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HomeMy WebLinkAboutContract 23883 CONTRACT No. rf s x t fy " Name 1rC' �< ? For ' l f j p AP;roved By Council � f Filed ._2_ �y ca day t f 19� City Secretary �r t „,. r _R CAq? 4?f Foil Worfk- RAxas Mayor and CouncH Communication DATE � &�FERENCE NUMBER LOG k$A m.,07/15/97�. .� � C;-16161 � 05d0i4lkiE 1 of 5 . sU _( AFFORDABLE HOUSING DEVELOPME-ENT FUND ALLOCATIONS __ RECOMMENDATION: it is recommended that the City Council: 1 . Approve the use of $266,200.00 in HOME funds from the Affordable Housing Development Fund (AHDF'J, and $55,300.00 in HOME match funds from the AdDF and; approve the; .,.> nsfer of the following funds for tha AHDF; and Hon-- $266,200.00 55,300.00 2. .Authorize th-_. , y Manager to execute contracts, not to exceed a combined total of $321 ,500.00 in HOME funds and HOME match funds with the following housing sponsors; and a. $100,000.00 deferred payback loan to the Salvation Array for construction of an elevator -to provide accessibility for persons with disabilities at its transitional housing facility; b. $70,0001.00 to Neighborhood using Services, Inc. for construction of single family infill housing; i C. $151 ,500.00 deferred payback loan to Volunteers of America for rehabilita°lion of transitional housing. 3. Approve the use of $150,000.00 in Ccmmunity Development Block Grant (CDBG) funds from the Affordable dousing Development Fund, and 4. Authorize the City Manager to execute a contract for deferred payback loan not to exceed $150,000.00 with the Presbyterian Night Shelter for construction of a Safe Haver E for mentally ill homeless; and 5. Approve the use of $261 ,000.00 in Rental Rehab funds from the Affordable Housing Development Fund; and 6. Authorize the City Manager to execute a contract for a loan not to exceed $261 ,000.00 with XA Limited Partnership for multi-family rehabilitation; and a 7, Authori_e t -ie contract performance period on 0 five contracts to begin on the date ' signed and end Niay 30, 1999. y Fort, ,70 r 1, - x i z,s t ... ............. F kf-E .._ .��ddl~NCE NUMBER _ LO ,AKA, g 07/15/9'7 C-1 6181 05H Oi E 2 of 5 EtIBJECT AFFORDABLE HOUSING DEVELOPMENT FUND ALLOCATIONS DISCUSSION: Or, November 19, 1996, (MSC G-11 680) the City Council allocated $1,143,6168.00 in total yfunding to establish the Affordable Housing Development Fund. Th's total funding is I comprised of $222,365.17 in combined Year XVI, XIX, XX and XXI Community Development Block Grant (CDBG) funds, $500,000.00 in federal HOME Investment Partnership Act funds, $316,000.00 in Reyi al rehabilitation funds, and $105,300 00 in HOME match funds. The Affordable housing Development Fund is intended to leverage city funds by generati-g greater participation from nonprofit and/or for-profit organizations in preserving and developing affordable housing opportunities. A Request for Proposals was issued on December 9, 1996. -A proposers' confcrence was held on January 11, 1997 at 3:00 p.m. Thirteen proposals were received by the due date of February 28, 1997. One proposal was received on March 25, 1997. Staff "-ovided technical assistance and held discussions With the applicants oil their proposals. A total funding amount of $2,968,-h1'-'9.00 °,eras requested by the fourteen proposers, $2,197,789.00 for rehabilitation, and $771,000.00 for new construction. Staff., is recommending funding totaling $732,500.00 for five organizati og s. The remaining balance of $411,168.00 will be carried over and made available in a future Request For Proposals. A brief uescription of projector recommended for funding follows. A mare detailed description of sponsors and their projects is included in Attachrnent A. AGENCY SCOPE OF WORK AMO1..3 T FUNDING TYPE Presbyterian Might New construction $150,000.00 CDBG Shelter of Safe [haven for mentally ill g horneless (20 units) Neighborhood Housing Will Housing $ 70,0G0.00 HOME Services construction line of credit Salvation Army Construction of elevator $100,000.00 HOME to refflove t Sich:ierilur l varrier for persons, .Jth disabilities 149 unitsr l �° y of Fort Wrmlk 7-eep.,rc TAon Mayor and Caunc d'p Owmn. ,unical AGE- DATE T FERENCE NUMEER 1E -i�i 07/15/97 G-16181 05HOME 3 of 5 Sul AFFORDABLE; HOUSING DEVELOPMENT FUND ALLOCATION'S — JECT iiii Volunteers of America Rehabilitation of rental $151 ,500.00 HOMEMOME housing units, for chemically ($96,200 HOW) Match dependent low income ($55,300 HOME Match) persons XA Limited Partnership Rehabilitation of the 149 $261 ,000.00 Rental Rehab Unit Ridglea ViliageProgram Apartments TOTAL $732,500.00 Sponsors requesting funds but not recommended are as follows: NAME ',,MOUNT REQUESTED REASON FOR NOT FUNDING Fort Worth Houcing $348,000.00 Proposed property Authority acquired by another organization. B Trust $ 7,500.00 Project contains severe and flood structural hazards. Time )ne Day at a $175,000.00 Ot'ganization needs to develop its inte►nal control and management infrastrjcture. Project contains built in code violations and proposes no leverage. Cross Roads Living $750,000.00 Project too large for current management's capacity. The organization needs to build stronger internal control and project management infrastructure. CV�y of Foil Wbilh., Texas Mayor arid Council DATE FEREXCE NUMBER Ti—At—T 07/15/97 C-16181 05HOME 4 of 5 s JECT AIFFORDABC.E HOUSING DEVELO1�fVlENT FUND ALLOCATIONS Walker Johnson $ 27,530.00 Proposed rent strtacture not attainable in project's market. More appropriate rent levP{s suggest the project would not be financially feasible. S h i I o Econvrr;i; Development Corp. $ 50,000.00 Poor leveraging of City funds. Habitat for Citizens $ 75,000.00 Organization needs to demonstrate further progress with City f=unds already received. House of Prayer $ 75,000.00 Organization needs to develop internal control and management infrastructure. i No leveraging for City funds. Armadillo Flats $200,000.00 Application was submitted after the official deadline. Application currently being considered for funding from other City funds. This recommendation was forwarded to tha City Council by the Safety and Community Development Committee on July 8, 1097. 