HomeMy WebLinkAboutContract 42290 CIN SECRETARY
CaNTRACT N®..�.�a
STATE OF TEXAS §
COUNTY OF TARRANT §
This contract ("Contract") is made and entered into by and between the City of
Fort Worth (hereafter "City") and Tarrant County Housing Partnership, Inc. (hereafter
"Developer"), a Texas nonprofit corporation. City and Developer may be referred to
individually as a"Party" and jointly as "the Parties".
The Parties state as follows:
WHEREAS, City has received funds from the United States Department of
Housing and Urban Development ("HUD") for a Neighborhood Stabilization Program
("NSP"), Title III of Division B of the Housing and Economic Recovery Act of 2008 (the
"Act"or"HERA");
WHEREAS, one of the primary purposes of Title III of HERA is to aid in the
redevelopment of abandoned and foreclosed homes and residential properties;
WHEREAS, on October 6, 2008, the City was notified by HUD that it would be
awarded NSP funds, and on November 11, 2009, the City Council approved the City's
plan for use of$6,307,433.00 of NSP funds, of which no less than 25% or $1,584,953.00
was to be set aside to benefit low income households earning at or below 50% of AMI
(defined below);
WHEREAS, City wishes to award Developer $1,699,755.00 of the City's NSP
funds to finance the acquisition, rehabilitation and redevelopment of a foreclosed
multifamily rental property know as the Beaty Street Apartments currently consisting of
71 multifamily units located in the 5500 block of Beaty Street in Fort Worth, TX into 66
units of quality, affordable, and accessible housing available to individuals earning at or
below 50% of AMI (the "Required Improvements" or project), as further described in
Exhibit"A"- Project Summary; and
WHEREAS, City citizens and the City Council have determined that the
development of quality, accessible, and affordable housing is needed for moderate, low,
and very low-income citizens of Fort Worth;
NOW, THEREFORE, in consideration of the mutual covenants and obligations
and responsibilities contained herein, including all Exhibits and Attachments, and subject
to the terms and conditions hereinafter stated, the Parties understand and agree as
follows:
1. INCORPORATION OF RECITALS.
City and Developer hereby agree that the recitals set forth above are true and r
correct and form the basis upon which the Parties have entered into this Apoeffient.
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2. DEFINITIONS.
In addition to terms defined in the body of this Contract, the following terms shall
have the definitions ascribed to them as follows:
Affordability Period means the period of time that housing that is purchased, renovated
or reconstructed with NSP Funds must remain affordable and subject to recapture. The
Affordability Period for this project is 15 years. The Affordability Period begins on the
date that the project status is changed to "complete" in HUD's Disaster Recovery Grant
System ("DRGR") maintained by the City and HUD as required by the NSP notices, and
applicable regulations and guidance from HUD.
Area Median Income (AMI)means the median family income for the Fort Worth-
Arlington metropolitan statistical area as established annually by HUD.
Complete Documentation means a report or reports in a form reasonably acceptable to
City that contains a summary of all NSP eligible costs expended for the Required
Improvements with the following supporting documentation as appropriate: (i) copies of
invoices for all completed work and other documents such as cancelled checks or wire
transfers necessary to demonstrate that such amounts were actually paid, including
without limitation; (ii) final lien releases signed by the general contractors or appropriate
subcontractors; (iii) copies of all City permits issued for such work and City-issued
"pass" inspections for such work; (iv) documentation to show compliance with M/WBE
bidding process for such work, as applicable; (v) Exhibits A - J; (vi) sufficient proof to
show tenant income eligibility; and (vii) any other document or records reasonably
necessary to verify costs spent for such project.
Completion shall mean the substantial completion of the Required Improvements, as
evidenced by a HUD Compliance Inspection Report with final inspection approval from
the City.
Completion Deadline means May 31, 2013.
Effective Date means the date of this Contract is fully executed by the Parties and the
City Secretary as shown by their respective signatures.
Eligible Tenant means a tenant whose annual income adjusted for family size does not
exceed 50% of AMI established by HUD. Tenant income must be verified using the
most current HUD Income Guidelines and Technical Guidance for Determining Income
and Allowances subject to Section 7.2 of this Contract. The definition of annual income
to determine tenant income eligibility under this Contract shall be the definition
contained in 24 CFR Part 5.609 as amended from time to time.
Loan Documents means security instruments including without limitation, notes, deeds
of trust, security agreements, guaranties, pledges or other similar security instruments
evidencing, securing or guaranteeing City's interest in the Required Improvements
constructed under this Contract and further evidencing, securing, or guaranteeing
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Developer's performance during the Affordability Period, as the same may from time to
time be extended, amended, restated, supplemented or otherwise modified.
NSP Funds means City's NSP funds supplied by City to Developer under the terms of
this Contract.
NSP Requirements means all statutes and regulations governing the NSP Program
including Title III of Division B of the Housing and Economic Recovery Act of 2008
("HERA") and any related regulations; the American Recovery and Reinvestment Act of
2009 including but not limited to regulations published in the October 6, 2008 Federal
Register; the NSP Federal Register Notice, 73 FR 5830; the requirements applicable to
entitlement communities under the Community Development Block Grant("CDBG")
Regulations, 24 CFR Part 570; applicable provisions of the HOME Investment
Partnerships Program ("HOME") and the HOME Regulations at 24 CFR Part 92; and the
terms of the City's Grant Agreement with HUD for its award of NSP funds, City
Secretary Contract No. 38388.
Property means the land on which the Required Improvements shall be constructed as
more particularly described in and encumbered by the deed of trust.
Required Improvements or the project means all the improvements to the Property for
an affordable rental housing project to be constructed on the Property, together with all
fixtures, tenant improvements and appurtenances now or later to be located on the
Property and/or in such improvements. The Required Improvements are commonly
known as the Beaty Street Apartments.
Source Documentation means any documentation allowed under the 24 CFR Part 5.609
definition of annual income.
3. TERM AND EXTENSION.
3.1 Term.
The term of this Contract begins on the Effective Date and terminates in 2 years
unless terminated as provided in this Contract.
3.2 Extension.
This Contract may be extended for 1 year upon Developer submitting a request
for an extension in writing at least 60 days prior to the end of the Contract term. The
request for extension shall include Developer's anticipated budget and goals and
objectives for the extended term. It is specifically understood that it is within City's sole
discretion whether to approve or deny Developer's request for an additional term. Any
such extension must be in writing as an amendment to this Contract.
4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Loan of NSP Funds.
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City shall loan up to One Million Six Hundred Ninety-Nine Thousand Seven
Hundred Fifty-Five and No/100 Dollars ($1,699,755.00) of NSP Funds in the form of a
subordinate loan to complete the acquisition, rehabilitation and reconstruction of the
Required Improvements, under the terms and conditions described herein(the"Loan").
4.2 City Will Monitor.
City will monitor the activities and performance of Developer and its contractors
as often as is deemed necessary by City in its sole discretion.
5. DEVELOPER OBLIGATIONS.
5.1 Required Improvements.
In accordance with the terms and conditions of this Contract, Developer shall
construct the Required Improvements as described in Exhibit"A"—Project Summary.
5.1.1 Inspections.
The project must pass inspection and be approved during the construction period
as shown on a HUD Compliance Inspection Report completed by the City's Housing and
Economic Development Department inspectors .
5.2. Construction Schedule.
Developer will construct the Required Improvements in accordance with the
schedule set forth in the attached Exhibit "C" — Construction Schedule. Developer
shall not begin construction until City sends a Notice to Proceed. Developer's failure to
meet the construction schedule shall be an event of default. The City may at its sole
discretion approve any changes to the Construction Schedule after Developer has
submitted a written request for the change and a proposed modified Construction
Schedule. If approved, then the Parties shall execute an amendment to the Contract.
5.3 Use of NSP Funds.
5.3.1 Expenditures in Compliance with NSP Requirements and Contract.
Developer shall be reimbursed for the project costs with NSP Funds only if:
5.3.1.1 Costs are eligible expenditures in accordance with NSP
Requirements as determined by the City in its sole discretion.
5.3.1.2 Costs are in compliance with this Contract as determined by the
City in its sole discretion and are reasonable and consistent with
industry norms.
5.3.1.3 Complete Documentation as determined by the City in its sole
discretion is submitted by Developer.
5.3.2 Bud?-et.
Developer agrees that the NSP Funds will be reimbursed in accordance with
Exhibit "B" - Budget. Developer may not increase or decrease line-item amounts in the
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Budget without the prior written approval of the director of the Housing and Economic
Development Department of the City of Fort Worth.
5.3.3. Security for City's Interest.
To secure City's interest in the Required Improvements in the event that
Developer is unable for any reason to fully complete its obligations under this Contract,
Developer shall execute the Promissory Note and any other Loan Documents and record
the Deed of Trust encumbering the real property on which the Required Improvements
will be constructed. No funds will be paid or reimbursed until the Deed of Trust is
recorded.
5.3.4 Loan Terms and Conditions.
Developer will be required to:
5.3.4.1 Execute a subordinate Promissory Note and Deed of Trust Security
Agreement — Financing Statement and other Loan Documents
secured by Developer's interest in the Property and Required
Improvements in the amount of the Loan.
5.3.4.2 Provide City with a Mortgagee's Policy of title insurance in the
amount of the Loan.
5.3.4.3 Pay all costs associated with closing the Loan.
5.3.4.4 At least 1 business day before closing, Developer will provide to
City the estimated settlement statement.
5.3.4.5 Ensure City's lien is only subordinate to the senior indebtedness
described in a subordination agreement between City and the
construction lender and/or the permanent finance lender. City
must approve in writing any secured financing that is to be
subordinate to City' Loan.
5.3.4.6 The term of the Loan shall commence on the date of the
Promissory Note and shall terminate with the end of the
Affordability Period.
5.3.4.7 Payment will be deferred throughout the Loan term. The Loan is
forgivable at the end of the Affordability Period, provided that all
Affordability Requirements and NSP Requirements have been met
and Developer is not otherwise in default of the Loan terms or of
this Contract.
5.3.4.8 Early repayment of the Loan shall not relieve Developer of its
obligations under this Contract or the NSP Requirements and will
not result in the release of the Deed of Trust which must remain in
place until the end of the Affordability Period to secure
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Developer's performance hereunder.
5.3.4.9 City agrees that its Loan shall be subordinate to Developer's
construction and/or permanent lenders and City agrees to execute
subordination agreements as requested by the construction and/or
permanent lender. City also agree to execute partial releases as
may be necessary as determined by City in its sole discretion to
allow Developer to complete its obligations under this Contract
provided that Developer is not otherwise in default of the
provisions of this Contract including but not limited to those
provisions relating to tenant income eligibility under the NSP
Program requirements, and so long as the partial release is in the
City's best interest. The Deed of Trust will continue to secure
Developer's performance of its obligations hereunder throughout
the Affordability Period regardless of any repayment of the Loan.
5.3.4.10 Except for permanent loan conversion with Developer's
permanent lender, refinancing by Developer shall require the
review and prior written approval of City, which approval shall not
be unreasonably withheld.
5.3.4.11 Any failure by Developer to comply with this Section 5.3.4
will be an Event of Default under this Contract and the Loan
Documents.
5.3.5 Payment of NSP Funds to Developer.
NSP Funds will be disbursed to Developer on a reimbursement basis upon
Developer's written and signed request for reimbursement and submission of Complete
Documentation to City in accordance with Exhibit "C" — Construction Schedule,
attached hereto and made apart hereof for all purposes.
5.3.6 Maintain Affordability Requirements.
Developer shall ensure that Required Improvements shall remain affordable
throughout the Affordability Period as required by the NSP Requirements. There shall be
a 10% payment of the total Loan amount by Developer to City as liquidated damages if
Affordability Requirements are not maintained during Affordability Period.
