HomeMy WebLinkAboutContract 27872 (2)�eN � ��E�� y � ���
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STATE OF TEXAS
COUNTY OF TARRANT
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THIS contract is made and entered into by and between the City of Fort Worth {"City"),
acting by and through Reid Rectar, its duly authorized Assistant City Manager, and Valunteers oi
America Texas {"Contractor"), by and through David Narth, its duly authoriz�d President.
Cantractor's bus'sn�ss address is 1424 Hemphill, Fort Warth, Texa.s 76104.
WHEREAS, the City oiFort Warth {"City") has received a grant from the United States
Department of Housing and Urban Developm�nt ("HUD") thraugh the Home Investment
Partnerships Prografn ("HOME"), Frogram No. M-OI�MC-48-0204, with which the Citq des�res
to promote acti�iti�s that expand the supply of affordable housing and the development of
partnerships among the City, local governments, lacal lenders, priva#e industry a.nd neighbarhaod
based nonpraiit housing arganizations; and
WHEREAS, the primary purpose of the HOME program pursuant to the Nat'ronal
Affordable Hflusing Act af 1990 ("NAHA") and 24 CFR 92, ("the Regulations") is to benefit low
and very low-income citizens by providing them with affordable hausing; and
WHEREAS, Contractor, a nonprofit corporation managed by a volunt�er Board af
Directors, is working #o increase the number af decent, affordable housing units available to low
and moderate incame persans; and
WHEREAS, Contractor is the recipienf of a U. S. Department of Housing and Urgan
Development {HCTD} Section 8] 1 Supportive Housing for Persons with Disabilities' Capital
Advance Grant in the amount of $1,127,400.
WI�REAS, the citizens and the City Council of Fort Worth have determined that the
development of safe, decent and affordab�e hausing is needeci for maderate, low and very law-
income citizens of Fort Worth;
NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH:
1. GENERAL PROVISIONS
A. Pumose
The express purpase of this contract is to pravide Contractor with HOME funds not to
exceed ONE HUNIDRED FIFTY THOUSAND DOLLARS ($lSa,oao.ao�, which shall be an
non-interes�-bearing Ioan as set fort� in a Deed of Trust and Note between the City and
Contra�tor, £or the purchase af real property le�ally described as Block 4 Lot A2, West Plaza
Addition, Fort Worth, Tarrant County, Texas (t�e "Property").
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The �ligible casts are those allowed under t�e HQME regulations for the specific
activities delineated in the above paragraph. These funds will b� disbursed to Contracfiar on a
drawdown basis upon request.
The Ciiy hereby certifies that Contractor is a non profit organizatian and acts as a housing
devela�er as defined by HUD.
The C:ity shall act throug�i its agent, the City� Manager, ox his duly authorized
representative, unless otherwise stated in this agreement. Contractor agrees to cornply with the
uniform administrative requirements conta.ined in Section 92.505 of the HOME regulations,
including Subpart F, �,nd applicable City Codes and regulations.
2. Dtaration I Period of Affordabilitv / Proi ect Re»ortin�
This contract begins or� �he date af exec�ution of this contract and terminates six (G)
months after executian of the contract exeept that the �rovisions relating to aFfo:rdability and
projeci reporting shall remain in effect throngh the period of affordability of the rental units
under this pragram as provided by HOME Regulations. This contract may be extended for one
(b) manth term. Contractor shall request the extension in writing and submit the request to the
City sixty (60} days prior to the �nd of the contract. It is specifically understood that it is the
City's sole discretion whet�er to apprave or deny t�ie :request.
The housing owned or developed by Contractor must qualify as affordable rental hausing
as defined in as required by Section 92.252 af the Regulations. If the hausing does not qualify a,�
a.ffordable rerital housing, the loan pr�cesds under tlus contract, ta the extent of any unpaid
amounts of the loan, are immediately due and payable ta the City.
The renial h�ousing px�ject mus� remain affordable without regard to the tertn of any
mortgage or the transfer of ownership, pursuant to deed reslxictions, beginning after project
completion, for not less than fifteen {15) yeats.
3. Income Elieibilitv
The HQME Program uses the incame definitions used in the Sectian $ Program. Annual
inc�ome inc�udes earned incame, income fram asset�, and income from ather sources as defined
by 24 CFR 813. Annual income is nsed to establish tenant eligibility, Ca�tractar shall use the
mast current HUD Pragram Tncame Guidelines io fle#ennine program e�igibi�ity,
4. Tenan� Selection
Contractor must adopt written tenant selection policies and criteria that:
A. Are consistent witih the purpose of pr�viding hvusing for very low�income and low-
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income persons;
B. .Axe reasonaUly related to program eligibility and the appiicants' ability to perform the
obligations of the lease;
C. Provxde �for a) the selection o£ tenants frflm a written wainng lis# in �he chronological
order of their a�plication, inso�ar as is practieable; and �} the prornpt wriiten
notiificatian to any rejected app�icant af t1�e grounds far rejection.
5. Leas�
The Contraetor sha�1 use a lease promulgated hy the City or U.S. Housing and Urban
DevElopment (HUn) to insure con�.pliance wiih tha pravisions in 24 CFR 92.253.
6. �ousin� Qualiiv and O#her Standards,,
Housing units cQnstructed under this cantraat sha11 mest Housing Quality 5tandards, Ciry
of Fort Worth Housing Rehabiiitatian Standards and all other applicahle �tandards under the City
Codes and ordinances.
7, ath�r Reau�rements
VOA w:ill be required to execute a 1�1'ate and Daed nf Txlzst and Assignm�nnt of Rents
t"Loan Documents"} :�n conjunction with tlus contract. The City shall retain a first lisn position
on the Property priar to the consummation of the constructian loan. The Loan w�1i be
subordinated at the �ime of con�ntc�ion or �ermanent financing of the Proj ect.
Con�ractor shall demonstrate t�at the CHDO funds sha11 be �everaged by oth�r fund.ing
saurces on CHDO ineligible casts.
Praject reporting requirements under �ection 13.G "Records and Reports" survive tha
expiration of tlus contract and are required during tk�e enti.�'e period of a�Fordabilrty. `
8. Indenenc�ent Contrac�9r
Cantractar shall aperate hereunder as an independent Contractnr and not as an afficer,
agent, sezvant or emplayee of the City. Cont�actor shall have exclusive conirol of, and the
exclusive right to contral the details of the work and services per�ormed hereunder, and all
persans performing same, and sha11 �e solely respansible for th� acts and omissions of its
Off1Ce,T5� 111P.lI'!�l�xSi agents, servants, emplayees, SLII]COri1��GtOrS, program participants, i1GeY15��5
or invitees. The docirine of respondc;at superior shall not apply as between City and Contractar,
its offic.ers, members, a�ents, servants, employees, subcontractors, pxogram participants,
licensees or invitees, and not�ing herein shall be construed as creating a partnership or joint
enterprise between Gity and Confractor. It is expxessly understood and agreed that no af�'icsr,
member, agent, ernployee, subcanfractar, Iicense�; or invitee of th� Contxacior, nor any program
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pat�iczpant hereunder, is in the paid service of City and that City daes nat have the lega� right to
cont�al ihe details of the tasks perfonned hereunder by Cont�ractar, its of�.cers, members, agent�,
emplayees, subcontractors, program participants, licensees or invitees.
