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HomeMy WebLinkAboutContract 28111f' STATE OF TEXAS COUNTY OF TARRANT �,� CkTY �f���Fi'f�RY �' � � � co�°r��e� � . � . ..v . THI� coniract is made and entered into by at�d between the Ciiy of Fort Worth {"City"), acti.ng by and through Reid Rector, its duly autharized Asszstant City Manager, and LT�t�d Riverside Rebuilding Corporation {"Cont�ractor"), by and througla George Hi11, its duly autharized President. Can�actar's business address is 201 �. Sylva.nia Ava., Fort �7Vorth, Texas 76105. W�-IEREAS, the City of Fart Worth {"City") has zecezved a�ant from the United Sta�es Depar�ment Qf Hou.sing and Urban Development ("HUD") thraugh the Home Invesiment Parinerships Prograrn ("HOME"), Program No. M-01-MC-48-Q204, with which the City desires to promote activitxes that expand the sup�ly af affoxdable housing and the development of paxiz�erships among the City, local governments, locallenders, private industry and n�ighborhood based nonprofit housing arganizations; and WHEREAS, the primaty purpose of �lie HOME program �ursuant io the Naiional Affordable Housing Act of 1990 ("NAHA") and 24 CFR 92, ("the Regulations"} is to Uenefit Iaw azzd very low incom� citizens by providing th�m with affordable housing; and WHEREAS, Contractor, a nonprafit c�rporation �nanaged by a volunteer Board of Directors, is warking to increase the numbe:r o�' decant, affordable housing units available ta law and rxioderate income persons; and WHEREAS, the citizens and the City Council of Fart Worth have deteimined that the developm�n� of safe, decent and a.ffordable housing is needed %r mode7rate, low and very low income citizens of Fort Worth; NOW, THEREFDRE, THiS AGREEMENT FURTHER WTTNESSETH: I. GENERAL PROVISIONS P�rpose The express purpase of this cantract is ta provide Contractar wrth HOME fixn.ds not to exceed .FIFTY-NINE THOUSAND FNE HUNDRED DOLLARS and No/100 ($59,500.00} rn accorda�ce with "Exhibit A- Prograax�. Summar�'. The amount of FTFTY-NIlVE THOUSAND FIVE HUNDRED DOLLARS and No/104 ($59,500.00) is designa#e� as "Program Fur�ds", and may bc used for pxedevelopment and soft Page 1 , -- +;�'G'���uJ� �?�'�;���i��� ,a � ��'��ti�'�� � . ' --J costs for ihe U1ZRC senior housing project. The objective of this contract is ta assist the Con�eac�or in thhe payrzxent of predevelopment and soft costs during the d�velopment of the URRC senior housing project t�iat qualifies as el�gible costs under HOME Program guidelir�es. The City hereby certafies that Contractor is a Community Housing Development Organiza�ion (CHDO) ar�d acts as a housing developer as defined by HUD. The City shall aci through its agent, the City Manager, or his duly author�zed re�resentative, unless otherwise stated in this agreement. Cantractor agrees to comply wi.th the unzfarm ad.ministrative requirements contained in Sectian 92.505 of the HOME regulations, incluc�ing Subpart F, and applicable City Codes and regulations. 2. Duration The terrn of this Con�rac� begi�ns on ihe date of fznal execution by a11 parties and termi_nates exactly 365 days therea.i�er, wiih one one-year renewal at City's option. All terms and cond'ztions of the Contract remain in effect through the renewal period. If Coniractor wishes to renew, Con�ractor must submit a written request for renewal to City at Ie�st 6Q days przaz to the terrrunation date hereof, with Cant�actnr's anticipated budget, goals and abjectives for the renewal perzod. City is un�.�r no obligation to grant the request for r�newal and any renewai granted must be in �he form of a written arnendmen� to the Coniraci and approved hy the City Manager. 3. Indet�endent Caniractor Co�t�ractor shall operaie hereunder as an independent contractor anc� not as an officer, agent, servant or employee of �he City. Contractor sha11 ha�e exclusive control of, and �he exclusive ri.ght to control the details o�E the work and servi.ces pe:r�oxmed hereunder, and all persons performing saxne, atr.d shall be solely responsible %r the acts and omissions o�' its officers, members, agents, servants, emp�oyees, subconiractors, program participants, Iicensees or inviiees. The doctrine of res�ondeat superior shall not apply as between City and Contrac#or, its officers, members, agents, servanfis, employees, subcon�ractoxs, program participants, licensees or invitees, aud notlling h�r�;in sha11 be construed as cr�ating a partn�rship or joint entezprise between City and Coniractor. �t is e�ressly understood and agreed that no afficer, member, agent, �nployee, subeon�ractor, licensee or invi�tee of the Con�ractor, nar any program participant hereunder, is in the paid service of City and that City does not have the legal righ� to control the details of the tasks parformed hereunder by Contractar, its officers, members, agents, empl�yees, subcontractors, program participants, licensees or invitees. City shall in no way nar under any C1TCU1T15ta11C�5 be ie5�DI151b1e fOr any property bel.onging ta Contractox, its officers, members, agents, employees, subcoz�t�ractors, pragram participants, licensees or invitees, which may be 1ast, sto�en, destroyed or in any way damag�d; and Contractor hereby indemnifies and holds harmless Gity and its officers, agents, and Page 2 er.nployees from and against any arid all claims or suits. 4. Ternvnation. This contract may be �er�minated by the City i�n tl�e eveni �ai de�ault, inability, or failure to p'er£orm on �.e part of Con�ractor, or �c�vhene�ver su�ch terminatian is determinet� by the City to be in the City's l�es� interest. Likewise, the contract may be terminated by Contracior �f the City does not provide funds pursuant to this agreemeni. The contxact may be terminated for mutual convenience upon agreement af tiie parties. The parti�� acknowledge that HOME funds �aid hereunder are intended to provide only partial funding for Contractor's �rogram operations. If non-HOME fiinds to unplement the program are not forthcoming to the Contractor during the contract term, the City may terrr�inate this contraci. Ciiy shall notify the Contractor in `�riting of any breach af this contract, and specify a reaso�able time wi�lun which to cure the particulax breach. A£ter being notified of such breach, and if the breach is deemed io be znaterial, Can1raciar shall hav� a reasonable tune to cure the bzeach. If tlae Caniractaz' fails to cure th� breach wit�iin a reasonable time, not to exceed (60) days, this contract shall autamatically terminate. Contractor will return to City any uz�used manies previously distributed under tl�is contract within thirty (30) days o�'the effec�ve date o�' contract termination. City will have no responsibility or liability for Contractor's axpenditures or actions occurring a�ie�r tbe eff�ctive date of the eontract t�rmination. 