HomeMy WebLinkAbout024931 - Construction-Related - Contract - Fort Worth Housing Finance Corporation (FWHFC)STATE OF TEXAS ) CITY SECRETARY
CONTRACT NO. l
COUNTY OF TARRANT )
THIS contract ("Contract") is made and entered into by and between the City of Fort Worth
("City"), acting by and through Libby Watson, its duly authorized Assistant City Manager, and the Fort
Worth Housing Finance Corporation ("Contractor"), a Texas nonprofit corporation organized under
the Texas Housing Finance Corporations Act, acting by and through Ralph McCloud, its duly
authorized Board President. Contractor's business address is 1000 Throckmorton St., Fort Worth TX
76102.
WHEREAS, the City of Fort Worth has received grant funds from the United States Department of
Housing and Urban Development ("HUD") through the Community Development Block Grant
Program, HOME Investment Partnership Program (HOME) and Rental Rehabilitation Program Income
(RRP Income), and
WHEREAS, the primary purpose of these Programs is to benefit low and moderate income citizens
of Fort Worth;
WHEREAS, the Fort Worth Housing Finance Corporation is an eligible housing development entity
which assists persons of low and moderate income in acquiring and owning decent, safe and sanitary
housing they can afford; and,
WHEREAS, the citizens of Fort Worth and its City Council have determined that an Infill Housing
Development Program ("Infill Program") is needed to revitalize central -city neighborhoods and to
make homeownership of decent, safe and affordable housing available to low and moderate income
citizens of Fort Worth;
NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH:
THAT, the parties covenant and agree as follows:
1. Scope of Services
a. Contractor will use when applicable CDBG, HOME and/or RRP income funds to undertake the
following housing development activities ("Program") for three (3) years from the date of
execution of this Contract:
(1) Administer preparation costs for Contractor owned lots.
(2) Acquire privately owned properties for the Infill Program when they are contiguous to or
near Contractor owned properties and will contribute to the overall improvement of a
neighborhood.
(3) Oversee the bidding and awarding of construction contracts in the Infill Program.
(4) Monitor work performed by construction contractors and their subcontractors to ascertain
that all work is performed completely, professionally and with an appropriate level of
quality.
(5) Design, advertise and market houses built or rehabilitated in the Infill Program.
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(6) Provide construction and mortgage financing from available funds.
(7) Secure additional financing from other public or private sources.
(8) Track housing inventory and provide maintenance to the existing houses in the Infill
Program.
(9) Receive, review and determine eligibility of applications for the Infill Program.
(10) Provide homebuyer training and counseling.
b. City will monitor the performance of the Contractor against the goals and performance standards
with this Contract. If action to correct such substandard performance is not taken by Contractor
within a reasonable period of time after being notified in writing by City, contract suspension or
termination procedures will be initiated in accordance with the provisions set forth in this
Contract.
2. Compensation and Method of Payment
a. City will disburse Federal funds in an amount up to $860,756 directly to vendors on behalf of
Contractor upon receipt of invoices or other documentation of expenses for the services
provided within the scope of this Contract.
b. Contractor will maintain monthly financial documents: Invoices, Receipts, Check Request
(MARS) forms etc. for payment of eligible expenses made against the program funds specified
in Exhibit B-HFC Budget.
c. Contractor agrees to utilize all disbursed Federal funds for the benefit of the Program. Contractor
agrees that funds will be expended in accordance with the Program Operating Budget.
Contractor may not increase or decrease line -item amounts in the approved Program Operating
Budget without prior written approval by the City.
d. Contractor will not commingle CDBG, HOME or RRP income with any other funds in any
manner which would prevent City from readily identifying program expenditures for operation
of the Program.
3. General Provisions
a. Contractor will require all construction contractors or subcontractors, to maintain a commercial
general liability insurance policy in the amount of $100,000,000 per occurrence, and worker's
compensation insurance in the amount required by state laws.
b. Contractor will require all construction contractors and subcontractors to comply with
the procedures concerning lead -based paint hazards, in accordance with HUD Lead -Based
Paint Regulations.
c. Contractor shall require all construction contractors in each site preparation to execute, prior to
submission of his final statement for payment, an affidavit, as approved by City, certifying that
all persons, firms, associations, corporations or other organizations furnishing labor and/or
materials, have been paid in full and that no claims are pending for labor or materials, personal
injury or property damage. Contractor covenants and agrees that it shall comply with all laws of
the State of Texas with respect to the necessary retainage of payment to contractors so as to
protect the owners or property materialman's liens, and more particularly, Contractor shall
comply with state law with respect to such secured by a promissory note without lien.