City shall in r�o way nax under any circurnstances be responsii�le for any property
belonging to Contracfor, its aff cers, members, agents, employees, subcon�ractors, program
participants, licensees or invitees, which rnay be lost, stalen, destrQyed ar in any way darnaged;
and Contractor hereby inaemnifies and holds harmless City and its officers, agents, and
employees frarn and against any and aIi claims or suits.
9. Terrnination.
This contract may be terminated by the City in the �vent of de�ault, inability, ox failure to
perform an the part of Contractor, or whenever such termina�ion is determin�d by the City to be
in th� City's best interest. Likewise, the contract may be terinina�ed by Contractor if the Gity
does not provide fun.ds pursuant to th:is agreement. The contract may be ternunated for mutual
convenience upon agre�ment of the parties.
The parties acla�awledge tha� HOME f�nds paid her�und�r are intended to provide only
partia.i funding for Contractar's program operations. If non-HOME funds to implti;ment the
program are not forthcoming to the Con�ractor during the cantraci term, the Ci�y may terminate
this confiract.
Pursnant to the City's CHDO Program and Funding Requirem�nts, Contractar shall begin
canstruction work within 180 days from the date af caniract execution. Failure to start within the
I$0 day p�riod is grounds for contract teimination.
City sha11 no�ify the Cont�ractar in writing of any breach af this cantract, and specify a
reasonabie time withi� which to cura the partieular breach. After being notified af such br�ach,
and�if th� br�ach is deemed to be material, Contractor shall have a reasonable �ime to cure the
breach. If the Contractor fails to cure th� breach within a xeasanable ti�ne, not to exceed (6Q}
days, this cantract sha.11 a�tomatica�ly terxriinate.
Conttactor wi11 xcturn. to City any unused manies previously distributed under this
contract witlun thirty (30) days af the effective date of contract termination. City will have na
respansibility or liability for Con�ractor's expendifixres or actions occurring after th� effective
da�e of the Contract termination.
10. Venue
Shou�d any actian., whether real �or assarted, at law or in equity, arise out of the execution,
perfor�nance, attempted per�ormance ar nan-performance of this agreement, venue for sazd action
sha.11 be in Tarrant County, Texas.
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11. Written Instniment is Entire A�reement
All terms af this contract sha11 apply to any and all subcontractors of Contractor which
are in any way paid with HOME funds or who perform any work in connectian with Cont7ractor's
P�rogram.
The pro�+isions of this agreement are severable, and, if for any reason a clause, sentence,
para�raph or oth�r part of this agreement sha11 be determined ta be invalid by a court ar federal
or state agency, board or commission having jurisdic�ian over the subject matte�r thereof, snch
�invalidity shall not aff�ct other provisia�s which can be given effect without the in�alid
provision.
The failwre of the City to insist upon the performaz�ce vf any term ar provision of this
agreement or io exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of the City's right fa assert or rely upon any such ie:rm or right on
any iuture occasion.
This written instrument and the exhibits attached hereta, which are incorporaied by
reference and made a paxi of this contract for all purposes, constitutes the entire contract by the
parties hereto conc�rriing the work and services to be performed under this contxact. Anyprior ar
contemporaneous aral ar writ�en agreement, which purports to vary th� terms of this contract,
shall be void, Any amendmen�s to the ternis o#' this contract must be in writing and must be
approv'ed by each party to this contract. �
The paragraph heaclings contained her�in are for convenienee in reference to ihis contrac�
and are not intended to define ar to limit th� scop� of any provision af this contract.
12. DLJTIES AND RE�PONS]BILITTES OF CITY
A. Disbwrsement of Funds
The City wi11 furnish federal grant funds, (HUD H�ME Invesfinent Partnerships Program
No. M-01-MC-48-4204) fox t�se as 5tated herein. The City will monitor the use of such funds to
ensure appropriate use of the funds. FundS shall be disbursed after exeaution of this contract and
compliance with the provisions therein. Disbwrsements from the HOME account far purchase of
real property described in Section I,A, will require completion of a"Request For Funds" form,
and a copy of supp�rting real estate closing documents, including HUD-1.
B. Amount of �inds
�t is agreed that the total distribu�ion of f�d�ral grant funds made available to or paid on
behalf of Contractor, during the term of this contract shall not exceed the tatal s�m of ONE
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HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00).
Cont�ractor will use the ONE HLJNDRED FIFTY THOUSAND DOLLARS
($1SO,OOQ.00) far the purchase of th� real prop�rty located at Black 4 Lot A2, West Plaza
Addition, Fort Worth, Tarrant County, T�xas for construction and lease as residential multifamily
unita, in accordance with Exhibit B"Develapment Budget"..
].3. DUTIES AND RESPONSIBILITIES OF CONTRACTOR
A. Statement of Wark, Bud�et and Time Line for Goals and Expenditures
Cantrac�or shall acquire land and construct multifamily units for lease to c�ualified Low-
incorr�e tenants.
B, Budget
Contractor agrees that the HOME funds will be expended in accordance with the
projected Development Budget in Ezhibit B attached hereto and incorporated for all purpases.
Any change exceeding ten percent (i0%) of the to�al cost per housing unit shoRm in this Budget
shall be made only with the prior written approval of th� City. Und�r no circumstat�ces shall the
total amount af pragram funds expended by Cantractar from funds paid by the City exceed ONE
HUNDRED FIFTY THOUSAND DOLLARS ($ISO,Op0,00).
The funds will be payable based on a drawdown schedule based on extent of completian
of the project as approved by the City housing inspectors. Contractor shall demonstrate that the
C�IDO funds shall be leveraged by other funding sources.
G Time Line for GoalS and Exnenditures
Contractor sha.tl work in accordance with the sct�edule in Exhibit C"Program
'�timel�ne", and ensure that program goals and expenditures correspond with the completion of
the Pragram.
D. Reversion of Assets
Contractor agrees to return to the City any HOME funds remaining an hand at the end o£
the contract. If repayments, interest or other returns on investment attributable to HOME funds
are received aft�r th� term of this contract, they shall be returned to the City to t�e deposited in the
City's HQME accouint established for the Contractor's development fund.
In the event the Cantractor admi�uis#ering the developmcnt fund established uncler this
eontract is dissol�ed, this contract shaII thereupon terminate. In tne event this contract is
terminated with or without cause, or for any reason whatsaever, all assets af the HOME
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development fund including �ash, interest payments thereon from loans or otherwise, all
autsfianding �otes, mortgages and other instniments to secure HOME fiinds and any real property
valued in excess of $25,400 owned by the Contractor less tbaza� five years or a longar periac� of
tinr�e that was acquired or improved with H��E f�nds from the develapzanent fi�d shall belong
to the City and sha11 be transferxed to the City or to such assignees as the City may designate.
E. .Af�zm.aiive Marketin�
Contractor must adopi affirmative marketing procedures and requirements far alX H�ME
k�ousing. The procedures and requ�rements must incZude metho�s for informi.ng fihe public,
awners and potential hornebuyers about fai� hausing laws and poli.cies so as to ensure that all
individuals, vvithout regard for race, creed, xiationa.lity or religion, are gi�ven an equal opporiunity
to partieipa�e in ihe Pragram. The Contractar will be solely responszbXe for the effective
rnarketing res�onsibilities necessary to achieve the Con1�ac#ors' production goals set forth in
Section X. Paragraph 2.
F. R�cat�tuxe Provisions
1. Tf the Contracior zetains ownership of' the praperty �ar the full period of affordability, no
recaptuxe restrictions will apply.
