HomeMy WebLinkAboutContract 33795 CITY SECRETARY
CONTRACT NO.
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS contract ("Contract") is made and entered into by and between the Fort Worth
Housing Finance Corporation ("FWHFC"), whose address is 1000 Throckmorton St., Fort Worth
TX 76102, acting by and through Jerome C. Walker, its duly authorized Signatory Agent, and
South Hulen, L.P. ("SHLP"), a limited partnership by and between Candletree Homes, LLC, as
general partner and the Fort Worth Housing Authority ("FWHA") as Iimited partner, whose
address is P.Q. Box 430, Fort Worth, Texas 76101, acting by and through Barbara Holston, its
duly authorized Secretary. (Sometimes City and SHLP are referred to individually as a "Party"
and collectively as the "Parties").
WHEREAS, the City of Fort Worth ("City") has established the FWHFC under the
applicable state laws of the Texas Housing Finance Corporation Act to facilitate housing
initiatives within its City limits;
WHEREAS, FWHFC desires to promote activities that expand the supply of affordable
housing and the development of partnerships among the City, FWHFC, local governments, local
lenders, private industry and neighborhood-based nonprofit housing organizations;
WHEREAS, the City Council has adopted affordable housing stock revitalization as a
strategic goal and City citizens and the City Council have determined that the development of
safe, decent, and affordable housing is needed for moderate, low, and very low-income City
citizens;
WHEREAS, City has received a grant from the United States Department of Housing and
Urban Development ("HUD") through the HOME Investment Partnerships Program ("HOME"),
Program No. M-04-MC-48-0204, Catalog of Federal Domestic Assistance ("CFDA") No.
14.239, 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;
WHEREAS, the primary purpose of the HOME program("HOME Program")pursuant to
the HOME Investment Partnerships Act at Title II of the Cranston Gonzales National Affordable
Housing Act of 1990, as amended, 42 U.S.C. 12701 et seq. ("NAHA") and the HOME
Investment Partnerships Program Final Rule, as amended, 24 CFR Part 92 et seq. (the "HOME
Regulations" or "Regulations") is to benefit low and very-low income citizens by providing them
with affordable housing;
WHEREAS, on April 2, 2004, City and FWHFC entered into City Secretary Contract No.
29725 as authorized by M&C G-14086 adopted by the City Council on September 9, 2003, in
HOUSING DEVELOPMENT FUND—HOME FUNDS Page I
South Hulen,L.P. (Fort Worth Housing Authority) Rev.07-20-06
N � r,ia A��rY7
which City agreed to allocate certain of its HOME funds ("HOME Funds")to FWHFC to
establish the Fort Worth Housing Development Fund;
WHEREAS, FWHFC authorized the creation of the Fort Worth Housing Development
Fund Program ("HDF Program")to provide loans to non-profit and for-profit housing sponsors
for the preservation and development of housing;
WHEREAS, SHLP has applied to the Texas Department of Housing and Community
Development Agency("TDHCA") for Low Income Housing Tax Credits ("LIHTC")to
rehabilitate and reconstruct its 216-unit multifamily affordable rental project commonly known
as the Candletree Apartments;
WHEREAS, SHLP applied for an interim construction loan from FWHFC and the Board
of FWHFC approved the loan in a meeting held on July 11, 2006 utilizing a portion of City
HOME Funds allocated to the HDF Program.
NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH:
I. GENERAL PROVISIONS
A. Purpose
The express purpose of this Contract is to provide SHLP with HDF funds ("HDF HOME
Funds" or "HOME Funds") not to exceed SEVEN HUNDRED SIXTY THOUSAND AND
NO/100 Dollars ($760,000.00) in the form of a subordinate interim construction loan (the
"Loan") for eligible project costs for the rehabilitation and reconstruction of Candletree
Apartments, SHLP's affordable multifamily housing apartment complex located at 7425 S.
Hulen St., Fort Worth TX (the "Property") which will provide rental housing for low and
moderate income persons (the "Project"). The HDF Home Funds will be used for site work and
direct construction costs; all in accordance with the attached Exhibit "A" — Project Summary
and the term sheet dated May 26, 2006 between the Parties. This Contract is expressly
conditioned on the approval of SHLP's LIHTC application by TDHCA.
HDF HOME Funds must be used for eligible activities and costs in connection with the
Project set forth in the HOME Regulations including but not limited to direct development hard
costs, refinancing costs if applicable, and site work and other applicable costs directly related to
carrying out the Project. EIigible activities and costs may include those activities and costs
directly related to the Project that were incurred prior to the date of the execution of this
Contract. HDF HOME Funds will be disbursed to SHLP on a reimbursement basis upon SHLP's
request in accordance with established HDF policies.
FWHFC shall act through its Authorized Signatory Agent, the Director of the City's
Housing Department, or his or her duly authorized representative, unless otherwise stated in this
HOUSING DEVELOPMENT FUND—HOME FUNDS Page 2
South Hulen, L.P. (Fort Worth Housing Authority) Rev. 07-20-06
Contract. SHLP agrees to comply with the HOME Regulations including but not limited to the
Uniform Administrative Requirements, 24 CFR Part 92.505, and Subpart F, the Project
Requirements, 24 CFR Part 92.250 et seq. and any applicable City Codes and regulations.
B. Duration/Affordabili1y Period
This term of this Contract begins on the date of Loan closing and terminates two (2)years
thereafter except that the provisions relating to affordability shall remain in effect through the
applicable affordability period provided by the HOME Regulations, depending on the number of
rental units constructed under the Project.
The per-unit subsidy provided for in this Contract shall be set forth in more detail in
Exhibit "A" — Project Summary. Eleven (11) of the rental housing units developed by SHLP
will be considered HOME-assisted units and must qualify as affordable rental housing for a
period of fifteen (15) years (the "affordability period") from the date these units are set up in
HUD's Integrated Disbursement and Information System ("IDIS System") as required by the
HOME Regulations. These units, of which four (4) shall be two (2) bedroom units and seven (7)
shall be one (1) bedroom units, may "float" throughout the total number of units in the entire
apartment complex. Ninety percent of these units shall be affordable to tenants whose incomes
are verified as being at or below sixty percent (60%) of the area median income as defined by
HUD.
The eleven (11) rental housing units assisted under this Contract will remain affordable as
required by 24 CFR Part 92.252 of the Regulations. These affordability requirements will be
secured by a combination of subordinate Loan documents in favor of FWHFC as described
herein and the Land Use Restriction Agreement ("LURA") established and enforced by TDHCA
for the Low Income Housing Tax Credits.
C. Income Eli ibilit
The HOME Program uses the income definitions used by HUD's Housing Choice
Voucher Program. Annual income includes earned income, income from assets, and income
from other sources as defined by 24 CFR Part 5.609. Annual income is used to establish tenant
eligibility. SHLP shall use the most current HUD Income Guidelines and Technical Guidance
for Determining Income and Allowances to determine Project eligibility.
D. Tenant Rent and Selection
Rents charged to tenants in HOME-assisted units are subject to review and approval by
FWHFC. Under no circumstances may the maximum rental amounts charged to tenants of
HOME-assisted units exceed the lesser of. a) the HUD-established Fair Market Rent for existing
comparable housing units in the area; or b) thirty percent (30%) of the adjusted income of a
family whose annual income equals sixty five percent (65%) of the area median income with
HOUSING DEVELOPMENT FUND---HOME FUNDS Page 3
South Hulen,L.P. (Fort Worth Housing Authority) Rev. 07-20-06
�� •��'i��11�11(IU ��1
applicable adjustment for the bedroom size of the relevant housing unit. Rents may not exceed
the above amounts minus monthly allowances for utilities and services (excluding telephone)
established by FWHFC. FWHFC agrees to provide SHLP with copies of HUD-approved
schedules of maximum HOME rent levels as requested by SHLP.
SHLP must adopt written tenant selection policies and criteria that:
1. Are consistent with the purpose of providing housing for very low-income
and low-income persons;
2. Are reasonably related to Project eligibility and the applicants' ability to
perform the obligations of the lease;
3. Provide for a) the selection of tenants from a written waiting list in the
chronological order of their application, insofar as is practicable; and b) the prompt
written notification to any rejected applicant of the grounds for such rejection.
4. Ensure that holders of rental assistance subsidies (such as HUD's Housing
Choice Voucher or similar subsidy) are not excluded from renting a unit in the Project.
E. Lease
SHLP shall use a tenant lease that complies with the provisions in the HOME
Regulations, 24 CFR Part 92.253, regarding the following issues: length of lease terms,
agreement to be sued, treatment of property, responsibility of property owner, waiver of notice,
waiver of legal proceedings or jury trial or right to appeal, and whether the tenant is chargeable
with cost of legal action regardless of outcome.
