HomeMy WebLinkAboutContract 28111 CITY SECRETARY `_1
STATE OF TEXAS § CONTRACT t4O
COUNTY OF TARRANT §
THIS contract is made and entered into by and between the City of Fort Worth ("City"),
acting by and through Reid Rector, its duly authorized Assistant City Manager, and United
Riverside Rebuilding Corporation("Contractor"), by and through George Hill, its duly authorized
President. Contractor's business address is 201 S. Sylvania Ave., Fort Worth, Texas 76105.
WHEREAS, the City of Fort Worth ("City") has received a grant from the United States
Department of Housing and Urban Development ("HUD") through the Home Investment
Partnerships Program ("HOME"), Program No. M-01-MC-48-0204, 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
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WHEREAS, Contractor, 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 moderate income persons; and
WHEREAS, the citizens and the City Council of Fort Worth have determined that the
development of safe, decent and affordable housing is needed for moderate, low and very low
income citizens of Fort Worth;
NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH:
1. GENERAL PROVISIONS
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The express purpose of this contract is to provide Contractor with HOME funds not to
exceed FlFTY-.NTT\T. THOUSANTD FA,_E HLN,, DR-ED DOLLARS and No/100 (559,500,00) in
accordance with -Exhibit A - Program Summary".
The amount of FIFTY-NINE THOUSAND FIVE HUNDRED DOLLARS and No/100
($59.500.00) is designated as "Program Funds", and may be used for pr development and soft
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costs for the URRC senior housing project. The objective of this contract is to assist the
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Contractor in the payment of predevelopment and soft costs during the development of the
LTRRC senior housing project that qualifies as eligible costs under HOME Program guidelines.
The City hereby certifies that Contractor is a Community Housing Development
Organization (CHDO) and acts as a housing developer as defined by HUD.
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,
including Subpart F, and applicable City Codes and regulations.
2. Duration
The term of this Contract begins on the date of final execution by all parties and
terminates exactly 365 days thereafter, with one one-year renewal at City's option. All terms and
conditions of the Contract remain in effect through the renewal period. If Contractor wishes to
renew, Contractor must submit a written request for renewal to City at least 60 days prior to the
termination date hereof, with Contractor's anticipated budget, goals and objectives for the
renewal period. City is under no obligation to grant the request for renewal and any renewal
granted must be in the form of a written amendment to the Contract and approved by the City
Manager.
3. Independent Contractor
Contractor shall operate hereunder as an independent contractor and not as an officer,
agent, servant or employee of the 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 invitees. The doctrine of respondeat superior shall not apply as between City and Contractor,
its officers, members, agents, servants, employees, subcontractors, program participants,
licensees or invitees, 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,
employles, subcontractors, program participants, licensees or invitees.
City shall in no way nor under any circumstances be responsible for any property
belonging to Contractor, its officers, members, agents, employees, subcontractors, program
participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged;
and Contractor hereby indem.nifies and holds harmless City and its officers, agents, and
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employees from and against any and all claims or suits.
4. Termination.
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 par-ties.
The parties acknowledge that HOME funds paid hereunder are intended to provide only
partial funding for Contractor's program operations. If non-HOME funds to implement the
program are not forthcoming to the Contractor during the contract term, the City may terminate
this contract.
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 breach,
and if the breach is deemed to be material, Contractor shall have a reasonable time to cure the
breach. If the Contractor fails to cure the breach within a reasonable time, not to exceed (60)
days, this contract shall automatically terminate.
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.
5. Venue
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.
6. Written Instrument is Entire Agreement
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.
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,
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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.
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, which purports to vary the terms of this contract,
shall be void. Any amendments to the terms of this contract must be in writing and must be
approved by each party to this contract.
The paragraph headings contained herein are for convenience in reference to this contract
and are not intended to define or to limit the scope of any provision of this contract.
