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Contract 25738
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 The Women Second Chance ("Contractor"), by and through Felicia Alexander, its duly authorized Executive director. Contractor's business address is 621 Parkdale, Fort Worth, Texas 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-97- 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 City will enter into a contract with Contractor, a nonprofit corporation working to provide transitional housing for homeless families; and WHEREAS, the citizens of Fort Worth and the City Council of Fort Worth have determined that rental housing development is needed for the low and very-low income families of Fort Worth. NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: That, the parties covenant and agree as follows: I. GENERAL PROVISIONS I.I. Purpose 1.1.1. The express purpose of this agreement is to provide Contractor with HOME funds not to exceed Two Hundred Thousand Two Hundred and Fiftv Dollars ($200,250.00), to provide a loan toward the acquisition and the development of an apartment building consisting of a total of nine one-bedroom units on Parkdale Avenue in accordance with Exhibit "A" - Program Summary. The total development cost is estimated at approximately $365,000.00. The Contractor will be receiving additional funding from HUD to complete the project. ,L�U • 1.1.2. The City hereby certifies that Contractor is a Community Housing Development Organization (CHDO) and must act as a owner, developer or sponsor of the housing as defined by HUD. The CHDO is an "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 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 contract. 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/ Period of Affodability 1.2.1. This Contract begins on the date of execution, with the purchase and rehabilitation of an apartment building containing 9 one-bedroom units to be completed within 12 months from the date of execution of this Contract, and the loan to be repaid three years and from the date of execution. The Contract shall expire three years from the date of execution. 1.2.2. Contractor covenants and agrees that, in the 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. If no request for extension is received after the expiration of the term of three (3) years, the unexpended balance shall automatically revert to the City's HOME Program Fund. In such event. the contract is deemed terminated. 1.2.3. The housing developed by Contractor will remain affordable as required by 24 CFR Section 92.253 for a period of 15 years from the issuance of the certificate of occupancy ("affordability period'). The units must be affordable to a person whose annual income does not exceed 65% of the area median income. If. at any time during the 15-year affordability period the Contractor is found to be non-compliant in meeting the affordability requirements, repayment of the HOME funds attrihutable to the unit or units that do not maintain the HOMF affordability J_._. _U requirements will be required from the Contractor, Exhibit "B"-Low and High Home Rent limits. 1.3. Income Eligibility and Annual Re-certification of Income 1.3.1. Tenants occupying the HOME funded units must meet the tenant eligibility income guidelines per the HOME regulations. Tenants occupying High HOME Rent units must have an annual income that does not exceed 60% of the area median income and tenants occupying Low HOME Rent units must have an annual income that does not exceed 50% of the area median income, Exhibit — "C"-Income Eligibility Limits For Home Funded Rental Units. The HOME Program uses the income definitions used in the Section 8 Program. Annual income includes earned income, income from assets, and income from other sources as defined by 24 CFR Part 5. Contractor must re-certify the income of each tenant occupying the HOME funded units annually for income eligibility. 1.4. Housing Quality Standards 1.4.1 For all housing units acquired and rehabilitated with HOME fiends, the Contractor is required to meet HUD Housing Quality Standards (HQS), as well as City of Fort Worth Rehabilitation Standards. 1.5. Independent Contractor l.5.1. 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. 1.5.2. 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. %%hick ma% 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. 1.6. Termination 1.6.1. 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. 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. 1.6.2. The parties acknowledge that HOME funds paid hereunder are intended to provide only partial funding for Contractor's program budget as set forth in Exhibit C "Program Budget." 1.63. 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. 1.6.4. 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: • Stop work under the contract on the date and to the extent specified by City; • Cease expenditures of HOME monies, except as necessary for completion of the portions of the contract not terminated; and • Terminate all orders and contracts to the extent that they relate to terminated portions of the contract. 1.6.5. Contractor will 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. 1.7. Venue 1.7.1. 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 contract, venue for said action shall lie in Tarrant County. Texas. 1.8. Written Instrument is Entire Contract 1.8.1. All terms of this contract shall apply to any and all subcontractors of Contractor which are in any way paid with HOME funds or which perform any work in connection with Contractor's Program. 1.82. 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. 1.8.3. 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 right on any future occasion. 1.8.4. 