F. Construction and Other Local Building Codes/ Standards.
Housing units constructed with HDF HOME Funds furnished under this Contract shall
meet City's Housing Minimum Quality Standards and all other applicable standards under City
Codes and ordinances.
G. Other Requirements
SHLP's limited partner FWHA or its affiliate or related entity shall pledge to FWHFC a
portion of its non-deferred development fee as further security for the Loan. SHLP will be
required to execute a Note and Deed of Trust ("Loan Documents") in the amount of the Loan in
conjunction with this Contract. The FWHFC's lien on the Property for the Loan shall be
subordinate to SHLP's first lien interim construction loan. The term of the Loan shall be twenty
four (24) months. The Loan shall be at an interest rate equal to the Federal Rate published in the
Wall Street Journal and shall be adjusted quarterly based on the rate published on the last
business day of the week immediately preceding each quarter. Interest shall be calculated based
on a 360 day year applied to the actual days on which there exists an unpaid balance on the Loan.
Interest shall be payable monthly beginning thirty (30) days from the date of Loan closing.
HOUSING DEVELOPMENT FUND—HOME FUNDS Page 4
South Hulen,L.P.(Port Worth Housing Authority) Rev. 07-20-06
Principal and accrued interest shall be due in full at the earlier of Loan maturity or the closing of
permanent loan financing for the Project. The Loan may be repaid at any time without penalty.
The Loan term may be extended by FWHFC in its sole discretion.
The Loan must be closed and funded within nine (9) months from the dated SHLP is
awarded the LIHTC by TDHCA. Construction shall begin within sixty (60) days of Loan
funding.
Repayment of the Loan shall not relieve SHLP of its responsibilities to maintain the
affordability of the HOME-assisted units for the required fifteen (15) year period as set forth
above. Further, all provisions of this Contract, and particularly those regarding the affordability
period, income eligibility, tenant rent and selection, lease form, and housing quality standards for
the designated HOME-assisted units, must be assigned to any new owner upon sale or transfer of
the Property.
SHLP shall maintain all appropriate documentation to demonstrate that the Loan funds
shall not be used for costs that are ineligible under the HOME Program, and that all such costs
are paid for by other funding sources.
The Parties acknowledge that the HDF HOME Funds paid hereunder are intended to
provide funding only for SHLP's Project-related site work and direct construction costs as
specified in the attached Exhibit"B" - Project Budget.
H. Independent Contractor
SHLP shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of FWHFC. SHLP shall have exclusive control of, and the exclusive right
to control, the details of the work and services performed hereunder, and all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, members, agents,
servants, employees, contractors, Project participants, licensees or invitees. The doctrine of
respondeat superior shall not apply as between FWHFC and SHLP, its officers, members, agents,
servants, employees, contractors, Project participants, licensees or invitees, and nothing herein
shall be construed as creating a partnership or joint enterprise between FWHFC and SHLP. It is
expressly understood and agreed that no officer, member, agent, employee, contractor, licensee
or invitee of SHLP, nor any Project participant is in the paid service of FWHFC and that
FWHFC does not have the legal right to control the details of the tasks performed hereunder by
SHLP, its officers, members, agents, employees, contractors, Project participants, licensees or
invitees.
FWHFC shall in no way nor under any circumstances be responsible for any property
belonging to SHLP, its officers, members, agents; employees, contractors, Project participants,
licensees or invitees, which may be lost, stolen, destroyed or in any way damaged; and SHLP
hereby indemnifies and holds harmless FWHFC and its officers, agents, and employees from and
HOUSING DEVELOPMENT FUND—HOME FUNDS Page 5
South Hulen,L.P. (.Fort Worth Housing Authority) Rev. 07-20-06 ��II ff'' I�flfljj{n�
n 5 F ry SVJi�UD
9
against any and all claims or suits pertaining or connected with such property.
I. Termination
FWHFC may terminate this Contract in the event of SHLP's default, inability or failure
to perform including failure to begin construction or otherwise whenever such termination is
determined by the FWHFC to be in the FWHFC's best interest. Likewise, this Contract may be
terminated by SHLP if FWHFC does not provide the HOME Funds set forth in this Contract.
This Contract may be terminated for mutual convenience upon agreement of the Parties.
FWHFC shall notify the SHLP in writing of any breach of this Contract, and specify a
reasonable time within which to cure the particular breach. If SHLP fails to cure the breach
within the time stated in the notice, this Contract shall automatically terminate at the expiration
of the stated time allowed for cure.
SHLP will return to FWHFC any unused HDF HOME Funds previously advanced under
this Contract within thirty (30) days of the effective date of Contract termination. FWHFC will
have no responsibility or liability for SHLP's expenditures or actions occurring after the effective
date of Contract termination. However, any applicable affordability requirements shall survive
the termination of this Contract and shall be governed by the HOME Regulations and the
provisions of the Loan Documents securing affordability.
J. Venue
Venue for any action, whether real or asserted, at law or in equity, arising out of the
execution, performance, attempted performance or non-performance of this Contract, shall lie in
Tarrant County, Texas.
K. Written Instrument is Entire Agreement
All terms of this Contract shall apply to any and all contractors of SHLP which are in
any way paid with HOME Funds or who perform any work in connection with SHLP's Project.
The provisions of this Contract are severable, and, if for any reason a clause, sentence,
paragraph or other part of this Contract shall be determined to be invalid by a court or Federal or
state agency, board or commission having jurisdiction over the subject matter hereof, such
invalidity shall not affect other provisions which can be given effect without the invalid
provision.
FWHFC's failure to insist upon the performance of any term or provision of this
Contract or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of FWHFC's right to assert or rely upon any such term or right on
any future occasion.
HOUSING DEVELOPMENT FUND—HOME FUNDS Page 6
South Hulen,L.P. (Fort Worth Housing Authority) Rev. 07-20-06
This written instrument and the exhibits attached hereto, which are incorporated by
reference and made a part of this Contract for all purposes, constitute 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.
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 FWHFC
A. Disbursement of Funds
FWHFC will furnish HDF HOME Funds for use as stated herein. FWHFC will monitor
the use of such funds to ensure appropriate use. HDF HOME Funds shall be disbursed on a
reimbursement basis after execution of this Contract and compliance with its provisions.
Payment to SHLP shall require completion of appropriate FWHFC forms, including but not
limited to Attachment 1 — Request for Funds, and copies of adequate supporting
documentation verifying the eligibility of expenses. Funding of draw requests will be based on
the extent of construction completion as approved after inspection by FWHFC representatives.
Reimbursement of eligible expenses shall be made against the line item budgets specified in
Exhibit "B" — Project Budget of this Contract (the "Budget"). SHLP may not increase or
decrease line-item amounts of the Budget without FWHFC's prior written approval. No
additional funds will be disbursed if FWHFC has not received the necessary financial reports that
account for previously disbursed HDF HOME Funds. Costs eligible for reimbursement may
include certain costs directly related to and in support of the Project, as verified by FWHFC,
which were incurred prior to execution of this Contract. To further the purposes of the Project
and only as requested in writing by SHLP, FWHFC may disburse funds to directly pay SHLP
vendors in accordance with the HDF Program Policy Statement and Program Guidelines.
B. Amount of Funds
It is agreed that the total distribution of HDF HOME Funds made available to or paid on
behalf of SHLP during the term of this Contract shall not exceed the total sum of SEVEN
HUNDRED SIXTY THOUSAND and N0/100 Dollars ($760,040.00).
3. DUTIES AND RESPONSIBILITIES OF SHLP
A. Statement of Work and Performance Objectives
SHLP will utilize HDF HOME Funds for site work and construction costs related to its
HOUSING DEVELOPMENT FUND—HOME FUNDS Page 7
South Hulen,L.P. (Fort Worth Housing Authority) Rev.07-20-06
iJ
FT. .id V�Ju l3 Y I�JKN
application for Low Income Housing Tax Credits to fund the rehabilitation and reconstruction of
its existing rental affordable housing apartment complex to produce housing units for lease to
qualified low-income tenants in accordance with Exhibit "A"—Project Summary.
B. Budget
SHLP agrees that the HDF HOME Funds will be expended in accordance with the
attached Exhibit "B" — Project Budget. No change in the Budget shall be made without
FWHFC's prior written approval.
SHLP shall demonstrate to FWHFC's satisfaction that the HOME Funds are leveraged by
other funding sources, including LIHTC proceeds.
C. Time Line for Goals and Expenditures
SHLP shall work in accordance with the schedule set forth in the attached Exhibit "C" -
Project Implementation Timeline and ensure that Project goals and expenditures correspond
with the completion of the Project.
D. Reversion of Assets
SHLP agrees to return to FWHFC any HDF HOME Funds, or property acquired with
HDF HOME Funds, remaining on hand at the end of the Contract. If repayments, interest or
other returns on investment attributable to HDF HOME Funds are received after the end of the
term of this Contract, they shall be returned to FWHFC to be deposited in accordance with
HOME Regulations.
