HomeMy WebLinkAboutContract 24138 SECRETARY
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS contract is made and entered into on the date of the execution by and between the City of
Fort Worth ("City"), acting and through Libby Watson, its duly authorized Assistant City Manager,
and Presbyterian Night Shelter of Tarrant County ("Contractor"), by and through John Suggs, its duly
authorized Executive Director. Contractor's business address is 2400 Cypress Street, Fort Worth, TX
76113.
WHEREAS, the City of Fort Worth has been notified that it will receive grant monies from the
United States Department of Housing and Urban Development ("HUD") through the Community
Development Block Grant("CDBG")for Years XVI and XXI;and,
WHEREAS, the primary purpose of the CDBG Program is to benefit low and moderate income
citizens of Fort Worth; and,
WHEREAS, the citizens of Fort Worth, the Community Development Council, and the City
Council of Fort Worth have determined that Programs are needed by low and moderate income
citizens of Fort Worth;
NOW,THEREFORE, THIS AGREEMENT FURTHER WITNESSETH:
THAT,the parties covenant and agree as follows:
1 GENERAL PROVISIONS
1.1 Scone of Services
1.1.1 The express purpose of this Agreement is to provide a non recourse loan to the Contractor with
CDBG funds not to exceed One Hundred Fifty Thousand Dollars ($150,000.00) for the new
construction of a low demand residence with twenty(20) single-room occupancy units that will
serve as an emergency and transitional facility for persons with severe and persistent mental
illness. The facility will be located at 1500 Presidio Street East, Lot 1, Block 94 Texas &
Pacific Addition; 1504 Presidio Street East, Lot 2, Block 94 , Texas & Pacific Addition; and
2407 Cypress Street, Lot 1,Block 94, Texas& Pacific Addition. The loan shall be secured by a
City of Fort Worth Nonprofit Housing Development Program Deed of Trust ("Deed of Trust")
and evidenced by a City of Fort Worth Nonprofit Housing Development Promissory Note
("The Note"). This agreement, the Deed of Trust and the Note shall be together referred to as
"The Loan Documents".
1.1.2 Contractor will administer services to citizens of the City of Fort Worth under the program
name Safe Haven ("Program"). Contractor will provide the services and activities delineated
in Exhibit A-Program Summary in accordance with Exhibit B-Program Timeline.
1.1.3 Contractor agrees to meet the National Objective of activities benefiting low and moderate
income individuals contained in Section 507.208 of the Community Development Block Grants
of the HUD regulations ("Regulations"); and to maintain full documentation supporting
fulfillment of this National Objective in its files.
1.1.4 City will monitor the performance of the Contractor against the goals and performance
standards required herein. Substandard performance as determined by City will constitute non-
compliance with this Agreement. If action to correct such substandard performance is not taken
by Contractor within a reasonable period of time after being notified in writing by City,
contract suspension or termination procedures will be initiated.
1.1.5 Contractor agrees to comply with the uniform administrative requirements contained in Section
507.502 of the Community Development Block Grants of the HUD Regulations. Contractor
must comply with requirements of Subchapter C of the Regulations.
1.2 Contractor and Subcontractor Agreements '
Contractor agrees that all work on the project will be performed under written contracts, and
Contractor will ensure that all subcontracted work is performed under written contracts between
the General Contractor or Project Manager and subcontractors and suppliers. Copies of
contracts between General Contractor or Project Manager and all subcontractors performing
work on the project must be submitted to City prior to work being performed. Contractor will
require that the General Contractor or Project Manager make payments to all subcontractors,
laborers and suppliers by check.
1.3 Inspection by City
Contractor agrees to cooperate with City in arranging for inspections by representatives of the
City of the progress of construction from time to time and will promptly comply with City's
requirements and remedy any unsatisfactory conditions regarding construction or the progress
thereof.
1.4 Duration
This contract commences on the date it is executed, with the construction of the facility to be
completed by May 30, 1999 and ends on May 31, 2008, unless extended in writing by both
parties.
2 COMPENSATION AND METHOD OF PAYMENT
2.1 City will disburse CDBG Years XVI and XXI monies in an amount up to One Hundred Fifty
Thousand Dollars ($150,000.00) to Contractor on a cost reimbursement basis upon submission
by Contractor of invoices for CDBG allowable expenses.
2.2 Payment will be processed by City following receipt from Contractor of the Attachment I-Sub-
Grantee's Request For Funds accompanied by a notarized "AIA" fund request, or similar form
approved by the City, signed by the architect. Reimbursement for the payment of eligible
expenses shall be made against the line item budget specified in Exhibit C-Development
Budget and in accordance with performance specified in Exhibit B-Program Timeline.
Contractor may not increase or decrease line-item amounts in its budget for this Project without
the prior written approval of the City.
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2.3 Contractor agrees to utilize all disbursed CDBG funds for the benefit of the Program.
Contractor agrees that funds will be expended in accordance with the Program Development
Budget. Contractor may not increase or decrease line-item amounts in the approved CDBG
Program Operating Budget without prior written approval by the City.
2.4 It is understood that Contractor will obtain the remaining funds in excess of the CDBG amount
for development of this program as detailed in the Program Development. Contractor will
notify City promptly of any additional funding it receives for development of the Project.
2.5 Contractor covenants and agrees that during the term of this agreement that the facility
constructed under this contract will be used solely to benefit low and moderate individuals.
Contractor agrees that if the property is sold or converted to a use other than that described in
the scope of services at any time during the period beginning on the date of execution of this
agreement and ending May 31, 2003, or five (5) calendar years from the dater of completion,
whichever comes first, Contractor will repay to the City CDBG Program the total amount of the
original loan. Thereafter, for the period of June 1, 2003 to May 31, 2007, Contractor's
obligation to reimburse City's CDBG Program shall diminish at the rate of twenty percent
(20%) per annum calculable in yearly increments as of the anniversary date of the CDBG
Program Year, as per the following schedule:
June 1, 2003 through May 31,2004 80%of Loan Amount
June 1, 2004 through May 31,2005 60%of Loan Amount
June 1, 2005 through May 31,2006 40%of Loan Amount
June 1, 2006 through May 31,2007 20%of Loan Amount
June 1, 2007 and thereafter 0% of Loan Amount
2.6 Contractor will not commingle CDBG monies with any other funds in any manner which
would prevent City from readily identifying program expenditures for operation of the
Program.
3 UNIFORM ADMINISTRATIVE REQUIREMENTS AND PROGRAM MANAGEMENT
STANDARDS
3.1 Financial Management
3.1.1 Accounting Standards The Contractor agrees to comply with OMB Circular A-110 as
implemented at 24 CFR part 84 and agrees to adhere to the accounting principles and
procedures required therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
3.1.2 Cost Principles Contractor shall administer the Program in conformance with OMB Circular
A-122, "Cost Principles for Non-Profit Organizations" and attachments and revisions thereto,
regarding principles for determining costs for the Program.
3.2 Documentation and Record Keeping Requirement
Contractor shall maintain all records pertinent to the activities to be funded under this
Agreement required by HUD regulations specified in 24 CFR ' 570.506. In addition,
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Contractor agrees to keep records to fully document all expenditures charged to the CDBG
program. The documentation must support the amounts charged to Program and demonstrate
that the expenditures were appropriate to the stated goals of the Program and allowable under
applicable federal, state and City guidelines.
3.3 Retention
All records pertaining to Program shall be retained for five (5) years following the date of
termination of this contract. Contractor may destroy Program records at the end of this five (5)
year period if no outstanding audit finding exists.
3.4 Properly Records
The contractor shall maintain real property inventory records which clearly identify properties
purchased, improved, or sold. Properties retained shall meet eligibility criteria and shall
conform with 24 CFR' 570.505.
3.5 Close Outs
The Contractor's obligation to City shall not end until all close-out requirements are completed.
Activities during this close-out period shall include, but are not limited to: making final
payments, disposing of program assets ( including the return of all unused materials,
equipment, inspect cash advances, program income balances, and accounts receivable to City),
and determining the custodianship of records.
3.6 Audits and Inspections
3.6.1 The City, HUD, and the United States Comptroller General, or their representatives, shall have
access to any books, documents, records and papers relating to the operations of Contractor
under this Agreement for the purpose of audit, examination, exception and transcription at all
reasonable hours at all offices of Contractor.
3.6.2 For all contracts in the amount of$300,000 or more, Contractor must submit to City an annual
audit prepared in accordance with 24 CFR Sections ' 570.502-570.503 generally, with specific
reference to OMB Circulars (with attachments)A-122 and A-133 as appropriate. The audit may
cover either Contractor's fiscal year during which this contract is in force or cover the period of
this Agreement. The audit must be prepared by an independent certified public accountant, be
completed within twelve (12) months following the end of the period being audited and be
submitted to City within thirty (30) days of its completion. Contractor's audit schedule is
attached hereto as Exhibit D - Audit Schedule. Costs of preparation of this audit may be an
allowable expenditure of CDBG funds in an amount proportional to that of the CDBG funds
used in contractor's total agency operating budget.
3.6.3 The City reserves the right to perform an audit of Contractor's program operations, finances and
contract compliance activities at any time during the term of this contract, if City determines
that such audit is necessary for City's compliance with OMB Circular A-128. Contractor agrees
to allow access to all pertinent materials. If such audit reveals a questioned practice or
expenditure, such questions must be resolved within fifteen (15) days after notice to Contractor.
If questions are not resolved within this period, City reserves the right to withhold further
funding under this and/or future contract(s).
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3.6.4 If as a result of any audit it is determined that Contractor has misused, misapplied or
misappropriated all or any part of the grant funds described herein, Contractor agrees to
reimburse the City the amount of such monies so misused, misapplied or misappropriated,plus
the amount of any sanction,penalty or other charge levied against City because of such misuse,
misapplication or misappropriation.
4 REPORTING PROCEDURES
4.1 Program Income
Contractor agrees that all program income from operation of the Program in proportion to the
amount of CDBG funds received hereunder will be expended prior to expending CDBG
monies and that any such program income is subject to the terms of this Agreement. CDBG
monies may be expended by the Contractor only if program income is insufficient to meet all
eligible program activity expenses. Contractor agrees to return to City at the end of the
Contract any remaining program income earned from operation of the Program in proportion to
the amount of CDBG funds in the overall operating budget.
4.2 Progress ss Reports
Contractor will submit an annual report, to City for services and activities undertaken by
Contractor in performance of this contract. The report will be signed by a duly authorized
agent of Contractor and submitted each October 31 commencing on October 31, 1999 and of
each year through October 31,2007. Contractor understands that failure to complete the annual
Program Services Report shall be considered noncompliance with the terms of this Agreement,
and the City shall consider noncompliance with this Agreement sufficient cause to reject fund
requests from the Contractor for any other project not defined in this Agreement.
4.3 Procurement
The Contractor shall procure all materials, property, or services in accordance with the
requirements of OMB circular A-110, Procurement Standards, and shall subsequently comply
with Attachment N, Property Management Standards as modified by 24 CFR 570.502(b)(6),
covering utilization and disposal of property.
4.3.1 Contractor agrees that all work on the project will be performed under written contracts, and
Contractor will ensure that all subcontracted work is performed under written contracts between
the General Contractor or Project Manager and subcontractors and suppliers. Funds will be
withheld on any Request for Funds to the City for goods or services for which there is no
written agreement, or for which the written agreement was not approved by the City.
4.4 Compliance
The Contractor shall comply with City policy concerning the purchase of equipment and shall
maintain inventory records of all non-expendable personal property, as defined by such policy,
procured with funds provided herein.
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5 REVERSION OF ASSETS
5.1 Contractor agrees to return to City any CDBG funds remaining on hand at the end of the
Contract.