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 between the parties hereto concerning the work and services to be performed under this contract. Any prior or contemporaneous oral or written agreement which purports to vary the terms of this contract shall be void. Any amendments to the terms of this contract must be in writing and must be approved by each party to this contract. 1.9. Paragraph Headings 1.9.1. 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 (HUD HOME Investment Partnerships Program No. M-97-MC-480204) for use as stated herein. The City will monitor the use of such funds to ensure appropriate use of the binds. Funds shall be disbursed after execution of this contract and in compliance with the provisions therein. Disbursements from the HOME account for actual acquisition, rehabilitation and/or resale will not be made until actually requested for payment. Payment of funds to facilitate acquisition costs will require completion of Exhibit 1) - "Request For Funds" form, and a copy of the property sales contract and c'I j• '� • deed of trust. City may, at its option, fund the acquisition portion of this Contract in advance of the actual closing and transfer of title. Subsequent requests for rehab funds will be on a % of completion basis upon submittal of suitable documentation from Contractor. Contractor understands that the availability or reasonably prudent expectation of funds calculated to substantially complete the project, by loan or other grants, either in-kind or cash, are a prerequisite to the receipt of HOME funds for the Project. The amount and type of funds (public/private) available to complete the Project will be specified in the "Program Budget", a copy of which is provided hereto as "Exhibit E". City shall receive from Contractor a letter of commitment from the Department of Housing and Urban Development (HUD) before releasing any funds. 2.1.2. Contractor shall be paid monthly for repairs completed according to the rehabilitation specifications. Payment shall be at a rate of 40% of the total completed repairs. City may choose if necessary to pay 100% of completed repairs. 2.1.3. Inspections and approval of work must be secured before request for payment can be processed. 2.1.4. 10% retainage will be held on the total rehab cost. The retained amount will be paid out 30 days after the work is completed and final inspections are approved by the City of Fort Worth. 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 Two Hundred Thousand Two Hundred Fifty dollars ($200,250.00). 2.2.2. Two Hundred Thousand Two Hundred Fifty dollars ($200,250.00) shall be used toward the acquisition and rehabilitation of an apartment building off Parkdale with 9 one-bedroom units, in accordance with Exhibit E- "Program Budget", and will be available for periodic draws during the development and rehabilitation and/or renovations, according to the rehab specifications approved by the City of Fort Worth. 3. DUTIES AND RESPONSIBILITIES OF CONTRACTOR 3.1. Statement of Work, Budget and Time Line for Goals and Expenditures 3.1.1. Contractor will subcontract to develop a rental housing development to low and very-low income families or homeless families, as defined in Paragraph 1.31. above. Funds will be utilized only to provide affordable lease hold cooperative rental housing for persons to reside within the Cite of Fort worth. 3.1.2. 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. Contractor will submit and sign request for inspection, Exhibit G — "Pay Request". Rehab work must be inspected and approved by City inspectors before payment can be issued. 3.2. Budget 3.2.1. Contractor agrees that the HOME funds will be expended in accordance with Exhibit E - "Program Budget". 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 Two Hundred Thousand Two Hundred Fifty dollars ($200,250.00). 3.3. Time Line for Goals and Expenditures 3.3.1. Contractor will work in accordance with Exhibit F- "Program Time Line", and ensure that program goals and expenditures correspond with the completion of the Program. To comply with HUD time constraints imposed on the Program, the Contractor or Subcontractor shall submit an updated program proposal, and scope of work delineating the efforts and cost required to rehabilitate or renovate the property or properties to be included in the Program to the City before beginning rehabilitation or renovation. Contractor should complete rehabilitation within twelve months from the date of execution of this contract. 3.4. Reversion of Assets 3.4.1. In the event the Contractor administering the HOME funds established under this contract is dissolved, this contract shall thereupon terminate. In the event this contract is terminated with or without cause, or for any reason whatsoever, all assets of the HOME fiends shall belong to the City and shall be transferred to the City or to such assignees as the City may designate. 3.5. Affirmative Marketing 3.5.1. Contractor must adopt affirmative marketing procedures and requirements for the units developed under this contract. The procedures and the requirements must include methods for informing the public and potential residents about fair ]lousing laws and policies so as to ensure that all individuals, without regard for race, creed, nationality or religion, are given an equal opportunity to participate in the Program. 3.5.2. Contractor must adopt written tenant selection policies and criteria that: • Are consistent with the purpose of providing housing for very low-income and low-income, persons; • Are reasonably related to program eligibility and the applicants' ability to perform the obligations of the lease; • Provide for 1) the selection of the tenants from a written waiting list in the chronological order of their application, insofar as is practicable; and 2) the prompt written notification to any rejected applicant of the grounds for rejection. 