7.3 Contractor will keep on file the following information and documentation
on each individual project:
3.7.3.1 proof that the project meets the applicable property standards;
3.7.3.2 the per unit amount of HOME dollars invested;
3.7.3.3 the compliance with the affirmative marketing requirements and existence
of acceptable procedures;
3.7.3.4 compliance with relocation requirements;
3.7.3.5 minority and female owned business data, and affirmative fair housing
actions;
3.7.3.6 compliance with lead based paint and Davis-Bacon requirements; and
3.7.3.7 compliance with conflict of interest rules.
3.7.4 By the 15th of each month during which this Program is supported by the HOME
Investment Partnerships Program funds provided under this Contract (to be construed as
including the use of any asset obtained through the expenditure of HOME funds),
Contractor will supply the City with a report detailing:
3.7.4.1 progress toward goal achievement(Exhibit F-Program Services); and
3.7.4.2 expenditure detail (Attachment I-"Request For Funds", Attachment II-"Detail
Statement of Costs" & Attachment III=`Expenditure Worksheet").
3.7.4.3 The amount of leveraging generated by this grant,including items that qualify as
HOME match.
3.7.5 Reports shall be submitted in the format specified by City.
3.8 Cost Principles
3.8.1 Contractor shall comply with the requirements and standards of OMB Circular
A-122, "Cost Principles for Non-Profit Organizations".
Page 8
10 LRD
rffr ClEflyy��rrFi�ffi, RV
�a ��C9Wo�15W.
3.8.2 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 CFR part 84 generally, with specific reference to OMB
Circulars A-128 and A-133 as appropriate. 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 the audit may be an allowable expenditure of federal funds in an amount
proportional to that of the federal funds used in Contractor's total agency operating
budget. Non-federal entities that expend less that $300,000 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, pass-through entity (City),
and General Accounting Office (GAO).
3.8.2 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 must 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).
3.8.3 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 reimburse the City the amount of such monies so misused, misapplied or
misappropriated, plus the amount of any sanctions, penalty or other charge levied against
City because of such misuse, misapplication or misappropriation.
3.9 Monitor Effectiveness of Services and Work
3.9.1 The City will review the activities and performance of each contractor and
subrecipient not less than annually as required in Section 92.504 (e) of the HOME
regulations.
3.9.2 Contractor agrees to fully cooperate with City in monitoring the effectiveness of
the services and work to be performed by Contractor's compliance with the terms of this
contract. The City shall have access at all reasonable hours to offices and records (dealing
with the use of the funds that are the basis of this contract) of Contractor, its officers,
directors, agents, employees, and subcontractors for the purpose of such monitoring.
Page 9
PY
3.9.3 Contractor agrees to likewise monitor the effectiveness of the services and work
to be performed by its subcontractors.
3.10 Compliance with All Applicable Laws and Regulations
3.10.1 Federal
3.10.1.1 Contractor agrees to comply with the following laws and the regulations
issued thereunder as they are currently written or are hereafter amended
during performance of this contract:
3.10.1.1.1 Title VI of Civil Rights Act of 1964 (42 USC 2000d et seq)
3.10.1.1.2 Title VIII of Civil Rights Act of 1968 (42 USC 3601 et seq)
3.10.1.1.3 Executive Orders 11063, 11246, as amended by 11375 and as
supplemented by Department of Labor regulations (41 CFR,Part 60)
3.10.1.1.4 Section 504 of the Rehabilitation Act of 1973 (29 USC 794)
3.10.1.1.5 The Age Discrimination Act of 1975 (42 USC 6101 et seq)
3.10.1.1.6 National Environmental Policy Act of 1969 (NEPA) and the related
authorities listed HUD's implementing regulations (24 CFR Part 58).
3.10.1.1.7 Immigration Reform and Control Act of 1986 (Pub. L. 99-603, 100 Stat.
3359, as amended) specifically including the provisions requiring
employer verifications of legal worker status of its employees
3.10.1.1.8 Housing and Community Development Act of 1987 (Pub. L. 100-242, 101
Stat. 1815, as amended)
3.10.1.1.9 The Americans with Disabilities Act of 1990 (42 USC 12101 et seq)
3.10.1.1.10 National Affordable Housing Act of 1990
3.10.1.2 Contractor, in the operation of its Program, will also comply with Office of
Management and Budget Circular A-122 and attachments and revisions thereto,
regarding principles for determining costs for HOME-funded programs.