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4. Uniform Administrative Requirements and Program Management Standards
a. Financial Management
i. Accounting Standards
The Contractor agrees to comply with 24 CFR Part 84 and agrees to adhere to the accounting
principles and procedures required therein, utilize adequate internal controls, and maintain
necessary source documentation for all costs incurred.
ii. Cost Principles
Contractor shall administer the Program in conformance with OMB Circular A-122, "Cost
Principles for Non -Profit Organizations" and attachments and revisions thereto, regarding
principles for determining costs for the Program.
b. Documentation and Record Keeping
i. Requirement
Contractor shall maintain all records pertinent to the activities to be funded under this
Agreement required by HUD regulations specified in 24 CFR Subpart 570.506, 24 CFR 92
Subpart K and 24 CFR 511 Subpart H. In addition, Contractor agrees to keep records to fully
document all expenditures charged to the CDBG, HOME or RRP income whichever fund is
applicable. The documentation must support the amounts charged to Program and
demonstrate that the expenditures were appropriate to the stated goals of the Program and
allowable under applicable federal, state and City guidelines. Such records shall include but
not be limited to:
(1) Records providing a full description of each activity;
(2) Records demonstrating that each activity undertaken meets one of the National Objectives
of the CDBG program when applicable -1) benefit low/moderate income persons, 2) aid in
the prevention of slums or blight, 3) meet community development needs having a
particular urgency -as defined in 24 CFR Part 570.208.
(3) Records required to document the acquisition, improvement, use or disposition of real
property acquired or improved with the applicable CDBG, HOME or RRP income
assistance. Contractor shall maintain real property inventory records, which clearly
identify properties purchased, improved or sold. Properties retained shall continue to meet
eligibility criteria and shall conform with the "changes in use" restrictions specified in 24
CFR Part 570.503(b)(8);
ii. Retention
(1) All records pertaining to Program shall be retained for five (5) years following the date of
termination of this contract. Contractor may destroy Program records at the end of this
five (5) year period if no outstanding audit finding exists.
(2) Contractor will retain Program loan records until (5) years after the expiration of the
loan.
iii. Property Records
The contractor shall maintain real property inventory records which clearly identify
properties purchased, improved, or sold. Properties retained shall meet eligibility criteria and
shall conform with applicable CDBG requirements in 24 CFR Subpart 570.505, HOME
requirements in 24 CFR Subpart F and RRP requirements in 24 CFR Subpart H.
iv. Close Outs
The Contractor's obligation to City shall not end until all close-out requirements are
completed. Activities during this close-out period shall include, but are not limited to:
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making final payments, disposing of program assets (including the return of all unused
materials, equipment, unspent cash advances, program income balances, and accounts
receivable to City), and determining the custodianship of records.
v. Audits and Inspections
(1) City, HUD, and the United States Comptroller General, or their representatives, shall
have access to any books, documents, records and papers relating to the operations of
Contractor under this Agreement for the purpose of audit, examination, exception and
transcription at all reasonable hours at all offices of Contractor.
(2) For all contracts in the amount of $300,000 or more, Contractor must submit to City an
annual audit prepared in accordance with 24 CFR Sections ❑ 570.502-570.503
generally, with specific reference to OMB Circulars (with attachments) A-122 and A-133
as appropriate. The audit may cover either Contractor's fiscal year during which this
contract is in force or cover the period of this contract. The audit must be prepared by an
independent certified public accountant, be completed within twelve (12) months
following the end of the period being audited and be submitted to City within thirty (30)
days of its completion. Costs of preparation of this audit may be an allowable
expenditure of federal funds in an amount proportional to that of the federal funds used
in contractor's total agency operating budget.
(3) City reserves the right to perform an audit of Contractor's program operations and
finances at any time during the term of this contract, if City determines that such audit is
necessary for City's compliance with OMB Circular A-128. Contractor agrees to allow
access to all pertinent materials. If such audit reveals a questioned practice or
expenditure, such questions must be resolved within fifteen (15) days after notice to
Contractor. If questions are not resolved within this period, City reserves the right to
withhold further funding under this and/or future contract(s).
(4) If as a result of any audit it is determined that Contractor has misused, misapplied or
misappropriated all or any part of the grant funds described herein, Contractor agrees to
reimburse the City the amount of such funds so misused, misapplied or misappropriated,
plus the amount of any sanction, penalty or other charge levied against City because of
such misuse, misapplication or misappropriation.