1 s i C'14,p of Foil WeAlh, R?XMIF Mini-or and -6J-A—W---- 1RE 1F1 -E NUKE-ER-----.-FL6-G NAME 07/15,197 C-16181 05HOME 5 of 5 SUBJECT FAFFORDABLE HOUSING DEVELOPMENT FUND ALLOCATIONS FISCAL INF0RI8,TI0N/CERTIFiQATIQN-- The Director of Fiscal Services certifies that upon ap,,.-.-va6 of recommendations, funds will be available 1r, the current fperating budget, as appr,,priated, of the Grant Funds, I-W-f Subtuitied for City M;mager's FUND—j ACCOUNT C ENTER AMOUNT CITY SECRETARY Office by: (to) (I)GR76 539120 045206104062 5100.000.00 LiZ)by WaLson 6133 (1)GR76 53950 005206104063 70,000.00 origW46Ug Departaleat Head. (I)CR76 539120 003206107043 55.300.00 1)GR76 539120 M5206104064 96.2011.00 (3)GR76 539120 005'?- 101700 100.000.00 Jerome walk'!- 7537 (tronj) APPROIVED 7-75-97 (1)GR 1�6 539120 005206104520 $266.200.00 (I)GR76 539120 005206107120" 5-S."100.00 (2)GR76 539120 005206104062 100,000.00 (2)GR76 539120 005206104061 70,000.00 (2)GR76 539120 005206107041 55,31-Y3.00 (2)GR76 535120 0052PAI04064 96.20W0,,(A' (3)(jR 16 5P W�S 2061 0 1 31,K) (4)G R 7 1, ­TY)—1120 -0-(F52 G��I vu or Additional lnfonrjafioi� 1001000.00 (4)GI.76 539 00520-608823 50.000.0(? R)ffle Walker 7537 (6)GR92 VARIOUS 005206078000 tt 261,000A STATE OF 'I EXAS COUNTY tIF TARRAN x' § THIS contract is made and entered into by and between the City of Fort Worth ("City"), acting by and through Libby Watson, its duty authorized Assistant City Manager, and the Volunteers of lunerica, ("Contractor"), by and through. David North, its duly authorized President, Contractor's business address is P. 0, Box 200276, Arlington, Texas '760136-0276° WHEREAS, the City of Fort Worth has received grKnt :ponies from the United States Department of Housing and Urban Development ("HUD") through the Home Investment Partnerships Program ("HOME"), with whicly the City desires to promote activities that expand the supply of affordable housing and the development of partnerships amoi.ig the City, local governments, local lenders, private industry and n6gbborlhood based, nonprofit housing organizations; and WHEREAS, the primary purpose of the HOME program pursuant to the rational Affordable Hwising Act of 1990 ("N,"UTA") and 24 CFA' 92, ("the Regulations") is to benefit low and very-low income persons by providing them with affordable housing; and w WHEREAS, Contractor, a nonprofit corporation managed by a volunteer Board of Directors, is working to increase the availability of affordable transitional rental Housing units avaPable to love and very-low income persons wilt special need ; and WHER.­ kS, the citizens of Port Worth and the City Council of Fort Worth have determined that transitional rental housing is needed by low and very-low income persons with special needs of Fort NOW, TIIEREFORE, THIS AGREEMENT FURTHER WITNESSETH: 1 GENERAL PROVISIONS 1.1 -_JM0Se 1.1.1 The express purpose of this agreement is to provide Contractor with HOME fund. not to exceed One Hundred Fifty One Thousand Five Hundred Dollars, ($151 ,500), representing a deferred payback lean for the rehabilitation of a transitional housing facility located at 2541 Ave, H for low income chernivaily depeDdent persons, in accordance with Exhibit A-"Prograrn Summary" 1,1.2 The, City shall act throi,.gh its agent_ the City Manager, or his duly authorized representative, unless otherwise stated in &,is agreement, Contractor agrees to comply with the uniform administra!V!e requireanents contained in Section 92.505 of the HOME regulations. In ade4tion, Contracilor must comply with the in Subpart F of the Regulations. 1.2 1L'ra9;iUn Period of Affordability 1.2.1 This contract begins on the date it is signed, with the reha�nilitatiDa of the facility to be completed by May 30, 199°4, and to remain in effect through the period of affordability, as determiiied in section 1.2.3 below. 1.2.2 The housing developed by Contractor must qualify as affordable rental housing as l: defined in Section 92.252 of the Regulations. If tht� housing does not qualify as x; affordable rental housing; the funds used to produce said hou:in Tatust oe repaid to the City. F 1.2.3 The rental housing project must remain affordable without regard to the term of MY y mortgage or the transfer of ownership, pursuant to deed restrictions, begin-ring, after k- project compietion, for not less than fifteen (15) years. 1.3 Income Eli ibili 1.3.1 The HOME program uses the income definitions used in the Section 8 Program, Annual income includes earned income, income do n as6,;ts, and income f<Wm other sources as defined by 24 CFR 813. Annual inc6r_je is used to es:abiish tenant eligibility. 1.4 Tenant Selection 1.4.1 Contractor must adopt written tenant selection policies and criteria that: 1.4,1.1 Are consistent with the purpose of providing foes ng for very low-income and low-income, special needs persons; 1.4.1.2 Are reasonably related to program eligibility and the applicants' ability to perform the obligations of the lease; 1.4,1,3 Provide for 1) the selection of tenantp from a written waiti-Ag list in the chronological order of their apl,lication, insofar as is practicable; aad 2) the pro ipt written notification to any rejected applicant of tr.e grounds for rejection. 