HomeMy WebLinkAbout025559 - General - Contract - The Far Greater Northside Historical Neighborhood AssociationCITY SECRETARY � J � C'
CONTRACT NO. � . ,
STATE OF TEXAS �
COUNTY OF TARRANT �
THIS 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 Far
Greater Northside Historical Neighborhood Association ("Contractor"), by and through Burl
Hampton, its duly authorized Board President. Contractor's business address is 2902 Lula Street,
Fort Worth, Texas 76106.
WHEREAS, the City of Fort Worth has received grant monies from the United States
Department of Housing and Urban Development ("HUD") through the HOME Investment
Partnerships Program ("HOME"), Program No. M-95- MC-480204, with which the City desires
to promote activities that expand the supply of affordable housing and the development of
partnerships among the City, local governments, local lenders, private industry and
neighborhood based, nonprofit housing organizations; and
WHEREAS, the primary purpose of the HOME program pursuant to the National
Affordable Housing Act of 1990 ("NAHA") and 24 CFR 92, ("the Regulations") is to benefit
low and very-low income citizens by providing them with affordable housing; and
WHEREAS, the citizens and the City Council of Fort Worth have determined that a
comprehensive neighborhood revitalization program is needed by low and very-low income
citizens of Fort Worth; and
WHEREAS, Contractor, a nonprofit corporation managed by a volunteer Board of
Directors, is �vorking to revitalize the Far Greater Northside area and increase the number of
decent, affordable housing units available to low and very-low income families and individuals.
NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH:
That, the parties covenant and agree as follows:
1. GENERAL PROVISIONS
1.1. Purpose
1.1.1. The express purpose of this agreement is to provide Contractor with
HOME funds not to exceed Thirty Thousand Dollars ($30,000.00), for operating
support of Contractor's housing activities in the Far Greater Northside area that
will be affordable for low and very-low income families in the City (Program), in
accordance with EXHIBIT "A" - PROGRAM SUMMARY.
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1.1.2. The City hereby certifies that Contractor is a Community Housing
Development Organization (CHDO) and must act as a owner, developer or
sponsor of the housing as defined by HUD. The CHDO is an"owner" when it
has control of the project, as evidenced by legal title or a valid contract of sale. A
CHDO is a"developer" when it owns property or has the contractual obligation to
a property owner to either obtain financing, rehabilitate or construct and transfer
title of the property and the HOME deferred payment loan obligations from the
owner to a HOME-qualified homebuyer within a specified timeframe. A CHDO
is a"sponsor" when the CHDO owns and rehabilitates a property and transfers
title and the HOME deferred payment loan obligations and recapture requirements
to a HOME-qualified homebuyer within a specified timeframe.
1.1.3. The City shall act through its agent, the City Manager, or his duly
authorized representative, unless otherwise stated in this contract. Contractor
agrees to comply with the uniform administrative requirements contained in
Section 92.505 of the HOME regulations. In addition, Contracfor must comply
with the project requirements stated in Subpart F of the Regulations.
1.2. Duration of Contract
1.2.1. This Contract begins on the date of execution and ends twelve (12} months
thereafter.
1.2.2. Contractor covenants and agrees that, in the event it desires to extend the
terms of this agreement beyond its stated date of expiration, it shall submit a
written request for extension to the City at least 60 days prior to the current
expiration date hereof and that said submission shall include the Contractor's
anticipated budget, goals and objectives for the extended period; provided,
however, that the City is under no duty or obligation to grant the requested
extension, and that any such extension must be in writing as an amendment to this
contract and approved by the City Manager. If no request for extension is
received after the expiration of the term of twelve (12) months, the unexpended
balance shall automatically revert to the City's HOME Program Fund. In such
event, the contract is deemed terminated.
1.3. Income Eligibility
1.3.1. The City uses the income definitions used by the Section 8 Program.
Annual income includes earned income, income from assets, and income from
other sources as defined by 24 CFR Part 5. Annual income is used to establish
client eligibility. In designing the program, Contractor agrees to abide by HUD
income guidelines, which are specific to the type of project that is undertaken by
Contractor. Contractor shall use the most current Income Limits for Low-Income
and Very Low-Income Families published by HUD to determine program
eligibility.
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1.4. Independent Contractor
1.4.1. 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 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 invitee.
1.4.2. 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 invitee, 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.
1.5. Termination
1.5.1. City may terminate this contract whenever such termination is determined
to be in the best interest of City, or 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.
1.5.2. The parties acknowledge that HOME funds paid hereunder are intended to
provide only partial funding for Contractor's program operations. If non-HOME
funds in the Operating Budget are not forthcoming to Contractor during the
contract term, City may terminate this contract.
1.5.3. City shall notify the Contractor in writing of any breach of this contract,
and specify a reasonable time within which to cure the particular breach. After
being notified of such non-material breach, if Contractor fails to cure the
non-material breach within the time stated in the notice, this contract shall
automatically terminate at the expiration of the stated time allowed for cure.
1.5.4. Termination will be effected by written notice to Contractor, specifying
the portions of the contract affected and the effective date of termination. Upon
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Contractor's receipt of such termination notice, Contractor will:
• Stop work under the contract on the date and to the extent specified by City;
• Cease expenditures of HOME monies, except as necessary for completion of
the portions of the contract not terminated; �nd
• Terminate all orders and contracts to the extent that they relate to terminated
portions of the contract.
1.5.5. Contractor will return to City any unused monies previously distributed
under this contract within thirty (30) days of the effective date of contract
termination. City will have no responsibility or liability for Contractor's
expenditures or actions occurring after the effective date of the contract
termination. �
1.6. Venue
1.6.1. Should any action, whether real or asserted, at law or in equity, arise out of
the execution, performance, attempted performance or non-performance of this
contract, venue for said action shall lie in Tarrant County, Texas.
1.7. Written Instrument is Entire Agreement
1.7.1. All terms of this contract shall apply to any and all subcontractors of
Contractor which are in any way paid with HOME funds or which perform any
work in connection with Contractor's Program.
1.7.2. 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, sucli invalidity shall not affect other
provisions which can be given effect without the invalid provision.
1.7.3. The failure of the City to insist upon the performance of any term or
provisian of this agreement or to exercise any right herein conferred shall not be
construed as a waiver or relinquishment to any extent of the City's right to assert
or rely upon any such term or right on any future occasion.
1.7.4. This written instrument and the exhibits attached hereto, which are
incorporated by reference and made a part of this contract for all purposes,
constitutes the entire contract between the parties hereto concerning the work and
services to be performed under this contract. Any prior or contemporaneous oral
or written agreement which purports to vary the terms of this contract shall be
void. Any amendments to the terms of this contract must be in writing and must
be approved by each party to this contract.
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1.8. Paragraph Headings
1.8.1. The paragraph headings contained herein are for convenience in reference
to this contract and are not intended to define or to limit the scope of any
provision of this contract.
2. DUTIES AND RESPONSIBILITIES OF CITY
2.1. Disbursement of Funds
2.1.1. The City will furnish federal grant funds (HUD HOME Investment
Partnerships Program No. M-95-MC-480204) for use as stated herein. The City
will monitor the use of such funds to ensure appropriate use of the funds. Funds
shall be disbursed after execution of this contract and in compliance with the
provisians therein. Disbursements from the HOME account for advance of
administrative expenses will require completion of a"Request For Funds" form,
"Detail Statement of Costs" and "Expenditure Worksheet".
2,2. Amount of Funds
2.2.1. It is agreed that the total distribution of federal grant funds made available
to or paid on behalf of Contractor, during the term of this contract shall not exceed
the total sum of Thirty Thousand Dollars ($30,000.00) for specific administrative
needs of Contractor in accordance with EXHIBIT "B"- PROGRAM BUDGET.
2.2,2. City may provide additional HOME funds to Contractor within twenty-
four months after the execution of this contract as specified in Section 92.300 (e)
of the HOME regulations for affordable housing activities to low and very-low
income people be to determined by Contractor in accordance with EXHIBIT
"A"- PROGRAM SUMMARY.
3. DUTIES AND RESPONSIBILITIES OF CONTRACTOR
3.1. Statement of Work, Budget and Time Line for Goals and Expenditures
3.1.1. Contractor will utilize HOME funds provided under this contract for
certain operating expenses to promote the development of an affordable housing
project for low and very-low income families, as defined in Paragraph 1.3.1,
above. Home funds may only be used to provide Contractor funding for activities
which are eligible and allowable expenditures pursuant to HOME regulations
specified in Section 92.208. The operating expenses are described more
specifically in EXHIBIT "B".
3.1.2. By the end of the contract period, the Contractor shall complete or submit
evidence of the following:
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• Board Resolution(s) or minutes approving CHDO geographic boundaries for
housing programs
• Evidence of control of the site(s) of the proposed housing project, e.g., option
to buy, title, etc.
• Evidence of appropriate zoning of the site for the proposed housing project
� Marketing study
• Development budget
• Housing plans and specifications
• Written construction quote from the builder
• Qualifications and tract record of proposed builder(s) and other
subcontractors, including proof of insurance and workers' comp coverage
• Letter of commitment from any permanent financing lender
• Proforma for the first five years �
• Supportive services and providers
• Plans for marketing and outreach, qualifications and intake of renters
• Compliance with terms of affordability
• Compliance with other specific HUD requirements for the proposed project,
e.g. neighborhood and site standards for new multi-family project, etc.
3.1.3. The fiinds provided under this contract are provided with the
understanding that if Contractor has not already received development funds then
the Contractor will apply for HOME CHDO program funds within a twenty-four
month period from the date of Contract execution through HOME funded
programs available at the time of its application. Funding of the application will
be conditioned upon the availability of funds at the time of application, quality of
its request, and the applicability of its funding request to existing HOME funded
programs. This contract does not establish a binding legal commitment on the part
of the City to provide HOME project funds to Contractor.
3.2. Budget
3.2.1. Contractor agrees that the HOME funds will be expended in accordance
with EXHIBIT "B". No change shall be made without prior written approval of
the City. Under no circumstances shall the total amount of program funds
expended by Contractor from funds paid by the City exceed Thirty Thousand
Dollars, ($30,000.00). ,
3.2.2. The funds from the City may be spent only to pay for actual expenses for
Program administration.
3.3. Time Line for Goals and Expenditures
3.3.1. Contractor will work in accordance with EXHIBIT "C" - PROGRAM
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TIME LINE, and ensure that program goals and expenditures correspond with
the completion of the Program. Performance of the activities and expenditures for
which advance is authorized on EXHIBITS "A" and "B" will be deemed
completed and approved by the City.
3.4. Reversion of Assets
3.4.1. Contractor agrees to return to the City any HOME funds remaining on
hand at the end of the contract. �
3.4.2. In the event the Contractor administering the HOME funds 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 HOME funds shall belong to the City and shall be
transferred to the City or to such assignees as the City may designate.
3.5. Accounting, Records and Reports
3.5.1. Contractor will establish and maintain an accounting system using
uniform and established principles of standard accounting in accordance with
Paragraph 3.6, for the documenting and controlling the expenditure of HOME
funds used in the pursuit of Program objectives to be performed in this Contract.
3.5.2. All home funds, as distributed to contractor, will be immediately deposited
by contractor in a federally-insured local bank checking account, and thereafter
disbursed by check by contractor for the purposes allowed under this contract
("allowable costs" hereinafter defined). Only HOME funds will be deposited to
this account and no other funds will be commingled with this account. The city
will have access to the records relating to this account for purposes of auditing
contractor's expenditures of the city grant, and contractor will so advise
appropriate bank officials.