7. DUTIES AND RESPONSIBILITIES OF CITY
A. Disbursement of Funds
The City will furnish federal giant funds, (HUD HOME Investment Partnerships Program
No. M-01-MC-48-0204) for use as stated herein. The City will monitor the use of such funds to
ensure appropriate use of the funds. Funds shall be disbursed after execution of this contract and
compliance with the provisions therein. Disbursements from the HOME account for actual
acquisition, construction, and/or sale will not be made until actually needed for payment.
Payment of expenses will require completion of a "Request For Funds" form (Attachment 1),
and a copy of supporting documents.
B. Amount of Funds
It is agreed that the total distribution of federal giant funds made available to or paid on
behalf of Contractor, during the term of this contract shall not exceed the total sum of FIFTY-
,NINE THOUSAND FIVE HUNDRED DOLLARS and No/100 ($59,500.00).
Contractor will use the TWENTY-THREE THOUSAND DOLLARS and No/100
(S23,000.00) for predevellopment costs and THIRTY-SL X THOUSAND FIVE HUTNIDRED
DOLLARS and No'1100 ($36,500) for soft costs for the UTRRC senior housing project in
accordance with Exhibit B - "Program Budget",
8, DUTIES AND RESPONS1131LITIES OF CONTRACTOR
A. Statement of Work, Budget and Time Line for Goals and Ex enditures
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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. 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 predevelopment and soft costs are
described more specifically in Exhibit B.
By the end of the contract period, the Contractor shall complete or submit evidence of the
following:
a) Board Resolution(s) or minutes approving CHDO geographic boundaries for housing
programs
b) Evidence of control of the site(s) of the proposed housing project, e.g., option to buy,
title, etc.
C) Evidence of appropriate zoning of the site for the proposed housing project.
d) Marketing study
e) Development budget
f) Housing plans and specified
g) Written construction quote from the builder
h) Qualifications and track record of proposed builder(s) and other subcontractors, including
proof of insurance and workers' comp coverage
1) Letter of commitment from any permanent financing lender
j) Profonna for the first five years
k) Supportive services and providers
1) Plans for marketing and outreach, qualifications and intake of renters
m) Compliance with terms of affordability
n) Compliance with other specific HUD requirements for the proposed neighborhood and
site standards for new multi-family project, etc.
Contractor understands that this contract does not bind the City to provide
subsequent HOME project funds to Contractor. The funds the subject of this contract are
provided with the understanding that Contractor will submit an application for HOME
project funding within a twenty-four month period from the date of this Contract through
HOME-funded programs available at the time of the application. Funding, of the
application for project funds will be conditioned upon the availability of funds at the time
of application, quality of the request, and the applicability of the funding request to
existing HOME funded programs.
B. Budget
Contractor agrees that the HOME funds will be expended in accordance with the
projected Program Budget in Exhibit B attached hereto and incorporated for all purposes. Under
no circumstances shall the total amount of program funds expended by Contractor from funds
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paid by the City exceed FIFTY-NJNE THOUSAND FIVE HUNDRED DOLLARS and No/100
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($59,500.00).
C. Time Line for Goals and Expenditures
Contractor shall work in accordance with the schedule in the Program Implementation
Timeline in Exhibit C and ensure that program goals and expenditures correspond with the
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completion of the Program.
D. Reversion of Assets
Contractor agrees to return to the City any HOME funds remaining, on hand at the end 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 HOME account in accordance with Sections 92.503(b) and 92.504(c)(3) of the HOME
regulations.
E. Accounting, Records and Reports
Contractor will establish and maintain an accounting system using uniform and
established principles of standard accounting in accordance with OMB Circular A-122, "Cost
Principles for Non-Profit Organizations", for the documenting and controlling the expenditure of
HOME funds used in the pursuit of Program objectives to be performed in this contract.
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
CONTRACTOR ("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.
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 arnaunt of
goods and senrices 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 unifomily and consistently under the accounting system established by Contractor for
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these purposes.
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.
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
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.
a. annual income and size of the household of which the client is a
member;
b. 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;
C. whether the head of the client's household is male or female; and
d. additional statistical information as may be required by HUD
regulations and any amendments thereto.