5.3.6.1 City Monitoring for Affordability Requirements.
City will monitor the activities and performance of Developer and
its contractors in order to ensure that the Required Improvements
remain affordable and are in compliance with the NSP
Requirements and this Contract.
5.3.7 Affordability Requirement Survives Transfer.
The Required Improvements must remain affordable without regard to the term of
any mortgage or transfer of ownership, pursuant to the terms of the Loan Documents, any
deed restrictions or other mechanism provided by HUD. Any sale or transfer of the
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project during the Affordability Period, excluding a transfer due to condemnation or to
obtain utility services, will require the repayment of any unpaid principal or the new
owner or transferee must affirmatively assume in writing the obligations established
hereunder for the project.
5.3.8 NSP Funds Obligation Deadlines.
Developer must obligate the total amount of NSP Funds by March 31, 2012.
Developer must obligate at least half of that amount by December 31, 2011. To obligate
funds, Developer must follow these procedures:
5.3.8.1 Funds for property acquisition are obligated by entering into a
valid and NSP-compliant purchase agreement;
5.3.8.2 Funds for construction or rehabilitation are obligated by
completing a detailed set of plans and specifications and completing a detailed
construction/rehabilitation cost estimate based upon those specifications. Such cost
estimate may include a contingency for construction change orders of up to 15% for
rehabilitation and up to 5% for new construction;
5.3.8.3 For a property that has met the requirements above, the total
obligation amount will include the per-unit or prorated estimates of soft costs, developer
fee and sales costs based on the cost assumptions set forth in this Contract;
5.3.8.4 TCHP must report fund obligations on a monthly basis or when
requests for reimbursements are made, whichever occurs sooner.
5.3.9 Tenant Protection.
Developer agrees to comply with the Protecting Tenants at Foreclosures Act of
2009 ("PTAF") and any other laws or regulations concerning tenant protections
applicable to acquisitions of foreclosed properties with NSP Funds. Developer must
document its efforts to ensure that the initial successor in interest ("ISII") in a foreclosed
upon dwelling or residential real property(typically, the ISII in property acquired through
foreclosure is the lender or trustee for holders of obligations secured by mortgage liens)
has provided bona fide tenants with the notice and other protections outlined in PTAF.
Developer will not use NSP Funds to finance the acquisition of property from any ISII
that failed to comply with applicable requirements unless Developer assumes the
obligations of such ISII with respect to bona fide tenants. If Developer elects to assume
such obligations, it may do so only if the tenant is still occupying the property and will
provide any tenant displaced as a result of the NSP funded acquisition with the assistance
outlined in 24 CFR 570.606. If Developer knows that the ISII did not comply with the
NSP tenant protection requirements and vacated the property contrary to the NSP
requirements, NSP funds cannot be used to acquire such properties.
5.3.10 Displaced Persons.
Developer will adhere to the guidelines set forth in the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 ("URA"). Developer will
minimize displacement of persons as a result of activities assisted with NSP funds.
Developer will furnish City with its relocation plan, including budget and timelines, for
City's review and approval. Such submission shall include copies of the Notice to Seller,
General Information Notices, Notice of Eligibility and/or Notice of Non-Displacement,
Tenant Claim Forms and any other required documentation and forms related to
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relocation assistance provided under URA. Developer agrees that it will not distribute
Notice of Eligibility until after execution of the Contract.
5.4 Acknowledgement of Completion.
Within 90 days of Completion, Developer shall sign an acknowledgement that
City has met all of its obligations under this Contract, or shall sign a document stating
what City obligations are outstanding. Once City has met all of its obligations, Developer
shall sign an acknowledgement of same.
5.5 Unit Reporting.
Developer must notify the City in writing within 30 days of either of the
following occurrences:
5.5.1 any unit is occupied by a tenant who is not income eligible, or
5.5.2 any unit remains vacant for more than 90 days.
6. RENTAL HOUSING CONSTRUCTION WITH NSP FUNDS
6.1 Construction to Conform to All Applicable Laws, Building Codes and
Ordinances.
All plans, specifications and construction for the Required Improvements shall (i)
conform to all applicable Federal, state and local laws, ordinances, rules and regulations,
including NSP Requirements; (ii) meet all City building codes; (iii) be certified as
meeting the Energy Conservation requirements as required by the State of Texas in
Chapter 11 of the International Residence Code; (iv) for new construction, must conform
to the Model Energy Code, published by the Council of American Building Officials; and
(v) pass inspection by City's Housing and Economic Development Department
inspectors. Housing units constructed with NSP Funds furnished under this Contract shall
meet all applicable standards under City Codes and ordinances.
6.2 Property Standards.
Developer shall comply with the requirements contained in 24 CFR Part 92.251
as relates to Property Standards and Housing Quality Standards (HQS), and Accessibility
Standards under 24 CFR Part 92.251 (a)(3) as applicable, for the Required
Improvements.
6.2.1 Property Maintenance and Inspections.
Developer shall ensure that the project is maintained to the standards described in
Section 6 for the duration of the Affordability Period. City will verify maintenance of the
project to these standards through annual on-site inspections.
6.3 Lead-Based Paint Requirements.
If the Required Improvements include units built prior to 1978, Developer must
conduct a lead assessment in accordance with Lead Based Paint Requirements as found
in 24 CFR Part 92.355 and 24 CFR Part 35. Developer will comply with Federal lead-
based paint requirements including lead screening in housing built prior to 1978 in
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accordance with 24 CFR Part 92.355, 24 CFR Part 35, subparts A, B, J, K, M, and R, and
the Lead; Renovation, Repair and Painting Program Final Rule, 40 CFR Part 745 in the
construction and rehabilitation of the Required Improvements.
6.4 Approval by City of Plans and Specifications Not Release of
Responsibility.
Approval of any plans and specifications relating to the Required Improvements
by City shall not constitute or be deemed (i) to be a release of the responsibility or
liability of Developer or any of its contractors, their respective officers, agents,
employees and subcontractors, for the accuracy or the competency of the plans and
specifications, including, but not limited to, any related investigations, surveys, designs,
working drawings and specifications or other documents; or (ii) an assumption of any
responsibility or liability by City for any negligent act, error or omission in the conduct or
preparation of any investigation, surveys, designs, working drawings and specifications
or other documents by Developer or any of its contractors, and their respective officers,
agents, employees and subcontractors.
6.5 Approval by City of Subcontractors.
Developer will use commercially reasonable efforts to ensure that all
subcontractors utilized by Developer or Developer's general contractor are appropriately
licensed and such licenses are maintained throughout the construction of the Required
Improvements. Developer shall ensure that all subcontractors utilized by Developer or
Developer's general contractor in the construction of the Required Improvements are not
debarred or suspended from performing the subcontractor's work within the City, the
State of Texas, or the Federal government. Developer must confirm that all
subcontractors are not listed on the Federal Excluded Parties List System, www.epls.gov,
and must submit printed verification of such searches with the first reimbursement
request which include invoices from any subcontractor. Failure to submit such proof
shall be an event of default. In the event that City determines that any subcontractor has
been debarred, suspended, or is not properly licensed, Developer or Developer's general
contractor shall immediately cause the subcontractor to stop work on the project. In the
event that any subcontractor has been debarred, suspended, or is not properly licensed,
Developer or Developer's general contractor shall not be reimbursed for any work
performed by such subcontractor. However, this Section should not be construed to be an
assumption of any responsibility or liability by City for the determination of the
legitimacy, quality, ability, or good standing of any subcontractor.
7. TENANT SELECTION AND INCOME VERIFICATION.
7.1 Income Eligibility.
Developer must use the annual income definition used by 24 CFR 5.609 to establish
tenant income eligibility. Developer shall use the most current HUD Income Guidelines
and Technical Guidance for Determining Income and Allowances to determine tenant
eligibility.
7.2 Income Verification.
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7.2.1 Before executing any lease, Developer must verify all new tenants'
income eligibility with Source Documentation. Afterward, Developer must annually
verify the tenant's income, but may use the City-approved tenant self-certification form
attached hereto as Exhibit K rather than Source Documentation.
7.2.2 Not withstanding the foregoing, every 6th year of the Affordability Period,
Developer must verify the income eligibility of all tenants with Source Documentation.
7.2.3 Developer must maintain copies of such Source Documentation and all
tenant self-certification forms as required under this Contract.
7.3 Tenant Lease.
Developer shall use a tenant lease that complies with the following:
7.3.1 Length of lease term shall not exceed 2 years and may not be shorter than 1
year.
7.3.2 Lease may not include agreement by tenant to allow landlord to take, hold
or sell tenant's property without notice.
7.3.3 Lease may not include agreement by the tenant to excuse owner from
responsibility for intentional or negligent acts.
7.3.4 Lease may not authorize owner to institute a lawsuit without notice to the
tenant.
7.3.5 Lease may not include agreement by tenant to waive a jury trial or right of
appeal.
7.3.6 Lease may not include an agreement by tenant to pay legal costs of court
proceeding even if the tenant prevails in those proceedings regardless of outcome.
7.3.7 Within 30 days of execution of each lease, Developer must submit to City
Exhibit"F"—Tenant Demographic Report.
7.3.8 Developer shall provide City copies of revised lease forms within 30 days
of any change to its lease form.
7.4 Tenant Rent.
Rents charged to tenants are subject to review and approval by City. Developer
agrees to abide by HUD-approved schedules of rent levels and locally adopted utility
allowances published by the Fort Worth Housing Authority.
7.5 Tenant Selection.
Within 30 days of Contract execution, Developer must submit to City for
approval Developer's written tenant selection policies and criteria that address the
following:
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7.5.1 Tenant Selection policy must be consistent with the purpose of providing
housing for very low and low income persons.
7.5.2 Tenant Selection policy must provide for:
7.5.2.1 The selection of tenants from a written waiting list in the
chronological order of their application, insofar as is practicable;
7.5.2.2 The prompt written notification to any rejected applicant of the
grounds for such rejection; and
7.5.2.3 Bi-lingual leasing and management assistance.
7.5.3 Holders of rental assistance subsidies (such as HUD's Housing Choice
Voucher or similar subsidy) must not be excluded from renting a unit in the Required
Improvements.
7.5.4 The Tenant Selection policy must address non-discrimination and
affirmative marketing as discussed in Section 7.6.
7.5.5 The Developer must market accessible units in the following order:
7.5.5.1 Market within the project to persons requiring an accessible unit.
7.5.5.2 Reference waiting list to check for persons requiring accessible
unit.
7.5.5.3 Market to general community for persons requiring accessible unit.
7.5.5.4 Market to persons that do not require accessible unit.
7.5.6 The Tenant Selection policy must address lease requirements as discussed
in Section 7.3.
7.5.7 The Tenant Selection policy must comply with state and local
tenant/landlord laws.
7.6 Affirmative Marketing.
Developer must adopt and implement affirmative marketing procedures
and requirements for all housing assisted with HOME Funds as required by 24 CFR
92.351 if the project involves the construction of 5 or more HOME Units. The
procedures and requirements must include methods for informing the public, owners and
potential tenants about fair housing laws and policies so as to ensure that all individuals,
without regard for sex, age, race, color, creed, nationality, national origin, religion,
handicap status, disability, familial status, sexual orientation, gender identity, gender
expression or transgender, are given an equal opportunity to participate in the project.
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The procedures and requirements must also include the designation of an individual that
will be responsible for marketing the project and establishing a clear application
screening plan and the maintenance of documentation and records to evidence affirmative
marketing procedures have been implemented. Developer's affirmative marketing
procedures must be submitted to City for approval prior to implementation. City shall
have no responsibility with regard to affirmative marketing of the project.