2. At�y sale of the praperty by thc Cantractor during the term of afforda6ility wiXl require
immediat� repayznent of any autstanding HOME -fiznds to the City.
3. Th� Contxacfior will establish a right of first r�fusa� to buy the property a� sale to be
recvrded with the deed for the prop�rty.
4. Refinaneing a� the property by ihe Conf�actor sha11 require the review and prior apprnval
af the City.
5. Tn the event of d.efaul,t the order of disiribution of resale proceeds are as fnllaws:
a. payment of debt (martgagelloans incun'ed to acyuire the properly);
b. payment of second morfgage;
c, excess proceeds shall be returned to the City of Fort WorCh to the extenE of the
loan balance;
d. any residual proceeds to be r�iurned to the Con�xactor.
b. Contractar understands that these specific property recaptur� provisions are applieable �n
HOME funded properties, including �e requirement that the rents on the uz�zts remain
affordable during the ai�ardability period set forih in this contract.
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G. Recards a.rld Rennrts
1. Cantractor wi111�eep ar cause to be kept an accurafie record of a11 actions taken and all
funds expended, with source documents, in the pursuit of the ob�ectives of the
per£�rmance oi #his contract: " Su�h rectirds shail be k�pt for the period of a£fardability
mandated by the Regulations.
2. Contractor will ob�ain and keep on file the following information ori each client served by
th� Pragr'am:
3, Annual income and size ofthe household;
4. Ethnic graup, usin� one of the foilowing five categories:
Wlute,.not Hispanic; Black, nat Hispanic; Hispanic;
Asian or Pacific Islandex; American Indian or Alaskan Na.txve;
5. Whethex the head of household is male ar fefnale; is a
single Xnale or female householder with or without chi�dren;
6. Additional statisiical informat�on as may be required by the Ci�y �ousing
D�artmen# or HUD regulations and any amendmen�s thereto.
Contractor will keep on file the following information and documentation on each
individual praject:
1. Proof that the project meet5 the applicabie prop�rty and other standards;
2. The per unit am�unt of H�ME and non-HOME dollars in�vested;
3. The compliance with the affirmative marketing requirements and axistence of
acceptable praceaures;
4. Compliance with �re2ocatian requiraments, i�'appiicabl�;
5. Minvrity and female owned b�siness data, and affirmative fair housing actions;
and
6. Gampliance with conflict af interest rules.
By the 1 Sth of each manfh for the duratian of the contract, ineluding the period of
affardability as applicable, Contractor will supply the City with a repart detailing:
1, �'rogress toward goai achievement; and
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2, The amount of leveraging generat�d by this grant, including items that qualify as HOME
match.
3. R�ports shall be submztted in the format speci�ied by City.
H. Cost Principles
If the Contractor is aperating under a nor� pra�t status, as descri�ed in Section 501 (c)(3}
of the I�temal Revenue Code o£ 1986, as amended, Contractor, shall comply with ihe
requirsments and standards af OM� Circular A-122,, "Cost Princzples far Non-Profit
Organizations". If the Contractor is operating as a for-prof�t entity, Contzactor shall comply with
the requirements and standards of Generally Accepi�d �Account%ng Prac��ces.
All z�on-federal eniities that expend $300,0�4 or more in federal fund� within one year,
x'egardless of the source of the Federal award, must submit to the City an annual attdit pre�ared in
accordance with CFR part 84 generally, with sp�cific reference to OMB Circulars A-128 a.z�.d 133
as appropriate. The audit must be prepared by an. independent ceri7f ed publie accountant, be
completed within twelve {i2) mont�s follawing the end of the period being audi�ed and be
suhmitted to City wifhin thirty (30) days a� its completion. Costs of preparation of the audit rnay
be an allowable expenditure of fedaral funds in an amount pxoporiional to ihat of the federal
funds used in Contractor's total agency opexating budget. Noz�-federal ex�tities fhat expend Ies�
than $300,000 a year in federal fiinds are �x�mpt from Federal audit rec�uirem�nts �ax tha� year,
but records must be available for revfew or audit by appropriate o�cial� of the F�deral agency,
pass-through entity (City), and General Accouniing Office (GAOj. (E�bibit D-Independent
Andit Requirement).
City reserves the righ# to perforrn an audit a�' �ontraeior's program operaiions and
finances at any time durin.g the term of this Contract, if City datermines that such audit is
necessary for City's compliance with OMB Crrcular A-128, ar�d Contractox agrees io allow
access to all pertinent materials as described in sectian headed records and reports al�ove. If such
audit reveals a quest�oned praciice or expenditure, such questions mt�st be resolved within fifteen
�15) days a�er notic� to Coniractor ai such c�uestioned practica or expen.diture. If questions are
not resolved within this period, City reserves tha right to withhold fiu-ther funding under this
andJor future cantract(s}.
Tf as a result of any audit it is determined that Contractor has misused, misapplied ar
rnisapprQpriated aIl or any part of the grant funds d�scribed herein, Canfractar agrees to
irnmediately reimburse the City fhe amount o� such monies so misused, misapplied or
misappropriated, plus the amount of any 5anctions, penalty or o#her charge Ievied against Ciiy
because of such misuse, misapplicafion or rnisappropriation,
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I. Monifiar Effectiveness of Services and Work
The City will review the acti'vities and perfozmance of each Contractor and subrecipient
nat less than annually as r�quired in Section 92.504 (e) o�the HOME regulations.
Coniractar agrees to fully coopexate with City in monitoring the effectiveness of �he
services and work to be perfarmed by Contractor's complianc� with� fhe terms of �is contract,
The City shall have access at all reasonable hours to offices and records {dea.ling with the use of
the funds tha# are the basis of this contraet) o� Contractar, its officers, directors, agen�s,
employees, and subconi�actors for the purpase of such rnonitoring.
Contractor agrees to likewise monitor the effectiveness of the services and work #o be
perforrned by its subcontractars.
J. Comnliance with All Abnlicable Laws and Re�ulations
Federal
Con.t�actor agr�es to comply with �he following lavvs and the regulations isst�ed
ihereunder as tk�ey are currently wrztten or are h�reafter am�nded during gerformance of
flus contract:
Tifil� VI of Civil Rigbts Act of 1964 (42 USC 2000d et seq)
Title VIII o� Civil Righ�s Act of 1968 (42 USC 3601. et se�
Executive Orders 11063, � 1.246, as amended by 11375 and as supplemen�ed by
Depart�ment of Labor r�gulatiazxs (41 CFR, Part 60)
Section 504 of the Rehabilitation Act of 1973 (29 USC 794) �
The Age Discrimination Act of 1975 (42 USC 6101 et seq)
Na�i�anal Environmental Policy Act of 1969 (NEPA} and the related authori�es
listed HUD's implementing reguiations (24 CFR Pa.rt 58)
Immigration Refarm and Control Act of 1986 (Pab. L. 99-603, l Q0 Sta.t .3359, as
amended) specifically ineluding the provisions requirin� employer verifications of
1�ga1 worker status of its employees - �
Housin� and Cnmrnunity Developme�t Act of 1987 (Pub. L. 100-242, 101 Stat.
1 S 15, as amended)
The .Americans with Disabilities Act af 199Q (�2 USC 12101 et seq)
NatiQnal A��ordable Housing Act of 1990
The Drug Free Workplace Act of 1988 (24 CFR part 23, subpari F)
Section 3 of the Housing and Urban Dev�;lapment Act of 1968, as amended, 12 USC
1701.