5. Reporting Procedures
a. Program Income
Contractor agrees that all program income from operation of the Program in proportion to the
amount of Federal funds received hereunder will be expended prior to expending Federal funds
and that any such program income is subject to the terms of this contract. The Contractor may
expend Federal funds only if program income is insufficient to meet all eligible program activity
expenses.
b. Progress Reports
Contractor will submit a report monthly to the City describing status of contract activities
undertaken by Contractor in performance of this contract. The report will be signed by a duly
authorized agent of Contractor and submitted by the 15th of the month following the month
which is reported. Attached hereto as Exhibit C-HFC-Infill Housing Monthly Report.
c. Procurement
i. Compliance
Contractor agrees to notify City upon purchase of property so that it may be properly
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inventoried. Contractor shall comply with City policy concerning the purchase of equipment
and shall maintain inventory records of all non -expendable personal property, as defined by
such policy, procured with funds provided herein.
ii. OMB Standards
The Contractor shall procure all materials, property, or services in accordance with the
requirements of 24 CFR Subpart 84, covering utilization and disposal of property.
d. Relocation, Acquisition and Displacement
The Contractor shall comply with applicable CDBG 24 CFR 570.606, HOME 24 CFR
92.353 and RRP 24 CFR 511.14 relating to the acquisition and disposition of all real
property utilizing Federal funds, and to the displacement of persons, businesses, nonprofit
organizations and farms occurring as a direct result of any acquisition of real property utilizing
Federal funds. The Contractor shall comply with applicable City Ordinances, Resolutions, and
Policies concerning displacement of individuals from their residences.
6. Reversion of Assets
All property purchased with Federal funds under this contract will be used solely for operation of
the Program. Title to such property will be vested with the Contractor, and, at the termination of the
Program for which Federal funds have been received, Contractor will deliver all such property to
City for disposition at City's sole discretion.
In the event the Contractor administering the revolving fund established under this contract is
dissolved, this contract shall thereupon terminate. In the event this contract is terminated with or
without cause, or for any reason whatsoever, all assets of the revolving fund including cash, interest
payments thereon from loans or otherwise, all outstanding notes, mortgages and other instruments to
secure Federal funds and any real property valued in excess of $25,000 owned by the Contractor less
than five years or a longer period of time that was acquired or improved with Federal funds from the
revolving fund shall belong to the City and shall be transferred to the City or to such assignees as
the City may designate.
7. Applicable Laws
a. Contractor agrees to comply with the following federal laws and regulations issued thereunder as
they are currently written or are hereafter amended during performance of this contract:
• Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq)
• Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq)
• Executive Orders 11063, 11246, as amended by 11375 and as supplemented by
Department of Labor regulations (41 CFR, Part 60)
• The Age Discrimination in Employment Act of 1973 (29 USC 794)
• Section 504 of the Rehabilitation Act of 1973 (29 USC 794)
• The Immigration Reform and Control Act of 1986 (Pub. L. 99-603, 100 Stat. 3359 , as
amended), specifically including the provisions requiring employer verification of the legal
status of its employees
• The Housing and Community Development Act of 1974, as amended
• Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended
• The Americans with Disabilities Act of 1990 (42 USC 12101 et. seq.)
• Clean Air Act, (42 USC 1857 et seq.)
• Federal Water Pollution Control Act, as amended 33 U.S.C. 1251, et. seq., as amended 1318
relating to inspection, monitoring, entry, reports, and information, as well as other
requirements specified in said Section 114 and Section 308, and all regulations and
guidelines issued thereunder
• Environmental Protection Agency (EPA) regulations pursuant to 40 CFR, Part 50, as
amended
• National Environmental Policy Act of 1969.
• HUD Environmental Review Procedures (24 CFR, Part 58)
b. Contractor, in the operation of its Program, will comply with all applicable laws and regulations
concerning lead -based paint, including but not limited to 24 CFR 35 and will require any
subcontractors likewise to comply.
c. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701
As the work to be performed under this contract is on a project assisted under a program
providing direct Federal financial assistance from the Department of Housing and Urban
Development and is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 USC 1701, Contractor covenants to abide by the
requirements of the said Section 3. It requires as follows:
(i) That, to the greatest extent feasible, opportunities for training and employment be given to
lower income residents of the project area, and
(ii) That, to the greatest extent feasible, contracts for work in connection with the project be
awarded to business concerns which are located in or owned in substantial part by persons
residing in the area of the project.