3.5.3. Contractor will only use HOME funds received to defray expenditures
which are: (1) made in conformance with the specified purposes set out in
EXHIBIT "A" and all other provisions of this Contract; (2) necessary to
accomplish the Program objectives; (3) reasonable in amount of goods and
services purchased; (4) actual net costs to the Contractor (i.e., the price paid
minus any refunds, rebates, discounts or any other items of value received by
Contractor that have the effect of reducing the cost actually incurred) (5) incurred
after execution of this Contract unless specific authorization from the City to the
contrary is received; (6) satisfactorily documented; and (7) treated uniformly and
consistently under the accounting system established by Contractor �for these
purposes.
3.5.4. All costs defrayed from HOME funds will be supported by properly
executed checks, orders, payrolls, time records, invoices, contracts, vouchers, or
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other accounting dc�cuments evidencing in detail the nature and propriety of the
charges. Such documentation will be clearly identified, readily accessible and, to
the extent possible, kept separate and apart from all other such documents.
3.5.5. The City expressly reserves, for a period of five (5) years from the date of
execution of this Contract, the right to audit compliance with the terms of this
Contract, and any and all records and documents relating to expenditures made for
which HOME funds are used, or relating to any other activity under this Contract
or use of HOME funds. Contractor agrees to retain all such records and
documents for the five (5) year period.
3.5.6. In designing the program, Contractor has to determine methods to obtain
and keep on file the following information on each client served by the Program.
Such records shall be kept for the period of affordability mandated by the
Regulations.
3.5.6.1. annual income and size of the household of which the client is a member;
3.5.6.2. ethnic group of the client, using one of the following five categories:
White, not Hispanic; Blacic, not Hispanic; Hispanic; Asian or Pacific
Islander; American Indian or Alaskan Native;
3.5.6.3.
3.5.6.4.
whether the head of the client's household is male or female; and
additional statistical information as may be required by HUD regulations
and any amendments thereto.
3.5.7. In designing the program, Contractor will determine methods to keep on
file the following information and documentation on each individual project:
3.5.7.1.
3.5.7.2.
3.5.7.3.
3.5.7.4.
3.5.7.5.
3.5.7.6.
3.5.7.7.
proof that the project meets the applicable property standards;
the per unit amount of HOME dollars invested;
the compliance with the affirmative marketing requirements and existence
of acceptable procedures;
compliance with relocation requirements;
minority and female owned business data, and affirmative fair housing
actions;
compliance with lead based paint and Davis-Bacon requirements; and
compliance with conflict of interest rules.
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3.5.8. By the 15th of each month during whic� this program is supported by the
HOME funds provided under this contract (to be construed as including the use of
any asset obtained through the expenditure of HOME funds), Contractor will
supply the City with a report detailing:
3.5.8.1. progress toward goal achievement;
3.5.8.2. expenditure detail; and
3.5.8.3. match generated.
3.5.9. Reports shall be submitted in the format specified by City.
3.6. Cost Principles
3.6.1. Contractor shall comply with the requirements and standards of OMB
Circular A-122, "Cost Principles for Non-Profit Organizations" and attachments
and revisions thereto, regarding principles for determining costs for the Program.
3.6.2. For all HOME funded contracts in the amount of $300,000 or more,
Contractor must submit to City an annual audit prepared in accordance with 24
CFR part 84 generally, with specific reference to OMB Circular A-133. The
audit may cover either Contractor's fiscal year during which this contract is in
force or cover the period of the contract. This 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 the City within
(30) days of its completion.
3.6.3. 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, and Contractor agrees to allow access to all pertinent materials as .
described in section headed records and rep�rts above. If such audit reveals a
questioned practice or expenditure, such questions must be resolved within (15)
days after notice to Contractor of such nuestioned practice or expenditure. If
questions are not resolved within this period, City reserves the right to withhold
further funding under this and/or future contract(s). �
3.6.4. 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 immediately reimburse the City the amount of such monies
, so misused, misapplied or misappropriated, plus the amount of any sanctions,
penalty or other charge levied against City because of such misuse, misapplication
or misappropriation.
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3.7. Monitor Effectiveness of Services and Work
3.7.1. The City will review the activities and performance of each contractor and
subrecipient not less than annually as required in Section 92.504 (e) of the
HOME regulations.
3.7.2. Contractor agrees to fully cooperate with City in monitoring the
effectiveness of the services and work to be performed by Contractor's
compliance with the terms of this contract. The City shall have access at all
reasonable hours to offices and records (dealing with the use of the funds that are
the basis of this contract) of Contractor, its officers, directors, agents, employees,
and subcontractors for the purpose of such monitoring.
3.7.3. Contractor agrees to likewise monitor the effectiveness of the services and
work to be performed by its subcontractors.
3.8. Compliance with All Applicable Laws and Regulations
3.8.1. Federal
3.8.1.1. Contractor agrees to comply with the following laws and the regulations
issued thereunder as they are currently written or are hereafter amended
during performance of this contract:
3.8.1.1.1. Title VI of Civil Rights Act of 1964 (42 USC 2000d et seq)
3.8.1.1.2. Title VIII of Civil Rights Act of 1968 (42 USC 3601 et seq)
3.8.1.1.3. Executive Orders 11063, 11246, as amended by 11375 and as
supplemented by Department of Labor regulations (41 CFR, Part 60)
3.8.1.1.4. Section 504 of the Rehabilitation Act of 1973 (29 USC 794)
3.8.1.1.5. The Age Discrimination Act of 1975 (42 USC 6101 et seq)
3.8.1.1.6. The National Environmental Policy Act of 1969 (NEPA) and the
related authorities listed HUD's implementing regulations (24 CFR
Part 58).
3.8.1.1.7. The Immigration Reform and Control Act of 1986 (Pub. L. 99-603,
100 Stat .3359, as amended) specifically including the provisions
requiring employer verifications of legal worker status of its
employees
3.8.1.1.8. The Housing and Community Development Act of 1987 (Pub. L.
100-242, 101 Stat. 1815, as amended)
3.8.1.1.9. The Americans with Disabilities Act of 1990 (42 USC 12101 et seq)
3.8.1.1.10. The National Affordable Housing Act of 1990
3.8.1.1.11. The Drug Free Workplace Act of 1988 (24 CFR part 23, subpart F)
3.8.2. Section 3 of the Housing and Urban Development Act of 1968, as
amended, 12 USC 1701.
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3.8.2.1. As the work performed under this contract is on a project assisted under a
program providing direct federal financial assistance from HUD and is
subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 USC 1701, Contractor
covenants to abide by the requirements of the said Section 3. It requires as
follows:
3.8.2.1.1. That, to the greatest extent feasible, opportunities for training and
employment be given to lower income residents of the project area,
and;
3.8.2.1.2. That, to the greatest extent feasible, contracts for work in connection
with the project be awarded to business concerns which are located in
or owned in substantial part by persons residing in the area of the
project.
3.8.2.2. Contractor will comply with the provisions of said Section 3 and the
regulations issued pursuant thereto by HUD, set forth in 24 CFR 135, and
all applicable rules and orders of the Departinent 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.
3.8.2.3. 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.
3.8.2.4. Contractor agrees that it will include the said Section 3 clause in every
subcontract for work in connection with the project and will, at the
direction of City, take appropriate action pursuant to the subcontract upon
a finding that the subcontractor is in violation of regulations issued by
HUD, 24 CFR 135.
Contractor agrees that it will not subcontract with any subcontractor where
it has notice or knowledge that the latter has been found in violation of
regulations under 24 CFR 135 and will not let any subcontract unless the
subcontractor has first provided Contractor with a preliminary statement of
ability to comply with the requirements of these regulations.
3.8.2.5. City and Contractor understand and agree that compliance with the
provisions of Section 3, the regulations set forth in 24 CFR 135, and all
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applicable rules and orders of the Department issued thereunder prior to
the execution of this contract shall be a condition of the Federal financial
assistance provided to the project, binding upon City and Contractor, and
their respective successors, assignees and subcontractors. Failure to fulfill
these requirements shall subject Contractor and its subcontractors, its
successors and assignees, to those sanctions specified by the Grant
Agreement through which federal assistance is provided and to such
sanctions as are specified by 24 CFR 135.
3.8.3. Clean Air Act; Clean Water Act; Environmental Protection Agency (EPA)
Acts and Regulations
3.8.3.1. This contract is subject to the requirements of Section 306 of the Clean Air
Act, as amended (42 USC 1857(h) et seq.), Section 508 of the Clean Water
Act (33 USC 1368), Water Pollution Control Act, as amended (33 USC
1251 et seq.) and the regulations of the EPA with respect thereto at 40
CFR, Part 15, as amended from time to time, and Executive Order 11738
(42 USC 7606 nt.). In compliance with said regulations, Contractor agrees
and, with respect to any nonexempt transaction, shall require each
subcontractor to agree to the following requirements:
3.8.3.1.1. A stipulation that no facility to be utilized in the performance of
nonexempt contract or subcontract work is included on the List of
Violating Facilities issued by the EPA pursuant to 40 CFR 15.20; �
3.8.3.1.2. Compliance with all the requirements of Section 114 of the Clean Air
Act, as amended (42 USC 1857c-8), and Section 308 of the Federal
Water Pollution Control Act, as amended (33 USC 1318), relating to
inspection, monitoring, entry, reports and information, as well as all
other requirements specified in said Section 114 and Section 308 and
all regulations and guidelines issued hereunder;
3.8.3.1.3. A stipulation that, as a condition for the award of the contract, prornpt
notice will be given of any notification received from the Director,
Office of Federal Activities, EPA, indicating that a facility utilized or
to be utilized for the contract is under consideration to be listed on the
EPA List of Violating Facilities;
3.8.3.1.4. Agreement by Contractor that it will include or cause to be included
the criteria and requirements in Paragraphs 3.8.1 through 3.8.4 of this
section in every nonexempt subcontract, requiring that Contractor will
take such action as City may direct as a means of enforcing such
provisions.
3.8.3.2. In no event, shall any amount of the assistance provided under this
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contract be �tilized with respect to a facility which has given rise to a
conviction under the Clean Air Act or the Clean Water Act.
3.8.4. Other Laws
3.8.4.1. Contractor covenants and agrees that its officers, members, agents,
employees, program participants and subcontractors shall abide by and
comply with all other laws, (federal, state and local) relevant to the
performance of this contract, including all ordinances, rules and
regulations of the City of Fort Worth and the Regulations. Contractor
further promises and agrees that it has read, and is iamiliar with, terms and
conditions of the Regulations under which £unds are granted and that it
will fully comply with same. It is agreed and understood that, if City calls
the attention of Contractor to any such violations on the part of Contractor
or any of its officers, members, agents, employees, program participants or
subcontractors, then Contractor shall immediately desist from and correct
such violation.
3.9. Prohibition Against Discrimination
3.9.1. Generally
3.9.1.1. Contractor, in the execution, performance or attempted
performance of this contract and agreement, will not discriminate against
any person because of sex, race, religion, color or national origin, nor will
Contractor permit its officers, members, agents, employees, subcontractors
or program participants to engage in such discrimination.
