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HomeMy WebLinkAboutContract 31335 CITY SECRETARY CONTRACT NO STATE OF TEXAS § COUNTY OF TARRANT § THIS contract ("Contract") is made and entered into by and between the City of Fort Worth ("City"), whose address is 1000 Throckmorton St., Fort Worth TX 76102, acting by and through Dale A. Fisseler, its duly authorized acting Assistant City Manager, and Tarrant County Samaritan Housing Inc. ("TCSHI"), whose address is 929 Hemphill Street, Fort Worth, Texas 76104, acting by and through Steve Dutton, its duly authorized Executive Director. (Sometimes City and TCSHI are referred to individually as a"Party" and collectively as the"Parties"). 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-04-MC-48-0204, Catalog of Federal Domestic Assistance ("CFDA") No. 14.239, 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; WHEREAS, the primary purpose of the HOME program ("HOME Program")pursuant to the HOME Investment Partnerships Act at Title II of the Cranston Gonzales National Affordable Housing Act of 1990, as amended, 42 U.S.C. 12701 et seq. ("NAHA") and the HOME Investment Partnerships Program Final Rule, as amended,24 CFR Part 92 et seq. (the"HOME Regulations" or"Regulations") is to benefit low and very-low income citizens by providing them with affordable housing; WHEREAS, TCSHI, a Texas nonprofit corporation managed by a volunteer Board of Directors, is working to assist low and very low income individuals who have special needs by increasing the number of safe, affordable housing units available to them; WHEREAS, TCSHI is the recipient of approximately $7,000,000.00 from the Texas Department of Housing and Community Affairs (TDHCA) Low-Income Housing Tax Credits to rehabilitate and expand TCSHI's existing facility. The Enterprise Foundation has awarded a $25,000 challenge grant to TCSHI and the City desires to match the Enterprise grant funding in the amount of$25,000 for the rehabilitation and expansion of the existing facility. WHEREAS, the citizens of the City and the City Council have determined that the development of safe, decent, and affordable housing is needed for moderate, low, and very low- income citizens who are persons with special needs. NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: HOME FUNDS CHODO SET-ASIDE Page 1 Samaritan House, Inc. Rev. 1-21-05 I. GENERAL PROVISIONS A. Purpose The express purpose of this Contract is to provide TCSHI with HOME funds ("HOME Funds") not to exceed TWENTY-FIVE THOUSAND AND NO/100 Dollars ($25,000.00) for the rehabilitation and expansion of TCSHI's facility located at 929 Hemphill St, Fort Worth TX which will provide rental housing for persons with AIDS (the "Program"). The HOME Funds will be used as supplementary financing secured by a non-interest bearing, deferred, forgivable loan from CHDO set-aside funds for project-related soft costs on the existing structure located at TCSHI's facility and are provided as a match to a $25,000.00 challenge grant awarded to TCSHI by the Enterprise Foundation, all in accordance with the attached Exhibit "A" — Program Summary. The HOME Funds may be used for eligible activities in connection with the Program set forth in the HOME Regulations including but not limited to staff and overhead costs directly related to carrying out the Program. The HOME Funds will be disbursed to TCSHI on a drawdown basis upon request. The City hereby certifies that TCSHI 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 or her duly authorized representative, unless otherwise stated in this Contract. TCSHI agrees to comply with the HOME Regulations and applicable City Codes and regulations. B. Duration/Period of Affordability This term of this Contract begins on the date of its execution and terminates twelve (12) months thereafter except that the provisions relating to affordability shall remain in effect through the applicable period of affordability provided by HOME Regulations, depending on the number of rental units rehabilitated or constructed under the Program. This Contract may be extended for an additional one (1) year term. TCSHI shall request the extension in writing and submit the request to City sixty (60) days prior to the end of the Contract term. It is specifically understood that it is within the City's sole discretion whether to approve or deny the request. Any such extension must be in writing as an amendment to this Contract and approved by the City Manager or his or her designee. The rental housing units owned or developed by TCSHI as part of the Program must qualify as affordable rental housing as defined in the HOME Regulations. If the housing units do not qualify as affordable rental housing, the loan proceeds under this Contract are immediately due and payable to the City. HOME FUNDS CHODO SET-ASIDE Page 2 Samaritan House, Inc. Rev. 1-21-05 The rental housing units assisted under this Contract will remain affordable as required by 24 CFR Part 92.254 of the Regulations. Housing purchased, renovated or constructed with HOME Funds must remain affordable housing for the following minimum time periods: 5 years where the per unit amount of HOME Funds provided is less than $15,000; 10 years where the per unit amount of HOME Funds provided is $15,000 to $40,000; and 15 years where the per unit amount of HOME Funds provided is greater than $40,000. TCSHI must repay the City any HOME Funds attributable to any unit or units that do not maintain the HOME affordability requirements. Further, the rental housing units must remain affordable without regard to the term of any mortgage or transfer of ownership, pursuant to the terms of the loan documents, beginning on the later of the date the project is complete or entered into HUD's IDIS System. C. Income Eli 'bilit� The HOME Program uses the income definitions used in the Section 8 