E. Affirmative Marketing
SHLP must adopt affirmative marketing procedures and requirements for all HOME-
funded housing. The procedures and requirements must include methods for informing the
public, owners and potential tenants about Fair Housing laws and policies so as to ensure that all
individuals, without regard for race, color, religion, sex, national origin, familial status or
disability, are given an equal opportunity to participate in the Project. SHLP will be solely
responsible for the effective marketing responsibilities necessary to achieve SHLP's Project
goals.
F. Provisions to Secure Affordability Period
1. FWHFC's interest in preserving the HOME-required affordability period for the
HOME-assisted units will be secured by a combination of the subordinate Loan documents
referenced herein, and the Land Use Restriction Agreement ("LURA") established and enforced
by TDHCA for the Low Income Housing Tax Credits. For each year during the affordability
HOUSING DEVELOPMENT FUND—HOME FUNDS Page S
South Hulen,L.P.(Fort Worth Housing Authority) Rev. 07-20-06
period, SHLP shall furnish FWHFC with true and correct copies of its annual compliance report
to TDHCA by March 1 of the year following the reporting year. No further HOME restrictions
will apply if SHLP retains ownership of the Property for the full fifteen (15) year affordability
period.
2. Any sale or transfer of the Property by SHLP during the fifteen (15) year
affordability period will require the new owner or transferee to affirmatively assume in writing
the obligations established hereunder for the designated HOME-assisted units.
3. Refinancing by SHLP shall require the review and prior written approval from
FWHFC for the purposes of ensuring compliance with HOME affordability requirements.
G. Recordkeepin
1. SHLP will keep or cause to be kept an accurate record of all actions taken and all
funds expended, with source documents, in performance of this Contract. Such records shall be
kept for the affordability period mandated by the Regulations and this Contract.
2. SHLP will obtain and keep on file the following information on each tenant
served by the HOME-assisted units of the Project throughout the affordability period:
a. Annual income and size of the tenant household;
b. Race and Ethnicity of each tenant household, using reporting
categories as required by HUD.
C. Whether the head of household is male or female, whether the head
of household is single, and whether there are children in the household;
d. Any additional Project performance data and statistical information
as may be required by FWHFC, the City Housing Department, HOME
Regulations or other HUD regulations and any amendments thereto.
3. SHLP will keep on file the following information and documentation:
a. Proof that the Project meets applicable property, building
construction and housing qualify standards;
b. Documentation verifying compliance with affirmative marketing
requirements and existence of acceptable procedures;
c. Documentation verifying compliance with SHLP's temporary
relocation plan and HUD relocation requirements, as applicable;
HOUSING DEVELOPMENT FUND—HOME FUNDS Page 9
South Hulen,L.P. (Fort Worth Housing Authority) Rev. 07-20-06
�) {{'''fi]]]r ``,�,l,`�� n,-,,•;�.�I)1 a,�r
CT
�j (�I��q
9�e r?i:ie} Ji IV t)
Y.+�;id�. fl•� �.G �
d. Documents and other information verifying compliance with
HOME conflict of interest regulations at 24 CFR 92.356(1), which provide
that no officers, agents, consultants or employees of the developer of
HOME-assisted units may occupy such units.
- H. Reports
During the term of this Contract, SHLP will submit to FWHFC monthly activity reports
and financial reports due by the 15"' of each month, regarding SHLP's progress on the Project as
a result of this Contract, and the expenses charged to the HDF HOME Funds provided through
this Contract, with the first report due on the 151h of the month immediately following Loan
closing. These reports shall be submitted in the format specified by FWHFC and shall include, at
a minimum, the information described in Attachment 2 —Report Requirements. The reports
will provide details on:
I. Progress toward achievement of objectives identified in Exhibit "A" - Project
Summary;
2. The dollar amount of funds leveraged by the Loan, including any items that
qualify as HOME match.
SHLP will submit to FWHFC annually during the HOME affordability period a copy of
the report SHLP provides to TDHCA for Low-Income Housing Tax Credit reporting purposes.
I. Cost Principles
SHLP shall administer the Project in compliance with OMB Circular A-122,
"Cost Principles for Non-Profit Organizations", as amended from time to time and with the
following:
All non-federal entities that expend $500,000 or more in Federal funds within one year,
regardless of the source of the Federal award, must submit to FWHFC an annual audit prepared
in accordance with specific reference to OMB Circular A-133, "Audits of States, Local
Governments, and Non-Profit Organizations". The audit may cover either SHLP's fiscal year
during which this 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 FWHFC within thirty(30) days
of its completion. SHLP's audit certification is attached hereto as Exhibit "D" — Audit
Certification Form and Audit Requirements. The Audit Certification Form must be submitted
to FWHFC within sixty (60) days of the end of period being audited (SHLP 's fiscal year). Costs
of preparation of this audit may be an allowable expenditure of Federal funds in an amount
proportional to that of the Federal funds used in SHLP's total agency operating budget. Non-
HOUSING DEVELOPMENT FUND—HOME FUNDS Page 10
South Hulen,L.P. (Fort Worth Housing Authority) Rev.07-20-06
profit entities that expend less than $500,000 a year in Federal funds are exempt from Federal
audit requirements for that year, but records must be available for review or audit by appropriate
officials of the Federal agency, FWHFC, and the General Accounting Office.
FWHFC reserves the right to perform an audit of SHLP's Project operations and finances
at any time during the term of this Contract, if FWHFC determines that such audit is necessary
- for FWHFC's compliance with OMB Circular A-133, and SHLP agrees to allow access to all
pertinent materials as described in Section G, Record Retention and reports. If such audit reveals
a questioned practice or expenditure, such questions must be resolved within (15) days after
notice to SHLP of such questioned practice or expenditure. If questions are not resolved within
this period, FWHFC reserves the right to withhold further funding under this Contract and/or
future contract(s) with SHLP.
If as a result of any audit it is determined that SHLP has misused, misapplied or
misappropriated all or any part of the HDF HOME Funds, SHLP agrees to reimburse FWHFC
the amount of such monies so misused, misapplied or misappropriated, plus the amount of any
sanctions, penalty or other charge levied against FWHFC by HUD because of such misuse,
misapplication or misappropriation.
J. Monitor Effectiveness of Services and Work
FWHFC will review the activities and performance of SHLP for this Project not less than
annually during the term of the Contract as required in Section 92.504 (a) of the HOME
Regulations, and not less than every three (3) years during the affordability period following
completion of construction of the HOME-assisted units as required by Section 92.504(d) (1) of
the HOME Regulations.
SHLP agrees to fully cooperate with FWHFC in monitoring the effectiveness of the
services and work to be performed by SHLP in compliance with the terms of this Contract.
FWHFC 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 SHLP, its officers, directors, agents, employees,
and contractors for the purpose of such monitoring.
SHLP agrees to likewise monitor the effectiveness of the services and work to be
performed by its contractors.
K. Compliance with All Applicable„Laws and Regulations
SHLP agrees to comply with the following laws and the regulations as they are currently
written or are hereafter amended during performance of this Contract:
(1) Federal
HOUSING DEVELOPMENT FUND—HOME FUNDS Page 11
South Hulen,L.P.(Fort Worth Housing Authority) Rev. 07-20-06
u
L.G4o
HOME Investment Partnerships Act at Title II of the Cranston Gonzales National
Affordable Housing Act of 1990, as amended, 42 U.S.C. 12701 et seq. ("NARA")
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 amended by 11375 and 12086 and as
supplemented by Department of Labor regulations 41 CFR, Part 60
The Age Discrimination in Employment of 1967 (29 USC et seq.)
The Age Discrimination Act of 1975 (42 USC 6101 et seq.)
Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR
Part 8 where applicable
National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq.
("NEPA") and the related authorities listed in 24 CFR Part 58
The Clean Air Act, as amended, (42 USC 1251 et seq.) and the Clean Water Act
of 1977, as amended (33 USC 1251 et seq.) and the related EPA regulations at 40
CFR Part 15, as amended from time to time, and Executive Order 11738. In no
event shall any amount of the assistance provided under this Contract be utilized
with respect to a facility that has given rise to a conviction under the Clean Air
Act or the Clean Water Act.