3.6. Recapture Provision 3.6.1. As long as the Contractor has a material ownership interest in the property, such as the general partner of any partnership formed for financing the property, no recapture restrictions will apply and the liability for repayment of the HOME funds grant will be reduced to zero. 3.6.2. Any complete sale of the property by the initial Contractor during the term of affordability other than a title transfer to an entity which the Contractor retains a material ownership interest, as described in Section 3.6.1. above, will require repayment of the HOME funds grant or other subsidy in accordance with Section 92.254 (a) (4) (ii) of the HOME regulations. 3.6.3. Contractor understands that these specific property recapture provisions are applicable on all HOME funded properties. 3.7. Contractual Liability to Pay 3.7.1. Contractor promises to repay to the City of Fort Worth, the sum of Two Hundred Thousand Two Hundred and Fifty dollars ($200,250), or so much thereof as shall have been advanced, at its location at 1000 Throckmorton, Fort Worth, Texas 76102 subject to the following conditions and limitations: 3.7.1.1. Principal and interest on the unpaid balance shall be payable monthly at the rate of one and half percent (1.5) per annum from the Net Operating Income (NOI) generated by the project. The City expects Contractor to pay from its cash flow any other expenses involved in developing or operating the projects including but not limited to real estate taxes. operating expenses, management fees, and replacement reserves. 3.7.1.2. The loan is secured with a Note and Deed of Trust against the property and improvements thereon situated in the City of Fort Worth. Texas, as more r-- 7 particularly described therein. The entire unpaid principal amount of this loan shall immediately become subject to a determination of default upon the first to occur of the following: (a) the vacation or abandonment by the Contractor of the Project for a period of 6 months any time during the affordability period; (b) assign the property and improvements for the benefit of creditors; (c) become insolvent; (d) be adjudged a bankrupt; or (e) to the extent allowed under 1.2.2 of this Contract, nom-compliant with the HOME affordability requirements, after notice and demand to cure. If such default remains uncured after judicial proceedings have occurred in favor of the City, the City may then or thereafter, declare the entire indebtedness to be immediately due and payable. 3.7.1.3. If any default be made as herein above set forth, the failure of the City to promptly exercise its right to declare the indebtedness immediately due and payable shall not constitute a waiver of such right nor a waiver of such right in connection with any future default on the part of the Contractor. In the event of default by Contractor under this Contract, the City shall deliver written notice of the default to all lienholders and shall grant such lienholders the opportunity to cure any such default during the time period given to the Contractor to cure such default. So Iong as there are loans made by secured lienholders with respect to the project that remain outstanding, the City shall not exercise its right to accelerate the indebtedness evidenced hereby without the prior written consent of the secured lienholders. 3.8. Accounting, Records and Reports 3.8.1. Contractor will keep or cause to be kept an accurate record of all actions taken and all fields expended, with source documents, in the pursuit of the objectives of the performance of this contract. Such records shall be kept for the period of 15 years as mandated by the Regulations defined within this Contract.. 3.8.2. All home funds, as distributed to contractor, will be immediately deposited by contractor in a federally-insured local 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 will have access to the records relating to this account for purposes of auditing contractor's expenditures of the city grant, and contractor ,Lill so advise appropriate bank officials. 3.8.3. 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) necessarL to accomplish the r- J 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. 3.8.4. 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. 3.8.5. 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 fiends 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. 3.8.6. In designing the program, Contractor has to determine methods to 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. 3.8.6.1. annual income and size of the household of which the client is a member; 3.8.6.2. 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; 3.8.6.3. whether the head of the client's household is male or female; and 3.8.6.4. additional statistical information as may be required by HUD regulations and any amendments thereto. 3.8.7. In designing the program, Contractor will determine methods to keep on file the following information and documentation on each individual project: 3.8.7.1. proof that the project meets the applicable property standards, 3.8.7.2. the per unit amount of HOME dollars invested, 3.8.7.3. the compliance with the affirmative marketing requirements and existence r rf P� of acceptable procedures; 3.8.7.4. compliance with relocation requirements; 3.8.7.5. minority and female owned business data, and affirmative fair housing actions; 3.8.7.6. compliance with lead based paint and; and 3.8.7.7. compliance with conflict of interest rules. 3.8.8. 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: 3.8.8.1. progress toward goal achievement; 3.8.8.2. expenditure detail; and 3.8.8.3. match generated. 