HomeMy WebLinkAboutResolution 1736EXHIBIT B
by the City of Fort Worth, Texas
Regarding Technical Assistance from
The Enterprise Foundation
Whereas, the fnterprlse Foundation, inc. ('Enterprlse~ with !ts principal
• office located at 505 American City BuUding, Co/umb/a,
Maryland 29044, !s a 509(c)(3) tax-exempt public charity
Involved In providing technical assistance !n furtherance of
the development of low and moderate-Income housing and
the linkage of related community services; and
Whereas, the U.S. Department of Housing and Urban Development
(`NUDE has entered Into a Cooperative Agreement with
Enterprise which requires Enterprise to provide technical
assistance to Community Development Block Grant ('CDB G~
entitlement metropolitan cities or urban count/es (as defined
• In Title 9 of the Housing and Community Deve/opmenf Act of
9974) In support of pub!!c-private partnerships for affordable
housing• and
Whereas, the Cooperative Agreement between HUD and Enterprise
provides for partial remuneration to Enterprise for the
` aforementioned techhical assistance;• and
Whereas, Fort Worth is an entitlement cdy participating /n the
Community Development Block Grant Program; and
Whereas, Fort Worth wishes to be a recipient of the technical assistance
In support of publlaprlvate partnerships for affordable housing
to be provided by the fnterprlse Foundation and work with
fnterprlse In developing a public-private partnership for
affordable housing /n this community,•
NOW, THEREFORE, BE R RESOLVED:
That the City Counc!! of Fort Worth approve the partlcfpatlon of the Cify of fort Worth in
an effort to establish a pubUC-private partnership for affordable housing; and
That the City of Fort Worth shall enter Into all necessary agreements with the fnterprlse
• Foundation In furtherance of the development of apublic-private partnership for
afforc~~g~~~~6~lr~r ,including the provision of technical assistance from Enterprise through
the~~er~ttl~lLAgreement wlih the U.S. Department of Housing and Urban
De }}~~!!
RESOLUTION Adopted Resolut~~n Ivu,
JUL 2 1991
1~ 9Vcx~~.,,
10
Qty Seoxetaxp of the
C{tp of Fort Waxlh, Tezol
Mayor Kay Granger Date
MEMORANDUM OF
THIS MEMORANDUM OF IINDERSTANDING (the "Memorandum") is entered
into as of this 1st day of May, 1991 by and between Tarrant County,
~ Texas, the City of Fort Worth, the City of Arlington (the
"Communities"), the United Way of Metropolitan Tarrant County,
having its principal place of business at 210 East Ninth St. Ft. •
Worth, Texas 76102-6494 and The Enterprise Foundation, Inc.,
having its principal place of business at 500 American City
Building, Columbia, Maryland 21044.
WHEREAS, The Enterprise Foundation, Inc. ("Enterprise") is a
501(c)(3) tax-exempt public charity involved in providing technical
assistance in furtherance of development of low- and moderate-
income housing and linkage of related community services; and
WHEREAS, the U.S. Department of Housing and Urban Development
("HUD") has entered into a Cooperative Agreement with Enterprise
which requires Enterprise to provide technical assistance to
Community Development Block Grant ("CDBG") entitlement metropolitan •
cities or urban counties (as defined in Title I of the Housing and
Community Development Act of 1974) in support of public-private
partnerships for affozdable housing; and
WHEREAS, the Cooperative Agreement between HUD and Enterprise
provides for partial remuneration to Enterprise for the
aforementioned technical assistance; and
WHEREAS, Tarrant County, Fort Worth and Arlington are each aN
entitlement metropolitan city or urban county currently
participating in the Community Development Block Grant program (as
defined in Title I of the Housing and Community Development Act of
1974); and
WHEREAS, the Communities and the United Way wish to be
recipients of the technical assistance in support of public-private
partnerships for affordable housing to be provided by Enterprise
and work with Enterprise in developing a public-private partnership
for affordable housing in this community; and
WHEREAS, Enterprise has made an initial assessment of the
viability of a public-private partnership for affordable housing in
the Communities; and
WHEREAS, Enterprise, HUD and the Communities have determined .
that a public-private partnership for affordable housing in the
Communities is feasible and the Communities and the United Way
should undertake the development of such a public-private
partnership with the assistance of Enterprise;
.NOW, THEREFORE, for the promises set forth herein and other
good and valuable consideration~Enterprise, the Communities and the
United Way agree as follows: .