Immigration Reform and Control Act of 1986 (8 USA i 101 et seq.) specifically
including the provisions requiring employer verifications of legal status of its
employees
The Americans with Disabilities Act of 1990 (42 USC 12101 et seq.), the
Architectural Barriers Act of 1968, amended, (42 USC 4151 et seq.) and the
Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A
Regulations at 24 CFR Part 87 related to lobbying, including the requirement that
certifications and disclosures be obtained from all covered persons
Drug Free Workplace Act of 1988 (41 USC 701 et seq.) and 24 CFR Part 23,
Subpart F
Executive Order 12549 and 24 CFR Part 5.105 (c) pertaining to restrictions on
participation by ineligible, debarred or suspended persons or entities
Regulations at 24 CFR Part 882.708 (c) pertaining to site and neighborhood
standards for new construction projects
(2) Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC
1701 u et seq.) and its related regulations at 24 CFR Part 135
If the work performed under this Contract is on a project assisted under a program
providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section
3") requires that the following clause be inserted in all covered contracts ("Section 3 Clause"):
"A. The work to performed under this contract is subject to the requirements of
Section 3 of the housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu
(Section 3). The purpose of Section 3 is to ensure that employment and other economic
opportunities generated by HUD assisted or HUD-assisted projects covered by Section 3, shall,
HOUSING DEVELOPMENT FUND—HOME FUNDS Page 12
South Hulen,L.P. (Fort Worth Housing Authority) Rev. 07-20-06
to the greatest extent feasible, be directed to low-and very low-income persons, particularly
persons who are recipients of HUD assistance for housing.
S. The parties to this Contract agree to comply with HUD's regulations in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this Contract, the
parties to this Contract certify that they are under no contractual or other impediment that would
prevent them from complying with the Part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of
workers.with which it has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers' representatives of the contractor's
commitments under this Section 3 clause and will post copies of the notice in conspicuous places
at the work site where both employees and applicants for training and employment positions can
see the notice. The notice shall describe the Section 3 preference, shall set forth minimum
number and job titles subject to hire, availability of apprentice and training positions, the
qualifications for each; and the naive and location of the person(s)taking applications for each of
the positions; and the anticipated date the work shall begin.
D. The contractor agrees that it will include this Section 3 clause in every subcontract
to comply with regulations in 24 CFR Part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this Section 3 clause, upon finding
that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will
not subcontract with any subcontractor where it has notice or knowledge that the subcontractor
has been found in violation of regulations in 24 CFR 135.
E. The contractor will certify that any vacant employment positions, including
training positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135
require employment opportunities to be directed, were not filled to circumvent the contractor's
obligations under 24 CFR Part 135.
F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in
sanctions, termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian
housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450e) also applies to the work to be performed under this Contract. Section 7(b)
requires that to the greatest extent feasible (i) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian—owned Economic Enterprises.
Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to
comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with
Section 7(b)."
FWHFC and SHLP understand and agree that compliance with the provisions of Section
3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall
be a condition of the Federal financial assistance provided to the Project, binding upon FWHFC
and SHLP, and their respective successors, assigns and contractors. Failure to fulfill these
HOUSING DEVELOPMENT FUND—HOME FUNDS Page 13
South Hulen,L.P. (Fort Worth Housing Authority) Rev. 07-20-06
requirements shall subject SHLP and its contractors, and their respective successors and assigns,
to those sanctions specified by the Grant Agreement through which Federal assistance is
provided and to such sanctions as are specified by 24 CFR Part 135.
(3) Other Laws
SHLP covenants and agrees that its officers, members, agents, employees, Project
participants and contractors shall abide by and comply with all other laws, (Federal, state and
local) relevant to the performance of this Contract, including all City ordinances, rules and
regulations and the HOME Regulations. SHLP further promises and agrees that it has read, and
is familiar with, the terms and conditions of the Federal grant under which HOME Funds are
granted and that it will fully comply with them. It is agreed and understood that, if FWHFC calls
the attention of SHLP to any such violations on the part of SHLP or any of its officers, members,
agents, employees, Project participants or contractors, then SHLP shall immediately desist from
and correct such violation.
(4) Prohibition Against Discrimination
SHLP, in the execution, performance or attempted performance of this Contract will not
discriminate against any person because of sex, race, religion, color, national origin, familial
status or disability, nor will SHLP permit its officers, members, agents, employees, contractors or
Project participants to engage in such discrimination.
During the performance of this Contract SHLP agrees, and will require all its contractors
to agree, as follows:
SHLP will not unlawfully discriminate against any employee or applicant for
employment because of sex, race, religion, color, national origin, familial status or
disability. SHLP will take affirmative action to ensure that applicants are
employed and that employees are treated fairly during employment without regard
to their sex, race, religion, color, national origin, familial status or disability.
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. SHLP agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.
SHLP will, in all solicitations or advertisements for employees placed by or on behalf of
SHLP, state that all qualified applicants will receive consideration for employment
without regard to sex, race, religion, color, national origin, familial status or disability.
SHLP covenants that neither it nor any of its officers, members, agents, employees,
HOUSING DEVELOPMENT FUND—HOME FUNDS Page 14
South Hulen,L.P.(Fort Worth Housing Authority) Rev. 07-20-06
Project participants or contractors, while engaged in performing this Contract, shall, in
connection with the employment, advancement or discharge of employees or in
connection with the terms, conditions or privileges of their 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.
SHLP further covenants that neither it nor its officers, members, agents, employees,
contractors, Project participants, or persons acting on their behalf, shall specify, in
solicitations or advertisements for employees to work on this Contract, a maximum age
limit for such employment unless the specified maximum age limit is based upon a bona
fide occupational qualification,retirement plan or statutory requirement.
In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), SHLP warrants that it and any of its contractors will not unlawfully
discriminate on the basis of disability in the provision of services to the general public,
nor in the availability, terms and/or conditions of employment for applicants for
employment with, or employees of SHLP or any of its contractors. SHLP 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 FWHFC harmless against
any claims or allegations asserted by third parties or contractors against FWHFC arising
out of SHLP's and/or its contractors' alleged failure to comply with the above-referenced
laws concerning disability discrimination in the performance of this Contract.
This Contract is made and entered into with reference specifically to the ordinances
codified at Chapter 17, Article 111, Division 3 ("Discrimination in Employment
Practices"), of the City Code, and SHLP hereby covenants and agrees that SHLP, its
officers, members, agents, employees and contractors, have fully complied with all
provisions of same and that no employee, applicant or Project participant has been
discriminated against under the terms of such ordinances by either SHLP or its officers,
members, agents, employees or contractors.
(5) Prohibition Against Interest
No member, officer or employee of FWHFC or its designees or agents; no member of the
governing body of the locality in which the Project 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 or her tenure or for one (1) year thereafter, shall have any
interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be
performed hereunder. SHLP shall incorporate, or cause to be incorporated, like language
prohibiting such interest in all contracts and subcontracts entered into in connection with the
Project.
No officer, employee, member or Project participant of SHLP or its contractors shall have
HOUSING DEVELOPMENT FUND --HOME FUNDS Page 15
South Hulen,L.P. (Fort Worth Housing Authority) Rev. 07-20-06
a financial interest, direct or indirect, in this Contract or the HDF HOME Funds transferred
hereunder or be financially interested, directly or indirectly, in the sale to SHLP of any land,
materials, supplies or services purchased with any funds transferred hereunder, except on behalf
of SHLP, as an officer, employee, member or Project participant. Any willful violation of this
paragraph with the knowledge, expressed or implied, of SHLP or its contractors shall render this
Contract voidable by FWHFC.
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 (1)year thereafter.
6 Minority and Women Business Enterprise Commitment
SHLP agrees to abide by the City's policy to involve Minority and Women Business
Enterprises ("M/WBEs") in all phases of its procurement practices and to provide them equal
opportunity to compete for contracts for construction, provision of professional services,
purchase of equipment and supplies and provision of other services required by FWHFC.
Therefore, SHLP agrees to incorporate City Ordinance No. 15530, and all amendments or
successor policies thereto, into all contracts and subcontracts and will further require all persons
or entities with whom it contracts to comply with said ordinance.
SHLP shall provide a copy of its construction budget and list of trades to City's M/WBE
Department prior to start of construction and shall comply with all City reporting and minority
hiring goals established for the Project by the City's M/WBE Department.
L. Assignment
SHLP shall not assign all or any part of its rights,privileges, or duties under this Contract
without the prior written approval of FWHFC, which shall not be unreasonably withheld. Any
attempted assignment of same without approval shall be void, and shall constitute a breach of
this Contract. It is agreed that FWHFC has the right to inspect and approve in writing any
proposed contracts between SHLP and any contractor engaged in any activity in conjunction with
this HOME funded project prior to any charges being incurred.
M. Indemnification and Release
SHLP COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND
DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS
HOUSING DEVELOPMENT FUND—HOME FUNDS Page 16
South Hulen,L.P.(Fort Worth Housing Authority) Rev. 07-20-06
-,yI� ��G�� it;��V��V
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 HIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH
THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR
NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS,
ACTIVITIES AND SERVICES OF THE PROJECT DESCRIBED HEREIN, WHETHER
OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS OF FWHFC AND CITY; AND SHLP HEREBY ASSUMES ALL
LIABILITY AND RESPONSIBILITY OF FWHFC AND CITY AND THEIR
RESPECTIVE 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
KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR
IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND
AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE
PROJECT DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN
PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF FWHFC OR CITY.