3.10.2 Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
USC 1701
3.10.2.1 As the work performed under this Contract is on a project assisted under a
program providing direct federal financial assistance from the Department 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:
3.10.2.1.1 That, to the greatest extent feasible, opportunities for training and
employment be given to lower income residents of the project area, and
Page 10
�"�I "PECDOED
J, "y�1 ,1IJUYg Y 0
3.10.2.1.2 That, to the greatest extent feasible, contracts for work 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.
3.10.2.2 Contractor will comply with the provisions of said Section 3 and the
regulations issued pursuant thereto by the Secretary 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.
3.10.2.3 Contractor agrees that it will send to each labor organization or
representative of workers with which it has a collective bargaining
agreement or other contract or understanding, if any, a notice advising the
said labor organization or workers 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.
3.10.2.4 Contractor agrees that it will include the said Section 3 clause in every
subcontract for work in connection with the project and will, at the
direction of City, take appropriate action pursuant to the subcontract upon
a finding that the subcontractor is in violation of regulations issued by the
Secretary of Housing and Urban Development, 24 CFR 135. Contractor
agrees that it will not subcontract with any subcontractor where it has
notice or knowledge that the latter has been found in violation of
regulations under 24 CFR 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.
3.10.2.5 City and Contractor understand and agree that compliance with the
provisions of Section 3, the regulations set forth in 24 CFR 135, and all
applicable rules and orders of the Department issued thereunder prior to
the execution of this contract shall be a condition of the Federal financial
assistance provided to the project, binding upon City and Contractor, and
their respective successors, assignees and subcontractors. Failure to 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.
3.10.3 Clean Air Act; Clean Water Act; Environmental Protection Agency (EPA)
Page 11
j ICC""6t I E'E.501D
Gib � .
Acts and Regulations
3.10.3.1 This Contract is subject to the requirements of Section 306 of the Clean
Air Act, as amended (42 USC 1857(h) et seq.), Section 508 of the Clean
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, Part 15, as amended from time to time, and Executive Order
11738 (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:
3.10.3.1.1 A stipulation that no facility to be utilized in the performance of
nonexempt contract or subcontract work is included on the List of
Violating Facilities issued by the (EPA) pursuant to 40 CFR 15.20;
3.10.3.1.2 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;
3.10.3.1.3 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;
3.10.3.1.4 Agreement by Contractor that it will include or cause to be included the
criteria and requirements of this section in every nonexempt subcontract,
requiring that Contractor will take such action as City may direct as a
means of enforcing such provisions.
3.10.3.2 In no event, shall any amount of the assistance provided under this
Contract be utilized with respect to a facility which has given rise to a
conviction under the Clean Air Act or the Clean Water Act.
3.10.4 Other Laws
3.10.4.1 Contractor covenants and agrees that its officers, members, agents, employees,
program participants and subcontractors shall abide by and comply with all other laws,
(federal, state and local) relevant to the performance of this contract, including all
ordinances, rules and regulations of the City of Fort Worth and the Regulations.
Page 12
O(��O�cBlry S'ORD
U �) F'CG°al
Contractor further promises and agrees that it has read, and is familiar with, terms and
conditions of the Regulations under which funds are granted and that it will fully comply
with same. 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 immediately
desist from and correct such violation.
3.11 Prohibition Against Discrimination
3.11.1 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 or national origin, nor will Contractor permit its officers, members,
agents, employees, subcontractors or program participants to engage in such
discrimination.
3.11.2 During the performance of this Contract, Contractor agrees, and will require all its
subcontractors to agree, as follows:
3.11.2.1 Contractor will not unlawfully discriminate against any employee or
applicant for employment because of race, color, religion, sex or national origin.
Contractor will take affirmative action to ensure that applicants are employed and
that employees are treated fairly during employment without regard to their race,
color, religion, sex or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship.
Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
3.11.2.2 Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex or national origin.
3.11.3 In accordance with the policy of the Executive Branch of the federal government,
Contractor covenants that neither it nor any of its officers, members, agents, employees,
program participants or subcontractors, while engaged in performing this contract, shall,
in connection with the employment, advancement or discharge of employees or in
connection with the terms, conditions or privileges of their employment, discriminate
against persons because of their age or because of any handicap, except on the basis of a
bona fide occupational qualification, retirement plan or statutory requirement.