1. Scope of Work
Enterprise will provide technical assistance to the
Communities as'follows:
• a. strategic Planning Process .and Plan
Enterprise will help implement the countywide goals of
The Affordable Housing Task Force of The United Way of
Metropolitan Tarrant County, apublic/private partnership
aimed at revitalizing distressed residential
neighborhoods, increasing financial resources for
affordable housing, increasing production of affordable
housing and raising the capacity of nonprofit housing
producers. It will make suggestions regarding the
appropriate organizational structure for implementing the
goals of the public-private partnership, help develop and
plan the structure, and help determine its role and how
}t will relate to other existing and potential
participants in the city's low- and moderate-income
• housing programs.
Enterprise will work with local leaders to develop a
strategic planning process and a strategic plan. The
strategic plan will include, .but not be limited to, the
following:
o a description of local housing conditions,
• demographics and income characteristics, defining
the need for rehabilitation or new construction
and/or lower rents or sales prices as well as the
need for counseling and support services;
o a delineation of the target population and
geographic area;
o a statement of long- and short-term goals, tied
into Comprehensive Housing Affordability Strategy
goals;
o a description of the program approaches and/or
projects to be carried out over the next several
years;
o an identification of the public, private -and
nonprofit entities which will deliver the proposed
~ • housing services and a statement of what technical
assistance. and training will be needed to ensure
that those organizations can effectively and
efficiently deliver such services;
o a budget of the administration and program costs
and resources for the partnership-sponsored
program;
b.
o an organizational plan and budget for the
partnership itself, including a description as to
how it will become financially self-sustaining;
o an identification of all existing saurces of
project funding, a set of proposals to improve the
terms and utility of existing sources and to open
up new sources of short- and long-term debt
financing and of equity from the public and private
sectors; and
o arrangements to ensure that counseling and other
supporting social services will be available to all
households for whom housing assistance is provided.
Training
Enterprise will provide training to the participants in
the public-private partnerships and nonprofit housing
development corporations in the Communities. Enterprise
will incur a majority of the tuition costs for the
participants, and the United Way will contribute
$2,20 toward the training tuition costs. Training will
include:
o Three (3) three-day training technical sessions for
staff of partnerships and personnel of nonprofit
' housing organizations and local government directly
supporting the work of the partnership. The
objective of the training will be the dissemination
of important technical skills and knowledge
regarding housing development as well as the
transfer of experiences and information among
partnership participants. The topics will be:
-Housing construction management
-Acquisition and rehabilitation of single-family
homes for resale
-Business Planning for Nonprofit Housing Group
o A Project Development Program, consisting of four,
3 1/2 day workshops delivered by the Development
Training Institute of Baltimore consisting of
intensive training in organizational development
and the skills required to package a specific low-
income housing project.
Training will be highly integrated with Enterprise's on-
site project-specific technical assistance.
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c. Capacity Building. of Nonprofits
Enterprise will provide intensive technical assistance to
help the public-private partnership become a fully
operational, effective, self-sustaining force to
facilitate low- and moderate-income housing and community
development in the Communities.
Capacity building will flow directly out of organizing
• the partnership and developing the strategic plan.
Enterprise will concentrate on helping the partnership
organization provide assistance to affiliated nonprofit
housing organizations, which , will be the actual
developers of housing, in the following ways:
o Ensure sound internal management practices and
workplans
o Mobilize and channel financing
o Understand housing financing and construction
• management
/ o Effectively market and manage completed housing
and to ensure that tenants and homebuyers are
appropriately counseled and have access to needed
support services.
A major technical assistance task will be to help
participants sort out and clarify the roles of various
funding, advocacy, development and manag~nent
/ organizations participating in the partnership, and~~elp
all participants agree on strategy, the objective being
to develop a system that will continue to expand and
improve after the HUD contract is complete.
d. Project-Specific Technical Asafatanae
As part of its strategic plan, the public-private
partnership to be established will develop its initial
projects. Enterprise will provide on-site technical
assistance to execute these projects.
A more detailed description of the initial activities to
be undertaken and the time frame in which they will be
undertaken is attached hereto as Exhibit A.