5.2 All property purchased with CDBG funds under this contract will be used solely for operation
of the Program. Contractor agrees to obtain City approval prior to purchase of property.
Contractor agrees to notify City upon receipt of property so that it may be properly tagged and
inventoried Title to such property will be vested with the City, and, at the termination of the
Program for which CDBG funds have been received, Contractor will deliver all such property
to City for disposition at City's sole discretion.
6 APPLICABLE LAWS
6.1 Federal
6.1.1 Contractor agrees to comply with the following laws and the regulations issued thereunder as
they are currently written or are hereafter amended during performance of this contract:
6.1.1.1 Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq)
6.1.1.2 Fair Housing Act(42 U.S.C. 3601-3620)
6.1.1.3 Executive Order 11063, as amended by Executive Order 12259, Equal Opportunity in
Housing, and implementing regulations in 24 CFR part 107
6.1.1.4 Age Discrimination Act of 1975 (42 U.S.C. 6101 et. Seq.)
6.1.1.5 Section 504 of the Rehabilitation Act of 1973 (29 USC 794)
6.1.1.6 Contract Work Hours and Safety Standards Act(40 U.S.C. 327 et seq.)
6.1.1.7 National Environmental Policy Act of 19969
6.1.1.8 Flood Disaster Protection Act of 1973 (42 U.S.C. 4106)
6.1.1.9 Executive Orders 11246, as amended by 11375, 11478, 12086,and 12107,Equal
Employment Opportunity,and the implementing regulations at 41 CFR, Part 60
6.1.1.10 Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing
regulations at 24 CFR part 135
(a) As the work to be performed under this contract is on a project assisted under a program
providing direct federal assistance from the Department of Housing and Urban Development
and is subject to the requirements of Section 3 of the Housing and Urban Development Act
of 1968, as amended, 23 USC 1701, Contractor covenants to abide by the requirements of
the said Section 3. It requires the following:
1. That, to the greatest extent feasible, opportunities for training and employment be given
lower income residents of the project area, and
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.
(b) Contractor will comply with the provisions of said Section 3 and the regulations issued
pursuant thereto by the Secretary of Housing and Urban development, set forth in 24 CFR
135, and all applicable rules and orders of the Department issued thereunder prior to
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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.
(c) Contractor agrees that it will send to each labor organization or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, if any, a notice advising the said labor organization or workers'
representatives of its commitments under this Section 3 clause and shall post copies of the
notice in conspicuous places available to employees and applicants for employment or
training.
(d) 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 the 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 24 CFR 135 and will not
let any subcontract unless the subcontractor has first provided Contractor with a preliminary
statement of ability to comply with the requirements of these regulations by completing
Exhibit E-Labor Surplus. Contractor certifies and agrees that the low income residents hired
will be continuously employed for the duration of the contract.
(e) City and Contractor understand and agree that compliance with the provisions of
Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the
Department issued thereunder prior to the execution of this contract shall be a condition of
the federal financial assistance provided to the project, binding upon the City and the
Contractor, and their respective successors, assigns and subcontractors. Failure to fulfill
these requirements shall subject Contractor and its subcontractors, its 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 135.
6.1.1.11 Lead-Based Paint Poisoning Prevention Act(42 U.S.C. 4831(b))
6.1.1.12 The Americans with Disabilities Act of 1990 (42 USC 12131 et seq)
6.1.1.13 Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq)
6.1.1.14 The Age Discrimination in Employment Act of 1973 (29 USC 794)
6.1.1.15 The Immigration Reform and Control Act of 1986 (Pub. L. 99-603, 100 Stat. 3359 , as
amended), specifically including the provisions requiring employer verification of the
legal status of its employees
6.1.1.16 The Housing and Community Development Act of 1987 (Pub. L. 100-242, 101 Stat. 1815,
as amended)
6.2 Other Laws
6.2.1 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
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regulations of the City of Fort Worth and the Housing and Community Development Act of
1974 (Pub. L. 93-383, 885 Stat. 633,), as amended, and all regulations pertaining thereto
Contractor further promises and agrees that it has read, and is familiar with, terms and
conditions of the Community Development Block Grant under which funds are granted and that
it will fully comply with same. It is agreed and understood that, if City calls the attention of
Contractor to any such 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.
7 PROHIBITION AGAINST DISCRIMINATION
7.1 Contractor, in the execution, performance or attempted performance of this contract and
agreement, will not unlawfully discriminate against any person or persons because of sex, race,
religion, age, disability, color or national origin, nor will Contractor permit its officers,
members, agents, employees, subcontractors or program participants to engage in such
discrimination.
7.2 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
except on the basis of bona fide occupational qualification, retirement plan or statutory
requirement.
7.3 Contractor further covenants that neither it nor its officers, members, agents, employees,
subcontractors, program participants, or persons acting on their behalf, shall specify, in
solicitations or advertisements for 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.
7.4 In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"),
Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate
on the basis of disability in the provision of services to the general public, nor in the
availability, terms and/or conditions of employment for applicants for employment with
Contractor, or employees of Contractor or any of its subcontractors. Contractor warrants it will
fully comply with ADA's provisions and any other applicable federal, state and local laws
concerning disability and will defend, indemnify and hold City harmless against any claims or
allegations asserted by third parties or subcontractors against City arising out of Contractor's
and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning
disability discrimination in the performance of this agreement.
7.5 This agreement is made and entered into with reference specifically to the ordinances codified
at Chapter 17, Article III, Division 3 ("Discrimination in Employment Practices"), of the City
Code of the City of Fort Worth, and Contractor hereby covenants and agrees that Contractor, its
officers, members, agents, employees and subcontractors, have fully complied with all
provisions of same and that no employee, employee-applicant or program participant has been
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discriminated against by the terms of such ordinances by either the Contractor or its officers,
members, agents, employees or subcontractors.
8 PROHIBITION AGAINST INTEREST
8.1 No member, officer or employee of City or its designees or agents; no member of the governing
body of the locality in which the Program is situated; and no other public official of such
locality or localities, who exercises any functions or responsibilities with respect to the Program
funded hereunder during his or her tenure or for one year thereafter, shall have any interest,
direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be
performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language
prohibiting such interest in all contracts and subcontracts hereunder.
8.2 No member, officer, employee, or program participant of Contractor or its subcontractors shall
have a financial interest, direct or indirect, in this contract or the monies transferred hereunder
or be financially interested, directly or indirectly, in the sale to Contractor of any land,
materials, supplies or services purchased with any funds transferred hereunder, except on behalf
of Contractor, as an officer, employee, member or program participant. Any willful violation
of this paragraph with the knowledge, expressed or implied, of Contractor or its subcontractors
shall render this contract voidable by the City of Fort Worth.
9 MINORITY AND WOMEN BUSINESS ENTERPRISE COMMITMENT
Contractor agrees to abide by the City of Fort Worth's policy to involve disadvantaged business
enterprises (DBEs)in all phases its procurement practices and to provide them an equal
opportunity to compete for contracts for construction, provision of professional services,
purchase of equipment and supplies and provision of other services required by City.
Therefore, Contractor agrees to incorporate City Ordinance No. 11923, Exhibit E, and all
amendments or successor policies thereto, into all contracts and will further require all persons
or entities with whom it contracts to comply with said Policy.
10 NON-ASSIGNMENT
Contractor will not assign any or all of its rights or responsibilities under this contract without
the prior written approval of City. Any purported assignment without such approval will be a
breach of this contract and void in all respects.
11 INDEPENDENT CONTRACTOR
11.1 Contractor shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of City. Contractor shall have exclusive control of, and the exclusive right
to control, the details of the work and services performed hereunder, and all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, members,
agents, servants, employees, subcontractors, program participants, licensees or invitee. The
doctrine of respondent superior shall not apply as between City and Contractor, its officers,
members, agents, servants, employees, subcontractors, program participants, licensees or
invitee, and nothing herein shall be construed as creating a partnership or joint enterprise
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between City and Contractor. It is expressly understood and agreed that no officer, member,
agent, employee, subcontractor, licensee or invitee of the Contractor, nor any program
participant hereunder, is in the paid service of City and that City does not have the legal right to
control the details of the tasks performed hereunder by Contractor, its officers, members,
agents, employees,subcontractors,program participants, licensees or invitees.
11.2 City shall in no way nor under any circumstances be responsible for any property belonging to
Contractor, its officers, members, agents, employees, subcontractors, program participants,
licensees or invitees, which may be lost, stolen, destroyed or in any way damaged; and
Contractor hereby indemnifies and holds harmless City and its officers, agents, and employees
from and against any and all claims or suits.
12 INSURANCE AND BONDING
12.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense,
City and its officers, agents, servants and employees from and against any and all claims or
suits for property loss or damage and/or personal injury, including death,to any and all persons,
of whatsoever kind or character, whether real or asserted, arising out of or in connection with
the execution, performance, attempted performance or nonperformance of this contract and
agreement and/or the operations, activities and services of the Program described herein,
whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants,
employees, contractors or subcontractors of City; and Contractor hereby assumes all liability
and responsibility of City and its officers, agents, servants, and employees for any and all
claims or suits for property loss or damage and/or personal injury, including death, to any and
all persons, of whatsoever kinds or character, whether real or asserted, arising out of or in
connection with the execution, performance, attempted performance or non-performance of this
contract and agreement and/or the operations, activities and services of the programs described
herein, whether or not caused in whole or in part, by alleged negligence of officers, agents,
servants, employees, contractors or subcontractors of City. Contractor likewise covenants and
agrees to and does hereby indemnify and hold harmless City from and against any and all
injury, damage or destruction of property of City, arising out 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.
12.2 Contractor will maintain a blanket fidelity coverage in the form of an insurance bond in the
amount of $150,000, 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 CDGB 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.
12.3 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. The City shall be endorsed as an additional insured on the certificate.
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12.4 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. Contractor understands and agrees that
such insurance amounts may 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.
12.5 Contractor also covenants and agrees to furnish the City of Fort Worth 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 and 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.
12.6 Contractor will submit documentation to City 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.
13 WAIVER OF IMMUNITY
If Contractor, as a charitable or nonprofit organization, has or claims an immunity or exemption
(statutory or otherwise) from and against liability for damages or injury, including death, to
persons or property; Contractor hereby expressly waives its rights to plead defensively such
immunity or exemption as against City. This section shall not be construed to affect a
governmental entity's immunities under constitutional, statutory or common law.
14 TERMINATION
14.1 In addition to, and not in substitution for, other provisions of this Agreement regarding the
provision of public services with CDBG funds, pursuant to Title I of the Housing and
Community Development Act of 1974, as amended, it is expressly understood and agreed by
and between the parties hereto that this agreement is wholly conditioned upon the actual receipt
by City of Federal CDBG Year funds; that all monies distributed to Contractor hereunder shall
be exclusively from Federal monies received under said grant and not from any monies of City;
and that if such funds under said grant are not timely forthcoming, in whole or in part, City
may, at its sole discretion, terminate this contract and agreement and City shall not be liable
for payment for any work or services performed by Contractor under or in connection with this
contract.
14.2 City may terminate this contract whenever such termination is determined to be in the best
interest of City, or in event of Contractor's default, inability or failure to perform or to comply
with any of the terms herein, or for other good cause.
14.3 The parties acknowledge that CDBG funds paid hereunder are intended to provide only partial
funding for Contractor's program operations. If non-CDBG funds included in the Operating
Budget are not forthcoming to Contractor during the contract term, City may terminate this
contract.
14.4 CDBG funds provided hereunder may not be used as collateral for loans to Contractor to defray
program operation expenses, and any attempted use of CDBG funds for this purpose will result
in termination of this contract by City.