3.11.4 Contractor further covenants that neither it nor its officers, members, agents,
Page 13
5MCNA1 G11CNO AL
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.
3.11.5 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 employment 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.
3.11.6 This agreement is made and entered into with reference specifically to the
ordinances codified at Chapter 17, Article III, Division 3 ("Discrimination in
Employment Practices"), of the City Code of the City of Fort Worth, and Contractor
hereby covenants and agrees that Contractor, its officers, members, agents, employees
and subcontractors, have fully complied with all provisions of same and that no
employee, applicant or program participant has been discriminated against by the terms
of such ordinances by either the Contractor or its officers, members, agents, employees or
subcontractors.
3.12 Prohibition Against Interest
3.12.1 No member, officer or employee of City or its designees or agents; no member of
the governing body of the locality in which the Program is situated; and no other public
official of such locality or localities, who exercises any functions or responsibilities with
respect to the program funded hereunder during his tenure or for one year thereafter, shall
have any interest, direct or indirect, in any contract or subcontract, or the proceeds
thereof, for work to be performed hereunder. Contractor shall incorporate, or cause to be
incorporated, like language prohibiting such interest in all contracts and subcontracts
hereunder.
3.12.2 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 services purchased with any funds
Page 14
C0 ' Gly
transferred hereunder, except on behalf of Contractor, as an officer, employee, member or
program participant. Any willful violation of this paragraph with the knowledge,
expressed or implied, of Contractor or its subcontractors shall render this Contract
voidable by the City of Fort Worth.
3.12.3 No officer, employee, agent, consultant, elected official or appointed official of
the participating jurisdiction, Contractor or its subcontractors who exercised any
functions or responsibilities with respect to activities assisted with HOME funds or who
are in a position to participate in a decision making process or gain inside information
with regard to these activities, may obtain a financial interest or benefit from a HOME
assisted activity, or have an interest in any contract, subcontract, or agreement with
respect thereto, or the proceeds thereunder, either for themselves or those with whom they
have family or business ties, during their tenure or for one year thereafter.
3.13 Assignment
3.13.1 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 assignment of
same without approval shall be void, and shall constitute a breach of this contract. It is
agreed that the City has the right to inspect and approve in writing any proposed
subcontracts between Contractor and any subcontractor engaged in any activity in
conjunction with this HOME funded project prior to any charges being incurred.
3.14 Indemnity and Bonding
3.14.1 Contractor 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 agreement and/or the operations, activities and
services of the Program described herein, whether or not caused, in whole or in part, by
alleged negligence of officers, agents, servants, employees, contractors or subcontractors
of City; and Contractor hereby assumes all liability and responsibility of City and its
officers, agents, servants, and employees for any and all claims or suits for property loss
or damage and/or personal injury, including death, to any and all persons, of whatsoever
kind or character, whether real or asserted, arising out of or in connection with the
execution, performance, attempted performance or nonperformance of this contract and
agreement and/or the operations, activities and services of the programs described herein,
whether or not caused in whole or in part, by alleged negligence of officers, agents,
servants, employees, contractors or subcontractors of City. Contractor likewise covenants
and agrees to and does hereby 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
Page 15
with all acts or omissions of Contractor, its officers, members, agents, employees,
subcontractors, invitees, licensees, or program participants, or caused, in whole or in part,
by alleged negligence of officers, agents, servants, employees, contractors or
subcontractors of City.
3.14.2 Contractor will maintain a 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 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.
3.15 Waiver of Immunity
3.15.1 If Contractor, 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, Contractor 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.
3.16 Insurance Requirements
3.16.1 Commercial General Liability Insurance
$500,000 each occurrence
$1,000,000 aggregate limit
3.16.2 Business Automobile Liability Insurance
$1,000,000 each accident or 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 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 the course of Contract's business as contracted herein.
3.16.3 Directors and Officers Insurance
Optional (Highly Recommended)
Note: This insurance shall cover the Contractor and any associated Board of Directors
members.
Page 16
UD
VEX
3.16.4 Workers' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
$100,000 each accident/occurrence
$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 or rehabilitation. Coverage 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 subcontractors for each applicable subcontract.