Program. Annual income includes earned income, income from assets, and income from other sources as defined by 24 CFR Part 5.609. Annual income is used to establish tenant eligibility. TCSHI shall use the most current HUD Program Income Guidelines to determine Program eligibility. D. Tenant Selection TCSHI must adopt written tenant selection policies and criteria that: 1. Are consistent with the purpose of providing housing for very low-income and low- income persons; 2. Are reasonably related to Program eligibility and the applicants' ability to perform the obligations of the lease; 3. Provide for a) the selection of tenants from a written waiting list in the chronological order of their application, insofar as is practicable; and b) the prompt written notification to any rejected applicant of the grounds for such rejection. E. Lease TCSHI shall use a lease that complies with the provisions in the HOME Regulations, 24 CFR Part 92.253. F. Construction and Other Local Building Codes/ Standards. Housing units constructed under this Contract shall meet City's Housing Minimum Quality Standards and all other applicable standards under the City Codes and ordinances. G. Other Requirements TCSHI will be required to execute a Note and Deed of Trust and Assignment of Rents HOME FUNDS CHODO SET-ASIDE Page 3 Samaritan House, Inc. Rev. 1-21-05 ("Loan Documents") in conjunction with this Contract. The City shall retain a first lien position on the Property prior to the consummation of the construction loan. The City's loan will be subordinated to TCSHI's construction loan or permanent financing. TCSHI shall demonstrate that the CHDO funds shall be leveraged by other funding sources for CHDO ineligible costs. H. Independent Contractor TCSHI shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. TCSHI shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, program participants, licensees or invitee. The doctrine of respondeat superior shall not apply as between City and TCSHI, its officers,members, agents, servants, employees, subcontractors, program participants, licensees or invitee, and nothing herein shall be construed as creating a partnership or joint enterprise between City and TCSHI. It is expressly understood and agreed that no officer,member, agent, employee, subcontractor, licensee or invitee of TCSHI, 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 TCSHI, 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 TCSHI, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged; and TCSHI hereby indemnifies and holds harmless City and its officers, agents, and employees from and against any and all claims or suits pertaining or connected with such property. I. Termination City may terminate this Contract in the event of TCSHI's default, inability or failure to perform, or otherwise whenever such termination is determined by the City to be in the City's best interest. Likewise, this Contract may be terminated by TCSHI if the City does not provide the HOME Funds set forth in this Contract. The Contract may be terminated for mutual convenience upon agreement of the parties. The Parties acknowledge that the HOME Funds paid hereunder as Program funds are intended to provide only partial funding for TCSHI's project-related soft costs. City may terminate this Contract if TCSHI does not obtain funds other than HOME Funds to implement the Program during the Contract term. City shall notify the TCSHI in writing of any breach of this Contract, and specify a HOME FUNDS CHODO SET-ASIDE Page 4 Samaritan House, Inc. Rev. 1-21-05 reasonable time within which to cure the particular breach. If TCSHI fails to cure the breach within the time stated in the notice, this Contract shall automatically terminate at the expiration of the stated time allowed for cure. TCSHI will return to City any unused HOME Funds previously distributed under this Contract within thirty (30) days of the effective date of Contract termination. City will have no responsibility or liability for TCSHI's expenditures or actions occurring after the effective date of Contract termination. J. Venue Venue for any action, whether real or asserted, at law or in equity, arising out of the execution, performance, attempted performance or non-performance of this Contract, shall lie in Tarrant County, Texas. K. Written Instrument is Entire Agreement All terms of this Contract shall apply to any and all subcontractors of TCSHI which are in any way paid with HOME Funds or who perform any work in connection with TCSHI's Program. The provisions of this Contract are severable, and, if for any reason a clause, sentence, paragraph or other part of this Contract shall be determined to be invalid by a court or Federal or state agency, board or commission having jurisdiction over the subject matter hereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. City's failure to insist upon the performance of any term or provision of this Contract or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of 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. 2. DUTIES AND RESPONSIBILITIES OF CITY HOME FUNDS CHODO SET-ASIDE Page 5 Samaritan House, Inc. Rev. 1-21-05 A. Disbursement of Funds The City will furnish HOME Funds for use as stated herein. City will monitor the use of such funds to ensure appropriate use. Funds shall be disbursed after execution of this Contract and compliance with the provisions herein. Payment to TCSHI shall require completion of appropriate City forms and copy of adequate supporting documentation. B. Amount of Funds It is agreed that the total distribution of HOME Funds made available to or paid on behalf of TCSHI during the term of this Contract shall not exceed the total sum of TWENTY-FIVE THOUSAND and NO/100 Dollars ($25,000.00). 