3.9.2. Employment
During the performance of this contract Contractor agrees, and will require all its
subcontractors to agree, as follows:
3.9.2.1. Contractor will not unlawfully discriminate against any employee or
applicant for employment because of race, color, religion, sex or national
origin. Contractor will take affirmative action to ensure that applicants are
employed and that employees are treated fairly during employment
without regard to their race, color, religion, sex or national origin. Such
action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. Contractor agrees to post
in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination
clause.
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3.9.2.2. Contractor will, in �11 solicitations or advertisements for employees placed
by or on behalf of Contractor, state that all qualified applicants will
receive consideration for employment without regard to race, color,
religion, sex or national origin.
3.9.3. Age
3.9.3.1. In accordance with the policy of the Executive Branch of the federal
government, Contractor covenants that neither it nor any of its officers,
members, agents, employees, program participants or subcontractors,
while engaged in performing this contract, shall, in connection with the
employment, advancement or discharge of employees or in connection
with the terms, conditions or privileges of their employment, discriminate
against persons because of their age or because of any handicap, except on
the basis of a bona fide occupational qualification, retirement plan or
statutory requirement. ,
3.9.3.2. 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.
3.9.4. Disability
3.9.4.1.1. In accordance with the provisions of the Americans With Disabilities
Act of 1990 ("ADA"), Contractor warrants that it and any of its
subcontractors will not unlawfully discriminate on the basis of
disability in the provision of services to the general public, nor in the
availability, terms and/or conditions of employment for applicants for
employment with, or employees of Contractor or any of its
subcontractors. Contractor warrants it will fully comply with ADA's .
provisions and any other applicable federal, state and local laws
concerning disability and will defend, indemnify and hold City
harmless against any claims or allegations asserted by third parties or
subcontractors against City arising out of Contractor's and/or its
subcontractors' alleged failure to comply with the above-referenced
laws concerning disability discrimination in the performance of this
agreement.
3.9.5. City Ordinances
3.9.5.1. This agreement is made and entered into with reference
specifically to the ordinances codified at Chapter 17, Article III, Division
]4
3("Discrimiriation in Employment Pi�actices"), of the City Code of the
City of Fort Worth, and Contractor hereby covenants and agrees that
Contractor, its officers, members, agents, employees and subcontractors,
have fully complied with all provisions of same and that no employee,
applicant or program participant has been discriminated against by the
terms of such ordinances by either the Contractor or its officers, members,
agents, employees or subcontractors.
3.10. Prohibition Against Interest
3.10.1. No member, officer or employee of City or its designees or agents; no
member of the governing body of the locality in �vhich the Program is situated;
and no other public official of such locality or localities, who exercises any
functions or responsibilities with respect to the program funded hereunder during
his tenure or for one 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.
3.10.2. 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 monies transferred hereunder or be financially interested, directly or
indirectly, in the sale to Contractor of any land, materials, supplies or services
' purchased with any funds transferred hereunder, except on behalf of Contractor,
as an officer, employee, member or program participant. Any willful violation of
this paragraph with the knowledge, expressed or implied, of Contractor or its
subcontractors shall render this contract voidable by the City of Fort Worth.
3.10.3. No member, officer, employee, agent, consultant, elected official or
appointed official of the participating jurisdiction, Contractor or its subcontractors
who exercised any functions or responsibilities with respect to activities assisted
with HOME funds or who are in a position to participate in a decision making
process or gain inside information with regard to these activities, may obtain a.
financial interest or benefit from a HOME assisted activity, or have an interest in
any contract, subcontract, or agreement with respect thereto, or the proceeds
thereunder, either for themselves or those with whom they have family or
business ties, during their tenure or for one year thereafter.
3.11. Minority and Women Business Enterprise Commitment
3.11.1. Contractor agrees to abide by the City of Fort Worth's policy to involve
Minority and Women Business Enterprises (MWBEs) in all phases of 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.
15
Therefore, Contractor agrees to incorpor�te City Ordinance No. 11923 and
Ordinance No. 13471, EXHIBIT "D", 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.
3.12. Assignment
3.12.1. Contractor will not assign all or any part of its rights, privileges,
responsibilities, or duties under this contract without the prior written approval of
the City. Any purported assignment without such approval will constitute a breach
of this contract and will be void in all respects. It is agreed that the City has the
right to inspect and approve in writing any proposed subcontracts between
Contractor and any subcontractor engaged in any activity in conjunction with this
HOME funded project prior to ar�y charges being incurred.
3.13. Insurance and Bonding
3.13.1. 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 andlor 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 sez-vices 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 City harmless 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.
3.13.2. Contractor will maintain a blanket fidelity coverage in the form of an
insurance bond in the amount of $30,040, to insure against loss irom the fraud,
theft or dishonesty of any of Contractor's officers, agents, trustees, directors or
16
employees. The pr'oceetis of such bond shall be used to reimburse City for any
and all loss of HOME monies occasioned by such misconduct. To effectuate such
reimbursement, such bond shall include a rider stating that reimbursement for any
loss or losses thereunder shall be made directly to City for the uses and beneiit of
Contractor.
3.13.3. Contractor shall furnish to the City, in a timely manner, certificates of
insurance as proof that it has secured and paid for policies of commercial
insurance as specified herein. Such insurance shall cover all insurable rislcs
incident to or in connection with the execution, performance, attempted
performance or nonperformance of this contract and agreement. Contractor shall
maintain the following coverages and limits thereof:
3.13.3.1. Commercial General Liability Insurance
$1,000,000 each occurrence
$1,000,000 aggregate limit
3.13 3.2. Business Automobile Liability Insurance
$1,000,000 each accident
Insurance policy shall be endorsed to cover "Any Auto".
Pending availability of the following coverage, and at the discretion of the
Contractor, the policy shall be the primary responding insurance policy
versus a personal auto insurance policy if or when in the course of
Contractor's business as contracted herein.
3.13.3.3. Professional Liability Insurance
' $ 500,000 each claim
In the event the insurance policy is written on a claims made basis,
Contractor shall agree to maintain such coverage a minimum of two (2)
years post termination of the contract agreement.
Note: This insurance shall cover the Contractor and any associated Board
of Directors members.
3.13.3.4. Workers' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
$500,040 each accident
$500,000 disease - each employee
$500,000 disease — policy limit
Note: Such insurance shall cover employees performing work on any and
all projects including but not limited to construction, demolition,
rehabilitation. Coverage shall be maintained by Contractor or its
subcontractors. In the event the respective subcontractors do not maintain
coverage, the Contractor shall maintain the coverage on such
t�
subcontractors for each applicable subcontract.
3.13.3.5. Additional Requirements
Such insurance amounts shall be revised upward at City's option and that
Contractor shall revise such amounts within thirty (30) days following notice to
Contractor of such requirements.
Contractor will submit to City document that it has obtained insurance
coverage and has executed bonds as required in this contract and prior to payment of
any monies hereunder.
Each insurance policy shall be endorsed to provide City with a maximum
sixty (60) days notice of cancellation, non-renewal, and/or material change in policy
terms or coverage.
Insurance policies required herein shall be endorsed to include the City of Fort
Worth as an additional insured as its interests may appear. Additional insured parties
shall include employees, officers, agents, and volunteers of the City of Fort Worth.
The Workers' Compensation Insurance policy shall be endorsed to include a
waiver of subrogation, also referred to as a waiver of rights of recovery, in favor of
the City of Fort Worth.
Any failure on part of the City to request certiiicate(s) of insurance shall not
be construed as a waiver of such requirement nor as a waiver of the insurance
requirements themselves.
Insurers of Contractor's insurance policies shall be licensed to do business in
the state of Texas by the Department of Insurance or be otherwise eligible and
authorized to business in the state of Texas. Insurers shall be acceptable to the City
insofar as their financial strength and solvency and each such company shall have a
current minimum A.M. Best Key Rating Guide rating of A:VII or other equivalent
insurance industry standard rating unless otherwise approved by the City of For�
Worth.
Deductible limits on insurance policies shall not exceed $5,000 per occurrence
unless otherwise approved by the City of Fort Worth.
In the event there are any local, federal or other regulatory insurance or
bonding requirements for the housing program addressed in this contract, should such
requirements exceed those specified herein, the former shall prevail.
Contractor shall agree � to require its subcontractors to maintain applicable
insurance coverages, limits, and o'ther requirements as those specified herein; and,
Contractor shall require its subcontractors to provide Contractor with certificate(s) of
insurance documenting same; and, Contractor shall require its subcontractors to have
the City of Fort �Worth and the Contractor endorsed as additional insureds (as their
interests may appear) on their respective insurance policies.
3.14. Waiver of Immunity
3.14,1. If Contractor, as a charitable or nonprofit organization, has or claims an
immunity or exemption (statutory or otherwise) from and against liability for
18
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.
3.15. Certification Regarding Lobbyin�
3.15.1. The undersigned representative of Contractor hereby certifies, to the best
of his or her knowledge and belief, that:
3.15.1.1. 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
ofiicer 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.
3.15.1.2. If any funds other than federally appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a member 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
IN WITNESS WHEREOF, the parties hereto have executed four copies of this contract in Fort
Worth, Tarrant County, Texas, this ���hday of �Q,h , A.D. 20 ��.
� �
APPROVED AS TO FORM AND LEGALITY:
ATTEST:
By: ,�
Assistant City Attorney
CITY OF FORT WORTH
ay: �.�,�tL�^�
, ity Secretary
By: �?r�( �'(
,
!/ Libby Wa� on, Assistant City Manager
�`. -- /7 �1��
Contract Authorization
i �� ' � � �` � �
Date
ATTEST:
FAR GREATER NOR HSIDE HISTORICAL
NEIGHBO O SOCIATION
BY� ���it�,. c'
Burl Hampton, esi nt
20
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 this
, A.D. 20 00 .
,a� ww "�^��.`�
� t�, ROSELL,�1 BARN�S
*���* NOiARY PUBLIC
State of Texss
oF�°'{� Comm. Exp. 03-31-2001 �
� �'
STATE OF TEXAS
COUNTY OF TARRANT
� 7'� day of
���
Notary Public in and 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 Burl Hampton, 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
Far Crreater Northside Historical Neighborhood Association (FGNHNA) and that he executed the
same as the act of said FGIVHNA for the purposes and consideration therein expressed and in the
capacity therein stated as its duly authorized officer or representative.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this vZ d day of
J c,`.� �a.v- � , A.D. 20 O�.
�
' `;,,��aPyf,��.Jr.����a J� Il..�o.,a.�._.d�����.:....� II :::,.., L�1:11116i' (��i��'CJIr/V9.A
?k. � � �II���'LYI HGIt�
� MY COMMIS310N EXPIRE3 � Notary Public in and for the State of Texas
%,'vr;S�r JanUa►Y 27� 2003
21
EXHIBIT "A" PROGRAM SUMMARY
PROGRAM TITLE
FAR GREATER NORTHSIDE CHDO
PERSONNEL SERVICE
SUPPLIES
CONTRACTUAL SERVICES (SUPPORT FUNDS)
CAPITAL OUTLAY
TOTAL
APPROVED POSITIONS
DESCRIPTION:
1999 HOME-CHDO
$17,115
$300
$12,585
0
$30,000
Tl�e Far Greater Northside Historical Neighborhood Association (FGNHNA) is a certifed
Community Housing Development Organization certified to develop housing projects affordable to
very-1ow and low income persons.
The period of performance will begin on the date of contract execution and end twelve (12) months
thereafter.