Contractor will keep on file the following information and documentation on each
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individual project:
a. proof that the project meets the applicable property standards;
b. the per unit amount of HOME dollars invested;
C, the Compliance with the affi rmative marketing requirements and
existence of acceptable procedures-,
d. compliance with relocation requirements',
e, minority and female owned business data, and affirmative fair
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housing actions;
f compliance with lead based paint and Davis-Bacon requirements;
and
9, compliance with conflict of interest rules.
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:
a. progress toward goal achievement; and
b. expenditure detail.
c. Reports shall be submitted in the format specified by City.
H. Cost Principles
Contractor shall comply with the requirements and standards of OMB Circular A-122,
"Cost Principles for Non-Profit Organizations".
All non-federal entities that expend $300,000 or more in federal funds within one year,
regardless of the source of the Federal award, must submit to the City an annual audit prepared in
accordance with CFR part 84 generally, with specific reference to OMB Circulars A-128 and 133
as appropriate. The audit must be prepared by an independent certified public accountant, be
completed within twelve (12) months following the end of the period being audited and be
submitted to City within thirty(30) days of its completion. Costs of preparation of the audit may
be an allowable expenditure of federal funds in an amount proportional to that of the federal
funds used in Contractor's total agency operating budget. Non-federal entities that expend less
than $300,000 a year in federal funds are exempt from Federal audit requirements for that year,
but records must be available for review or audit by appropriate officials of the Federal agency,
pass-through entity (City), and General Accounting Office (GAO). (Exhibit D-Independent
Audit Requirement).
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 fifteen
(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).
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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.
I. Monitor Effectiveness of Services and Work
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.
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.
Contractor agrees to likewise monitor the effectiveness of the services and work to be
performed by its subcontractors.
I Compliance with All Applicable Laws and Regulations
Federal
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:
Title VI of Civil Rights Act of 1964 (42 USC 2000d et seq)
Title VIII of Civil Rights Act of 1968 (42 USC 3601 et seq)
Executive Orders 11063, 112146, as amended by 11375 and as supplemented by
Department of Labor regulations (41 CFR, Part 60)
Section 504 of the Rehabilitation Act of 1973 (29 USC 794)
The Age Discrimination Act of 1975 (42 USC 6101 et seq)
National Environmental Policy Act of 1969 (-NT-PA) and the related authorities
listed ITUD's i- le menting regulations (24 CFR Part 58)
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L-nmig-ration Reforin 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
Housing and Community Development Act of 1987 (Pub. L. 100-2242, 101 Stat.
1815, as amended)
The Americans with Disabilities Act of 1990 (42 USC 12 101 et seq:)
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National Affordable Housin-Act of 1990
The Drug Free Workplace Act of 1988 (24 CFR part 23, subpart F)
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC
1701
As the work performed under this contract is on a project assisted under a program
providing direct federal financial assistance from the 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:
1. That, to the greatest extent feasible, opportunities for training and
employment be given to lower income residents of the project area, and
2. That, to the greatest extent feasible, contracts for work in connection with
the project be awarded to business concerns which are located in or owned in
substantial part by persons residing in the area of the project.
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 impediment, which would prevent it from complying with the
requirements.
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 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.
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, CFR135.
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 a subcontract unless the subcontractor has first provided Contractor
with a preliminary statement of ability to comply with the requirements of these
regulations.
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City and Contractor understand and agree that compliance with the provisions of
Section 3, the regulations set forth in 214 CFR 135, and all applicable rules and orders of
the Department issued thereunder prior to the execution of this contract shall be a
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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.
Clean Air Act; Clean Water Act; Environmental Protection Agency (EPA) Acts
and Regulations
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 a nonexempt transaction, shall require
each subcontractor to agree to the following requirements:
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;
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;
I 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;
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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.
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
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Act or the Clean Water Act.
K. Other Laws
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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.
13. Prohibition Against Discrimination
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,
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subcontractors or program participants to engage in such discrimination.
During the performance of this contract Contractor agrees, and will require all its
subcontractors to agree, as follows:
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.