5. Venue �hould any action, whether real or asserted, at 1aw or iz� equity, arise out of the execution, performance, attempted performance ar non-performance a� this agreement, venue for said action s�all be in Tarrant Couxrty, Te�as. 6. Written Insfirument is Entire A�xeement A11 terms of this contract shali apply to auy and all subcontractars of Contractor which are i� any way paad with HOME funds or who perform any work in connect�on with Contractor's Pragrarn. The provisions of this agreernent ar� severable, and, if far any xeason a ciause, sentence, paragraph or oiher part of this agreemeni shall be detezmi.ned to �e invalid by a caurt or federal or state agency, boaxd or comx�aisszo�a having jurisdiction over the subject rnatter thereo� such invalidity sh.all not aff'ect other provisions which can be given effect withaut the invalid provision. Page 3 The fazlu�re of the City to insist upon the per�ormance of a.za.y term or provision of this a�reenn.ent ar ta exercise any right herein conferred shall n.ot be constxued as a waiver or relinquishment to any extenfi of �he City"s rzght to assert or rely upon any such term or right on any future occasion. This written instrujnent and �.ie exk�ibits atiached hereto, rx�hich are incoxporated by refexence and made a part of this contxaci �or all purpose5, cons�itutes ihe entire contract by ihe parties hereto concerning the work and services to be performad under this contxact. Any prior or con�emporaneous oxal or written agreement, which purparts to vary the Yerms of this contract, sha.11 be void. Any amendment� �o the terms of �is contract must b� in writing and must be approved by each party #a this contract. The paragraph headings contained kerein axe £ar convenience in reference to �his coniract and are nofi intend�d to define or to limii fhe scope af any provision of this contract. 7. DUTIES AND RESPONSIBILITIES OF CITY A. Disbursemenf af Funds The Ciiy will fiunish :federal grarat funds, (HUD HOME Investment Partners�ps Program No. M-01-MC-48-Q2Q4) for use as s#ated herein. T�e Ciiy wi11 monitor the use oF such funds to ensure a�propriate us� of the funds. Funds shall be disbizrsed after execution of this contract and corrzpliance with the provisians therein. Disb�rsements from the HOME account for actual acquisition, construction, and/or sale will not be ma�e untzl acivally needed for �ayment. Payment af �xp�nses wi11 require cozn.pletio� of a"Request Fox Fund�" form (Attachment I), and a copy of supporting documents. B. .Arnount of Funds �t is agreed that the total distribution of federal grant iunds made available ta or paid on behalf of Contractor, during the term of this contxact shall not exceed the tatal sum of FIF'TY- NINE THOU�AND FIVE �-IUNDRED DOLLARS and No1100 ($59,SOO.QQ). Contractor will use the TWENTY-THREE THOUSAND DOLLAR.S and No1100 {$23,000.00) for prede�velopme�nt costs and THTRTY-SIX THOU�AND FNE HUNDRED DOLLARS and No/100 ($3b,540) for soft costs for the URRC senior housing praject in accordance with Exhibit B-"Program Budget". 8. DUTIES AND RESPONSIBILITIES OF CONTRACTOR A. Statex,�ent of Work, Bud�et and Time Line for Goals and Expen.ditures Page 4 Cantractar wil� utilize HOME funds pxovided uz�.der this cantract to assist certain of its operating axpenses to promote the development o�' Contractar and its efforts to produce affordable housing for low and very-low income families. HOME funds may only be used to provide Con�raciar funding for activities which are eligible and allowable e�penditures pursuant to HOME regulations specified in Section 92.208. The pr�d�veloprnent and soft costs are described more specifically in Exhibit B. By fihe end of the cantract period, the Contractor shall complete or submit evidence af the following: a) Board Resolution(s) or rninutes approving CHDO geagraphic bounda:ries 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 hQusing project. d) Markering study e) De�elapment budget tj Housing plans and specified g) Written construction quate from the builder h} Qualifications and track record of praposed builder(s) and other subcontractors, including proof oiinsurance and vwor�ers' camp cove�'age i) Letter of commitment from any permanent financing lender j) Profvrma far the first five years k) Supportiva services and providers lj Plans for marketing and outreach, qualifications and intake of renters rn) Compliance vvith terms af affordability n) Compliance with other specific HUD r�quir�ments for th� proposed neighborhood and site standards for new multi-family project, etc. Cantractor understands that this contract does not bind tb� City to provide subsequent HOME proj�ct funds to Coniractor. 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 HOIVIE-funded programs available at the tirne of the application. Funding of the application for project funds wz1l be conditioned upon the availability of funds at the time of application, quality of the request, and the applicability of the funding reques� to existing HOME funded programs. B. Bud�et Confractor agrees that �he HOME funds r�vill be expended in accordance wifi11 the projected Prog�-am Budget in Exhibit B attached herefo and incor�orated for a11 purposes. Under no circumstances shall the total amount of program funds expended by Contractor from funds Page 5 m pai.d by the Ci�y exceed FIFTY-NIl�TE THOUSAND FZVE HUNDRED DOLLARS and No/100 {�ss,soo.00�. C. Time Line for Gaals and Ext�enditures Contr'actor shall wark in accordance with th� schedule in the Prograrn Implexneniation Titneline in Exhibit C and ensure tk�at program goals and expendiiures correspond with the compl�tion of the Program. D. Reversion of Assets Contractor agrees to return �o the City any HOME funds rexnaining on hand at the end of the contract. I� repayments, interest or other returns on investment attributable to HOME funds are received after the term of fhis contract, they shall be �retu�nned to ihe City to be deposited in tihe City's HOME account in accordance with Sections 92.503(b) and 92.504(c)(3) of the HOME regulations. E. Accountin�, Records at�d Ret�orts Cantractor will establish and ma.�ntain an accounting system using uniform and established principles of standard account,�ng in accordance with OMB Circular A-122, "Cast Principles for Non-Profit Organizations", far the documeniing and controlling tla�e expenditura of HOME func�s used in tl�e pursuit of Prograrn obj ectives ta be pexformed in tliis contract. ALL HOME FUNDS, AS DISTRIBUTED TO CONTRACTOR, WILL BE 1MMFDIAT�LY DEPOSITED BY CONTRACTOR 1N A LDCAL, FEDERALLY-INSUI2.ED, INTEREST BEARING BANI� CHECKIlVG ACCOUNT, AND THEREAFTER DTSBURSED BY CHECK BY CONTRACTOR FOR THE PURPOSES ALLOWED UNDER THIS CONTRACTQR ("ALLOWABLE COSTS" HEREINAFTER DEFINED}. ONLY �HOME FUNDS WII,L BE DEPOSITED TO THIS ACCOUNT AND NO OTHER FUNDS WILL BE COMMINGLED WITH THIS ACCOUNT. THE CITY SHA.L,L HAVE ACCESS T4 THE RECORDS RELATiNG TO THIS ACCOUNT FOR PURPOSES OF AUDTTING CONTRACTOR'S EXPENDTTURES OF THE CITY GRAN'T, AND CONTRACTOR WILL SO ADVISE APPROPRIATE BANK OFFICIALS. Contractor will only use HOME funds received io defray expenditu.res which are: (].