PROGRAM OBJECTIVES:
To identify a project and properties to acquire or develop to provide affordable housing for very low-
income or low-income households, including the elderly. �
PROGRAM MEASURES
Submission of:
• Board Resolution(s) or minutes approving CHDO geographic boundaries for housing programs
• Evidence of control of the site(s) of the proposed housing project, e.g., option to buy, title, etc.
• Evidence of appropriate zoning of the site for the proposed hous+ng project
• Marketing study
• Development budget
• Housing plans and specifications
• Written construction quote from the builder
• Qualifications and tract record of proposed builder(s) and other subcontractors, including proof of
insurance and workers' comp coverage
• Letter of commitment from any permanent financing lender
• Proforma for the first five years
� Supportive services and providers
• Plans for marketing and outreach, qualiiications and intake of renters
• Compliance with terms of affordability
• Gompliance with other specific HUD requirements for the proposed project, e.g. neighborhood
and site standards for new multi-family project, etc.
22
EXHIBIT "B" PROGRAM BUDGET
OPERATING BUDGET �
::....::::� :::. :..............:...:...
,:.
;:T:ca�::�3�ii�g�$: HOME Other Sources
��iiau��rii� �i�viiiiiii;; CHDO
:::::`:::.::��?::;.:::::: �::: �] [C] �] �]
CDBG Fundraising Development
(� ' y� { t {yj{ Bud et F5ees
.45..��...�i. ``+5?W.i�.�.. Z{.;�n�;}�a�?..A�;;..:.Y...3kk�3;£5£FES.£�#.., j .;���:S1i3i555�fI����.:>SE���FS�.�.�!fSS� 53f#££54£i�fS�S.4.Y.f�..,'.Y� 5���35>SSSSa15���..�..�.�5'��53Fi�555£�i3��if1FEi�53f5f�SSfRV�
�.. . .�'a.:".::.. . , ,
Salaries :,;:;$�0�87; $14,970 $13,317 $2,000
FICA I. �:`;:`�;;:�rl�:$'�$: $1,445� $433
Health Inswance ' ''�''""'
� : , .'. :. ,: ;::::�:::; �
Life Inswance .. €:€:i:::::
� , ;, . �
Unemployment-State j .....:.::............:.:....i:,....:. � � �
Unemployment-Federal """�"`
��.:::';:._.;:;::�:::::i:€ii?:si:�� � � �
Worker's compensation �:; $7UU;� $700 � � �
� r�, � r...� � r,) � � �
Retirement
Misc. Frin�e Benefits I...':::° _.._.....;;:_' �;I I I I
Office Supplies
Postage
Other Operating Supplies
TeachinQ Aids
Telephone
Electric
Gas (utility)
Water/Waste
Rent
Custodial Services
cop��-
Office Equipment
Printing
Repairs
Fidelity Bond
Liability Insurance
Consultant Fee
Legal & Accounting
Aiuival Audit
Other Professional Services
Private Auto Allowance-local
Private Auto Allowance-Other
Leased Vehicle Charges
Gasoline, Oil & Lube
Conference & Seminars
Indirect Cost
Land
Furniture & Fixhues
Office Equipment Rental
_.
I. : � :::: �:����;�
I�:'� .:':�zt�i;l
�. $�Ut�;j
( ..._ . ..'.' �
I::: :,:: ::: :' �;; �;;';:: $� �t;�: �
I:":,�'�';;:°'::;:::;::��3Q:1
I'.:..:;.. ...:� �'.: ::`;;.:;::;::�:::I
_ ..... ........._._..._ ...
�_:�:.°.::::::..:. .�;;,$���l; �
I ` ::::::::::::::::::��:a�' I
I:::::;::�:�::: :�::���z��:l
..
::
�s�:I
.
I : , . ` :� �::��:I
�,. ,.: � . �50:d:
I_ , . .::`;
I _ :�60'a`
I , :::::::��8b;�:�
� ' :��
I., .. ; _.. ..�����:0`1
��:�..::::�::��::.::$�x��. �
�:;:::s:; `;;:;;.:;;�i;;��::::::::�
�;;::::_.::; ::::::::::::: �# C?:S�! �
{;::,`.";�::::�:�::€::€:':;i;:::::�::::�
__..... . _ __ ....
j;:'i;"`;; :;°;:;:';;:°iiSEi;;;:::;:i�;;�
f., ,,.....,_ ....... ....:..:.:.....:iE�
.... . . .. . ........ .
I....:... ;.$:j:;a�:�
, _.
;:
:��
� . .. . � ,.'. ,.:,. ..
�'.'' . ,. ;,I
� :.::::.::::.:.::: �;I:i�eui:l
� .. .. .. . .. . . :. ::s�
$300�
�
�
$515�
$670�
�
�
$2,000 �
�
$1,000 �
�
�
$600�
$800�
�
$3,600 �
$2,500 �
�
$400�
�
$500�
�
�
$250�
�
�
�
�
�
$1,000 �
$soo�
$200 �
$300
�
$1,000 �
$sool
�
$soo �
$2,500 �
�
�
�
�
$500�
$1,000 �
�
23
EXHIBIT "B-1" CHDO BUDGET DETAIL (FERSONNEL SERVICES)
1999
Position/Title Annual Fringe Total Salary�& % of Tiine for CHDO Total Amount'fr`om' CHDO °-��� �
_ ` + ' , , , Salar_y . Benef ts �Fringe Benefits ; Pro�ecx Development - - � Suppoxt�Fund $ " LL �
P, e cy .. .. a . . . ., � s..�. �� � � _ 4� .. n., ..� n.«�b� ,. ,��.. .�_ a. !+Y+ .4 aa .»x �„•�� w _ xM a .. m t sa. . � �`d "£���� ��.
.- _ . . u . a .c+ . ' 9'�.'3 h + d'g
1. Program Manager $14,970 $2,145 $17,115 50% n $17,115
� I
2. � $ � � $ � $
3.
�
Total
$
$
$ I4,970 I
$I
$I
$2,145 �
Note: 2,080 hours annually comprise a full-time position
$
$I
$17,115 �
50% I
�
$
$17,115
24
EXHIBIT "C" PROGRAM TIMELINE
TASKS
ADMINISTRATNE SET-UP
Hire a Director
Establish office
Establish banking accounts
Acquire liability and workman's comp insurance
Establish reporting/accounting systems
Recruit pro-bono and volunteer staff (ongoing)
BOARD DEVELOPMENT
Insurance requirements
Develop budget and fiscal oversight procedures
Develop personnel policies
Board training (ongoing)
I I
BOARD RESOLUTION APPROVING CHDO
BOUNDARIES
� �
MA�2KF.TING STUDY I I
Identify the markedneeds which will be met by
CHDO projects
� �
HOUSING PLANS AND SPECIFICATIONS I I
Project Concept Description I I
I I
QUALIFICATIONS AND TRACK RECORDS I I
OF BUILDER
Identify Certified Builders � I
I �
WRITTEN CONSTRUCTION QUOTE I I
� � � �
� � � � �
I I I I
� � � �
� � � �
I'P, . ,�,p �
I I I
� �
I I
� �
i�'� ` k g � �;� F ���:� -
='F ' w�.�,� ��.�� �,����
� � �" 4s. 3 ��
�-,� .><� ��:�:.: .����„':
2$
I PROJECTED TIMELINE
I 1-3 4-6 7-9 10-12 months
months months months
EXHIBIT "C" PROGRAM TIMELINE
TASKS I
SUPPORTIVE SERVICES AND PROVIDERS �
�
EVIDENCE OF SITE CONTROL �
Identify Site and Research Market Value -
Preliminary Evaluation of Feasibility
COMPLIANCE WITH HUD REQUIREMENTS
FOR PROJECTS
COMPLIANCE WITH TERMS OF
AFFORDABILITY
DEVELOPMENT BUDGET
COMMITMENT — PERMANENT FINANCING
LENDERS
Identify Potential Resources
Identify the Needed Resources I
�
PERFORMA FOR THE FIRST FIVE YEARS I
MARKETING AND OUTREACH PLAN
PROJECTED TIMELINE
1-3 4-6 7-9 I
months months months
�
� � �
10-12 months
26
EXHIBIT "D"
ORDINANCE H0. --��1�-4 �
REPEALING ALL MINORITY AND WOMEN BUSINESS ENTERPRISE
POLICIES AND DISADVANTAGED BUSINESS ENTERPRISE POLICIES
PREVIOUSLY ADOPTED; ADOPTING AN ORDINANCE TO REMEDY THE
UNDERUTILIZATION OF MINORITX AND WOMEN BUSINESSES, AND TO
ENHANCE THE UTILIZATTON OF SAME; DEFINING MINORITY
BUSINESS ENTERPRISE, AND WOMEN BUSINESS ENTERPRISE FOR
PURPOSE OF CERTIFICATION; REQUIRING MINORITY BUSINESS
ENTERPRISE AND WOMEN BUSIHESS ENTERPRISE PARTICYPANTS TO
BE QUALIFIED AND DOING BUSINESS IN LOCALITY FROM WHICH
THE CITY REGULARLY SOLICITS; ADOPTTNG THE U.S. SMALL
BUSINESS ADMINISTRATION'S DEFINITION FOR A SIZE STANDARD;
ESTABLISHING SEPARATE GOALS FOR MINORITY BUSINESS
ENTERPRISES AND WOMEN BUSINESS ENTERPRISES IN THE
SPECIFIC AREAS OF CONSTRUCTION, PROFESSIONAL SERVICES AND
PURCHASING; ESTABLISHING PROCEDURES FOR PROJECT SPECiFIC
GOALS; PROVIDING GENERALLY FOR THE PROCEDURES 'Z'O BE
FOLLOWED IN THE BID/PROPOSAL PROCESS; REQUTRING BIDDERS
TO SUBMIT DOCUMENTATXON OF COMPLIANCE IH ORDER TO BE
RESPONSIVE TO BID/PROPOSAL SPECIFICATIONS; ESTABLISHING
WATVER OF GOALS PROCEDURES; ALLOWTNG FOR DEBARMENT FOR
MISREPRESENTATIOI�1 OF FACTS AS IT RELATES TO COMPLIANCE;
PROVIDING SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WiiEREAS, the City Council commissioned an Availability/Disparity
Study (Study) conducted by Browne, Bortz & Coddington,
Inc. (BBC) and a Public Hearing (Hearingj conducted by
Carl Anderson, Esq, and found disparities in the
� utilization of minority and women business enterprises in
contracts awarded�by the City of Fort Worth (City); and
WHEREAS, the Study and Hearing found that discrimination occurred
in the major contracting areas (construction, purchasing,
and professional services) af the City of Fort Worth and
resulted in significant underutilization of minority and
women business enterprises; and
wHEREAS, minori�y and women business enterprises have had and
, continue to have difficulties in obtain�.ng financing,
bonding, credit, insurance, and assistance programs�have
nat been effective in either remedying the effects of
underutilization in City contracting or in preventing
ongoing underuti�izatian; and
.�.
