Loading...
HomeMy WebLinkAboutContract 25513 CITY SECRETARY CONTRACT NO. "- • STATE OF TEXAS ❑ COUNTY OF TARRANT ❑ THIS contract is made and entered into by and between the City of Fort Worth ("City"), acting by and through Libby Watson, its duly authorized Assistant City Manager, and Mitchell Boulevard Development Corporation, Inc. (MBDC or "Contractor"), by and through President, Gerald Shaw. Contractor's business address is 2517 Thannisch Avenue, Fort Worth, TX, 76105 WHEREAS, the City of Fort Worth has received grant monies from the United States Department of Housing and Urban Development ("HUD") through the Home Investment Partnerships Program ("HOME"), Program No. M-99- MC-480204, with which the City desires to promote activities that expand the supply of affordable housing and the development of partnerships among the City, local governments, local lenders, private industry and neighborhood based, nonprofit housing organizations; and WHEREAS, the primary purpose of the HOME program pursuant to the National Affordable Housing Act of 1990 ("NAHA") and 24 CFR 92, ("the Regulations") is to benefit low and very-low income citizens by providing them with affordable housing; and WHEREAS, the MBDC, a nonprofit corporation managed by a volunteer Board of Directors, is working to increase the number of decent, affordable housing units available to low and very-low income families and individuals; and WHEREAS, the Citizens and the City Council of Fort Worth have determined the low and very-low income citizens of Fort Worth need that such an initiative; NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: 1 GENERAL PROVISIONS 1.1 Purpose 1.1.1 The express purpose of this agreement is to provide Contractor with HOME funds not to exceed Thirty Thousand Dollars, ($30,000.00), for administration of Contractor's housing activities in the Southeast area of Fort Worth area that will be affordable for low and very-low income families, in accordance with Exhibit A-"Program Budget". 1.1.2 The City hereby certifies that Contractor is a Community Housing Development Organization (CHDO) and must act as an owner, developer or sponsor of the housing as defined by HUD. The CHDO is a "owner" when it has control of the project, as evidenced by legal title or a valid contract of sale. A CHDO is a "developer" when it owns property or has the contractual obligation to a property owner to either obtain financing, rehabilitate or construct and transfer title of the property and the HOME deferred payment loan obligations from the owner to a HOME-qualified homebuyer within a specified M timeframe. A CHDO is a "sponsor" when the CHDO owns and rehabilitates a property and transfers title and the HOME deferred payment loan obligations and recapture requirements to a HOME-qualified homebuyer within a specified timeframe. 1.1.3 The City shall act through its agent, the City Manager, or his duly authorized representative, unless otherwise stated in this agreement. Contractor agrees to comply with the uniform administrative requirements contained in Section 92.505 of the HOME regulations. In addition, Contractor must comply with the project requirements stated in Subpart F of the Regulations. 1.2 Duration of Contract 1.2.1 This Contract begins on the date of execution and ends twelve months thereafter. 1.2.2 Contractor covenants and agrees that, in event it desires to extend the terms of this agreement beyond its stated date of expiration, it shall submit a written request for extension to the City at least 60 days prior to the current expiration date hereof and that said submission shall include the Contractor's anticipated budget, goals and objectives for the extended period; provided, however, that the City is under no duty or obligation to grant the requested extension, and that any such extension must be in writing as an amendment to this contract and approved by the City Manager. 1.3 Independent Contractor 1.3.1 Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Contractor shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, program participants, licensees or invitee. The doctrine of respondeat superior shall not apply as between City and Contractor, its officers, members, agents, servants, employees, subcontractors, program participants, licensees or invitee, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is expressly understood and agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of the Contractor, nor any program participant hereunder, is in the paid service of City and that City does not have the legal right to control the details of the tasks performed hereunder by Contractor, its officers, members, agents, employees, subcontractors, program participants, licensees or invitee. 1.3.2 City shall in no way nor under any circumstances be responsible for any property belonging to Contractor, its officers, members, agents, employees, subcontractors, program participants, licensees or invitee, which may be lost, stolen, destroyed or in any way damaged; and contractor hereby indemnifies and holds harmless City and its officers, agents, and employees from and against any and all claims or suits. 2 1.4 Termination 1.4.1 This contract may be terminated by the City in the event of default, inability, or failure to perform on the part of Contractor, or whenever such termination is determined by the City to be in the City's best interest. Likewise, the contract may be terminated by Contractor if the City does not provide funds pursuant to this agreement. The contract may be terminated for mutual convenience upon agreement of the parties. 