1.5 Lease 1.5.1 The Contractor sball use the lease provided �-y the City to insure compliance with the provisions in 24 CFR 92.23 . -2- I-S Housing Oualitv Standards 1.5.1 For all transitional housing units leased, the Contractor is required to meet HUD Housing Quality Standards (HQS), as well as City of Fort Worth Rehabilitation Standards, 1.7 Independent Com-actor 1.7.1 Contractor shall opeLa)e hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Contractor 01 311 Dave exclusive control of, and the exclusive right to control, the details of the work and services perfornied hereunder, and all persons performing same, and shall be solely responsible for the acts and Ornissicis of As officers, members, agents, servants, employees, subcontractors, pzogram participants, licensees or invitee. The doctrine of respondeat superior shall not appl;, as between. City and Contractor, its officers, memuers, agents, servants, employees, subcontractors, program. participants, licensees or invitee, and nothing herein shall b,.: constmed as creating a partnership or joint enterprise between City and Contractor. It is expressly understood and agreed that no officer, mentiber, agent, employee, subcontractor, licensee or invitee of the Contractor, nor any program participant hereunder, is in the paid service of City and that City does not have the legal right to control the details of the tasks perforined hereunder by Contractor, its officers, nienib--rs, agents, employees, subcontractors, program narticipants, or invitee. 1.7.2 City shall in no way nor under any circa mn.,tances be responsible for any property belonging to Contractor, its officers, members, agents, cinployees, subcontractors, program participants, licensees or invitee, which may be lost, stolen, destroyed or in any way damage,..-.'; and contractor hereby indemnifies and holds harmless City and its officers, agents, and employees froin and against any and all claims or suits. 1.8 Ter-nnination 1,.8.1 This contract may be terminated by the City in the event of defau:'., inability, or failure to perform on the part of Contractor, or whenever such termination i° determined by the City to be in the City's best interest. Likewise, the contract may be terminated by Contractor if the City does not provide funds pursuant to this agreement. The contract may be terminated for mutual convenience upon agreement of the parties. 1.8.2 Thy parties acknowicdge that HOME funds paid hereunder are intended to provide only partial funding for Contractor's program operations. If non-110 1E funds in the Opera�Jng Budget are not -forthcoming to Contractor during the contract term, City inay terminate this contract. 1.83 City shall notify the Contractor in writing of any breach or this contract, and spe-cilfi,,, a reasonable time within which to cure the particular breach After being uotitied of such non-rnate7ial breach, if Contractor fails to curc the non-material breach within tine time stated in the notice. this contract shall automatically tenninate at the expiration of the stated time allowed frr cure. 1.8.4, Contracto: will returr. to City any unused monies previously disti4buted under this contract wi,-�it, thirty (30) days of the effective date of contract termination. City will have ne responsibility or liability for Contractor's expenditures or actions occurring after the effective date of the contract termination. 1.9 Venue i.9.1 Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or non-pt-fformance of this agreenleott, venue for said action shall be in Tarrant Cowity, Texas. 1.10 WrittLrt Instrument is Ent Ire Agrqgemjgnt 1.W.1 AB zlerims of this contract shall apply to any and all subcontractors of Contracto?° which are in any way paid with HOME finds or who perform any work in connection with Ccritractor's program. L I0.2 The provisions of this• agreement are severable, and, if for any reason a clause, sentence, paragraph or other part of this agreement shall be determined to be invalid by a court or federal ot stag- agency, or board or commission having jurisdiction over the subiect matter the.-c.-f, such invalidity shall not affect other provisions which can be give,-n effect without the invalid provision. 1.10.3 The failine of the City to insist upon the performance of any term or provision of this agreen,,!L-.nt or to exercise any right herein conferred shall not be construed as a Y---iver or relinquishment to any extent of the City's right to assert or rely upon any such term or right or, any future occasion. 1.10.4 This written instrument and the exhibits attached her..=, which are incorporated by reference and made a part of this contract for all purposes, constitutes the entire contract by the parties hereto con(terifing the work and services to be performed under this contract. Any prior or contemporaneous oral or written agreement which purports to vary the terms of this contract shall be void. Any amendments to the terms of this contract must be in writing and must be approved by each party to this contract. 1,11 Para 2rat)h Headings I.11.1 The paragraph headings contained herein are for convenience in reference to this -4- contract and are not intended to define or do liRlit the scope of any provision of this contract. 2 DUTIES AND RESFONSIBILITIES OF CITY 2.1 Disbursement of Funds 2.1.1 The City will furnish federal grant funds, (United States Department of Housing and UrI as Development HOME Investment Partnerships Program) for use as stated herein. The City will monitor the use of such funds to ensure appropriate use of the funds. Funds shall be disbursed after execution of this contract and compliance with the provisions therein. Disbursements of HOME hands for the actual construction of an elevator will be on a reimbursement basis. Reimbursement of expenses will require completion of a `Request For ]Funds" form, accompanied by a notarized "AIA" fund request signed by the contractor, or similar form approved by the City. 2.2 Amount of Funds 2.2.1 It is agreed that the total distribution of federal grant fu: '9 made available to of paid on behalf of Contractor, during the term of this contract shall not a;tce,:d the total sum of One Hundred Fifty Onp Thousand Five Hundred Dollars ($151,500). 2.2.2 Contractor will use up to One Hundred Fifty One Thousand Five Hundred Dollars ($151,500) of total HOME funds for the rehabilitation of a transitional housing facility located at 2841 Ave. H. 2.2.3 Contractor shall pay all expenses incurred under this agreement, and shall be reimbursed for specific rehabilitation costs pertaining to property identified for the purpose of this Program. The City is not responsible for any added costs resulting from deviations from the scope of work delineated in the original work writr-up including unknown site conditions, oversights or omissions in any architectural plans or renderings. 