14.5 Termination will be effected by written notice to Contractor, specifying the portions of the
contract affected and the effective date of termination. Upon Contractor's receipt of such
termination notice, Contractor will:
(a)Stop work under the contract on the date and to the extent specified by City;
(b)Cease expenditures of CDBG monies, except as necessary for completion of the portions of
the contract not terminated; and
(c)Terminate all orders and contracts to the extent that they relate to terminated portions of the
contract.
14.6 Contractor will return to City any unused monies previously advanced by City under this
contract within thirty (30) days of the effective date of contract termination. City will have no
responsibility or liability for Contractor's expenditures or actions occurring after the effective
date of contract termination.
15 CERTIFICATION REGARDING LOBBYING
15.1 The undersigned representative of Contractor 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 Contractor, to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of Congress or an
employee of a member of Congress in connection with the awarding of any federal contract,the
making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement and the extension, continuation,renewal,amendment, or modification of
any federal contract, grant, loan or cooperative agreement. Contractor shall require that the
language of this certification be included in all subcontracts or agreements involving the
expenditure of federal funds.
15.2 If any funds other than federal 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, a member of
Congress, an officer or employee of Congress, or an employee of a 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.
16 MISCELLANEOUS PROVISIONS
16.1 All terms of this contract shall apply to any and all subcontractors of Contractor who are in any
way paid with CDBG funds or who perform any work in connection with Contractor's program.
Contractor agrees to secure from any and all subcontractors the compliance documents as listed
12
in Attachment III-Subcontractor Compliance Schedule within the time specified for each
document.
16.2 The provisions of this agreement are severable, and, if for any reason a clause, sentence,
paragraph or other part of this agreement shall be determined to be invalid by a court or federal
or state agency, board or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect other provisions which can be given effect without the invalid
provision.
16.3 The failure of the City to insist upon the performance of any term or provision of this
agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of City's right to assert or rely upon any such term or right on any
future occasion.
16.4 Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or nonperformance of this contract and agreement, venue
for said action shall lie in Tarrant County,Texas. _
16.5 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 agreement between the
parties hereto concerning the work and services to be performed hereunder, and any prior or
contemporaneous, oral or written agreement which purports to vary from the terms hereof 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.
13
IN WITNESS WHEREOF, the parties hereto have xecut four copies of this contract in Fort
Worth, Tarrant County, Texas,this day of , A.D. 19 9
CITY OF FORT WORTH PRESBYTERIAN NIGHT SHELTER OF
TARRANT COUNTY
By: By:
i by Wa n /John Suggs
Assistant City Manager Executive Director
APPROVED AS TO FORM AND LEGALITY:
Assistant City A mey
ATTEST:
� . City S�ecretary
C - Rfig1
contract Authorization
Date.
14
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary public in and for the State of Texas, on this day
personally appeared Libby Watson, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and
that he executed the same as the act of said City of Fort Worth for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,
A.D. 19 gt
ROSELLA BARNES
* *• NOTARY PUBLIC Notary Public in and for
State of Texas
Comm. Exp. 03-31-2001 the State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared John Suggs, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he\she executed the same for the purposes and
consideration therein expressed, as the act and deed for and in the capacity therein stated as its duly
authorized officer or representative.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �� day of ,
A.D. 19 .
� ANN MARIE MENDEZ
Notary Public,State of Texas Notary Public in and for
My Commission ExO=
SEPT.8,2002 the State of Texas
15
DEED OF TRUST
DATE: August 11, 1998
GRANTOR: Presbyterian Night Shelter
2400 Cypress St.
Fort Worth TX 76113
TRUSTEE; Edwin Cook
TRUSTEE'S Mailing Address {including county}:
City of Fort Worth
1000 Throckmorton
Fort Worth,Tarrant,Texas 76102
BENEFICIARY; City of Fort Worth
BENEFICIARY'S Mailing Address {including County}
Housing Department
Community Development Block Grant(CDBG)
1000 Throckmorton Street
Fort Worth,Texas 76102
NOTE{S): Promissory Note between the City of Fort Worth and Presbyterian
Night Shelter for the principle amount of$150,000.00
Date: August 11, 1998
Amount: $150,000.00
Maker: Presbyterian Night Shelter
Payee: City of Fort Worth
Terms of Payment: As stated on Note.
PROPERTY(including any improvements):The real property and any and all improvements located at
1500 Presidio Street East, Lot 1, Block 94 Texas & Pacific Addition; 1504 Presidio Street East, Lot 2,
Block 94, Texas& Pacific Addition; and 2407 Cypress Street, Lot 1,Block 94, Texas&Pacific Addition,
Fort Worth,Texas.
LIEN (s): It is stipulated, covenanted and agreed that the lien created by this instrument shall be and
remain in first position securing the payment of that one(1)certain other Promissory Note in the principal
sum of $150,000.00 dated i - executed by Maker,payable to the order of Payee.
For value received and to secure payment of the Note,and fulfillment of other conditions contained herein,
Grantor conveys the property to Trustee in trust. Grantor warrants and agrees to defend the title to the
Property. If Grantor performs all the covenants stated herein,and pays the Note according to its terms,this
Deed of Trust shall have no further effect,and Beneficiary shall release it at Grantor's expense.
GRANTOR'S OBLIGATIONS: Grantor agrees to:
1. Allow Beneficiary to inspect improvements to the property;
2. Abide by all other terms of the Note and to pay amounts specified therein when same are due and
payable;
3. Keep the property in good repair and a safe and sanitary condition:
Maintain Premises and Permit Inspection. Cause the Property to be maintained, at Grantor's sole
expense, in good, fast class condition and cause to be made, at Grantor's sole expense, all repairs,
renewals, replacements, additions, and improvements thereof or thereto and permit the Trustee and
Beneficiary to enter into or upon the Property at reasonable times during normal business hours for
the purpose of investigating and inspecting the condition and operation of the property; aqd will not
commit or knowingly permit any waste of the property or any part thereof or make or permit to be
made any alterations or additions to the property which would have the effect of materially
diminishing the value thereof;
4. Promptly pay or cause to be paid when due and owing:
(a) all taxes,assessments,and governmental charges legally imposed upon the
(b) all expenses including insurance premiums incurred or arising from the normal use and ownership
of the Property;and
(c) any and all rentals payable in respect of the Property.
5. Preserve the priority of the first lien established in this Deed of Trust, unless otherwise agreed by
Beneficiary;
6. Maintain, in a form and in amounts acceptable to Beneficiary,an insurance policy or polices that:
(a) covers all improvements for their full insurable value as determined when the policy is issued and
renewed,unless Beneficiary approves a smaller amount in writing;
(b) provides coverage for personal injury or death;
(c) provides fire and extended coverage,including windstorm coverage;
(d) protects Beneficiary with a standard mortgage clause;
(e) provides flood insurance at any time the property is in a flood hazard area;
(fl contains such other coverage as Beneficiary may reasonable require; subject to no increase in the
premiums;and
(g) not with standing any other provision in this Deed of Trust or Contract to the contrary, Grantor
shall have the right to apply any insurance proceeds, in whole or in part, either to repair the
Property or to make payment on the Note secured hereby,at its discretion.
7. Deliver copies of the insurance policy or policies to Beneficiary and deliver copies of renewals to
Beneficiary at least ten days before expiration;
8. Keep any buildings occupied as required by the insurance policy;
9. Pay all prior lien notes on the property and notify the Beneficiary.
10. Perform punctually and properly all of Grantor's covenants, duties and liabilities under any other
security agreement, guaranty agreement or assignment of the any kind existing as security for or in
connection with payment of the Note;
11. Refrain from the conveyances of the property or any part thereof,by sale,trade,transfer, assignment,
lease or any other method of conveyance, without first having obtained the express, written consent
(which consent will not be unreasonable withheld or delayed)
12. Notify Beneficiary upon payment in full of fast lien;
13. Comply with the following U.S. Department of Housing and Urban Development long-term owner
obligations (described in 24 CFR 570.503(d) (1)) for a period of ten (10) years or the term of the
Promissory Note whichever is greater:
(a) the Project shall remain in private ownership and in primarily residential rental Ilse for the
required period, unless the project is sold to another private owner who agrees to continue to
manage the property in accordance with CDBG requirements for the remainder of the required
period, or a hardship exception is approved by the Beneficiary for reasons that occur after
completion of the rehabilitation;
(b) the Grantor shall not convert the units in the project to condominium ownership or any form of
cooperative ownership not eligible for assistance under this part for the required period;
(c) the Grantor shall not discriminate against prospective tenants on the basis of their receipt of, or
eligibility for,housing assistance under any Federal, State or local housing assistance program or,
except for a housing project for elderly persons,on the basis that the tenants have a minor child or
children who will be residing with them. Grantor agrees to these conditions for the life of the
Promissory Note or for ten(10) years from the date of execution of the Promissory Note, which
ever is longer;or
(d) the Grantor shall comply with the nondiscrimination and equal opportunity requirement and with
the affirmative marketing requirements and procedures adopted under 24 CFR 511.13, for the
required period.
14. The Grantor shall comply with the commitment made to the City Council regarding its
Minority/Women Business Enterprises (M/WBE)to achieve a minimum level of participation in the
rehabilitation of the project equaling $208,800 of the construction and rehabilitation costs. Grantor
agrees to submit to the Beneficiary monthly cumulative reporting of subcontractor activity though out
the project's construction period.
15. The Grantor shall provide 24-hour security to the property by maintaining restricted access by
supervised security gates,as well as periodic patrol of the premises by certified personnel.
BENEFICIARY'S RIGHTS:
1. Beneficiary may appoint in writing a substitute or successor trustee, succeeding to all rights and
responsibilities of Trustee.
2. If the proceeds of the Note are used to pay and debt secured by prior liens,Beneficiary is subrogated to
all of the rights and liens of the holders of any debt so paid.
3. In the event that the Beneficiary receives any proceeds under any insurance policies, Beneficiary will
deliver the proceeds to the Grantor and the Grantor will use the proceeds to repair or replace damaged
or destroyed improvements covered by the insurance policy.
4. If Grantor fails to perform any of Grantor's obligations, Beneficiary may perform those obligations
and be reimbursed by Grantor on demand at the place where the Note is payable for any sums so paid,
including reasonable attorney's fees,plus interest on those sums from the dates of payment at the rate
stated in the Note for matured, unpaid amounts. The sum to be reimbursed shall be secured by this
deed of trust.
5. If Grantor defaults on the Note or fails to perform any of Grantor's obligations under this Deed of
Trust or if Default occurs on a prior lien note,the Contract between Beneficiary and Grantor or other
instrument, Beneficiary may, after written notice to the Grantor and the passage of thirty (30) days,
and providing such default is not cured,then:
(a) Declare the unpaid principal balance and earned interest on the note immediately due;
(b) Request Trustee to foreclose this lien, in which case Beneficiary or Beneficiary's agent shall give
notice of the foreclosure sale as provided by the Texas Property Code as then amended;and
( c) Purchase the property at any foreclosure sale by offering the highest bid and then have the bid
credited on the note. '
TRUSTEE'S DUTIES: If requested by Beneficiary to foreclose this lien,Trustee shall: _
1. Either personally or by agent give notice of the foreclose sale as required by the Texas Property Code
as then amended;
2. Sell and convey all or part of the property to the highest bidder for cash with a general warranty
binding Grantor,subject to prior liens and to other exceptions to conveyance and warrant;and
3. From the proceeds of the sale,pay,in this order:
(a) expenses for foreclosure;
(b) to Beneficiary, the full amount of principal, interest, attorney's fees, and other charges due and
unpaid;
(c) any amounts required by law to be paid before payment to Grantor;and
(d) to Grantor,any balance.