As �he work perfarmed under �th.zs contract is on a praject assis#ed under a prograrn
providing direct federal �"inancial a,ssistance from the HiJD and is subj ect to the requirements of
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Section 3 of the Housing and Thban Development Act of 1968, as amended, 12 U�C 1701,
Coniractox covenants to abide by tha requirements of the said Sectian 3. It requires as follows:
1. That, to the greatest ex�ent feasible, opportunities for training and
employmer�t be given to lower income residents of the pro� ect area, and �
2. That, to t�e greatest extent feasible, contracts for w�rk in canneciion with
the project be awarded to business concerns which are located in ar owned in substantial
part by persons residing in the area of the project.
Contractor will comply w:ith the pmvisions af said Section 3 and tl�e regula#ions
issued pursuant ther�ta by the Secretary of Housing and Urban Deve�apment, set forth in
24 CFR 135, and all applicable rules and orders af ihe Departmant issued thereundex
�rior to fhe execution of this contract. Caniractor certifies and agrees that it is under no
conbracfuaI or other impedimeni, which would prevent it frorn complying with the
requirements.
Contractor agrees tl�at it will send to each labor organization or representative of
workers with which it h.as a callective bargaining � agreemertt ox other Cantract ar
understanding, if any, a notice advising said labor organization or workers representaiives
of its cammitxnents t�nder this S�ction 3 clause and shall post copies of the notice in
conspicuaus p�aces availabie to employees and applicants �or em�Ia�nent or training.
Confiractor agrees ihat it wi.11 include the said Section 3 clause in every subcontract
for work in connection with the project and will, at the direction of City, take apprapriate
action pursuant to tha subcontracf upon a finding that the subcon�ractor is in �inlatifln of
regulations issued by the Secretary of Hausing and Urban Development, CFR135.
Contractor agrees that it will not subcontract with any subcontractar where �t has natice
or knowledge that the latter has been found in violation of regulations under 24 CFR 135
and will not let any subcontract unless the s�tbcontractar has first provided Contractor
with a pr�Iiminaty statement of ability to camply with the requirements of these
regulations.
Ciiy and Coniractor understand and agree that compliance with the prrovisions of
S�ction 3, the regulations set farth in 24 CFR 135, and all applicable rules and orders of
the Departrnent issued thereunder priar to the �xecution of this contract shall be a
condition of fhe Federal financial assistance provided to the project, binding upon City
and Cont�actor, and their respective succ�ssors, assignees and subcantractors. Failure to
fulfill these requirements sha11 subject Contracior and its subcontractors, its successars
and assignees, to those sanetions specified by the Grant Agreement through which federal
assistance is provided and to such sanctions as are specified by 24 CFR
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Clean Air Act; C3ean Wa��r Act; Ent�ironrnental Prate�tion Agency (EPA) Acts
and Regulations
This contract is subject to the requirements of �ection 306 of the Clean Air Act,
as amended (42 U�C 1857(h) et seq.), Seciion $08 of #he C�ea�n Water Act {33 USC
13�8), Water Pollution Contxal Aci, as amended {33 U�C 1251 et seq.) and the
regralations of the EPA with respect thereto at 40 CFR, Part I5, as amended fxom time to
time, and Executive Order 1�738 (42 USC 760b nt.). In compliance wzth said
regulat�ox�s, Cvntractor agrees and, with respect to a nonexempt transaction, shall require
each subcon�ractor to agree to the follawing requirements:
1, A stipuiatian that no facxlity to be utilized an the �erformance of
nonexempt contract or subcantract work is included on the List of Violating Facilities
issued by the (EPA) pursuant to 40 CFR 15.20;
2. CompIiance with all the requirements of Section 114 of th� Clean Air Act,
as am�nded (42 USC 18S7c-8), and Section 3U8 of the Federal Water Pollution Control
Act, as amended (33 USC 1318), relating to inspecfion, monitoring, enhy, reports and
in.forma�ion, as well as a11 o�hez requirernents specified in said Section 114 and Section
30$ and all regulatzons and guideli�.es issued hereunder;
3. A s#ipulation that, as a condition for the award of tha cantrract, prompt
notice will be given of any notification received from t�e Director, Office of Federal
Activities, EPA, indica�ing that a facility uiilizad ox to Ue �tilized %x the contraci is und�r
consid�x�tion to be listed on the EFA Li�t of Violating Facilities; ,
4, Agreement by Contractor fihat it will include or cause to be included the
criteria and requiremcnts of this s�ction in eyery non�empt subcontract, reqcuririg that
Caniractor will take such action as Gity may direct as a means of en%rcing such
provisions.
In no event, shall any am�unt af the assistance provi�ed under this contract be
utilized with res�ect to a facility which has g�iven rise to a conviEtion under the Clean Air
Aet or the Clean'Water Act.
K. �ther Laws
Contractor covenants and agrees that its officers, members, agents, employe�s, Program
participants and subcontrac#ors sha11 abxde by and comply with all other laws, {federal, state and
local) relevant to the performance of this cant�act, including all ardinances, rules and regulations
of the City of Fort VriTorth and the Regu.lations. Cvntractor furthex pramises and agrees tbat it has
read, and is familiar wiYh, terms and conditions o� tlae Regulatians under which funds are granied
and that it will fully comply with same. It is agreed and und�rstood that, if City ca11s the
Page 12
attentinn of Contracfior to any such vialatians on the pari o� Contractor or any of its of�icers,
members, agents, emplayees, program participants or subcon�aractors, then Contractor shall
imrnediately desist from and correct such violation.
1.4. Prohibition A �ainst D'zscrimination
Con�ractor, in the executian, perforrnance vr atte�tnpted per�ormance o� this cantract and
agreement, will not discriminate against any person because of sex, rac�, reiigion, color or
national origin, nar will Contractor �errnit i�s officers, members, agents, e�ployees,
subcontrac�ors or program pariicipants to engage in such discriminatian.
During the perforrnance of this contract Contractor agrees, and wiIl require all i�s
subcantractors fo agr��, as %11aws:
A. Contractor wiZl nat unlawfully discriminate against any employee ar
applicant for employment hecause of race, color, religion, sex ar national origin.
Con'bractor will take affirmative action to en�tzre that app�icants are employed and that
employees are �reated fair�y during employment without regard to their race, colar,
religian, sex or national arigin. Such action shall include, buC not be limited to, the
�allo�++`ing: employment, upgrading, demotian ar iransfer, recruitrnent or recruitment
adveriising, layoff or termination, rafes of pay ar other forms af compensatian, and
seleetion far iraining, including appr�nticeship. Co�tractor agrees to post in conspicuous
places, available io emplo}rees and applic�uuts for employm�nt, not�ces setting %rth the
pravisions of this nandiscriminatian cl�use. �
B. Confractor will, in all solicitations or advertisements %r employees plac�d by or
on behalf of Contractor, state that alI qualified applicants will receive consideration for
employmeni without regard to race, color, religian, sex or national origin.
In aecordance with the policy of the Executive Branch of the �fec�eral gov�rn�nent,
Confractor covenants that neither it nor any of its officers, mernbers, agents, emplayees, pragram
participants or subcontractors, while engaged in perforrning this eontract, shall, in eonnection
with the employment, ad�vanceme�t or discharge af employees or in cannection wzth the �erms,
conditians or privileges of their employ�nent, discriminate against persons becaus� af theix age or
because af any handicap, except an the basis of a bona ftde occupational c�ualif cation, retirement
p�an or �tatutory requirement. �
Contractar fi�rther covenants that neither it nor its officers, members, agents, employees,
subcontractarrs, progra.m participants, ar persons acting an their behalf, shall specify, in
solici�ations or advertis�ments for employees to work on this contract, a ma�imum age limit for
such employment unless the specified maximu�n age limit is based upon a bona �id� occupational
qualifica�io�, retirement plan or statutory requirement.