3 DUTIES AND RESPONSIBILITIES OF CONTRACTOR 3.1 Statement of Work. Budget and Time Line for Goals and ExWnditures 3.1.1 Contractor will rehabilitate the property located at 2841 Ave. H., which consists of eight transitional rental units providing housing to low and very-low income chemically dependent persons residing inside the City of Fort 'North. "2 Budget 3.2.1 Contractor agrees that the HOME funds will be expended in, accordance with Exhibit B -"Program Budget". No change shall be made without prior written approval of the City. Under no circumstances shall the total amount of program fiinds expended. by Contractor from funds paid by the CAY exceed One Hundred F7fty One Thousand Five Hundred Dollars ($151,500). 3.2.2 The funds from the City may be spent only to reimburse actual expenses for the rehaMita.tioc of the property for low and very-low income, chernically dependent persons. Expenses for administrative costs or overhead are specifically not al;nwable through this Contract. 3.3 Time Line for Goals and E.VenditirL 3.3.1 Contractor -will work in accordance with Exhibit C- "Program 'rime Line", and ensure that program goals and expenditures correspond with the completion of the Program. To comply with I-UD tinge constraints itDposed on the Propt-, the Contractor is expected to submit a finalized Statement of Work-, with a not ' of award to the general contractor to the C�ty, and complete the rehabilit, the transitional housing facility within one year of tare HOME cortract executiu 3.3.2 Contractor agrees that all work on the project will be performed under written contracts, and Contractor will ensure that all suhcontracted work is performed under between the construction contractor and. subcontractors and suppliers. Copies of contracts between construction conin--ctor and all subcontractors performing work on the project roust be submitted to the City prior to City disbursement of HOME funds to Ccntractor. Contractor will require, that construction contractor make payment to all subcontractors, laborers and suppliers by check. 3.4 Reversion of Assets 3.4.1 Contractor agrees to return to the City any HOME funds remaining on hand at the end (A the contract. If repayments, interest or other returns on investment attributable to HOMF fijnds are received aft the term of this contract, they shall be returned to the City to be deposited in the City's HOME local account in accordance with Sections 921.503 (b) and 92.504 (c) (3) of the HOME regulations. -6- 3.5 Affirmative Marketing 3.5.1 Contractor must adopt affirmative marketing procedures and requirements for all 140ME housing. The procedures and requirements must include methods for informing the public, owners and potential homebuyers about fair housing laws and policies so as to ensure thwt all individuals, without regard for race, creed, nationality or religion, are given an equal opportunity to participate in the Program. The Contractor will be solely responsible for the effective marketing responsibilities necessary to achieve the Contractors' production goals set forth in Paragraph 1.1.1 above. 3.6 Recapture Provisions 3.6.1 If the Contractor retains ownership of the property for the full period of affordability, no recapture restrictions will apply. 3.6.2 Any sale of the property by the Contractor during the term of affordability will require repayment of the HOME funds to the City. 3.6.3 The Contractor will establish a right of first refusal to buy the property at sale to be recorded with the deed for the property. 3.6.4 Refinancing of the property by the k7ontractor shall require the review and prior approval of the City. 3.6.5 In the event of default the order of distribution of resale proceeds are as follows: 3.6.5.1 payment of debt (mortgage/loans incurred to acquire the property); 3.6.5.2 payment of second mortgage; 3.6.5.3 excess proceeds shall be returned to the City of Fort Worth to the extent of the loan balance. 3.6.5.4 any residual proceeds to be returned to the Contractor. 3.6.6 Contractor understands that these specific property recapture provisions are applicable on HOME funded properties, including the requirement that the tenants must use the property as their principal residence. 3.7 Records and Reports 3.7.1 Contractor :oust review the income of each tenant household living in HOME assisted ` units at least annually. The maximum monthly rent must be recalculated by the owner ..r -7- � � l" and reviewed and approved by the City annually, and may change as changes .n the applicable gross rent amounts, the income adjustments, or the movahly allowance for utilities and services warrant. When there is any increase in rent, the owner must provide tenants of those units not less than 30 days prior written notice before implementing any increase in rents. 3.7.2 Contractor will keep or cause to be kept an accurate record of all actions taken and all funds expended, with source documents, in ti,,-. pursuit of the objectives of the pt,rxbrmance of this contract. Such records shall be kept for the period of affordability mandated by the Regulations. 3.7.3 Contractor will obtal,% and keep on file the following iniformatior, on each client served by the Prop-ram: 3.7.3.f annual income of the effent; 3.7.3.2 ethnic grotro of the client, using one of the following five categories. White, not Hispanic; Black, not Hispanic; Hispanic; Asian or Pacific Islander; American Indian or Alaskan Native; 3.7.3.3 additional statistical information as may be required by HUD regulations and any amendments thereto. 17.4 Contractor will keep on file the following information and documentation on the project: 3.7.4.1 proof that the project meets the applicable property standards; 3.7.4.2 the per unit amount of HOME dollars invested; 3.7.4.3 the compliance with the affirmative marketing requirements and existence of acceptable procedures; 3.7.4.4 compliance with relocation requirements, if applicable; 3.7.4.5 minority and fernal.