3. DUTIES AND RESPONSIBILITIES OF TCSHI A. Statement of Work and Performance Objectives TCSHI will utilize HOME Funds for Program-related soft costs for the renovation and expansion of its existing structure to produce housing units for lease to qualified low-income tenants in accordance with the attached Exhibit"A"—Program Summary. B. Budget TCSHI agrees that the HOME Funds will be expended in accordance with the attached Exhibit B - Program Budget. No change in the Program Budget shall be made without City's prior written approval. Under no circumstances shall the total amount of Program funds expended by TCSHI from funds paid by the City exceed TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00). TCSHI shall demonstrate that the CHDO funds shall be leveraged by other funding sources. C. Time Line for Goals and Expenditures TCSHI shall work in accordance with the schedule set forth in the attached Exhibit C - Program Implementation Timeline and ensure that Program goals and expenditures correspond with the completion of the Program. D. Reversion of Assets TCSHI agrees to return to 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 end of the term of this Contract, they shall be returned to City to be deposited HOME FUNDS CHODO SET-ASIDE Page 6 Samaritan House, Inc. Rev. 1-21-05 in the accordance with HOME Regulations. E. Affirmative Marketing TCSHI must adopt affirmative marketing procedures and requirements for all HOME- funded housing. The procedures and requirements must include methods for informing the public, owners and potential tenants about Fair Housing laws and policies so as to ensure that all individuals, without regard for race, color, religion, sex, national origin, familial status or disability, are given an equal opportunity to participate in the Program. TCSHI will be solely responsible for the effective marketing responsibilities necessary to achieve the TCSHI's Program goals. F. Recapture Provisions 1) If TCSHI retains ownership of the property for the full period of affordability, no recapture restrictions will apply. 2) Any sale of the property by TCSHI during affordability period will require repayment of the HOME Funds to the City. 3) Refinancing of the property by TCSHI shall require the review and prior written approval of the City. 4) TCSHI understands that these specific property recapture provisions are applicable on HOME assisted properties, including the requirement that the rents on the units remain affordable during the affordability period set forth in this Contract. G. Recordkegpin 1. TCSHI will keep or cause to be kept an accurate record of all actions taken and all funds expended, with source documents, in the pursuit of the objectives of the performance of this Contract. Such records shall be kept for the period of affordability mandated by the Regulations. 2. Contractor will obtain and keep on file the following information on each client served by the Program: 3. Annual income and size of the household; 4. Ethnic group, using one of the following five categories: White, not Hispanic; Black, not Hispanic; Hispanic; Asian or Pacific Islander; American Indian or Alaskan Native; HOME FUNDS CHODO SET-ASIDE Page 7 Samaritan House, Inc. Rev. 1-21-05 5. Whether the head of household is male or female; is a single male or female householder with or without children; 6. Any additional statistical information as may be required by the City Housing Department or HUD Regulations and any amendments thereto. TCSHI will keep on file the following information and documentation on each individual project: 1. Proof that the project meets the applicable property and other standards; 2. The per unit amount of HOME and non-HOME dollars invested; 3. The compliance with the affirmative marketing requirements and existence of acceptable procedures; 4. Compliance with relocation requirements, if applicable; 5. Minority and female owned business data, and affirmative fair housing actions; and 6. Compliance with conflict of interest rules. H. Reports TCSHI will submit to City monthly activity reports due by the 15th of the each month of the services provided by TCSHI as a result of this Contract which relate to the Program in any way during the affordability period, with the first report due February 15th 2005. TCSHI will supply the City with a report detailing: 1. Progress toward goal achievement; 2. The amount of leveraging generated by this forgivable loan, including items that qualify as HOME match. 3. Reports shall be submitted in the format specified by City. TCSHI will submit to City annually a copy of the report TCSHI provides to TDHCA on the Low-Income Housing Tax Credits. TCSHI will also provide City with a copy of its annual cash flow statement. I. Cost Principles HOME FUNDS CHODO SET-ASIDE Page s Samaritan House, Inc. Rev. 1-21-05 TCSHI shall administer the Program in compliance with OMB Circular A-122, "Cost Principles for Non-Profit Organizations", as amended from time to time and with the following: All non-federal entities that expend $500,000 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 specific reference to OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations". The audit may cover either TCSHI'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 twelve (12) months following the end of the period being audited and be submitted to City within thirty (30) days of its completion. TCSHI's audit certification is attached hereto as Exhibit D — "Audit Certification Form" and "Audit Requirements". The Audit Certification Form must be submitted to City within sixty(60) days of the end of period being audited (TCSHI's fiscal year). 