SHLP LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY
AND HOLD HARMLESS FWHFC AND CITY FROM AND AGAINST ANY AND ALL
INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF FWHFC AND CITY,
ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF
SHLP, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, INVITEES, LICENSEES, OR PROJECT PARTICIPANTS, OR
CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF
FWHFC AND CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH SHLP AND
FWHFC, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES
INDEMNITY BY SHLP TO INDEMNIFY AND PROTECT FWHFC FROM THE
CONSEQUENCES OF FWHFC'S OWN NEGLIGENCE, WHETHER THAT
NEGLIGENCE IS ALLEDGED TO BE THE SOLE OR CONCURRING CAUSE OF
THE INJURY,DAMAGE OR DEATH.
SHLP AGREES TO AND SHALL RELEASE FWHFC AND CITY, THEIR
RESPECTIVE AGENTS, EMPLOYEES, OFFICERS AND LEGAL
REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR
LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR
INCIDENTIAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE
HOUSING DEVELOPMENT FUND--HOME FUNDS Page 17
South Hulen,L.P. (Fort Worth Housing Authority) Rev. 07-20-06
INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY THE FWHFC'S SOLE OR
CONCURRENT NEGLIGENCE.
SHLP SHALL REQUIRE ALL OF ITS CONTRACTORS AND
SUBCONTRACTORS TO INCLUDE IN THEIR RESPECTIVE CONTRACTS AND
SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF FWHFC AND CITY
IN SUBSTANTIALLY THE SAME FORM AS ABOVE.
N. Waiver of Immunity
If SHLP, 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, SHLP hereby expressly waives its rights to plead defensively such
immunity or exemption as against FWHFC. This section shall not be construed to affect a
governmental entity's immunities under constitutional, statutory or common law.
O. Insurance and Bonding
For the term of this Contract, SHLP will maintain blanket fidelity coverage in the form of
insurance or bond in the amount of $25,000.00, to insure against loss from the fraud, theft or
dishonesty of any of SHLP's officers, agents, trustees, directors or employees. The proceeds of
,such bond shall be used to reimburse FWHFC for any and all loss of HDF HOME Funds
occasioned by such misconduct. To effectuate such reimbursement, such bond shall include a
rider stating that reimbursement for any loss or losses thereunder shall be made directly to
FWHFC for the use and benefit of SHLP.
SHLP shall furnish to FWHFC, in a timely manner, certificates of insurance as proof that
it has secured and paid for policies of commercial insurance as specified herein. Such insurance
shall cover all insurable risks incident to or in connection with the execution, performance,
attempted performance or nonperformance of this Contract. SHLP shall maintain the following
coverages and limits thereof:
Commercial General Liability(CGL) Insurance
$500,000 each occurrence
$1,000,000 aggregate limit
Business Automobile Liability Insurance
$1,000,000 each accident on a combined single-limit basis, or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
$2,000,000 Aggregate
Insurance policy shall be endorsed to cover"Any Auto'
Pending availability of the above coverage and at the discretion of SHLP, the policy
HOUSING DEVELOPMENT FUND—HOME FUNDS Page 18
South Hulen,L.P. (Fort Worth Housing Authority) Rev. 07-20-06
shall be the primary responding insurance policy versus a personal auto insurance policy
if or when in the course of SHLP's business as contracted herein.
Workers' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
- $100,000 each accident
$100,000 disease-each employee
$500,000 disease-policy limit
Note: Such insurance shall cover employees performing work on any and all projects
including but not limited to construction, demolition, and rehabilitation. SHLP or its
contractors shall maintain such coverages. In the event the respective contractors do not
maintain coverage, the SHLP shall maintain the coverage on such contractor for each
applicable contract.
Directors and Officers Insurance
Optional (Highly Recommended)
Note: This insurance shall cover SHLP and any member of its Board of Directors.
Additional Requirements:
Such insurance amounts shall be revised upward at FWHFC's option; and SHLP shall
revise such amounts within thirty(30) days following notice to SHLP of such requirements.
SHLP will submit to FWHFC documentation showing that it has obtained insurance
coverage and has executed bonds as required in this Contract prior to payment of any
monies provided hereunder.
Each insurance policy shall be endorsed to provide FWHFC 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 FWHFC as an additional
insured as its interest may appear. Additional insured parties shall include employees, officers,
agents, and volunteers of FWHFC..
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 FWHFC.
Any failure on part of FWHFC to request certificate(s) of insurance shall not be construed
as a waiver of such requirement or as a waiver of the insurance requirements themselves.
Insurers of SHLP'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
HOUSING DEVELOPMENT FUND—HOME FUNDS Page 19
South Hulen,L.P.(Fort Worth Housing Authority) Rev. 07-20-06
the state of Texas. Insurers shall be acceptable to FWHFC 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
FWHFC.
Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless
otherwise approved by FWHFC.
In the event there are any local, federal or other regulatory insurance or bonding
requirements for the Project, and such requirements exceed those specified herein, the former
shall prevail.
As applicable, SHLP shall require its contractors to maintain applicable insurance
coverages, limits, and other requirements as those specified herein; and, SHLP shall require its
contractors to provide SHLP with certificate(s) of insurance documenting such coverage. Also,
SHLP shall require its contractors to have FWHFC and SHLP endorsed as additional insureds (as
their interest may appear) on their respective insurance policies. Builders risk insurance in a
form and amount acceptable to FWHFC shall be in place at all times during the terra of the Loan.
Specifically, SHLP 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 FWHFC.
P. Certification Regarding Lobbying
The undersigned representative of SHLP hereby certifies, to the best of his or her
knowledge and belief,that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of
SHLP, 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 snaking of
any Federal loan, the entering into of any cooperative agreement and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan or
cooperative agreement.
If any funds other than federally appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any
agency, member of Congress in connection with this Federal contract, grant, loan or
cooperative agreement, SHLP shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying,"in accordance with its instructions.
This certification is a material representation of fact upon which reliance was
placed when this Contract was made or entered into. Submission of this certificate is a
HOUSING DEVELOPMENT FUND—HOME FUNDS Page 20
South Hulen,L.P. (Fort Worth Housing Authority) Rev. 07-20-06
e y 4 a
prerequisite for making or entering into this Contract imposed by 31 USC Section 1352.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than$10,000.00 and not more than$100,000.00 for each such failure.
SHLP shall require that the language of this certification be included in all
contracts or agreements involving the expenditure of Federal funds.
Q. MISCELLANEOUS PROVISIONS
All terms of this Contract shall apply to any and all contractors of SHLP who are in any
way paid with HDF HOME Funds or who perform any work in connection with the Project.
All notices required or permitted by this Contract must be in writing and are deemed
delivered on the earlier date of the date actually received or the third day following (i) deposit in
a Untied States Postal Service post office or receptacle; (ii) with proper postage, certified mail
return receipt requested; and (iii) addressed to the other Party at the address set out in the
preamble of this Contract or at such other address as the receiving Party designates by proper
notice to the sending Party.
If applicable, SHLP must meet conditions and limitations for use of HOME Funds
involving a primarily religious entity as set forth in the HOME Regulations.
SHLP shall notify FWHFC in writing of any changes in its 501 (c) (3) tax exempt status during
the term of this Contract. SHLP agrees to document its continued compliance, including but not
limited to annually providing FWHFC with an updated board roster.
f SIGNATURES APPEAR ON FOLLOWING PAGE]
HOUSING DEVELOPMENT FUND—HOME FUNDS Page 21
South Hulen,L.P.(Fort Worth Housing Authority) Rev. 07-20-06
IN WITNESS WHEREOF, the Parties hereto have executed four duplicate originals of
this Contract in Fort Worth, Tarrant County, Texas, this 27 day of--)1 0
2006.
ATTEST: FORT WORTH HOUSING FINANCE
CORPORATION
f—If
Corporate SecrAry Jerome . Walker, Authorized Signatory Agent
APPR VED AS TO FORM AND LEGALITY:
Assistant City Attorney NO Aq C I EQUIPIED
SOUTH HULEN L.P.
By: 'exya�
Barbara Holston, Secretary
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me o 2006 by
Jerome C. Walker, the Authorized Signatory Agent o th Fo Worth Housing Finance
Corporation, a Texas housing finance corporation, on bei �said�co —o�ratin.
Notary Public, State o xas
�. SAW J.ODLE
"� *= MY COMMISSION EXPIRES
STATE OF TEXAS § November 5,2447
;h; ?
COUNTY OF TARRANT
This instrument was acknowledged before me on 2006 by
Barbara Holston, the Secretary of South Hulen, L.P.., a Te ited rtnership, on behalf of
said partnership.