- owned business data, and affirmative fair housing actions; 3.7.4.6 complia-nce with lead based paint, 3.7.4.7 compliance with conflict of interest rules. 3.7.5 By the 15th of each month during which this program is supported by the HOME Investment Partnerships Program funds provided under this contract (to be construed as including the use of any asset obtained through the expenditure of HOME funds), Contractor will supply the City with a report detailing: 3.7.5.1 progress toward goal achievernent; and 3.7.5.2 expenditure detail. 3.7.6 Reports shall be submitted in the format specified by City. 3.8 Cost Principles 3.8.1 Contractor shall comply with the requirements and standards of OMB Circular A-122, "Cost Principles for Non-Profit Organizations" and with the following Attachments to OMB Circular No. A.-110 and any changes to either Circular; (it is understood that all items below may not be applicable to the Contractor's operations): 3.8.1.1 Attachment A, "Cash Depositories", except for Paragraph 4 concerning deposit insurance; 3.8.1.2 Attachment B, "Bonding and Insurance"; 3.8.1.3 Attachment C, "Retention and Custodial Requirements for Records"; 3.8.1.4 Attachment F, "Standards for Financial Management Systems"; 3,8.1.5 Attachment 111, "Monitoring and Reporting Program Performance", paragraph 2; 3.8.1.6 Attachment N, "Property Management Standards", except for paragraph 3 concerning the standards; 3.8.1.7 Attachment 0, "Procurement Standards"; and 3.8.1.8 Attachment P, "Audit Requirements". 3.8.2 For all HOME funded contracts in the amount of $300,.000 or more, Cratractor must submit to City an annual audit prepared in accordance with 24 CFR part 44 generally, with specific refereace to OMB Circular A-133, A-110: Attachments B; attachment F; attachment H, paragraph 2; ana attachment O. The audit may cover either Contractor's fiscal year during which this contract is in force or cover the period of the contract. This audit mast be prepared by an independent certified public accountant, be completed within twelve (12) months following the end of the period being audited and be submittea tc, the C;ty within (30) days of its completion. 3.8.3 City reserves the right to perform ai.,, audit of Coirr;."�:�.-A, prograrn Operations and finances at any time during the term of tthis contract, if 0! tcrmines that such audit �",V, -i�d -ctor ag -e-, to is necessary [01- City's compliance witt, OU411 Circular A-1 a� , Contm 7c allow access to all pertinent materials described in �:-,ctlon, headed records &.,d reports above. If such audit reveals b questioned practice c- expend Lure, suet) questions must be resolved within (15) days after notice to Contracto., of such questioned practice or expenditure. If questions are not resolve-d within this period, City reserves the right to withhold further funding under this and/or future contract(s). 3.8.4 If as a result of any audit it is determined that Contractor has misused, misapplied or misappropriated all or any part of the grant funds described herein, Contractor agrees to reimburse the City the amount of such monies so misused, anisapplied or. -misappropriated, plus the amount of any sanctions, penalty or other charge levied against City because of such misuse, misapplication, or misappropriation. 3.9 Monitor..Effectiveness of Services and Work 3 3.9.1 The City will review the activities and performance of each contractor and subrecipient not less than annually as required in Section 92.504 (e) of the HOME regulations. 3.9.2 Contractor agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by Contractor's compliance with the terms of this contract. The City Shall have access at all reasonable hours to offices and records (dealing with the use of the funds that ar-- the basis of this contract) of Contractor, its officers, directors, agents, employees, and subcontractors for the purpose of such monitoring. 3.93 Contractor agrees to likewise monitor the effectiveness of the services and work to be performed by its subcontractors. 3.10 Compliance with All AWlicabLe Laws arzd Re ul;ktions 3.10.1 Federal 3.10.1.1 Contractor agrees to comply with the following laws and the reguLtions issued ffirreunder as they are currently written or are hereafter amended during performance of this --ontract: 3.10.1.1.1 1 itle VI of Civil Rights Act of 1964 (42 USC 2000~. et seq) 3. 10.1.1.2 Title VIII of Civil Rights Act of 1968 (42 USC 3601 et seq) 3-10.1.13 Executive Orders 11063, 11246, as amended by 11375 and as supplemented by Department of Labor regulations (41 CFR, Pan 60) 3.10.1,1.4 Section 504 of the Rehabilitation Act of 1973 (29 USC 794) 3.110.1.1.5 The Age Discrimination Act of 1975 (42 USC 6101 et seq) IVA Vivamp"M V 1,10. It.1.6 National Envirearriental, Policy Act of 1969 (NEPA) and the v0ated authorities listed HUD's implementing regulations (24 CFR Part 58). J I Stat .3359, 3.10.1.1.7 Immigration _1 Reform and Control Act of 1986 (Pub, L. 99-603, 100 as amended) specifically including the provisions requiring employer verificati­�-i of legal worker status of its employees 3.10.1.1.8 Housing and Community Development Act of 1987 (Pub. L. 100-2422, 101 Stat. 1815, as amended) 3.10.1-1.9 The Americans with Disabilities Act of 1990 (42 USC 12101 et sect) 3.10.1,1,10 National Affordable Housing Act of 1990 3.10.1.1.11 The Drug Free Work Place Act of 1988 (24 CFR part 23, subpart F) 3.10.1.2 Contractor, in the operation of its program, will also comply with Office of Management and Budget Circular A-122 and attachments and revisions thereto, regarding principles for determining costs for HOME-funded programs. 3.10.1.3 Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701. 3.10.1.4 As the work performed under this contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as an..:.Aed, 12 USC 1701, Contractor covenants to abide by the requirements of the said Section 3. it requires as follows: 3.10.1.4.1 That, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area, and 3.10.1.4.2 That, to the greatest extent feasible, contracts for work- in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. 