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 TCSHI's total agency operating budget. Non- profit entities that expend less than $500,000 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, City, and General Accounting Office. City reserves the right to perform an audit of TCSHI'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-133, and TCSHI agrees to allow access to all pertinent materials as described in Section G, Record Retention and reports. If such audit reveals a questioned practice or expenditure, such questions must be resolved within(15) days after notice to TCSHI of such questioned practice or expenditure. If questions are not resolved within this period, City reserves the right to withhold further funding under this Contract and/or future contract(s) with TCSHI. If as a result of any audit it is determined that TCSHI has misused, misapplied or misappropriated all or any part of the HOME Funds, TCSHI agrees to 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 by HUD because of such misuse, misapplication or misappropriation. J. Monitor Effectiveness of Services and Work The City will review the activities and performance of each TCSHI and subrecipient not less than annually as required in Section 92.504 (e) of the HOME Regulations. TCSHI agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by TCSHI's compliance with the terms of this Contract. City shall have access at all reasonable hours to offices and records (dealing with the use of the funds that HOME FUNDS CHODO SET-ASIDE Page 9 Samaritan House, Inc. Rev. 1-21-05 are the basis of this Contract) of TCSHI, its officers, directors, agents, employees, and subcontractors for the purpose of such monitoring. TCSHI agrees to likewise monitor the effectiveness of the services and work to be performed by its subcontractors. K. Compliance with All Applicable Laws and Regulations TCSHI agrees to comply with the following laws and the regulations as they are currently written or are hereafter amended during performance of this Contract: (1) Federal 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 12086 and as supplemented by Department of Labor regulations 41 CFR, Part 60 The Age Discrimination in Employment of 1967 (29 USC et seq.) The Age Discrimination Act of 1975 (42 USC 6101 et seq.) Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part 8 where applicable National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq. ("NEPA")and the related authorities listed in 24 CFR Part 58 The Clean Air Act, as amended, (42 USC 1251 et seq.) and the Clean Water Act of 1977, as amended (33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part 15, as amended from time to time, and Executive Order 11738. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. Immigration Reform and Control Act of 1986 (8 USA 1101 et seq.) specifically including the provisions requiring employer verifications of legal status of its employees The Americans with Disabilities Act of 1990 (42 USC 12101 et seq.), the Architectural Barriers Act of 1968, amended, (42 USC 4151 et seq.) and the Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A HOME Investment Partnerships Act at Title II of the Cranston Gonzales National Affordable Housing Act of 1990, as amend, 42 U.S.C. 12701 et seq. ("NAHA") Regulations at 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons Drug Free Workplace Act of 1988 (41 USC 701 et seq.) and 24 CFR Part 23, Subpart F Executive Order 12549 and 24 CFR Part 5.105 (c) pertaining to restrictions on participation by ineligible, debarred or suspended persons or entities HOME FUNDS CHODO SET-ASIDE Page 10 Samaritan House, Inc. Rev. 1-21-05 Regulations at 24 CFR Part 882.708 (c) pertaining to site and neighborhood standards for new construction projects (2) Section 3 of the Housing and Urban Development Act of 1968 as amended (12 USC 1701 u et seq.) and its related regulations at 24 CFR Part 135 As the work performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that the following clause be inserted in all covered contracts ("Section 3 Clause"): "A. The work to performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assisted or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this Contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this Contract, the parties to this Contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representatives of the contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees that it will include this Section 3 clause in every subcontract to comply with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian HOME FUNDS CHODO SET-ASIDE Page 11 Samaritan House, Inc. Rev. 1-21-05 housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian—owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b)." City and TCSHI understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Program, binding upon the City and TCSHI, and their respective successors, assigns and subcontractors. Failure to fulfill these requirements shall subject TCSHI and its subcontractors, and their respective successors and assigns, to those sanctions specified by the Grant Agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. (3) Other Laws TCSHI 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 City ordinances, rules and regulations and the HOME Regulations. TCSHI further promises and agrees that it has read, and is familiar with, the terms and conditions of the Federal grant under which HOME Funds are granted and that it will fully comply with them. It is agreed and understood that, if City calls the attention of TCSHI to any such violations on the part of TCSHI or any of its officers, members, agents, employees, Program participants or subcontractors, then TCSHI shall immediately desist from and correct such violation. (4) Prohibition Against Discrimination TCSHI, in the execution, performance or attempted performance of this Contract will not discriminate against any person because of sex, race, religion, color or national origin, or familial status, nor will TCSHI permit its officers, members, agents, employees, subcontractors or Program participants to engage in such discrimination. During