WHEREAS., the Study and the Hearing determined that race-neutral
alternatives for enhancing minority and women business
enterprise contracting are not completely sufficient; and
WHEREAS, the City has also been a passive participant in
discriminatory behavior practiced by private industry
within the relevant Marketplace in the award of contracts
: � ' •
.� ' ' . ; '
, 1
to minorities.and women busine�ses, the purpose of this
ordirance 'is to overcome the effects oE this past
underutilization in the City's contracting processes; and
ftHEREA.s, the provisions of this ordinance may increase �e
utilization of minority and women business enterprises i�
-' contracts awarded by:the�City of Fort Worth; and
iiiiEREAB, the Ci.ty Council nocr desires to provide a narrowly
• tailored remedy for past underuta�.lization of minority and
' wotaen businesses through the annual setting and def in�ng
of percentage goals for •different categories of
� contracts, providing penalties for fraudulent misuse of
this ordinarice, requiririg regular review of the necessity
. for the provisions o� this ordinance,.l.imiting those
minority and women�s busfness enterprises that
� participate under this ordinance to those that qualify
� and do business fn the City�s Marketpl.ace, providing for
post bid submission of required information about
' minority and women business enterpri�es and establishing
waiver of goals procedures; . '
. ' :r . •
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUIICIL ,OF TIiE -CITY
. " • - • • .
- :. . OF :FQFtT..WORTH, TE�{AS, THAT: , • , . : . • , .. . .. . : '.; ,' : • - .. " .
• . SECTIUN l. .
It is the policy of the city of Fort t�iorth to attempt to
_ provide a remedy for •past underutilization ai quali.fied .minority
and women businesses and prevent ongoing underutilization of
minority and women.�busir�ess enterprises in the city�s contracting
process by ensuring �the full and equitable participation of
. . . . •
m.inority and wozaen business ente'rprises in the provision of goods
and services to the city ori a contractual basis in the �nanner
identif�ied in Attia.chment 2 of 'th�is ordinance, said Atta.chment Z
being a.part of this ordinance.
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' SECTXON 2. •
The ultimate goal of this ordinance is to�remedy the effects
o� past underutilization in the Marketplace by increasing the use
oF minority and �romen business enterprises above the present low
level to one more comparable to their availability in the Fort
Worth Marketplace. The City Council shall set an annual gaal for
3�E and WBE participation in City procurement activitigs, based
upon the availability within the Marketplace. The initial goals,
based upon availability, shall be thirteen percent (13�) for
minority businesses�and twelve percent (12�) for women businesses
and shall be reviewed as �provided for el.sewhere herein. These
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goals are not quotas. .� • .
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� : � _ ' - . ' . '. ... . � SS�ION= 3:. - . . .' , .
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The provisions oi this ordinance shall appiy' to all contracts
avarded by the City, except�as may be hereaiter.specifically
ex�..mpted, and shall be liberally construed for the accomp3.ishment
- of its policies and purposes. Speci�ic goals shall be established
in the areas of construction, professi.onal services and purchases
af other goods and services. �Goals may be set on� �,ndividual
pro j ects based on the type of work or services to be perfornaed, or
, goods to. be acquired and the availability of minori.ty and women
� . . � � .
• busirtesses in the City�s •Marketplace.
�{�►'����i��
The provisions of tlii.s ordinance shall be cansidered in
determining the responsiveness to specifications of offerors to
the bid/proposal. The City shall consider the offeror's
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responsiveness to this ordinance in the evalvation of.
bids/proposals.and shall award contracts to the lowest responsible
offeror meeting the speciiications, fnclusive of.compliance to this
rainority and womeR business enterprise ordinance.
• SECTION S.
Debariaent procedures shall be established for firms willfully
misrepresenting the facts in compliance with this ordinan�e to the
City. � � '
SECTZON �.
Waiver procedures to the regu2ations established in this -
ordinance shall be provided•for'City procureatent activities where
a public calamity requires the��emergency expenditure af funds; the
' . I j' �
''�pu�ciiase of goods o'r services� iro�n source(sj• �where .subcontrac'�ing •
or supplier apgortunities are nonexistent; where an.economic risk.
� ar undue delay for the acquisition of goods ar�services will be
• imposed on the City, or when the availability of minority and women
businesses is negligible. ' `
• SECTION 7. ' •
Fzom and after the date� this• �ardinance takes effect; - it sha3.l •
supersede all previous City Council Policies affecting minority a.nd
wotuen busi.ness enterpri�e and disadvantage business enterprises.
. .
sECTzox s. � �
The��City Manager, with the advice and counsel oF the
Disadvantaged.Business�•Enterprise Advisory Committee ("DBEAC"j in
accord with City of Fort Worth Resolution No.1148, is� hereby
�
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authari.zed to establish, imple.zaent and administer reguiations
necessary to carry outt the intent of this ordi.rtance. .�
� ' sEc�riox 9. .
The City Council siiali re'gular�y, at least every three (3�
years, determine whether there is a continuing need for a minority
and'women business enterprise program, make relevant findings, and,
if necessary, repeal in whol.e or �in part or enact appropriate
,
amendments to this ordinance.
• • SECTION 10.
It is hereby declared to be`the intention of the City Council
that the sections,•paragraphs,� sentences, clauses and phrases of
. .�.: -
this ordinance are severable, �a��d, if 'any phrase, clause, seritence,
ara a h=-or section of` tiiis -ordinance shall be• declared'
. p � •p . . •
. unconstitutional by the valid judgment or decree of any court of
� competer►t jurisdiction, such unconstitutionality shall not_ affect•
any of the remaining phrases, clauses, sentences,.paragra�hs.arid�
sections of this ordinance, since the same woul.d have been enacted
• by the City Council without the incorporation in this ordinarice of
any such.unconstitutional .phrase, clause,� sentence, paragraph or
secti.on. • . .
S$CTION 11. '
� This ordinance shall take e�fect and be i,n full for�e and
effect from on ar►d aiter June 1, 1995; provided, however, that this
ordinance shall not affect any procurement activity where formal
solicitation began before the effective date oi this ordiriance, and
it is so ordained.
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APPROVED AS TO FORM l►NU LEGI�LITY.: '
��'
� �City Att . - ,
�0' � �� 1�.�
Date: � ,
ADOpTED: '�j/� �•,� � �� .
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EFFECTIVE: • � � � �
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•ATT�GAHENT I
'.�-,,, DEFiNITIONB:
1. ��Bidder�' means any person, firm, corporation,' or •partrtership
which subsnits a bid or proposal to provide labor, goods or
services to the City for which� City funds are expended. T}le
term includes *�Offeror" as well as offers received from
providers of professional services. . '
2. �'Certitied'� means thase firins, within the Marketplace, that
are certified by either the Norti.Yi Central Texas Regional
Certi.fication Agericy (NCTRCA) or the Texas Department of
�Transportation (Tx0o2), hfghway division. ,
3. "City" means the City of Fort Worth, Texas.
4. •��construction�� means the erection, rehabiiftatian, alteration,
conversion, extension, demolition, iiaprovement, remod.elfi�tg or
repair to any'real property, inaluding streets, storm drains
and faci��.ities providing utility service awned by the City.
5. "Contract" means a b'indirig agreemen't whereby'the City either
grants a privilege or•i�s�'committed to expend or does expend
its funds or • o�her r,gsou.rces for ar in •connection with aj
� constructi.on' of any public improvement, arid b� 'purchase of any
� services (including professional services� . The tez�a inaludes'
"purchase order". _ '
6. �•Coutraat� Ofiicer�� means the person employed by the •Gity to
oversee the perfox�ciance of the . contract. •
7. "Contracti,riq Departatieut" means •the department responsibl� for
payment of contract obZigations. -
8.� �Contractor« �teans' the person, �firm; aorporatiion, or
. partriership with whom �he City has entered into an agreement.
Includes the terms "Vendor":and "PriYne Contractor".- `
9. '�Coordinator." means the administrator of the MBEJWBE Office.
lo. ."Good • Faith Ei�ort'! uieans having: absence oE malice or any
in�entivns to de�ceive; good i,ntentions arid si.ncerity to meet
� the goals of this ordinance. t3ocumentation submitted by the
bidders to explain why its good and honest �e�forts di.d not
meet or exceed the stated MBE/WBE goals. Compliance with each
. of the following steps shall satisfy the Good Faith EfFort
requirement absent proo� of fraud, misrepresen�ation, •or
intentional discrimination by the bidder: '�
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10.1. List each and every subcontracting and/or supplier
� opportunity for the completion of this project.
10.2. Obtain a current (less than two (2) months old from
. the bid operi datej list of M%WBE subcontractors
andJor suppliers fro�a the City�s M/WBE Offfce. �
10.3. Attend the pre--bid conference, if scheduled by the
City, and attempt to uti�ize M/WBEs that attended.
10.4. Solici.t bids from M/WBEs, �rithin the subcontracting
• andjor.'supplier areas pr�viously listed, at least
ten days pri.ar to bid openittg by mail.
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10.5. Solicit bids from M/WBEs, within the subcontracting
and/or supplier areas•previously listed, at least
ten days prior to bid openi.ng by telephone.
10.6. Solicit bids from MjWBEs, within the •subcontracting
andjor supp�ier areas previ.ously listed, at least
ten days prior to bid.opening by advertisement in a
local newspaper.,'. , ' .
10.7. Provide plans `and specifications or infor�ati.on
� regardi.ng th� location of plans and specification
. to 'M�WBEs. • - .' . .
10.8. Submit documerita.tion. if MjWBE bids wexe re j'ected on
� the basis af quotativn' not' being commercially
' reasonable, qualificatf.ons, etc. • . .
Note: If a SIC code list af MjWBEs is five or less;'the
bidder must contact the entire list to be' in
compl.iance with 1�0.4 and 10.5. If a SIC code�list
oi M/WBEs is more than fi.ve, the bidder zaust
contact at least two-thirds of the list but not
less than five to be in cotapliance with 10.4 and
10.5. � , . . � _ . .
No�e: Bidders who �contiriuously list the same M/WBEs� wheri
• . contact has previously been unsuccessful as result
� .. oF disconnected numbers or returned mail, will not
be deemed in compliance with the Good Faith Effort
• requirements. -
11. �'Joint •veutura�� means an association of two or more.persons. o'r
businesses to carry out a single business eriterpr3.se for
proiit for which purpose they combine their property, capital�
skills, knowledge and management i.n an agreed to proportionate
share.
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12. �"Harketplace" means the geographic market area represented by
the Fort Worthj Dal].as Consolidated Metropolitan Statistical,
Area. .
13.. "Hinority'� means a citi2en of the United States or laWfully
admitted permanent resident who is Asian-Ataerican, Amexican
Indian, Black or H3.spanic. � '
14. "Hinority Business Enterprise" is defined as a qualiffed
� business concern located in the Marketplace or doing busirtess
in the Marketplace at the time of �bid apening or during
negotiations related to proposal's ineeting the following
, criteria:
a. which is at least 51 percent owned by one �or more
minority persons, or, in the case of any publicly owned
business, .at least 51 percent af the stock is owried by
one or more minority persons; and
b. whose management• and daily business. operations are
controlled by one or•more minority persons who outn it; �
and � � � •
� �.
c. meeting the size star�dards set forth by SBA.
� / '• ' .
15: ��Procurementn n�eans the buying, renting, leas3.ng or otherwise
. ob�aining or acquiring.any supplies, materials, equipment or
services. ' � - � • .
16. "Professioual 8ervices�� ' mearis services wh3.ch require
predominantly men�al or intelxectual labor and •skills,
includes, but is not necessarily limited to, architects,
engineers, surveyors, doctors,�attorneys, and�accountants.•
17. "Pro�ect Manager� see Contract Officer.