} made in conformance with the specifed purposes set out in Exhibit A and all other pro�visions o�' this Cantract; (2) necessary fo accom�lish .�lie Prog�ra.m objectives; (3) reasonable in amount of goods and services puxchased; (4) actual net costs to the Contractor {i.e., the price paid minus any refunds, reba#es, discounts or any other items of value received by Coniractox that have the Effect of reducing the cost actually zncurred) (5) incu.z7red after execuiion of this Cantract unless specific authorization from fihe City to th� contrary is received; (�) satisfactorily documen.ted; and (7) treated ur�iformly and consisten�ly under the accaun�ing syster�a established by Contractor for Page 6 these purposes. All costs defrayed from HOME funds will be supported by properly executed checks, orders, payrolls, tim� recards, invoices, contracts, v ouchers, or ather accounting docum.ents evidencing in detail the nature and pxopriety of the charges. Such documenta�ion will be clearly identified, areadily accessible and, to the exteni passil�le, kept separate and apart from aIl other such documents. The City expressly reserves, �or a periad of five {5) years from the date of execution of this Contract, the right to audit compliance with the terms of this Coniract, and any and all reeflrds and documents relating to expenditures made for which HOME funds are used, or r�lating to any oiher activity undar this Contract or use of HOME funds. Contracfor agrees �o retain all such recoxds and documents for the five (5) year period Cantractor will obtain and keep on f le the follawing information an each client served by the Pro�ram. �uch records shall be kept far the period of affordability mandated by tha Regulations. a. annual income arid size of the household of which the client is a member; b. ethnic graup of the client, using one of fihe following �ive caiegories: White, not Hispanic; Slack, not Hispanic; Hispanic; Asian or Pacif c Islander; American Indian or Alaskan Native; c. whether the head oithe cli�nt's household is male or female; and d. additional statistical infarmation as may be r�quired by I�UD regulations and any amendmenfis �hereto. Contractor will keep on file the following inforrnation and documentation on each individual project: a. proof ti�a� the project �neet� the applioable property standards; b. the per unit amount of HOME dollars invested; c, the compliance with the affirmative marketing requirements and existence of acceptable procedures; d. compliance wifih reloeation requirements; e, minority and female owned business data, and affirmative fa'tz� Page 7 housing aciions; f, campliance with lead based paint and Davis-Bacon requirements; and g. compliance with conflict of interes� rules, By the 15th oF �ach month during which this pragram is supported by the HOME funds provided under this contract (to be cvnstrued as including the use of any asset obtained ihrough the expendittzre of HOME funds), Contractor will supply the City wifh a report d�ta.iling: a. progress toward goal achievement; and b. expenditure deta.il. c. Reports shall be submitted in ihe format specified by City. H. Cos� Princiules Contractar shall comply with the requirements and s�andards of OMB Gircular A-122, "Cost Principles for Non-Profit Organizations". All non-federal entities that expend $300,000 ar more in federal funds vwithin one year, regardkess of the source o�the Federal award, must submit to the City an annual audit prepared in accordance with CFR part 84 generally, with specifc reference to OMB Ci�culars A-128 and 133 as agpropriate. The audit rnust be prepared by an independent ceriified public accountant, be completed within twelve (12) months following the end oi the period being audited and b� submitted to City within thirty (30} d�ys of its compleiion. C�sts of preparatian of the audit may be an allowable expenditure of federal funds in an arnount proportional to that of the federal funds used in Contractor's tatal agency aperating budget. Non-federal entities that expend less than $304,000 a y�ar in federal funds are exempt from Federal audit requirements for that year, but recards must be available for review or audit by appropriate officials of the Federal agency, pass-through entity (City}, and General Accounting Office (GAO). (Exhibif D-Independent Audit Requiremenf). City reserves the right to perform an audit of Contractor's prograrn oparations and finances at ar�y time during the term of this coniract, if City determines that such audit is n�cessary for City's compliance with OMB Circular A-128, and Contractor agrees �o allow access to ail pertinent materials as described in section headed records and reports above. Tf such audit reveals a questioned practice or expenditure, such questions must be resalved within fifteen (15} days after notice to Con#ractor of such questioned practice or expenditure, If questions are nat resolved witivn this period, City reserves the right to wiihhold fui-ther funding under this anci/ar future contract{s}. Page 8 If' as a result a� any audit it is determined t1�at Cor��racio� has misused, r�isappli�d or mzsappz�opriated all or any part of the grant funds describad herein, Cant�ractar agrees to immediately reitnburse the City the amount o� such monies so mi�sused, misapplied or xnisappropriated, plus the amount of aaiy sanctions, penal�y or ather char�e le�ied against City because of such misuse, misapplication or misappropriation. 7. Monitor Effectiveness o� Servic�s and Work The City will review the activities and performance of each contractor and subrecipient not l.ess tban annually as required in Section 92.504 (e} of the HOME regulations. Contractor agrees fa fu11y cooperate with City in monitoring the �ffec�iveness of the services ax�d �work to be performed by Contractor's compliance wit� the tertns of this contraot. The City sha11 have access at all reasonable hours to offices and r�cords (dealing with the use of the funds tha� are the basis of �s contract) of Contractor, its officers, dixectors, agents, employees, and subcontractors for the puzpose o� such monitoring. Contractox agtees to Iikewise monitor the effecfiveness of xhe �ervices and work to be per:Eormed by its subcontractors. J. Cazrat�liance with All A�nlicable Laws and Re�u.la�.ons Federal Contrac�or agrees to caxnply wi.th tl�e following laws and the regulations issued ihereunder as �Iiey are ctu�rently written or are hereafter amended during performance af this contract: Title VI of Civ�il Rights Act of 1964 (42 U�G 204Qd et seq) Tit1e VIII of Civil Rights Act vf 1968 (42 USC 3601 et seq} Executive Orders 11063, 11246, as arnended by 11375 and as supplerriented by Depariment of Labor regulatians {41 CFR, Part 60) �ection 504 of the Rehabilitation Act of 1973 (29 USC 794) The Age Discrimina�on �ct of I975 (42 USC 6101 et sec� National Environmental Policy Ac� of 1969 {NEPA) and the related authorities listed HUD's implementing regulations {24 CFR Part 58) Immigration Reform ax�d Coni�rol Act of 1986 {Pub. L. 99-603, 100 Stat .3359, as amended) specifically including the provisions requiaring employer verificaiions of legal worker sta#us of iis ennplayees Hausing and Cornmunity Development Act of 1957 (Pub. L. 100-242, 101 Stat. 1.