~ i 2. Authority of The Communities
The Communities are undertaking the development of a public-
private partnership, as contemplated herein, with the full approval
and authority of their respective highest elected official and
their legislative bodies, as reflected in Resolutions of those
bodies, attached as Exhibit B.
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3. Time of Performance
a. Work hereunder shall commence on May 1, 1991.
b. All technical assistance to be provided hereunder shall
be completed no later than September 30, 1993.
Cost and Payment
a. It is estimated that HUD will reimburse Enterprise for a
minimum of sixty (60) eight-hour staff days for work to
be undertaken pursuant to this Memorandum, plus related
travel and other expenses.
b. Additional staff time will be necessary to complete the
work contemplated herein beyond the time to be paid for
by HUD. The United Way of Tarrant County agrees to pay
a maximum of $20,000 for this work, including related
travel and other expenses. Up to this limit, the United
Way will be billed for staff time, including consultants
engaged by Enterprise to assist Enterprise in completing
the work hereunder, as set forth in Exhibit C, attached
hereto, and necessary and reasonable travel and other
related expenses. The United Way will be billed for
costs attributed to their obligation hereunder during the
entire term of this Memorandum.. In general HUD-eligible
costs will be billed first to HUD and then to the United
Way. Non-eligible costs such as certain consultants,
will be billed to the United Way.
c. Enterprise will bill the United Way quarterly for all
time and expenses incurred under this Memorandum.
Payment to Enterprise is required to be made within
thirty (30) days of the date of said bill. Included in
the United Way payment for services hereunder is a fee of
$2,200 towards the training component discussed in
Section 1(b). That fee will be included in Enterprise's
initial billing to the United Way.
d. There shall be no costs billed by Enterprise to the
Communities under this Memorandum.
5. Rey Personnel
Peter Werwath will be the Enterprise Project Director under
this Tarrant County Program. Patricia Ward (Tarrant County),
1 Sandra Gonzales (Fort worth) and Charles Clawson (Arlington)
will be the lead Community representatives under this
Memorandum. Rene Moquin will be the United Way's lead
representative under this Memorandum. All formal
communications between the Communities, the United Way and
Enterprise, including but not limited to, amendments to this
Memorandum and deviations from the Scope of Work, should be
sent directly .to these individuals.
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•
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6. Subcontracting
The Communities and the United Way acknowledge and agree that
Enterprise may subcontract some or all of the work hereunder
to subcontractors with the necessary technical expertise to
undertake the work to be performed.
7. Publications sad News Releases
a. Definitioa. For the purpose of this clause,
"publication" includes:
(i) Any document containing information for public
consumption; or,
(ii) The act of, or any act which may result in,
disclosing information to the public.
b. The results of this effort are planned to be made
available to the public through dedication, assignment by
HUD, or such other means as the Secretary of HUD shall
determine.
c. Government Ovnerahip of Official Products of Work
• All interim and final reports and information, data
analyses, special methodology, findings, and their
- related documents and work products, including reports,
work sheets, survey instruments, computer tapes, and any
other physical materials and products produced directly
. under this Memorandum are considered Official Products of
Work, owned by the U.S. Government and held for the
benefit of the public.
d. Publication of Official Products of Work
Official Products of Work, quotations therefrom, para-
phrasing, or disclosures of interim findings may not be
published without the approval of HUD, through
Enterprise, for a period of sixty (60) days after
acceptance of the product by HUD. Thereafter, the
Communities, the United Way or Enterprise shall be free
to publish without HUD approval.
e. Acknowledgement and Disclaimer
All Official Products of Work, or any part thereof, and
~ ~ any independent products and special products arising out
of this Memorandum, when published by the Communities,
the United Way or Enterprise or other participants in the
work, shall contain the following acknowledgement and
disclaimer:
"The work that provided the basis for this publication
was supported by funding under a grant with the U.S.
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Department of Housing and Urban Development. The
substance and findings of the work are dedicated to the
public. The author and publisher are solely responsible
for the accuracy of the statements and interpretations
contained in this publication. Such interpretations do
not necessarily reflect the views of the Government."
f. Notiae of Neer Releases and Public Announcements
Two cogies of all press releases, formal announcements,
and other planned, written issuances containing news or
information concerning this undertaking that may be made
by the Communities, the United Way or other organizations
participating in the work hereunder shall be provided to
HUD, through Enterprise, at the earliest possible time.