EVA 0.KEY Nota Public
_ MY COMMISSION EXPIRES �'Y ,Va6c f Texas
August 12,2049
HOUSING DEVELOPMENT FUND--HOME FUNDS Page 22
South Hulen, L.P.(Fort Worth Housing Authority) Rev. 07-20-06
� �y)w CAPD
..s
SOUTH HULEN, L.P.
CAND ETREE APARTMENTS PROJECT
EXHIBIT A
PROJECT SUMMARY
CANDLETREE APARTMENTS REHABILITATION- SOUTH HULEN, L.P.
PROJECT DESCRIPTION
The subject project is a rehabilitation of an existing 216 unit multi-family property located at 7425 S.
Hulen Street underwritten by Low Income Housing Tax Credits. The development is comprised of
136 one-bedroom apartments and 80 two-bedroom apartments. The property is located on
approximately 8.03 acres of land located in the City of Fort Worth south of Interstate 20. The
developer is Carleton Construction, Inc.
The project is part of the Ripley Arnold public housing replacement program of the Fort Worth
Housing Authority and will include 41 public housing units. Amenities include a community center,
business center, recreational facilities and services provided by the Housing Authority. A total of 99
units will be made available to households earning between moderate-income households earning
80%to 120% of the Area Median Income (AMI). Seventy-six(76) units will be affordable for low
income households and 41 units will be affordable for very low income households.
A subordinate lien will be in place over the term of the loan. The Fort Worth Housing Authority, or
its affiliate, pledges a portion of its non-deferred development fee as security for funds lent by the
Fort Worth Housing Finance Corporation (FWHFC) through its Housing Development Fund (HDF).
The $760,000 in HDF-HOME funds are leveraged at a ratio of 1:20 for the total project development
costs. The FWHFC project includes I I HOME-eligible affordable units, ninety-percent(901/0) of
which shall be affordable to households earning sixty percent (60%) of the Area Median Income
(AMI)..
Resident relocation is anticipated to begin in August 2006. Phase I rehabilitation is scheduled to
begin in January 2006. The fourth and final phase of the project is expected to be complete in
January 2007. Draws against the FHWFC HDF loan will be made after completion of Phase III and
again upon completion of Phase IV. There will be a 10%retainage held for each draw,the retainage
to be distributed 30 days after completion.
Borrower South Hulen, L.P./Fort Worth
Housing Authority
Developer South Hu1en L.P.
Council District 6
NEZ-Eligible No
Target Area None
Project Type Rehabilitation of existing
family apartment community
No. Units: 216
1-BR 136
2-BR 80
Population Served
> 120%AMI
80%-120%AMI 99
50% - 80%AMI 76
<50%AMI 41
No. Acres 8.03
Density 26.9
Project Cost $15,344,735
Per unit cost $71,040
HDF Loan Request Amount $ 760,000
Per unit cost $3,519
Leverage of HDF Funds 1:20
HDF Fund Source HOME allocation
Collateral Subordinate lien on
improvement
Term 24 months, interest paid
monthly
Interest Rate Variable: Federal Rate adjusted
quarterly
Repayment Maturity of loan or permanent
take-out, earlier event
Other conditions M/WBE
SOUTH IIULEN, L.P.
CANDLETREE APARTMENTS PROJECT
EXHIBIT B
PROJECT BUDGET
n.
Mf -
a A-Devefopment Sehedulee
This Development Cost Schedule mast be oonsisfeat with the Summary Sources and Uses of Funds Statement All applications must complete the
total development cost column and the Tax Payer Identllicaftw column.Only HTC appilc0oms must complete the eligible basis columns and the
Requested Credit calculation below.
DEVELOPMENT Neill;:
TOTAL DEVELOPMENT SUMMARY Expected Payee Taxpayu
Total Eli ibte Basis IfApplicable) Identification Number(TIN)'
Cost Acquisition New/Rehab. and%of cost 0 item involves multi le MLees
ACQUISITION
5ite acquisition cost
�
fes..
Etisting building acquisition cost 4,028,343 4 343; 75-6001818
Closing casts&a�f•le al fees
Othdr`(specify) —
Subtotal Acquisition Csut J4,OM1343 $4,028,3431 ;0
/OFF-SITEV
VII-site concrete '. -
Storm drains&devices - _k
Water&fire hydrants --
Off site utilities v---
Sewer lateral(s) W -
Off-site paving
Offsite electrical
011ie"(specify) -- "�� t �► °;; ,
Subtotal Off-Sites Cost
SITE WORK'
Demolition 60,000 75-2559799
Rough grading 31,&00 31,600 75-2569799
Fine grading 14500 . 14,500 75-2569799
On-site concrete 0
On-site electrical 50,000 50,000 75-2569799
On-ske paving 0
On-site utilities 108,000 108,000 75-2669799
Decorative masonry 0
Bumper stops,striping&signs 0
Landscaping 70,200 72000, 75-2569799
Pool and decking 120,000 120 000 75-2569799
Athletic court(s),playground(s) 0
Fencing 76,0001 76,000 75-2569799
Other`(specify) 1 0
:Subtotal Site Wont Cost 30, 01 470,300
DIRECT CONSTRUCTION COST'S': mm
HARD COSTS
Concrete 283,500 283,500 75-2569799
Light weight concrete 117,540 117,840 75-2569799
Masonry 443,640 443,640 75-2569799
Metals 178,200 178,200 75-2569799
Carpentry 1,444 548 1,444,548 75-2569799
Waterproofing 0
Insulation 21,600 21,600 75-2569799
Roofing 62,500 62,5 75-2569799
Sheet metal 0
Electrical 244,700 244 700 76-2569799
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS-UNIFORM APPLICATION(MULTIFAMILY HOUSING DEVELOPMENT)
OS-MFAppinserts Candletree-ts,Version Date:11/1512001
TOTAL DEVELOPMENT SUMMARY Expected Payee Taxpayer
Total I Eligible BasisIf licabie Identification Number(TIN)'
Cost uisition NewlRehab. and%of cost if item involves multi Ie ees
DIRECT PAfdSTill1C`r'I#3N COSH(Contin
Plumbing 316,600 318&00 75-2569799
HVAC 248 400 248,400 75-2569799 -
Doors 189,000 189,000 75-25697799
Windows 0
Glass 306,9130 306,900 75-2569799
Lath&plaster 0
Drywall 180 878 190,878 75-2569790 '
Tile work 0
Acoustical 0
Resilient or other flooring - 119,400 113,400 75-2569799
Carpeting 199,800 75-2569799
Painting&decorating 300 564 300,564 75-2568799
Specialties 30 240 30,240 75-2569799
Cabinets 399,600 399,600 75-2569799
Appliances 243 000 _ 243.000 76-2689799
Fireplaces - 0
Carports or garages 0
Aocessory buildings 800,000 800,000 75-2589799
Elevator 0
Lead-Based Paint Abatement 0
Asbestos Abatement 0
Other`(Specify)Contingency 319,661 319,661 75-2569799
Subtotal Bard Costs 6,446,272 $0 ,446,272
OTHER CONSTRUCTION COST S
Gen=[requirements(<6%) 5.93% -- 41tf,0D0_ 410,0 75-2569799
Field supervision(within GR limit) 0
Contractor overhead(<2%) 1.83% 126,314 126,313 75-2569799
0&A Field(within overhead limit) 0
Contractor profit(<6%) 4.86% 335,644 ;871,957
,644 75-256979&
Contingency
Subtotal Direct Const.Costs $871,857 D
INDIRECT CONSTRUCTION COSTS&
Architectural-Design fees 250 000 250,000 58-1450195
Architectural-Supervision.fees 0
Engineering fees 0
,Real estate attameylother legal fees 75,000 7'5,000 76-0294490
Accounting fees 10,000 10,000 75-2805350
Impact Fees 0
,Building permits&related costs 50,000 50,000 City of Fort Worth
Appraisal 2,500 2 500 74-2555586
Market analysis 1000 5,000 74-2555566
Environmental assessment 4,561) 4,5W 68-0146861
Soils report 4 Ot* 4,000 TBO
Survey f3 000 8,000 TOD
Marketing 0
Course of construction insurance 75 000 75 000 TBD
HO RD
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS-UNIFORM APPUCATION(MUI nFAMILY HOUSING ANA"',0fi-MFAppinsertsCandletfee.x1S,Version Date.IIflatm
TOTAL DEVELOPMENT SUMMARY Expected Pam Taxpayw
Total Eli ible Basis(If liable Ider+tiflnatian Nu>m:f(TiNj'
Cost uisit�arr _NewlRehab. and%of cast if Item involves mufti le es)
INDIRECT CONSTRUCTION COSTS(Conlirrued -
Hazard&liabllfty Insurance 95 000 55,000 TOD - _ —
Real property taxes 0 --- ��
Personal property taxes FL-- 0
Tenant relocation expenses
Othor=(specity) 0
Subtotal indirect Coast.Cost $579,22L=_, $0 $579,00
DEVELOPER0
IFEE94 — --
Hor ing consultant feeO = 0 _
General&administrative 1,920,000 1,920,fl_00 75-2_852155175-60018113
Profit or fee _ 0
14.72% .s $1
Subtotal velo 'S -
FIMANCING:
CONSTRUCTION LOM(Sf
Interest 431,863 431,863 75-0651160
Loan origination fees 25 00025,000 75-0651 160
Title&recording fees 80000 80,000 75-0651160
Closing costs&legal fees _ a
Inspection fees 81000 8,000 75-0651160
Credit Report 0
Disoount Points 0
Otho(specify)Relocation 164,000
PEWANENT LOAN(S)
Loan origination fees to 0 75-0W1160
o ro7-i
Title&recording fees
Closing costs&legal •- = ='
Bond premium -- -
Credit reports
Discount points
Credit enhancement fees
Prepaid Mils ' r� _
Others(specify) `" -
BRIDGE LOANS)
Interest 0
Loan origination fees 0
Title&recording fees 0
Closing costs&legal fees 0
-OIIne?(specq) 0
OTHER FiNWING COSTS°
Tax credit fees Y
Tax andlor bond counsel 0
Payment bonds
Performance bonds 0 _
Credit enhancement fees 0
Mortgage insurance premiums 0
Cost of underwriting&issuance 0
Syndication organizational cost -
Tax opinion
Other2(Specify)Contingency 100, 00 100,000
Subtotal Financing Cost $818,863 $644,863
TEXAS DEPARtTM1=W OF HOUSING AND COMMUNITY AFFAIRS-UNIFORM APPUCANON{MULTIFAMILY HOUSING DEVELOPMENT)
06-MFAppinseds-Candlelree.x1s,Version We:11/15/2004
TOTAL DEVELOPMENT SUMMARY Ex t =TaxpayerTotal Ei' ible Basis If licabie IdentificatiCost uisitlon fVewlFtehab and 36 of cost if item
RESERVES
Rent-up
Operating 150 000
Replacement '`�ro
Escrows _
SubttWi Hemvez 150,0
TOTAL DEVELOPMENT COSTS° $15,344,7351 $4,02B,343110,932,392
-Commercial Space Costa' t' . "' u
TOTAL RESIDENTIAL MT's 15,344,735
gft contreeW is guaranteebtg f�tancing for fhe bnsaction for a fee,such fees are: $ -
The following calculahons are for HTC Appikadons only.