$15, as amended) The �smericans wzth Disabilities Act of 1490 (42 USC 12101 et seq} Pag� 9 Natianal Affordable Housing Aci of 199Q The Drug Fr�� Warkplace Act of 1988 (24 CFR part 23, subpart F} Section 3 af the Housing and Urban Development Act of 1968, as amended, 12 USG 1701 As ihe work performed under this eontract is on a project assisted undar a pragram providing direct federal financial assistance frorn tb.e H[TD and is sub�ect to the requirements of Section 3 of the Housing and Urban Det�elopment Act of 1968, as amended, 12 USC 1701, Cantractor covenants to abide by the requirem�nts of the said Secti�n 3. It requires as follows: 1. That, to the greatest extent feasible, oppartuniiies for training and emplayment be given to lower incom.e reszdents afth� projact area, and 2. That, to the greatest extent feasible, contracts for work in connectian with the project be awarded ta business concems which are loc�,ted in or owned in substantial part byperso�s resid:uig in the area of �he project. Contractor will compiy with the provisions of said Section 3 and the regulations issued pursuan� thereto by the Secretary of Housing and Urbax� Development, set forth in 24 CFR 135, and all app�icable x�a.Ies and orders of �ae Departnzent issued thereunder pr�ar to the execution of �ais canix'act. Con�ra,ctor certi.fies and agrees that it is under no contractual ar otl�er iinpediment, which would prevent it from c�mplying with the requirements. Contractor agrees that it wzll send to each labor organizatian or repr�sentative of woxkers with which it has a collective bargaining agreement or oth.er cantract ar und�rstanding, if any, a notice advisi_ng said labor arganization or wo:rkers repr�senta�ives af its commitments �ander this Section 3 clause and shal� post copi�s of the noiice in conspicuous places available to em�ployees and applicants for employment or training. Contractor agrees that it will inc�ude the said Section 3 clause in evezy subcontraet for work in connection with the project and will, at �he du'ection of City, take appropriate action pursuant to the subcon�ract upon a finding that thc subcontractor is in vialation of xegulations issued by th� Secratary of Housing and Urban Develapmen�, CFR135. Contractor agrees that it will not subcontract with any subcontractor where it has notice or knowledge that the latter has been fouz�d in violation of regulations under 24 CFR 135 and will nat let an�r subcan�xac� unless the subcontractor has first provided Contractor witk a preliminary statement of ability to cornply with the requirernents of these regulations. City and Contractor understand and agxee that compliance with the provisions of Section 3, the regulatians set forth in 24 CFR 135, and all applicab�e rU1es and orders of the Department issued ther�under priar to the execution of fihis contract shall be a Page '[ 0 condition of the Federal fina�a.cial assistance provided to the project, binding upon Ciiy and Contractor, and their respective successors, assignees and subcoz�tractars. Failure to fulfil� these requirements shall subject Contractor and its subcantractors, its successors and assignees, to those sanciions specified by the Grant Agreernent thraugh which fede�al assistance is provided and to such sanctions as aze specified by 24 CFR. C1ean Air Act; Clean Water Act; Environmental Protection Agency (EPA) Acts and Regulations This contxact is sul�ject to the reqtuxements af Section 306 of the Clean Air Aci, as arnended (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 e� seq.) and the regulatians of the EPA with respect thereto at 40 CFR, Part 15, as a.mended from time to ti�ne, and Executive Order 11738 (42 USC 7606 n�.). Tn compliance with said regula�ions, Cantractor agrees and, vwiih respect to a nonexempt �ransaci�on, shall require each subcontractor to agree to the following requirements: 1. A st�pulation that n.o �a.ci.lity to be utilzzed in the performance of xzonexempi cont�act or su�acontract work is included on the List of Vialating Faciliti�:s issued by the {EPA) pursuani ta 40 CFR 15.20; 2. Compliance with all the requirerx�,ents of �ection 114 of the Clean Air Act, as az�riended (42 USC 1857c-8), and Section 3Q8 of the Federal Water Pollution Coni�rol Act, as arnended (33 USC 1318), relating to inspection, monitoring, enfry, reports and i.nformation, as well as all other raquirements specified in said Section 114 and S�ction 308 and all regulations aa�d guzdelines issued he�reundex; 3. A stipulation that, as a condition for the award of the contract, prampt notice will be given of any noiification received from #he Director, Of'fice of Federal Activities, EPA, indicating that a facility utilized or to be ui�lizec� for th� contr�,ct is under consideration to be listed on the EPA List of Violating Faciliti�s; 4. Agreement by Contractar that it wiil include or cause to be included the criteria and requirements of this section in every nonexempt subconixact, requiring that Contractor will take such action as City may direct as a means of enforcing such provisions. In no event, shall any arriou�t of t�e assistance provid�d under this contract be uiilized with respect to a facility vvhich has �iven ri�e to a conviction under the Clean �ir Act ar the Cleari Water Act. K. Other Laws Page 11 Contractor covenants and agrees that iis officers, membe:rs, agents, empioyees, Program participants �nd subcontractars sha11 abide by and comply vvith all other laws, {federal, state and local) rele�ant to the performanca of this contract, includixag all ordinances, rules and regulations of the City of Fort Warth and the Regulations. Contz'actar fiirther pramises and agre�s that it has read, and is fanuliar with, #erms and conditians a�the R�gulations undez' which funds are granted and that it will fully comply v�ith same. It is agreed and understood that, if City ca.lis the attentzon of Contractor �o any such violations on the part of Coniractar ar any of its officers, �nembers, agents, employees, program particzpanis ax subcontrac#ors, thex� Contractor shall immediately desist frorn and cazxect such violation. 