3.16.5 Additional Requirements
Such insurance amounts to shall be revised upward at City's option and that
Contractor shall revise such amounts within (30) days following notice 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
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 the City of Fort
Worth as an additional insured as its interest may appear. Additional insure parties shall
include employees, officers, agents, and volunteers of the City of Fort Worth.
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 the
City of Fort Worth.
Any failure on part of the City to request certificate(s) of insurance shall not be
construed as a waiver of such requirement nor as a waiver of the insurance requirements
themselves.
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 Fort 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 any local,
federal or other regulatory insurance or bonding requirements for the housing program
addressed in this contract, should such requirements exceed those specified herein, the
Page 17
' ASU
t a
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 interests
may appear) on their respective insurance policies.
Contractor shall require its contractors to maintain builders risk 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.
3.167 Program Income Qualifications for Families
3.17.1 Contractor agrees to abide by HUD income guidelines, which are specific to the
type of project that is undertaken by the Contractor.
3.18 Certification Regarding Lobbying
3.18.1 The undersigned representative of Contractor hereby certifies, to the best of his or
her knowledge and belief,that:
3.18.1.1 No federally 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 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.
3.18.1.2 If any funds other than federally appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any
agency, member 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.
3.18.1.3 The Contractor shall require that the language of this certification be included in
all subcontracts or agreements involving the expenditure of federal funds.
IN WITNESS WHEREOF, the parties hereto have executed four copies of this contract in Fort
Worth, Tarrant County, Texas, this day of , A.D. 2001.
Page 18
'JG��fl'G�G�?�s �Nc D
1.:,.
ATTEST: CITY OF FORT WORTH
By:
City Secretary Dale Fisseler
Interim Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
Asst.City Attorney
UNITED CEREBRAL PALSY OF TARRANT
COUNTY, INC.
By:
Monica Prather, President/CEO
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 Dale Fisseler, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the
City of Fort Worth and that he executed the same as the act of said City of Fort Worth for the
purposes and consideration therein expressed and in the capacity therein stated.
Girl, UNDER MY HAND AND SEAL OF OFFICE this day of
—r ,A.D. 2001.
IC
KANADY
rotary Public Notary Public in and for the Sta of Texas
�"� t ly COTi'l E OF TEXAS
IE ome.Exp.FEB.11,2003
Page 19
61 FF�CVal li', V E ou RD
}
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 interests
may appear) on their respective insurance policies.
Contractor shall require its contractors to maintain builders risk 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.
3.17 Program Income Qualifications for Families
3.17.1 Contractor agrees to abide by HUD income guidelines, which are specific to the
type of project that is undertaken by the Contractor.
3.18 Certification Regarding Lobbying
3.18.1 The undersigned representative of Contractor hereby certifies, to the best of his or
her knowledge and belief, that:
3.18.1.1 No federally 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 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.
3.18.1.2 If any funds other than federally appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any
agency, member 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.
3.18.1.3 The Contractor shall require that the language of this certification be included in all
subcontracts or agreements involving the expenditure of federal funds.
Page 18
f �,,A
IN WITNESS WHEREOF, the parties er to have exe ted our opies of this contract in Fort
Worth, Tarrant County, Texas, this day of KY 'dL , A.D. 2001.
ATTEST: CITY OF FORT WORTH
�jeo�
" By:
-M4-�-4—
City Secretary `J Joe Paniag
Interim Ass start City ger
APP OVED A" —0 FORM AND LEGALITY:
Asst.'CitpAttomey
UNITED CEREBRAL PALSY OF TARRANT
d C� COUNTY, INC.
"ontract Authorization
Date
By-
Monica Prather, President/CEO
Page 19
c
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 Joe Paniagua, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the
City of Fort Worth and that he executed the same as the act of said City of Fort Worth for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
A.D. 2001.
P a AROSELLA BARNES
i * NOTARY PUBLIC N P State of Texas - ,�
Comm.Exp.03-31-2005 Notary Public in and for the State of Texas
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 Monica Prather, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of
United Cerebral Palsy of Tarrant County, Inc. and that she executed the same as the act of said
United Cerebral Palsy of Tarrant County, Inc. for the purposes and consideration therein
expressed and in the capacity therein stated as its duly authorized officer or representative.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
A.D. 2001.