DAuct From Isis:
Fed grant proceeft used to Finanoa costs In ergM basis
Fed.IW A.bens used to finance c osls in aRoWe basis
Non-qua4fied nanqemrsa financing
NorfquWW*d p Aon of higher qualky►unlis(42.(d)o))
Mtodc Credos(res(d'areial portion any)
Total Eligible Basis 01000%1
$10,932,392
High Cost Area Adjustment(100%or 130%) 100%
TOW Adina Basis $10,932,392
Applicable Fraction' 1fl09b
Til Oualiffod Isis $14,960,73,5 $4,0,28,3431 $10,932,3
Applicable Percentage" 3.45% 8,05%
owne's Requeau Cf& is E'$1,019,0351 $138,9781 $880,058
Applicant and contractor certify that,to the best of their knowledge,the provided costs and supporting infofmatlon represent an accurate,uninflated
estimate of the costs associated with this development.They also certify that no fees,other than for activities identified in this form,will be paid to the
contractor.
Dsvelo vwt owner Name Contractor Marne
By: M041. By.
de—
signature S-
Its:_ Its: cegi
Date Date
CR
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS-UNIFORM APPLICATION(MULTIFAMILY HOUSING DEVELOPMENT)
06-WAppinserts_Candletree.x1s,Version Date,11A 2004
SOUTH H H V LEN, L.P.
CANDLETREE APARTMENTS PROJECT
EXHIBIT C
PROJECT IMPLEMENTATION TIME EINE
SOUTH HULEN, L.P.
CANDLETREE APARTMENTS PROJECT
CONSTRUCTION & DRAW SCHEDULE
Tax Credit Award July 31, 2006
Begin Resident Relocation August, 2006
Begin Phase I Rehabilitation January, 2006
HDF LOAN CLOSING
Begin Phase II and III Rehabilitation
Completion Phase III
DRAW #1
Completion Phase IV January, 2007
DRAW #2
RETAINAGE PAYMENT Certificate of Occupancy plus 30 days
HDF FUNDS REPAID No later than 24 months after initial
disbursement
SOUTH HULEN, L.P.
CANDLETREE APARTMENTS PROJECT
ATTACHMENT 1
REQUEST FOR FUNDS
SAMPLE
(Date)
Fort Worth Housing Finance Corporation
c/o City of Fort Worth Housing Department
1000 Throckmorton Street
Fort Worth, Texas 76012
Attention: Karen Meunier
Re: (Name of Project)
Enclosed please find our closing draw request in the amount of$ Also enclosed please find:
-- Draw Spreadsheet
— Summary of Changes
— Owner's Affidavit
— AIA Documents G702 & G703 with lien waivers
— Copies of Invoices
Please wire funds to (Bank Name/Account#). The name of the account is
$YY shall come from FWHFC's Housing Development Fund Account
Should you have any questions or need clarification, please call (xxx)xxx-xxxx.
Sincerely,
CITY 9EC-I py
SOUTH HULEN, L.P.
CANDL.ETREE APARTMENTS PROJECT
ATTACHMENT 2
REPORT REQUIREMENTS
SOUTH HULEN,L.P.
CANDLETREE APARTMENTS PROJECT
REPORT REQUIREMENTS
a) Project Progress Report: Within fifteen (15) days following the end of each calendar
quarter during the term of the Contract, a report detailing Project construction progress,the
percent of construction completion, anticipated construction completion date, and;
construction problems encountered and solutions proposed. Submissions will be signed by
the duly authorized agent of South Hulen, L.P.
b) M/WBE Compliance: An M/WBE Monthly Participation Report Form (see sample)
must be submitted monthly until the contract is completed. The first report will be due 30
(thirty) days after commencement of work. The monthly report must have an original
signature to ensure accountability for audit purposes. These reports are to be submitted
monthly to the MIWBE Office, regardless of whether or not your firm utilized its M/WBEs.
If there was no activity by an M/WBE in a particular month, place a "0"or "no participation"
in the spaces provided, and provide a brief explanation. Provide that office withrp oof of
payment to your M/WBE subcontractor and suppliers.
Upon your company's successful completion of this project, and within ten (10) days after
receipt of final payment from the City of Fort Worth,you shall provide the M/WBE Office
with a Prime Contractor's/Consultant's Final Summary Payment Report Form
(enclosed)to reflect the total participation from ALL subcontractors/suppliers utilized on the
project
c) Certificate of Completion: Within thirty (30) days of completion of the rehabilitation of
Candletree Apartments, the duly authorized agent of South Huten, L.P. will provide the
FWHFC with a copy of the Texas Department of Housing and Community Affairs HOME
Investment Partnerships Program Certificate of Completion report.
d) Assisted Household Profile: Within thirty(30) days of lease of the eleven (11) HOME-
assisted unit,the Owner will provide FWHFC with a written report containing: a) Date; b)
Project Name; c) a profile of each household including: Name; Unit Address; Female Headed
Household (y/n); Disabled (y/n); Age; Sex; Ethnicity; Race; No. in Family; Annual Income;
e) Annual Owner's Compliance Report: Each year during the Affordability Period, the
Owner will provide the FWHFC a copy of the Texas Department of Housing and Community
Affairs Annual Owner's Compliance Report , Parts A B C and D no later than March 1"of
year following the reporting year.
\
&
0
� J �
/ § m
z le - 0uj
\.
_0co
\f 2 2 )
CL
zLL § §
2 LLI § o
w 2f
/ w
0 LU
) �
0- L z 2 §
w F- § \ § K
CO « [
_ <
k E -
/ 5
Lu 0 o <
\
W §
CO 0 LLJ
o
47)
� W a. 2 { S�
Z /
d 2 w /
JLL
« o tg
� §
� � o � � ■
z z
w 0LLP
A _a k
� :\
� «
0tlu
° iLl ] 2 �u
\ E k
� ¥ ¥ -
z9 {
§ %
§ � ®�
§'
) EU
k \ \
0 2 ...
z § § $
_ mLLI
ou
f
j b k in )�
E f V
} k \ {: t| 4� 111TH,[
z El
� .