13. Prohibiiio� A�ainsf Discriminaiion Contractar, in the execution, perfornaance or attempted performa,nce of this contract and agreement, will not discz�zmi�ate against a,�y person because of sex, race, religion, colar or nationa.l origin, nor will Contractor permit its officexs, rnembers, agents, ' employees, subconiractors ar program participants to engage in such discrimination. During flie perforrnanc� oi this contract Contractor agreas, and will require all its subcontractors to agree, as follows: Con#ractor wi11 no� ttnlawfi�Ily discrirninate against any employee or applicant for employme�t because of race, color, religion, sex ar nat�onal origin. Contractor will take affrmative a.ction to ensure that applicants ar� crnployed and thai emplayees are treaied fairly during employment without regard to their race, color, religion, sex or natianal arigin. ,Such action shall include, but not b� limited ta, the following: employment, upgrading, dematian ar trarisfer, reeruitinent or recruitment advertising, layoff or tennina�on, rates of pay ar other forms of compensation, and selection �or training, including apprenticeship. Contractor agrees to post in eanspicuous glaces, ava.ilable to empl.oy'ees and applican�s �ox employment, notices setting forth the provi�ions of this nondiscrimination clause. Cantractor wi11, in all solicitations o�t advertis�mEnts for employees placed b� or on behalf of Contractor, s#ate fhat a.11 qt�alified applicants will receive canside�ratiton fox employment withaut regard to race, color, relig'�on, sex ar national origin, In accordance wath tkae palicy of the Executive Branch of the federal governmeni, Contractor covenants that neither it nor any of its officers, members, ager�ts, employees, program participants or subcontractors, while e�.gaged in performing this coniract, shall, in connection wi#h the employ�enf, advancement or discharge of employees az in cannection with the terms, conditions or privilag�s of th�ir emplayment, cliscriminate 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. Page 12 Contractor fut�her covenaarts that neither ii nor its offieErs, rnembers, agents, employees, subcontractors, prog�ra,m participants, ar persons acting ar� �heir behalf, shall speczfy, in solicitaiions or advertisements for employees to v�'ork on this con�ract, a rnaxi.muxn age limit foz such employrnent unless the specified m�izxaum ag� limii is based upon a bona fide occupatianal qua.l�fication, retirernent plan or statutozy requir�ment. Tn accordance wiih the provisions of �he Americans With Disabi�ities Act af 1990 ("ADA"}, Con�actor warra�nts ihat it and any of its subconkractors will not unlaw�ully discriminate on the ba.�is o#' disability in xhe provision of services to the general public, nvr in the availability, terms andlor conditions of employment �or applicants for employment with, oz employees of Cantractor or any of its subcontractors. Contractor warrants it will fu11y comply with ADA's provisions and any ofher applicabl� federal, state anc� local laws concerning disability a�d will defend, indemni�r and hold City harmless against any claims or allega�ions asserted by third �arties or subcontractors against City arising out of Con.txactor's and/or its subcontractors' alleged �aiXure to comply with the above-ref�renced Iaws eoncerning 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("Discrimina�on in Employment Practices"), of the Citiy Code of the City of Fort Worth, and Contractor hereby covenants and agrees that Contractor, its a£ficers, members, agents, en:iployees and subcontractors, l�ave fully complied with all pz-ovisions of same and that no employee, applieant or program participant has been discrirninated against under ihe terms of �nc� ordinances by �ither the C.antx`actvr or its officers, members, agents, employees or subcontractors. 14. Prohibition A�ai.nst Interest No member, afficer or employee of City az its designees or agents; no member of the goveming body of the locality in which th.e P:rogram is situated; and no other public o�ficial of such locality or localities, who exercises any functions ar responsibilities witii xespect to the �rogram funded hereunder during his tenure or for one (1) year thereafter, shall have any interest, �irect or indirect, in any contract or subcontracx, or the proceeds �hereof, for work to be perfomzed hereundex. Contractor shall incozporat�, or cause fo be incorpo�ated, like language prohibzting such interest in all contracts and subcontracts hereunder. No officer, employee, mernber or program participant of Contractor ar fts subcontracfiors sha11 have a financial interest, direct or �indirect, in this cont�act or the monies fi�ransfirred hereundar or be financially interested, direc�iy or indirectly, in the sale ta Contaractor of any Iand, materials, supplies ar services purchased with any funds transferred hereunder, except on behalf of Contractor, as an officer, employee, member or progz�am participant. Any willfi� vzolation of this paragraph with the kno�+'ledge, e�ressed o� �tnplied, of Coniractor or its subcontractors shall render this cantract void able by the City of �ort Worth. Page 13 No officer, ernployee, agent, consu�tant, elected officia.I or appointed official of ih� participating jurisdiction, Contractor or its subcontzactors who exercised any func�ions or responsibilities with respect to actxvities assisted wi.th HOME funds or �vho are in a position to participat� in a decision making �rocess or ga.iz� inside information with regard to th�se activities, may obtain a financia� intere�t or benefit from a HOME assisted activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the praceeds thereunder, either for themselves or those with whom th�y have family or business ties, during their �enure or far one {1} yeax thereafter. 15. Mi,noritv and Women Business EnterprisE Commit�ent, Contractor agirees to abide by the City of Fort Worth's policy ta involve minority and women disadvantaged b�xsiness enterprises (MWB�s) in all phases of its procwremen� practices and to provide the�n equal opportux�ty to compete for contract� for canstruction, provision of professional services, purchase of equipment and supplies an.d provision of other services required by City. Therefore, Contractar agrees ta incarporate City Ordinance No. 11923, and a11 amendments or successar policies thereto, into aSl contracts and wi1l. further require all persons or entities with whom it contracts to comply with said Policy. 16. Assi�nment Cantractor sha11 not assign all ox any part of its rights, pr�vileges, or d�xti�s under this contract without the prior wri.tten approval of City. Any at�empted assignment af same without approval sha,ll be void, and shall constitute a breach o� this contract. It is agreed that the City has the right to ir�spec� axzd approve in writing any proposed subconb'acts between Contractor and any s�bcontractor engaged in any ac�iviiy i.n conjunction with this HOME funded pxojEct prior ta any charges being incurred. 