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HomeMy WebLinkAboutContract 28267 STATE OF TEXAS § CONTRACT No. (P� 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 Sininian Development Inc. ("Contractor"), by and through Patricia Kennard, its duly authorized Chairperson. Contractor's business address is 1300 East Allen Avenue, Fort Worth, Texas 76104. 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-02-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 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 Purpose The express purpose of this contract is to provide Contractor with HOME funds not to exceed Fifty Thousand Dollars ($50,000.00), of which Fifty Thousand Dollars shall be used to provide funding for operating support of the Program, in accordance with "Exhibit A Program Summary". The amount of FIFTY THOUSAND DOLLARS and No/100 ($50,000.00) is designated as "Operating Funds", and may be used for administrative costs in the management of the Page 1 r AA organization. The objective of this contract is to assist the Contractor in the payment of administrative costs during the development of housing projects that qualify 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 This Contract begins on the date of execution of this contract and terminates twelve (12) months thereafter. This Contract may be extended for one (1) one-year term. In the event Contractor desires to extend the terms of this contract beyond its stated date of expiration of 12 months, it shall submit a written request for extension to the City at least 60 days prior to the current expiration date hereof and that 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. 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, employees, 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 indemnifies and holds harmless City and its officers, agents, and Page 2 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 parties. 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 tenninate 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 tennination. 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 teens 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. Page 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. 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 grant funds, (HUD HOME Investment Partnerships Program No. M-02-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 an advance of funds to cover administrative expenses will require completion of. (1) Attachment I "Request For Funds" form, (2) Attachment II"Detail Statement of Costs" and Attachment III"Expenditure Worksheet". No funds will be advanced if financial reports accounting for funds previously advanced are not received. B. Amount of Funds 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 FIFTY THOUSAND DOLLARS and No/100 ($50,000.00). Contractor will use the FIFTY THOUSAND DOLLARS and No/100 ($50,000.00) for specific administrative needs of Contractor in accordance with Exhibit B - "Program Budget". Page 4 8. DUTIES AND RESPONSIBILITIES OF CONTRACTOR A. Statement of Work, Budget and Time Line for Goals and Expenditures 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 operating expenses are described more specifically in Exhibit B. By the end of the contract period, the Contractor shall complete or submit evidence of the following as specified in Exhibit A: CAPACITY BUILDING ACTITIVES a) Board Training b) Development of Financial Management System C) Development of Computerized Accounting System d) Development of Recordkeeping System e) Development of Personnel Policies and Procedures f) Staff Training—completion of Building HOME, Basically CDBG and attend at least two (2) Housing Development Training Seminars g) Development of a Strategic Plan h) Development of a Business Plan i) Successfully leverage additional operating funds DEVELOPMENT ACTIVITIES j) Evidence of control of the site(s) of the proposed housing project, e.g., option to buy, title, etc. k) Property appraisal 1) Evidence of appropriate zoning of the site for the proposed housing project. m) Development budget n) Housing plans and specifications o) Written construction quote from the builder P) Qualifications and track record of proposed builder(s) and other subcontractors, including proof of insurance and workers' comp coverage q) Letter of commitment from any permanent financing lender(s) r) Marketing and Outreach Plan 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 Page 5 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 paid by the City exceed Fifty Thousand dollars and no/100 ($50,000.00). The funds from the City may be spent only to pay for actual expenses for program administration. 