the performance of this Contract TCSHI agrees, and will require all its subcontractors to agree, as follows: TCSHI will not unlawfully discriminate against any employee or applicants for employment because of race, color, religion, sex or national origin. TCSHI 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, HOME FUNDS CHODO SET-ASIDE Page 12 Samaritan House, Inc. Rev. 1-21-05 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. TCSHI agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. TCSHI will, in all solicitations or advertisements for employees placed by or on behalf of TCSHI, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. TCSHI 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. TCSHI 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"), TCSHI 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 TCSHI or any of its subcontractors. TCSHI 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 TCSHI's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. This Contract is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article I1I, Division 3 ("Discrimination in Employment Practices"), of the City Code of the City of Fort Worth, and TCSHI hereby covenants and agrees that TCSHI, 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 TCSHI or its officers, members, agents, employees or subcontractors. HOME FUNDS CHODO SET-ASIDE Page 13 Samaritan House, Inc. Rev. 1-21-05 (5) Prohibition Against Interest No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which the Program is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the program funded hereunder during his tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. TCSHI shall incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts entered into in connection with the Program. No officer, employee, member or Program participant of TCSHI or its subcontractors shall have a financial interest, direct or indirect, in this Contract or the HOME Funds transferred hereunder or be financially interested, directly or indirectly, in the sale to TCSHI of any land, materials, supplies or services purchased with any funds transferred hereunder, except on behalf of TCSHI, as an officer, employee, member or Program participant. Any willful violation of this paragraph with the knowledge, expressed or implied, of TCSHI or its subcontractors shall render this Contract voidable by the City. No officer, employee, agent, consultant, elected official or appointed official of the participating jurisdiction, Contractor or its subcontractors who exercised any functions or responsibilities with respect to activities assisted with HOME funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME assisted activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. (6) Minority and Women Business Enterprise Commitment TCSHI agrees to abide by the City's policy to involve Minority and Women Business Enterprises ("M/WBEs") 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, TCSHI agrees to incorporate City Ordinance No. 15530, and all amendments or successor policies thereto, into all contracts and subcontracts and will further require all persons or entities with whom it contracts to comply with said ordinance. L. Assignment TCSHI 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 HOME FUNDS CHODO SET-ASIDE Page 14 Samaritan House, Inc. Rev. 1-21-05 has the right to inspect and approve in writing any proposed subcontracts between TCSHI and any subcontractor engaged in any activity in conjunction with this HOME funded project prior to any charges being incurred. M. Indemnification and Release TCSHI 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 HIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT 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 TCSHI 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 HINDS 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. TCSHI LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY 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 TCSHI, 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. IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH TCSHI AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY BY TCSHI TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ALLEDGED TO BE THE SOLE OR CONCURRING CAUSE OF HOME FUNDS CHODO SET-ASIDE Page 15 Samaritan House, Inc. Rev. 1-21-05 THE INJURY, DAMAGE OR DEATH. TCSHI AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTIAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY THE CITY'S SOLE OR CONCURRENT NEGLIGENCE. TCSHI SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO INCLUDE IN THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. N. Waiver of Immunity If TCSHI, 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. O. Insurance and Bonding TCSHI will maintain blanket fidelity coverage in the form of insurance or bond in the amount of$25,000.00, to insure against loss from the fraud, theft or dishonesty of any of TCSHI'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 Funds 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 use and benefit of TCSHI. TCSHI shall furnish to City, in a timely manner, certificates of insurance as proof that it has secured and paid for policies of commercial insurance as specified herein. Such insurance shall cover all insurable risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this Contract. TCSHI shall maintain the following coverages and limits thereof: 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 HOME FUNDS CHODO SET-ASIDE Page 16 Samaritan House, Inc. Rev. 1-21-05 $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 above coverage, and at the discretion of the TCSHI, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of TCSHI'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. TCSHI or its subcontractors shall maintain