8. Additional Requirements.
TCHP acknowledges its responsibility for adherence to all applicable terms and
conditions of this award, including obtaining a DUNS number or updating the DUNS
record. TCHP further agrees to use the NSP Funds available under this Contract to
supplement rather than supplant funds otherwise available. In addition, TCHP agrees to
the following:
8.1 Environmental Review.
NSP Funds will not be paid and costs cannot be incurred until City has conducted
and completed an environmental review of the proposed project site. The environmental
review may result in a decision to proceed with, modify, or cancel the project. Further,
Developer will not undertake or commit any funds to physical or choice limiting actions,
including property acquisition, demolition, movement, rehabilitation, conversion, repair
or construction prior to the environmental clearance, and any violation of this provision
will result in the denial of any funds under this Contract.
8.2 Contract Not Constituting Commitment of Funds or Site Approval.
Notwithstanding any provision of this Contract, the Parties agree and
acknowledge that this Contract does not constitute a commitment of funds or site
approval, and that such commitment of funds or approval may occur only upon
satisfactory completion of environmental review and receipt by City of an authorization
to use grant funds from HUD under 24 CFR Part 58.
8.3 Compliance with the Uniform Relocation Act.
Developer shall comply with the relocation requirements of 24 CFR Part 92.353
and all other applicable federal and state laws and city ordinances and requirements.
8.4 Compliance with Davis-Bacon. If applicable, Developer will comply
with the Davis-Bacon Act as described in Section 15.14 of this Contract. In order to
monitor for compliance, Developer shall provide City access to employee payrolls,
contractor and subcontractor payrolls and other wage information for persons performing
construction of the Required Improvements. In addition, Developer shall ensure that City
will have access to employees, contractors and subcontractors and their employees in
order to conduct onsite interviews with laborers and mechanics.
8.5. Monitoring.
8.5.1 Developer understands and agrees that it will be subject to monitoring by
City for compliance with the NSP Requirements for the duration of the Affordability
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Period and until the project is closed in HUD's IDIS system. Developer will provide
reports and access to project files as requested by City during the Affordability Period
and for five (5) years after closeout of this Contract in HUD's DRGR system, and will
meet all the reporting requirements set out in this Contract. This Section shall survive the
termination or expiration of this Contract.
8.5.2 City shall have access at all reasonable hours to the Developer's records
that are related to the use of the NSP Funds, and its officers, directors, agents, employees,
and contractors for the purpose of such monitoring.
8.5.3 In addition to other provisions of this Contract regarding frequency of
monitoring, City reserves the right to perform desk reviews or on-site monitoring of
Developer's compliance with the terms and conditions of this Contract, and of the
adequacy and timeliness of Developer's performance under this Contract. After each
monitoring visit, City shall provide Developer with a written report of the monitor's
findings. If the monitoring report notes deficiencies in Developer's performance, the
report shall include requirements for the timely correction of said deficiencies by
Developer. Failure by Developer to take the action specified in the monitoring report
may be cause for suspension or termination of this Contract as provided in Section 11.
8.6 Developer Procurement Standards.
Developer shall establish procurement procedures to ensure that materials and
services are obtained in a cost effective manner. When procuring services to be provided
under this Contract, Developer shall comply at a minimum with the procurement
standards at 24 CFR Part 84.40 through 24 CFR Part 84.48.
8.7 Cost Principles/Cost Reasonableness.
Developer shall administer its use of NSP Funds in compliance with OMB
Circular A-122, "Cost Principles for Non-Profit Organizations", as amended from time to
time. The allowability of costs incurred for performance rendered shall be determined in
accordance with OMB Circular A-122 as supplemented by the provisions of this
Contract.
8.8 Terms Applicable to Contractors and Subcontractors.
Developer understands and agrees that all terms of this Contract, whether
regulatory or otherwise, shall apply to any and all contractors and subcontractors of
Developer which are in any way paid with HOME Funds or who perform any work in
connection with Developer's program. Contractor shall cause all applicable provisions of
this Contract to be included in and made a part of any contract or subcontract executed in
the performance of it obligations hereunder. Developer shall monitor the services and
work performed by its contractors and subcontractors on a regular basis for compliance
with the HOME Regulations and Contract provisions. Developer is liable for all failure to
perform and violations of the HOME Regulations by its contractors or subcontractors.
City maintains the right to insist on Developer's full compliance with the terms of this
Contract and Developer is responsible for such compliance regardless of whether actions
taken to fulfill the requirements of this Contract are taken by Developer or by
Developer's contractors or subcontractors.
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9. REPORTING AND DOCUMENTATION REQUIREMENTS.
Developer shall maintain a record-keeping system as part of its performance of
this Contract and shall promptly provide City with copies of any document City deems
necessary for the effective fulfillment of City's monitoring and evaluation
responsibilities. Specifically, Developer will keep or cause to be kept an accurate record
of all actions taken and all funds spent, with supporting and back-up documentation.
10. REIMBURSEMENT REQUIREMENTS.
10.1 With each reimbursement request, Developer shall provide City with the
following reports and supporting documentation:
10.1.1 Exhibit "E" — Narrative Report. This report shall contain information
detailing activities since last submitted reimbursement request.
10.1.2 Exhibit "G" - Request For Funds. This report shall contain the amount
of funds requested for reimbursement and shall be signed by the authorized signatory of
the Developer.
10.1.3 Exhibit "H" - Detail Statement of Costs. This report shall contain
information regarding the current reimbursement request and cumulative balance and
shall be signed by the authorized signatory of the Developer.
10.1.4 Exhibit "I" - Expenditures Worksheet. This report shall and shall be
signed by the authorized signatory of the Developer and shall contain an itemized
listing of all eligible expenses requested for reimbursement. In order for this report to
be complete the following must be submitted:
10.1.4.1 Invoices for all expenses listed—the invoice must clearly show it
pertains to the site described in the project description;
10.1.4.2 Proof that the expenses were paid by the Developer which can be
satisfied by cancelled checks, wire transfers or other appropriate
banking documentation; and
10.1.4.4 Lien releases as City reasonably determines necessary. The final
reimbursement shall not be disbursed until all liens are released
to City's satisfaction as evidenced by a title report and proof of
Completion is provided.
10.1.5 Exhibit"J"- Davis Bacon Report.
10.2 The City retains the right to change reporting requirements and forms at its
discretion. Upon such change, then the Parties shall execute an amendment to the
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Contract.
10.3 Withholding Payment. IF THE REQUIRED REPORTS AND
APPROPRIATE SUPPORTING DOCUMENTATION ARE NOT RECEIVED BY
THE DUE DATE, CITY SHALL WITHHOLD PAYMENTS REQUESTED
UNDER THIS CONTRACT. Failure to submit required reports shall be an event
of default.
11. DEFAULT AND TERMINATION.
11.1 Failure to Begin or Complete the Required Improvements
11.1.1 If Developer fails to begin construction, which for the purposes of this
Contract shall be defined as substantial completion of the rehabilitation of the buildings
as described on Exhibit "A" — Project Summary, within 12 months of the execution of
this Contract, the Contract shall automatically terminate without further warning or
opportunity to cure, and with no penalty or liability to City.
11.1.2 If City determines that the Required Improvements were not completed by
the Completion Deadline, City shall have the right to terminate this Contract with no
penalty or liability to City, with such termination to be effective immediately upon
written notice.
11.2 Failure to Submit Required Documentation During Construction.
If Developer fails to submit any report or provide documentation required by this
Contract during construction of the Required Improvements as described in Section 10,
or if the submitted report or documentation is not in compliance with this Contract or
NSP Requirements as determined by City, City will notify Developer in writing and the
Developer will have 15 calendar days from the date of the written notice to submit or
resubmit any such report or documentation. If the Developer fails to submit or resubmit
any such report or documentation within such time, City shall have the right to withhold
payments or terminate this Contract effective immediately upon written notice of such
intent with no penalty or liability to City. Notwithstanding anything to the contrary
herein, City will not be required to pay any NSP Funds to Developer during the period
that any report or documentation is past due or is not in compliance with this Contract or
the NSP Requirements. In the event of termination under this Section 11.2, all NSP
Funds awarded but unpaid to Developer pursuant to this Contract shall be immediately
rescinded and Developer shall have no further right to such funds, and any NSP Funds
already paid to Developer must be repaid to City within 30 days of the termination.
Failure to repay such NSP Funds will result City exercising all legal remedies available to
City under this Contract and the Loan Documents.
11.3 Failure to Submit Required Reports and Documentation During
Operation.
If Developer fails to submit any report or documentation required by this Contract
after Required Improvements are completed, or if the submitted report or documentation
is not in compliance with this Contract or the NSP Requirements as determined by City,
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City will notify Developer in writing and the Developer will have 15 calendar days from
the date of the written notice to submit or resubmit any such report or documentation to
City. If the Developer fails to submit or resubmit any such report or documentation
within such time, City shall have the right to terminate this Contract effective
immediately upon written notice of such intent with no penalty or liability to City.
11.4 In General.
Subject to Sections 11.1, 11.2, and 11.3 and unless specifically provided
otherwise in this Contract, Developer shall be in default under this Contract if Developer
breaches any term or condition of this Contract or any other Contract between City and
Developer. In the event that such a breach remains uncured after 30 calendar days
following written notice by City or, if Developer has diligently and continuously
attempted to cure following receipt of such written notice but reasonably required more
than 30 calendar days to cure, as determined by both Parties mutually and in good faith,
City shall have the right to elect, as determined in City's sole discretion, to terminate this
Contract effective immediately upon written notice of such intent to Developer, or to
pursue any other legal remedies available to City to ensure compliance with this Contract
and the Loan Documents. In the event of termination under this Section 11.4, all NSP
Funds awarded but unpaid to Developer pursuant to this Contract shall be immediately
rescinded and Developer shall have no further right to such funds. In the event NSP
Funds have been paid to Developer, Developer agrees to repay them to City within 30
days of termination. . If such NSP Funds are not repaid to City within the 30 day period,
City shall exercise all of its remedies under the Loan Documents including but not
limited to foreclosure under the Deed of Trust.
11.5 No Funds Disbursed while in Breach.
Developer understands and agrees that no NSP Funds will be paid to Developer
until all defaults are cured to the satisfaction of City.
11.6 No Compensation After Date of Termination.
In the event of termination, Developer shall not receive any compensation for
work undertaken after the date of the termination.
11.7 Rights of City Not Affected.
Termination shall not affect or terminate any of the existing rights of City against
Developer, or which may thereafter accrue because of such default, and the foregoing
provision shall be in addition to any and all other rights and remedies available to City
under the law and Loan Documents including, but not limited to, compelling Developer
to complete the Required Improvements in accordance with the terms of the Contract.
Such termination does not terminate any applicable provisions of this Contract that have
been expressly noted as surviving the term or termination of the Contract.
11.8 Waiver of Breach Not Waiver of Subsequent Breach.
The waiver of a breach of any term, covenant, or condition of this Contract shall
not operate as a waiver of any subsequent breach of the same or any other term, covenant
or condition hereof.
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11.9 Civil, Criminal and Administrative Penalties.
Failure to perform all the Contract terms may result in civil, criminal or
administrative penalties, including, but not limited to those set out in this Contract.
11.10 Termination for Cause.
City may terminate this Contract in the event of Developer's default, subject to
notice, grace and cure periods, inability, or failure to perform. Likewise, Developer may
terminate this Contract if City does not provide the NSP Funds substantially in
accordance with this Contract.
11.11 Termination for Convenience.
In terminating in accordance with 24 C.F.R. 85.44, this Contract may be
terminated in whole or in part only as follows:
11.11.1 By City with the consent of Developer in which case the Parties shall
agree upon the termination conditions, including the effective date and in the case of
partial termination, the portion to be terminated, or
11.11.2 By the Developer upon written notification to City, setting forth the
reasons for such termination, the effective date, and in the case of partial termination, the
portion to be terminated. However, if, in the case of a partial termination, City
determines that the remaining portion of the Contract to be performed or NSP Funds to
be spent will not accomplish the purposes for which the Contract was made, City may
terminate the Contract in its entirety.