GENERAL PROVISIONS:
1. Proceeding under this Deed of Trust, filing suit for foreclosure, or pursuing any other remedy will not
constitute an election of remedies.
2. If any portion of the note cannot be lawfully secured by this Deed of Trust, payments shall be applied
first to discharge that portion.
3. Subject to the terms of any first lien indebtedness, Grantor assigns to Beneficiary all sums payable to
or received by Grantor from condemnation of all or part of the property, from private sale in lieu of
condemnation, and from damages caused by public works or construction on or near the property.
After deducting any expenses incurred, including attorney's fees, Beneficiary may release any
remaining sums to Grantor or apply such sums to reduce the note. Beneficiary shall not be liable for
failure to collect or to exercise diligence in collecting an such sums.
4. Grantor assigns to Beneficiary absolutely, not only as collateral, all present and future rent and other
income and receipts from the property. Leases are not assigned. Grantor warrants the validity and
enforceability of the assignment. Grantor may as Beneficiary's licensee collect rent and other income
and receipts as long as Grantor is not in default under the Note or this Deed of Trust. Grantor will
apply all rent and other income and receipts to payment of the note and performance of this Deed of
Trust, but if the rent and other income and receipts exceed the amount due under the note and Deed of
Trust,Grantor may retain the excess. If Grantor defaults in payment of the note or performance of this
Deed of Trust, Beneficiary may terminate Grantor's license to collect and then as Grantor's agent may
rent the property if it is vacant and collect all rent and other income and receipts. Beneficiary neither
has nor assumes any obligations as lessor or landlord with respect to any occupant of the property.
Beneficiary may exercise Beneficiary's rights and remedies under this paragraph without taking
possession of the property. Beneficiary shall apply all rent and other income and receipts collected
under this paragraph first to expenses incurred in exercising Beneficiary's rights and remedies and
then to Grantor's obligations under the note and this Deed of Trust in the order determined by
Beneficiary. Beneficiary is not required to act under this paragraph, and acting under this paragraph
does not waive any of Beneficiary's other rights or remedies. If Grantor becomes voluntarily or
involuntarily bankrupt, Beneficiary's filing a proof of claim in bankruptcy will be tantamount to the
appointment of a receiver under Texas law.
5. The term note includes all sums secured by this Deed of Trust.
6. This Deed of Trust shall bind, inure to the benefit of, and be exercised by successors in interest of all
parties.
7. If Grantor and Maker are not the same person,the term Grantor shall include Maker.
8. Lender agrees that the Borrower,and its general partners,as well as its limited partners, shall have no
personal liability for the payment of the Note or any indebtedness or obligations under this Deed of
Trust or the Contract,and Lender's sole and exclusive remedy shall be to foreclose this Deed of Trust
in the event of a default under the terms of the Note,this Deed of Trust,or the Contract.
GRANTOR: Presbyterian Night Shelter
2400 Cypress St. 3
Fort Worth TX 76113
BY: '(✓
John Suggs
Executive Director
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME,the undersigned,a Notary Public in and for said State, on this day personally appeared,John
Suggs known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 1 l day of ALAQ, f 1998.
`� ;� -=4;� ANN MARIE MENDEZ
Notary Public in and for �. � Notary Public,State of Texas
the State of Texas jGO� My Gnmmissicn Expires
�,. SEPT.8,2002
My Commission Expires : q-g'aka
CITY O FORT WORTH
�-
Li by Watson
Assistant City Manager
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned, a Notary Public in and for said State, on this day personally appeared
Libby Watson, of City of Fort Worth, a home-rule municipal corporation, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same
for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 1 day of c(Ltq-a21 19931'
Notary Public in and for "yh'F ROSELLA BAiil
the State of Texas j` NOTARY PuPt. '
l State of Tex
»�+r Comm. Exp. 03-
My Commission Expires: 0 3- 3 I-�o01 ��•a;
Dee&ffrwtPNS
EXHIBIT A
PROGRAM SUMMARY
PROGRAM TITLE
PRESBYTERIAN NIGHT SHELTER-SAFE HAVEN PROJECT
AHDF-CDBG FUNDS
OPERATING FUNDS $000
UPPLIES 1 $0.00
CONTRACTUAL SERVICES(CONSTRUCTION) $150,000.00
CAPITAL OUTLAY $000
TOTAL
$150,000.00
DESCRIPTION:
Presbyterian Night Shelter will use CDBG funds to assist in the construction of a transitional housing facility for persons wit
sever and persistent mental illness.
The contract period is from the date it is signed through May 30, 1999.
PROGRAM OBJECTIVES:
To construct a (20) unit transitional housing facility to house low and very low income persons with sever and persistent
mental illness.
PROGRAM MEASURES: AHDF-CDBG
Minimum number of units constructed 20
I
I
�I
I'
i,
Exhibit B
Safe Haven
Time Line
June 5, 1998 f3ids announced in local newspapers
June 24.1998 Bids opened at Tarrant County Community Development.
Keck&Company,a construction firm out of Arlington,was
low bidder with a$745,610.
July 14. 1998 PN5 Board of Directors accept bid from Keck&Company.
July 15.1998 Board Minutes submitted to Tarrant County Community
Development.
July 15- 20 Tarrant County Community Development develop6 contract
and gets appropriate signatures.
July 21.1998 Contract submitted to Commissioners Court for approval.
July 22.1998 Fully executed contract submitted to HUD.
July 23.1998 rreconotruction conference @ Tarrant County Community
Development.
August 4. 1998 Groundbreaking ceremonies at the site(planning)
August 24.1998 Notice to Proceed Issued. Construction Begins
October. 1998 5ite work,foundation,alley paving,framing of building
completed (30%of work done).
December,1998 Masonry,veneer,windows in place, mechanical, electrical
systems roughed In. Roof dryed in.
(70%of work completed)
February 22, 1999 100%of work completed.
Construction begins within thirty days of precon5truction conference.
EXHIBIT C
Development Budget
Grantor Amount
Department of HUD $ 207,000.00
Tarrant County ACCESS 25 000.00
Tarrant County Community
Development Division 100,000.00
City of Fort Worth 150,000.00
Amon Carter Foundation 100,000.00
Presbyterian Night Shelter 260,000.00
Private Contribution 50,000.00
TOTAL DEVELOPMENT BUDGET $ 832,000.00
EXHIBIT C-1
Operating Budget
Grantor Amount
Department of HUD $ 514,068.00
Tarrant County ACCESS 25,000.00
Meadows Foundation 157,000.00
Tarrant County MHMR 360,000.00
Norwest Foundation 5,000.00
Burlington Northern Resources 5,000.00
TOTAL OPERATING BUDGET $1,041,068.00
Exhibit D
INDEPENDENT AUDIT REQUIREMENT
BUSINESS/AGENCY NAME:
PROGRAM:
AMOUNT FUNDED: $
Name of Independent Auditor who will perform agency audit:
(Independent Auditor)
Date audit is to perform:
(Month and Year)
The following language is a condition of your contract with the City:
"In accordance with OMB Circulars A-128 and A-133,
for all contracts in the amount of$300,000 or more,
Contractor must submit to City an annual audit of its
program operations and finances,covering either its
fiscal year during which this contract is in force or
covering the period of this contract. This audit must be
prepared by an independent certified public accountant
and must be submitted within three(3)months of its
completion. Costs of preparation of this audit may be
an allowable expenditure of federal funds in an amount
proportional to that of the federal funds used in
Contractor's total agency operating budget."
Signature
Date
"Exhibit E-M/WBE Ordinance"
ORDINANCE NO.
REPEALING ALL MINORITY AND WOMEN BUSINESS ENTERPRISE
POLICIES AND DISADVANTAGED BUSINESS ENTERPRISE POLICIES
PREVIOUSLY ADOPTED; ADOPTING -AN- ORDINANCE TO REMEDY THE
UNDERUTILIZATION OF MINORITY AND WOMEN BUSINESSES, AND TO
ENHANCE THE UTILIZATION OF SAME; DEFINING MINORITY
BUSINESS ENTERPRISE, . AND WOMEN BUSINESS ENTERPRISE FOR
PURPOSE OF CERTIFICATION; REQUIRING MINORITY -BUSINESS
ENTERPRISE AND WOMEN BUSINESS ENTERPRISE PARTICIPANTS TO
BE QUALIFIED ANO ;DOING BUSINESS IN LOCALITY FROM WHICH-
THE CITY REGULARLY SOLICITS; ADOPTING THE U.S. SMALL
BUSINESS ADMINISTRATION IS DEFINITION FOR A SIZE STANDARD;
ESTABLISHING SEPARATE GOALS FOR MINORITY BUSINESS
ENTERPRISES AND WOMEN BUSINESS ENTERPRISES IN THE
SPECIFIC AREAS OF CONSTRUCTION, PROFESSIONAL SERVICES AND
PURCHASING; ESTABLISHING PROCEDURES FOR PROJECT SPECIFIC .
GOALS; PROVIDING GENERALLY , FOR THE PROCEDURES TO BE
FOLLOWED IN THE. BID/PROPOSAL PROCESS; REQUIRING BIDDERS
TO SUBMIT DOCUMENTATION OF COMPLIANCE IN ORDER TO BE
RESPONSIVE TO BID/PROPOSAL'.' SPECIFICATIONS; ESTABLISHING
WAIVER OF GOALS -PROCEDURES; ALLOWING FOR DEBARMENT FOR
MISREPRESENTATION OF FACTS. AS IT RELATES TO COMPLIANCE;
PROVIDING SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE-
.. ' . " - ..GATE: - .. : . _.. ..' . - �.. . _ - • . : .. . .: _ . _ -
WHEREAS, 'the City Council commissioned an Availability/Disparity
Study . (Study) conducted by Browne, Bortz & Coddington,
Inc. (BBC) 'and a Public Hearing (Hearing) conducted by
Carl Anderson, Esq, and found disparities. in the
utilization of minority and women business enterprises in
contracts awarded by the City of Fort Worth (City); and
WHEREAS, the Study and Hearing found that discrimination occurred
in the major contracting areas (construction, purchasing,
and professional services) Of.the City of Fort Worth and
resulted in-significant 'underutilization of minority and
women business enterprises; and
WHEREAS, minority and women business enterprises have had and
continue to have *difficulties in obtaining . financing,
bonding, credit, insurance, and assistance programs have
not been effective in either remedying the effects of
'underutilization in City contracting or in preventing
ongoing underutilization; and
WHEREAS, the Study and the Hearing determined that race-neutral
alternatives for enhancing minority and women -business
enterprise contracting are not completely sufficient; and
WHEREAS, the City has also been a passive participant in
discriminatory behavior practiced by private industry
within the relevant Marketplace in the award of contracts
to minorities. and women businesses, the purpose of this
ordinance is to overcome the effects of this past
underutilization in the City's contracting processes; and
WHEREAS, the provisions of this ordinance may increase the
utilization of minority and women business enterprises in
contracts awarded by. the City of Fort Worth; and
WHEREAS, the City Council now desires to provide a narrowly
tailored remedy for past underutilization of minority and
women businesses through the annual setting and defining
of percentage goals for -different categories of
contracts, providing penalties for fraudulent misuse of
this ordinance, requiring regular review of the necessity
for the provisions of this ordinance, limiting those
minority and women's business enterprises that
participate under this ordinance to those that qualify
and do business in the City's Marketplace, providing for
post bid submission of required information about
minority and women business enterprises and establishing
waiver of goals procedures;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL.OF THE-CITY
. OF :FQ#2T.WORTH, TPL!%$, THAT:
SECTION 1.