1.4.2 The parties acknowledge that HOME funds paid hereunder are intended to provide only partial funding for Contractor's program operations. If non-HOME funds in the Operating Budget are not forthcoming to Contractor during the contract term, City may terminate this contract. 1.4.3 City shall notify the Contractor in writing of any breach of this contract, and specify a reasonable time within which to cure the particular breach. After being notified of such non-material breach, if Contractor fails to cure the non-material breach within the time stated in the notice, this contract shall automatically terminate at the expiration of the stated time allowed for cure. 1.4.4 Contractor shall return to City any unused monies previously distributed under this contract within thirty (30) days of the effective date of contract termination. City will have no responsibility or liability for Contractor's expenditures or actions occurring after the effective date of the contract termination. 1.5 Venue 1.5.1 Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or non-performance of this agreement, venue for said action shall be in Tarrant County, Texas. 1.6 Written Instrument is Entire Agreement 1.6.1 All terms of this contract shall apply to any and all subcontractors of Contractor which are in any way paid with HOME funds or who perform any work in connection with Contractor's Program. 1.6.2 The provisions of this agreement are severable, and, if for any reason a clause, sentence, paragraph or other part of this agreement shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 1.6.3 The failure of the City to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the City's right to assert or rely upon any such term or 3 right on any future occasion. 1.6.4 This written instrument and the exhibits attached hereto, which are incorporated by reference and made a part of this contract for all purposes, constitutes the entire contract by the parties hereto concerning the work and services to be performed under this contract. Any prior or contemporaneous oral or written agreement that purports to vary the terms of this contract shall be void. Any amendments to the terms of this contract must be in writing and must be approved by each party to this contract. 1.7 Paragraph Headings 1.7.1 The paragraph headings contained herein are for convenience in reference to this contract and are not intended to define or to limit the scope of any provision of this contract. 2 DUTIES AND RESPONSIBILITIES OF CITY 2.1 Disbursement of Funds 2.1.1 The City will furnish federal grant funds, (United States Department of Housing and Urban Development HOME Investment Partnerships Program No. M-98- MC-480204) for use as stated herein. The City will monitor the use of such funds to ensure appropriate use of the funds. Funds shall be disbursed after execution of this contract and in compliance with the provisions therein. Disbursements from the HOME account for an advance of funds to cover administrative expenses will require completion of(1) Attachment I "Request For Funds" form, (2) Attachment II "Detail Statement of Costs" and (3) Attachment III "Expenditure Worksheet". 2.1.2 No funds will be advanced if financial reports accounting for funds previously advanced are not received. 2.2 Amount of Funds 2.2.1 It is agreed that the total distribution of federal grant funds made available to or paid on behalf of Contractor, during the term of this contract shall not exceed the total sum of Thirty Thousand Dollars, ($30,000.00) for specific administrative needs of Contractor in accordance with Exhibit A-"Program Budget". 2.2.2 Contractor may provide additional HOME funds to Contractor within twenty-four months after the execution of this contract as specified in Section 92.300 (e) of the HOME regulations for affordable housing activities to low and very-low income people. 3 DUTIES AND RESPONSIBILITIES OF CONTRACTOR 3 1 Statement of Work, Budget and Time Line for Goals and Expenditures 4 3.1.1 Contractor will utilize HOME funds provided under this contract to assist certain of its operating expenses to promote the development of Contractor and its efforts to produce affordable housing for low and very-low income families, as defined in Paragraph 1.1.2, above. HOME funds may only be used to provide Contractor funding for activities which are eligible and allowable expenditures pursuant to HOME regulations specified in Section 92.208. The operating expenses are described more specifically in Exhibit "A'. 