Contractor will comply with the provisions of said Section 3 and the regulations issued
pursuant thereto by the Secretary of Housing and Urban Development, set forth in 24 CFR 135,
and all applicable rules and orders of the Department issued thereunder prior to the execution of
this contract. Contractor certifies and agrees that it is under no contractual or other disability
which would prevent it from complying with these requirements.
Contractor agrees that it will send to each labor organization or representative of workers
with which it has a collective bargaining agreement or other contract or understanding, if any, a
notice advising the said labor organization or workers representatives of its commitments under
this Section 3 clause and shall post copies of the notice in conspicuous places available to
employees and applicants for employment or training.
Contractor agrees that it will include the said Section 3 clause in every subcontract for
work in connection with the project and will, at direction of City, take appropriate action pursuant
to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the
Secretary of Housing and Urban Development, 24 CFR 135. Contractor agrees that it will not
subcontract with any subcontractor where it has knowledge that the latter has been found in
violation of regulations under 24 CFR 135 and will not let any subcontract unless the
subcontractor has first provided Contractor with a preliminary statement of ability to comply with
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the requirements of these regulations.
City and Contractor understand and agree that compliance with the provisions of Section
3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department
issued thereunder prior to the execution of this contract shall be a condition of the Federal
financial assistance provided to the project, binding upon the City and the Contractor, and their
respective successors, assigns and subcontractors. Failure to fulfill these requirements shall
subject Contractor and its subcontractors, its 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 135.
d. Other Laws
Contractor covenants and agrees that its officers, members, agents, employees, program
participants and subcontractors shall abide by and comply with all other laws, federal, state and
local, relevant to the performance of this contract, including all ordinances, rules and regulations
of the City of Fort Worth and the Housing and Community Development Act of 1974, as
amended. Contractor further promises and agrees that it has read, and is familiar with, terms and
conditions of the Grant under which funds are granted (CDBG, HOME and RRP regulations) and
that it will fully comply with same. It is agreed and understood that, if City calls the attention of
Contractor to any such violation on the part of Contractor or any of its officers, members, agents,
employees, program participants or subcontractors, then Contractor shall immediately desist from
and correct such violation.
8. Nondiscrimination
a. Contractor, in the execution, performance or attempted performance of this contract and
agreement, will not unlawfully discriminate against any person or persons because of sex, race,
religion, age, disability, color or national origin, nor will Contractor permit its officers,
members, agents, employees, subcontractors or program participants to engage in such
discrimination.
b. In accordance with the policy of the Executive Branch of the federal government, Contractor
covenants that neither it nor any of its officers, members, agents, employees, program
participants or subcontractors, while engaged in performing this contract, shall, in connection
with the employment, advancement or discharge of employees or in connection with the terms,
conditions or privileges of their employment, discriminate against persons because of their age
except on the basis of bona fide occupational qualification, retirement plan or statutory
requirement.
c. Contractor further covenants that neither it nor its officers, members, agents, employees,
subcontractors, program participants, or persons acting on their behalf, shall specify, in
solicitations or advertisements for employees to work on this contract, a maximum age limit for
such employment unless the specified maximum age limit is based upon a bona fide
occupational qualification, retirement plan or statutory requirement.
d. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"),
Contractor warrants that it and any and all 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 Contractor, or
employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply
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with ADA's provisions and any other applicable federal, state and local laws concerning
disability and will defend, indemnify and hold City harmless against any claims or allegations
asserted by third parties or subcontractors against City arising out of Contractor's and/or its
subcontractors' alleged failure to comply with the above -referenced laws concerning disability
discrimination in the performance of this agreement.
e. This Contract is made and entered into with reference specifically to the ordinances codified at
Chapter 17, Article III, Division 3 ("Discrimination in Employment Practices"), of the City
Code of the City of Fort Worth, and Contractor hereby covenants and agrees that Contractor, its
officers, members, agents, employees and subcontractors, have fully complied with all
provisions of same and that no employee, employee -applicant or program participant has been
discriminated against by the terms of such ordinances by either the Contractor or its officers,
members, agents, employees or subcontractors.
9. Prohibition Against Interest
a. 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 or her tenure or for one year thereafter, shall have any interest, direct or
indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed
hereunder. Contractor shall incorporate, or cause to be incorporated, like language prohibiting
such interest in all contracts and subcontracts hereunder.
b. No member, officer, employee, or program participant of Contractor or its subcontractors shall
have a financial interest, direct or indirect, in this contract or the funds transferred hereunder or
be financially interested, directly or indirectly, in the sale to Contractor of any land, materials,
supplies or services purchased with any funds transferred hereunder, except on behalf of
Contractor, as an officer, employee, member or program participant. Any willful violation of
this paragraph with the knowledge, expressed or implied, of Contractor or its subcontractors
shall render this contract voidable by the City of Fort Worth.