CO? /PubC;TE Notary Public in and for the State of Tex s
Page 20
1058 CI L �2ECC-uEL
lr��'U �l;" ? G��(
I! In %c'-:4EN EN.
EXHIBITS AND ATTACHMENTS
EXHIBIT A-Program Summary
EXHIBIT B-Program Budget
EXHIBIT C-Program Timeline
EXHIBIT D-Independent Audit Requirement
EXHIBIT E-City of Fort Worth Housing-Closing Cost Assistance Checklist
EXHIBIT F-Program Services
ATTACHMENT I----Request For Funds
ATTACHMENT II----Detail Statement of Cost
ATTACHMENT III---Expenditure Worksheet
05MCNAL EE-0"D
Ir�� N�LS�v IP1iL511WW U - --
EXHIBIT A
PROGRAM SUMMARY
PROGRAM TITLE
UNITED CEREBRAL PALSY OF TARRANT COUNTY-CHDO PROJECT
2001 HOME-CHDO
Personal Services(Support Funds) $29,543.00
Supplies $0.00
Contractual Services (Closing Cost/Downpayment Assistance Funds) $180,000.00
Capital Outlay $0.00
TOTAL $209,543.00
DESCRIPTION:
United Cerebral Palsy of Tarrant County(UCP)will provide deferred payment, forgiveable, second
mortgage loans for closing cost/downpayment assistance to first-time homebuyers with disabilities.
The contract period begins on the date of execution and ends twelve months thereafter.
PROGRAM OBJECTIVES:
To provide a minimum of twelve(12)low income, first-time homebuyers with disabilities closing cost/
downpayment assistance to purchase a home.
PROGRAM MEASURES:
Total number of homebuyers assisted.
CNN trECG�EA,Q)y
EXHIBIT B
OPERATING BUDGET
UNITED CEREBRAL PALSY OF TARRANT COUNTY-CHDO PROJECT
EXPENSE CATEGORY Total CHDO Sid W. Other
Budget Budget Richardson Sources
1 year Grant
Personnel Services
Salaries $ 40,700.00 $ 18,100.00 $ 22,600.00
FICA 2,961.00 1,711.00 1,250.00
Life Insurance 370.00 185.00 185.00
Health Insurance 2,735.00 696.00 2,040.00
Unemployment-State 638.00 280.00 358.00
Unemployment-Federal 0.00 0.00 0.00
Workers'Compensation 114.00 42.00 72.00
Retirement 1,280.00 300.00 980.00
Supplies
Office Supplies 1,000.00 0.00 1,000.00
Postage 1,100.00 0.00 1,100.00
Teaching Aids 0.00 0.00 0.00
Office Furniture 1,800.00 1,800.00 0.00
Other 0.00 0.00 0.00
Contractural Services
Telephone 1,380.00 0.00 1,380.00
Electric 0.00 0.00 0.00
Gas 0.00 0.00 0.00
Water/Waste Disposal 0.00 0.00 0.00
Rent 3,960.00 1,500.00 2,460.00
Custodial Services 0.00 0.00 0.00
Copier 1,500.00 1,500.00 0.00
Other Equipment 2,000.00 0.00 1,200.00
Printing 1,800.00 1,000.00 800.00
Repairs 0.00 0.00 0.00
Fidelity Bond 750.00 750.00 0.00
Liability Insurance 300.00 0.00 300.00
Legal &Accounting 0.00 0.00 0.00
Private Auto Allowance 1,800.00 780.00 1,020.00
Conferences &Seminars 2,355.00 900.00 1,455.00
Other(Emergency Maintenance) 1,000.00 0.00 1,000.00
TOTAL $ 69,543.00 $ 29,544.00 $ 39,200.00
CUP;���� 1V���W
PROJECT TIME-LINE
Exhibit C
Organization: United Cerebral Palsy of Tarrant CountV.Inc. Program: CHDO Project
Activities Month Month Month Month Month Month Month Month Month Month'Month Month
s0}11
PROJECTED PERFORMANCE
Market Program X X X X X X X X X X
HOYO Orientation X X X X X X X X X X
Identify Potential Buyers X X X X X X X X X X
Qualify Buyers X X X X X X X X X X
Homebuyer Counseling X X X X X X X X X X
Loan.Application X X X X X X X X X X
Request Environmental Review X X X X X X X X X X
Request Property Inspection X X X X X X X X X X
Execute Exhibit A to Sales Contract X X X X X X X X X X
Secure Mortgage Financing X X X X X X X X X X
Provide Soft Second Loan X X X X X X X X X X
Close on Property X X X X X X X X X X
?)