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 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. Page 6 Contractor will only use HOME funds received to defray expenditures which are: (1) made in conformance with the specified purposes set out in Exhibit A and all other provisions of this Contract; (2) necessary to accomplish the Program objectives; (3) reasonable in amount of goods and services purchased; (4) actual net costs to the Contractor (i.e., the price paid minus any refunds, rebates, discounts or any other items of value received by Contractor that have the effect of reducing the cost actually incurred) (5) incurred after execution of this Contract unless specific authorization from the City to the contrary is received; (6) satisfactorily documented; and (7) treated uniformly and consistently under the accounting system established by Contractor for these purposes. 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. e. Contractor will keep on file the following information and documentation on each individual project: Page 7 f. proof that the project meets the applicable property standards; g. the per unit amount of HOME dollars invested; h. the compliance with the affirmative marketing requirements and existence of acceptable procedures; i. compliance with relocation requirements; j. minority and female owned business data, and affirmative fair housing actions; k. compliance with lead based paint and Davis-Bacon requirements; and 1. 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-Attachment IV; and b. Expenditure detail-Attachments I,II and III; C. Reports shall be submitted in the format specified by City. F. 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, Page 8 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). 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. G. 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. H. 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, 11246, as amended by 11375 and as supplemented by Page 9 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 (NEPA) and the related authorities listed HUD's implementing regulations (24 CFR Part 58) 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 Housing and Community Development Act of 1987 (Pub. L. 100-242, 101 Stat. 1815, as amended) The Americans with Disabilities Act of 1990 (42 USC 12101 et seq) National Affordable Housing 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 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 Page 10 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 any subcontract unless the subcontractor has first provided Contractor with a preliminary statement of ability to comply with the requirements of these regulations. 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. 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; 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; Page 11 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 Act or the Clean Water Act. I. Other Laws 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. 9. 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, 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. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Page 12 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 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. 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 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 under the terms of such ordinances by either the Contractor or its officers, members, agents, employees or subcontractors. 10. 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, Page 13 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. No officer, employee, member or program participant of Contractor or its subcontractors shall have a financial interest, direct or indirect, in this contract or the monies transferred hereunder or be financially interested, directly or indirectly, in the sale to Contractor of any land, materials, supplies or services purchased with any funds transferred hereunder, except on behalf of Contractor, as an officer, employee, member or program participant. Any willful violation of this paragraph with the knowledge, expressed or implied, of Contractor or its subcontractors shall render this contract void able by the City of Fort Worth. 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. 11. Minority 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 (MWBEs) in all phases of its procurement practices and to provide them equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by City. Therefore, Contractor agrees to incorporate City Ordinance No. 11923, and all amendments or successor policies thereto, into all contracts and will further require all persons or entities with whom it contracts to comply with said Policy. 12. 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 any subcontractor engaged in any activity in conjunction with this HOME funded project prior to any charges being incurred. Page 14 13. 