3.8.9. Reports shall be submitted in the format specified by City. 3.9. Cost Principles 3.9.1. Contractor shall comply with the requirements and standards of OMB Circular A-122, "Cost Principles for Non-Profit Organizations" and attachments and revisions thereto, regarding principles for determining costs for the Program. 3.9.2. For all contracts with a total funding amount of $300,000 or more from federal sources, Contractor must submit to City an annual audit prepared in accordance with 24 CFR part 84.26 and OMB Circular A-133 annually during the term of the loan or until the loan is fully repaid. 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. 3.9.3. 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 Accounting Records and Reports above. If such audit reveals a questioned practice or expenditure, such questions must he resolved x�ithin ( 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). 3.9.4. If as a result of any audit it is determined that Contractor has misused, misapplied or misappropriated all or any part of the grant fiends 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. 3.10. Monitor Effectiveness of Services and Work 3.10.1. 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. Activities to be monitored include but not limited to: • Rental Application • Tenant Leases • Household Income (Amount and Source), family size, sex, race • Resident Rules • Rent Rolls • Waiting lists • Property Insurance coverage-Fire and Hazard • Tenant disclosure of Lead Based Paint • Copies of Housing Quality Standard Inspections 3.10.2. Contractor agrees to frilly cooperate with City in monitoring the effectiveness of the services and work to be performed by Contractor in compliance with the terms of this contract. Substandard performance as determined by City will constitute noncompliance with this Contract. 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. 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. 3.10.3. Contractor agrees to likewise monitor the effectiveness of the services and wort: to be performed by its subcontractors. 3.1 1. Compliance with All Applicable Laws and Regulations 3.1 1.1. Federal 3.11.1.1. 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: 3.11.1.1.1. Title VI of Civil Rights Act of 1964 (42 USC 2000d et seq) 3.11.1.1.2. Title VIII of Civil Rights Act of 1968 (42 USC 3601 et seq) 3.11.1.1.3. Executive Orders 11063, 11246, as amended by 11375 and as supplemented by Department of Labor regulations (41 CFR, Part 60) 3.11.1.1.4. Section 504 of the Rehabilitation Act of 1973 (29 USC 794) 3.11.11.5. The Age Discrimination Act of 1975 (42 USC 6101 et seq) 3.11.1.1.6. The National Environmental Policy Act of 1969 (NEPA) and the related authorities listed HUD's implementing regulations (24 CFR Part 58). 3.11.1.1.7. The 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 3.11.1.1.8. The Housing and Community Development Act of 1987 (Pub. L. 100-242, 101 Stat. 1815, as amended) 3.11.1.1.9. The Americans with Disabilities Act of 1990 (42 USC 12101 et seq) 3.11.1.1.10.The National Affordable Housing Act of 1990 3.I I.I.I.I I.The Drug Free Workplace Act of 1988 (24 CFR part 23, subpart F) 3.11.2. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701. 3.11.3. Contractor, in the operation of its program, will also comply with Office of Management and Budget Circular A-122 and attachments and revisions thereto, regarding principles for determining costs for HOME fielded programs. 3.11.4. As the work performed under this contract is on a project assisted under a program providing direct federal financial assistance from HUD 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: 3.11.4.1. That, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area, and: 3.1 1.4.2. That, to the greatest extent feasible, contracts for wort: 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. 3.11.4.3. Contractor will comply with the provisions of said Section 3 and the regulations issued pursuant thereto b� Ht JD. set forth in 24 CFR 135, and 'i 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 that would prevent it from complying with these requirements. 3.11.4.4. 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. 111.4.5. 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 HUD, 24 CFR 135. Contractor agrees that it will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided Contractor with a preliminary statement of ability to comply with the requirements of these regulations. 3.11.4.6. 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. 3.11.5. Clean Air Act; Clean Water Act; Environmental Protection Agency (EPA) Acts and Regulations 3.1 1.5.1. 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 \;LrJ^ h and, with respect to any nonexempt transaction, shall require each subcontractor to agree to the following requirements: 3.11.5.1.1. 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; 3.1 1.5.1.2. 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; 3.11.5.1.3. 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; 3.11.5.1.4. Agreement by Contractor that it will include or cause to be included the criteria and requirements in Paragraphs 3.8.1 through 3.8.4 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. 3.11.5.2. 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. 3.11.6. Other Laws 3.11.6.1. 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 Cite 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. 112. Prohibition Against Discrimination 3.12.1. Generally 3.12.1.1. 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. 3.12.2. Employment - During the performance of this contract Contractor agrees. and will require all its subcontractors to agree, as follows: 3.12.2.1. 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 places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 3.12.2.2. 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. 3.12.3. Age 3.12.3.1. 