3.1.2 By the end of the contract period, the Contractor shall complete or submit evidence of the following: • Board Resolution(s) or minutes approving CHDO geographic boundaries for housing programs • Evidence of control of the site(s) of the proposed housing project, e.g., option to buy, title, etc. • Evidence of appropriate zoning of the site for the proposed housing project • Marketing study • Development budget • Housing plans and specifications • Written construction quote from the builder • Qualifications and tract record of proposed builder(s) and other subcontractors, including proof of insurance and workers' comp coverage • Letter of commitment from any permanent financing lender • Proforma for the first five years • Supportive services and providers • Plans for marketing and outreach, qualifications and intake of renters • Compliance with terms of affordability • Compliance with other specific HUD requirements for the proposed project, e.g., neighborhood and site standards for new multi-family project, etc. 3.1.3 The funds provided under this contract are provided with the understanding that if Contractor has not already received development funds then the Contractor will apply for HOME project funding within a twenty-four month period from the date of Contract execution through HOME funded programs available at the time of its application. Funding of the application will be conditioned upon the availability of funds at the time of application, quality of its request, and the applicability of its funding request to existing HOME funded programs. This contract does not establish a binding legal commitment on the part of the City to provide HOME project funds to Contractor. 3.2 Budget 3.2.1 Contractor agrees that the HOME funds will be expended in accordance with Exhibit B. No change shall be made without prior written approval of the City. Under no circumstances shall the total amount of program funds expended by Contractor from funds paid by the City exceed Thirty Thousand Dollars, ($30,000.00). 5 3.2.2 The funds from the City may be spent only to pay for actual expenses for program administration. 3.3 Time Line for Goals and Expenditures 3.3.1 Contractor will work in accordance with Exhibit `B" Program Time Line, and ensure that program goals and expenditures correspond with the completion of the Program. Performance of the activities and expenditures for which payment is authorized on Exhibits A and B will be deemed completed when approved by the City. 3.4 Reversion of Assets 3.4.1 Contractor agrees to return to the City any HOME funds remaining on hand at the end of the contract. Repayments, interest and other returns on investment attributable to HOME funds may be retained by the Contractor for the operation of the program for the duration of the contract. If repayments, interest or other returns on investment attributable to HOME funds are received after the term of this contract, they shall be returned to the City to be deposited in the City's local HOME account in accordance with Sections 92.503 (b) and 92.504 (c) (3) of the HOME regulations. 3.5 Accounting, Records and Report s 3.5.1 Contractor will establish and maintain an accounting system using uniform and established principles of standard accounting in accordance with Paragraph 3.6, for the documenting and controlling the expenditure of HOME funds used in the pursuit of Program objectives to be performed in this contract. 3.5.2 All home funds, as distributed to contractor, will be immediately deposited by contractor in a local, federally-insured, interest bearing bank checking account, and thereafter disbursed by check by contractor for the purposes allowed under this contract ("allowable costs" hereinafter defined). Only home funds will be deposited to this account and no other funds will be commingled with this account. The city shall have access to the records relating to this account for purposes of auditing contractor's expenditures of the city grant, and contractor will so advise appropriate bank officials. 3.5.3 Contractor will only use HOME funds received to defray expenditures which are: (1) made in conformance with the specified purposes set out in Exhibit A and all other provisions of this Contract; (2) necessary to accomplish the Program objectives; (3) reasonable in amount of goods and services purchased; (4) actual net costs to the Contractor (i.e., the price paid minus any refunds, rebates, discounts or any other items of value received by Contractor that have the effect of reducing the cost actually incurred) (5) incurred after execution of this Contract unless specific authorization from the City to the contrary is received; (6) satisfactorily documented; and (7) treated uniformly and consistently under the accounting system established by Contractor for these purposes. 6 3.5.4 All costs defrayed from HOME funds will be supported by properly executed checks, orders, payrolls, time records, invoices, contracts, vouchers, or other accounting documents evidencing in detail the nature and propriety of the charges. Such documentation will be clearly identified, readily accessible and, to the extent possible, kept separate and apart from all other such documents. 3.5.5 The City expressly reserves, for a period of five (5) years from the date of execution of this Contract, the right to audit compliance with the terms of this Contract, and any and all records and documents relating to expenditures made for which HOME funds are used, or relating to any other activity under this Contract or use of HOME funds. Contractor agrees to retain all such records and documents for the five (5) year period 3.5.6 Contractor will obtain and keep on file the following information on each client served by the Program. Such records shall be kept for the period of affordability mandated by the Regulations. 3.5.6.1 annual income and size of the household of which the client is a member; 3.5.6.2 ethnic group of the client, using one of the following five categories: White, not Hispanic; Black, not Hispanic; Hispanic; Asian or Pacific Islander; American Indian or Alaskan Native; 3.5.6.3 whether the head of the client's household is male or female; and 3.5.6.4 additional statistical information as may be required by HUD regulations and any amendments thereto. 