_ ID e e e e s e , �
Li
C�
Z -
� CL
W
LL z
2
U 0
LL
-J 0 = o
Z w cA z � LO
® O D 0 z d oWc
1— J o z W g �
Q z '� 4.0 O 0 Co
LL 10 -j � � N 0
Lil
(a O LL �? D
0 U Q Ir
� 263
° _z L3 z co
U)
LLI �A g
° aLU
rn L1C ° U 03 a�
u w Z'
0 0 OHO
Z LL jw LL. W LLA
w D a J �: z E. ¢ oL
W Zk4 —� ¢ = ww
Z dO z z � � 0
�® z0cn ° LL. Z;4 E2
Z W — ;: W z OQw
a ��
® O oLLJ � zm ¢ cWxn
LL
Z_ J
0 LU} x LL
- J F- Z -
U. �"� � � �7 ~ z iii _� In
w � C:) G
Zx � ~ � � aLu
aor
W cl)� 0Z LU w w Zo � C)
w 0 � Z dao
�Y Q
0. Z z S z _ 2 a � M
Nz . U¢ in
LL
Z f Z
crrW �El 0 w C] W LL, SLI 0
H B ® � LLI
w �+ � i2 0 w Ui
LU 2 z z Q opF- F-
yw Q W o � ow
0 �w. °° � � oLU
Q
F-
LU � C3 } _ Opww
Z
z � -j �
I W LO a � � p 0 O
SOUTH HULEN, L.P.
CANDLETREE APARTMENTS PROJECT
EXHIBIT D
AUDIT CERTIFICATION FORM
AND AUDIT REQUIREMENTS
OFFIC1w11 RECOND
bN
Uo "'. Rym, TLEY,
CITY OF FORT WORTH HOUSING DEPARTMENT
Subrecipient Name
Address
City, State, Zip Code
RE: Audit Certification for the Year 2006
Dear Subrecipient:
The City of Fort Worth must ensure that its subrecipients are in compliance with all applicable audit
requirements. Please complete and return the enclosed Audit Certification Form for the fiscal
year noted above by the required due date. Any Audit Certification Forms requested for
fiscal years that ended prior to, or on December 31, 2005, are delinquent and your organization
is currently out of compliance.
If less than $500,000 in total federal funds was expended during each fiscal year, no further audit
requirements are applicable. If$500,000 or more in total federal funds was expended during any fiscal
year noted above, two copies of the Single Audit report should also be submitted to this office. The
Single Audit reports should be submitted within thirty (30) days of completion and no later than nine
(9) months after the end of the fiscal year. Failure to submit a required report will result in
noncompliance for your organization.
Please implement procedures to submit future Audit Certification Forms and Single Audit reports (if
necessary) to this office each year that a contract is active with the City of Fort Worth. The Audit
Certification Form should be submitted within sixty (60) days after the end of your fiscal year.
Failure to submit an Audit Certification Form by the required due date will result in your
organization being out of compliance.
it your organization is out of compliance with any federal regulations, funding for current grants and
consideration for future grants will be affected. Please call if you have
any questions or need additional information.
Sincerely,
Enclosures
cc:
CITY OF FORT WORTH HOUSING DEPARTMENT
AUDIT REQUIREMENTS
Organizations expending $500,000 or more in federal awards (from City of Fort Worth and
other funding sources) during their fiscal years shall obtain either an annual single audit or a
program specific audit. Organizations may have a program specific audit in accordance with
OMB Circular A-133 if they expended funds for only one federal program as listed in the
Catalog of Federal Domestic Assistance (CFDA). If funds are spent for more than one
federal program, a single audit is required. The audited time period is the organization's
fiscal year, and not the City of Fort Worth's funding period.
The audit shall be conducted by a certified public accountant (CPA) that is licensed at the time
of the audit by the appropriate regulatory body. The CPA shall meet all of the general
standards concerning qualifications, independence, due professional care and quality
control as required by Government Auditing Standards, including the requirements for
continuing professional education and external peer reviews. Auditor selection must adhere
to federal procurement requirements.
A separate supplementary schedule of revenues, expenditures and changes in fund
balance for each City of Fort Worth contract is no longer required. The Schedule of
Expenditures of Federal Awards should list City of Fort Worth 's contract numbers, the
total expended for each individual federal program, and the CFDA number (OMB A-133 §
.310).
The independent auditor's report should include all of the relevant items listed on the
"Audit Report Checklist." Additional guidance on the conduct and reporting of these audits is
contained in the latest issuance of the following publications:
Government Auditing Standards issued by the Comptroller General of the United States, 2003
OMB Circular A-133 as revised 6130197 and amended June 2003
OMB Circular A-133 Compliance Supplement
AICPA's Statement of Position 98-3, "Audits of States, Local Governments, and Not-for-Profit
Organizations Receiving Federal Awards"
Various AICPA audit guides for nonprofits, colleges and universities and health and welfare
organizations
AICPA's Audit Risk Alert "State and Local Governmental Developments"
All organizations that receive a City of Fort Worth award must submit the provided Audit
Certification Form which certifies whether you are subject to a single/program audit.
Organizations receiving federal awards from the City of Fort Worth who are not required to
have an audit shall certify in writing to the agency. The organizations Chief Executive
Officer or Chief Financial Officer shall make the certification within 60 days of the end of
the organization's fiscal year.
The following items should be submitted to the City of Fort Worth Housing
Department within the required timeframe:
Due 60 days after organization's fiscal year end: (required for all subreci ients
9 Completed Audit Certification Form
Due within the earlier of 30 days after receipt of the auditor's report or nine months after the end of
the audit period.
Two copies of the entire audit report issued by the CPA
• Two copies of any management letter issued by the CPA in
conjunction with the audit report
® Two copies of management's comments on all findings,
recommendations, & questioned costs contained in the audit
report and management letter, including a detailed corrective
action plan
Failure to submit any of these items by the required due date may result in holds on
current draw requests, suspension of the organization's contract(s) and eligibility for future
funding.
If the organization does not meet the requirements of having a single/program audit
conducted, records must still be kept available for review or audit by City of Fort Worth staff
(OMB A-133 Subpart B Sec 200(d).
If additional information is needed concerning the audit requirements, please call (817)
392-6141.
CITY OF FORT WORTH HOUSING DEPARTMENT
SINGLE AUDIT REPORT CHECKLIST
The Department developed this checklist to help organizations improve the quality and
completeness of audit reports.
General Purpose or Basic Financial Statements of the Organization Opinion/Report on Organization's
Financial Statements in accordance with Government Auditing Standards
Notes to the General Purpose or Basic Financial Statements of the Organization
A Schedule of Expenditures of Federal_Awards, including the Department's contract numbers,
the total expended for the federal program, and the CFDA number (OMB A-133 Subpart C
Sec 310).
Opinion/Report on Schedule of Expenditures of Federal and State Awards
Report on Compliance and on Internals Control Over Financial Reporting Based on an Audit of
Financial Statements Performed in Accordance With Government Auditing Standards.
(OMB A-133 § 505 (b))
Report on Compliance with Requirements Applicable to Each Major Program and Internal
Control over Compliance in Accordance with OMB Circular A-133. (OMB A-133 § 505 (c))
Schedule of Findings and Questioned Costs (OMB A-133 §. 505d), including: Summary Schedule of
Prior Audit Findings reporting the status of all findings included in the prior audit's schedule of
findings and questioned costs. (OMB A-133 Sec. 315 (a) and (b))
Corrective Action Plan including (OMB A-133 Sec. 315 (c)) name of person responsible for
the corrective action, corrective action planned, anticipated completion date, and
explanation and reason if auditee does not agree with findings or believes correction is not
required.
All reports are signed and dated by the auditor
Two copies of the audit reports are submitted
Two copies of the management letter, if issued in conjunction with the audit report Two
copies of comments by management concerning all findings and
recommendations included in management letter, including a corrective
action plan
EXHIBIT D
CITY OF FORT WORTH HOUSING DEPARTMENT
Audit Certification Form
Subrecipient: Fiscal Year Ending: 1 1
Mo Day Yr
❑ We have exceeded the federal expenditure threshold of $500,000. We will have our Single
Audit or Program Specific Audit completed and will submit the audit report within nine (9)
months after the end of the audited fiscal year.
❑ We did not exceed the $500,000 federal expenditure threshold required for a Single Audit
or a Program Specific Audit to be performed this fiscal year. (Fill out schedule below)
Must be filled out if Single Audit or Program Audit is not required:
Federal Expenditure Disclosure
Federal Funds
Pass Through Program Name & Contract
Federal Grantor Grantor CFDA Number Number Expenditures
Total Federal Expenditures for this Fiscal Year $
Printed Name Title (Must be CFO, CEO or equivalent)
Authorized Signature(Must be CFO, CEO or equivalent) Phone Number Date
Failure to submit this or a similar statement or failure to submit a completed single audit
package as described in the audit requirements by the required due date will result in
suspension of funding and will affect eligibility for future funding.
Submit this form to the City of Fort Worth within 60 days after the end of your Fiscal year