11.12 Dissolution of Developer Terminates Contract.
In the event Developer is dissolved or ceases to exist, all assets acquired with
NSP Funds including cash, interest payments from loans or otherwise, all outstanding
notes, mortgages or other security instruments used to secure NSP Funds, any accounts
receivable attributable to the use of NSP Funds, and any real or personal property owned
by Developer that was acquired or improved with NSP Funds shall automatically transfer
to City and this Contract shall terminate.
12. REPAYMENT OF NSP FUNDS.
All NSP Funds are subject to repayment in the event the project does not meet the
requirements as set out in this Contract or in the NSP Requirements.
13. MATERIAL OWNERSHIP CHANGE.
Subject to limited partnership transfers with City consent, if ownership of the
Developer materially changes after the date of this Contract, City may but is not
obligated to, terminate this Contract. City has 30 days to make such determination after
receipt of notice from Developer and failure to make such determination will constitute a
waiver. In the event of termination under this Section 13, all NSP Funds awarded but
unpaid to Developer pursuant to this Contract shall be immediately rescinded and
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Developer shall have no further right to such funds, and any NSP Funds already paid to
Developer must be repaid to City within 30 days of the termination.
14. SURVIVAL.
Any provision of this Contract that pertains to affordability, monitoring, tenant
income eligibility, tenant rent and selection, tenant lease, record keeping and reports, and
City Building Codes, ordinances and housing quality standards, as well as any applicable
NSP requirements, and any default and enforcement provisions necessary to enforce such
provisions, shall survive the termination of this Contract and shall be enforceable by City
against Developer throughout the Affordability Period.
15. GENERAL PROVISIONS
15.1 Developer Independent Contractor.
Developer shall operate hereunder as an independent contractor and not as an
officer, agent, servant or employee of City. Developer 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, contractors, tenants,
licensees or invitees.
15.2 Doctrine of Respondeat Superior.
The doctrine of respondeat superior shall not apply as between City and
Developer, its officers, members, agents, servants, employees, contractors, tenants,
licensees or invitees, and nothing herein shall be construed as creating a partnership or
joint enterprise between City and Developer. City does not have the legal right to control
the details of the tasks performed hereunder by Developer, its officers, members, agents,
employees, contractors, licensees or invitees.
15.3 Developer Property. City shall in no way be nor under any
circumstances be responsible for any property belonging to Developer, its officers,
members, agents, employees, contractors, tenants, licensees or invitees that may be lost,
stolen or destroyed or in any way damaged and DEVELOPER HEREBY
INDEMNIFIES AND HOLDS HARMLESS CITY AND ITS OFFICERS,
AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS OR SUITS
PERTAINING TO OR CONNECTED WITH SUCH PROPERTY, SAVE AND
EXCEPT THOSE ARISING SOLELY OUT OF THE GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT OF CITY, ITS AGENTS OR EMPLOYEES.
15.4 Religious Organization.
No portion of the NSP Funds shall be used in support of any sectarian or religious
activity. In addition, there must be no religious or membership criteria for tenants of an
NSP-funded property.
15.5 Audit.
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15.5.1 Entities that Expend $500,000 or more in Federal Funds Per Year.
All non-federal entities that expend $500,000 or more in Federal funds within one
year, regardless of the source of the Federal award, must submit to City an annual audit
prepared in accordance with specific reference to OMB Circular A-133. The audit shall
cover the Developer's fiscal years during which this Contract is in force. The audit must
be prepared by an independent certified public accountant, be completed within 6 months
following the end of the period being audited and be submitted to City within 30 days of
its completion. Developer's audit certification is attached hereto as Exhibit "D" —
"Audit Certification Form" and "Audit Requirements". The Audit Certification Form
must be submitted to City within 60 days of the end of period being audited (Developer's
fiscal year). Entities that expend less than $500,000 a year in Federal funds are exempt
from Federal audit requirements for that year, but records must be available for review or
audit by appropriate officials of the Federal agency, City, and General Accounting
Office.
15.5.2 City Reserves the Right to Audit.
City reserves the right to perform an audit of Developer's project operations and
finances at any time during the term of this Contract, if City determines that such audit is
necessary for City's compliance with OMB Circular A-133, and Developer agrees to
allow access to all pertinent materials as described herein. If such audit reveals a
questioned practice or expenditure, such questions must be resolved within 15 business
days after notice to Developer of such questioned 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) with Developer. IF AS A RESULT OF ANY
AUDIT IT IS DETERMINED THAT DEVELOPER HAS FALSIFIED ANY
DOCUMENTATION OR MISUSED, MISAPPLIED OR MISAPPROPRIATED
NSP FUNDS OR SPENT NSP FUNDS ON ANY INELIGIBLE ACTIVITIES,
SUBJECT TO CURE TO THE EXTENT OF ANY NEGLIGENT ACTION,
DEVELOPER AGREES TO REIMBURSE CITY THE AMOUNT OF SUCH
MONIES PLUS THE AMOUNT OF ANY SANCTIONS, PENALTY OR OTHER
CHARGE LEVIED AGAINST CITY BY HUD BECAUSE OF SUCH ACTIONS.
15.6 Venue.
Venue for any action, whether real or asserted, at law or in equity, arising out of
the execution, performance, attempted performance or non-performance of this Contract,
shall lie in Tarrant County, Texas.
15.7 Governing Law.
In any questions involving state law, for any action, whether real or asserted, at
law or in equity, arising out of the execution, performance or non-performance of this
Contract, in any issue not governed by federal law, the choice of law shall be the law
from the State of Texas.
15.8 Severability.
The provisions of this Contract are severable, and, if for any reason a clause,
sentence, paragraph or other part of this Contract shall be determined to be invalid by a
court or Federal or state agency, board or commission having jurisdiction over the subject
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matter thereof, such invalidity shall not affect other provisions which can be given effect
without the invalid provision.
15.9 Written Agreement Entire Agreement.
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
agreement by the Parties hereto concerning the work and services to be performed under
this Contract. Any prior or contemporaneous oral or written agreement, which purports
to vary the terms of this Contract, shall be void. Any amendments to the terms of this
Contract must be in writing and must be executed by each Party to this Contract.
15.10. Paragraph Headings for Reference Only,No Legal Significance.
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.
15.11 Compliance With All Applicable Laws and Regulations.
Developer agrees to comply fully with all applicable laws and regulations that are
currently in effect or that are hereafter amended during the performance of this Contract.
In addition to the NSP Requirements, those laws include,but are not limited to:
➢ HOME Investment Partnerships Act, 42 USC 12701 et seq
➢ Title I of the Housing and Community Development Act of 1974, 42 USC
5301 et seq
➢ The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
Sections 3601 et seq.)
➢ Executive Orders 11063, 11246 as amended by 11375 and 12086 and as
supplemented by Department of Labor regulations 41 CFR, Part 60
➢ The Age Discrimination in Employment of 1967
➢ The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.)
➢ The Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24) ("URA")
➢ Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et seq.)
and 24 CFR Part 8 where applicable
➢ National Environmental Policy Act of 1969, as amended, 42 U.S.C. sections
4321 et seq. ("NEPA") and the related authorities listed in 24 CFR Part 58.
➢ The Clean Air Act, as amended, (42 U.S.C. Sections 1251 et seq.) and the
Clean Water Act of 1977, as amended (33 U.S.C. Sections 1251 et seq.) and
the related Executive Order 11738. In no event shall any amount of the
assistance provided under this Contract be utilized with respect to a facility
that has given rise to a conviction under the Clean Air Act or the Clean Water
Act.
➢ Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.)
specifically including the provisions requiring employer verifications of legal
status of its employees
➢ The Americans with Disabilities Act of 1990 (42 U.S.C. Sections 12101 et
seq.), the Architectural Barriers Act of 1968 as amended (42 U.S.C. sections
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4151 et seq.) and the Uniform Federal Accessibility Standards, 24 CFR Part
40, Appendix A
➢ Regulations at 24 CFR Part 87 related to lobbying, including the requirement
that certifications and disclosures be obtained from all covered persons
➢ Drug Free Workplace Act of 1988 (41 U.S.C. Sections 701 et seq.) and 24
CFR Part 23, Subpart F
➢ Executive Order 12549 and 24 CFR Part 5.105(c) pertaining to restrictions on
participation by ineligible, debarred or suspended persons or entities
➢ Regulations at 24 CFR Part 882.708(c) pertaining to site and neighborhood
standards for new construction projects
➢ Regulations at 24 CFR Part 983.6 for Site and Neighborhood Standards
Review
➢ Regulations at 24 CFR Part 92 Home Investments Partnership Program Final
Rule
Requirement that Law Be Quoted in Covered Contracts. — Certain Requirements
Pertaining to Section 3 of the Housing and Urban Development Act of 1968 as amended
(12 U.S.C. Sections 1701 et seq.) and its related regulations at 24 CFR Part 135
If the work performed under this Contract is on a project assisted under a program
providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38
("Section 3") requires that the following clause, shown in italics, be inserted in all
covered contracts ("Section 3 Clause"):
Section to be quoted in covered contracts begins:
"A. The work to be performed under this contract is subject to the
requirements of Section 3 of Housing and Urban Development Act of
1968, as amended, 12 U.S.C. section 1701 u (Section 3). The purpose of
Section 3 is to ensure that employment and other economic opportunities
generated by HUD assisted or HUD-assisted projects covered by Section
3, shall to the greatest extent feasible, be directed to low- and very-low
income persons, particularly persons who are recipients of HUD
assistance for housing.
B. The parties to this contract agree to comply with HUD's
regulations in 24 CFR Part 135, which implement Section 3. As evidenced
by their execution of this contract, the parties to this contract certify that
they are under no contractual or other impediment that would prevent
them from complying with the Part 135 regulations.
C. The contractor agrees to send to each labor organization or
representative of workers with which it has a collective bargaining
agreement or other understanding, if any, a notice advising the labor
organization or workers' representatives of the contractor's commitments
under this Section 3 clause and will post copies of the notice in
conspicuous places at the work site where both employees and applicants
for training and employment positions can seethe notice. The notice shall
describe the Section 3 preference, shall set forth minimum number and job
titles subject to hire, availability of apprentice and training positions, the
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qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work
shall begin.
D. The contractor agrees that it will include this Section 3 clause in
every subcontract to comply with regulation in 24 CFR Part 135, and
agrees to take appropriate action, as provided in an applicable provision
of the subcontract or in this Section 3 clause, upon finding that the
subcontractor is in violation of the regulations in 24 CFR Part 135. The
contractor will not subcontract with any subcontractor where it has notice
or knowledge that the subcontractor has been found in violation of
regulations in 24 CFR 135.
E. The contractor will certify that any vacant employment positions,
including training positions that are filed: (1) after the contractor is
selected but before the contract is executed, and (2) with persons other
than those to whom the regulations of 24 CFR Part 135. The contractor
will not subcontract with any subcontractor where it has notice or
knowledge that the subcontractor has been found in violation of
regulations in 24 CFR 135.
F. Noncompliance with HUD's regulation in 24 CFR Part 135 may
result in sanctions, termination of this contract for default, and debarment
or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3
covered Indian housing assistance, section 7(b) of the Indian Self-
Determination and Education Assistance Act(25 U.S.C. section 450e) also
applies to the work to be performed under this Contract. Section 7(b)
requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians, and
(ii)preference in the award of contracts and subcontracts shall be given to
Indian organizations and Indian-owned Economic Enterprises. Parties to
this contract that are subject to the provisions of Section 3 and Section
79b) agree to comply with Section 3 to the maximum extent feasible, but
not in derogation of compliance with Section 7(b). "
Section to be quoted in covered contracts ends.