10. Minority and Women Business Enterprise Commitment
Contractor agrees to abide by the City of Fort Worth's policy to involve minority and women
business enterprises (MIWBEs) in all phases its procurement practices and to provide them an equal
opportunity to compete for contracts for construction, provision of professional services, purchase
of equipment and supplies and provision of other services required by City. Therefore, Contractor
agrees to incorporate City Ordinance No. 11923, and all amendments or successor policies thereto,
into all contracts and will further require all persons or entities with whom it contracts to comply
with said Policy.
11. Non -Assignment
Contractor will not assign any or all of its rights or responsibilities under this contract without the
prior written approval of City. Any purported assignment without such approval will be a breach of
this contract and void in all respects.
12. Independent Contractor
a. Contractor shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of City. Contractor shall have exclusive control of, and the exclusive right
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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 Contractor, 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
Contractor. It is expressly understood and agreed that no officer, member, agent, employee,
subcontractor, licensee or invitee of the Contractor, nor any program participant hereunder, is in
the paid service of City and that City does not have the legal right to control the details of the
tasks performed hereunder by Contractor, its officers, members, agents, employees,
subcontractors, program participants, licensees or invitees.
b. City shall in no way nor under any circumstances be responsible for any property belonging to
Contractor, its officers, members, agents, employees, subcontractors, program participants,
licensees or invitees, which may be lost, stolen, destroyed or in any way damaged; and
Contractor hereby indemnifies and holds harmless City and its officers, agents, and employees
from and against any and all claims or suits.
13. Indemnification, Hold Harmless and Defense Agreement
Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense,
City and its officers, agents, servants and employees from and against any and all claims or suits for
property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of or in connection with the
execution, performance, attempted performance or nonperformance of this contract and agreement
and/or the operations, activities and services of the Program described herein, whether or not
caused, in whole or in part, by alleged negligence of officers, agents, servants, employees,
contractors or subcontractors of City; and Contractor hereby assumes all liability and responsibility
of City and its officers, agents, servants, and employees for any and all claims or suits for property
loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kinds
or character, whether real or asserted, arising out of or in connection with the execution,
performance, attempted performance or non-performance of this contract and agreement and/or the
operations, activities and services of the programs described herein, whether or not caused in whole
or in part, by alleged negligence of officers, agents, servants, employees, contractors or
subcontractors of City. Contractor likewise covenants and agrees to and does hereby indemnify and
hold harmless City from and against any and all injury, damage or destruction of property of City,
arising out or in connection with all acts or omissions of Contractor, its officers, members, agents,
employees, subcontractors, invitees, licensees, or program participants, or caused, in whole or in
part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of
City.
14. Insurance and Bonding
Contractor shall procure and maintain the following insurance coverage for the life of this
Contract and any extension period:
a. Liability Insurance:
• Commercial General Liability Insurance Policy:
$1,000,000, each occurrence with an aggregate limit of $2,000,000.
This insurance shall have -no exclusions by endorsement unless previously approved by City.
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• Auto Liability Insurance Policy:
$1,000,000, each occurrence
This insurance shall cover "Any Auto" used in the course of operations of Contractor.
b. Additional Insurance Requirements:
(i) Contractor shall furnish to City a certificate or certificates of insurance documenting all
insurance coverage's required herein within thirty (30) days of execution of this
contract and prior to payment of any Infill Housing Development Program funds
hereunder. Insurance documentation shall at all times in the course of this agreement
reflect current insurance coverages. Any failure on part of City to request such
documentation shall not be construed as a Waiver of any insurance requirements
specified herein.
(ii) Contractor understands and agrees that its limit of legal liability may not necessarily be
limited to the limits and lines of insurance coverages specified by City and required
herein.
(iii) Contractor understands and agrees that insurance coverages specified herein may be
revised at the City's option and in the event such are revised upward, Contractor shall
revise its insurance and provide City documentation thereof within thirty (30) days
following notice to Contractor of such requirements.
(iv) City shall be endorsed as additional insured on all Contractor's insurance policies.
(v) Contractor's insurance policies shall each be endorsed with a waiver of subrogation in
favor of the City.