3.5.7 Contractor will keep on file the following information and documentation on each individual project: 3.5.7.1 proof that the project meets the applicable property standards; 3.5.7.2 the per unit amount of HOME dollars invested; 3.5.7.3 the compliance with the affirmative marketing requirements and existence of acceptable procedures; 3.5.7.4 compliance with relocation requirements; 3.5.7.5 minority and female owned business data, and affirmative fair housing actions; 7 3.5.7.6 compliance with lead based paint and Davis-Bacon requirements; and 3.5.7.7 compliance with conflict of interest rules. 3.5.8 By the 15th of each month during which this program is supported by the HOME funds provided under this contract (to be construed as including the use of any asset obtained through the expenditure of HOME funds), Contractor will supply the City with a report detailing: 3.5.8.1 progress toward goal achievement; and 3.5.8.2 expenditure detail. 3.5.9 Reports shall be submitted in the format specified by City. 3.6 Cost Principles 3.6.1 Contractor shall comply with the requirements and standards of OMB Circular A-122, "Cost Principles for Non-Profit Organizations". 3.6.2 For all HOME funded contracts in the amount of$300,000 or more, Contractor must submit to City an annual audit prepared in accordance with 24 CFR part 84 generally, with specific reference to OMB Circular A-133. The audit may cover either Contractor's fiscal year during which this contract is in force or cover the period of the contract. This audit 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 the City within (30) days of its completion. 3.6.3 City reserves the right to perform an audit of Contractor's program operations and finances at any time during the term of this contract, if City determines that such audit is necessary for City's compliance with OMB Circular A-128, and Contractor agrees to allow access to all pertinent materials as described in section headed records and reports above. If such audit reveals a questioned practice or expenditure, such questions must be resolved within (15) days after notice to Contractor of such questioned practice or expenditure. If questions are not resolved within this period, City reserves the right to withhold further funding under this and/or future contract(s). 3.6.4 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 immediately reimburse the City the amount of such monies so misused, misapplied or misappropriated, plus the amount of any sanctions, penalty or other charge levied against City because of such misuse, misapplication or misappropriation. 8 3.7 Monitor Effectiveness of Services and Work 3.7.1 The City will review the activities and performance of each contractor and subrecipient not less than annually as required in Section 92.504 (e) of the HOME regulations. 3.7.2 Contractor agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by Contractor's compliance with the terms of this contract. The City shall have access at all reasonable hours to offices and records (dealing with the use of the funds that are the basis of this contract) of Contractor, its officers, directors, agents, employees, and subcontractors for the purpose of such monitoring. 3.7.3 Contractor agrees to likewise monitor the effectiveness of the services and work to be performed by its subcontractors. 3.8 Compliance with All Applicable Laws and Regulations 3.8.1 Federal 3.8.1.1 Contractor agrees to comply with the following laws and the regulations issued thereunder as they are currently written or are hereafter amended during performance of this contract: 3.8.1.1.1 Title VI of Civil Rights Act of 1964 (42 USC 2000d et seq) 3.8.1.1.2 Title VIII of Civil Rights Act of 1968 (42 USC 3601 et seq) 3.8.1.1.3 Executive Orders 11063, 11246, as amended by 11375 and as supplemented by Department of Labor regulations (41 CFR, Part 60) 3.8.1.1.4 Section 504 of the Rehabilitation Act of 1973 (29 USC 794) 3.8.1.1.5 The Age Discrimination Act of 1975 (42 USC 6101 et seq) 3.8.1.1.6 National Environmental Policy Act of 1969 (NEPA) and the related authorities listed HUD's implementing regulations (24 CFR Part 58). 3.8 1.1.7 Immigration Reform and Control Act of 1986 (Pub. L. 99-603, 100 Stat .3359, as amended) specifically including the provisions requiring employer verifications of legal worker status of its employees 3.8.1.1.8 Housing and Community Development Act of 1987 (Pub. L. 100-242, 101 Stat. 1815, as amended) 3.4.1.1.9 The Americans with Disabilities Act of 1990 (42 USC 12101 et seq) 3.8.1.1.10 National Affordable Housing Act of 1990 3.8.1.1.11 The Drug Free Workplace Act of 1988 (24 CFR part 23, subpart F) 3.8.1.2 Contractor, in the operation of its program, will also comply with Office of 9 Management and Budget Circular A-122 and attachments and revisions thereto, regarding principles for determining costs for HOME-funded programs. 3.8.2 Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701 3.8.2.1 As the work performed under this contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701, Contractor covenants to abide by the requirements of the said Section 3. It requires as follows: 3.8.2.1.1 that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area, and 3.8.2.1.2 that, to the greatest extent feasible, contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. 