�� � �.8. "Purchasinq'� means the bitying, renting, leasinq or o'�heiwise
. obtaining or acquiring any 'supplies, taateriztls, equiiptaent' or
services excluding construction and proiessional services.
previously defined. � � �
1+9. "Quali�ie3��
previously
industry or
means an
�erformed
profession
individual or
or received
required.
business entity having
training in the work,
20. "Si.�e standard" is the average annual gross receipts for a
company and its affiliates for the previous three (3� fiscal
years which must not exceed the amounts as deEined by the
United States Stnall Business Administration�s (SBA)-standard
industry classificati.on (sic� codes. These codes are outlined
in the most recent edition of SBA 49 CFR 23.62, Appendix B and
13.CFR 121.401-407 and 601. �
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21. ��subcontract�� means an agreement betxeen � the� contractor �d
another business entity for the perfor:aance of work. -
22. "Aomen Business Enterprise'� is defined as a qualifi.ed business
concern located'�n the Marketp].ace or doinq business in the
Marketplace at�the time of competitive bid apening or during
negotiations related •to proposals meeting the following
criteria:
a. Khich is at least, 51 percent owned by ane or more
uomen, or, in the case of any publicly owned business, at
least 51 percent of the stock is owned by one or more
� wotnen; and .
b. whose management and daily bu.siness operat�.ons are
co�trolled by one or more women who own it.
a. iaeeting the size standards set forth by SBA.
i I . , PROGRAM GOALS •• .
: ;r.:
(A) City-w5,de goals for �the;::. utilization. of minority business
enterprises (MBE) arid women business enterprises (tdBE) sha13.
•• be reviewed and.approv�d annually by the City Council.
(ij The City Manager shall, on or before October 31 of each
year, beginning October 31, 1996, conduct an ar�alysis of the
availability af MBEs and WSEs and present t4 the City Council
an annual report on' MBE and WBE availability and util�zation.
Based on the availability of MBE/WBEs in the Marketp3,ace atid
the City's most recent goals attainment anc� with the advice
and counsei of the DBEAC, the City Manager shall reco�une�d to
the City Council reasonable goals for the remainder of the
current fiscal year. � • .
(2j These goals shall, be expressed in terms of pe�ceritages of �
' tYie total dollar valtte of all �contracts to be awarded• by the
City, and �stial.l be established separately for categories of :
construction, professional services, and�purchasing ns well as
any other categories that the City Council ar City Manager
� deem appropria�te. • � . .
(Bj Individual project goals shall be set by�the M/taBE Office in
collaboration with the Contract Officer and Risk Manageuient
(where appropriate) prior to solicitation. These project
goals shall be reasonable�and shall. be based uponi ••
(1) Specif ic subcontracting and/or materiaJ.s opportunities.
required to complete the project, and
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(2) The ava�lability �af HBE/WBE in the' �identiiied
subcontracting and/or �aterials opportunities in�-the
Marketplace. � .
(Cj
MBE/WBE participation shall be counted toward mee�ing MBE and
WBE goals in accordance with the folloWing provisions:
{1j For the purpose of determining couiplf'ance with the goals
requirements established in'this ordi�ance, businesses
will be counted as MBE and WBE only when they have heen
. certified as: such prior to award. of the bid ar proposal.
(2j Any business(es) listed by an�oFferor which is not
certified prior to award of bid/proposal will. have ihat
awount of participation deducted fro�n the tota7. MBEjWBE
. utilization in' order to determine .the afferor�s
responsiveness." It is the responsibili.ty of the oFferor
to secure additional certiiied or certifiable MBE/WBE
• participation before responsiveness to this ordinance is
determined. •
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(3� The oFferor may coutntr.toward its tiBE or WBE goals first
and second tier � MBE. artd WBE subcontractors and/ar
suppliers. . � � - �
�
. • (4) The• offeror 'will ,be
contract g4a1 only
. .commercially useful
considered to have
function �rhen: '� •
a
given credit �oward �he MBEjWBE
when the MBE or� WBE performs a
function. An MBE or. WBE is
performed a comruercially useful.
.�
a) it is responsible for the execution of.a distirict
. eiement . of the wof�k by actually perforAifng,
managing �and �supervising the work involved in
accordance with normal business practice; and .
b� the firm receives due compensation as agreed upon �
for the work 'performed. � - ' '
.
{5) � Regardless of whether an � arrangetaent'� between the�'
'contractor and the MBE/WBE represents'standard industry
,practice, if the' arrangement erodes �the� ownership,
control or independenc� of the MBE/WBE �or does not meet
the commercially useful function requirement, the offeror
.shail receive no credit toward the goals.
( 6 j .An of f eror may _count toward its MBE or WBE goal a portion
bf the total' dol].ar value of a contract with a joint
' venture equal. to the percentage of MBE or WBE participa-
� tion in the joint venture. The MBE or WBE involved in
the joint venture must be responsib].e for a c].ea.rly
defined portion of the work to be performed, equal to a
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share in the ownership, control, knowledge, manageme.tit,
�responsibility, risks, and �rof�.ts of the joint--venture.
(7) E�tcept for joint ventures, all prime contractors, Whether
� same be majority tirms, MBE ar WBE,- �shall comply vith
this ordinance in order ta be considered responsive.
(8) The bidder may not count toward the goal any agreements
with HBE or WBE that �are not located' within the
Marketplace or otherwise do not meet the guidelines as
set�forth in this section. ; ,
�x� • �IBE AND %IBS II�ILIZATZON RFOt1IREHENTB �
(A� In addition to the requirements set forth elsewhere, bid
conditions and requests for proposals' shall include a-
statiement of both MBE and .WBE goals established for the
.
project. . .
(B) Bfd conditions, requests _for proposals, and al.l other
specifications for cqritzacts to be awarded by the City shall
require that ofEerors zuake a good faith effort to subcantract
�� with or purchase supplies 'from MBE and WBE. � such
• - specifica,tions shall require the oFferor to meet or exceed the
,�- , stated goals or submi� documenta�ion of GFE for all contracts
af $25, 000 or ntore to permit a deteru�ina�ion af compliance
. with the specifications or requests for prop�isals. .. :
(Cj Construction and Professional •Services contracts and such
other contracts� �rhich iaay be .competed � for under sealed
propasal proceciures (estitaated cost of $25, 000 or more) :and
Purchasing contracts (estimated cost of $15,000 or�more��shall
be awarded and administered in accordarice with the iol3.owing
standards and procedures: . •
'.(ij �Competitive bids shall include the .� MBE and 1rI8E
specifi.catiorts iri �he� bid specifications. 3dBE`aud-WBE
specifications .consist of the sPEC2AL 2NSTRUCTIONS TO
$IDDERS, AFFIDAVI� STATEMEN`r, MBE/WBE LJTILIZATIOPi FOAK,
PRIME CONTRACI`OR WAIVER FORM and the G40D FAITH EFFORT
� FORM. ' • �
(a) The AFFIDAVI2 STATEMENT shall b.e submitted with the
.• bid on the bid opening date.
(b� The � MBE/WBE UTILYZATION FORM, PRIME CON'rRACTOR
WAIVER FORM and�or the GOOD FAITH EFFORT FORM shail
be subm�.tted ta the contracting depa.rtmer�ti no later
than 5:00 p.m.,.five (57 City business days after
•bid opening date. .
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(cj An offeror that equals or exceeds the MSE and WgE
pro�ect goal'si shail submit the MSEjWBE UTILIZATION
FORM. � �
(d) The PRIME CONTRAC'I`OR WAiVER FORM shall be submitted
with any bid that in�ludes no subcontracting
and�supplier opportunities: If substantial
� subcontracting and/or substantial supplier.
opportunities arise �in the perfoz�nance of a
� contract awarded in reliance on the PRIME
CONTR.ACTOR WAIVER FORM, the contractor shall notify
the City 'before subcorrtracts for work andJor
supplies are let and the contractor shal]. comply
with the requirements of this ordinance. ,
(e) GOOD FAITH DOCUMENTATION, �ncluding'the GOOD FAITH
.��• EFFORT FORM, shall be submitted with�any bid and/or
proposal that ,fails to include MBE/WBE
participation that- equals or exceeds the MBE/WBE
project goals.
(fj The submission .o.f- the applicable completed form(s)
within the allotted time uill be considered when
determining the responsiveness of the bid. Failure
to comply witii the bid specifications; inclusive af
the MBE and WBE specifications, shall render the
bid nora-responsive.
(2) Other than responses to Requests for�Proposals for those
professional services defined in chapter 2254 of the
' Texas Government Code, responses to Requests For
Proposals shall include a section which identiEies the
particular MBEs and/or WBEs to be uti].ized in perForming
. the contract. ' '
(a� Speci.fy . as to MBEs and WBEs; the estitaated
percentage of the MBE and WBE participation, the
type of work to � be performed by the MBE or' WBE, axtd
such other information as may� reasonably be
required to determine the responsiveness to the
Request for Proposal. •
(b) Responses that db not meet or exceed the MBE and
WBE utilization goals, as reguired by the request
for proposal, must submit a GFE explanation.
' Failure to include such GFE explanation shall
render the response non-responsive. �
(3� Initial responses to reques�s for proposals �or those
professional services defined in Chapter 2254 of the
Texas Government Code shall not include a response to
the requirements of this ordinance. The Ca.ty shall
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coraply z,rith the requireiaents of said Chapter and raruc
the professional on the basis of detaonstrated
competence arid qualifications. During negotiating the
contract with the highest ranked professiona�l, ��
professio�al shall respond to this ordinarice i.n the
manner specified in paragraph� •2 (aj above. .
(4 ) The GOOD FAITH EFFORT documentation shnll demons�rate the
Offeror's commitment and honest efforts to utilize MBE
and WBE. The burden of preparing and sub�nitting the GFE
inEormation is on the ofFeror.and will be evaluated as
part of the.responsiveness to the bi.d or appropriate
proposai. Any willful misrepresentation of facts on the
doCwnentation submitted wi3.1 constitute a basis for
classifa.cation as non-responsive and possible d�ebaz-inen�.
( 5) The contractin�g department may request the MBE(WBE Of f ice
. to waive the goaJ. requirements of this subsection� or to
reduce the amount of-the goals, for either or i�oth
MBEiWBE, 'in accordance with the provisions of the
Exceptions and S�taivers section.
(Oj The City Manager, with.the'advice and counsel of the DBEAC in
. accord with City of For'f� Worth Resolution Hti. 13.48., shall
�adopt regulations gove�ning the purchase oF goods and services
under $15,000.
(Ej in addi�ion to such other requirements as may be set forth
elsewhere, the following shalJ. apply to 'constr'uction; proies-
sional service, discretionary service,� and applicable
purchasing contracts awarded by'the City:
(1) Contracts shall incorporate this ordinance by reference,
and shall'• provide that �he iailure of any bS.ddez,
contractor or subcontractor to comp7.y with this ordinat�ce
sha13, be a material breach oF contract.� .