17. �ndemnitv and Bandi.n� Contractor covenants azid agrees to indemnify, hoid harmless and defend, at its own expense, City and its officers, agents, servants ax�d employees from axzd against any and all clairns or suits for property loss ar damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, wheth�r real or asserted, arising out af ox in connection with the execution, performance, at�empt�d p�rformance or nonperformance of this contract and agreement and/or the operations, activities and services of #he Program descri�ed herein, whether or not csused, in whole or in nart. b_y _ alle�ed negli�ence of officers, agents, servants, emplovees, contractors or svbcon�ractors of Ci�; and Cantractor hereby assumes all liabi.lity and responsibility of City and its officers, agents, s�rvants, and emplayees for an.y and all claims or suits foz pzaperty lass or damage and/or personal i�jury, including death, to any and a11 persons, of whatsoever �ind or character, whether real or asserted, arising out of or in conx�ection with the executioz�, perfarmance, attempted p�rformance or nanperformance o�' this Page 14 contract and agreement and/or the operations, activities and services af the pragratns described herein, wI�ether or not caused in who�e or_in nart, by aIle�ed ne��i�ence oi o�ficers, a�ents. servants, emplaYees. contractors or subcontractors af Citv. Contractor likewise covenants and agrees ta and doas hereby indemni.�y and hold City harmless from and against any a.nd a11 injury, damage or destru.ction n� property of City, arisi.x�g o�.t oF or in cotanection with all act� or omissions of Contractor, its officers, members, agents, em�loyees, subconiractors, invit�cs, lieensees, or progra�n part�cipanis, or caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractars ar subcont�raetors of City. Contractor will maintain a blanket fidelity coverage in ihe form of insur�ce or bond in the amount of Ten Tho�xsand Dollars ($10,000), to insure against loss from the fraud, th�ft or dishanesty of any of Cor�traetor's officers, agents, trustses, di�ectars or employees. The proceeds af such bond shall be used to reimburse City for any and all lass of HOME monies occasioned by such misconduct. To e£fectuat� such reimbursement, such bond shall include a r�der stating that reimbursement fox �,ny loss or losses thereunder shall be made directly to City for the uses and benefit of Con�ractor. 17. Waiver of Immunitv Zf Can�ac�or, as a charitable or noz�pxofit organization, has nr claims an immux�ty or exemption {staiutary or otherwise} fram and against liability for c�amages or injury, including death, to parsons or prope�-ty, Contractor hereby expressly waives its rights to plead defensively �uch imrnwt�ity ar exemption as against City. This section shall not be construed to affect a gavernrnental entity's immunities under constitutianal, statu.tory ar common law. 18. Insurance Reauirezxaents Cor�zercial General Liability (CGL) Insurance $500,400 each occurrence $1,000,000 aggregate limit Business Automobile Liai�ility Insurance $1,000,000 each accident oz� a ca�bined single-limit basis, or $250,00� Property Dam.age $500,40Q Bodily Injury per �erson per occurrenc� $2,000,000 Aggregate Insurance policy' shall be endorsed to cover "Any Auto" Pending availability of the following caverage, and at the discretion of the Contractor, the policy sha11 be the primazy responding insurance policy versus a personal auto i.nsurance policy if or �c�vhen in thE course of Cantxactor's husiness as contracted herein. Workers' Compensation Jrasurance Page 15 Part A: Siatutory Lirnits Part B: Employer's Liability $140,400 each accident �100,000 disease-each ernployee $54Q,000 d:isea�e-policy limit Note: Such insuranc� shall cover e�nployees performing work on an� and aIl praj ects including but not li.mited to construction, demolition, rehabilitation. Coverages sha11 be maintai�xed by Cannactor or its subcontractors. In ihe event the respective subconnactars do not maintain coverage, the Con#ractor shall maintain the cav�ra,ga on such subcontractor for each applicahle subcontract. Directors and Officers Insurance Optzonal (Highly Recommended) Note: This insurance shall cover the Contractar anc� any associated Board of Directars me�bers. Additional Requirements Such insuranee amounts sha11 bE revised upward at City's option and that Cantractor shall revise such arnounts within (30) following notice to Cflnirac�or of such requirernents. Confiractar will submit to City document that it has abtained insurance coverage and has executed bonds as required in this contract and prior to payment� of any xnonies provided hereunder. Each insuran.ce policy si�a11 be endorsed to pravide City witl� a minim�m s�ty (60) days notice of cancellation, non-renewal, and/or maierial chang� in policy terms or co�erage. Tnsuxance policies required herein shall be endorsed to include ihe City of Fort Worth as an additional insured as its interest may appeax. Addationa.l i�.suxed parties shall include employees, afficers, agents, and �alunteers of �he City o� Fort Worth. The Workers' Campen.sation Insurance poliey shall be endor�ed to include a waiver of subrogation, alsa zeferted to as a waiver of right� of recovery, in. favax a� the City of Fort iNorth. Any failure on part of the City to request certificate(s) of insurance shall not be construed as a�uvaiver of such requirexnent nor as a waiver of the insuraxice requarements themse�ves. Tnsurers of Contractar's ins�arance policies shall be Iicensed to da business in the state of Texas by the Department of Insurance or be of.herwise eligible and authorized to da business in ihe state of T��as. Insurers shall be acceptal�le to the City insofar as their financial strength and solvency and each such company shall ha.ve a curren� mini.mum A.M. Best Key Ra#ing Guade rating of A:VII oz other equivalent insurance industry standard rating othezwise app�'oved by the City of Fort Worth. Page i fi Deductible limiis on insurance pol�cies shall not exceed $5,000 per occurrence unless otherwise approved by the City of Fo:t� Warth. In the event there are local, federal or other regulatory insuxance or bonding requirements for the housing program addressad in this contract, sho�ld such requiremenYs exceed those specified herein, the former shall prevazl. Contractor shall agree to require its subcontractors to rnaintain applicable �insurance coverages, limits, and other requirements as t.�ose sp�cified hearain; and, Contractor shall raquire its subcontractors to provide Contractox with certificate(s) of insurance documenting same; and, Contracior shall require its subcont�actors to have the City. of Fort Woz'th and the Con�ractor endorsed as additianal insureds (as their interest may appear} on their respeetive insurance policies. Contractor shall require its subcontractors �o maintain builders risk insuranee at the linut of applicabl� project(s) casts wben th� value of rx�aterials in�olved exceeds $10,040 nr at a different limit value as speci�ied by the City of Fort Worth. 