3 n 10.1.5 Contractor will comply wit., the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development, set forth in 24 CFR 1135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. Contractor certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements. s.10.:..6 Contractor agrees that iL Will send to each Gabor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers -,.presentatides of its commitments under tb-*Is Section 3 clause and shall post copies of !ihe notice in conspicuous places available to employees and applicants for employment training 3.10.1.7 Contractor agrees that it will include the said Section 3 clause in every subcontract for work in connection with the project and will, at the direction of City, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135. Contractor agrees that it will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided Contractor with a preliminary statement of ability to crin')ly with the requirements of these regulations. 3.10.1.8 City and Contractor understand and agree that compliance with the provisions of Section 3, the regulations set f.)rth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract shall be a condition of the Federal financial assistance provided to the project, binding upon City and Contractor, and their respective successors, assignees and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors, its successors and assignees, to those sanctions specified by the Grant Agreement through which federal assistance is provided and to such sanctions as are specified by 24 CFR 135. 3.10.2 Clean Air Act; Clean Water Act; Environmental Protection Agency (EPA) Acts and Regulations 3.10.2.1 This contract is subject to the requirements of Section 306 of the Clean Air Act, as amended (42 USC 1857(h) et seq.), Section 508 of the Clean Water Act (33 USC 1368), Water Pollution Control Act, as amended (33 USC 1251 et seq.) and the regulations of the EPA with respect thereto at 40 CFR, Part 15, as amended from time to time, and Executive Order 11738 (42 USC 7606 nt.). In compliance with said regulations, Contractor agrees and, with respect to any nonexempt transaction, shall require each subcontractor to agree to the following requirements: 3.10.2.1.1 A stipulation that no facility to be utilized in the performance of nonexempt contract or subcontract work is included on the List of Violating Facilities issued by the (EPA) pursuant to 40 CFR 15.20; 3.10.2.1.2 Compliance with all the requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8), and Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318), relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued hereunder: 3.10.2.1.3 A stipulation that, as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal -12- Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under con-7 ideration to be listed on the EPA List of Violating Facilities, 3.10.2.1.4 Agreement by Contractor that it will include or cause to be included the criteria and requirements of this section in every nonexempt subcontract, requiring that Contractor will take such action as City may direct as a means of enforcing sucb provisions. 3.10.2.2 In no event, shall any amount of the assistance provided under this contract be utilized with respect to a facility which has given rise to a conviction under the Clean Air Act or the Clean Water Act. 3.10.3 Other Laws 3.10.3.1 Contractor covenants and agrees that its officers, members, agents, employees, program participants and subcontractors shall abide by and comply with all other laws, (federal, state and local) relevant to the performance of this contract, including all ordinances, rules and regulations of the City of Fort Worth and the Regulations. Contractor further promises and agrees that it has read, and is familiar with, terms and conditions of the Regulations under which funds are granted and that it will fully comply wi:h same. It is agreed and understood that, if City calls the attention of Contractor to any such violation,,; on the part of Contractor or any of its officers, members, agents, employees, program participants or subcontractors, then Contractor shall immediately desist from and correct such violation. 3.11 Prohibition Against Discrimination 3.11.1 Contractor, in the execution, performance or attempted performance of this contract and agreement, will not discriminate against any person because of sex, race, religion, color or national origin, nor will Contractor permit its officers, members, agents, employees, subcontractors or program participants to en-age in such discrimination. 3.11.2 During the performance of this contract Contractor agrees, arid will require all its subcontractors i,, agree, as follows: 3.11-2.1 Contractor will not unlawfully discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Contractor will take affirmative action to ensure that applicants are employed and that employees are treated fairly during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but -not be limited to, the following: employment, upgrading, demotion or transfer., recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. ('-ontractor agrees to post in conspicuous places, available to employees and applicants for employment, 110tiCeS Seldlicir forth t►'e provisions of this nondiscrimination clause. 3.11.2.2 Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, stag that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 3.11.3 In accordance with the policy of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age or because of any handicap, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. 3.11.4 Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements fir employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. 3.11.5 In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in tf.e availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability aad will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced 'laws concerning disability discrimination in the performance of this agreement. 