coverages. In the event the respective subcontractors do not maintain coverage, the TCSHI shall maintain the coverage on such subcontractor for each applicable subcontract. Directors and Officers Insurance Optional (Highly Recommended) Note: This insurance shall cover TCSHI and any member of its Board of Directors. Additional Requirements Such insurance amounts shall be revised upward at City's option and that TCSHI shall revise such amounts within thirty(30) days following notice to TCSHI of such requirements. TCSHI will submit to City documentation that it has obtained insurance coverage and has executed bonds as required in this Contract prior to payment of any monies provided hereunder. Each insurance policy shall be endorsed to provide City with a minimum sixty(60) days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. Insurance policies required herein shall be endorsed to include City as an additional insured as its interest may appear. Additional insured parties shall include employees, officers, agents, and volunteers of the City. 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 City. HOME FUNDS CHODO SET-ASIDE Page 17 Samaritan House, Inc. Rev. 1-21-05 f Any failure on part of the City to request certificate(s) of insurance shall not be construed as a waiver of such requirement or as a waiver of the insurance requirements themselves. Insurers of TCSHI'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 City. In the event there are any local, federal or other regulatory insurance or bonding requirements for the Program, and such requirements exceed those specified herein, the former shall prevail. TCSHI shall require its subcontractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and, TCSHI shall require its subcontractors to provide TCSHI with certificate(s) of insurance documenting such coverage. Also, TCSHI shall require its subcontractors to have City and TCSHI endorsed as additional insureds (as their interest may appear) on their respective insurance policies. TCSHI 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. P. Certification Regarding Lobbying The undersigned representative of TCSHI 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 TCSHI, 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 HOME FUNDS CHODO SET-ASIDE Page 18 Samaritan House, Inc. Rev. 1-21-05 cooperative agreement, TCSHI shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certificate is a prerequisite for making or entering into this Contract imposed by 31 USC Section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than$100,000.00 for each such failure. TCSHI shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of Federal funds. Q. MISCELLANEOUS PROVISIONS All terms of this Contract shall apply to any and all subcontractors of TCSHI who are in any way paid with HOME Funds or who perform any work in connection with the Program. All notices required or permitted by this Contract must be in writing and are deemed delivered on the earlier date of the date actually received or the third day following(i) deposit in a Untied States Postal Service post office or receptacle; (ii) with proper postage, certified mail return receipt requested; and (iii) addressed to the other party at the address set out in the preamble of this Contract or at such other address as the receiving party designates by proper notice to the sending party. If applicable, TCSHI must meet conditions and limitations for use of HOME Funds involving a primarily religious entity as set forth in the HOME Regulations. TCSHI shall notify City in writing of any changes in its 501 (c) (3) tax exempt status during the term of this Contract as well as any other change that alters TCSHI's certification as a CHDO under the HOME Regulations. TCSHI agrees to document its continued compliance, including but not limited to an annual board roster and certification of continued compliance. [SIGNATURES APPEAR ON FOLLOWING PAGE] HOME FUNDS CHODO SET-ASIDE Page 19 Samaritan House, Inc. Rev. 1-21-05 IN WITNESS WHEREOF, the Parties bereto have exec ted four copies of this Contract in Fort Worth, Tarrant County, Texas, this l �_� ay of , 2005. ATTEST: CITY OF=I-4-M ad�vc/K b_�� By :City Secretary Dale A. Fisseler Assistant City Manager APPROVED AS TO F RM AND LEGALITY: ` I c'ri Lr act Au--hor-1"z a " Assistant City Attorney - f;ate TARRANT COUNTY SAMARITAN HOUSING INC. By: Stev utton Executive Director STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on / , 2005 by Dale A. Fisseler, the Assistant City Manager, of the City of Fort Wort H, on behalf the City of Fort Worth. N11 M� KATHY F.DURHAM a. MY COMMISSION EXPIRES Notary Pub c, State of Texas January 24,2009 STATE OF TEXAS § TED A.Notar fate exas COUNTY OF TARRANT § My res This instrument was acknowledged before me on � 2005 by Steve Dutton, the Executive Director of Tarrant Co unty S aritan Ho",in Inc., a Texas non- profit corporation, on behalf of said corporation. Notary Public, State of Texas HOME FUNDS CHODO SET-ASIDE Page 20 Samaritan House, Inc. Rev. 1-21-05 HOME FUNDS CHODO SET-ASIDE Page 21 Samaritan House, Inc. Rev. 1-21-05 EXHIBIT "A" PROGRAM TITLE& SUMMARY SCOPE OF WORK Samaritan House Match Grant Program DESCRIPTION: The express purpose of this agreement is to provide Tarrant County Samaritan House with supplementary financing in the form of a non-interest bearing, deferred, forgivable loan (HOME funds) from CHDO set-aside funds for project-related soft costs on the existing structure located at 929 Hemphill in Fort Worth in the amount of $25,000. The Enterprise Foundation has awarded a $25,000 challenge grant to SAMARITAN HOUSE, INC. and the City is providing the $25,000 as the match for this grant. SPECIFIC PURPOSE: The Enterprise Foundation has awarded a $25,000 challenge grant to Tarrant County Samaritan House and the City desires to match the