3.8.2.2 Contractor will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development, set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. Contractor certifies and agrees that it is under no contractual or other disability, which would prevent it from complying with these requirements. 3.8.2.2 Contractor agrees that it will send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers representatives of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 3.8.2.3 Contractor agrees that it will include the said Section 3 clause in every subcontract for work in connection with the project and will, at the direction of City, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135. Contractor agrees that it will not subcontract with any subcontractor where it has notice or knowledge that the latter has been 10 found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided Contractor with a preliminary statement of ability to comply with the requirements of these regulations. 3.8.2.4 City and Contractor understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract shall be a condition of the Federal financial assistance provided to the project, binding upon City and Contractor, and their respective successors, assignees and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors, its successors and assignees, to those sanctions specified by the Grant Agreement through which federal assistance is provided and to such sanctions as are specified by 24 CFR 135. 3.8.3 Clean Air Act; Clean Water Act; Environmental Protection Agency (EPA) Acts and Regulations 3.8.3.1 This contract is subject to the requirements of Section 306 of the Clean Air Act, as amended (42 USC 1857(h) et seq.), Section 508 of the Clean Water Act (33 USC 1368), Water Pollution Control Act, as amended (33 USC 1251 et seq.) and the regulations of the EPA with respect thereto at 40 CFR, Part 15, as amended from time to time, and Executive Order 11738 (42 USC 7606 nt.). In compliance with said regulations, Contractor agrees and, with respect to any nonexempt transaction, shall require each subcontractor to agree to the following requirements: 3.8.3.1.1 A stipulation that no facility to be utilized in the performance of nonexempt contract or subcontract work is included on the List of Violating Facilities issued by the (EPA) pursuant to 40 CFR 15.20; 3.8.3.1.2 Compliance with all the requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8), and Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318), relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued hereunder; 3.8.3.1.3 A stipulation that, as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities; 3.8.3.1.4 Agreement by Contractor that it will include or cause to be included the criteria and requirements of this section in every nonexempt subcontract, requiring that Contractor will take such action as City may direct as a means of enforcing such provisions. 3.8.3.2 In no event, shall any amount of the assistance provided under this contract be utilized with respect to a facility which has given rise to a conviction under the Clean Air Act or the Clean Water Act. 3.8.4 Other Laws 3.8.4.1 Contractor covenants and agrees that its officers, members, agents, employees, program participants and subcontractors shall abide by and comply with all other laws, (federal, state and local) relevant to the performance of this contract, including all ordinances, rules and regulations of the City of Fort Worth and the Regulations. Contractor further promises and agrees that it has read, and is familiar with, terms and conditions of the Regulations under which funds are granted and that it will fully comply with same. It is agreed and understood that, if City calls the attention of Contractor to any such violations on the part of Contractor or any of its officers, members, agents, employees, program participants or subcontractors, then Contractor shall immediately desist from and correct such violation. 3.9 Prohibition Against Discrimination 3.9.1 Contractor, in the execution, performance or attempted performance of this contract and agreement, will not discriminate against any person because of sex, race, religion, color or national origin, nor will Contractor permit its officers, members, agents, employees, subcontractors or program participants to engage in such discrimination. 3.9.2 During the performance of this contract Contractor agrees, and will require all its subcontractors to agree, as follows: 3.9.2.1 Contractor will not unlawfully discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Contractor will take affirmative action to ensure that applicants are employed and that employees are treated fairly during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor agrees to post in conspicuous 12 places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 3.9 2.2 Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 3.9.3 In accordance with the policy of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age or because of any handicap, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. 3.9.4 Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. 3.9.5 In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. 