3.11.6 This agreement is na-le and entered into with reference specifically to the ordinances codified at Chapter 17, Article III, Division 3 ("Discrimination in Employment Practices"), of the City Code of the City of Fort Worth, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents, employees and subcontractors, have fully complied with all provisions of same and that no employee, applicant or program participant has been discriminated against by the terms of such ordinances by either the Contractor or its officers, members, agents, employees or subcontractors. g -14- 3.12 Prohibition Against Interest 3.12.1 No member, officer or employee of City or its designees or agents; no [nember of the governing body of the locality in which the Program is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with. respect to the program funded hereunder during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be perforr.ned hereunder. Contractor shall incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts hereunder. 3.12.2 No officer, employee, member or program participant of Contractor or its subcontractors shall have. a financial interest, direct or indirect, in this contract or the monies traiisfe:---ed hereunder or be financially interested, directly or indirectly, in the sale to Contractor of any land, mater;ils, supplies or services purchased with any funds transferred hereunder, except on behalf of Contractor, as an officer, employee, member or program participant. Any willful violation of this paragraph with the knowledge, expressed or implied, of Contractor or its subcontractor., shall render this contract voidable by the City -)f Fort Worth. 3.123 No officer, employee, agent, consultant, elected official or appointed official of the participating jurisdiction, Contractor or its subcontractors who e-,ercised 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 preA'Xeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 3.13 Assignment 3.13.1 Contractor shall not assign all or any part of its rights, privileges, or duties under this contract without the prior written approval of City. Any attempted assignment of same without approval shall be void, and shall constitute a breach of this contract. It is agreed that the City has the right to inspect and approve in writing any proposed subcontracts between Contractor and any subcontractor engaged in any activity in conjunction with this HOME funded project prior to any charges being incurred. 3.14 Indemnit 3.14.1 Coi.vractor covenants and agrees to indemnify, hold harmless and defend, at its own exp.i-,nse, City and its officers, agents, servants and employees front and against any and all claim-, or suits for property lost- or damage and/or personal injury, including death, to any and, all persons, of whatsoever kind or character, whether real or asserted,, 4 4 arising out of or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement and/or the operations, activities and services of the Program described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City; and Contractor hereby assumes all liability and responsibility of City and its officers, agents, servants, and employees for any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement and/or the operations, activities and services of the programs described herein, whether or not caused in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City. Contractor likewise covenants and agrees to and does hereby indemnify and hold City harmless from and against any and all injury, damage or destruction of property of 4 City, arising out of or in connection with all acts or omissions of Contractor, its officers, members, agents, employees, subcontractors, invitees, licensees, or program participants, or caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City. 3.14.2 Contractor will maintain a blanket fidelity coverage in the form of insurance or bond in the amcunt of$50,000, to insure against loss from the fraud, theft or dishonesty of any of Contractor's officers, agents, trustees, directors or employees. The proceeds of such bond shall be used to reimburse City for any and all loss of HOME monies occasioned by such misconduct. To effectuate such reimbursement, such bond shall include a rider stating that reimbursement for any loss or losses thereunder shall be made directly to City for the uses and benefit of Contractor. 3.15 Waiver of Immunity 3.15.1 If Contractor, as a charitable or nonprofit organization, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death, to persons or property, Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or cornmon law. 3.16 Public Liability Insurance 3.16.1 Contractor shall furnish a certificate of insurance as proof that it has secured and paid for policies of public liability and automobile liability insurance covering all risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement. 16- 3.16.2 The amounts of such insurance shall not be less than the maximum liability which can be imposed on City under the laws of the State of Texas. At present, such arnounts shall be as follows: 3.16.2.1 Property damage, per occurrence $100,000 3.16,2.2 Bodily injury or death, per person $250,000 3.16.2.3 Bodily injury or death, per occurrence $500,000 3.16.3 Such insurance amounts shall be revised upward at City's option and that Contractor shall revise such amounts within thirty (30) days following notice to Contractor of such requirements. 3.16.4 Contractor performing construction items also agrees to furnish the City with a certificate of insurance as proof that it has obtained and paid for a policy of Workers' Compensation Insurance in the amounts required by State law, covering any an all employees of Contractor active in the Program funded under this contract; and Contractor agrees to require its' subcontractors to carry adequate Workers' Compensation Insurance in the amounts required by State law. 3.16.5 Contractor will submit to City documentation that. it has obtained insurance coverage and has executed bonds as required in this contract within thirty (30) days of the execution of this contract and prior to payment of any monies hereunder. 