Enterprise grant funding in the amount of $25,000 for the improvement/rehab to the existing structure located at 929 Hemphill in Fort Worth. These funds are to be used to reimburse TCSH staff for expenses and staff time incurred as they worked on the Housing Tax Credit application, specifically for the existing building's rehabilitation. PROGRAM OBJECTIVES: PROGRAM MEASURES: Estimated Budget 2005 • Reimburse for expenses that have been $25,000 1. Match must be received incurred Final Program Operation Costs $25,000 TOTAL PROGRAM BUDGET $25,000 ; EXHIBIT`B" PROPOSED OPERATING BUDGET FOR YEAR I&H Total CDBG HOME Other Sources Budget Funds Funds [A] [B] [C] [D] Fundraising PERSONNEL SERVICES $25,000.00 $25,000.00 $25,000.00 Challenge * Grant Salary Reimbursement $25,000.00 $25,000.00 $25,000.00 SUPPLIES CONTRACTUAL SERVICES CAPITAL OUTLAY TOTAL $25,000.00 $25,000 i $25,000.001 1 U N W � O "O O H c7 0 a N F o 0 O: 4 10 W W � a � H � Ucn a EXHIBIT D CITY OF FORT WORTH HOUSING DEPARTMENT Audit Certification Form Subrecipient:} Fiscal Year Ending: I I Mo Day Yr ❑ We have exceeded the federal expenditure threshold of $300,000. We will have our Single Audit or Program Specific Audit completed and will submit the audit report within nine (9) months after the end of the audited fiscal year. ❑ We did not exceed the $300,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedule below) Federal Expenditure Disclosure Federal Funds Must be filled out if Single Audit or Program Audit is not required: Pass Through Program Name & Contract Federal Grantor Grantor CFDA Number Number Expenditures Total Federal Expenditures for this Fiscal Year $ Printed Name Title (Must be CFO, CEO or equivalent) Authorized Signature(Must be CFO, CEO or equivalent) Phone Number Date Failure to submit this or a similar statement or failure to submit a completed single audit package as described in the audit requirements by the required due date will result in suspension of funding and will affect eligibility for future funding. Submit this form to the City of Fort Worth within 60 days after the end of your Fiscal year CITY OF FORT WORTH HOUSING DEPARTMENT AUDIT REQUIREMENTS Organizations expending $300,000 or more in federal awards (from City of Fort Worth and other funding sources) during their fiscal years shall obtain either an annual single audit or a program specific audit. Organizations may have a program specific audit in accordance with OMB Circular A-133 if they expended funds for only one federal program as listed in the Catalog of Federal Domestic Assistance (CFDA). If funds are spent for more than one federal program, a single audit is required. The audited time period is the organization's fiscal year, and not the City of Fort Worth's funding period. The audit shall be conducted by a certified public accountant (CPA) that is licensed at the time of the audit by the appropriate regulatory body. The CPA shall meet all of the general standards concerning qualifications, independence, due professional care and quality control as required by Government Auditing Standards, including the requirements for continuing professional education and external peer reviews. Auditor selection must adhere to federal/City procurement requirements. A separate supplementary schedule of revenues, expenditures and changes in fund balance for each City of Fort Worth contract is no longer required. The Schedule of Expenditures of Federal Awards should list City of Fort Worth 's contract numbers, the total expended for each individual federal program, and the CFDA number (OMB A-133 § .310). The independent auditor's report, should include all of the relevant items listed on the "Audit Report Checklist." Additional guidance on the conduct and reporting of these audits is contained in the latest issuance of the following publications: Government Auditing Standards issued by the Comptroller General of the United States, 2003 OMB Circular A-133 as revised 6/30/97 and amended June 2003 OMB Circular A-133 Compliance Supplement AICPA's Statement of Position 98-3, "Audits of States, Local Governments, and Not-for-Profit Organizations Receiving Federal Awards" Various AICPA audit guides for nonprofits, colleges and universities and health and welfare organizations AICPA's Audit Risk Alert "State and Local Governmental Developments" All organizations that receive a City of Fort Worth award must submit the provided Audit Certification Form which certifies whether you are subject to a single/program audit. Organizations receiving federal awards from the City of Fort Worth who are not required to have an audit shall certify in writing to the agency. The organizations Chief Executive Officer or Chief Financial Officer shall make the certification within 60 days of the end of the organization's fiscal year. h The following items should be submitted to the City of Fort Worth Housing Department within the required timeframe: Due 60 days after organization's fiscal year end: (required for all subrecipients) • Completed Audit Certification Form Due within the earlier of 30 days after receipt of the auditor's report or nine months after the end of the audit period • Two copies of the entire audit report issued by the CPA • Two copies of any management letter issued by the CPA in conjunction with the audit report • Two copies of management's comments on all findings, recommendations, & questioned costs contained in the audit report and management letter, including a detailed corrective action plan Failure to submit any of these items by the required due date may result in holds on current draw requests, suspension of the organization's contract(s) and eligibility for future funding. If the organization does not meet the- requirements of having a single/program audit conducted, records must still be kept available for review or audit by City of Fort