(2j Duxir�g the term of any.contract, any proposed.change or
deletion in MBE/WBE part�.cipation i.denti£fed in �he bid,
proposal or contract shall be reviewed by the MBE/WBE
Of�ice to determine whether such change ar del:etion is
justified in accord with the immediate followi�ng two �(2)
paragraphs. Any unjustiFied change ar deletion shall be
a material breach of the contract. '
(3) Coritracts sha11 .require that during the term of the
contract, the.contractor shall: '
(a) Make no unjustified changes or�deletions in its MBE
and WBE participation comzuitments submi�ted with
the bids, proposals or during negotiations;
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(b� If substantial subcontracti�g and/or substanti�l
.. �• , supplier opportunxties arise duri.ng the tet-:a of any
- contract that the contractor represented to the
� City that the contractor alone �rould perfozza
required by the contract, the contractor shall
notify the City before subcontracts for work a�d/or
_ supplies are let arid shall be. required to cotaply
with the provisions of this ordinance; and
(cj Maintain records reasonably necessary for monitor-
ing their compl.iance with the provisions of this
ordinance. . �
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(4) The contractor shall submit to the MBE/WBE Office for
approval a REQUEST FOR APPROVAL OF CH.ANGE FORM if, during
the term of any contract, a contractor wishes to change
� or delete one or more MBE and/or WBE subcontractor(sj.
(a� Within three (3} business days after receipt by the
MBE(WBE ofFice, the Request shall be reviewed. The
. � Request shall be approved if the charige or
• ' deletions . is ,-�,. justiFfed. The following ' shall
. constitute �•.•,jus�i�ication for the requested
' change or de].etion: �
. . ; .
. . (1.) an MBE � or WBE�s failure to provide 'workers�
compensation insurance evi.dence as required by
. state law; or • .. ,
'. ( 2� an MBE or WBE � s failure • to provide evidence of
general liability or other insurance under the
' same or � si�tilar terms as contained in �the
.. contract documents with 33.mits o� cover�ge �},Q
greater than the lower � oE 1) the 3itnits
� ' requi.red of the contirac�or by the City; or 2j.
� � the limits contained in �he contractor�s
. standaxd subcoritract or supply agreem.ents used ,
• .� on ather projects of sim�:lar size :and scope
� � and xith�n the c+ontractor�s normal busiriess
practfce arith non MBE or�WBE subcontractor�s
. ar suppliers; or . .
' (3j an MBE• or WBE's £ai2ure to •execute �he
cotitractor�s standard subcontract form in the
- � - amount of the bid, if enteri.ng a subcontract
�• � is required by the contractor in its noru�al
course af busi.ness; or
(4j •an�MBE or WBE�s default in the performance of
the executed subcontract; and •. .
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(5) all MBE and wBE subcontractors previously
submitting bids for the work are requestec� to
bid �ri the work, and, if � reasonably
practicab].e due �o time constraints, ��
� contractor obtains bids from previously non-
bidding MBEs and WBEs, and no MBE or WgE
subcontractor submits the iowest b3.d.
(bj If the MBE/WBE Office approves the�dele�ion of an
MBE or WBE and replacement by a non-MBE or WgE�
such approval shall constitute a post award waiver
to the extent of th� va�ue oF the deleted
subcontract. � • ' . .
(c) If the MBEJWBE Office denies the Request for Change
or Deletion,.the contractor may appeal the denial
to the City Manager whose decision will be final..
NOTE: •The contractdr shali submit such documentatfon
as may reasonabZy be requested by the MBE/WSE
Office to -support the contractor's request,
� The time' iietween the request by the MBE/WBE
� Office� for.•�� additional documentation and the
. deliver� o`f such documentation shall not be
includes� w�ithin the time period ' tha� the
' MBE/WBE affice is required to respond.�
NOTE: IIpon completion of the contract. and within ten
� (10 j days after recaipt of f inal payment from
• the City, .the contractor shal� provide the
MBE/WBE office with documentation to.reflect
the fina3 pa.xticipatior. of each subcontractor
and/or supplier used on the -project, inclusive
o�� MBEs and WBEs.
(5j Whenever contract, amendzaents, change order, or extxa
work orders are made individually or in the aggregate,
the contractor sYiall comply w3.tii the provisions `oE. thi.s
ordinance with respec� to the iilternates, amendment,
change orders, or extra work order. • �
(aj If the amendment,' change �order, or ex�ra•work
affects the subcontract ot an MBE or WBE, such MBE
or WBE shal.l be givett the opportunity to per�orm
such amendment; change order or extra work. _
(b) zf the amendment, change orde.r or extra work is not
covered� by any subcontract of like or simil.ar work,'
i.s work not to be_ performed by the contractor,and
the amount o£ such amendment, change order •or extra
' work exceeds ten percent (10�) of the original
contract amount, the contractor shall comply with
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�
�
�
the provisions of this ordina�ce uith respect to
such amendment, change order, or extra work.
IQ. E7�CEPTION3 AND RAIVER3
(A� If a bidder is unabie to comply with the goal require�ents
established in the Prargram Goals section of this ordinance,
such. bidder shall subtait one .of the two forms listed below
. within the al.iotted ti�ae.
(ij A Prime Contractor Waiver,'Form �(Attachment 1B) is
subraitted if the bidder wili per�orm the entire contract
.without subcontractors or suppliers. ,
iB�
(2) A Good Faith Eifort Fona (Attachment iC) is submitted if
the bidder has subcontracting and/or suppZier .
opportunities �but was unable to meet or exceed tihe
project M/W8E goals. �The bidder wi23. submit recri.tested
documentation which deiuonstrates a good faith effor� tio
rcotaply � with the goals requirements as described in the
Program Goals section�above. •.
A contracti.ng departmeiiti may request the ��IBEJWBE o�fice to
waive ar modify the c�`oal�. requirements for �BE and/or WBE by
submitting a Depaz�tmen�tal Waiver Form: in writi.ng,, prior ta
solicitation of 3�ids or proposals. The MSE�WBE Office may
grant such a waiver or reduction upon determination that:
�(ij The reasonable� and necessary requir�ments of the contract
render subcontracting or other participation of.business •
other than the bidder or proposer �:nfeasible; or • '•
(2) A public'� or aduiinistrati�ve emergency exists � which
requires the gaads or services �to be provided with
unusual immediacy; or ' �
. �S � •
(3j sufficient MBE and WBE.prov�.ding the services required by
the contract are unavailable in Y.he znarket area. af the
project, despite attempts to•locate them; or
� (�� The application �of the provisions of�this ordinance will
impose an uriwarra�,ted risk on �he City or unduly delay
. acquisi.tion of the goods or services.
« �(5j •Whenever the MBE/WBE Of�ice denies a request to waive a
� � goal, the contracting departraent may appeal'that denial
to the City Manager �rhose decision on the request shall
be f inal . '
-x�-
�
Vs �ROGRlIti ADHIN�STRATxOki
(Aj She City Manager, with the advice and counsel of the DBEAC in
accord with City of Fo�t Worth Resolution No. 1148, f$
authorized to establ.ish and'implement the regulations set
forth in thi.s ordinance. The M8E/WBE Off ice shall be
� responsible for the overall administration of the City�s MBE
and WBE Program, and its duti.es and responsibilities shall
�include: ' •
(1) Recommeriding rules and regulations �o eEfectuate this
ordi.nance; . .
(2) Mai.ntaini.ng a curre�t listing of certi.fied WBE and MBE
for distribution internally and externally on,contracts;
(3) Providing inFonaation and needed assistance to MBE and
WBE to increase their ability to compete effective].y for
the award of City contracts; �
(4j Investigating alleged violations of this ordinance and
making written recommemlations to appropriate city
authorities for rem�c�ial acti.on when appropria�e;
f,:
(5j Developing;and distributing al.l necessary forms, applica-
• tions, and docuraents necessary to cotaply ' with this
ordinafice; '
(6� Reviewing, on a regular .basis, �e progress .of depart-
ments toward achieving �the ca�egary goal.s for the'
. utilization of minority and women�s business enterprises;
(7) Making r.ecommendations to appropriate City sta.ff
regarding.methods to further the policies �and goals of
this ordinance; . �
(8} Determining MBEjWBE complfance on contracts before they .
• are submitted �o the City Council for award; ,
{9} Maintaining accurate contract performance regorting �
� system; and '
' (lOj Compiling a report reflecting the progress in attaining
the City�s annua� goals;•quarter3.y and annually.
(8) it sk�all be the responsibility of the contracting department
� to ensure that bids or proposals emanating from the• department
� • adhere to the procedures and provisions set forth in this
ordinance. �
( lj The department di.rector or desi.gnee shall a�sume primary
responsibiiity for achieving the goals of this progx'am
-18-
�
(aj The advertisements for formal bids required to be
' advertised according to statute shall appear in
minority and women--targeted �uedia, no less than •30
days before bids are du� for specif ic contractiag
, opportunities;, �
(2j The contracting department shall take the following
action to ensure that MBEs and WBEs have the maximum
- oppor.t�nity to'participate on City contracts:
�
all requ5.red statistics and- documenta-
submitted to the MBE/WBE OFfice as
and
(h) �f circumstances prevent the contracti.ng departraent
from meeting the thirty-day adverti.sing and notifi-
cation requirements, the contractir�g department
and shall review, on a continuinq basis, a21 aspects Qg
tihe program�s'operations to assure�that the purpose �,S
being at�tained. .
(bj A written notificatfon shall be sent
and women trade associations,
associations, and 'minority and women
'commerce about .the availability
advertised contracting opportunities
30 days beFore bids are due;
t�)
(d)
to minority
contractor's
chambers. of
of formally
no less than
All contract sol�.citations shall include the MSE
and WBE policy;�: '
A11. contracting'opportunities sha�l be evaluated in
an ef�ort to divide the total requirements o� a
contract to provi.de reasonable opportunities for
MBE .and WBE; • . • . •- •• • •
(ej For construction contracts, establish procedures to
ensure that all contractors. submitting ''correct
invoices are paid� twice a month aztd that.
subcontractors are paid in accord witYi �he
� subaonfiract within five (5j business days after
receipt of payment; a con�ractor�s fai.lure to �a.ke
payments within five j5j business .days shall
authorixe the . City to wi�hhold future payments iroa�•
the contractor. vnti.l compliance wi.th this ordinance
.i.s attained. � � ' �
(Ej Es�ablish guideli.nes� to ensure th�t a notice to
. proceed is not issued until signed letters of
intent or executed • agree�nents with the MBE and WBE
• have been submitted;
(g) Ensure that
ti.on are
requested;
-19-
shall perform extensive outreach to MBE a.nd WgE
associations or ather• relevant organi.zations ta �'
inform them of the contracti.ng opporturtity.
V CERTIFXCATxO.N
The City wi.11 recognize MBE and WBE that are certified by the Texas
Department •of Transportatiori {TxOOT)', highway divi.sio�, or the
North Central Texas Regfonal Certificatiion Agency (NCTRGA).
VII. CONTRACT HONITORIN(3. REPORTING, AND COHPLZANC�
r
{A), The MBEJWBE Office shall monitor compliance ai.th these
requirements during the term of the contract. If it is
determined that there is cause to believe that a contractor or
subcontractor has,f�iled to comply with any of the require-
ments of this ordinance, or the contract provisions pertaining
to MBE and WBE utili2ation, the MBE/WBE Office shall noti€y
• the contracting.departwent and the contractor.
The �EJWBE Offic,e shall:�ttempt to resolve the noncompliance
through conciliation. ,;��, If the � noncompliance canziot. be
resolved, the �oordina'tor and the contracting department shall
submit written reco�nendations to. the City Manager or
designee, and if the Ci:ty Manager concurs With the fir:dings,
sanctions shall be imposed as stated �n ordinance.- .