City and Developer understand and agree that, if applicable to the Project,
compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135,
and all applicable rules and orders of HUD shall be a condition of the Federal financial
assistance provided to the Project binding upon City and Developer, and their respective
successors, assigns and the contractors. Failure to fulfill these requirements shall subject
Developer and its contractors and their respective successors and assigns to those
sanctions specified by the grant agreement through which Federal assistance is provided
and to such sanctions as are specified by 24 CFR Part 135.
15.12 Prohibition Against Discrimination.
15.12.1 General Statements.
Developer, in the execution, performance or attempted performance of this
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Contract, shall comply with all non-discrimination requirements of 24 CFR 92.350 and
the ordinances codified at Chapter 17, Article III, Division 4 — Fair Housing of the City
Code. Developer may not discriminate against any person because of race, color, sex,
gender, religion, national origin, familial status, disability or perceived disability, sexual
orientation, gender identity, gender expression, or transgender, nor will Developer permit
its officers, members, agents, employees, or Project participants to engage in such
discrimination.
This Contract is made and entered into with reference specifically to the
ordinances codified at Chapter 17, Article III, Division 3 - Employment Practices of the
City Code, and Developer hereby covenants and agrees that Developer, its officers,
members, agents, employees and contractors, have fully complied with all provisions of
same and that no employee, or applicant for employment has been discriminated against
under the terms of such ordinances by either or its officers, members, agents, employees
or contractors.
15.12.2 No Discrimination in Employment during the Performance of
this Contract.
During the performance of this Contract Developer agrees, and will require the
following provision in all contracts with its contractors:
f Contractor's Namel will not unlawfully discriminate against any employee or
applicants for employment because of race, color, sex, gender, religion, national origin,
familial status, disability or perceived disability, sexual orientation, gender identity,
gender expression or transgender. [Contractor's Namel will take
affirmative action to ensure that applicants are hired without regard to race, color, sex,
gender, religion, national origin, familial status, disability or perceived disability, sexual
orientation, gender identity, gender expression or transgender and that employees are
treated fairly during employment without regard to their race, color, sex, gender, religion,
national origin, familial status, disability or perceived disability, sexual orientation,
gender identity, gender expression or transgender. 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. Wontractor's Name]
agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination clause.
[Contractor's Namel will, in all solicitations or advertisements for
employees placed by or on behalf of [Contractor's Name] , state that all
qualified applicants will receive consideration for employment without regard to race,
color, sex, gender, religion, national origin, familial status, disability or perceived
disability, sexual orientation, gender identity, gender expression or transgender.
[Contractor's Namel covenants that neither it nor any of its officers,
members, agents, employees, Project participants or contractors, 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
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employment, discriminate against persons because of their age or because of any
disability or perceived disability, except on the basis of a bona fide occupational
qualification, retirement plan or statutory requirement.
[Contractor's Name] further covenants that neither it nor its officers,
members, agents, employees, contractors, Project 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.
15.12.3 Developer's Contractors and ADA.
In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), Developer warrants that it and any of its contractors 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 Developer or any of its contractors. DEVELOPER
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 CONTRACTORS AGAINST CITY ARISING OUT OF
DEVELOPER'S AND/OR ITS CONTRACTORS' ALLEGED FAILURE TO
COMPLY WITH THE ABOVE-REFERENCED LAWS CONCERNING
DISABILITY DISCRIMINATION IN THE PERFORMANCE OF THIS
CONTRACT.
15.13. Prohibition Against Interest/Conflict of Interest.
15.13.1 Developer shall establish safeguards to prohibit its employees,
board members, advisors and agents from using positions for a purpose that is or gives
the appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business or other ties. Developer shall
disclose to City any conflict of interest or potential conflict of interest described above,
immediately upon discovery of such.
15.13.2 No persons who are employees, agents, consultants, officers or
elected officials or appointed officials of City or of Developer who exercise or have
exercised any functions or responsibilities with respect to activities assisted with NSP
funds or who are in a position to participate in a decision-making process or gain inside
information with regard to these activities may occupy a unit in the Required
Improvements, may obtain a financial interest or benefit from a NSP-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 1 year thereafter.
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15.13.3 Developer affirms that it will adhere to the provisions of the Texas
Penal Code which prohibits bribery and gifts to public servants.
15.13.4 In the procurement of property and services by Developer, the
conflict of interest provisions of 24 CFR Part 85.36 and 24 CFR Part 84.42, respectively,
shall apply. In all cases not governed by those sections, the provisions of 24 CFR Part
92.356 of the HOME Regulations shall apply.
15.14 Labor Standards.
15.14.1 As applicable, Developer agrees to comply with the requirements of the
Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 276a-7) as
amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C.
327 et seq.) and all other applicable Federal, state and local laws and regulations
pertaining to labor standards insofar as those acts apply to the performance of this
Contract. Developer agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C.
874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR
Part 5. Developer shall maintain documentation that demonstrates compliance with hour
and wage requirements of this Contract and NSP Regulations. Such documentation shall
be made available promptly to City for review upon request.
15.14.2 Developer agrees that, except with respect to the rehabilitation or
construction of residential property containing less than 12 units assisted with NSP funds,
all contractors engaged under contract for construction, renovation or repair work
financed in whole or in part with assistance provided under this Contract, shall comply
with Federal requirements adopted by City pertaining to such contracts and with the
applicable requirements of the regulations of the Department of Labor under 29 CFR
Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees
to journey workers; provided that, if wage rates higher than those required under these
regulations are imposed by state or local law, nothing hereunder is intended to relieve
Developer of its obligation, if any, to require payment of the higher wage. Developer
shall cause or require to be inserted in full, in all such contracts subject to such
regulations, provisions meeting the requirements of this paragraph.
15.15 Minority and Women Business Enterprise Commitment.
Developer agrees to abide by City's policy to involve Minority and Women
Business Enterprises ("M/WBEs") in all phases of its procurement practices and to
provide them equal opportunity to compete for contracts for construction, provision of
professional services, purchase of equipment and supplies and provision of other services
required by City. Therefore, Developer agrees to incorporate City Ordinance No. 15530,
and all amendments or successor policies thereto, into all contracts and subcontracts and
will further require all persons or entities with whom it contracts to comply with said
ordinance.
15.16 Other Laws.
The failure to list any federal, state or City ordinance, law or regulation that is
applicable to Developer does not excuse or relieve Developer from the requirements or
NSP DEVELOPER RENTAL CONTRACT
Tarrant County Housing Partnership, Inc. —Beaty Street Page 25
responsibilities in regard to following the law, nor from the consequences or penalties for
Developer's failure to follow the law, if applicable.
15.17 Assignment.
Developer shall not assign all or any part of its rights, privileges, or duties under
this Contract without the prior written approval of City. Any attempted assignment of
same without approval shall be void, and shall constitute a breach of this Contract.
15.18. Right to Inspect Contractor Contracts.
It is agreed that City has the right to inspect and approve in writing any proposed
contracts between Developer and any contractor engaged in any activity in conjunction
with this NSP funded Project prior to any charges being incurred.
15.19 Force Majeure
If Developer becomes unable, either in whole or part, to fulfill its obligations
under this Agreement due to acts of God, strikes, lockouts, or other industrial
disturbances, acts of public enemies, wars, blockades, insurrections, riots, epidemics,
earthquakes, fires, floods, restraints or prohibitions by any court, board, department,
commission or agency of the United States or of any States, civil disturbances, or
explosions, or some other reason beyond such Developer's control (collectively, "Force
Majeure Event"), the obligations so affected by such Force Majeure Event will be
suspended only during the continuance of such event. Developer will give City written
notice of the existence, extent and nature of the Force Majeure Event as soon as
reasonably possible after the occurrence of the event. Developer will use commercially
reasonable efforts to remedy its inability to perform as soon as possible. Failure to give
notice will result in the continuance of the Developer's obligation regardless of the extent
of any existing Force Majeure Event.
16. Indemnification and Release.
DEVELOPER COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST
ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE
AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE
EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR
NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS,
ACTIVITIES AND SERVICES OF THE PROJECT 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 DEVELOPER
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
NSP DEVELOPER RENTAL CONTRACT
Tarrant County Housing Partnership, Inc. —Beaty Street Page 26
WHATSOEVER HINDS OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE
OF THIS CONTRACT AND AGREEMENT AND/OR THE OPERATIONS,
ACTIVITIES AND SERVICES OF THE PROJECT DESCRIBED HEREIN,
WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY. DEVELOPER
LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY
INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND
ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY,
ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS
OF DEVELOPER, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, INVITEES, LICENSEES, OR
PROJECT PARTICIPANTS, OR CAUSED, IN WHOLE OR IN PART, BY
ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH
DEVELOPER AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS
SECTION INCLUDES INDEMNITY BY DEVELOPER TO INDEMNIFY AND
PROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN
NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ALLEGED TO BE THE
SOLE OR CONCURRING CAUSE OF THE INJURY, DAMAGE OR DEATH.
DEVELOPER AGREES TO AND SHALL RELEASE CITY, ITS AGENTS,
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL
LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR
PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO
PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH,
DAMAGE OR LOSS IS CAUSED BY CITY'S SOLE OR CONCURRENT
NEGLIGENCE.
DEVELOPER SHALL REQUIRE ALL OF ITS CONTRACTORS AND
SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND
SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF CITY IN
SUBSTANTIALLY THE SAME FORM AS ABOVE.
17. Waiver of Immunity by Developer.
If Developer, as a charitable or nonprofit organization, has or claims an immunity
or exemption (statutory or otherwise) from and against liability for damages or injury,
including death, to persons or property, Developer 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.
NSP DEVELOPER RENTAL CONTRACT
Tarrant County Housing Partnership, Inc.—Beaty Street Page 27
18. Insurance and Bonding.
Developer will maintain blanket fidelity coverage in the form of insurance or
bond in the amount of$30,000 to insure against loss from the fraud, theft or dishonesty of
any of Developer's officers, agents, trustees, directors or employees. The proceeds of
such bond shall be used to reimburse City for any and all loss of NSP Funds occasioned
by such misconduct. To effectuate such reimbursement, such bond shall include a rider
stating that reimbursement for any loss or losses thereunder shall be made directly to City
for the use and benefit of Developer.
Developer shall furnish to City, in a timely manner, but not later than 10 days
after Developer has signed the Contract, certificates of insurance as proof that it has
secured and paid for policies of commercial insurance as specified herein. Such
insurance shall cover all insurable risks incident to or in connection with the execution,
performance, attempted performance or nonperformance of this Contract. Developer
shall maintain, or require its general contractor to maintain, the following coverages and
limits thereof:
Commercial General Liability(CGL) Insurance
$500,000 each occurrence
$1,000,000 aggregate limit
Business Automobile Liability Insurance
$1,000,000 each accident on a combined single-limit basis, or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
$2,000,000 Aggregate
Insurance policy shall be endorsed to cover"Any Auto"
Pending availability of the above coverage and at the discretion of City, the policy shall
be the primary responding insurance policy versus a personal auto insurance policy if or
when in the course of Developer's business as contracted herein.
Workers' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
$100,000 each accident
$100,000 disease-each employee
$500,000 disease-policy limit
Note: Such insurance shall cover employees performing work on any and all
projects including but not limited to construction, demolition, and rehabilitation.
Developer or its contractors shall maintain coverages, if applicable. In the event
the respective contractors do not maintain coverage, Developer shall maintain the
coverage on such contractor, if applicable, for each applicable contract.
NSP DEVELOPER RENTAL CONTRACT
Tarrant County Housing Partnership, Inc. —Beaty Street Page 28
Directors and Officers Insurance
Optional (Highly Recommended)
Note: This insurance shall cover Developer and any associated Board of
Directors members.
Additional Requirements
Such insurance amounts shall be revised upward at City's reasonable option and
no more frequently than once every 12 months, and Developer shall revise such amounts
within thirty(30) days following notice to Developer of such requirements.