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. 3.12.3.2. 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 U.9 Ll:;• .oUu l3uh�n 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. 112.4. Disability 3.12.4.1.1. 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. 3.12.5. City Ordinances 3.12.5.1. 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. 3.13. Prohibition Against Interest 3.13.1. No member, officer or employee of City or its desicynees 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 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. 13.1 No memher. ot'ticer, emplo%ce or pro,-,ram participant of, Contractor or its CN 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 fiends 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. 3.13.3. No member, 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. 3.14. Minority and Women Business Enterprise Commitment 3.14.1. Contractor agrees to abide by the City of Fort Worth's policy to involve Minority and Women Business Enterprises ("M/WBE") in all phases of 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. 13471. as amended ("M/WBE ordinance") Exhibit 'T", 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 the City's M/WBE ordinance and requirements. 3.15. Assignment 3.15.1. Contractor will not assign all or any part of its rights, privileges, responsibilities, or duties under this contract without the prior written approval of the City. Any purported assignrnent without such approval will constitute a breach of this contract and will be void in all respects. It is agreed that the Cite has the right to inspect and approve in writing any proposed subcontracts between Contractor and any subcontractor enraged in any activity in conjunction with this HOME funded project prior to any charges being incurred. 3.16. Insurance, Indemnity, and Bonding 3.16.1. Contractor covenants and agrees to indemnify, hold harmless and defend. at its own expense, City and its officers, auents, servants and employees from and against an% and all claims or suits for property loss or damage and"or personal " r'rii 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 City harmless 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. 3.16.2. Contractor will maintain a blanket fidelity coverage in the form of an insurance bond in the amount of $200,250 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. 3.16.3. Contractor shall furnish to the City, in a timely manner, certificates of insurance as proof that it has secured and paid for policies of commercial insurance as specified herein. Such insurance shall cover all insurable risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement. Contractor shall maintain the following coverages and limits thereof: 3.16.3.1. Directors and Officers (D. & O) Liability Insurance One Million dollars ($1,000,000) each claim. The volunteer board of directors is to be covered in addition to the entity, per se that is Women Second Chance. Inc. 3.16.3.2. Commercial General Liability Insurance $1,000,000 each occurrence $1,000,000 aggregate limit rlr�� 3.16.3.3. Business Automobile Liability Insurance $1,000,000 each accident Insurance policy shall be endorsed to cover "Any Auto". Pending availability of the following coverage, and at the discretion of the Contractor, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of Contractor's business as contracted herein. 3.16.3.4. Professional Liability Insurance $ 500,000 each claim In the event the insurance policy is written on a claims made basis, Contractor shall agree to maintain such coverage a minimum of two (2) years post termination of the contract agreement. Note: This insurance shall cover the Contractor and any associated Board of Directors members. 3.16.3.5. Workers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $500,000 each accident $500.000 disease - each employee $500,000 disease—policy limit Note: Such insurance shall cover employees performing xvork on any and all projects including but not limited to construction, demolition, rehabilitation. Coverage shall be maintained by Contractor or its subcontractors. In the event the respective subcontractors do not maintain coverage, the Contractor shall maintain the coverage on such subcontractors for each applicable subcontract. 3.16.3.6. Additional Requirements Such insurance amounts shall be revised upward at City's option and that Contractor shall revise such amounts within thirty (30) days following notice to Contractor of such requirements. Contractor will submit to City document that it has obtained insurance coverage and has executed bonds as required in this contract and prior to payment of any monies hereunder. Each insurance policy shall be endorsed to provide City with a maximum sixty (60) days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. Insurance policies required herein shall be endorsed to include the City of Fort Worth as an additional insured as its interests may appear. Additional insured parties shall include employees. officers. agents. and olurntecrs ofthe Cite of Fort Worth. Jl J`!?%7 w The Workers' Compensation Insurance policy shall be endorsed to include a waiver of subrogation, also referred to as a waiver of rights of recovery, in favor of the City of Fort Worth. Any failure on part of the City to request certificate(s) of insurance shall not be construed as a waiver of such requirement nor as a waiver of the insurance requirements themselves. Insurers of Contractor's insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to business in the state of Texas. Insurers shall be acceptable to the City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rating of A:VII or other equivalent insurance industry standard rating unless otherwise approved by the City of Fort Worth. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by the City of Fort Worth. In the event there are any local, federal or other regulatory insurance or bonding requirements for the housing program addressed in this contract, should such requirements exceed those specified herein, the former shall prevail. Contractor shall agree to require its subcontractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and, Contractor shall require its subcontractors to provide Contractor with certificate(s) of insurance documenting same; and, Contractor shall require its subcontractors to have the City of Fort Worth and the Contractor endorsed as additional insureds (as their interests may appear) on their respective insurance policies. 3.17. Waiver of Immunity 3.17.1. 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. 3.18. 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 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 a,��arding of any federal contract. the makino of any federal grant, the mal:ing of an% federal loan, the entcrin�-, into of an� z a� 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. 3.18.12. If any funds other than federally appropriated fluids 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 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. IN WITNESS WHEREOF, the parties reto have executed four copies of this contract in Fort Worth, Tarrant County, Texas, this day of ,A.D. 2000. CI7bb ORT WORTH B . W on, Assistant City Manager 6"- /'"q ; ,3/ WOMEN COND CHANCE, INC. contract Authorization - _°7�_Lo By: Date Felicia Alexander, Ex cutive Director ATTEST: City Secret -�l-fl(� APPROVED AS TO FORM AND LEGALITY: By: Assistant City Atto e 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 she 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 �11t day of A.D. 20 ov . ROSELLA BARNES * NOTARY PUBLIC State of Texas exas �.e�-�-�� 'hoc? Comm. Exp.03-31-2001 Notary Public in and for 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 Felicia Alexander, 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 Women Second Chance (WSC) and that she executed the same as the act of said (WSC) for the purposes and consideration therein expressed and in the capacity therein stated as its duly authorized officer or representative. GIVEN UNDER MY HAND AND SEAL OF OFFICE this U day of O'lc, , A.D. 20vP. WIWAM HEWITi' , MY COMMISSION EXPIRES �� a ✓t `is , r &MM 27.MW Notary Public in and for the State of Texas F ^pr -,�aI^I �^v�•t7 EXHIBITS AND ATTACHMENTS EXHIBIT A—Program Summary EXHIBIT B —Low and High Home Rent EXHIBIT C —Income Eligibility EXHIBIT D — Request for Funds EXHIBIT E— Program Budget EXHIBIT F — City Ordinances EXHIBIT G—Pay Request EXHIBIT "A" PROGRAM SUMMARY PROGRAM TITLE WOMEN SECOND CHANCE INC. 708 PARKDALE LOAN 2000-2003 TOTAL LOAN AMOUNT (Acquisition and Rehabilitation) $200,250 INTEREST RATE 1.5% MONTHLY PAYMENT $5692.07 DESCRIPTION: Women Second Chance, Inc. (WSC) is a private nonprofit community based organization certified to provide transitional 110USIng for homeless women with children. WSC works collaboratively with several social service agencies, churches, neighborhood groups, businesses, foundations, the Texas Workforce Commission,Tarrant County and the City to provide transitional housing,job training and placement, counseling, day care, and information and referrals to homeless women with children. The period of performance will begin on the date of contract execution and end three (3) years thereafter. PROGRAM OBJECTIVES: To purchase, rehabilitate and rent an apartment building consisting of nine one-bedroom units to homeless women and their children. PROGRAM MEASURES • Acquisition of apartment building • Monthly inspection and draws on construction • Rehabilitation of all 9 one-bedroom units • Lease apartment to qualified applicants • Make monthly payment • Pay off loan V 'i A X. N (n C s n y s m a a s Cn s 1• rr] m ti O ••m v m A tt7 aX rn W o, 0 W yz b m o © h 0) .o T d O Id W C ] 4 p O N 3 ! '. 0 o 0 a)C7(T T=r 0 L T T SrJ Q)UI TTSr-1 Q)N TT2rx ONTT 3 NODO«-�01 NODO-O I 00>0"Ox 00>0_O N D Sr7 00>0Srm xe \'X�A2E•as QtiOr-�0... NODO«.Om _ AOEtn O_El0 AAA S41 AA A.r S- AA r" S AAAr" 2 AAA.r S- AAA m m m 3 Z 2 0 to m m;Z=O- m m 3 Z 2 0 m m 3 Z=0 mm zz>-nox ZZDTOmD ZZDTO3 ZZSTOr ;Z S O- m m;Z S po -1-im -1-imQ m DTO� ZZDTOO X;om - r. -(M0m - -gm0Xm-1 11AOmm07m m r r m x M'+ r r m m MO r r m M A r r m r. A r r m m A x r r m M m A T 1aAm� ."."1DArn7 ---1DAm �+«"-1D Am DAm DAm0 A HHm Z-1 .;...;-�M-Z1- .;r;Armor m� NN -1mZ �� 1mZ MX -1m Z7 O -f-im0-4 -f1mO--1 ...rA«. ZZ rx ZZ rx ��rn O-1 -(1m0-11�- A -4O`-- I r-" -1 �Zr� ZZrr-i D m N lad z.l6 0)A d Z6 Z. wN W wN MNA dd aww W W dww w JNW w W Oco- M(DN MtD a0 Ca CDCD LN UI NmQ) ma) WwJ -4-4 JOJ -4 a) GJJ -4-4 -.-UIN NN N-Ci) Q)-.- 0 ^ Z ' 0 j i' rn-A Z. a s m N a A A co d d d w W A W W O N N N N a w a p W a to tj CD D O) O)Z. J CO w co (D 0 w(a 1 w a(W O NO co 07 co wCO W W W NQ N NO lD NO O N O N 0 O J J J J mCD,:-O Q1 � z O•((DD Xtn N z t JUI N N N J a)N N N A W N a w CO NJ JD) N N Nd Nd N N A co O LCD O) Q1m CO K)03 co co JCoN JCD NN- -N JNN NN (D JN NJ m OrnN NN a)N CD Co CO D)W J M W (O N CO CDN -D)N NO M-4 W wJ Or. A -i��' O m O 3A w A • 07a)J 1(7) -4 00 CO-4 b.