(Bj whenever the MSE/W8E OfFice f�nds, after investigation, that
a contracting department has failed � to cQmpl.y wit.h the
provisions oP this ordinance, a written finding speoifying the
nature of the noncompliance shall be transmitted to the
contracting departmerit, and tiie MBE/WBE oiFice sha�l attempt •�
to resolve any noncompliance through conference and
conciliation. . Shoul.d such a�tempt faii to resolve the
noncompliance, the�Coordinator shall transmit a copy of the
. findings of noncompl�ance, with a statemen� that�conciliation
was attempted and iailed,• �o the City Manager who 'shall take
appropriate action to�secure complianee.
(C) The MBE/WBE Office may require such zeports, iniormation, and
� documentat3.on from contractors, bidders, contracting agencies,
and the head of any departxaent, division, or off�ce oE the
Ca.ty of Fort Worth, as are reasonably necessary to determine
compliance with the requirements, within ten (10) day.s after
� the notice oF noncQmpliance. -
(0) Contracting depart�nents shall maintaS.n accurate records for
each contract awarded, including dollar val.ue, the_natiure of
the goods or services to be provided, the name vE the contrac-
tor awarded the contract, the efforts it employed to so3.ici.t
bids from MBE and WBE, identifying for each its dollar value,
-20-
V: .
the nature of the goods or services provi.ded, and the name of '
the subc4ntractar. � �
{E) The City Manager, with the advice and counsel of the DBEAC in
� accord with City o� Fort Worth Resolution No. 1148, shall
submit an annual report to the City Cauncil on the progress of
_the City towa'rd the utilization goals establfshed by this
ordinance, together with an 3.dentificati.on of problems and
speciFic recomzaendati.ons for itapraving the City's periormance.
VIII. UEBARMENT •� '
• (A) The misrepresentation of facts (other than a�negligent
misrepresentation) andjor the commission of fraud by an
� offeror wi.11 result in the offeror being determi.ned to be an
irresponsible oFferor and ba.rred •from partic3.pating in City
work for a period oF time of not less-Y,han three (3j years.
' (8) �,'he MBEjWSE Office will send a written statement of facts and
a re..commendation for .del�arment to the .City Manager. The
City Manager, after ,consultation with the Department of Law,
.' will make the � decisi.ori, reg'arding debarment and • send a
certi.fied nbtice to the Offeror. .
. i - • • •
(C) An offeror that receives notificati.on of debarment� may appeai
to an Appeal Board, hereinafter crQated, by giving written
� notice within ten (lOj days from the date oF receipt� o� the
. debaru�ent notice, to the City• Manager af � its request ior •
appeal. ' _ '
{D� An•Appeal Board,� consisting of not less than three members
' appointed by the City Manager wi.th the approvai of the� City -
Council, will meet within thirty (30� days fro� the date of
. receipt of the request for appeal. of debarment, unless Offefor
� reques�s an..extension of tinte. The 4Eferor will. be notified �
' oE the aieeting time and location. .�
(Ej The OfEeror will be afforded an opportuna.ty to appear with
Counsel if �they so desire,•submit documentary eviderice,•and
, confront any person t�e City presents.
{�) The Appeal Board will render its decision not more than thirty
(30) days .of the hearing and send a certified notice to the
. O�feror. • �
(G) �If the Appeal Board upholds the ori.ginal debarment, the
Offeror may appeaJ. to the City Council within ten-(10) days
from the date of recea:pt of the Appeal Board's decision by
:, giving wri.tten noti.ce to the CS.ty Manager. .
0
-21-
, �• ..
� ' , : - . - � ' - . .
. �
(H� The.appeal wi12 be.placed on the City Council aqenda aithin �
.th3.rty (30} days from � receipt of written notice, urtless .
. Offeror'requests an extensi.o� fn writinq.
•(I) Frou� the date of notification af debarment and during ttie
pendertcy of any appeal, the City tirill riot cansider offers
' �rom, award contracts to,•renew or•otherWise extend contracts
�rith, or contract dfrectly or ittdirectly through subcontracts
with the Offeror pending the Appeal Board's decision.
�X _ SEVERABILITY � • �
If any provisiott of this attachsaent or•ordinance, the app�ication
thereof to any person ar ci.rcumstance is held invalid for any
reason in a court of competent �uri.sdicti.ori, such invalidity shall
. not affect the other provisions of any other application of this�
attachment or ordinance which-can be given effect withotz� the
invalid provis�.on .or application, and to_this end, all .the
provisions of this attachment or ardi�ance are hereby declared to
be severable. � • . • • '
• � .'� • . . '
� • �`•'.
. . �' • � ; . ,
r � - '
'� , ' .
� • . ^ . .
-22-
. �
Compliance with the Citv's Minority/Women Business Enterprise Ordinance
The City has adopted a goal-driented program for the inclusion of minority and
women business enterprises (1V1lWBE) in City contracts through Ordinance No. 13471, as
amended. The Contractor has committed to meeting a 25% MJWBE goal on this project.
The total of the dollars budgeted in this contract for CHDO 5upport Fund will be used to
determine the achievement of the percentage goal on the project. Compliance by the
Contractor with the goal andlor procedures outlined in the Ordinance is mandatory;
failure by the Contractor to comply with such procedures shall constitute a breach of this
contract and shall be grounds for termination by the City.
City of Fort Worth, Texas
n►�Ayar And Caunc�l Cammun�cAt�an
DATE REFERENCE NUMBER LOG NAME PAGE
10/26/99 **C-17714 05HOME I 1 of 3
SUBJECT 1999-HOME FUNDING FOR C MMUNITY HOUSING DEVELOPMENT ORGANIZATIONS
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the use of $135,084 for Community Housing Development Organizations (CHDOs) under
Federal HOME Program Year 1999; and
2. Authorize the City Manager to execute contracts, not to exceed a combined total of $135,084 in
Fiscal Year 1999 HOME funds with the following CHDOs to administer their respective programs in
the amounts of:
a) $30,000 in Housing Support Funds to the Far Greater Northside Historical Neighborhood
Association to assist the organization with payment of operating costs associated with the
development of a single family homeownership project;
b) $30,000 in Housing Support Funds to the Fort Worth Interfaith Housing Alliance, Inc. to assist
the organization with payment of operating costs associated with the development of a senior
housing project;
c) $30,000 in Housing Support Funds to the Mitchell Boulevard Development Corporation to
assist the organization with payment of operating costs associated with the development of a
single family homeownership project;
d) $15,084 in Housing Support Funds to the United Cerebral Palsy of Tarrant County, Inc. to
assist the organization with payment of operating costs in the development of a
� homeownership project for persons with special needs;
e) $30,000 in Housing Support Funds to the Women's Second Chance to assist the
" organization with payment of operating costs associated with the development of additional
transitional housing units for homeless women and their children; and
�,. Authorize the contract performance period on these five contracts to begin on the date signed and
e"nd finrelve months thereafter; and
4. Authorize the City Manager to amend the contracts, if necessary, to achieve program goals,
provided that the amendment is within the scope of the program and in compliance with applicable
laws and regulations.
DISCUSSION:
The HOME Investment Partnerships Program is intended to be a partnership between federal, state
and local government, and non-profit and for-profit agencies that build, own, manage, finance, and
support low income housing initiatives. Participating Jurisdictions (PJs) are particularly encouraged to
City of Fopt Worth, Te.xas
��l►�Aya� And� C,au�nc�l C,ammun�cAt�an
DATE REFERENCE NUMBER LOG NAME ' PAGE
1,0/26/99 **C-17714 05HOME 2 of 3
SUBJECT 1999-HO�VIE FUNDING FOR C IVIMUNITY HOUSING DEVEL PMENT ORGANIZATIONS
work with existing community-based, non-profit housing organizations and to help .develop new housing
non-profits. To enst�re this participation, a minimum 15%0 of a PJ's HOME funds must be set-aside to
be used for Community Housing Development Organizations (CHDOs), and up to 5% may be set-aside
to fund CHDOs' operating expenses. A CHDO is a corporatiori organized under state law, which has
IRS 501(c)3 tax exempt status and is engaging, at least in part, in providing housing to low and very low
income persons. CHDOs are certified by PJs according to specific eligibility criteria. Commitments of
HOME funds must be made according to a timetable established by HUD.
For the City of Fort Worth, the total 1999 HOME funds is $2,744,000. The mandatory minimum 15%
set-aside for qualified CHDO projects is $411,600, and the �% allowable for operating expenses is
$137,200, for a total of $548,800. In addition, there is a carryover amount of $105,560 out of the 1994
CHDO Program Funds, which is the unexpended balance of two CHDO contracts.
A request for CHDO proposals was issued ori May 12, 1999, and a proposers' conference was held on
May 26, 1999. Six proposals were received 'on August 30, in response to• this solicitation. �� total
funding amount of $435,084 was requested by the six,CHAO proposers, $300,000 for programs, and
$135,084 for operating funds.
Funding for five CHDOs is being recommended as follows:
AGENCY
Far Greater Northside
Historical Neighborhood
Association
Fort Worth Interfaith
Housing Alliance, Inc.
Mitchell Boulevard
Development Corp.
SCOPE OF WORK
CHDO operating expenses for development
of a single-family homeownership project
C,HDO operating expenses for development
of a senior housing project
PROGRAM
FUNDS
�, �
$0
SUPPORT
FUND
$ 30,000
$ 30,000
$ 30,000
$ 15,084
$ 30.000
$135, 084
CHDO operating expenses for development
of a single family homeownership project
United Cerebral Palsy CHDO operating expenses for development
of 'Farrant, �lnc., of a homeownership �project for persons with
. .� :;t�. . � special needs
���Women's Second CHDO operating expenses for devetopement
Chance of transitional housing for homeless women
' � • • and their children
''��°=�Tota1 F�unds Recommended
. : �
t Y N w
$0
$0
�
$0
.City of Fort Worth, Texas
�1►�Ayar At1d Caunc�l �ammun�cAt�an
I DATE REFERENCE NUMBER LOG NAME PAGE
10/26/99 **C-17714 05HOME 3 of 3
I SUBJECT 1999-HOME FUNDING FOR C MMUNITY HOUSING DEVEL PMENT ORGANIZATIONS
The only agency requesting program funds was Ability Resources, Inc. $300,000 was requested to
assist with the acquisition of a 48-unit apartment complex for low and moderate-income persons.
Ability Resources, Inc. proposed to set aside ten of the units for persons with special needs. While staff
believes this has the potential to be a good project, insufficient due diligence has bee�n conducted to
demonstrate project feasibility. We will continue to work with Ability Resources, Inc. in �ietermining the
viability of this project. ,
The Safety and Community Development Committee approved this recommendation at� its October 12,
1999 meeting. �
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, funds will be
available in the current operating budget, "as appropriated, of the Grarits Fund.
LW:k
Submitted for City Manager's
Office by:
Libby Watson
Originating Department Head:
7erome Walker
Additional Information Contact:
6183
FUND I ACCOUNT I CENTER I AMOUNT
(to) �
GR76 539120 005206128100 $ 30,000.00
GR76 539120 005206128110 $ 30,000.00
GR76 539120 005206128120 $ 30,000.00
GR76 539120 005206128130 $ 15,084.00
GR76 539120 005206128140 $ 30,000.00
(from)
GR76 539120 005206128020 $135,084.00
CITY SECRETARY
�T�RQVED
COU�ICi�.
OCT 26 1999
7537
�-��` r�'�.,
�ty Ser�toary ot tho
Citj� of Fori Worth, � ,:,..;
Jerome Walker 7537