3.9.6 This agreement is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article III, Division 3 ("Discrimination in Employment Practices"), of the City Code of the City of Fort Worth, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents, employees and subcontractors, have fully complied with all provisions of same and that no employee, applicant or program participant has been discriminated against by the terms of such ordinances by either the Contractor or its officers, members, agents, employees or subcontractors. 3.10 Prohibition Against Interest 3.10.1 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 13 official of such locality or localities, who exercises any functions or responsibilities with respect to the program funded hereunder during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts hereunder. 3.10.2 No officer, employee, member or program participant of Contractor or its subcontractors shall have a financial interest, direct or indirect, in this contract or the monies transferred hereunder or be financially interested, directly or indirectly, in the sale to Contractor of any land, materials, supplies or services purchased with any funds transferred hereunder, except on behalf of Contractor, as an officer, employee, member or program participant. Any willful violation of this paragraph with the knowledge, expressed or implied, of Contractor or its subcontractors shall render this contract voidable by the City of Fort Worth. 3.10.3 No officer, employee, agent, consultant, elected official or appointed official of the participating jurisdiction, Contractor or its subcontractors who exercised any functions or responsibilities with respect to activities assisted with HOME funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME assisted activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 3.11 Minority and Women Business Enterprise Commitment 3.11.1 Contractor agrees to abide by the City of Fort Worth's policy to involve Disadvantaged Business Enterprises (DBEs) in all phases of its procurement practices and to provide them equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by City. Therefore, Contractor agrees to incorporate City Ordinance No. 11923, 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. 3.12 Assignment 3.12.1 Contractor shall not assign all or any part of its rights, privileges, or duties under this contract without the prior written approval of City. Any attempted assignment of it without approval shall be void, and shall constitute a breach of this contract. It is agreed that the City has the right to inspect and approve in writing any proposed subcontracts between Contractor and any subcontractor engaged in any activity in conjunction with this HOME funded project prior to any charges being incurred. 14 3.13 Indemnity 3.13.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, City and its officers, agents, servants and employees from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement and/or the operations, activities and services of the Program described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City; and Contractor hereby assumes all liability and responsibility of City and its officers, agents, servants, and employees for any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement and/or the operations, activities and services of the programs described herein, whether or not caused in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City. Contractor likewise covenants and agrees to and does hereby indemnify and hold City harmless from and against any and all injury, damage or destruction of property of City, arising out of or in connection with all acts or omissions of Contractor, its officers, members, agents, employees, subcontractors, invitees, licensees, or program participants, or caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City. 3.13.2 Contractor will maintain a blanket fidelity coverage in the form of insurance or bond in the amount of$30,000, to insure against loss from the fraud, theft or dishonesty of any of Contractor's officers, agents, trustees, directors or employees. The proceeds of such bond shall be used to reimburse City for any and all loss of HOME monies occasioned by such misconduct. To effectuate such reimbursement, such bond shall include a rider stating that reimbursement for any loss or losses thereunder shall be made directly to City for the uses and benefit of Contractor. 3.14 Waiver of Immunity 3.14. 1 If Contractor, as a charitable or nonprofit organization, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death, to persons or property, Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. 3.15 Insurance Requirements 3.15.1 Directors and Officers (D. & O) Liability Insurance $1,000,000 each claim 15 The volunteer board of directors is to be covered in addition to the entity, per se, that is MBDC , Inc. 3.15.2 Commercial General Liability (CGL) Insurance $1,000,000 each occurrence 3.15.3 Business Automobile Liability (BAP) Insurance $1,000,000 each accident The policy is to be endorsed to cover "Any Auto" used in the course of services contracted herein. Such insurance may be excess to primary personal auto liability insurance maintained by employees and volunteers to the Contractor. 3.16 Terms of Coverag 3.16.1 The City of Fort Worth is to be endorsed as an additional insured under the CGL and AL insurance policies. 