�S-)) x
tC�
or
C» C.
�� Cr
Exhibit D
INDEPENDENT AUDIT REQUIREMENT
BUSINESS /AGENCY NAME: G /
ell
PROGRAM: ,,.,. �c.��
AMOUNT FUNDED: oZ O f -,S?..l
Name of Independent Auditor who will perform the agency audit:
Date audit is to be performed:
The folloiVing language is a condition of your contract with the City:
"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 CFR part 84 generally,
with specific reference to OMB Circulars A-128 and A-133 as appropriate.
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.
Costs of preparation of the audit may be an allowable expenditure of federal
funds in an amount proportional to that of the federal 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
requirements 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)."
_ ' b
Signature Date
ORCB I PECOARD
C D7v Nf"C_Rma ly
R W11-50 7H, TE.
EXHIBIT E
CITY OF FORT WORTI. 10USING - CLOSING COSTS A !STANCE CHECKLIST
Name of Contact: Telephone#
Beeper ft Mobile# FAX ft
Buyer's Name: Address of Property:
The inspection by the City of Fort Worth Housing Department helps to ensure that the property meets the minimum qualifications for
funding provided through the Closing Costs Assistance Program.Please read the following statements carefully:
We do not make guarantees,warranties,representations,or insure the future performance or condition of any inspected item.
We do not inspect any item we cannot see in a normal inspection.We do not move furniture,rugs,paintings,or other furnishings.We do not
uncover buried pipes.We cannot see items covered by wall paper,flooring,repairs or remodeling that may hide evidence of prior damage or
defects.
We do not dismantle equipment to inspect component parts,such as HVAC and kitchen appliances.
Inspections
(1) (2) Comments
1. [ ] [ ] All utilities were on and all appliances that are to remain in the property and would be covered by
a home warranty, are in good working condition
2. [ ] [ ] Property has operable smoke detectors.
3. [ ] [ ] Water heater is properly vented and has a pressure relief valve with a discharge line that drains
to the exterior.
4. [ ] [ ] Bathrooms have a window that opens or a working exhaust vent system.
5. [ ] [ ] Exterior doors are solid core/metal insulated,free of holes, are weathertight, and have workable
locks
6. [ ] [ ] All plumbing including fixtures are in good working condition,properly installed,and fine of
leaks
7. [ ] [ ] All walls and ceilings are free of holes and major cracks
8. [ ] [ ] All electrical wiring is properly installed and covered. Wiring that is exposed is enclosed
in conduit
9. [ ] [ ] Adequate number of GFI outlets as required by Code
10.[ ] [ ] Heating and air-conditioning units are in good working condition and properly vented
11. [ ] [ ] No peeling paint is evident on the interior or exterior
12. [ ] [ ] Floors are free of badly damaged floor coverings,tile,or sheet goods
13. [ ] [ ] All windows are in sound condition,weather-tight,free of broken or cracked panes,and have
workable latching devices if required
14. [ ] [ ] Roof appears to be in sound condition
15. [ ] [ ] Electric service to structure appears adequate
16. [ ] [ ] Foundation appears to be in good condition.
Housing Department Inspector (1"Inspection) Housing Department Inspector (Y° Inspection)
Printed Name: Printed Name
Signature Signature
Date Approved Disapproved Date Approved Disapproved
(See Addendum )
Phone# Our report cannot and does not represent the operation
Mobile # of any items after this date and time of Jh •' on
Housing Department Telephone # (817) 871-7540 / Fax 871-7328 US/9
EXHIBIT F
PROGRAM SERVICES
MONTH REPORTING
FROM: TO.-
I .