(vi) Insurers of Contractor's policies must be acceptable to the City in terms of financial
strength and solvency. They shall be licensed or otherwise authorized to do business in
the State of Texas, as deemed by the Texas Department of Insurance.
15. Waiver of Immunity
If Contractor, as a charitable or nonprofit organization, has or claims an immunity or exemption
(statutory or otherwise) from and against liability for damages or injury, including death, to persons
or property; Contractor hereby expressly waives its rights to plead defensively such immunity or
exemption as against City. This section shall not be construed to affect a governmental entity's
immunities under constitutional, statutory or common law.
16. Breach of Contract
All terms, conditions and specifications of the contract shall be considered material, and failure to
perform any part of the contract shall be considered breach of contract. Should the Contractor fail to
remedy any breach of contract within fourteen (14) days after written notification to the Contractor
of the violation, the City may, at its option and in addition to any other remedies available to it
under law, terminate the contract. This contract shall not be terminated, however, if the Contractor
has commenced to cure the breach within said fourteen (14) day period, and thereafter pursues such
cure with reasonable diligence and in good faith.
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17. Termination
a. In addition to, and not in substitution for, other provisions of this Contract regarding the
provision of services with federal funds, pursuant to any applicable CDBG regulations under the
Housing and Community Development Act of 1974, as amended, HOME Program regulations
and RRP provisions, it is expressly understood and agreed by and between the parties hereto that
this Contract is wholly conditioned upon the actual receipt by City of Federal funds; that all
money distributed to Contractor hereunder shall be exclusively from Federal funds received
under said grant and not from any funds of City; and that if such funds under said grant are not
timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this contract
and agreement and City shall not be liable for payment for any work or services performed by
Contractor under or in connection with this contract.
b. City may terminate this contract whenever such termination is determined to be in the best
interest of City, in event of Contractor's default, inability or failure to perform or to comply with
any of the terms herein, or for other good cause.
c. The parties acknowledge that Federal funds paid hereunder are intended to provide only partial
funding for Contractor's program operations. If non -Federal funds included in the Operating
Budget are not forthcoming to Contractor during the contract term, City may terminate this
contract.
d. Federal funds provided hereunder may not be used as collateral for loans to Contractor to defray
program operation expenses, and any attempted use of federal funds for this purpose will result
in termination of this contract by City.
e. Termination will be effected by written notice to Contractor, specifying the portions of the
contract affected and the effective date of termination. Upon Contractor's receipt of such
termination notice, Contractor will:
(i) Stop work under the contract on the date and to the extent specified by City;
(ii) Cease expenditures of Federal funds, except as necessary for completion of the portions
of the contract not terminated; and
(iii) Terminate all orders and contracts to the extent that they relate to terminated portions of
the contract.
f. Contractor will return to City any unused funds previously advanced by City under this contract
within thirty (30) days of the effective date of contract termination. City will have no
responsibility or liability for Contractor's expenditures or actions occurring after the effective
date of contract termination.
18. Certification Regarding Lobbying
a. The undersigned representative of Contractor hereby certifies, to the best of his or her knowledge
and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of
Contractor, to any person for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or employee of Congress or an employee of a
member 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. Contractor shall require that the language of this certification be
included in all subcontracts or agreements involving the expenditure of federal funds.
b. If any funds other than federal 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, a member of
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Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this federal contract, grant, loan or cooperative agreement, Contractor shall
complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying," in accordance
with its instructions.
19. Miscellaneous Provisions
a. All terms of this contract shall apply to any and all subcontractors of Contractor who are in any
way paid with Federal funds or who perform any work in connection with Contractor's program.
b. The provisions of this agreement are severable, and, if for any reason a clause, sentence,
paragraph or other part of this agreement shall be determined to be invalid by a court or federal or
state agency, board or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect other provisions which can be given effect without the invalid
provision.
c. The failure of the City 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.
d. Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or nonperformance of this contract and agreement, venue
for said action shall lie in Tarrant County, Texas.
e. This written instrument and the exhibits attached hereto, which are incorporated by reference and
made a part of this contract for all purposes, constitute the entire agreement between the parties
hereto concerning the work and services to be performed hereunder, and any prior or
contemporaneous, oral or written agreement which purports to vary from the terms hereof 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.
12
IN WITNESS WHEREOF, the partie hereto have executed four copies of this contract in Fort
Worth, Tarrant County, Texas, this i` day of {,v}...t , A.D. 19 6T
CITY OF F RT WORTH
By:
ibby Wat n
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
By:
Assistant City Attorney
Date
O- - J /3,7
Contract Authorization
Date
13
FORT WORTH HOUSING FINANCE CORP.