3.16.2 Each insurance policy shall be endorsed to provide the City of Fort Worth a minimum thirty(30) days notice of cancellation or non-renewal. 3.16.3 Insurers of policies shall be authorized by the Texas Department of Insurance (TDI) to do business in the state of Texas and shall be of financial strength and solvency equivalent to the A.M. Best Key Rating A:VII. 3.16.4 Contractor shall provide the City of Fort Worth certificate(s) of insurance documenting coverage specified in 3.15 3.16.5 In the event any state or federal or other applicable regulatory entity requires additional insurance or bonding requirements which supersede those specified herein, such state or federal or other applicable regulatory entity's requirements shall prevail. 3.16.6 Contractor will submit to City documentation that it has obtained insurance coverage and has executed bonds as required in this contract within thirty (30) days of the execution of this contract and prior to payment of any monies hereunder. 3.17 Program Income Qualifications for Families 3.17.1 Contractor agrees to abide by HUD income guidelines, which are specific to the type of project that is undertaken by the Contractor. 3.18 Certification Regarding Lobbying 3.18.1 The undersigned representative of Contractor hereby certifies, to the best of his or her knowledge and belief, that: 3.18. 1. 1 No federal appropriated funds have been paid or will be paid, by or on 16 behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. 3.17.1.2 If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, member of Congress in connection with this federal contract, grant, loan or cooperative agreement, Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3.17.1.3 The Contractor shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of federal funds. 17 IN WITNESS WHEREOF, the parties hereto have executed four copies of this contract in Fort Worth, Tarrant County, Texas, this ,I,,A qaiv_r.G�day o A.D. ATTEST: CITY F FORT WORTH By: City Secretary"-/' 0*Watso Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Py City Attorney Date: n MITCHELL BOULEVARD Contract Authorization DEVELO T CORP TION, INC. 1_ Date By: G raid aw, President �s 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 /U at day of ✓�,� t A.D�K' C�c�v ROSELLA BARNES NOTARY PUBLIC State - Texas Not Public in and for the State of Texas Comm- E:�_03-3�-�' �' �' 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 Gerald Shaw, 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 MBDC, Inc. and that he executed the same as the act of said MBDC, Inc. for the purposes and consideration therein expressed and in the capacity therein stated as its duly authorized officer or representative. GIVEN ER MY HAND AND SEAL OF OFFICE this Yu''day of L -Q�� , A.D. 19 9G1 JANICE ALLEN of Public in and for the State of Texas MY COMMISSION E)FIRES Febru ary 24,2000 19 EXFIMIT "A" Mitchell Boulevard Development Corporation Community Development Housing Organization OPERATING BUDGET Expense Category(1) Tr�talDO Di€3G 4) ud Grants Bud et* 13�d et 3 . ) 6) ... f 7) 1'esaei aertx00 ;` E :i�7,IlI1# Salaries $30,000 $13,400 $14,600 $ 2,000 FICA $ 3,000 $ 1,600 $ 1,400 Life Insurance Health Insurance Unemployment - State Unemployment -Federal Workers' Compensation— $ 2,000 $ 1,000 $ 1,000 Retirement .. lies x;500 ::::::::.::.: € Office Supplies $ 1,300 $ 1,000 $ 300 Postage $ 1,200 $ 1,000 $ 200 Teaching Aids Office Furniture $ 2,000 $ 2,000 Other C Wa tual S micesi Telephone $ 700 $ 200 $ 300 $ 200 Electric $ 700 $ 200 $ 500 Gas Water/Waste Disposal $ 300 $ 500 $ 100 Rent Custodial Services $ 300 $ 200 $ 100 Copier Other Equipment $ 2,500 $ 1,000 $ 1,000 $ 500 Printing $ 500 $ 250 $ 250 Contractual Services $ 7,000 $ 7,000 Fidelity Bond Liability Insurance $ 2,000 Legal & Accounting $ 2,500 $ 1,000 $ 1,000 $ 500 Private Auto Allowance $ 300 $ 300 Conferences & Seminars $ 2,500 $ 1,000 $ 1,000 $ 500 Other $ 700 $ 200 $ 500 TOTAL! 500 X3£1 ot#1? 4 ESQ $ 45th; $ 3 60Q *Should be the total of columns 3 to 7. **Indicate other funding sources in columns 4 to 7, e.g. foundations, corporations, fundraising, development fees, etc. � a . / 02 � f � / 0 \�( \�} ƒ }�} \_} 00) \�} k \�\� }�.. 7 c }�} � \�\ _ } } 0w <� \�} }�} / } t co \�\ ƒ }�} \ f Ln \ \ 0 }�} ��( f \ \ 0 # }�} }�( _ } } on }�}3 \ . \ a �qI 0 k $ f 2 ° a 0 $ $ � § e 2 \ £ ? E E E E E 2 \ } CL k ° / } . § ( 2 m a _ ( k k a ) G = J E ° q $ 0 ® § e CL 00 \ _ � \ \ § � q 0 � @ 2 [ [ $ k o m § 3 u t t o w c S f CL \ ƒ ƒ $ J e x ^° w City of Fort Worth, Texas "Agar And Council commu"ication DATE REFERENCE NUMBER LOG NAME PAGE 10/26/99 **C-17714 1 05HOME 1 of 3 SUBJECT 1999-HOME FUNDING FOR COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS RECOMMENDATION: It is recommended that the City Council: 1. Authorize the use of$135,084 for Community Housing Development Organizations (CHDOs) under Federal HOME Program Year 1999; and 2. Authorize the City Manager to execute contracts, not to exceed a combined total of $135,084 in Fiscal Year 1999 HOME funds with the following CHDOs to administer their respective programs in the amounts of: a) $30,000 in Housing Support Funds to the Far Greater Northside Historical Neighborhood Association to assist the organization with payment of operating costs associated with the development of a single family homeownership project; b) $30,000 in Housing Support Funds to the Fort Worth Interfaith Housing Alliance, Inc. to assist