�aae �s
In accordance with the provisions of the Americans With Disabilitaes Acf o� 1990
("ADA"), Contractor . vvarrants that it and any of it� subcontractors will not unlawfully
discriminate on the basis of clisability in the provision of s�rvices to the general puhlic, na:r in the
availability, terms andlar canditions af employment for applicants �or employment with, or
emplayees af Contra.ctox ar any of its subcantractors. Contrac�or wa�rants it will £ully comply
with ADA's provisions and any oth�r applicable federal, state and local laws concerning
disability and will defend, in�emnify and hald City harml�ss aga�nst any claims or allegations
asserted by third � parties or s�bcontractors against City arising out of Coniractor's and/or its
subcontractnrs' alleged fail�.tre #o comply with the above-referenced laws conceming disability
discrimination in the performance of this agreement.
This agreement is made and ent�red in�o with refer�nce specifically ta the ordinanc�s
cadified a� Chapter I7, Article III, Division 3{"Discrimination in EmpZoyment Practices"), of the
City Cade of t.�.e City of Fart 'V�'orth, and Contractor hereby cavenants and agrees that Contractor,
its of�Zcers, memhers, agents, employees and subcantractors, have fully complied wiih a11
provisions of same and that no emplayee, applicant or program particzpant has been
discriminated agains# under the ie:nms of such axdrnances by aither the Coniractor or its officers,
members, agents, �mployees or �ubcontractors.
15. Prohibition A�ainst �nferesi
No member, officer or employee af Ciiy or its designees or agents; no rnember of the
gov�;rning body of ihe Incality in which the Program is situaied; and no other public official of
such locality or localities, v�rha exercises any functions or responsibilities with respect ta the
program funded hereunder during his tenure ax for one (1) year thereafter, shall have any interest,
direct or indir�ct, in any contract or subcontrract, ar fihe proceeds thereof, far work to he
pez�'ortned hereunder. Contractor shall incarpoxate, or cause to be incorporated, like �anguage
prohibiting such int�rest in all contraats and subcontracts hereurxder.
No offcer, employee, memb�r or program participant of Contractar or its subcanfx'actors
shall have a financial interest, direct or indirect, in this contxact or the monies transferred
hereunder or be financially interested, directly or ind�rectly, in the sale to Contraciox af any land,
materials, suppiies or services purchas�d with any fur�ds trazXsferred hereunder, except on behalf
of Cantractor, as an officer, employee, member or program participant. Any wiXlful violaiion of
this paragiraph with the knowledge, expressed or impiied, of Contractor or its suhcontractars shall
rend�;r this cantract void able by the City of Fart Worth.
No officer, emp�oyee, agen�, consul#ant, elected official or appainted offic�al o� ihe
partzcipating jurisdictian, Contractor or its subconixactors who exercised any fi�nctions or
responsibilitie� with respect t� aciiviti�s assisted with HOME funds oar who are in a position to
participate in � decision rr�aking process ar ga.in inside information wzth regard to these activities,
may obtain a financial inter�st or benefit frvm a HOME assisted activity, or have an inierest in
any contract, subcontract, or agreement witli respect thereto, o:r the proceeds thereunder, either
Page 94
for themseZves or fhose with whom they have family or business ties, during their tenure or for
one (1) year thereafter.
16. Assx�nment
Contractor shall not assign a11 or any part of its rights, privileges, or du�iEs u�ader this
contract v�rithout the prior written appraval of City. Any attempted assignment of same without
approval shall be void, and sha11 canstitute a breach of this contract. It is agreEd that the City has
the right to inspect and approve in writing any proposed subconi�acts between Con.tractar and
any subconlractoz engaged in any aefivity in conjunction with this HOME funded proJect prior to
any charges being incurred.
17. Tndemnitv and Bondin�
Contractor cavenants and agrees tQ indemnify, hold barmless and defend, at its Qwn
exg�nse, City and its officers, agents, scrvants and employees from and against any and all claims
or suits £ox property loss ar damage andlaz personal injuzy, uacluding death, to any and all
persons, of whatsoever kind or character, wh�;thsr real or asserted, arising out af ar in cannection
with the executian, performance, attempted per%rnaance or nonperformance of this contract and
agreement andlar the opera�ions, activities and services of the Program described herain, v�rhether
or nvt caused, in whale or in part, by alleged negligence a£ officers, �.gents, servants, employees,
Contractors ar SLkbCOri1�S'�.Gtb�S of City, aa�d Contractor he�reby �55I3II1e5 aIl liability and
responsibility oi City and its officers, agents, servants, and employees fo�r any and all claims ox
suits �ox property ioss or damage andlor personal injury, including death, to any and all p�rsons,
of whatsoever kind ar character, whether real or asserted, arising �aut of or in c�onnection with the
execution, perfortnanc�, atternpted performance or nonperfonnance of this coniract and
agreement andlor the operations, activities anc� services of' the programs described herein,
whether or not caused in whale or in part, by alleged negligence of officers, ag�nts, servants,
employees, canfractors or subcontractors of City. Contractor likewise covenants and agrees to
and does hereby indemxufy anc� �o1c� Ciiy harmless from and against any and all injury, daxn.age
ar desfruction of property of City, arising ou# of or in contlection with all acts or omissions of
Con#ractor, its officcrs, members, agents, emplvyees, subcontractors, invitees, licensees, or
program participants, or caused, j.n whole or, in part, by aIleged negligence of officers, agen.ts,
servarits, employees, Contractors or suboontractors of City.
Cantractor �v`ill rnaintain a blanket fidelity coverage in the iarm of insurance or bond in
the amount oi Ten Thousand Dollars ($10�000}, to ivasure against loss from the fraud, thei� or
dishaz�esty of any of Conixactor's offi.cers, agents, trustees, rlirectars or employees. The proceeds
of such bond shall bc used to reimburse City for any and all loss of HOME monie� nccasioned by
such misconduct. To ei%ctuate such reimbur�ement, sueh bond shali include a rider stating ihat
reimbursement far any loss or losses thereunder sha11 be rnad� directly Yo City far �lae uses and
benefit o� Contractar.
Page 15
18. Waxver of Immunitv
If Cantra�ctor, as a chariitable or nonprofit organizatian, has or claims an immunity or
exemption {statutnry or otherwise) fram and against liability for damages ar injury, including
death, to persons ar praperty, Contractor hereby �xpressly waives its rights �a plead defensivaly
such imrnunity or exemption as against City. This sec�ion shall not be construed to affect a
governmental entity'� immunities under constitutional, statutory or common Iaw.
19. Tnsurance Reauirements
Commercial General Liability (CGL} Insurance
$500,000 each oceurrence
$1,000,004 aggregate limit
Busi�t�ess Autornobile Liability Insurance
$1,000,400 each accident on a eombined singZe-limit basis, or
$250,OQ0 Property Damage
$SDO,Q00 Bodiiy Injury per person p�r occurrence
$2,000,000 Aggiregate
Insurance policy shall be endorsed to cover "Any Auto"
Pending availability of the following coverage, and at �he discretion a�the Cantractor, the
palicy shall be the �rimary xesponding insurance policy versus a personal auia insurance
policy if ar when in the course af Contractor's husiness as contracted herein.