It is the policy of the City of Fort worth to attempt to
provide a remedy for -past underutilization of qualified minority
and women businesses and prevent ongoing underutilization of
minority and women.-business enterprises in the City's contracting
process by ensuring the full and equitable participation of
minority and women business enterprises in the provision of goods
and services to the City on a contractual basis in the manner
identified in Attachment I of -this ordinance, said Attachment I
being apart of this ordinance.
-2-
SECTION 2.
The ultimate goal of this ordinance is to' remedy the effects
of past underutilization in the Marketplace by increasing the use
of minority and women business enterprises above the present low
level to one more comparable to their availability in the Fort
Worth Marketplace. The City Council shall set an annual goal for
MBE and WBE participation in City procurement activities, based
upon the availability within the Marketplace. The initial goals,
based upon availability, shall be thirteen percent (13%) for
minority businesses -and twelve percent (12t) for women businesses
and shall be reviewed as provided for elsewhere herein. These
goals are not quotas. -
- SECTION=3. - -
The provisions of this ordinance shall apply to all contracts
awarded by the City, except as may be hereafter . specifically _
exempted,, and shall be _liberally construed for the accomplishment
Of its policies and purposes. specific goals shall be established
in the areas of construction, professional services and purchases
of other goods and services. Goals may be set on individual
projects based on the type of work or services to be performed, or
goods to. be acquired and the availability of minority and women
businesses in the City's Marketplace.
SECTION 4.
The provisions of this ordinance shall be considered in
determining the responsiveness to specifications of offerors to
the bid/proposal. The City shall consider the offeror's
-3-
responsiveness to this ordinance in the evaluation of
bids/proposals and shall award contracts to the lowest responsible
offeror meeting the specifications, inclusive of. compliance to this
minority and women business enterprise ordinance.
SECTION S.
Debarment procedures shall be established for firms willfully
misrepresenting the facts in compliance with this ordinance to the
city.
SECTION 16.
Waiver procedures to the regulations established in this
ordinance shall be provided -for City procurement activities where
a public calamity requires the'emergendy expenditure of funds; the
purchase of goods o"r services- from source(:d)- :Where -subconfracting
or supplier opportunities are nonexistent; where an economic risk•
or undue delay for the acquisition of goods or services will be
imposed on the City, or when the availability of minority and women
businesses is negligible.
SECTION 7.
.From and after the date this ordinance takes effect;-it shall
supersede all previous City Council Policies affecting minority and
women business enterprise and disadvantage business enterprises.
SECTION S.
The - City Manager, with the advice and counsel of the
Disadvantaged .Business-- Enterprise Advisory Committee ("DBEAC") in
accord with City of Fort Worth Resolution No.1148, is- hereby
-4-
authorized to establish, implement and administer regulations
necessary to carry out the intent of this ordinance.
SECTION S.
The City Council shall regularly, at least every three (3)
years, determine whether there is a continuing need for a minority
and'women business enterprise program, make relevant findings, and,
if necessary, repeal in whole or in part or enact appropriate
amendments to this ordinance.
SECTION 10.
It is hereby declared to be the intention of the City Council
that the sections, •paragraphs, sentences, clauses and phrases of
this ordinance are severable, 'and, if any phrase, clause, sentence,
paragraph=- or section of` this -ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not•affect*
any of the remaining phrases, clauses, sentences, . paragraphs. and
sections of this ordinance, since the same would have been efiacted
by the City Council without the incorporation in this ordinance of
any such• unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 11.
This ordinance shall take effect and be in full force and
effect from on and after June 1, 1995; provided, however, that this
ordinance shall not affect any procurement activity where formal
solicitation began before the effective date of this ordinance, and
it is so ordained.
-5-
APPROVED AS TO FORM AND LEGALITY-:
ity Att
Date:
ADOPTED:
EFFECTIVE:
Y
-46-
ATTACMENT I
DEFINITIONS:
1. "Bidder" means any person, firm, corporation, or -partnership
which submits a bid or proposal to provide labor, goods or
services to the City for which- City funds are expended. The
term includes "Offeror" as well as offers received from
providers of professional services.
2. "Certified" means those firms, within the Marketplace, that
are certified by either the North Central Texas Regional
Certification Agency (NCTRCA) or the Texas Department of
Transportation (TxDOT) , highway division.
3. "City" means the City of Fort Worth, Texas.
4. -"Construction" means the erection, rehabilitation, alteration,
conversion, extension, demorition, improvement, remodeling or
repair to any 'real property, including streets, storm drains
and facilities providing utility service owned by the City.
5. "Contract" means a bindiricg agreement whereby the City either
grants a privilege or •is `committed to expend or does expend
its funds or • other resources for or in -connection with a)
construction of any public improvement, and b) 'purchase of any
services (including professional services) . The term inaludes-
"purchase order".
6. „Contract Officer" means the person employed by the -City to
oversee the performance of the contract.
7. "Contracting Department" means -the department responsible for
payment of contract obligations.
8.- "Contractor" means the person, - firm; corporation, or
partnership with whom the City has entered into an agreement.
Includes the terms "Vendor", and "Prime Contractor".-
9. "Coordinator." means the administrator of the MBE/WBE Office.
10. "Good• Faith Effort'! means having: absence of malice or any
intentions to deceive; good intentions and sincerity to meet
the goals of this ordinance. Documentation submitted by the
bidders to explain why its good and honest efforts did not
meet or exceed the stated MBE/WBE goals. Compliance with each
of the following steps shall satisfy the Good Faith Effort
requirement absent proof of fraud, misrepresentation, or
intentional discrimination by the bidder:
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10.1. List each and every subcontracting and/or supplier
opportunity for the completion of this project.
10.2. Obtain a current (less than two (2) months old from
the bid open date) list of M/WBE subcontractors
and/or suppliers from the City4s M/WBE Office.
10.3. Attend the pre-bid conference, if scheduled by the
City, and attempt to utilize M/WBEs that attended.
10.4. Solicit bids from M/WBEs, within the subcontracting
and/or .'supplier areas previously listed, at least
ten days prior to bid opening by mail.
10.5. Solicit bids from M/WBEs, within the subcontracting
and/or supplier areas -previously listed, at least
ten days prior to bid opening by telephone.
10.6. Solicit bids from M/WBEs, within the -subcontracting
and/or supplier areas previously listed, at least
ten days prior to bi_d. opening by advertisement in a
local newspaper.-
10.7. Provide plans and specifications or information
regarding th4 location of plans and specification
i to •M/WBEs. -
10.8. Submit documentation-if M/WBE bids were rejected on
the basis of quotation not ' being commercially
• reasonable, qualifications, etc.
Note: If a SIC code list of M/WBEs is five or less; ' the
bidder must contact the entire list to be ' in
compliance with 10.4 and 10.5. If A SIC code list
of M/WBEs is more than five, the bidder must .
contact at least two-thirds of the list but not
less than five to be in compliance with 10.4 and
10.5. - •
Note: Bidders who -continuously list the same M/WBEs* when
contact has previously been unsuccessful as result
of disconnected numbers or returned mail, will not
be deemed in compliance with the Good Faith Effort
requirements.
11. "Joint •Venture" means an association of two or more•persons or
businesses to carry out a single business enterprise for
profit for which purpose they combine their property, capital,
skills, knowledge and management in an agreed to proportionate
share.
-8-
12. "Marketplace" means the geographic market area represented by
the Fort Worth/ Dallas Consolidated Metropolitan Statistical
Area.
13. . "Minority" means a citizen of the United States or lawfully
admitted permanent resident who is Asian-American, American
Indian, Black or Hispanic.
14. "Minority Business Enterprise" is defined as a qualified
• business concern located in the Marketplace or doing business
in the Marketplace at the time of bid opening or during
negotiations related to proposal's meeting the following
criteria:
a. which is at least 51 percent owned by one or more
minority persons, or, in the case of any publicly owned
business, at least 51 percent of the stock is owned by
one or more minority persons; and
b. whose management - and daily business. operations are
controlled by one or. more minority persons who own it;
and
C. meeting the size standards set forth by SBA.
-15: "Procurement" means the buying, renting, leasing or otherwise
obtaining or acquiring any supplies, materials, equipment or
services.
16. 4*Professional services" means services which require
predominantly mental or intellectual labor and •skills,
includes, but is not necessarily limited to, architects,
engineers, surveyors, doctors, attorneys, and.accountants.-
17. "Project Manager" see Contract Officer.
18. "Purchasing" means the buying, renting, leasing or ot,-hervise
obtaining or acquiring any supplies, materials, equipment or
services excluding construction and professional services.
previously defined. '
19. "Qualified" means an individual or business entity having
previously performed or received training in the work,
industry or profession required.
20. '"Size standard" is the average annual gross receipts for a
company and its affiliates for the previous three (3) fiscal
years which must not exceed the amounts as defined by the
United States Small Business Administration's (SBA)- standard
industry classification (sic) codes. These codes are outlined
in the most recent edition of SBA 49 CFR 23.62, Appendix B and
13 CFR 121.401-407 and 601.
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21. '"subcontract', means an agreement between -the- contractor and
another business entity for the performance of work.
22. "Women Business Enterprise's is defined as a qualified business
concern located in the Marketplace or doing business in the
Marketplace at the time of competitive bid opening or during
negotiations related - to proposals meeting the following
criteria:
a* which is at least, 51 percent owned by one or more
women, or, in the case of any publicly owned business, at
least 51 percent of the stock is owned by one or more
women; and
b. whose management and daily business operations are
controlled by one or more women who own it.
C. meeting the size standards set forth by SBA.
II_ PR06AM GOALS
(A) City-wide goals for the;::. utilization. of minority business
enterprises (MBE) and women business enterprises (WBE) shall
be reviewed and. approved annually by the City Council.
(1) The City Manager shall, on or before October 31 of each
year, beginning October 31, 1996, conduct an analysis of the
availability of MBEs and WBEs and present to the City Council
an annual report on*MBE and WBE availability and utilization.
Based on the availability of MBE/WBEs in the Marketplace and
the Cityls most recent goals attainment and with the advice
and counsel of the DBEAC, the City Manager shall recommend to
the City Council reasonable goals for the remainder of the
current fiscal year.
(2) These goals shall. be expressed in terms of percentages of
the total dollar value of all contracts to be awarded- by the
City, and -shall be established separately for categories of
construction, professional services, and*purchasing as well as
any other categories that the City Council or City Manager
deem appropriate.
(B) Individual project goals shall be set by the M/WBE Office in
collaboration with the Contract Officer and Risk Management
(where appropriate) prior to solicitation. These project
goals shall be reasonable and shall be based upon.
(1) Specific subcontracting and/or materials opportunities.
required to complete the project, and
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(2) The availability -of MBE/WBE in the' identified
subcontracting and/or materials opportunities in the
Marketplace.
(C) MBE/WBE participation shall be counted toward meeting MBE and
WBE goals in accordance with the following provisions:
(1) For the purpose of determining compliance with the goals
requirements established in- this ordinance, businesses
will be counted as MBE and WBE only when they have been
certified as.such prior to award. of the bid or proposal.
(2) Any business(es) listed by an offeror which is not
certified prior to award of bid/proposal will have that
amount of participation deducted from the total MBE/WBE
utilization in ' order to determine . the offerorgs
responsiveness." It is the responsibility of the offeror
to secure additional certified or certifiable MBE/WBE
participation before responsiveness to this ordinance is
determined.
(3) The offeror may count,.toward its MBE or WBE goals first
and second tier MBE. and WBE subcontractors and/or
suppliers. .