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 and/or the operations, activities and services of the Program described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City; and Contractor hereby assumes all liability and responsibility of City and its officers, agents, servants, and employees for any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement and/or the operations, activities and services of the programs described herein, whether or not caused in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City. Contractor likewise covenants and agrees to and does hereby indemnify and hold City harmless from and against any and all injury, damage or destruction of property of City, arising out of or in connection with all acts or omissions of Contractor, its officers, members, agents, employees, subcontractors, invitees, licensees, or program participants, or caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City. Contractor will maintain a blanket fidelity coverage in the form of insurance or bond in the amount of Thirty Thousand dollars ($30,000), to insure against loss from the fraud, theft, or dishonesty of any of Contractor's officers, agents, trustees, directors, or employees. The proceeds of such bond shall be used to reimburse City for any and all loss of HOME monies occasioned by such misconduct. To effectuate such reimbursement, such bond shall include a rider stating that reimbursement for any loss or losses thereunder shall be made directly to City for the uses and benefit of Contractor. 14. 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. Page 15 15. 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 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 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, and 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 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 provided hereunder. Page 16 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 otherwise 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 A: VII or other equivalent insurance industry standard rating 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 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. Page 17 16. Certification Regarding Lobb3 ing 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 Lobbying,"in accordance with its instructions. The Contractor shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of federal funds. Page 18 IN WITNESS WHEREOF, the parties �}ereto have executed four copies of this contract in Fort Worth, Tarrant County, Texas, this f g�--n day of , �.�,t?';6(,,,r , 2002. ATTEST: CITY OF FORT WORTH By: c'�C� IA' r City Secretary Reid Rector Assistant City Manager APPROVED AS TO FORM AND LEGALITY: �,- 19 3a� '4 -4 1 a/Z Contract Authorization Asst. C4 Attorney 1 t I L) Y Date SININIAN DEVELOPMENT INC. By: Patricia Kennard, Cha' erson Page 19 f � 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 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 ¢�►�.Lc e , 2002. 2 'p a ROSELLA BARNES NOTARY PUBLIC g,I* State of Texas Notary Public in and for the State of Texas Comm.Exp.03-31-2005 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 Patricia Kennard, 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 Sininian Development Inc. and that she executed the same as the act of said Sininian Development Inc. for the purposes and consideration therein expressed and in the capacity therein stated as its duly authorized officer or representative. GIVEN(1UND�ER MY HAND AND SEAL O OFFICE t � day of V�-�.r' _' 2002. v WILLIAM ROLLINS JR. "" Notary Public in and for the State of T as Notary Public * * STATE OF TEXAS R Page 20 EXHIBITS AND ATTACHMENTS EXHIBIT A-Program Summary EXHIBIT B-Program Budget EXHIBIT C-Program Implementation Timeline EXHIBIT D-Independent Audit Requirement ATTACHMENT I---- Request For Funds ATTACHMENT II----Detail Statement of Cost ATTACHMENT III---Expenditure Worksheet ATTACHMENT IV---Monthly Narrative Report EXHIBIT A PROGRAM SUMMARY PROGRAM TITLE SININIAN DEVELOPMENT INC. 2002 HOME-CHDO PERSONAL SERVICES $0 SUPPLIES $0.00 CONTRACTUAL SERVICES(SUPPORT FUNDS) $50,000.00 CAPITAL OUTLAY $0.00 TOTAL $50,000.00 Approved Positions DESCRIPTION: Sininian Development Inc.is a Community Housing Development Organization certified to develop housing projects affordable to very-low and low income persons. The performance period will begin on the date of contract execution and end twelve months thereafter. PROGRAM OBJECTIVES: To identify a project and properties to acquire or develop to provide affordable housing for very-low and low income households. PROGRAM MEASURES Completion or Submission of: CAPACITY BUILDING Board Training Develop Financial Management System Develop Computerized Accounting System Develop Recordkeeping System Staff Training-Building HOME, Basically CDBG and attend 2 Housing Development Seminars Develop Strategic Plan Develop Business Plan Successfully leverage additional operating funds DEVELOPMENT ACTIVITIES Evidence of site control Evidence of appropriate zoning Development budget Written construction quote from builder Qualifications and tract record of proposed builder Evidence of insurance and