19. Certification Re�ardan� Lobbvin� The undersign.ed representative of Con�ractar hereby certifies, to the best of his o� her knowledge and belief, that: No federal appropriated funds have been paid or will be paad, by or on beh�.l�' of Contractor, to any person for influencing oz attem�ting to influence an afficer or employee af any ag�ncy, a member af Congress, an officer ar �;mpioyee of Congress in cannectinn wi�h the awarding of any federal contract, the making of any federal grant, the rnaking of any federal loan, the antering into of any cooperative agr�ement and the extension, continuativn, renewal, amendment, or modification of any federal contract, grant, loan ox coop�rative agreement. Ti any funds other than fedexally appropriated funds bave been paid ox vvi11 be paid to any persor� far influencing or attempiing to influence an officer ox employee of any ageney, rnember of Congzess i.n connectian with this federal contract, grant, loan or caopera.tive a�eeznent, Contractar shall complete and submit Stan,dard Form-LLL, "Disclasure Forrn to Report Lobbying," in accordance with its instructions. T�e Contractor shall require that the lang�xage of this certification be included in all subcontracts or agreements involvi_ng the expenditure of federal funds. Page 17 � IN WITNESS WHEREOF, the parties her�eto have execuied four copies of this contraci in Fart Worth, Tarrant County, Te�as, this � ` day of �-. . , 20Q2. ATTE�T: , /,� [J/ �` . - ° 1 � , �-_� -� �City S ec�ary C�TY OF FORT WORTH _ By: . _ � _ Reid Rector Assistant City Manager APPROVED AS TO FORM AND LEGALITY: �� '� Asst. ty Attorney /, , _I , _, conrrac�. A�t�o�iza��an bate� — —... �..� .....� . ... a UNI�I'ED RIVERSIDE REBUII.,DING CORPORATION By: , George Hil , Presid�n� Page 18 ��� � � .. .�� STATE OF TEXAS § § COUNTY OF TARRANT � BEFORE ME, the undersigned auihority, a Notary Public in and for the State of Texas, on t�is day personally appeared Reid Rector, lrnown ta me to l�e t�e person whose natne is subscribed to the foregaing instrumen.t, and acknowledged to me that the same was the act of the Gity of Fort Worth and that he ex�cuted the same as th� act of said City of Fort Worth for the pr�poses an.d coxisideration ther�in e�ressed and in the capacity therein stated. GNEN UNDER MY HAND AND SEAL OF �OFFICE this �� day of � ��--���,J , 2ao2. za1��"�s�n ROS�LLA BARNES �� /��i�-L•.��-- N�TARY pU�LIC Notary Pul�lic in and for the State of Te�as ���' State af 7exas ���tN'�,,�'Comm. Exp. 03-31-2005 ST ���, „w-..�,. „� & • .� • �._:_..► _I BEFORE ME, the undersigned authority, a No�tary Public in and foz the State of Texas, on this day personally ap�eared George Hill, known to me to be the per�on whose name is subscrib�d to the £oregoing instrumenf, and acl�owledged to me that the same was the act of Uniied Riversida Rebuilding Corporatian and that he executed the same as the act of said Uni�ted . Riverside Rebuilding Corparation far tlie purpases and cansidera�an therein expressed and in. t�►e capacity �herein stated as its duly authorized o�ficar o� representative. � �T MY HAND AND SEAL OF OFFICE this �� day of V 2Q02. .� , . ��G����� No - Public in and for the State of Te�as r�vQrvt,� .�. �►���.ti i�tc�l Put�tic , Siat� ai Tettas �. {�y ComrriLss�t � �irnrernb�r 6. �4 , , �r , �r ..� i� .� , -q�,e , Page 19 0 EXWIB�T A PROGRAM SUMMARY �' � � � � � pROGRi4M TI7LE 11NITED RIVERSIAE R��UILDIIdG CORPORATION - PR�GRAM �LJP��S 2000 & 2001 HOME AHDF 2D02 HpM�-GMDO Predevelopment Costs $23,000.00 Saft Costs rora� DESCRIPTION: $36.544.Q0 $3fi,50Q.00 $23,000.00 $59,saa.oa l"he Uni#ed Riverside Rebuilding Corporat9on (l1RRC) wilf use the funds granted by car�tract for predevefopment and soft costs to de�elnp a 50-unit seniar housing project an Refta and Van Horn in the Ri�erside Model Blocks area. The contract period begins on the date of executian and ends twelve months thereafter. The contract may be exterodad for a on� year term. PROGRAM O�J�CTIV�S: To provide for the payrr�ent of predevelopment and soft costs for the development of fhe senior housing project that qualifles as eligible costs. PROGRAM M�ASUR�S; By the end of t#ie contrac# period, Contractor shall submit evidence af the following: Board Resolution approving CHDO �oundaries ��idence af site control of the proposed hausing project Evidence of appropriate zoning Markeiing study Development budget Housing plans f�:/.11=��r:3 CHDO United Riverside Rebuilding Corporatiort AHDF PR�CI�M i�U�1G�� PREDEVELOPMENT COSTS Mark�i Study Environmental Repvrt Acquisition Legaf Fees P�rmits Architect Fees SOFT COST� $5,500 �2,�aa �2,oaa $7,000 $3,000 $3,000 $23,OOQ United Riverside Appraisal $7,Oa0 Rebuilding Corporation Archifect Fees $22,000 Other Fees $7,�an $3.6, 500 iOiA� $59,�00 Exhbit G - Timeline �.iNITED RIIJERSIDE REBU[LDI#J� �OI�PO�"�EDN �ENIO#� H�U�lNG �R��l��T `3ite Ac�uisition arY� �onirof Plans ar�d Speci#ications Appraisal Cornpleted Architect & Engir�eer�ng Plans & S�ecifications Construction Constr�action Management lnterim Financing Permanent Financing Committ�d Marketing ; Property Management N�aintenance Leasing 0-3 monfihs .� P�2�},�E�T�D �I�IELI�IE 3-�� �-9 10-�i� 13R�i5 1�-1� 19•�1 �2-24 mo�ths months months mor�t�s morrth� mar�'ths months - --�� i � h �� � � � 1_ � EXHIBIT D INDEPENDENT AUDIT REOU�REMENT � BUSINESS/AGENCY NAME: PR4GRAM: AMOCJNT FUNDED: $ Narne of Independent A�sc�itor who wiIl perforzn ageney audit: {Tndependent Auditor) ,Date audit is to perform: (1Vlonth and Year) � � The �'ollowing ianguage is a condition o�' your contract vrith the City: . "In �ccardance with �MB Circulars A-12� anc� A-133, for aII cont�acis zn the amount af $300,OD0 or more, Contractor mus� sulimit to Ciiy an annuaZ audit o� its program operations and f nances, coveFing either its � f scal year during r�rhich this contract is in :farce ar covering the period of this contract. This audit must be , prepared�by an independent c�rtif ed gu6lic acca�tant and must be submitted witliin three (3� months of its . . co�zpletion . Casts af preparation of this audif may be .an a11a�,vable expendit►are a�fedezal funds in an amount propartiona.l to that of the federal £�inds used in Contractar's total agency operating budget.°' c, S�gnature I]ate I� 0 i .� � �g�Cy cz� o� FORT woRTg HOUSTNG DEPARTM�NT SUBGRAIYTEE'S REQUEST FOR FUNDS .�zogram N ame: Contract Numi�er: ATTACHMENT I Aeport Period: Date nFRequest: "' � ' ��� �'=�.:�Y��4�' .,��__�- ; �. . • .4:ur�e t�Vr�rnfi1:'=''*�'�. - �•. �����.,.�,��}�rl�z���r����y,y _�': " �a-.��..i.�c-..c� _ �_ 5 _ _ _ _ - .'L� { -c � �'a _ .�+!a►�4Fa S.C� CASH BALANCE ANALYSTS FOR � I. Beguuuug Cash Balance $ $ - 2. Amotint Recei^ved: � Pxogzam Income $. $ Cty of Fort Wortb. � $ $ • .Tnt�xest Earned $ $ 3. Total �'unds Available (1 + 2) , $ $ 4. Less E�cpenditure (detail statement cost) $ $ S. ENDING CASH BALANCE {3-4) $ $ . �����,���s4�,a�1' �.`��i�:1.:'�'.':_��:�i'.i•ic�. - _ = ti4`�_�f = .Yt',;sj"'v?r.:.":SS:'r'�;��� 6. EstimatEd Expendiiures � $ 7. Funds Needed {6-5) $ - 8. Less Estimated Progza�n. Zncom� $ 9. Unpazd Request for Payment Previo�xsly Submit#ed $ T 0. Amou�t of Thrs Req�est (7-8 & 9) $ �l'��fi:.�fil � , ���� l��� ' "�.`��'�-:�t4-�w _ - - r� A4�����- ��Y-ly.. ;�}r- ��'-��-:"'- �+4+���0-i- -1 r'+:i i�'�'�_�Sf•�1��.�T'..i'��F-��.�-�'�y�r-Y�-�rl���*' _- A _ _— ' — �:K` _ L M�iRS -1Pt�rcixasing Request A, MARS IN�UT: Vendor/P0 Nurnber/Requisiiaon Nuznber B. FundlAccount/Center �. Total Amount of this Request �y�y i i �_ -_ __ s.�: �e�i:- r, � 7y� ', 'r�"-tiS- ' �r `''��. F ��F x i=��"'�-. 