Workers' Comper�sation Insurance
Part A: Statutory Limi.ts
Part B: Employer's Liability
$100,000 each accident
' $IaO,OpQ disease-each employee .
$SOO,OQO disease-policy limi�
Note: Such insurance shall cover ernployees perfarming work on any and all
projects including but not limited to constructaon, demolition, and rehabilitation,
Ca�erages shall be maintained by Contractor or its subcontractors. In the event
t.�.e respective subcontractvrs do not mairitaiutz caverage, the Contractor shall
mamtain the coverage on such subcontractor for each applicable suhcontract.
DirectQxs anc� Officers Insurance
Optional (Highly Recommended)
Nate: This insurance shall cover the Contractar and any associated Board of
Directors members.
Additional Requirements
Page 'I6
Such ins�.uance arnaunt� sk�all be revised upward at Ciiy's option and that Contractor sha11
revise such amounts wzthin {30) following notice to Cantractor of such requirements.
Cont�ractor will submit to City doc�ment that it has obtained insurance cavexage and has
executed bonds as required zzi this contract and prior to payment of any monies provided
hereunder.
Each insuranc� palicy shall be endorsed ta provide City with � minimum sixty (60} days
notice of cancellatian, non-renewal, andlar mat�rial change in policy terms or coverage.
Insurance policies required herein sl�all be endorsed to incluc�e the Ciiy af Fort Worth as
an addit:€onal insured as its interest may appear, Additional insured parties shall inc�ud�
employees, officers, a�ents, and volunteers of the �City of Fort Wnrth.
The Workers' Campensatzon Fn�urance policy shall be endorsed to include a waiver of
subrogation, also referted to as a waiver of rights of recovery, in fa�vor of the �City of ForE V�orth.
Any failure an part of the City to request cerfifica#e(s) of insurance shall not be construed
as a waive:r of such requirernent nor as a waiver of the uisurance requirements themselves.
insurers of Cvntractar's insurance policies shall be licens�d to do business in fhe state of
Texas by the Departm�nt pf Insurance or be otherwise eligible and authorized to do business in
the state of Texas. Insurcrs shall be acceptable to the City ir�sofar as the3r financial strength and
sa�vency and each such company shall have a current minimum A.1WI. B�st Key Rating Guide
rating of A:VII or other equiva�ent insurance industry standard rating otherwise appxoved by the
City of Fort �orth. .
Deductible li�its an insurance policies shall not exceed $5,000 per occunrence unless
otherwise approved by the Ciiy of Fart Worth.
Tn the event there are local, federal or other regulatory insurance or bonding r�quirements
for the housing prragram addressed in this contract, shou�d such requirements exceed those
specified herein, the former shall prevail.
Contractor shall agree to requi;re ifs subcont�ractors to maintain applicabie insurance
coverages, limits, and ather requirements as those specified herein; and, Con�ractar sha�l requ�re
its subcontractnrs to provide Cantractor with certificate(s) af insurance dacumentirig same; and,
Contractor shall require its subcontracfors to have the Ciiy af Fort Worth and the Contractar
endorsed as additional 1i151]T�C�S (as their interest xnay appear) an their respectiv� insurance
policies.
Contractar shall require iis subcontractoxs to maintain builders risk insztrance ai the limit
Page 17
of applicable project(s) costs when the value af materials involved exceeds $10,000 or a� a
di�'ferent Iimit value as specified by the Cily of Fort Warth.
2Q. Pro�ra�n income Quali�ications for Families
Contractor agrees to abide by H�JD xncame guidelines, which are �pecific ta the type of
project that is under�aken by the Contractor.
2�. Certification Re�ardin� Lobbvin�
The nndexsigned represen�ative of Confxacior hereby cer�ifies, to th� best of his or her
knowledge and belie� that:
N'a federal appropriated fiznds have been paid ar will be paid, by ar on behaif of
Cantractar, to any person for influencing ar att�mpting to influence an officer or
employee of any agency, a member of Congress, an o£f'icer or employee of Congres� in
cannection with the awarding of any federal contract, the mal�i.ng af any feaera.l grant, the
rnaking of any %deral 1oan, the entering into of any cooparative agreernent and ihe
extension, continuation, renewa�, amendment, ox modification of any fedexal. contract,
grant, loan or cooperative agreem�rit.
If any fiinds other than federally appropriated funds have been paid or will be paid to any
person for i�fluenoing or attempting fo influence an officer ar employ�e of any agency,
member of Congress in connection wi.th this federal contract, grant, loan or cooperative
agreer�aent, Contractar shall complete and sul�mit Standard Form-LLL, "Disclosure Frnm
to Report Lobbying,'° in accordance with its instructions.
'I`he Contractar sha]1 require that the language of this c�riifica�ion be inc�uded in all
subcontracts ar agreements involving the expenditure affederal funds.
Page 16
]N WITNE�S WHEREOF, the parties l�reto have e c ted fowr� cflpies of this cont�act in
Fort Worth, Tarrant Cour�ty, Texas, this � day of ��e �y , 2002.
,r
�
ATTEST:
�F � .
� w_ �.. _ �l•� ---�
�tfy Secr�tary
APPROVEI� AS TO �`ORM AND LEGALTTY:
�
A s . Aitorney
C� ��to�
con��act Authoriza�ion
. �.j y����, . . ._ _
�ate
CITY OF FORT WORTH
By: �{� ��`�-
R�id Rector
Assistant City Manager
VOLUNTEERS OF AMER7CA
B L� � �� j� �
Y'�' - -r -� 7-1" �
David North, President
Paga 19
vl�l��`� �G��� b.
.. �,� - - �
�,
I
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n
s��� o� � �� �
�
cotn� o� �� �
���� I�, t�e �d�sigaed ���, a Ivo�xy �ublic isa �d i�or �� �t� oi ��xs�,
ar� tk�hi� day p�ox�ally �ea�d Reid R�c�, �ov� �.i �e �o be t�� pe�� whas� �e xs
�uT�sc�"1�ed t� t�� f��goia� ir��.i.urnen� �d �wl�d��d fio m� t�at ihe s�x� �v� �� � o:�t1'a
�ity of Fort Wa� �nd t�t ���e�ted i�� s�m� ���t oi �aid City o� �'�r� Wa�h for �he
pu�a��e� aad-�corr�id�ati�a th�ia �ac�s�d �d in �h� ��p�i#y th�eir� �at�. �
Gr�T �R Ii�` �D �+TD S� OF ��'YC� �i� �l��' �a� nf
� _ ,14.D. �OQ�. . ^ -
t�,�q.FY A�j . _ / ���,'s�r' _ .Id' �� ,
,zo�.�.�.. � ROSE��A BARNES Al'ata� Publi� in and fo� the Sta�e of T�xas
jya• � ,�� NOTARY PUBLIC
�`3,,��, �e,� 5tate of Texas '
��'oF �f Comm. Exp..Q3-31-2005
. . , ,.o
STA� OF � �
�
COUI� OF T�R�iAI'� �
IIE�O� A+IE, th� �de�si��. �u�oi�it�r, a Nota� �t1�lic in arad for th� State of T�xas, .