workers'comp for builder and other subcontractors Commitment-permanent financing lender(s) Marketing and outreach plan EXHIBIT B Sininian Development Inc. Program Operating Budget Expense Category Total CHDO CDBG Other Budget(1)* Sources (2)** 3 4 *** Personnel Services Salaries 62,951 39,864 0 23,087 FICA 5,049 3,136 0 1,913 Life Insurance N/A 0 0 0 Health Insurance 11,000 0 0 11,000 Unemployment-State 0 0 0 0 Unemployment-Federal 0 0 0 0 Workers Compensation 2,500 2,500 0 0 Retirement 0 0 0 0 Supplies 0 0 0 0 Office Supplies 500 0 0 500 Postage 500 0 0 500 Teaching Aids 0 0 0 0 Office furniture 0 0 0 0 Other 0 0 0 0 Contractual Services 0 0 0 0 Telephone 0 0 0 0 Electric 0 0 0 0 Gas 0 0 0 0 Water/Waste Disposal 0 0 0 0 Rent 12,000 0 0 12,000 Custodial Services 0 0 0 0 Copier 2,104 0 0 2,104 Other Equipment 0 0 0 0 Printing 0 0 0 0 Repairs 300 0 0 300 Fidelity Bond 2,500 2,500 0 0 Liability Insurance 2,000 2,000 0 0 Legal&Accounting Pro-bono 0 0 Pro-bono Private Auto Allowance 0 0 0 0 Conferences&Seminar 0 0 0 0 Other 0 0 0 0 TOTAL 101,404 50,000 0 51,404 *Should be the total of columns 2, 3, and 4. **CHDO budget should not exceed$50,000 or 50%of the total budget, over a 2 year period or whichever is lower. ***Indicate other funding sources in columns 4. Should equal total in Funding Source in C. o 0 -00 � O � � mza v Copp W0000 W n -i o < Q E3 C m l < < <_ m m m c m m d m m m m o a D CD d o fii m m a c 7_ < R m m = z oo ai � < < < < m � �n m 3 o � ? ^ z m m "' m m o o d c m m m m o D 7C o O o o r' o o N y ` 0 0 0 00 n N W Ll a j O = o ; C N 7 7 7 m m o > > 'C CD w 7 CD y y' u7 N ' m m W. m O 0 C7 = o 8 3 7 W co d (J N 7 °' c� QD m 7 m N m m pOO co m ° c 2 C a o m N o m D m o o G7 m e m °— p Cl) CD S T .7+ O X�777 _ < i n w y -n N cD m CD -i n N N N N n m �• 7 S m y 3 3 :3 N C m CL N 77-. 7 d A O O N N ` = cm v O cn CD CD w C, CD CL a 7 = = m O a vi m m o y y � O � Z 2 O N Z O Z -i � m A z m z = D O O z N z _ 3 m r z Z n m rn �+ O ti z z g a z < 0 Z z , O oZ , O � z m =, X x 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 be performed: (Month and Year) The following language is a condition of your contract with the City: 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 City an annual audit prepared in accordance with 24 CFR part 84 generally, with specific reference to OMB Circulars (with amendments) A-122 and A-133 as appropriate. The audit may cover either Contractor's fiscal year during which this contract is in force or cover the period of this contract. The audit must be prepared by an independent certified public accountant, be completed within (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 this audit may be an allowable expenditure of federal funds in an amount proportional to that of the federal funds used in contractor's total agency operating budget. Signature Date CITY OF FORT WORTH ATTACHMENT I HOUSING DEPARTMENT SUBGRANTEE'S REQUEST FOR FONDS Agency Program N ame: Contract Number: Report Period: Date of Request: i. 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. ENDING CASIT BALANCE (3-4) $ $ INS r 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 INPUT: Vendor/PO Number/Requisition Number ' B. Fund/Account/Center C. Total Amount of this Request 1 10 1. Verification A: Model BIocks Planner: B. Contract Manager: C. Accounting: / 2. Authorization A. Agency: B. Mgmt&Budget Administrator (Name Housing Director iF OVER S8,500.00 (1't1 CITY OF FORT WORTH ATTACHMENT II HOUSING DEPARTMENT MANAGEMENT AND BUDGET DIVISION DETAIL STATEMENT OF COSTS CONTRACT NO. DATE AGENCY TO PROGRAM REPORT PERIOD PROGRAM MONTHLY CUMULATIVE 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 51.8090 Worker's Comp 518040 Retirement 518070 SUPPLIES Office Supplies 521010 Postage 521020 Teaching Aids 522030 Food Supplies 522030 Other Operating Supplies 523300 CONTRACTUAL SERVICES ` Telephone 535040 Electric 535020 Gas(Utility) 535010 Water/Waste Disposal 535030 Rent(Building) 537010 Custodial Services 539220 Office E ui ment Rental 537030 Printing 533030 Repairs 53600 FidelityBond 538210 Liability Insurance 534020 Legal&Accounting 538060 Private Auto Allowance-Local 532130 Advertising 533010 Conferences&Seminars 531180 Contractual Services 539120 Indirect Cost 517010 CAPITAL OUTLAY Furniture,Fixtures 541330 Office Equipment 541370 Property Insurance TOTAL Sub-Contractors Certification: I certify that the costs incuired are taken from the books of accounts and that such costs are valid and consistent with the terms of the agreement. NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE CITY OF FORT WORTH ATTACHMENT III HOUSING DEPARTMENT MANAGEMENT AND BUDGET DIVISION EXPENDITURES WORKSHEET CONTRACT NO. DATE AGENCY TO PROGRAM REPORT PERIOD CHECK NO. DATE # PAYEE DESCRIPTION ACCOUNT NO. AMOUNT 1 2 3 4 5 6 7 8 9 10 ' 11 12 13 14 1.5 16 17 18 19 20 21 22 23 24 25 TOTAL Sub-Contractors Certification: I certify that the costs incurred are taken from the books of accounts and that such costs are