Developer will submit to City documentation that it, and its general contractor,
has obtained insurance coverage and has executed bonds as required in this Contract prior
to payment of any monies provided hereunder.
Each insurance policy shall be endorsed to provide City with a minimum sixty(60) days
notice of cancellation, non-renewal, and/or material change in policy terms or coverage.
Insurance policies required herein shall be endorsed to include City as an additional
insured as its interest may appear. Additional insured parties shall include employees,
officers, agents, and volunteers of City.
The Workers' Compensation Insurance policy shall be endorsed to include a waiver of
subrogation, also referred to as a waiver of rights of recovery, in favor of City.
Any failure on part of City to request certificate(s) of insurance shall not be construed as
a waiver of such requirement or as a waiver of the insurance requirements themselves.
Insurers of Developer's insurance policies shall be licensed to do business in the state of
Texas by the Department of Insurance or be otherwise eligible and authorized to do
business in the state of Texas. Insurers shall be acceptable to City insofar as their
financial strength and solvency and each such company shall have a current minimum
A.M. Best Key Rating Guide rating of A: VII or other equivalent insurance industry
standard rating otherwise approved by City.
Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless
otherwise approved by City.
In the event there are any local, federal or other regulatory insurance or bonding
requirements for the Program, and such requirements exceed those specified herein, the
former shall prevail.
Developer shall require its contractors to maintain applicable insurance coverages, limits,
and other requirements as those specified herein; and, Developer shall require its
contractors to provide Developer with certificate(s) of insurance documenting such
coverage. Also, Developer shall require its contractors to have City and Developer
endorsed as additional insureds (as their interest may appear) on their respective
insurance policies.
NSP DEVELOPER RENTAL CONTRACT
Tarrant County Housing Partnership, Inc.—Beaty Street Page 29
Developer shall require its builder to maintain builders risk insurance at the value of the
construction.
19. Certification Regarding Lobbying.
The undersigned representative of Developer hereby certifies, to the best of his or
her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on
behalf of Developer, to any person for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, an
officer or employee of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement and the
extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan or cooperative agreement.
If any funds other than federally appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, member of Congress in connection with this
Federal contract, grant, loan or cooperative agreement, Developer shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance
was placed when this Contract was made or entered into. Submission of
this certificate is a prerequisite for making or entering into this Contract
imposed by 31 U.S.C. Section 1352. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than
$10,000.00 and not more than $100,000.00 for each such failure.
Developer shall require that the language of this certification be included in
all subcontracts or agreements involving the expenditure of Federal funds.
20. Litigation and Claims
Developer shall give City immediate notice in writing of any action, including
any proceeding before an administrative agency, filed against Developer in conjunction
with this Contract or the project. Developer shall furnish immediately to City copies of
all pertinent papers received by Developer with respect to such action or claim.
Developer shall provide a notice to City within 10 days upon filing under any bankruptcy
or financial insolvency provision of law.
21. Notice.
NSP DEVELOPER RENTAL CONTRACT
Tarrant County Housing Partnership, Inc.—Beaty Street Page 30
All notices required or permitted by this Contract must be in writing and are
deemed delivered on the earlier date of the date actually received or the third day
following (i) deposit in a United States Postal Service post office or receptacle; (ii) with
proper postage, certified mail return receipt requested; and (iii) addressed to the other
Party at the address set out below or at such other address as the receiving Party
designates by proper notice to the sending Party.
City:
City Attorney's Office
1000 Throckmorton Street
Fort Worth, TX 76102
Attention: Vicki Ganske
Telephone: 817-392-7765
Copy to:
Director of Housing and Economic Development
1000 Throckmorton Street
Fort Worth, TX 76102
Attention: Jay Chapa
Telephone: 817-392-7540
Copy to:
Project Coordinator
1000 Throckmorton Street
Fort Worth, TX 76102
Attention: Robin Bentley
Telephone: 817-392-6342
Developer:
Tarrant County Housing Partnership, Inc.
3204 Collinsworth
Fort Worth, TX 76107
Telephone: 817.924.5091 ext. 110
22. Developer Has Legal Authority to Enter Into Contract.
Developer represents that it possesses the legal authority, pursuant to any proper,
appropriate and official motion, resolution or action passed or taken, to enter into this
Contract and to perform the responsibilities herein required.
23. Counterparts.
This Contract may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
(SIGNATURES APPEAR ON NEXT PAGE1
NSP DEVELOPER RENTAL CONTRACT
Tarrant County Housing Partnership, Inc. - Beaty Street Page 31
IN WITNESS WHEREOF, the Parties have executed four copies of this
Contract in Fort Worth, Tarrant County, Texas, to be effective this 000- day of
2011 (the"Effective Date").
ATTEST: CITY O RT WORTH
1- By: \ajk, -
City Secretary S san Tanis, Assistant City Manager
M&C: G-9 4x -"6 Date: q- 4-1+J
APP OVED O FORM AND LEGALITY:
A sistanti City Attorn#y
TARRANT COUNTY HOUSING
PARTNERSHIP, INC.,
a Texas nonprofit corporation
(---/fta744 —
By:
anNess, ident
STATE OF TEXAS §
COUNTY OF TARRANT § G)
This instrument was acknowledged before me on l , 2011 by
Susan Alanis, Assistant City Manager of the City of Fort rth, on behalf the City of
Fort Worth.
o % LINDA M.HIRRLINGER
p My COMMISSION EXPIRES
i Febury2,201a ota Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on by Donna
VanNess, President of Tarrant County Housi rtn ship, Inc cti n e such
corporation.
.JAMES F LAWLER JR ar Pub ic, State of Texas
Notary Public y
STATE OF TEXAS
02/23/2014
OFFICIAL RE-CORD I
CITY SECRETARY
FT. WORTH, TX
NSP DEVELOPER RENTAL CONTRACT
Tarrant County Housing Partnership, Inc. -Beaty Street Page 32
EXHIBITS:
Exhibit"A"—Project Summary
Exhibit"B"—Budget
Exhibit"C"—Construction Schedule
Exhibit"D"—Audit Certification Form and Audit Requirements
Exhibit"E"—Narrative Report
Exhibit"F"—Tenant Demographic Report
Exhibit"G"—Request For Funds
Exhibit"H"—Detail Statement of Costs
Exhibit"I"—Expenditures Worksheet
Exhibit"J"—Davis Bacon Report
Exhibit"K"—Tenant Self Certification Form
NSP DEVELOPER RENTAL CONTRACT
Tarrant County Housing Partnership, Inc. —Beaty Street Page 33
EXHIBIT "A"
PROJECT SUMMARY - SCOPE OF WORK
TARRANT COUNTY HOUSING PARTNERSHIP, INC.—BEATY STREET
DESCRIPTION:
Tarrant County Housing Partnership, Inc. ("Developer") will acquire 10 multifamily buildings and 1
single family house in the 5500 block of Beaty Street, then rehabilitate and redevelop the 71 existing
units into 66 units plus an office/community center (the "Project"). For the 15 year Affordability
Period, the Project will be managed in compliance with this Contract and applicable provisions of all
NSP Regulations governing rental projects. All non-HOME units in the Project will be affordable to
households at or below 50% of Area Median Income ("AMI") as established by the United States
Department of Housing and Urban Development("HUD").
NSP Funds- Exhibits
R-t,,QtrPPt
EXHIBIT "B"
Sources and Uses
COFW NSP COFW HOME COFW WAP** TCHP LOC TOTAL
Acquisition $1,150,000 $1,150,000
Acquisition-Insurance-property liability,builder's risk $20,000 $20,000
Acquisition-Closing costs,extension/legal fees $118,801 $118,801
Acquisition-Asbestos Survey $6,125 $6,125
Acquisition-Lead Base Paint Testing $14,000 $14,000
Relocation Agent Fees $135,000 $135,000
Relocation Expenses(1 tenant) $15,000 $15,000
Architectural $8,360 $8,360
Rehab $170,841 $1,000,000 $248,750 $506,640 $1,926,231
Developer Fee 5%NSP* $84,988 $84,988
TOTAL $1,699,755 $1,000,000 $248,750 $530,000 $3,478,505
*$50,000 of Developer Fee to be paid upon closing of Beaty Street property, and the remainder to be paid when
City has received from Developer all information required to close Project in IDIS and begin the Affordability
Period.
"Nothing in this Contract shall be construed as a commitment by the City to provide these funds.
NSP Funds-Exhibits
Beaty Street
EXHIBIT "C"
CONSTRUCTION SCHEDULE
Beaty Street
Activity
PHASE I ACTIVITIES: Contract signed
Lot Preparation(Demolition)
Plumbing
Foundation
PHASE I completed by: April 1,2012
PHASE II ACTIVIITES: Framing/TPW
Mechanicals/ Siding/Paint
PHASE II completed by: August 1, 2012
PHASE III ACTIVIITES: Inspections/Insulation
Sheetrock/Brick
Interior Trim/Paint
PHASE III completed by: December 1, 2012
PHASE IV ACTIVIITES: Flooring
Mechanical Trim/Grading/ Landscaping
Final Trim/Appliances and Fixtures/Fencing
Final Inspections
Punch List
PHASE IV completed by: May 1, 2013
NSP Funds- Exhibits
RPaty Qt—pt
EXHIBIT "D"
AUDIT REQUIREMENTS
CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
AUDIT REQUIREMENTS
Organizations expending $500,000 or more in federal awards (from City of Fort Worth and other funding
sources) during their fiscal years shall obtain either an annual single audit or a program specific audit.
Organizations may have a program specific audit in accordance with OMB Circular A-133, or other standard
set forth in the Contract if applicable, if they expended funds for only one federal program as listed in the
Catalog of Federal Domestic Assistance (CFDA). If funds are spent for more than one federal program, a
single audit is required. The audited time period is the organization's fiscal year, and not the City of Fort
Worth's funding period.
The audit shall be conducted by a certified public accountant (CPA) that is licensed at the time of the audit
by the appropriate regulatory body. The CPA shall meet all of the general standards concerning
qualifications, independence, due professional care and quality control as required by Government Auditing
Standards, including the requirements for continuing professional education and external peer reviews.
Auditor selection must adhere to federal procurement requirements.
A separate supplementary schedule of revenues, expenditures and changes in fund balance for each City
of Fort Worth contract is no longer required. The Schedule of Expenditures of Federal Awards should list
City of Fort Worth 's contract numbers, the total expended for each individual federal program, and the
CFDA number(OMB A-133 § .310).
The independent auditor's report should include all of the relevant items listed on the "Audit Report
Checklist." Additional guidance on the conduct and reporting of these audits is contained in the latest issuance
of the following publications:
Government Auditing Standards issued by the Comptroller General of the United States,2003
OMB Circular A-133 as revised 6/30/97 and amended June 2003
OMB Circular A-133 Compliance Supplement
AICPA's Statement of Position 98-3, "Audits of States, Local Governments, and Not-for-Profit Organizations
Receiving Federal Awards"
Various AICPA audit guides for nonprofits, colleges and universities and health and welfare organizations
AICPA's Audit Risk Alert"State and Local Governmental Developments"
Government Auditing Standards by the Texas Department of Housing and Community Affairs for Properties
Receiving Low Income Housing Tax Credits
All organizations that receive a City of Fort Worth award must submit the provided Audit Certification Form
which certifies whether you are subject to a single/program audit. Organizations receiving federal awards
from the City of Fort Worth who are not required to have an audit shall certify in writing to the agency.
The organization's Chief Executive Officer or Chief Financial Officer shall make the certification within
60 days of the end of the organization's fiscal year in the year that the project was completed.
The following items should be submitted to the City of Fort Worth Housing and Economic Development
Department within the required timeframe:
NSP Funds-Exhibits
R-t,,qt-pt
Due 60 days after organization's fiscal year end in the Year that the project was completed: (required for all
subrecipients)
Completed Audit Certification Form
Due within the earlier of 30 days after receipt of the auditor's report or nine months after the end of the audit
period.