O:I . ACCOMPLISHMENTS PROGRESS PROGRESS
GOALS THIS MONTH TO DATE ACCCMPUSE3ED
II. ADDITIONAL COMMENTS REGARDING ACCOMPLISHMENTS THIS MONTHS:
III. PROBLEMS ENCOUNTERED AND SOLUTIONS PROPOSED:
IV. ANTICIPATED ACTIVITIES DURING NEXT MONTH:
JFFKC "�'l� u-,I ORDD
0
ATTACHMENT T
CITY OF FORT`NORTH
HOUSING DEPARTMENT
REQUEST FOR FUNDS
Agency Program Name:
Contract Number: Report Period:
Contract Amount:
Date of Request:
�SECT[ON I:(AGENCYJ t' _ '_-�•
Currenf lon k ,..;z`Cuniulafrve
._. .._,. �.. ., .. ..w.' '�- -•ti:.xa.-r.-r. .:..w....-..:. ,x.�......_7-.,I..'i.�,r-...
CASH BALANCE ANALYSIS FOR APR
1. Be-inning Cash Balance S S
2. Amount Received:
Program Income S S
City of Fort Worth S S
Interest Earned S S
3. Total Funds Available(1 +2) $ S
4. Less Expenditure(detail statement cost)_ S $
5. ENDING CASH BALANCE (3-4)°'- $
._ ;.:._.t .'_}'f :{. '�•:Vit.:: a: `;r.' ,4;`' '�i'' -
Operafmg Cos{ , °'r- „ . K ` `�
•a`•.: �'4 '.7. ..:: �::Y.:x' `�.S,:t.:.b^�.i`,FiiiF'..�:•4Lli'. •�,"..�.1.. 'r;I JF ,:: �
-•.a.::Y.. rr. a:-•_a :ai,.i'a.:..�sS:... ....J..$J+L .,� �"bat7s.` ., ..�+Y►''.`3a' .•�o'i:. .. ... -.
6. Estimated Expenditures S
7. Funds Needed(6-5) S
S. Less Estimated Program Income S
9. Unpaid Request for Payment Previously Submitted S
10.Amount of This Request(7-8 &9) $
'TOTAL`AMOUNT)7 �t1� T IrD p � ur .. /
�... !. . .v..-)..5...s '� .+iY }-Y•` .. ..CY_... ..a...:. _ .'4
SECTION II IT 1 '' '' �� .- r�,� r o. * "
• \• .... ran Pi.�4t�-.-+ $ S: L�G�yi"$w-nr$ �.r_:u° :j aS.ers . ..._. ,ice'_
1. -MARS-Purchasing Request
A. MARS INPUT: Vendor/PO Number/Requisition Number
B. Fund/Account/Center
C. Total Amount of this Request.
SECTVE AM'
ION III �y, � aM
e".n '0001, ... ._r_.` 1�..s., ::•:::.',.. :r...F. ._.:.
1. Verification
A. MARS-Purchasing:
B. Contract Manager:
(same)
C. Accounting: /
2. Authorization
A. Agency: /
(.ama)
B. Mgmt& Budget
Administrator
Housing Director
IF O VE K 5-1,500.00 (Name) '
u�Cu@
1"Iff MONS,IN0
ATTACHMENT II
CITY OF FORT WORTH
HOUSING 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
PERSONAL SERVICES
Salaries 516010
1,'ICA 515010
Life Insurance 515050
11ealth Insurance 518060
Unemployment-Federal 518090
Unemployment Tax-State 518090
\Worker's Comp 518040
Retirement 518070
SUPPLIES
Office Supplies 521010
Postalze 521020
.1'eaching Aids 522030
Food Supplies 522030
Other Operating Supplies 523300
CONTRACTUAL SERVICES
Telephone 535040
L'Iectric 535020
Gas(Utility) 535010
\Wnter.'Waste Disposal 535030
Rent(Building) 537010
Custodial Services 539220
Office Equipment Rental 537030
Printing 533030
Repairs 53600
f=idelity Bond 538210
Liability Insurance 534020
Leeal g Accounting 538060
Private Auto Allowance-Local 532130
Advertising 533010
Conferences R Seminars 531 180
Contractual Services--Land Aeq. 539120
Indirect Cost 517010
CAPITAL OUTLAY
Furniture.Fixtures 541330
Oflice Equipment 541370
Property Insurance
TOTAL
SUb-Contractors CertiFcation: I certify that the costs incurred are taken from the books of accounts and that such costs are valid
and consistent with the teens of the agreement.