�n this day ��sonally-a�pcaz�d DaFri� N� ?�own to ffi� to T�e �h� p�on who�e n�m� is
�ubscx�bed fo th� faregnin� ins�m�a�, a� �kroiowlcdged to m� fi]�t �he �ain� w�s th� act of
Voltan��e� o� �n�ic�, �nd t�� 1a�� �x�� th� ��n� � a� �h� a� ef �aid Vol�nt��s of �m�i�
fa� the p�rpos�s and �onsid�eation the� �r�ssed ar�d in �kte c�acity ���in �tat�d �s its duly
autho�z� o�i��° ap �r��atativ�. . , '
�rI'�T �DF,R I�Y' ��,1V� S�iL, 8� ur���,�;�s �� .-- day o�r
- _ __ , 200�.
,j _
; �e��` �; ADfiE�NN� GflACE WEISS _ ` _ ' �
' "i° ' = MY COMMfSSkON E7(PIRES . . ,
�=� .�.,�= May 15, aQos - l�otas+y Pu1�lic in and f� P�i� S�te af Te,xas
„ „�
. ,.�,,, . . ..
�aga �A
EXi-11B{T A
PROG�IVI �LT1VIlW�R�
��o�iaa�n -rir�� ,
Vo�.u�����s �� �����c� Y��►� �u��o���v� bousi�� ��a���
, , _,,,�
� �009 H011lll�-CHDD
Personal 5ervices (Suppor� Funds) $U.00
Supplies $0.00
Coniractua! Ser�ices (New Mufti-Family Housing Cons#ruction) $150,400.4f}
Capital Outlay $�AO
TO'CAL, $1 S0, 000.00
���C�I��I��l:
Vnlunteers of Ameriaa Texas wilf construct and manage 19 apartments for lease ta persans wfth
disabifities.
The cantract period begins on the date af execution and ends six months thereafter.
�RO(��dAlVi O�J�CTIV�S:
iv construct and lease nineteen {19) naw apartments in the program erea.
��@Ca��.i� lUi�f�SUR�S:
During the eon#rack periad, Contractor si�all submit e�idence of the following:
Real Estate closing documents
Monthly stafus report€ng indicating construction start date
.�
V�I���e��°s o� �►�e�°�c� �'����
��o�ec� ���ge�
Prolect IVame:
�re�o�� T���ace
i Soft Costs
Hard Costs
Item
Cost
Spent to Aate Remainin� Balance
Architectural Fee
Desi�n
Supervision
�Appraisal Fees
� Consultant Fees
�En�ineerin� Fees
Le�al Fees
survevs
Soils
� Cost Certification
�Insurance
� Environmental Assessment
�Ti#1e & Recordin�
PlatlSubdivide
lasaection Fees (TA5/Foundat
CosE Cert�eationlAudit Fees
Ivlisc. CharQes
iWastewater/Impact Fees
�Contin�encylChan�e Order
� Or�anizafional Fees
� MCI
�'i'ntal All Soft Costs
Concrete
Masonry
� Metals
� Rou�h Carpentry
� Finish Carpentr5+
EWaterproofmg
Insulation
Rooimg
j Sheet Metal
� Doors
� Windaws
I cia5s
ILath and Plaster
Drywall
� 'iile Work
� Acoustical
Wood Flooring
Resilient Floorin�
Paintin� and Decoratin�
SpeCialities
� SpeCial Bquipment
� Cabinets
� Appliances
� BIiads and Shades, Artwork
� Carpets
5uecial Canstruction
Elevatvrs
Plumhin� and Hot Water
Heat and Ventilation
� Air Condit}onin;�
� Electrical
�Suhtotal (5tructures)
Aceessory Sfructures
� Total (linss 60-61)
�o�}, t1+i
�21,b5ri
�{�5�
S SU.{J00
$'� ,!!]0
S B.l?d11
�lr�,urs�
�3, l[SfE
.� 1,d94
SIb.100
$2,500
5 i�.C�f I�f
52,{IH1
S�.,tY4i�
t3,500
� t ,f1�#i
#�] 3,7fid
�7�,5�1R
��.�1iSl}
SS,b37
$2A5,a15
�78,246
$0
$2,U1G
$125,530
$17,229
$1,SQ8
$15,503
S 1Q560
�o
$30.06Q
$4,960
�aoo
�o
$45,25D
�15,350
$0
$0
� 12,710
$24,b56
$12,095
$0
$29.400
$14,IOD
$4,80D
$1Q710
$0
$0
$75,021
$0
$39.97U
$85,489
S�h641,1 ��
S3 I ,'�''U�_
S69t.���
$0
$0
$0
$0
$0
$0
�o
$0
$0
�0
$4 i
$0
$69,229
$21,656
�950
$50,000
$3,140
$8,000
�io,aaa
$3.100
$1,b9Q
$I0,100
$2,500
$8,000
$0 $3,500
$p $1.095
$0 $22,548
�o $s,aoo
$0 $5,637
$0 5245,415
SO
$0
$0
$0
$0
$0
$0
$0
$0
$0
$p
$o
$0
$0
�0
�o
$0
$4
$4
$0
$0
�n
$0
$0
$0
$0
$4
$0
$0
$0
$0
$0
$�
$0
$78,206
$4
$2,016
$125,530
$17,224
$1,508
$15,503
$10,560
�a
$3p,06p
$4,96�
$400
�o
$45,250
$15,350
$0
�0
$12,770
�24 65fi
$12,095
$4
$29,400
$14,100
$4,800
$] 0,710
$0
�0
$75,02I
$4
$34.970
$85,Q89
$660,123
$31,720
$b91,843
Exl+ibia B -
PrqjecL B[tdgeL
1
�
,
Fees
Lend Cnsta
Total Cvsts
Revenue
Item
Earth Work
$ite Utilities
" �Itoads and Walks
�Site Improver�lOntS
Laums and Plantin�
Unusual Site Conditions
Total Land Irnprovemants
Total Structura! & Land Tmpro
�General Renuirements
� 5uhtotal
�Builder's Ovcrhead
Snilder's Frofit
Subtotal
Permits
Taps
As-built Snrvey
Other Fees
� Bnnd Preminm
�Subtotal Fees
�TataI for All Impravements
�Total for all Soft Costs ,
� Profit Faid far Otl�er Than Cas 1
Total for Af1 Imnrovements
Land Costs
ITotal Prpieat Costs
IHUi] Capital Advance
IC'rty of Foxt Warth
� Cauntv of Tatrant
�TDHCA
I FHLB
�dthar ( Atnendment Punds)
Tutal Revenue
�
Tntal Cash Repuirements
Less Toial Revenue
�Net Caslt Surplus (Aeiicienc�
Pet Unit Cvst
7I12IO2
Cust
�133,250
$77.846
�81.429
$26.053
�40,000
$0
�336�578
�1;151?.42i
�6�,tJZS
�1,11 I �.ddt�
S�^_2G9
S4A,1�1�
�I,2u3,E�56
$G�5l1U
� I ,400
� �,fHlii
#0
� ] 5,�}� I
$2G,20 i
$1,230.059
$245,415
$1,4i5,494
$150,DOD
$I,625,494
$1.127,7U4
$25,000
$Q
$0
sa
$472,774
$1,625,474
�1,625,474
$i,62S,4i4
(�0)
$79.656.53
��e 2 of 2
Spent to Data
$0
$0
$0
$0
$4
$4
$fl
$D
$0
$0
$0
$0
$D
$0
$0
$0
$0
$0
$0
$4
$0
$0
�4
Remainina BaIance
$X33-250
$77.$46
$81,429
$26,053
$4QD00
$0
$358,578
$1,OSU,421
$63,aZ5
$1,113,446
$22,269
$68,143
$1,Z03,858
$b,5U0
$1,9D0
$2,004
�a I
$15,801
g26,201
$1,230,459
$245,415
$1,495,474
$15D,000 �
$a s�,6zs,474
$0 $1,127,700
$0 �25,000
$0 $�
$0 $0
$0 $1D7,715
$0 $365,059
$0 $1,625,474
$0 $D
$0 �4
$0 {$O)
i-
I Ex]iibit B -
I Project B�tdge�
Exhibit C d
�ogram T`imeline
r�n�ow� ����,c� �����c� ��n���ita�
_ - --,
�irm Commitrr�ent Issued by HUD , Sept�mber 1, 2402
— - ..._ i_ — --- — - - _ Octob�r 1, 2Q02�
Initial Closing -- _ — - --
� — - -- — Octaber 'f 5, 2002
� Star� Canstr�ction _ _ _
Camplete Construction —� __ _ Auyust 11, 2403
� -�� -�-- --
Certiflcate flf �ccupancy lssued September 15, 2003
T --- --
Lease up1C}ccupancy -- _ September 25, 2003
I - - - --
m
�
INDEPENDENT AUDIT REQUTR.EMEN'T
BUSINE�SIAGENCYNAME: Volunteers of Amexica �exas, Zuc.