' Y 1
• t \
(4) The. offeror will be given credit toward the MBE/WBE
contract goal only when the MBE or WBE performs a
commercially useful function. An HBE or. WBE is
considered to have performed a commercially useful
function when:
a) it is responsible for the execution of .a distinct
element . of the work by actually performing,
managing and supervising the work involved in
accordance with normal business practice; and
b) the firm receives due compensation as agreed upon
for the work performed. '
(5) Regardless of whether an ' arrangement** between the '
contractor and the MBE/WBE represents' standard industry
practice, if the' arrangement erodes the- ownership,
control or independence of the MBE/WBE or does not meet
the commercially useful function requirement, the offeror
shall receive no credit toward the goals.
(6) An of feror may count toward its MBE or WBE goal a portion
of the total dollar value of a contract with a joint
venture equal to the percentage of MBE or WBE participa-
tion in the joint venture. The MBE or WBE involved in
the joint venture must be responsible for a clearly
defined portion of the work to be performed, equal to a
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• i
share in the ownership, control, knowledge, management,
responsibility, risks, and profits of the joint-venture.
(7) Except for joint ventures, all prime contractors, whether
same be majority firms, MBE or WBE,* shall comply with
this ordinance in order to be considered responsive.
(8) The bidder may not count toward the goal any agreements
with MBE or WBE that 'are not located• within the
Marketplace or otherwise do not meet the guidelines as
set . forth in this section.
III. MBE AND WBE UTILIZATION REOUIREMENTS
(A) In addition to the requirements set forth elsewhere, bid
conditions and requests for proposals , shall include a
statement of both MBE and .WBE goals established for the
project.
(B) Bid conditions, requests _ for proposals, and all other
specifications for contracts to be awarded by the City shall
require that offerors make a good faith effort to subcontract
with or purchase supplies from MBE and WBE. Such
specifications shall require the offeror to meet or exceed the
• stated goals or submit documentation of GFE for all contracts
of $25,000 or more to permit a determination of compliance
with the specifications or requests for proposals.
(C) Construction and Professional .Services contracts and such
other contracts which may be .competed 'for under sealed
proposal procedures (estimaj:ed cost of $25,000 or more) :and
Purchasing contracts (estimated cost of $15,000 or more)-shall
be awarded and administered in accordance with the following
standards and procedures:
(1) Competitive bids shall include the .-MBE and WBE
specifications in the bid specifications. MBE`and'WBE
• specifications .consist of the SPECIAL INSTRUCTIONS TO
BIDDERS, AFFIDAVIT STATEMENT, MBE/WBE UTILIZATION FORM,
PRIME CONTRACTOR WAIVER FORM and the GOOD FAITH EFFORT
FORM.
(a) The AFFIDAVIT STATEMENT shall be submitted with the
bid on the bid opening date.
(b) The MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR
WAIVER FORM and/or the GOOD FAITH EFFORT FORM shall
be submitted to the contracting department no later
than 5:00 p.m. , five (5) City business days after
bid opening date.
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(c) An offeror that equals or exceeds the MBE and WBE
project goals, shall submit the MBE/WBE UTILIZATION
FORM.
(d) The PRIME CONTRACTOR WAIVER FORM shall be submitted
with any bid that includes no subcontracting
and/supplier opportunities.. If substantial
subcontracting and/or substantial supplier.
opportunities arise -in the performance of a
contract awarded in reliance on the PRIME
CONTRACTOR WAIVER FORM, the contractor shall notify
the City *before subcontracts for work and/or
supplies are let and the contractor shall comply
with the requirements of this ordinance. ,
(e) GOOD FAITH DOCUMENTATION, including the GOOD FAITH
EFFORT FORM, shall be submitted with any bid and/or
proposal that ,fails to include MBE/WBE
participation that- equals or exceeds the MBE/WBE
project goals. -
(f) The submission o.f- the applicable completed form(s)
within the allotted time will be considered when
determining the responsiveness of the bid. Failure
to comply with the bid specifications, inclusive of _
the MBE and WBE specifications, shall render the
bid non-responsive.
(2) Other than responses to Requests for Proposals for those
professional services defined in Chapter 2254 of the
Texas Government Code, responses to Requests for
Proposals shall include a section which identifies the
particular MBEs and/or WBEs to be utilized in performing
the contract.
(a) Specify as to MBEs and WBEs, the estimated
percentage of the MBE and WBE participation, the
type of work to be performed by the MBE or'WBE, and
such other information as may reasonably be
required to determine the responsiveness to the
Request for Proposal.
(b) Responses that do not meet or exceed the MBE and
WBE utilization goals, as required by the request
for proposal, must submit a GFE explanation.
Failure to include such GFE explanation shall
render the response non-responsive.
(3) Initial responses to requests for proposals for those
professional services defined in Chapter 2254 of the
Texas Government Code shall not include a response to
the requirements of this ordinance. The City shall
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comply with the requirements of said Chapter and ran
the professional on the basis of demonstrated
competence and qualifications. During negotiating the
contract with the highest ranked professional, the
professional shall respond to this ordinance in the
manner specified in paragraph •2(a) above.
(4) The GOOD FAITH EFFORT documentation shall demonstrate the
Offeror's commitment and honest efforts to utilize MBE
and WBE. The burden of preparing and submitting the GFE
information is on the Offeror and will be evaluated as
part of the . responsiveness to the bid or appropriate
proposal. Any willful misrepresentation of facts on the
documentation submitted will constitute a basis for
classification as non-responsive and possible debarment.
(5) The contracting department may request the MBE/WBE Office
to waive the goal requirements of this subsection, or to
reduce the amount of- the goals, for either or both
MBE/WBE, ' in accordance with the provisions of the
Exceptions and Waivers section.
(D) The City Manager, with the advice and counsel of the DBEAC in
accord with City of Fort Worth Resolution No. 1148., shall
. adopt regulations governing the purchase of goods and services
i
under $15,000.
(E) In addition to such other requirements as may be set forth
elsewhere, the following shall apply to -construction; profes-
sional service, discretionary service, and applicable
Purchasing contracts awarded by -the City:
(1) Contracts shall incorporate this ordinance by reference,
and shall,- provide that the failure of any bidder,
contractor or subcontractor to comply with this ordinance
shall be a material breach of contract.
(2) During the term of any contract, any proposed .change or
deletion in MBE/WBE participation identified in the bid,
proposal or contract shall be reviewed by the MBE/WBE
Office to determine whether such change or deletion is
Justified in accord with the immediate following two (2)
paragraphs. Any unjustified change or deletion shall be
a material breach of the contract.
(3) Contracts shall -require that during the term of the
contract, the .contractor shall:
(a) Make no unjustified changes or'deletions in its MBE
and WBE participation commitments submitted with
the bids, proposals or during negotiations;
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(b) If substantial subcontracting and/or substantial
supplier opportunities arise during the term of any
contract that the contractor represented to the
City that the contractor alone would perform
required by the contract, the contractor shall
notify the City before subcontracts for work and/or
supplies -are let and shall be. required to comply
with the provisions of this ordinance; and
(c) Maintain records reasonably necessary for monitor-
. ing their compliance with the provisions of this
ordinance.
(4) The contractor shall submit to the MBE/WBE Office for
approval a REQUEST FOR APPROVAL OF CHANGE FORM if, during
the term of any contract, a contractor wishes to change
or delete one or more MBE and/or WBE subcontractor(s) .
(a) Within three (3) business days after receipt by the
MBE/WBE Office, the Request shall be reviewed. The
Request shall be approved if the change or
deletions . is justified. The following ' shall
constitute :.:justification for the requested
change or deletion: -
? (l.) an MBE or WBE's fa i lure to provide workers"
compensation insurance evidence as required by
state law; or
(2) an MBE or WBEF s failure-to provide evidence of
general liability or other insurance under the
same or similar terms as contained in -the
contract documents with limits of cover4ge 114
greater than the" lower of 1) the limits
required of the contractor by the City; or 2).
the limits contained in the contractor"s
standard subcontract or supply agreements used .
on other projects of similar size'and scope
and within the contractorls normal business
practice with non MBE or 'WBE subcontractorfs
or suppliers; or
(3) an MBE or WBEfs failure to -execute the
contractorls standard subcontract form in the
amount of the bid, if entering a subcontract
is required by the contractor in its normal
course of business; or -
(4) -an -MBE or WBEIs default in the performance of
the executed subcontract; and
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(5) all MBE and WBE subcontractors previously
submitting bids for the work are requested to
bid on the work, and, if reasonably
practicable due to time constraints, the
contractor obtains bids from previously non-
bidding MBEs and WBEs, and no MBE or WBE
subcontractor submits the lowest bid.
(b) If the MBE/WBE Office approves the *deletion of an
MBE or WBE and replacement by a non-MBE or WBE,
such approval shall constitute a post award waiver
to the extent of the: value of the deleted
subcontract.
(c) If the MBE/WBE Office denies the Request for Change
or Deletion, the contractor may appeal the denial
to the City Manager whose decision will be final.
NOTE: The contractor shall submit such documentation
as may reasonably be requested by the MBE/WBE
Office to -support the contractorls request.
The time' between the request by the MBE/WBE
Office* for• additional documentation and the
delivery of such documentation shall not be
included within the time period ' that the
MBE/WBE Office is required to respond.-
NOTE: Upon completion of the contract. and within ten
(10) days after receipt of final payment from
the City, the contractor shall provide the
MBE/WBE Office with documentation to .reflect
the final participation of each subcontractor
and/or supplier used on the -project, inclusive
of MBEs and WBEs.
(5) Whenever contract, amendments, change order, or extra
work orders are made individually or in the aggregate,
the contractor shall comply with the provisions `of this
ordinance with respect to the alternates, amendment,
change orders, or extra work order.
(a) If the amendment, , change order, or extra - work
affects the subcontract of an MBE or WBE, such MBE
or WBE shall be given the opportunity to perform
such amendment,- change order or extra work.
(b) If the amendment, change order or extra work is not
covered by any subcontract of like or similar work,'
is work not to be performed by the contractor,and
the amount of such amendment, change order -or extra
work exceeds ten percent (lo%) of the original
contract amount, the contractor shall comply with
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the provisions of this ordinance with respect to
such amendment, change order, or extra work.
IV. EXCEPTIONS AND WAIVERS
(A) If a bidder is unable to comply with the goal requirements
established in the Program Goals section of this ordinance,
such. bidder shall submit one of the two forms listed below
within the allotted time.
(1) A Prime Contractor Waiver -Form (Attachment 1B) is
submitted if the bidder will perform the entire contract
without subcontractors or suppliers.
(2) A Good Faith Effort Form (Attachment 1C) is submitted if
the bidder has subcontracting and/or supplier
opportunities -but was unable to meet or exceed the
project M/WBE goals. The bidder will submit requested
documentation which demonstrates a good faith effort to
comply with the goals requirements as described in the
Program Goals section above.
(B) A contracting department may request the MBE/WBE Office to
waive or modify the 0oal. requirements for MBE and/or WBE by
Submitting a Departmental Waiver Form in writing,. prior to
solicitation of bids or proposals. The MBE/WBE Office may
grant such a waiver or reduction upon determination that3
(1) The reasonable-and necessary requirements of the contract
render subcontracting or other participation of business
other than the bidder or proposer infeasible; or
(2) A public' or administrative emergency exists' which
requires the goods or services to be provided with
unusual immediacy; or
(3) Sufficient MBE and WBE,providing the services required by
the contract are unavailable in the market area of the
project, despite attempts to- locate them; or
(4) The application •of the provisions of-this ordinance will
impose an unwarranted risk on the City or unduly delay
acquisition of the goods or services.
(5) Whenever the MBE/WBE Office denies a request to waive a
goal, the contracting department may appeal* that denial
to the City Manager whose decision on the request shall
be final.