the organization with payment of operating costs associated with the development of a senior housing project; c) $30,000 in Housing Support Funds to the Mitchell Boulevard Development Corporation to assist the organization with payment of operating costs associated with the development of a single family homeownership project; d) $15,084 in Housing Support Funds to the United Cerebral Palsy of Tarrant County, Inc. to assist the organization with payment of operating costs in the development of a. homeownership project for persons with special needs; e) $30,000 in Housing Support Funds to the Women's Second Chance to assist the organization with payment of operating costs associated with the development of additional transitional housing units for homeless women and their children; and $, Authorize the contract performance period on these five contracts to begin on the date signed and Cnd twelve months thereafter; and 4. Authorize the City Manager to amend the contracts, if necessary, to achieve program goals, provided that the amendment is within the scope of the program and in compliance with applicable laws and regulations. QISCUSSION: The HOME Investment Partnerships Program is intended to be a partnership between federal, state and local government, and non-profit and for-profit agencies that build, own, manage, finance, and support low income housing initiatives. Participating Jurisdictions (PJs) are particularly encouraged to City of Fort Worth, Texas "Agar And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 10/26/99 **C-17714 05HOME 2 of 3 SUBJECT 1999-HOME FUNDING FOR COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS work with existing community-based, non-profit housing organizations and to help develop new housing non-profits. To ensure this participation, a minimum 15% of a PJ's HOME funds must be set-aside to be used for Community Housing Development Organizations (CHDOs), and up to 5% may be set-aside to fund CHDOs' operating expenses. A CHDO is a corporation organized under state law, which has IRS 501(c)3 tax exempt status and is engaging, at least in part, in providing housing to low and very low income persons. CHDOs are certified by PJs according to specific eligibility criteria. Commitments of HOME funds must be made according to a timetable established by HUD. For the City of Fort Worth, the total 1999 HOME funds is $2,744,000. The mandatory minimum 15% set-aside for qualified CHDO projects is $411,600, and the 5% allowable for operating expenses is $137,200, for a total of $548,800. In addition, there is a carryover amount of$105,560 out of the 1994 CHDO Program Funds, which is the unexpended balance of two CHDO contracts. A request for CHDO proposals was issued on May 12, 1999, and a proposers' conference was held on May 26, 1999. Six proposals were received on August 30, in response to this solicitation. A total funding amount of $435,084 was requested by the six CHDO proposers, $300,000 for programs, and $135,084 for operating funds. Funding for five CHDOs is being recommended as follows: PROGRAM SUPPORT AGENCY SCOPE OF WORK FUNDS FUND Far Greater Northside CHDO operating expenses for development $0 $ 30,000 Historical Neighborhood of a single-family homeownership project Association Fort Worth Interfaith CHDO operating expenses for development $0 $ 30,000 Housing Alliance, Inc. of a senior housing project Mitchell Boulevard CHDO operating expenses for development $0 $ 30,000 Development Corp. of a single family homeownership project United Cerebral Palsy CHDO operating expenses for development $0 $ 15,084 of Tarrant, Inc. of a homeownership project for persons with special needs Women's Second CHDO operating expenses for developement $Q $ 30.000 Chance of transitional housing for homeless women and their children Total Funds Recommended $0 $135,084 City of Fort Worth, Texas "vigor And council communication �A 10/26/99 REFERENCE NU*BER LOG NAME C-17714 05HOME PAGE SUBJECT 1999-HOME FUNDING FOR COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS The only agency requesting program funds was Ability Resources, Inc. $300,000 was requested to assist with the acquisition of a 48-unit apartment complex for low and moderate-income persons. Ability Resources, Inc. proposed to set aside ten of the units for persons with special needs. While staff believes this has the potential to be a good project, insufficient due diligence has been conducted to demonstrate project feasibility. We will continue to work with Ability Resources, Inc. in determining the viability of this project. The Safety and Community Development Committee approved this recommendation at its October 12 1999 meeting. , FISCAL INFORMATION/CEgTIF]CATiO N: The Finance Director certifies that upon approval of the above recommendations, funds will be available in the current operating budget, as appropriated, of the Grants Fund. LW:k Submitted for City Manager's FUND ACCOUNT CENTER Office by: (to) AMOUNT CITY SECRETARY GR76 539120 005206128100 $ 30,000.00 Libby Watson 6183 GR76 539120 005206128110 Originating Department Head: $ 30,000.00 A"OVED GR76 539120 005206128120 30,000.00 MT GR76 539120 005206128130 15,084.00 CITY COUNCIL GR76 539120 005208128140 30 000 00 Jerome Walker 7537 m) OCT ZQ we GR76 539120 00520820 135.084.00 Additional Information Contact: 1280 V ) .fiL l�.....� Jerome Walker 7537 My Softatary of tho Cit y of Fort Worth.