PROGrR1�SM: VOA Texas Cal.mont Place
AMOUNT FUNDED: ��so, aoo
Name of Independent Auditor whfl will perform the agency aud.it:
P�.ckens, Snodgrass. Koch $ Cn.
Date audit is to be performed:
.Tulv. 200�
The following language is a condition of your contract with the City:
"A11 non-federal entities that expend $300,000 or more in £ederal funds
within one year, regardless of the saurce of the Federal award, must submit
to City an annual audi# prepared in acco:rdance with CF�t part 84 generally,
with specific reference ta OMB Circulars A-128 and A-133 as apprropria.te..
The audit must be prepa�-ed by an independent certified public accountant, be
completad within twelve {12} mon#hs fallowing the end of the period b�ing
audited and be submitted. ta City witlun tl�irty (30) days of its comp�etion.
Costs of preparat�on of th� audit may� be �n allowable e�enditure of federal
funds in an arnount propartiona� to that of the federal funds used in
Contractor's #o�al agency aperating budget. Non-federal enti�ies that exp�nd
less than $300,004 a year in feder�,l £unds are exe�npt from Federal audit
requirements �or that year, but records must he availat�le for review or audit
by apprapriata o�cia�s flf the Federal Agency, pass-through. entity (City),
and General Accounting Qffice (GAO)." � �
��, . , -� I � !
� - ' � ���7�
S ignature .J� ��� M
�
a
,r .
4 �� � si,,/ r ,7 �
Dai�
�xhibit D
�'.; C'ity of'.Fort i�orth9 .�`exas
l�{�yor �nd Gour���l Cor�mur�ic���o�
RAT� R�F�REIV�� NLJMBGR LOG NAME PAGE �
s�4ro2 ��19� 0� ,. o5�oA I 1 v� a
SUBJECT EXE�UTE A CONTRACY AND ANCILLARY l.OAN D�GUMENTS 1N1 i H 11UL�NTE��3
_� �F AMERICA TEXAS TO ACQUIRE LAND L�CATED AT 80� 7 GALMONT AVENUE
RECOMIVIENDATIaN:
It �s recammended that the City Council:
Authorize the City Mana�er io e�ecute a contract and ancillary ioan documents with Volunteers of
America (VOA) Texas fo acquire the vacant land lo�ated at 8��7 Calmont Aver�ue for an amount
not to exceed' $150,�00 in Fiscal Year 2000 HOME funds; and �
2. Authorize the contract �ertormance period ta begin on the date of contract ex�cutian and �xpire six
manths thereafker; ar�d
3. Autharize fhe ex#ension or reflewa! of the cantract for an additional six m�nth periad, if V4A
req�ests an extensian; and
4. Autharize t�e City Manager to amend the cor�tract, i# necessary, #o achieve project goals prov�ded
that the ame�dment is within the scope of the praject and in complianc� with applicable laws �and
regulations.
DiSCIJSSION:
Th� Home Investment Partn�rsF�ips Program (HOME� is inte�ded to be a partnership be�►►ve�n federal,
state anc� lacal governments and nc�n-prof�t and for-proft agencies that build, own, manage, finance and
suppa�t (ow-income housing initiatNes.
VOA is proposing ta acquire t�e uacant land located at 8Q17 Ca{mont Avenue to build a multi-famity
apartment building consisting af 79 one-bedroom apartmenis, to rent to chrvnicaHy mentally il� persans.
VOA is requesting a no�interest loan to secure sife control of ihis property unti! it closes an its U.S.
Department of Housing and Urban Deveiopment (NUD) Sectton 811 5upporti�e Housing for Persons
with QisaY�ilities' Capital Acivance Grant funding in tiae amount of $1,'f27,4Q0, ft is an#icipated that tl�e
HUD SectEan 811, Capiial AdVance Grant will close in September 20D2.
V�A pre�i�usly had a purchase aptian an this property. The opti�n I�as ex�ired and #he owner will not
giue VOA an ext�nsEan. In addition, the owner's asking �rice has increased from $125,00(l ta
$150,�D�. VOA will repay the City's foan wl�en it clases on the HUD Section 811, Capital Advance
Grant for which it has be�n approved. VOA is requesting that HUD increase the $125,OC}0, currer�tly
approved for fand acq�isition, to $150,a00 to cover the increased cost of the property.
City o�.�'o�i l�o�ih, T'exas
i�ayor �r�d �our�ciC Ca�nmu�ic�-��on
DATE R�F�RENCE Nl1MB�R -��OG I�AME PAGE
sl�ia2 ��� 9� 0� o�voA z ot 2
s�g�E�T EXECUTE A CONTRACT AN� ANCi�LARY L�AN DOCU ENTS WITH VQLUNTEERS
OF AMERICA TEXAS TO ACQUIRE LAND �OCATED AT 8017 CALMONT AVENUE
lf HUD appraves V�A's request, VOA will reimburse the City the fu�l cost �f $�50,DD0 tor the property.
If VOA receives only th� $125,OQ0 currently approved by Hl1D, VOA will repay the City $i25,00D of #he
loan amount and fhe City will convert the $25,a0Q balance to a deferred payment laan, to be. repaid
only if the property is sald ar ownership is transferred during the �erm of the loan ar from residual
rec�ipts. To secure its in�estment, the City will hald a deed of trust and nate on the property, and the
financing will be in the form of a na=ir�teres�, payback loan.
This praject is Iocated in COUNCIL DISTR�CT 3.
FISCAL 1NFORMATI��IICERTIF[CATIDN:
�
� The Finance I7irector certifies that upon approval of the above recommen�lations, funds will be
availab�e in the current operating �udg�t, as appropriated, af t�e Grar�t� Fund.
RR:r�
S�bmitted fnr City Manager's
Ofi"ite by:
Reid Rector
Uriginating Departznent Head:
Jerome Walker
Additional Infnrmation Cantaci:
]erome Wallcer
I FUND � accouz�TMr �
I (to) �
�
6144 I
7537 � (frorn)
I GR76
�
�
7537 +
CENTER � AMOUNT
539120 045206133D60 $150,dD0A0
CI'['Y S�CRLTARY
I APPRQV�D �6/25/Q2
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