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Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
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.
In accordance with the policy of the Executive Branch of the federal govern . ent,
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 to s,
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.
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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.
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.
This agreement is made and entered into with reference specifically to the ordinances
codified at Chapter 17, Article Ell, 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 under the terms of such ordinances by either the Contractor or its officers,
members, agents, employees or subcontractors.
14. Prohibition Against Interest
No member, officer or employee of City or its designees or agents; no member of the
governing body of the locality in which the Program is situated; and no other public official of
such locality or localities, who exercises any functions or responsibilities with respect to the
program funded hereunder during his tenure or for one (1) year thereafter, shall have any interest,
direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be
performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language
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prohibiting such interest in all contracts and subcontracts hereunder.
No officer, employee, member or prograra 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 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 void able by the City of Fort Worth.
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No officer, employee, agent, consultant, elected official or appointed official of the
participating jurisdiction, Contractor or its subcontractors who exercised any functions or
responsibilities with respect to activities assisted with HOME funds or who are in a position to
participate in a decision making process or gain inside information with regard to these activities,
may obtain a financial interest or benefit from a HOME assisted activity, or have an interest in
any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either
for themselves or those with whom they have family or business ties, during their tenure or for
one (1) year thereafter.
15. Minoritv and Women Business Enterprise Commitment
Contractor agrees to abide by the City of Fort Worth's policy to involve minority and
women disadvantaged business enterprises (MVvTBEs) 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 farther require all persons or
entities with whom it contracts to comply with said Policy.
16. Assignment
Contractor shall not assign all or any part of its rights, privileges, or duties under this
contract without the prior written approval of City. Any attempted assignment of same without
approval shall be void, and shall constitute a breach of this contract. It is agreed that the City has
the right to inspect and approve in writing any proposed subcontracts between Contractor and
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any subcontractor engaged in any activity in conjunction with this HOME funded project prior to
any charges being incurred.
17. Indemnity and Bonding
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 andlor the operations, activities and services of the Program described herein,
whether or not caused, in whole or in part, bv alleged neggligence of officers, agents-
servants, emplovees, contractors or subcontractors of 011; 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 andilor personal i Jury 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 nonperfortnance of this
Page 14
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.
Contractor will maintain a blanket fidelity coverage in the form of insurance or bond in
the amount of Ten Thousand Dollars ($10,000), 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.
17. Waiver of Immunity
If Contractor, as a charitable or nonprofit organization, has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury, including
death, to persons or property, Contractor hereby expressly waives its rights to plead defensively
such immunity or exemption as against City. This section shall not be construed to affect a
governmental entity's immunities under constitutional, statutory or common law.
18. Insurance Requirements
Commercial General Liability(CGL) Insurance
$500,000 each occurrence
$1,000,000 aggregate limit
Business Automobile Liability Insurance
$1,000,000 each accident on a combined single-limit basis, or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
$2,000,000 Aggregate
Insurance policy shall be endorsed to cover"Any Auto"
Pending availability of the following coverage, and at the discretion of the Contractor, the
I
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.
Workers' Compensation Insurance
Page 15
Part A: Statutory Limits
Part B: Employer's Liability
$100,000 each accident
$100,000 disease-each employee
$500,000 disease-policy limit
Note: Such insurance shall cover employees performing work on any and all
projects including but not limited to construction, demolition, rehabilitation.
Coverages 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 subcontractor for each applicable subcontract.
Directors and Officers Insurance
Optional (Highly Recommended)
Note: This insurance shall cover the Contractor and any associated Board of
Directors members.
Additional Requirements
Such insurance amounts shall be revised upward at City's option and that Contractor shall
revise such amounts within (30) 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 provided
hereunder.
Each insurance policy shall be endorsed to provide City with a minimum sixty(60) days
notice of cancellation, non-renewal, and/or material change in policy terms or coverage.
Insurance policies required herein shall be endorsed to include the City of Fort Worth as
an additional insured as its interest may appear. Additional insured parties shall include
employees, officers, agents, and volunteers of the City of Fort Worth.