'q'� ti'-- -=.''- -a' � �.� �i�fi��iLsFs .{- �-�1s',� C���/A17�i4��fty_,.����'T`.�LL r�=-�i� ..•l��lrt���-f=�aih- -`r`..t'L�ss�---+�iS�L:,�i�,. -- - - - •l� ' �-,e_.1sJl�"iuc:t.��'-��•�ti+.i,� 1. Veri�ication A. Madel Blocks Planner: I I � {rr�mc� B. Contract Manager: . . / / �N�� C. Acconn#ing: 2. A�thorization A. Agency: ' . B. Mgmt & Budgef• ' Adininistrator Housing Director � ov�x se,sao.ao �M��� cr'�) ��� c��) I I / / I I 1 I CTTY OF FORT WOR'I`H ATTACHIVVLENT II HOUSING DEPARTMENT MANAGEMENT AND SUDGET D1VxSX4N DETAIL STATEMENT OF COSTS A�ENCY YROGRr1M CO1VT"RACT NO. DA1'E �0 RF.PDZtTPERIOD C�ST CA7'EGORY ACCOUNT , BUDGE7' �XPENDITTJRES i TO DA�� BALANt PERSONAL SER'VxCES � 5ala.r�ies 51 fi010 � � �FICA . � 518014 I ILi�e I�nsurance 518Q50 ' �Health Insurance 51806� � Unemplayment - Federal 518090 �Unemployment Tax-5tate - 51809Q � - � Worker's Comp . 518Q40 I Retiremen# 5I8070 � SU.PP�I,ES � IOffce S�pplies 521b10 � Postage ' � 521020 , �Teacb.in.g Aids 52203fl Foad Supplies 522030 �Other Opez'ating SuppIies 52330Q � �CONTRACTIIAL SERYICES � Telephone 535040 � � Elechic 535020 � IGas (LTtiIity) 535010 I Water/Waste Dis�asal 535Q30 Rant Buildin,gl 537010 Custodial Services 53922Q � Office Equipment Rentai 537030 � � �Priniing 533030 � I Repaiz�s 53600 Fidelity Bond 53$21 a Liahzlityxnsurance 53402a _ . � Lagal & Accounting • 5380G0 I - � Pri.vate Auto Atlowance-LocaI $32130 - � Advartising 533010 Conf'erences & Seminars 531 i 84 Contractual Services 539I20 Inc3ireet Cnst S I7010 - --- - ----- . � CAPITAL OUTLAY . � � I �umiture, Fixtures 541330 • � • �Offce Equipment 541370 � � �� � Property Insuiance I TOTAL . . I Sub-ConfTacYors Certi�caiion: I cerEify that the costs zt�.cuzred are t�cen from the books of accovnts and that such costs are �alid and consistent with the texrns of the agreement. NAME and �'ITI,E ��' AUTHORIZED OI'�IC.ER SIGNA7'�1� and DATE � AGENC'Y PIi0�12AM ci� o� FOR� wox�rH HOUS�TG D��.ARTM�NT' MANAG�MENT AND BUIIGET 1lIVISION EXPENDITURES WORKSHEET ATTACHM�NT III corrr�ner rro, nax� �0 liEPORT FER30D CHECK NO, DATE # PAYE� D��CRII'TION ACCOUNT NO. AMOYJN'I' . 1 ' � x � —� ----- I 3 . . I -- 4 I . _..._ S ' 6 I I ,� � - 8 ' I 9 I • � I 10 �Z I �12 I I3 I 14 I �.S � 16 I I— • .._ .. _— l7 18 , . 19 I 20 - � . 2I � , — I ZZ I -23 -- -- � I 24 - 25 • TO'rAL Sub-Contractors Certificatzan: I certify thai fihe costs incurred are taken fro�n the baoIcs of accounts and that such casts are valid and cousistent with the temts of the agreement. 11TAME and TITLE OF AUTHORLZED OF`�'IC�R SIGNAT`URE and DATE � I � C`ity of �o�t d�i�o��h, T'eacas M�yor ��� Coun�il Cor��nunic��t�o� DATE REF�RENCE NUMBER I LDG NAME 1 Q19Id2 *�`C�'i 9�6� 05AHDF PAGE 1 of 2 SUBJ�CT REALLOCATION �F HOME C�MMUNITY HOUS�NG DEVEL�PMENT ORGANIZATION AND AF'�'OR�ABLE HO�1�lNG ��VELOPMENT FUNDS, AND C�NTRACT WITH lJEVITFf� F�11lE�slC7.0 �E:�L!!�LD!"EG �Qk�P�}�:4T1D� RECOMMENDATION: it is recommended that ihe Ci#y Councif: 1. Appro�e fihe reallocation of $59,500 in Home Investmer�t Partnerships Program (HOME} funds to Uni�ed Riverside Rebuilding Corporation {URRC) for its propased senior housing project, as follflws: a) $23,QOa in 20�2 H�ME Cammunity Hausing De�elopment Organizatian (CHDO) program funds for pred�vefopment costs for the seniar housing project, and bj $36,5QQ in 2D00 and 2a01 HOME Affordable Housing De�elopment Fund (AHDF) funds for saft cos#s for the URRC senEor housing project; and 2. Authorize the Ci�y Manager to execute confirac�s with URRC, not to exceed $�9,500; and 3. Au#horize contract performance reviews far a period up to 12 mvnths, #o begin on the da#e af cantract execution; and 4. Autharize the City Manager ta amend the cantracts, if ne�essary, ta achieve project goals, provided that the amendment is withir� fhe scope af the project and in compliance with applicable laws and regulations. DISCUSSI�N: The H�ME program is intended to be a partnership among federa�, state, locai ga�ernment, non-profiifi and for-profi# agencies' that build, own, manage, finance and support law-�ncame housing initiati�es. HOME participating jurisdictians, such as the City flf Fart Warth, are particularly encouraged to work with existing community-based, non-profit housing organizatiflns such as URRC. _ To ensure this par�icipat�on, a minimum 15% of a�articipating jurisdictions' H�ME fun�s must he set- aside to be used for CHDOs, an� up to 1�% af such set-asid� f�nds may be allacated far predevefopment laans #o CHDOs. CHDOs are c�rtified by the Ci#y of �ar� Worth according to specific eligibility criteria. Commitments of HOME funds must be made accarding to a timetable established by the U.S. Department af Housing and Urban Devefapmen�. � �'ity of `�"ort T�Y'o�th, Texas l�i�yor ��� Council Co�m��ica�tio�n DAT� R�F�RENC� NUMBEf2 LOG NAM� PAGE 1011102 �`*C-1926� 05AHDF � 2 of 2 suB.���7 REALLOCATION O� HOME COMMlJN1TY HOUSING DEVELOPMENT ��RGANIZATION AND AFFORDABLE HOU5ING DEVEL�PMENT FUNDS, AND CONTRACT WiTH UNITED RIVERSIDE REBUILDING CORPORATION A Notice of F'ur�d Availability was issued recentiy to inciude this year's HOME CHDO and AHDF funding. Eligi�l� CHDOs or sub-recipients can apply for a�aila�le funding untiE ii is deplet�d. URRC was among the non-profif or�anizations that submitted a request far �un�ing. URRC is a �01(c)3 tax-exempt carporation and certified by th� City as a CHDO. I# is the implementing arm of the Riverside Model Blocks; and in that capacity has completed a minor home repair progr�m (�5 units), and warlced closaly with the City in the improvement af Gid Hooper Park and #he expansion of tne Riverside Community Center. It has also acquired several pro�erties for rehabilitation or new construciion and resafe fo first tims homebuyers. URRC is working with a consultant, Hearthside Development Corparat�on, which specializes in seniar housing, in de�e[oping the proposed seniar housing project. Ho�sing staff recammends the appra�al of ihe URRC`s request for $59,5�a ta fund predevefopment an� saft costs of a 50-unit senior housing prajecfi 9n the Riverside Model Blocks area. This project wili be funded aut of the HOME CHD� Predevelopment Loan Fund ($23,D00), and the H�ME AHDF �$36,500). On 5eptember 10, 200�, tl�e above proposal was endorsed by the Economic and Community Development Cammittee for City Cauncif appra�al. URRC's pro�osed project is located in COUNCIL DISTRICT 8. �fSCAL INFORMATIONICERTIFICATION: The Finance Director certi�es that upan approval of the above racammendations, funds will be available in th� current o�erating budget, as appropriated, of the Grants Funds. RR:k 5ubmitted for City Maetager's I FUiVD , f ACCOUNT � CENTER I AMOUNT CITY SECRETARY DSf�ce by: I (to) � 1 a) GR76 539120 005206772310 $23,�00.00 ReidRectar G1�D �b)GR76 539120 0052d6133310 $36,500.00 Originuizng Department Head: � 7erome Walker Additional Tnformatfan Contact: 7537 (from) 1a) GR76 1b) GR76 539120 Oa52Q6772200 $23,a00.0� I 53912Q 4Q5206133060 $36,500.DD � � � APPROV�D lOIOIIQ2 7erome Walkcr 7537 I