3.17 Program Income Qualifications for Families 3.17.1 Contractor agrees to abide by HUD income guidelines, which are specific to the type of project that is undertaken by the Contractor. 3.18 Certification Regarding Lobbying 3.18.1 The undersigned representative of Contractor hereby certifies, to the best of his or her Imowledge and belief, that: 3.18.i.I No federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, s member of Congress, an officer or employee of Congress in connection with the awarding of any federal contract, the making of apy federal grant, the making of any federal loan, the entering into of any cooperat_ve agreement and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. -17- 3.18-1.2 If any funds other than federally appr•Dpriated hinds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, member of Congress in connection with this federal contract, grant, loan or cooperative agreement, Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3.18-1.3 The Contractor shall require that the language of this certification be 'included in all subcontracts or agreements involving the expmetiture of federal funds. As- IN WITNESS WIJEREOF, the parties here=to have executed four copies of this contract ill Fo • Worth, Tari-ant Count y, Texas, this day of A.D. 1 9 ATTEST: CITY OF t;ORT WORTH City Secrf ' By:ry Li yv Watso Assistant City Manager APPROVED A'S TO FqPJV1 AND LEGALITY: 0 Contract. Au%r nation 47 /.' 1 "Ir�Ilvllr Il Ass(. Chy Attorney Date VOLUNTEERS OF AMERICA B y:LA zli 91 - David North, President STATE OF TEXAS COUNTY OF TARRANT § BEFORE ME, tbc. undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared J.Jbby Watson, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowl ged to me that the same was the act I-F the City of Fort Worth and that she executed the sani the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. 1-114.9 GIVEN UNDER MY HAND AND SEAL OF OFFICE this -- 1 (t V' day of A.D. 199-- Notary Public in and for the State of Texas OR Comm. LA BARNE3 03 L B N N OT PUBLIC OTARY PUBLIC I S of a of Texas Texas omm x 'P -31�2001 Comm, Exp. 03-3 �2 e I- . C 3 STtk1'E OF TEXAS COUNTY OF 'rARR,,%NT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared David North, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Volunteers of America and that he executed the same as the act of said Volunteers of America for the purposes and consideration therein expressed and in the capacity therein stated as its duly authorized officer or representative. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I day of A.D. 19.4i VAHRINEFFREYS A My GISSION EXPIRES 7 OMM Notary Public in and for the State of Texas December 17,2( 1 -20- EXHIBIT A PROGRAM SUMMARY i PROGRAM TITLE __-- — VOLUNTEERS-ER OF AMERICA-TRANSITIONAL HOUSING PROGRAM j .I AHDF—HOME FUNDS OPERATING FUNDS ? $0.00 j t !� SUPPLIES — ------— _ -------—--- _. __._..___ —— -- 4-- ——°000—— CONTRACTUAL SERVICES{REHABILITATION) — — -- ; $151,500.00 CAPITAL OUTLAY TOTAL $151,500-00 I DESCRIPTION: Volunteers of America will rehab a facility its owns at 2841 Ave. H to provide transitional housing and support services to assist low income,chernically dependent, homeless individuals. Individuals served are expected to improve their health, 'I become employed or attend school and transition into permanent housing. 1 The contract period is from the date it is signed through May 31: 1999. 1 c. PROGRAM OBJECTIVES: To rehab(8) unit transitional housing facility to lease to low and very low income,chemically dependent parsons. i I i PROGRAM MEASURES: AFIDF•l TOME Minimum number of units rehabbed and leased 8 ij i j l j (s II IM B DEVELOPMENT BUDGET: USE OF FUNDS SOURCE OF FUNDS _ rMIS TOTAL COST _.AHDF OTHER SOURCES* �.,k.MiILJ4'4'1"� 1. Market Study 2. Site,control 3.Amlutcctural Fcasibility 4.t)tlacr.- Total Predcvclopment Crest DEVELOPAIFINT" S.Land Acquisition 6.Building.Acquisition '7.Site Peeparation 'Votal.Acquisition Cost S.materials 60,000 60,000 60,000 4.Ltabor 65,500 85,500 85,500 14.Coming ency 4,500 4,500 4,500 Total Coostructiion/Rebab Cost' 150,000 150 000 150,000 11.Appraisal 12.Arch t:at2nginca rocs 13.Construction Management Fce 14.City Permits 500 S00 500 1S.lnsumnce 16.Core",uction loan interest 17.Property survey 18.Lcgai ices 1 040 1000 1 000 s...___ ._a a__d .__ 19.Anal grate,feet 20.Utility hrrek•cap.fr,:s EMBIT P 21.T'ieic S:.Recording fees 22. Mvelopers fe Total Soft Costs --1 l 500 TESTAE.DEVEELOPM ENT COST' 1 51,500 +Ct?SlC PER HOUSING 1CJNdIT Reserve Account 4,000 4,000 S'T'ATUS OF OTHER FUNDIKG SOURCES:S: Fill out the following,form. eck appropriate box ^FUNDING SOURCE AMOUNT PROPOSAL APPLICATION� APPROVED STAGE MSUi3tvIlT D Rani:Loan,name of Bank Low-Income Housing Tax Credit(LitlTC) Preservation Tax Credit Equity(Non-L!HTC) Texas Housing Agency Foundation,name of Foundation Community Dcvclopmcnt block Gmut HOME FatergrAwi Shelter Grant � 78,687 78,687 Mer,specify HOPWA 135,628 935,628 TCADA 260,840 260,840 HOMEBU'YER'S ASSISTANCE-Fill out the following form: _ Form of Assistance Grant or Interest/ Amortizing/ Maximum No.N of Total Total# Subsidy Loan Term Non- Amount of Utaib AH€9F of Units from Amordztag Subsidy AHi1F Subsidy to be Other Ascistcd S Assisted Sources E Downpr�ytnsnt E Closing Cost I Soft Set:ond Mortgage Intemst Buy-Down Principal Reduction Hontebt Err Counseling Other___ r PROGRAM TPAE LINE GEMINI REHABILITATION PROJECT APRIL 1998 Select Contractor APRIL 1998 HQS inspection to be conducted by City APRIL 1998 Begin rehab of structures APRIL 1998 Re-survey properties MAY 1998 Complete demolition of 2841 Ave. H Annex Building MAY 1,998 Sign HOME contract May 1998 Complete rehabilitation of 2837 Ave. H JULY 1998 50% construction complete SEPTEMBER 1998 Substantial construction completed OCTOBER 1998 Final inspection , release of final check to contractor NOVEMBER 1998 Begin providing services at 2841 Ave. H