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 oche rise eligible and authorized to do 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 AXII or other equivalent insurance industry standard rating otherwise approved by the
City of Fort Worth.
Page 16
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 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 interest may appear) on their respective insurance
policies.
Contractor shall require its subcontractors to maintain builders risk insurance at the limit
of applicable project(s) costs when the value of materials involved exceeds $10,000 or at a
different limit value as specified by the City of Fort Worth.
19. Certification Regarding Lobb3jn
The undersigned representative of Contractor hereby certifies, to the best of his or her
knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of
Contractor, to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of Congress 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.
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 Lobb-ying," in accordance with its instructions,
The Contractor shall require that the language of this certification be included in all
Z�
subcontracts or agreements involving the expenditure of federal funds.
Page 17
IN WITNESS WHEREOF, the parties hereto have executed four copies of this contract in
Fort Worth, Tarrant County, Texas, this day of ' 2002.
ATTEST: CITY OF FORT WORTH
Z" A
By:_
,City Seop-l-t-ary Reid Rector
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
f (-4 V-1
J
Contract Authorization
vv
Asst.k4ty Attorney
UNITED RIVERSIDE REBUILDING CORPORATION
fly,
By:
George Hil President
Page 1 8
STATE OF TEXAS §
COUNTY OF TARR-ANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Reid Rector, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the
City of Fort Worth and that he executed the same as the act of said City of Fort Worth for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2002.
V
O N NES A"
NOTARY PUBLIC
Notary Public in and for the State of Texas
State of Texas
omm,Exp.03-3111-2005
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas
on this day personally appeared George Hill, 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
United Riverside Rebuilding Corporation and that he executed the same as the act of said United
Riverside Rebuilding Corporation for the purposes and consideration therein expressed and in the
capacity therein stated as its duly authorized officer or representative.
-W R MY HAND AND SEAL OF OFFICE this day of
2002.
T /lyl,
No aTy Public in and for the State of Texas
MARS
NORMA 1,
N&M ptbric
state of Texm
MV comnasior.bq*m
Navember 6,2004
Page 19
.`
v
PROGRAM SUNIMARY
PROGRAM TITLE
UNITED RIVERSIDE REBUILDING CORPORATION -PROGRAM FUNDS
2000&2001 HOME
Predevelopment Costs $23,000.00
Soft Costs $36,50000
TOTAL $36,50000 $23,000.00 $59,500.00
The United Riverside Rebuilding Corporation (URRC)will use the funds granted by contract
for predevelopment and soft costs to develop a 50-unit senior housing project on Retta and
Van Horn in the Riverside Model Blocks area.
The contract period begins on the date of execution and ends twelve months thereafter.
The contract may be extended for a one year term.
PROGRAM OBJECTIVES:
To provide for the payment of predevelopment and soft costs for the development of the
senior housing project that qualifies as eligible costs.
PROGRAM MEASURES:
By the end of the contract period, Contractor shall submit evidence of the following:
Board Resolution approving CHDO boundaries
Evidence of site control of the proposed housing project
Evidence of appropriate zoning
Marketing study
Development budget
Housing plans
EXHIBIT B
PROGRAM BUDGET
CHDO PREDEVELOPMENT COSTS
United Riverside Market Study $5,500
Rebuilding Corporation Environmental Report $2,500
Acquisition $2,000
Legal Fees $7,000
Permits $3,000
Architect Fees $3,000
$23,000
AHQF SOFT COSTS
United Riverside Appraisal $7,000
Rebuilding Corporation Architect Fees $22,000
Other Fees $7,500
$36,500
TOTAL $59,500
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EXHIBIT D
INDEPENDENT AUDIT REQUIREMENT
BUSINESS/AGENCY NAME:
PROGRAM:
AMOUNT FUNDED:
Name of Independent Auditor who will perform agency audit:
(Independent Auditor)
Date audit is to perform:
(Month and Year)
The following language is a condition of your contract with the City:
C,
"In accordance with OMB Circulars A-128 and A-133,
for all contracts in the amount of$300,000 or more,
Contractor must submit to City an annual audit of its
program operations and finances, covering either its
fiscal year during which this contract is in force or
covering the period of this contract. This audit must be
prepared by an independent certified public accountant
and must be submitted within three (3) months of its
completion . Costs of preparation of this audit maybe
an allowable expenditure of federal funds in an amount
proportional to that of the federal funds used in
Contractor's total agency operating budget."