Worth staff (OMB A-133 Subpart B Sec 200(d). If additional information is needed concerning the audit requirements, please call (817) 392-6141. CITY OF FORT WORTH HOUSING DEPARTMENT SINGLE AUDIT REPORT CHECKLIST The Department developed this checklist to help organizations improve the quality and completeness of audit reports. } General Purpose or Basic Financial Statements of the Organization Opinion/Report on Organization's Financial Statements in accordance with Government Auditing Standards Notes to the General Purpose or Basic Financial Statements of the Organization A Schedule of Expenditures of Federal Awards including the Department's contract numbers, the total expended for the federal program, and the CFDA number (OMB A-133 Subpart C Sec 310). Opinion/Report on Schedule of Expenditures of Federal and State Awards Report on Compliance and on Internals Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards. (OMB A-133 § 505 (b)) Report on Compliance with Requirements Applicable to Each Major Program and Internal Control over Compliance in Accordance with OMB Circular A-133. (OMB A-133 § 505 (c)) Schedule of Findings and Questioned Costs (OMB A-133 §. 505d), including: Summary Schedule of Prior Audit Findings reporting the status of all findings included in the prior audit's schedule of findings and questioned costs. (OMB A- 133 Sec. 315 (a) and (b)) Corrective Action Plan including (OMB A-133 Sec. 315 (c)) name of person responsible for the corrective action, corrective action planned, anticipated completion date, and explanation and reason if auditee does not agree with findings or believes correction is not required. All reports are signed and dated by the auditor Two copies of the audit reports are submitted Two copies of the management letter, if issued in conjunction with the audit report Two copies of comments by management concerning all findings and recommendations included in management letter, including a corrective action plan City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11130/2004 DATE: Tuesday, November 30, 2004 LOG NAME: 05SAMHOUSE REFERENCE NO.: **C-20411 SUBJECT: Authorize Allocation of Community Housing Development Organization Program Funds for SAMARITAN HOUSE, INC. RECOMMENDATION: It is recommended that the City Council: 1. Authorize the allocation of $25,000 in HOME Investment Partnership Program Funds from the Community Housing Development Organization (CHDO) to SAMARITAN HOUSE, INC. in the form of a deferred loan for project-related soft costs on the proposed Samaritan House facility, which will benefit low and moderate income families and those with special needs; 2. Authorize the City Manager to execute a contract and ancillary loan documents with SAMARITAN HOUSE, INC. for a loan amount not to exceed a total of$25,000; 3. Authorize the contract performance period to begin on the date of the contract execution and end twelve months thereafter; 4. Authorize extension or renewal of the contract for up to one year, if the organization requests an extension; and 5. Authorize the City Manager to amend the contract, if necessary, to achieve project goals provided that the amendment is within the scope of the project and in compliance with applicable laws and regulations. DISCUSSION: The HOME Investment Partnership Program is intended to be a partnership between federal, state, local government, and non-profit and for profit agencies who build, own, manage, or finance homes and support low income housing initiatives. HOME Participating Jurisdictions such as the City of Fort Worth, are particularly encouraged to work with existing community-based non-profit housing organizations, such as SAMARITAN HOUSE, INC. As such, 15% of the annual HOME allocation is set aside for use by these community-based non-profits. SAMARITAN HOUSE, INC. has been providing low-income housing options for persons with AIDS in their fifty-two Single Room Occupancy (SRO) facility at 929 Hemphill since 1996. Recently, SAMARITAN HOUSE, INC. submitted an application to the Texas Department of Housing and Community Affairs for Low-Income Housing Tax Credits (LIHTC). The application was approved and the proceeds of the tax credits will be used to rehabilitate and expand the existing SRO facility and construct sixty-six new units at 1004 Hemphill. The amount of the tax credits will be approximately $7 million. The total cost of this project will be approximately $8,725,000 and all of the units will serve low and moderate-income families. r ACCAAdLTnTT0T. _r-, SAMARITAN HOUSE, INC. is currently in a capital campaign to raise funds to subsidize the remaining construction costs so that operating revenues may be diverted into services such as meals, medical care case management, counseling and life skills training. The Enterprise Foundation has awarded a $25,000 challenge grant to SAMARITAN HOUSE, INC. and the City is being asked to provide $25,000 as the match for this grant. The application for the LIHTC was certified as consistent with the City of Fort Worth's Consolidated Plan and the design was approved by various neighborhood groups including Fort Worth South. Any funds provided by the City of Fort Worth would be used in the construction of the project and would be contingent upon the receipt of the Enterprise Foundation funds. The Housing & Workforce Development Committee endorsed this recommendation to City Council on October 19, 2004. The project is located in COUNCIL DISTRICT 9 and serves ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Grants Funds. TO Fund/Account/Centers FROM Fund/Account/Centers (1)GR76 539120 005206846XXX $25.000.00 (1) GR76 539120 005206846030 $25.000.00 Submitted for City Manager's Office b Dale Fisseler (Acting) (6266) Originating Department Head: Jerome Walker (7537) Additional Information Contact: Roy C. Lopez (7336) T nnnnma• OVZAAifUnTTQR