News releases and other public announcements may not
disclose any interim finding or quote or paraphrase any
part of any Official Product of Work without complying
with paragraph e. above.
8.
HUD's substantial involvement
HUD intends to have substantial involvement in the review and
approval of all aspects of work undertaken pursuant to this
Agreement. HUD's involvement will include, but not be limited
to, evaluation of the technical assistance provided, project
structure and approach. The Communities and the United Way
agree to cooperate with HUD in its efforts to review, approve
and evaluate the work undertaken pursuant to this Memorandum.
.the Communities specifically agree+~{to provide timely response
to any HUD inquiries, requests for information, questionnaires
or audits related to the work under this Memorandum or the
Cooperative Agreement between Enterprise and HUD, which is
partially funding the work hereunder.
~f~~
q:,~
10. construction
This Memorandum shall be construed, interpreted and applied
under and in accordance with the laws of the State of Texas.
11. Nonwaiver
The failure of Enterprise in any instance to insist upon
strict performance of the terms of this Memorandum or to
exercise any option hereunder, shall not be construed as a
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waiver or relinquishment for the future of such term or
option.
12. Parties Bound
The terms and provisions of this Memorandum shall be binding
upon the parties hereto, their legal representatives,
successors and assigns.
13. Assignment
The parties to this agreement recognize that the Affordable
Housing Task Force may evolve into an incorporated
organization that will succeed the United Way as the leading
private organization promoting the public/private partnership.
Upon written approval of all parties, the United Way may
assign all its rights and responsibilities under this
agreement to the successor.
14. Entire Agreement
This instrument contains the entire agreement between the
parties. No statement, promises or inducements made by any
party hereto, or agent of either party hereto, which is not
contained in this written contract, shall be valid or binding;
and this Agreement may not be enlarged, modified or altered
except in writing and signed by the parties.
iN WITNESS WHEREOF, the
and Enterprise has caused t
this Memorandum the day a
effective for all intents an
-~`~ ~ _...._.. Lfu~9s_.
Communities and the United way signed
o be properly executed on its behalf
nd year first hereinabove written,
d purposes as of May 1, 1991.
For Tarrant County
For The C ty of Fort Worth
For The City of Arl ngton
THE ENTERPRISE FOUNDATION, INC.
For The IInited Way of Metropolitan
,Tarrant County
EXHIBIT A
Activities to be Qndertaken
Activity Responsibility gimeframe
1. Strategic Plan EF/Task Force
a. Preliminary plan/budget
~ 5/91
b. Revisions 5/91 - 9/91
C. Final plan 9/91
2. Organization Task Force/EF advises
a. Legal organization 6/91 - 7/91
b. 501(c)(3) application 6/91 - 9/91
c. Recruit director 9/91
d. Set up accounting 7/91
e. Set up office 10/91
f. Hire director 10/91
g. Recruit/hire other staff 10/91 - 7/91
3. Financing ~ Task Force/EF advisers `•
a. Write proposals 6/91 - 9/91
b. Presentations/approvals 7(91 - 6/92
•
4. Technical assistance to EF/TCHP
nonprofits
a. EF technical assistance 5/91 - 9/93
b. Train TCHP staff 10/91 - 9/93
c. Transition - EF to TCHP 12/91 - 4/43
5. Classroom training EF/Task Force
- nonprofits
a. Outreach 6/91 - 6/92
b. Obtain travel funds. 9/91 - 9/91
c. Registration (EF) 7/91 - 1/93
d. Delivery (EF) 9/91 - 6/93
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a
.' EXHIBIT C
Asaiqned Staff and Conaultanta
~sonnel Title Daily
ate
ter Werwath Director, Training/Special Projects F$481.72
(Team Leader)
Rick Cohen Vice-president E-$591.55
Ron Wilson HUD Project Coordinator x$539.26
John Leith-Tetrault Senior Project Manaqer (Technical Specialist) $451.98
Barbara Cassell Director, Dallas Office (Technical Specialist) $451.98
Charles Price Development Specialist (Technical Specialist) $451.98
~inald Smith Construction Specialist (Technical Specialist) $451.98
Gene Buckle Development Specialist (Technical Specialist) $451.98
Additional staff and consultants at the Technical Specialist rate may be
added at Enterprise's discretion.
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