\:1�IE and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
1G?D
�! Il• L''"!''j 11
Attachment III
CITY OF FORT WORTH
HOUSING DEPARTMENT
CONTRACT MANAGEMENT OMStON
EXPENDITURES WORKSHEET
Y REPORT PSq=
Vu CONTRACT NO. DATE OF FEC4JEST
DATE CHECK NO. PAYEE DESCRIPTION ACCOUNT NO. AMOUNT
1
TOTAL
NAME-)d TITLE OF AUTHORaED OFFICER SIGNATURE and DATE
MUELMMod
City of Fort Worth, Texas
4vagor And council 4:0nmolunication
DATE REFERENCE NUMBER LOG NAME PAGE
8/9/01 **C-18694 05UCP 1 of 2
SUBJECT YEAR 2001 HOME FUNDING FOR UNITED CEREBRAL PALSY OF TARRANT
COUNTY
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize reallocation of $209,543.00 in FY2001 HOME Funds in order to contract with United
Cerebal Palsy (UCP) of Tarrant County; and
2. Authorize the City Manager to execute a contract not to exceed a total of$209,543.00 in Fiscal Year
2001 Home Investment Partnership Program (HOME) funds with United Cerebral Palsy of Tarrant
County to implement its project in the amount of:
a) $180,000.00 to fund a Closing Cost/Downpayment Assistance Program to assist persons
with special needs to become homeowners; and
b) $29,543.00 in housing support funds to assist UCP of Tarrant County with payment of
operating costs; and
3. Authorize the performance period on the contract to begin on the date of contract execution, and
expire twelve months thereafter; and
4. Authorize extension or renewal of the contract for up to one year, if UCP requests an extension; and
5. Authorize the City Manager to amend the contract, 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 program is intended to be a partnership between federal, state, and local governments and
non-profit and for-profit agencies that 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 of 15% of a PJ's HOME funds must be
set-aside to be used for Community Housing Development Organizations (CHDOs), and up to 5% may
be set aside to fund CHDO 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. Department of Housing and Urban Development.
For the City of Fort Worth, the total HOME funding allocation for Fiscal Year 2001 is $3,062,000.00.
The mandatory minimum 15% set-aside for qualified CHDO projects is $459,300.00, and 5% allowable
for operating expenses is $153,100.00, for a total of $612,400.00. In addition, there is a carryover
amount of $359,509.93 in CHDO program funds and $147,338.67 in CHDO support funds from
previous years, for a total of $506,848.60. Total CHDO funding available from all sources for Fiscal
Year 2001 is $1,119,248.60.
City of Fort Worth, Texas
4vayor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
8/9/01 **C-18694 05UCP 2 of 2
SUBJECT YEAR 2001 HOME FUNDING FOR UNITED CEREBRAL PALSY OF TARRANT
COUNTY
On June 13, 2001, a meeting was held with City of Fort Worth certified CHDOs regarding the CHDO
funds available for proposal application. In response to this solicitation, the following proposal was
received on June 21, 2001:
Program Support
Agency Scope of Work Funds Funds Total Funds
UCP of Tarrant County Closing Cost/Downpayment
Assistance (12 homes) $180,000.00 0.00 $180,000.00
Operating funds 0.00 $29,543.00 $ 29,543.00
TOTAL $209,543.00
UCP of Tarrant County is proposing a continuation of their existing program, which will allow the
organization to assist individuals and families with disabilities to become homeowners. UCP will
provide twelve soft second lien loans by leveraging $100,000,000.00 that has been set aside
nationwide for mortgage money for the Home of Your Own (HOYO) Program., UCP currently has four
approved homebuyers awaiting the availability of CHDO funds.
UCP provides services in ALL COUNCIL DISTRICTS.
On July 10, 2001, the Safety and Community Development Committee approved this recommendation.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the Grants Fund.
DF:n
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
1)GR76 539120 005206698070 $ 29,543.00 APPROVED
Dale Fisseler(Acting) 6140 1)GR76 539120 005206698080 $180,000.0() CITY COUNCIL
Originating Department Head:
Jerome Walker 7537 (from) AUG 9 2001
1)GR76 539120 005206698020 $ 29,543.01) ,>
Additional Information Contact: 1)GR76 539120 005206698030 $180,000.00
2)GR76 539120 005206698070 $ 29,543.00 City Secretary of the
2)GR76 539120 005206698080 $180,000.00 City of Fort Worth,Texas
Jerome Walker 7537