By:
R ph McCloud
President, Board of Directors
STATE OF TEXAS )
COUNTY OF TARRANT )
BEFORE ME, the undersigned authority, a Notary public in and for the State of Texas, on this day
personally appeared Libby Watson, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and
that she executed the same as the act of said City of Fort Worth for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE thi
A.D. 19 K.
�►rY e1.IMTf �M " A
a .z: to of Texas
-' . o�rn�. Exp. 10-142000
STATE OF TEXAS )
COUNTY OF TARRANT )
s l day otZl
No ary Public in d for
the State of Texas
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared Ralph McCloud, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed, as the act and deed for Fort Worth Housing Finance Corp. and in the
capacity therein stated as its duly authorized officer or representative.
42
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ / day of
A.D. 19
Not Public in and for
The State of Texas
SYLVIA GLOVER
Notary PubMc
*' * STATE OF TEXAS
My OOmm, Exp, 06/30/2001
14
EXHIBIT A
PROGRAM SUMMARY
PROGRAM TITLE
FORT WORTH HOUSING FINANCE CORPORATION-INFILL HOUSING PROGRAM
CDBG
HOME
RR Prog. Inc.
TOTAL
PERSONAL SERVICES
$0
$0
$0
$0
SUPPLIES
$0.00
$0.00
$0.00
$0.00
CONTRACTUAL SERVICES
$30,000.00
$303,600.00
$527,156.00
$860,756.00
CAPITAL OUTLAY
$0.00
$0.00
$0.00
$0.00
TOTAL
$30,000.00
$303,600.00
$527,156.00
$860,756.00
DESCRIPTION:
The Fort Worth Housing Finance Corporation (HFC) is a housing development entitiy whose mission is to assist
revitalize inner-city neighborhoods and to make homeownership of decent, safe and affordable housing available
to low and moderate income persons.The HFC will use federal funds to undertake the following housing activities.
o Administer preparation costs for Contractor owned lots.
o Acquire privately owned properties for the Infill Program when they are contiguous to or near Contractor owned
properties and will contribute to the overall improvement of a neighborhood.
o Oversee the bidding and awarding of construction contracts in the Infill Program.
o Monitor work performed by construction contractors and their subcontractors to ascertain that all work is
performed completely, professionally and with an appropriate level of quality.
o Design, advertise and market houses built or rehabilitated in the Infill Program.
o Provide construction and mortgage financing from available funds.
o Secure additional financing from other public or private sources.
o Track housing inventory and provide maintenance to the existing houses in the Infill Program.
o Receive, review and determine eligibility of applications for the Infill Program.
o Provide homebuyer training and counseling.
This contract begins on the date of contract execution and ends three years thereafter.
1*4:n:11d:1
HFC BUDGET
SOURCE OF FUNDS
HOME
CDBG
RENTAL REHAB PROGRAM INCOME
AMOUNT
$303,600.00
$30,000.00
$527,156.00
TOTAL $860,756.00
EXHIBIT C
HFC-INFILL HOUSING
MONTHLY REPORT
Year To
Status of Activities Month Date
Number of Homes Sold
Number of Homes Constructed
Number of Homes Under Construction
Number of Lots Acquired
Signature of Authorized Representative Date
City of Fort Worth, Texas
tVDAyor And Council Communication
DATE
REFERENCE NUMBER
NAME
PAGE
4/20/99
C-1 7387
[LOG
05HFC
1 of 3
SUBJECT
APPROVAL OF APPROPRIATION ORDINANCES AND CONTRACT WITH THE FORT
WORTH HOUSING FINANCE CORPORATION FOR HOUSING DEVELOPMENT
ACTIVITIES
•u 9 A -
It is recommended that the City Council:
1. Authorize the City Manager to execute a contract with the Fort Worth Housing Finance Corporation
not to exceed a combined total of $860,756 in Community Development Block Grant (CDBG) funds,
Rental Rehabilitation Program Income and HOME Investment Partnerships Program (HOME) funds
to establish a revolving fund for housing development activities. The contract begins on the date of
execution and ends three years thereafter; and
2. Approve the use of up to $30,000 in CDBG funds ($5,000 from Year XXIV and $25,000 from Year
XVI), $527,156 in Rental Rehabilitation Program Income funds, and $303,600 in HOME funds
($120,000 from HOME Program Year 1997 and $183,600 from HOME Program Year 1998); and
3: Approve the deposit of $137,524 into the Fort Worth Housing Finance Corporation Fund from the
TEXPOOL Account (an investment service for public funds) of Rental Rehab Program funds used
as a source of Rental Rehab Loans; and
4. Approve the deposit of $88,766 into the Fort Worth Housing Finance Corporation Fund from the
Rental Rehab Program bank account with Bank of America, which has been maintained to issue
checks for Rental Rehab Loans; and
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Rental RehabProgram Fund by $300,866 from available funds; and
6. Approve the transfer of $300,866 from the Rental Rehab Program Fund to the Fort Worth Housing
Finance Corporation Fund; and
7. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by
$527,156 in the Fort Worth Housing Finance Corporation Fund.