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i
Vi- FROGRAH ADHINISTRATION
(A) The City Manager, with the advice and counsel of the DBEAC in
accord with City of Fort Worth Resolution No. 1148, is
authorized to establish and ' implement the regulations set
forth in this ordinance. The MBE/WBE Office shall be
responsible for the overall administration of the Cityes MBE
And WBE Program, and its duties and responsibilities shall
include:
(1) Recommending rules and regulations to effectuate this
ordinance;
(2) Maintaining a current listing of certified WBE and MBE
for distribution internally and externally on,contracts;
(3) Providing information and needed assistance to MBE and
WBE to increase their ability to compete effectively for
the award of City contracts;
(4) Investigating alleged violations of this ordinance and
making written recommendations to appropriate City
authorities for •remedial action when appropriate;
(5) Developing..and distributing all necessary forms, applica-
• tions, and documents necessary to comply ' with this
ordinance;
(6) Reviewing, on a regular basis, the progress .of depart-
ments toward achieving* -the category goals for the'
utilization of minority and women"s business enterprises;
(7) Making' recommendations to appropriate City staff
regarding methods to further the policies 'and goals of
this ordinance;
(8) Determining MBE/WBE compliance on contracts before they
are submitted to the City Council for award*
•
(9) Maintaining accurate contract performance reporting
system; and
(10) Compiling a report reflecting the progress in attaining
the City's annual goals;- quarterly and annually.
•
(B) It shall be the responsibility of the contracting department
to ensure that bids or proposals emanating from the-department
adhere to the procedures and provisions set forth in this
ordinance.
(1) The department director or designee shall assume primary
responsibility for achieving the goals of this program
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and shall review, on a continuing basis, all aspects of
the program 4s ' operations to assure that the purpose is
being attained.
(2) The contracting department shall take the following
action to ensure that MBEs and WBEs have the maximum
opportunity to 'participate on City contracts:
(a) The advertisements for formal bids required to be
advertised according to statute shall appear in
minority and women-targeted media, no less than -30
days before bids are due for specific contracting
opportunities;
(b) A written notification shall be sent to minority
and women trade associations, contractorls
associations, and 'minority and women chambers of
commerce about the availability of formally
advertised contracting opportunities no less than
30 days before bids are due;
(c) All contract solicitations shall include the MBE
and WBE policy;
(d) ' All contracting opportunities shall be evaluated in
} an effort to divide the total requirements of a
contract to provide reasonable opportunities for
MBE .and WBE; -
(e) For construction contracts, establish procedures to
ensure that all contractors . submitting 'correct
invoices are paid- twice a month and that.
subcontractors are paid in accord with the
subcontract within five (5) business days after
receipt of payment; a contractorfs failure to make
payments within five (5) business .days shall
authorize the City to withhold future payments from-
the contractor. until compliance with this ordinance
-is attained.
(f) Establish guidelines' to ensure that a notice to
proceed is not issued until signed letters of
intent or executed -a'greements with the MBE and WBE
have been submitted;
(g) Ensure that all required statistics and• documenta-
tion are submitted to the MBE/WBE Office as
requested; and
(h) If circumstances prevent the contracting department
from meeting the thirty-day advertising and notifi-
cation requirements, the contracting department
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i
shall perform extensive outreach to MBE and WBE
associations or other- relevant organizations to
inform them of the contracting opportunity.
V CERTIFICATION
The City will recognize MBE and WBE that are certified by the Texas
Department -of Transportation (TxDOT); highway division, or the
North Central Texas Regional Certification Agency (NCTRCA) .
V11. CONTRACT MONITORING, REPORTING, AND COMPLIANCE
r
(A) The MBE/WBE Office shall monitor compliance with these
requirements during the term of the contract. If it is
determined that there is cause to believe that a contractor or
subcontractor has failed to comply with any of the require-
ments of this ordinance, or the contract provisions pertaining
to MBE and WBE utilization, the MBE/WBE Office shall notify
the contracting. department and the contractor.
The MBE/WBE Office shall attempt to resolve the noncompliance
through conciliation. If the noncompliance cannot. be
resolved, the Coordinator and the contracting department shall
submit written recommendations to. the City Manager or
designee, and if the City Manager concurs with the findings,
sanctions shall be imposed as stated in ordinance. -
(B) Whenever the MBE/WBE Office finds, after investigation, that
a contracting department has failed- to comply with the
provisions of this ordinance, a written finding specifying the
nature of the noncompliance shall be transmitted to the
contracting department, and the MBE/WBE Office shall attempt -
to resolve any noncompliance through conference and
conciliation. . Should such attempt fail to resolve the
noncompliance, the Coordinator shall transmit a copy of the
findings of noncompliance, with a statement that conciliation
was attempted and failed,,, to the City Manager who "shall take
appropriate action to' secure compliance.
(C) The MBE/WBE Office may require such reports, information, and
documentation from contractors, bidders, contracting agencies,
and the head of any department, division, or office of the
City of Fort Worth, as are reasonably necessary to determine
compliance with the requirements, within ten (10) days after
the notice of noncompliance.
(D) Contracting departments shall maintain accurate records for
each contract awarded, including dollar value, the nature of
the goods or services to be provided, the name of the contrac-
tor awarded the contract, the efforts it employed to solicit
bids from MBE and WBE, identifying for each its dollar value,
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- j
the nature of the goods or services provided, and the name of
the subcontractor.
(E) The City Manager, with the advice and counsel of the DBEAC in
accord with City of Fort Worth Resolution No. 1148, shall
submit an annual report to the City Council on the progress of
.the City toward the utilization goals established by this
ordinance, together with an identification of problems and
specific recommendations for improving the City's performance.
VIII. DEBARMENT
(A) The misrepresentation of facts (other than a ) negligent
misrepresentation) and/or the commission of fraud by an
offeror will result in the offeror being determined to be an
irresponsible offeror and barred from participating in City
work for a period of time of not less s-than three (3) years.
(B) The MBE/WBE Office will send a written statement of facts and
a recommendation for .debarment to the City Manager. The
City Manager, after consultation with the Department of Law,
will make the - decision, regarding debarment and - send a
certified notice to the Offeror.
(C) An offeror that receives notification of debarment may appeal
to an Appeal Board, hereinafter created, by giving written
notice within ten (10) days from the date of receipt- of the
debarment notice, to the City- Manager of its request for
appeal.
(D) An- Appeal Board,' consisting of not less than three members
appointed by the City Manager with the approval of the. City
Council, will meet within thirty (30) days from the date of
receipt of the request for appeal of debarment, unless Offeror
requests an ..extension of time. The Offeror will. be notified
of the meeting time and location.
(E) The Offeror will be afforded an opportunity to appear with
Counsel if they so desire, submit documentary evidence, -and
• confront any person the City presents.
(F) The Appeal Board will render its decision not more than thirty
(30) days of the hearing and send a certified notice to the
• Offeror.
(G) If the Appeal Board upholds the original debarment, the
Offeror may appeal to the City Council within ten -(10) days
from the date of receipt of the Appeal Board's decision by
giving written notice to the City Manager.
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(H) The appeal will be placed on the City Council agenda within
.thirty (30) days from receipt of written notice, unless
Offeror requests an extension in writing.
(I) From the date of notification of debarment and during the
pendency of any appeal, the City will not consider offers
from, award contracts to, . renew or-otherwise extend contracts
with, or contract directly or indirectly through subcontracts
with the Offeror pending the Appeal Board's decision.
X. SEVERABILITY
If any provision of this attachment or- ordinance, the application
thereof to any person or circumstance is held invalid for any
reason in a court of competent jurisdiction, such invalidity shall
not affect the other provisions of any other application of this
attachment or ordinance which• Can be given effect without the
invalid provision or application, and to this end, all .the
provisions of this attachment or ordinance are hereby declared to
be severable.
i Y
-22-
ATTACHMENT
CITY OF FORT WORTH
HOUSING DEPARTMENT
CONTRACT MANAGEMENT DIVISION
SUB-GRANTEE'S REQUEST FOR FUNDS
NAME AND ADDRESS OF SUB-GRANTEE
PROGRAM NAME
CONTRACT NO.
DATE OF REQUEST
MONTH
SECTION I (AGENCY) - .-. .. .: .... -.CuRREKT MoN7t� s'; CUMULATIVE
1. REIMBURSEMENT REQUEST
1. EXPENDITURES: $ $
2. INCOME:
1
A. PROGRAM INCOME $ $
B. ADVANCE PAYMENTS $ $
C. INTEREST EARNED CDBG FUNDS $ $
3. REIMBURSEMENT REQUESTED(I MINUS 2) $ $
11. ADVANCE PAY REQUESTS
1. ESTIMATED EXPENDITURES $ $
2. INCOME:
A.PROGRAM INCOME $ $
B. UNPAID REQUEST OF PAYMENT PREVIOUSLY SUBMITTED $ $
3.ADVANCE AUTHORIZED(I MINUS 2) $ $
III. REPORT)NG INTEREST
I, INTEREST OVER$25 PER QUARTER RETURNED TO CITY $ $
SEcmN'il (CITY)-
1. MARS- PURCHASING REQUEST
A. MARS INPUT:VENDOR/PO NUMBER/REOUISITION NUMBER:
B. FUND/ACCOUNT/CENTER:
C.TOTAL AMOUNT OF THIS REQUEST: $
SECTION III_
1. VERIFICATION
A.CONTRACT MANAGER:
(N-E) (SIGNATURE) (DATE)
B. MARS-PURCHASING:
(NAME) (SIGNATURE) (DATE)
C.ACCOUNTNG:
(NANE) (SIGNATURE) (DATE)
11. AUTHORIZATION
A. AGENCY.
(NAME) (SIGNATURE) (DATE)
B. CONTRACT SERVICES ADMINISTRATOR:
(NAME) (SIGNATURE) (DATE)
C. HOUSING DIRECTOR
ID-)
DISTRIBLrn0N
WHITE ACCOUNTING
BLUE IAGM
GREEN : AGENCY
IABGM FORM 96-01
CITY OF FORT WORTH ATTACHMENT II
HOUSING DEPARTMENT
CONTRACT MANAGEMENT DIVISION
DETAIL STATEMENT OF COSTS
0
AGENCY
T O
REPORT PERIOD
PROGRAM CONTRACT NO. DATE OF REQUEST
COST CATEGORY ACCOUNTI PBUDGET � EXPENDITURES C TO DATE E BALANCE
PERSONAL SERVICES
Salaries 516 010
FICA 518 010
Life Insurance 518 050
Health Insurance 518 060
Unemployment Tax-State 518 090
Worker's Comp 518 040
Retirement 518 070
SUPPLIES
Office Su lies 521 010
Postage 521 020
Teaching Aids 522 030
Food Supplies 522 030
Other Operatina Supplies 523 300
CONTRACTUAL SERVICES
Telephone 535 040
Electric 535 020
Gas[Utility] 535 010
Water/Waste DiHJosal 535 030
Rent IBuildin ] 537 010
Custodial Services 539 220
Office E ui ment Rental 537 030
Printing 533 030
Repairs 536 010
Fidelity Bond 538 210
Liability Insurance 534 020
Legal&Accounting 538 050
Private Auto Allowance-Local 532 130
Advertising 533 010
Conferences&Seminars 531 180
Contractual Services 539 120
CAPITAL OUTLAY
Furniture,Fixtures 541 330
Office Equipment,Com uters 541 370
Other Equipment 541 320
i
TOTAL
Contractors Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid and consistent with the
terns of the agreement.