valid and consistent with the terms of the agreement. NAME and'fITLE 0FAtJT1I R[ZhD OFFICER SIGNATURE and DATE ATTACHMENT IV MONTHLY NARRATIVE REPORT MONTH REPORTING FROM: TO: I . ACCOMPLISHMENTS II . ADDITIONAL COMMENTS REGARDING ACCOMPLISHMENTS THIS MONTH: 1II . PROBLEMS ENCOUNTERED AND SOLUTIONS PROPOSED: IV. ANTICIPATED ACTIVITIES DURING NEXT MONTH: R City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME E 11/5/02 **C-19327 05CONTRAS PAG 1 of 3 CT SUBJECT AUTHORIZE CONTRACTS WITH NEIGHBORHOOD HOUSING SERVICES OF FORT WORTH AND TARRANT COUNTY AND SININIAN DEVELOPMENT, INC. IN SUPPORT OF HOUSING INITIATIVES RECOMMENDATION: It is recommended that the City Council: 1. Authorize the reallocation and use of $312,000 for Community Housing Development Organizations (CHDOs) under the federal Home Investment Partnerships Program (HOME) Year 2002; and 2. Authorize the City Manager to execute contracts, not to exceed a combined total of $312,000 in Fiscal Year 2002 HOME funds, with the following CHDOs to implement their respective projects in the amounts of: a) $262,000 to Neighborhood Housing Services of Fort Worth and Tarrant County, Inc. (NHS) for construction of single family infill housing comprised of the following: • $212,000 in CHDO Program Funds • $50,000 in CHDO Support Funds to assist the organization with payment of operating costs; and b) $50,000 to Sininian Development, Inc. in CHDO Support Funds to assist the organization with payment of operating costs; and 3. Authorize NHS to retain the proceeds as defined by Section 92.300(a)(2) of the HOME program and in conformance with City policy; and 4. Authorize the contract performance period on both contracts to begin on the date of contract execution and end twelve months thereafter; and 5. Authorize the City Manager to extend or renew the contracts for up to one year, if the organization requests an extension; and 6. Authorize the City Manager to amend the contracts, if necessary, to achieve project goals provided that any such amendment is within the scope of the project and in compliance with applicable laws and regulations. City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 11/5/02 **C-19327 05CONTRACTS 2 of 3 SUBJECT AUTHORIZE CONTRACTS WITH NEIGHBORHOOD HOUSING SERVICES OF FORT WORTH AND TARRANT COUNTY AND SININIAN DEVELOPMENT, INC. IN SUPPORT OF HOUSING INITIATIVES DISCUSSION: The HOME program is intended to be a partnership between federal, state and local government, and non-profit and for-profit agencies who build, own, manage, finance and support low-income housing initiatives. Participating Jurisdictions (PJs) such as the City of Fort Worth are particularly encouraged to work with existing community-based, non-profit housing organizations and to help develop new housing non- profits. To ensure this participation, a minimum 15% of a PJs HOME funds must be set-aside to be used for Community Housing Development Corporations (CHDOs), and up to 5% may be set-aside to fund CHDO's operating expenses. CHDOs are certified by PJs according to specific eligibility criteria. Commitments of HOME funds must be made according to a timetable established by the U.S. Department of Housing and Urban Development (HUD). A Notice of Funding Availability for CHDO funds was issued and the NHS and Sininian proposals were received in response. Funding for both CHDOs is being recommended as follows: PROGRAM SUPPORT AGENCY SCOPE OF WORK FUNDS FUNDS NHS Infill housing construction (3 units) $212,000 $ 50,000 Sininian Development, CHDO operating expenses for $ 0 $ 50,000 Inc. development of a housing project Total $212,000 $100,000 The proposed projects of NHS are located in COUNCIL DISTRICT 5, and Sininian Development, Inc. is located in COUNCIL DISTRICT 8. On October 8, 2002, the Economic and Community Development Committee endorsed these recommendations to the City Council. f City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 11/5/02 **C-19327 05CONTRACTS 3 of 3 SUBJECT AUTHORIZE CONTRACTS WITH NEIGHBORHOOD HOUSING SERVICES OF FORT WORTH AND TARRANT COUNTY AND SININIAN DEVELOPMENT, INC. IN SUPPORT OF HOUSING INITIATIVES 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. RR:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) 1&2a)GR76 539120 005206113xxx $ 27,000.00 Reid Rector 6140 1&2a)GR76 539120 005206128xxx $ 22,123.80 Originating Department Head: 1&2a)GR76 539120 005206698xxx $ 24,007.74 1&2a)GR76 539120 005206772xxx $138,868.46 1&2a)GR76 539120 005206698xxx $ 50,000.00 1&2b)GR76 539120 005206698xxx $ 20,895.67 1&2b)GR76 539120 005206772xxx $ 29,104.33 Jerome Walker 7537 (from) APPROVED 11/05/02 1&2a)GR76 539120 005206113130 $ 27,000.00 Additional Information Contact: 1&2a)GR76 539120 005206128030 $ 22,123.80 1&2a)GR76 539120 005206698030 $ 24,007.74 1&2a)GR76 539120 005206772030 $138,868.46 1&2a)GR76 539120 005206698020 $ 50,000.00 1&2b)GR76 539120 005206698020 $ 20,895.67 Jcrome Walker 7537 1&2b)GR76 539120 005206772020 $ 29,104.33