DISCUSSION:
On April 23, 1996 (M&C G-1 1463), the Fort Worth City Council adopted a resolution amending the Fort
Worth Housing Finance Corporation's (FWHFC) Articles of Incorporation to effectuate changes in the
FWHFC scope of responsibility. These changes allow the FWHFC to undertake housing development
activities in designated areas that include the actual acquisition of land, development and construction
of new single-family homes that are decent, safe, sanitary and affordable to the citizens of Fort Worth.
City of Fort Worth, Texas
4vagor and Council Communication
DATE
REFERENCE NUMBER
LOG NAME
PAGE
4/20/99
C-17387
05HFC
2 of 3
SUBJECT
APPROVAL OF APPROPRIATION ORDINANCES AND --CONTRACT WITH THE FORT
WORTH HOUSING FINANCE CORPORATION FOR HOUSING DEVELOPMENT
ACTIVITIES
The Housing Department provides staff support for the FWHFC, which has constructed 27 houses
since 1996. The Housing Department manages the FWHFC funds and proposes to supplement these
funds with other federal funding it receives from the U.S. Department of Housing and Urban
Development (HUD) and other public/private sources.
The proposed federal funding sources for supplementing the FWHFC's development activities include
HOME ($303,600), CDBG ($30,000), and Rental Rehabilitation Program Income ($527,156). HUD
recently authorized the City to use Rental Rehabilitation funds for construction purposes. The Rental
Rehabilitation Program was discontinued several years ago.
The initial proposed uses for the federal funds are as follows:
• Lot acquisition in United Riverside Model Blocks $ 30,000
• New home construction in Poly Model Blocks $120,000
• New home construction in stop Six (15 units) $527,156
• Site preparation and pre -development activities $183.600
$860,756
Once these funds are recouped, they will revolve for use in future housing development.
It is anticipated that the City's continued housing development activities in the central city will generate
greater participation by private developers and will leverage other public/private investments in these
areas to preserve and develop affordable housing opportunities.
The Safety and Community Development Committee approved this recommendation at its March 11,
1999 meeting.
City of Fort. Worth, Texas
"agor and Council commu"icatio"
DATE
4/20/99
REFERENCE NUMBER
C-17387
LOG NAME
05HFC
PAGE
3 of 3
SUBJECT
APPROVAL OF APPROPRIATION ORDINANCES AND CONTRACT WITH THE FORT
WORTH HOUSING FINANCE CORPORATION FOR HOUSING DEVELOPMENT
ACTIVITIES
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, funds will be
available in the current operating budgets, as appropriated, of the Grants Fund and the Fort Worth
Housing Finance Corporation Fund.
LW:k
Submitted for City Manager's
Office by:
Libby Watson 6183
FUND
ACCOUNT
CENTER
AMOUNT
CITY SECRETARY
(to)
AP Y
.,APR 27 10
•City Secretary of the
City of Fort Worth, teas,
3) R105
464100
0052004
$137,524.00
4) R105
464100
0052004
$ 88,766.00
Originating Department Head:
Jerome Walker 7537
5) GR92
488022
005206078000
$250,000.00
5) GR92
441112
005206078000
$ 50,866.00
5) GR92
538070
005206078000
$300,866.00
6&7) R105
464100
0052004
$527,156.00
7) R105
539120
0052004
$136,524.00
7) R105
539120
0052004
$ 88,766.00
7) R105
539120
0052004
$300,866.00
(from)
2) GR76
539120
005206122710
$ 5,000.001
Additional Information Contact:
Jerome Walker 7537
2) GR76
539120
005206088960
$ 25,000.00
2) GR76
539120
005206113760
$120,000.00
2) GR76
539120
005206123430
$183,600.00
2) R105
539120
0052004
$527,156.00
6) GR92
538070
005206078000
$300,866.00
Mppted 011MUWA N0p