-4 NA (DJ(D lDJ d J J 0-N N- Z.z6 w C)NJ 0)U a)LnJ a)N W O a)-40 0 0 J UN N N N CO UI J Co N m 0 I NW NNd tom -j N) K) N- N- OO ~� \ A O A 3D � A r. (D J to to_j (D CO(D (D Co Ui d Co NA OCa- 0 C JN co JUI J0 to -4 a) CDA N UIN NN WOO) a)0 CD(ON 00(D ddJ Z'Z. 0 c cu OW a-0 A- m NNO ON N-J J- UI UIN NN O W N Q W -4 co co -4 CO N(D -UI Om A OZ O 3-1 _ _ N _ N 0000 0 c 000- 0 c Q)N(O D)N -t0 W_ _-(O -406 Jm Jm0 JO CD i O W N 0 W O)03- a)03 N1atD N A N W N N(i Ci)AN m!a COJd W-4 m -W 07 -W Co N N Co N J N A J N 07-- CO- N t0- N(D (0 CO N (D CO O A ( O O 3 Q)N- D)N N(5 N N O m J- W J co J- co J co J-(O J- UIa)N U(Q1 a)(D MW --N -- _ CO-N Co- N J J N J (D O a N D) CO 07 J CO CO Co O a OD 0 co N� CO O A O O A > -.. m (I " co Q1 -EXHIBIT C ffEM$ TOTAL CQSTS UQ1M_9 OTHER SOURCES AMtZNT$ PREDEW.LOPMEW 1. Market Study 2. Me Control $500 CHDO 3. ArcnitecturBI Faabllity $6,000 $8,000 4. Other,CONSULTANT FEES $23,500 $23,600 $23,500 Total Pmdevelopmoht Cost$ $30,000 $30.000 $30,000 DEVELOPMENT 5. land Acquisition 6. SUltding Acquisition $84,000 $84,000 Supportive Housing Program $39,750 7. Sila Preparation Total Acqulsltlon Cost $84.000 $84,000 Supportive Housing Program $39,750 6. Materials 5110,000 $110.000 Supportive Housing Program $55,000 9. Labor 385,815 Sds,515 Supportive Housing Program 343,910 10. Contingency $19,000 $19,coo Supportive Housing Program $9,agl Total Construction)Rehab Cost $214,615 $214,615 Supportive Housing Program $108,601 11. Apprelsal $1,600 CH00 $1,600 12. Architect Engineer Fees $5.000 CHDO $5,000 13. Construction Management Fees $13,885 313,885 14, Clty Permits 52,500 $2,500 $2,500 15. Insurenca 18, Constructlon loan Interest 17. Property survey $2,000 CHDO $2,000 18. legal fees, $4,000 $4.000 $4,000 19. Real Estate Fees 20. Utility hook-up tees 21. Title&Recording fees $2,500 $2.500 $2,500 22. Developers fee $5,000 $5,000 Total Soft Costs $36,385 $36,385 Supportive Housing Program 319,IQ0 TOTAL DEVELOPMENT COSY 6365,000 $385.000 $565,000 COST PER HOUSING UNIT $40,555 Ractrve Account J•.I'� 1.2I f Tip SAMPLE s EXHIBIT D CITY OF FORT WORTH HOUSING DEPARTMENT SUBGRANTEE'S REQUEST FOR FUNDS WOMEN SECOND CHANCE Project Name: 621 PARKDALE Contract Date: FORT WORTH TX 76105 Contract Amount: 5200,250.00 M&C NO/DATE: G-12831 /02/29/00 Date of Request: tn't:::......::t:.:'.vml.tf.k.?:t:..:..v..:..:::t:.:::.%:;:?:2:`�':�::o::S i::�:.c�o':v.?;a�'of:G:�:::Y::?:'::t:::`:::k::k:5c:�::f:?:::��C'f:%%`::::i.'f:`::.vf:':::"J'a' :atr>vk':.krtt.k.:::.:...y..:.:,:a:...;:..m::�..:�».....::>:::tok::tt<o:.:.::to:.t✓..:.p:ttcvytvtk:>kk;:c:.,....::::to::.::t.:'n :� Cumulative MONTH OF I. CASH FLOW FOR: 1. Begining Cash Balance 2.Amounts Received: A.Program Income $0.00 B.City of Fort Worth $0.00 C. Interest Earned $0.00 3.Total Funds Available $0.00 4. Less: Expenditures 5. Total Ending Cash Balance $0.00 MONTH OF II. ESTIMATED CASH FLOW FOR: 6. Estimated Expenditures 7. Funds Needed 16-5) $0.00 8. Less Unpaid Request for Funds Previously Submitted 9. Amount of This Request 17-8) 0.00 rJ� wyt�ti:'�'ntq�a-3: sf• ?-�s ��,:`v. 3t - '<"t�`';;((�� - FFx��,f,, F `'fir a •,oz, c s Fr,Y �11N ff fCl'f.,YS..» ..,�» , tt v FkQ >y.3 �: ..:.:qtr. ,...:.. %1T ,C.K d4e6.�s�....r>.. ssa';.e•...v,S ? vt:;f r.>.�3., .vabckk ...........t.1. MARS-Purchasing MARS-Purchasing Request A. MARS INPUT:Vendor/PO Number/Requisition Number: B. Fund/Account/Center: C.Total Amount of This Request vrs.. ..�.., k.i.::.i. K�tc k?s k k t ....v....,...:�,....w:�::..F.k3'w't\ ,...�J. .... ....... «tt..:al Ka.at�mxvt€��....�twc. .:.::..:......:.::r�:.r:.�.::n.::..:;..... >�..:wttta?u:::i::i.•`.':.�f�6�`.�Y:iJ��.r.t..........v.....�...o..............................:�F:i� V I. Verification A. MARS-Purchasing: Name Signature Date B. Contract Manager: Name Signature Date C. Accounting: Name 11. Authorization A.Agency: Name Signature Date B. Mgmt&Budget Administrator: Name Signature Date C. Housing Director: Name Signature Date 0 , Page 1 ILL r 00 to CD 10 cn X N y C (D CD r�r CD w O Z3 I q .° c a < CD CD C �--. .-•• W A � N N O O Cp v l .A w W Cy p y � kA tJ �D G1 �D O d O Cn LA O O " LA O \ � O O O O O O O O CD o 0 CD v CJ O �D �l G1 rA. w w P O vi N J ON �D N O� Cl w 0 o v, v, O o u, u, o N 0 N N N N N O 0 rD J LA W N rD J Cn 0 ^ O N LA O O O O O ° 4l y' O O O O O O O O �1 C:) d h C. 0 0 0 0 0 0 Q 0 O p y 00 v 01 LA .P W F� C rA 0 0 0 0 0 0 O O pi N N N N N — — — O o o o c �"'•'i 1..� y Jvl A l 0 !fin O to Vii C CD ~ �1 to C CDy O O O O O \ A C d .i p CJ O " N -P, N V D J r? N �D C> O (-D p O O N tin O O twn o O N O O O O O O O O t 0 y n J 'J CD (D _ r N v N �J v d F-� to O O kA N L') O O � F•-1 N IA O tq O! 00 111 W ' QN W CD e* w w N \O to tJ ° n O IV — O to O O O O to O o w O O O O O O O O LA cn LI) w N w O 't3 .r tr to cn o 0 0 a o o \ \ r c w A A w w w X p -• oo LA w N N N v n Fa 0 (D W G1 W O� ►,+ to 0o tJ O to O O� O� O .0 O NO y cr 00 o C7 .b p O ., V oo pp \ \ \ \ \ r ,��' n p o w 0 00 v w 0 e• v, y o 0 0 °o °o o Oo C) G � c� \ 0 0 0 0 0 0 � N O o � w oo .A —• oo �. �.. v V .� n O —• 00 \'D 00 v 00 O° C p N O O O O O Cn O O _ to 00 •P �• �I AV to w 00 n O «_� C 00 W 00 O L1. O C) O O C) O O C) o y O O O O O O C O cr Uq =, r w CD CD 3 rn rn v, v, A .A W O (ON J w 00 N J O° O O lJl O O O Cn O s•i C• :3 O O O O O O O O CD `C EXHIBIT F Compliance with the City's Minority/Women Business Enterprise Ordinance The City has adopted a goal-oriented program for inclusion of minority and women business enterprises ("M/WBE")in City contracts through Ordinance No. 13471,as amended. The Contractor has committed to meeting a 25%"M/WBE"goal on this project. The total of the dollars budgeted in this contract for CHDO Support Fund will be used to determine the achievement of the percentage goal on the project. Compliance by the Contractor with the goal and/or procedures outlined in the Ordinance is mandatory,failure by the Contractor to comply with such procedures shall constitute a breach of this contract and shall be grounds for termination by the City. r� J EXHIBIT G CITY OF FORT WORTH HOUSING DEPARTMENT REQUEST FOR PAYMENT INVOICE Property Owner: Contractor: Address: Address: Invoice#: Pay Entity Acct Amount Requested: $0. 