- - 0 0
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
PREPARE ONE FORM FOR EACH SOURCE OF FUNDS
DISTRIBUTION
White c Accounting
Blue :IAGM
Green :Agency
IA&GM FORM 96-03
CITY OF FORT WORTH ATTACHMENT III
HOUSING DEPARTMENT
CONTRACT MANAGEMENT DIVISION
EXPENDITURES WORKSHEET
TO
AGENCY REPORT PERIOD
PROGRAM CONTRACT NO. DATE OF REQUEST
NO. DATE CHECK NO. PAYEE DESCRIPTION ACCOUNT NO. AMOUNT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
26
TOTAL
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
DISTRIBUTION
White :Accounting
Blue :IAGM
Green :Agency
IA&GM FORM 96-04
r
PROMISSORY NOTE
FORT WORTH
$150.000.00
, 1998 TARRANT COUNTY, TEXAS
I.
FOR VALUE RECEIVED, after date, in the manner and on the dates and in the amounts so
herein stipulated,Presbyterian Night Shelter, (Borrower)jointly and severally, promises to pay to the
City of Fort Worth, a home rule municipal corporation, (City) or order, the sum of ONE
HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($150,000.00), bearing interest
thereon at the APPLICABLE FEDERAL RATE OF INTEREST (the "Note Rate") in effect on
the Contract Date on the principal amount hereof from time to time outstanding. Notwithstanding
the foregoing, the Note is due and payable as follows, to-wit:
Borrower covenants and agrees that during the term of this agreement that the facility
constructed under this contract will be used solely to benefit low and moderate individuals.
Contractor agrees that if the property is sold or converted to a use other than that described in the
scope of services at any time during the period beginning on the date of execution of this agreement
and ending May 31, 2003, or five (5) calendar years from the date of completion, whichever comes
first, Contractor will repay to the City CDBG Program the total amount of the original loan.
Thereafter, for the period of June 1, 2003 to May 31, 2007, Contractor's obligation to reimburse
City's CDBG Program shall diminish at the rate of twenty percent (20%) per annum calculable in
yearly increments as of the anniversary date of the CDBG Program Year, as per the following
schedule:
June 1, 2003 through May 31,2004 80%of Loan Amount
June 1, 2004 through May 31,2005 60%of Loan Amount
June 1,2005 through May 31, 2006 40%of Loan Amount
June 1, 2006 through May 31, 2007 20%of Loan Amount
June 1, 2007 and thereafter 0%of Loan Amount
II.
This note is secured by the Deed of Trust of even date herewith between City and
Borrower covering the City's fee simple interest in the property described in Section III.
III.
This Promissory Note and the Loan represented hereby shall be assumable from Borrower,
provided that any subsequent holder must be approved by the City as if the new holder were an
original Borrower, such approval shall not be unreasonably withheld or delayed.
This Note is secured by a Deed of Trust of even date herewith, executed by the Borrower to
Edwin S. Cook, in care of the City of Fort Worth Department of Housing, Trustee, conveying the
property as follows:
The facility will be located at 1500 Presidio Street East, Lot 1, Block 94 Texas &
Pacific Addition; 1504 Presidio Street East, Lot 2, Block 94, Texas & Pacific
Addition; and 2407 Cypress Street, Lot 1, Block 94, Texas & Pacific Addition,
Fort Worth, Texas.
IV.
Except as set forth in this instrument or the Deed of Trust given to secure the payment of this
Promissory Note, or the Contract, the failure to pay this Note or the failure to meet any of its other
terms, at the option of the Lender, matures the full amount of this Note, and it shall at once become
due and payable without notice and the lien given to secure its payment may be foreclosed; and the
failure to exercise this option shall not constitute a waiver of the right of the Lender to exercise it in
the event of any subsequent default.
V.
Except as set forth in this Promissory Note or in the Deed of Trust or Contract, the Borrower,
and all endorsers, and all persons liable or to become liable on this Note, waive demand, protect and
notice of demand,protest and non-payment.
VI.
If this Note is placed in the hands of an attorney for collection or is collected through the
Probate Court or the Bankruptcy Court or through other legal proceeding, the Borrower promises to
pay, at attorney's fees, and additional amount equal to ten percent (10%) of the amount then owing
on this Promissory Note, if the Lender is the prevailing party.
VII.
Notwithstanding any other provision to the contrary in this Promissory Note or in the Deed of
Trust or in the Contract, in the event of any default by Borrower in the payment of this Promissory
Note, and any default under the Deed of Trust or Contract, Lender agrees to give the Borrower
written notice of such default and provide Borrower with thirty (30) days to cure the default prior to
any acceleration of the unpaid balance of this Promissory Note.
VIII.
Lender agrees that the Borrower, its general partner and limited partners, shall have no
personal liability for the payment of this Promissory Note or other indebtedness or obligations as
defined in the Deed of Trust given to secure payment of this Promissory Note or in the Contract
executed of even date herewith, and that Lender's sole and exclusive remedy in the event of a default
hereunder, shall be limited to the foreclosure of its lien against the Property.
In witness whereof, this Note has been duly executed by the Borrower, as of this day
of / -', 1998
BORROWER: Presbyterian Night Shelter
2400 Cypress St.
Fo Worth TX 76113
BY : ".-I
John Suggs
Executive Director
THE STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared
'50k., S.«nc S known to me to be the person whose name is subscribed to the
forgoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /fit day of ¢- ,
1998.
umIE MENDEZ ic,State of Toxas mission Expires (Print or Type Name of Notary Public)
T.8,2002
Notary Public in and for the State of Tejca S
My Commission Expires: 9 �-
THE STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared
known to me to be the person whose name is subscribed to the
forgoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,
1997.
(Print or Type Name of Notary Public)
Notary Public in and for the State of
My Commission Expires:
EJCPM=?40tWs
r
City of Fort Wortk. Texas
Mayor and Council Communication
DATE REFERENCE NUMBER I,OC NAM$ PAGE
07/15/97 C- 16181 05HOME 1 of 5
SUBJ]cr AFFORDABLE HOUSING DEVELOPMENT 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), and $55,300.00 in HOME match funds from the AHDF and;
approve the_transfer of the following funds for the AHDF; and
Home 1995 . $266,200.00
Home 1996 55,360.00
2. Authorize the City 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 Army for construction of an
elevator. to provide accessibility for persons with disabilities at its transitional
housing facility;
b. $70,000.00 to Neighborhood Housing Services, Inc. for. construction of single
family.infill housing;
C. $161,500:00 deferred payback -loan to Volunteers of America for rehabilitation of
transitional housing.
3. Approve the use of $150,000.00 in Community Development Block Grant (CDBG)funds
from the Affordable Housing 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
Haven 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
7. Authorize the contract performance period on ail five contracts to begin on the date
signed and end May 30, 1999.
City of Fort Wortk Texars
Mayor and Council Communication
DATE REFERENCE NUMBER I.OG NAML PAGB
07/15/97 C- 16181 05HOME 2 of 5
snip AFFORDABLE HOUSING DEVELOPMENT. FUND ALLOCATIONS
DISCUSSION:
On November 19, 1996, (M&C G-11680) the City Council allocated $1,143,668.00 in total
funding to establish the Affordable Housing Development Fund. This total funding is
comprised of $222,368.171n combined Year XVI, XIX, XX and'XXl Community Development
Block Grant (CDBG) funds, $500,000.00 in federal HOME Investment Partnership Act funds,
5316,000.00 in Rental Rehabilitation funds, and $105,300.00 in HOME match funds.
The Affordable Housing Development Fund is intended to leverage city funds by generating
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' Conference 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 provided technical assistance and held discussions with the applicants on their
proposals.
A total funding amount of $2,968,789.00 was 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 organizations. The remaining balance. .
of 5411,168.00wil1 be carved over and made available in a future Request For Proposals.
A brief description of projects recommended for funding follows. A more detailed description
of sponsors and them projects is included in Attachment A.
AGENCY SCOPE OF WORK AMOU NT FUNDING TYPE
Presbyterian Night New construction . $150,000.00 CDBG
Shelter of Safe Haven
for mentally ill
homeless (20 units)
Neighborhood Housing Infll Housin 9. $ 70,000.00 HOME
Services ME
Services construction
line of credit
Salvation Army Construction of elevator $100,000.00 HOME
to remove architectural
barrier for persons with
disabilities (49 units)
City of Fort Wonk Texas
Mayor and Council Communication
DAIS REMU=C$ NUMBER UW! NAME PAGE
07/15197 C- 16181 05HOME 3 of 5
svMOIXT AFFORDABLE HOUSING DEVELOPMENT FUND (AHDF) ALLOCATIONS
Volunteers of America Rehabilitation of rental $151,500.00 HOMEMOME
housing units for chemically ($96,200 HOME) Match
dependent low income ($55,300 HOME Match)
persons
XA Limited Partnership Rehabilitation of the 149 $261,000.00 Rental Rehab
Unit Ridglea V11ageProgram
Apartments
TOTAL $732,500.00
Sponsors requesting funds but not recommended are as follows:
NAME AMOUNT REQUESTED REASON FOR NOT FUNDING
Fort Worth Housing. $348,000.00 Proposed property
Authority acquired by another
organization.
J & B Trust $ 7,500.00 Project contains severe
and flood structural hazards.
One Day at a Time - 0175,000.00 Organization needs.to develop-
its internal control and
management infrastructure.
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.
City of_Fort Wortk Texas
Mayor and-Council Communication
RATS, REFERENCE NDMER I,OG NAME PAGE
07/15/97 C- 16181 05HOME 4 of 5
AFFORDABLE HOUSING DEVELOPMENT FUND (AHDF) ALLOCATIONS
Walker Johnson $ 27,530_.00 Proposed rent structure not
attainable in project's
market. More appropriate rent
levels suggest the project would•
not be financially feasible.
Shilo Economic
Development Corp. $ 50,000.00 Poor leveraging of City funds.
Habitat for Citizens $ 75,000_.00 Organization needs to
demonstrate further progress
With City Funds already received.
House of Prayer $ 75,000.00 Organization needs to
develop internal control and
management infrastructure.
• 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 the City Council by the Safety and Community
Development Committee on July 8, 1997. -
City of Fort Wortk Texas
Mayor and Council Communication
DAIS REFERENCE NIIbffiER LOG NAME PAGE
07/15/97 C- 16181 05HOME 5 of 5
SOWECT I AFFORDABLE HOUSING DEVELOPMENT FUND (AHDF) ALLOCATIONS
FISCAL INFORMATION/CERTIFICATION:
.The Director.of Fiscal Services certifies that upon approval of recommendations, funds will be
available in the current operating budget, as appropriated, of the Grant Funds.
LW:f
. Sttlae Wed fa Cly Mmagu-s FUND ACCOUNT CW=. •AMOUNT CITY SECMARY
Otdw by: (to)
(1)GR76 5391M 005206104062 $100.000.00
La6y waft= 6183 (1)GR76 5391M 005206104063 70.000.00
O DqutmeedHead: (1)=76 539120 005206107043 55.300.ao APPROVED
O)MV6 SS339 20 005206100170040 10O.M.0 CITY COUNCIL
Jaomc walks 7537 (ftoat)
(1)(;R76 539120 005206104520 526M.200.00 JUL 15 'q9T
(I)GR76 5391M 005206107120 55.300.00 Zz, V C-A��
(Z)GR76 539120 005206104062 100.000.00 Cjtr%0Cr&ssyoE&&
(2)GR76 539120 005206104063 70.(00.00 City of FCC
(2)GR76 539120 005206107043 55.700.00
(2)GR76 5391M 005206104064 96.200.00
(3)GR76 539120 005206101300 100.000.00
Foe'Addltboal Wwmatim (4)GR76 539120 005206101700 100.000.00
C OWL- (4)GR76 539120 005206088230 50.000.00
eoea
Jee walka 7537 1 (6)GR92 VARIOUS 005206078000 261.000.00