Signature
----------
Date
CITY OF FORT WORTH ATTAC11AIENT I
HOUSING DEPARYTVIENT
SUBGRANTEE'S REQUEST FOR FUNDS
.A.gency
-
Program Name:
Contract Number: Report Period:
Date of Request:
CASH BALANCE ANALYSIS FOR
1. Beginning Cash Balance
2. Amount Received:
Program Income
City of Fort Worth
Interest Earned
3. Total Funds Available(1 �2)
4. Less Expenditure(detail statement cost)
5. ENDLNG CASH BALANCE (3-4)
6. Estimated Expenditures
7. Funds Needed(6-5) $
8. Less Estimated Program Income $
9. Unpaid Request for Payment Previously Submitted $
10.Amount of This Request(7-8 &9) $
I. MARS-Purchasing Request
A. MARS PN-PUT: Vendor/PO Number/Requisition Number
B. Fund/Account/Center
C. Total Amount of this Request
1. Verification
A. Model Blocks Planner:
B. Contract Manager:
C. Accounting:
2. Authorization
A. Agency:
B. Mgmt&Budget
Administrator
Housing Director
W 01VEF V,506M,
CITY OF FORT WORTH ATTACHMENT H
HOUSING DEPARTMENT
MA1N--kGEMENT-AND BUDGET DIVISION
DETAIL, STATEMENT OF COSTS
CON-TRACT NO. DATE
AGENCY
TO
PROGRAM REPORT PERIOD
PROGRAM MONTHLY CUMULATTVE
COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE
PERSONAL SERVICES
Salaries 516010
FICA 518010
Life Insurance 518050
Health Insurance 518060
Unemployment-Federal 518090
Unemployment Tax-State 518090
Worker's Comp 518040
Retirement 518070
ISUPPLIES
Office Supplies 521010
Postage 521020
ITeaching Aids 522030
Wood Supplies 522030
Other Operatin Supplies 523300
C
CONTRACTUAL SERVICES
Telephone 1 535040
T
Electric 535020 1 1
Gas(Utility) 535010
Water/Waste Disposal 535030
Rent(Building) 537010
Custodial Services 539220
Office Equipment Rental 1 537030
Printing 1 533030
Repairs 1 53600
Fidelitv Bond 5381-10
Liability Insurance 534020
Le al&Accounting 538060
Private Auto Allowance-Local 532130
Advertising 533010
Conferences&Seminars 531180
Contractual Services 1 539120 1
Indirect Cost 517010
CAPITAL OUTLAY
Fumiture,Fixtures 54t 133y0;;
Sub-Contractors Cert-1-cation- I certify=that the costs incurred are taken from the boolu of accounts and that such costs are valid
and cons;stent with the terms of the agreement.