00 Invoice Date: Vendor #: F/A/C: Item #: 0561-91011 ************************************************************************** Contractor: I hereby request an inspection on to receive payment in the above amount. I certify that I have satisfactorily accomplished the necessary work to justify this request and that all bills incurred for the labor used and material furnished in making of said improvements have been paid in full to this date. Contractor' s Signature: Date: ************************************************************************** Housing: I/We hereby agree that the work stated by the contractor has been accomplished and approve payment to the contractor in accordance with the agreement, contingent upon inspection. It is understood that the actual amount disbursed will be based on the findings of that inspection. I approve payment in the amount of $ 0. 00 Housing Program Manager Signature: Date: ************************************************************************** Inspection conducted by: I hereby certify that all work is completed as indicated on the contractor' s Request for Funds. Signature: Date: , 2000 ************************************************************************** Amount $0. 00 Retainage: $0. 00 LS u U CSI 1, 0 City of Fort Worth, Texas "ayor And Council Comm DATE REFERENCE NUMBER LOG NAME PAGE 2/29/00 G-12831 05CHANCE 1 of 2 SUBJECT FUNDING FOR WOMEN'S SECOND CHANCE, INC. TRANSITIONAL HOUSING DEVELOPMENT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Reallocate $200,250 from Fiscal Year 97 HOME funds to the Women's Second Chance Parkdale Avenue Transitional Housing Project; and 2. Execute a contract with Women's Second Chance, Inc. in the amount of $200,250 to develop the Women's Second Chance Parkdale Avenue Housing Development; and 3. Amend the contract, if necessary, to achieve project goals provided the amendment is in compliance with applicable laws and regulations; and 4,. Amend the City's 1999-2000 Consolidated Action Plan to include the $200,250 allocation to the Women's Second Chance Parkdale Avenue Housing Development. DISCUSSION: Women's Second Chance, Inc. (WSC) is a private nonprofit community based organization, certified by the City of Fort Worth as a Community Housing Development Organization on April 25, 1996. Since then, WSC has provided transitional housing with supportive services for homeless women with children. WSC works collaboratively with several social service agencies, churches, neighborhood groups, businesses, foundations, the Texas Workforce Commission, Tarrant County and the City to provide transitional housing, job training and placement, counseling, day care, and information and referrals to homeless women with children. This program received the Golden Rule Award from J.C. Penney in 1998. Felicia Alexander-Jordan, WSC's Executive Director, was one of the recipients of the 1999 Fort Worth Human Relations Awards presented by the City of Fort Worth Human Relations Commission, primarily for her leadership of this program. WSC proposes to purchase a nine, one-bedroom apartment complex on 708-714 Parkdale Avenue, located directly across the street from its current facility. WSC intends to rehabilitate the buildings to increase the number of homeless families it now serves. Transitional housing with supportive services for women with children is among the priority need identified in the City's Continuum of Care Plan for the, Homeless and the Consolidated Plan approved by the City Council. The recent Survey on 'Homelessness, conducted by the Tarrant County Homeless Coalition, indicates that the number of homeless families with children increased by 10%-20% between 1994 and 1998. City of Fort Worth, Texas "avow and C ouncil Communication DATE REFERENCE NUMBER LOG NAME TFA 2/29/00 G-12831 05CHANCE 2 of 2 SUBJECT FUNDING FOR WOMEN'S SECOND CHANCE, INC. TRANSITIONAL HOUSING DEVELOPMENT WSC was awarded a three-year grant totaling $524,312 from the Department of Housing and Urban Development (HUD) Supportive Housing Program for the development and operation of the Parkdale Avenue project. This includes a total of $164,750 for the acquisition and rehabilitation of the property, $287,562 for operating expenses and $72,000 for supportive services over the three-year period. WSC currently receives rental subsidy for its clients from the Texas Workforce Commission and the Tarrant County Community Development Division (TCCDD). WSC has been assured of rental subsidies for the new project from the TCCDD. The total estimated cost of acquisition and rehabilitation of the property is $365,000. The HUD grant will provide $39,750 to acquire the property and $125,000 for rehabilitation, for a total of $164,750. This leaves a shortfall of $200,250 for acquisition and rehabilitation. WSC is requesting that the City ' cover this shortfall and provide the local match, which is required by the HUD grant. After reviewing the projected development budget, and the five-year operating budget and cash flow, staff recommends that WSC be awarded a loan of $200,250 to be paid over a three-year period from the date of completion of rehabilitation, at an annual rate of interest of 1.5%. The WSC Parkdale Avenue project is located in COUNCIL DISTRICT 8. The Safety and Community Development Committee approved this recommendation at its February 8, 2000 meeting. FISCAL INFORMATION/CERTIFICATION: 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:j Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) 1)GR76 539120 005206095370 $ 1,552.00 Libby Watson 6183 1)GR76 539120 005206107160 $ 300.00 APMOVE0 Originating Department Head: 1)GR76 539120 005206113200 $198,398.00 CITY COUNCIL Jerome Walker 7537 (from) FFR 29 2000 Additional Information Contact: 1)GR76 539120 005206095020 $ 1,552.00 1)GR76 539120 005206107020 $ 300.00 1)GR76 539120 005206113020 $198,398.00 city sommarr d am 2)GR76 539120 00520695370 $ 1,552.00 City of tort Wank 76 e 2)GR76 539120 005206107160 $ 300.00 Jerome Walker 7537 2)GR76 1 539120 005206113200 $198,398.00