INANIF and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
CITY OF FORT WORTH ATTACH MENT III
HOUSLN G DEPARTMENT
ivLMNAGEINIENT AND BUDGET DIVISION
EXPENDITURES WORKSHEET
CO.NlrP-A,CrN, O. DATE
AGENCY
TO
PROC-PAINI REPORT PERIOD
CHECK
INO.1 DATE
PAYEE DESCRIPTION ACCOUNT NO. AMOUNT
2
3
4
5
6
7
9
10
11
12
13
14
15
16
17
is
19
20
21
22
,5
TOT.A-_L
Sub-Contractors Certification, I certify-that the costs inc=ed are taken.from the books of accou-tits aid Iffiat such costs are vallid
and consistent with the terms or the agreement,
_Nzk_xlE and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
10/1/02 **C_'19268 05AHDF 1 of 2
SUBJECT REALLOCATION OF HOME COMMUNITY HOUSING DEVELOPMENT ORGANIZATION
AND AFFORDABLE HOUSING DEVELOPMENT FUNDS, AND CONTRACT WITH
I UNITED RIVERSIDE REBUILDING CORPORATION
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the reallocation of $59,500 in Home Investment Partnerships Program (HOME) funds to
United Riverside Rebuilding Corporation (URRC) for its proposed senior housing project, as follows:
a) $23,000 in 2002 HOME Community Housing Development Organization (CHDO) program
funds for predevelopment costs for the senior housing project; and
b) $36,500 in 2000 and 2001 HOME Affordable Housing Development Fund (AHDF) funds for
soft costs for the URRC senior housing project; and
2. Authorize the City Manager to execute contracts with URRC, not to exceed $59,500; and
3. Authorize contract performance reviews for a period up to 12 months, to begin on the date of contract
execution; and
4. Authorize the City Manager to amend the contracts, if necessary, to achieve project goals, provided
that the amendment is within the scope of the project and in compliance with applicable laws and
regulations.
DISCUSSION:
The HOME program is intended to be a partnership among federal, state, local government, non-profit
and for-profit agencies that build, own, manage, finance and support low-income housing initiatives.
HOME participating jurisdictions, such as the City of Fort Worth, are particularly encouraged to work
with existing community-based, non-profit housing organizations such as URRC. -
To ensure this participation, a minimum 15% of a participating jurisdictions' HOME funds must be set-
aside to be used for CHDOs, and up to 10% of such set-aside funds may be allocated for
predevelopment loans to CHDOs.
CHDOs are certified by the City of Fort Worth according to specific eligibility criteria. Commitments of
1 HOME funds must be made according to a timetable established by the U.S. Department of Housing
and Urban Development.
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER - I LOG NAME � PAGE
10/1102 **C-19268 05AHDF 2 of 2
SUBJECT REALLOCATION OF HOME COMMUNITY HOUSI NG -DEVELOPMENT-ORGANIZATION
AND AFFORDABLE HOUSING DEVELOPMENT FUNDS, AND CONTRACT WITH
UNITED RIVERSIDE REBUILDING CORPORATION
A Notice of Fund Availability was issued recently to include this year's HOME CHDO and AHDF
funding. Eligible CHDOs or sub-recipients can apply for available funding until it is depleted.
URRC was among the non-profit organizations that submitted a request for funding. URRC is a
501(c)3 tax-exempt corporation and certified by the City as a CHDO. It is the implementing arm of the
Riverside Model Blocks, and in that capacity has completed a minor home repair program (55 units),
and worked closely with the City in the improvement of Gid Hooper Park and the expansion of the
Riverside Community Center.
It has also acquired several properties for rehabilitation or new construction and resale to first time
homebuyers. URRC is working with a consultant, Hearthside Development Corporation, which
specializes in senior housing, in developing the proposed senior housing project.
Housing staff recommends the approval of the URRC's request for $59,500 to fund predevelopment
and soft costs of a 50-unit senior housing project in the Riverside Model Blocks area. This project will
be funded out of the HOME CHDO Predevelopment Loan Fund ($23,000), and the HOME AHDF
($36,500).
On September 10, 2002, the above proposal was endorsed by the Economic and Community
Development Committee for City Council approval.
URRC's proposed project is located in COUNCIL DISTRICT 8.
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 Funds.
RR:k
Submitted for City Manager's FUND 1 ACCOUNT I CENTER AMOUNT 1 CITY SECRETARY
Office bv: (to)
539120 00520677231C i --$72-3,00000 11
Reid Rector 6140 1b)GR76 1 539120 005206133310 $36,500.00
Originating Department Head
Jerome Walker 7537 (from) APPROVED 10/01/02
I a)GR76 1 539120 005206772200 $23,000.00
Additional Information contact: 1b)GR76 1 539120 1 005206133060 1 $33361500,00