Two copies of the entire audit report issued by the CPA
Two copies of any management letter issued by the CPA in conjunction with the audit report
Two copies of management's comments on all findings, recommendations, & questioned
costs contained in the audit report and management letter, including a detailed corrective
action plan
Failure to submit any of these items by the required due date may result in holds on current draw
requests, suspension of the organization's contract(s) and eligibility for future funding.
If the organization does not meet the requirements of having a single/program audit conducted, records
must still be kept available for review or audit by City of Fort Worth staff(OMB A-133 Subpart B Sec 200(d).
If additional information is needed concerning the audit requirements, please call (817) 392-6141.
NSP Funds-Exhibits
R-ty Ct,v t
CITY OF FORT WORTH
HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
SINGLE AUDIT REPORT CHECKLIST
The Department developed this checklist to help organizations improve the quality and completeness of
audit reports.
General Purpose or Basic Financial Statements of the Organization Opinion/Report on Organization's Financial
Statements in accordance with Government Auditing Standards
Notes to the General Purpose or Basic Financial Statements of the Organization
A Schedule of Expenditures of Federal Awards, including the Department's contract numbers, the total
expended for the federal program, and the CFDA number(OMB A-133 Subpart C Sec 310).
Opinion/Report on Schedule of Expenditures of Federal and State Awards
Report on Compliance and on Internals Control Over Financial Reporting Based on an Audit of Financial
Statements Performed in Accordance With Government Auditing Standards. (OMB A-133 § 505 (b))
Report on Compliance with Requirements Applicable to Each Major Program and Internal Control over
Compliance in Accordance with OMB Circular A-133. (OMB A-133 § 505 (c))
Schedule of Findings and Questioned Costs (OMB A-133 §. 505d), including: Summary Schedule of Prior Audit
Findings reporting the status of all findings included in the prior audit's schedule of findings and questioned
costs. (OMB A-133 Sec. 315 (a) and (b))
Corrective Action Plan including (OMB A-133 Sec. 315 (c))name of person responsible for the corrective
action, corrective action planned, anticipated completion date, and explanation and reason if auditee
does not agree with findings or believes correction is not required.
All reports are signed and dated by the auditor
Two copies of the audit reports are submitted
Two copies of the management letter, if issued in conjunction with the audit report. Two copies of
comments by management concerning all findings and recommendations included in
management letter, including a corrective action plan.
NSP Funds-Exhibits
R-t,,Qtrr t
CITY OF FORT WORTH HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
Audit Certification Form
Subrecipient: Fiscal Year Ending:
Month Day Year
❑ We have exceeded the federal expenditure threshold of$500,000. We will have our Single Audit or
Program Specific Audit completed and will submit the audit report within nine (9) months after the end of the
audited fiscal year.
❑ We did not exceed the $500,000 federal expenditure threshold required for a Single Audit or a Program
Specific Audit to be performed this fiscal year. (Fill out schedule below)
Must be filled out if Single Audit or Program Audit is not required:
Federal Expenditure Disclosure
Federal Funds
Pass Through Program Name& Contract
Federal Grantor Grantor CFDA Number Number Expenditures
Total Federal Expenditures for this Fiscal Year $
Printed Name Title(Must be CFO,CEO or equivalent)
Authorized Signature(Must be CFO,CEO or equivalent) Phone Number Date
Failure to submit this or a similar statement or failure to submit a completed single audit package as
described in the audit requirements by the required due date will result in suspension of funding and will affect
eligibility for future funding.
Submit this form to the City of Fort Worth Housing and Economic Development Department within 60 days after the end of your
Fiscal year
NSP Funds- Exhibits
RP'tv",tr-t
EXHIBIT E
NARRATIVE REPORT
FROM: TO:
Please provide information on project construction progress, the percent of construction completion, anticipated
construction completion do*,and;construction problems encountered and solutions proposed.
I. ACCOMPLISHMENTS:
H. ADDITIONAL COMMENTS REGARDING ACCOMPLISHMENTS THIS MONTH:
III. PROBLEMS ENCOUNTERED AND SOLUTIONS PROPOSED:
IV. ANTICIPATED ACTIVITIES DURING NEXT MONTH:
HOME Funds - Exhibits
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EXHIBIT G
CITY OF FORT WORTH
HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
SUBRECEPIENT'S REIMBURSEMENT REQUEST FOR FUNDS
Agency
Program Name:
Contract Number: Report Period:
Date of Request:
CASH BALANCE ANALYSIS FOR
1. Beginning Cash Balance $ 0.00 $ 0.00
2. Amount Received:
Program Income $ 0.00 $ 0.00
City of Fort Worth $ 0.00 $ 0.00
Interest Earned $ 0.00 $ 0.00
3. Total Funds Available(1 +2) $ 0.00 $ 0.00
4. Less Expenditure(detail statement cost) $ 0.00 $ 0.00
5. ENDING CASH BALANCE (34) $ 0.00 $ 0.00
6. Estimated Expenditures $ n/a
7. Funds Needed(6-5) (Actual Feb Expenses) $ 0.00
8. Less Estimated Program Income $ 0.00
9. Unpaid Request for Payment Previously Submitted $ 0.00
10.Amount of This Request(7-8 &9) $ 0.00
n
w
I. MARS-Purchasing Request
A. MARS INPUT: Vendor/PO Number/Requisition Number
B. Fund/Account/Center
C. Total Amount of this Request
1. Verification
A. Project Coordinator:
e"Hun
B. Compliance:
Barbara Asbury
C. Accounting:
-ph.
I h-
2. Authorization
A. Sr.Admin.Srvices:
OCORO ray
B. Community Dev.Manager
Robin Brntky
C.Housing Director
IF OVER 58,500.00 Jus"Jay"Chapa
EXHIBIT i
CITY OF FORT WORTH
HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
MANAGEMENT AND BUDGET DIVISION
EXPENDITURES WORKSHEET
CONTRACT NO. DATE
AGENCY
TO
PROGRAM REPORT PERIOD
CHECK
NO. DATE # PAYEE DESCRIPTION ACCOUNT NO. AMOUNT
l
2
3
4
5
6
7
8
9
10
11
12
131
14
15
16
17
18
19
20
21
22
23
24
25
TOTAL -
Sub-Contractors Certification: l certify that the costs incurred are taken from the books of accounts and that such costs are valid
and consistent with the terms of the agreement.
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
EXHIBIT H
CITY OF FORT WORTH
HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
MANAGEMENT AND BUDGET DIVISION
DETAIL STATEMENT OF COSTS
CONTRACT NO. DATE
AGENCY
TO
PROGRAM REPORT PERIOD
PROGRAM MONTHLY CUMULATIVE
COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE
CONTRACTUAL SERVICES
Contractual Services
TOTAL - - - -
Sub-Contractors Certification: I certify that the costs incurred are taken from the books of accounts and that such costs are valid
and consistent with the terms of the agreement.
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
Federal Labor Standards Provisions U.S.Department of Housing
and Urban Development
Office of Labor Relations
Applicability (1) The work to be performed by the classification
The Project or Program to which the construction work requested is not performed by a classification In the wage
covered by this contract pertains is being assisted by the determination; and
United States of America and the following Federal Labor (2) The classification is utilized in the area by the
Standards Provisions are included in this Contract construction industry; and
pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fide
assistance. fringe benefits, bears a reasonable relationship to the
A. 1. (1) Minimum Wages. All laborers and mechanics wage rates contained in the wage determination.
employed or working upon the site of the work, will be paid (b) If the contractor and the laborers and mechanics to be
unconditionally and not less often than once a week, and employed in the classification (if known), or their
without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the
(except such payroll deductions as are permitted by classification and wage rate (including the amount
regulations issued by the Secretary of Labor under the designated for fringe benefits where appropriate), a report
Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or its designee to
and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division,
due at time of payment computed at rates not less than Employment Standards Administration, U.S. Department of
those contained in the wage determination of the Labor, Washington, D.C. 20210. The Administrator, or an
Secretary of Labor which is attached hereto and made a authorized representative, will approve, modify, or
part hereof, regardless of any contractual relationship disapprove every additional classification action within 30
which may be alleged to exist between the contractor and days of receipt and so advise HUD or its designee or will
such laborers and mechanics. Contributions made or notify HUD or its designee within the 30-day period that
costs reasonably anticipated for bona fide fringe benefits additional time is necessary. (Approved by the Office of
under Section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215-
laborers or mechanics are considered wages paid to such 0140.)
laborers or mechanics, subject to the provisions of 29 CFR (c) In the event the contractor, the laborers or mechanics
5.5(a)(1)(iv); also, regular contributions made or costs
incurred for more than a weekly period (but not less often to be employed in the classification or their
than quarterly) under plans, funds, or programs, which representatives, and HUD or its designee do not agree on
cover the particular weekly period, are deemed to be the proposed classification and wage rate (including the
constructively made or incurred during such weekly period. amount designated for fringe benefits, where appropriate),
HUD or its designee shall refer the questions, including
Such laborers and mechanics shall be paid the appropriate the views of all interested parties and the recommendation
wage rate and fringe benefits on the wage determination of HUD or its designee, to the Administrator for
for the classification of work actually performed, without determination. The Administrator, or an authorized
regard to skill, except as provided in 29 CFR 5.5(a)(4), representative, will issue a determination within 30 days of
Laborers or mechanics performing work in more than one receipt and so advise HUD or its designee or will notify
classification may be compensated at the rate specified for HUD or its designee within the 30-day period that
each classification for the time actually worked therein: additional time is necessary. (Approved by the Office of
Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number
set forth the time spent in each classification in which 1215-0140.)
work is performed. The wage determination (including any d Tha
additional classification and wage rates conformed under ( ) e wage rate (including fringe benefits where
29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- appropriate) determined pursuant to subparagraphs
1321) shall be posted at all times by the contractor and its workers
or (c) of this paragraph, shall be paid r all
w
subcontractors at the site of the work in a prominent and workers performing work in the classification under this
accessible, place where it can be easily seen by the contract from the first day on which work is performed in
workers. the classification.
(II) (a) Any class of laborers or mechanics which is not (III) Whenever the minimum wage rate prescribed in the
listed in the wage determination and which is to be contract for a class of laborers or mechanics includes a
employed under the contract shall be classified in fringe benefit which is not expressed as an hourly rate, the
conformance with the wage determination. HUD shall contractor shall either pay the benefit as stated in the
approve an additional classification and wage rate and wage determination or shall pay another bona fide fringe
fringe benefits therefor only when the following criteria benefit or an hourly cash equivalent thereof
have been met: (Iv) If the contractor does not make payments to a trustee
or other third person, the contractor may consider as part
form HUD-4010(06/2009)
Previous editions are obsolete Page 1 of 5 ref Handbook 1344 1
of the wages of any laborer or mechanic the amount of any communicated in writing to the laborers or mechanics
costs reasonably anticipated in providing bona fide fringe affected, and records which show the costs anticipated or
benefits under a plan or program, Provided, That the the actual cost incurred in providing such benefits.
Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under
the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the
Bacon Act have been met. The Secretary of Labor may registration of apprenticeship programs and certification of
require the contractor to set aside in a separate account trainee programs, the registration of the apprentices and
assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed in the
program. (Approved by the Office of Management and applicable programs. (Approved by the Office of
Budget under OMB Control Number 1215-0140.) Management and Budget under OMB Control Numbers
2. Withholding. HUD or its designee shall upon its own 1215-0140 and 1215-0017.)
action or upon written request of an authorized (II) (a) The contractor shall submit weekly for each week
representative of the Department of Labor withhold or in which any contract work is performed a copy of all
cause to be withheld from the contractor under this payrolls to HUD or its designee if the agency is a party to
contract or any other Federal contract with the same prime the contract, but if the agency is not such a party, the
contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant
subject to Davis-Bacon prevailing wage requirements, sponsor, or owner, as the case may be, for transmission to
which is held by the same prime contractor so much of the HUD or its designee. The payrolls submitted shall set out
accrued payments or advances as may be considered accurately and completely all of the information required
necessary to pay laborers and mechanics, including to be maintained under 29 CFR 5.5(a)(3)(i) except that full
apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be
contractor or any subcontractor the full amount of wages included on weekly transmittals. Instead the payrolls shall
required by the contract In the event of failure to pay any only need to include an individually identifying number for
laborer or mechanic, including any apprentice, trainee or each employee (e.g.. the last four digits of the employee's
helper, employed or working on the site of the work, all or social security number). The required weekly payroll
part of the wages required by the contract, HUD or its information may be submitted in any form desired.
designee may, after written notice to the contractor, Optional Form WH-347 is available for this purpose from
sponsor, applicant, or owner, take such action as may be the Wage and Hour Division Web site at
necessary to cause the suspension of any further htto://www.dol.goy/esa/whd/formslwh347instr.htm or its
payment, advance, or guarantee of funds until such successor site. The prime contractor is responsible for
violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors.
written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full
withheld for and on account of the contractor or social security number and current address of each
subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to
are due. The Comptroller General shall make such HUD or its designee if the agency is a party to the
disbursements in the case of direct Davis-Bacon Act contract, but if the agency is not such a party, the
contracts. contractor will submit the
payrolls to the applicant
3. (1) Payrolls and basic records. Payrolls and basic sponsor, or owner, as the case may be, for transmission to
records relating thereto shall be maintained by the HUD or its designee, the contractor, or the Wage and Hour
contractor during the course of the work preserved for a Division of the Department of Labor for purposes of an
period of three years thereafter for all laborers and investigation or audit of compliance with prevailing wage
mechanics working at the site of the work. Such records requirements. It is not a violation of this subparagraph for
shall contain the name, address. and social security a prime contractor to require a subcontractor to provide
number of each such worker, his or her correct addresses and social security numbers to the prime
classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submission
of contributions or costs anticipated for bona fide fringe to HUD or its designee. (Approved by the Office of
benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number
in Section I(b)(2)(B) of the Davis-bacon Act), daily and 1215-0149.)
weekly number of hours worked. deductions made and (b) Each payroll submitted shall be accompanied by a
actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or
found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises
laborer or mechanic include the amount of any costs the payment of the persons employed under the contract
reasonably anticipated in providing benefits under a plan and shall certify the following:
or program described in Section I(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the
Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5
show that the commitment to provide such benefits is
enforceable, that the plan or program is financially (a)(3)(ii), the appropriate information is being maintained
under 29 CFR 5.5(a)(3)(i). and that such information is
responsible, and that the plan or program has been correct and complete,
Previous editions are obsolete form HUD-4010(06/2009)
Page 2 of 5 ref.Handbook 1344 1
(2) That each laborer or mechanic (including each helper, is not registered or otherwise employed as stated above,
apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the
the payroll period has been paid the full weekly wages wage determination for the classification of work actually
earned, without rebate, either directly or indirectly, and performed. In addition, any apprentice performing work on
that no deductions have been made either directly or the job site in excess of the ratio permitted under the
indirectly from the full wages earned, other than registered program shall be paid not less than the
permissible deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage determination for the
(3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing
than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that in
equivalents for the classification of work performed, as which its program is registered, the ratios and wage rates
specified in the applicable wage determination (expressed in percentages of the journeyman's hourly
incorporated into the contract. rate) specified in the contractor's or subcontractor's
(c) The weekly submission of a properly executed
registered program shall be observed. Every apprentice
specified in the
certification set forth on the reverse side of Optional Form registered program for the apprentice's level must be paid at not less than the rate specif progress,
WH-347 shall satisfy the requirement for submission of the expressed as a percentage of the journeymen hourly rate
"Statement of Compliance" required by subparagraph
A.3.(ii)(b). specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance
(d) The falsification of any of the above certifications may with the provisions of the apprenticeship program. If the
subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits,
prosecution under Section 1001 of Title 18 and Section apprentices must be paid the full amount of fringe benefits
23t of Title 31 of the United States Code. listed on the wage determination for the applicable
(III) The contractor or subcontractor shall make the classification. If the Administrator determines that a
records required under subparagraph A.3.(i) available for different practice prevails for the applicable apprentice
inspection, copying, or transcription by authorized classification, fringes shall be paid in accordance with that
representatives of HUD or its designee or the Department determination. In the event the Office of Apprenticeship
of Labor, and shall permit such representatives to Training, Employer and Labor Services, or a State
interview employees during working hours on the job. If Apprenticeship Agency recognized by the Office,
the contractor or subcontractor fails to submit the required withdraws approval of an apprenticeship program, the
records or to make them available, HUD or its designee contractor will no longer be permitted to utilize
may, after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate
applicant or owner, take such action as may be necessary for the work performed until an acceptable program is
to cause the suspension of any further payment, advance, approved.
or guarantee of funds. Furthermore, failure to submit the (11) Trainees. Except as provided in 29 CFR 5.16,
required records upon request or to make such records trainees will not be permitted to work at less than the
available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they are
29 CFR 5.12. employed
pursuant ',to and individually registered in a
4. Apprentices and Trainees. program which has received prior approval, evidenced by
(1) Apprentices. Apprentices will be permitted to work at formal certification by the U.S. Department of Labor,
less than the predetermined rate for the work they Employment and Training Administration. The ratio of
performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater
individual) registered in a bona fide a than permitted under the plan approved by the
Y 9 apprenticeship
program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee
Employment and Training Administration, Office of must be paid at not less than the rate specified in the
Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress,
with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate
Office, or if a person is employed in his or her first 90 specified in the applicable wage determination. Trainees
days of probationary employment as an apprentice in such shall be paid fringe benefits in accordance with the
an apprenticeship program, who is not individually provisions of the trainee program. If the trainee program
registered in the program, but who has been certified by does not mention fringe benefits. trainees shall be paid
the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage
Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and
appropriate) to be eligible for probationary employment as Hour Division determines that there is an apprenticeship
an apprentice. The allowable ratio of apprentices to program associated with the corresponding journeyman
journeymen on the job site in any craft classification shall wage rate on the wage determination which provides for
not be greater than the ratio permitted to the contractor as less than full fringe benefits for apprentices. Any
to the entire work force under the registered program. Any employee listed on the payroll at a trainee rate who is not
worker listed on a payroll at an apprentice wage rate, who registered and participating in a training plan approved by
Previous editions are obsolete form HUD-4010(0612009)
Page 3 of 5 ref Handbook 1344 1
the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs
not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24.
determination for the work actually performed. In addition, (II) No part of this contract shall be subcontracted to any
any trainee performing work on the job site in excess of person or firm ineligible for award of a Government
the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act
paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or
determination for the work actually performed. In the participate in HUD programs pursuant to 24 CFR Part 24.
event the Employment and Training Administration
withdraws approval of a training program, the contractor t The penalty for making false statements is prescribed
in
will no longer be permitted to utilize trainees at less than n the U.S. Criminal Code, 18 U.S.C. 1001. Additionally.
the applicable predetermined rate for the work performed U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C.,
until an acceptable program is approved. "Federal Housing Administration transactions", provides in
part: "Whoever, for the purpose of . . . influencing in any
(111) Equal employment opportunity. The utilization of way the action of such Administration..... makes, utters or
apprentices, trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false.....
shall be in conformity with the equal employment shall be fined not more than $5,000 or imprisoned not
opportunity requirements of Executive Order 11246, as more than two years, or both."
amended, and 29 CFR Part 30,
11. Complaints, Proceedings, or Testimony by
5. Compliance with Copeland Act requirements. The Employees. No laborer or mechanic to whom the wage,
contractor shall comply with the requirements of 29 CFR salary, or other labor standards provisions of this Contract
Part 3 which are incorporated by reference in this contract are applicable shall be discharged or in any other manner
6. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any
insert in any subcontracts the clauses contained in subcontractor because such employee has filed any
subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be instituted any
other clauses as HUD or its designee may by appropriate proceeding or has testified or is about to testify in any
instructions require, and a copy of the applicable proceeding under or relating to the labor standards
prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer.
subcontractors to include these clauses in any lower tier B. Contract Work Hours and Safety Standards Act. The
subcontracts. The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the
for the compliance by any subcontractor or lower tier prime contract exceeds $100,000. As used in this paragraph, the
subcontractor with all the contract clauses in this terms"laborers"and"mechanics"include watchmen and guards.
paragraph.
7. Contract termination; debarment. A breach of the (1) Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require or
contract clauses in 29 CFR 5.5 may be grounds for involve the employment of laborers or mechanics shall require or
termination of the contract and for debarment as a
contractor and a subcontractor as provided in 29 CFR permit any such laborer or mechanic in any workweek in which the
individual is employed on such work to work in excess of 40 hours in
5.12. such workweek unless such laborer or mechanic receives
S. Compliance with Davis-Bacon and Related Act Requirements. compensation at a rate not less than one and one-half times the basic
All rulings and interpretations of the Davis-Bacon and rate of pay for all hours worked in excess of 40 hours in such
Related Acts contained in 29 CFR Parts 1, 3, and 5 are workweek.
herein incorporated by reference in this contract (2) Violation; liability for unpaid wages; liquidated
8. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause set
arising out of the labor standards provisions of this forth in subparagraph (1) of this paragraph, the contractor
contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable
clause of this contract. Such disputes shall be resolved in for the unpaid wages. In addition, such contractor and
accordance with the procedures of the Department of subcontractor shall be liable to the United States (in the
Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes case of work done under contract for the District of
within the meaning of this clause include disputes between Columbia or a territory, to such District or to such
the contractor (or any of its subcontractors) and HUD or territory), for liquidated damages. Such liquidated
its designee, the U.S Department of Labor, or the damages shall be computed with respect to each individual
employees or their representatives. laborer or mechanic, including watchmen and guards.
10. (1) Certification of Eliglblllty. By entering into this employed in violation of the clause set forth in
contract the contractor certifies that neither it (nor he or subparagraph (1) of this paragraph, in the sum of$10 for each
she) nor any person or firm who has an interest in the calendar day on which such individual was required or permitted to
contractor's firm is a person or firm ineligible to be work in excess of the standard workweek of 40 hours without payment
awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth in sub
the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph (1) of this paragraph.
Previous editions are obsolete form HUD-4010(0612009)
Page 4 of 5 ref Handbook 1344 1
(3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon its own action
or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract,
or any other Federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act which Is
held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in
subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall
insert In any subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and also a
clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety. The provisions of this paragraph C are
applicable where the amourd of the prime contract exceeds$100,000.
(1) No laborer or mechanic shall be required to work in
surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and
safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by
regulation.
(2) The Contractor shall comply with all regulations
issued by the Secretary of Labor pursuant to Title 29 Part
1926 and failure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC
3701 et sea.
(3) The contractor shall include the provisions of this
paragraph In every subcontract so that such provisions will
be binding on each subcontractor. The contractor shall
take such action with respect to any subcontractor as the
Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing
such provisions.
Previous editions are obsolete form HUD-4010(06/2009)
Page 5 of 5 ref.Handbook 1344.1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/14/2010
DATE: Tuesday, September 14, 2010 REFERENCE NO.: C-24455
LOG NAME: 17BEATY STREET APARTMENTS—ADDITIONAL FUNDING
SUBJECT:
Conduct a Public Hearing and Authorize a Change in Use and Expenditure of an Additional $339,500.00 of
Neighborhood Stabilization Program Funds to the Tarrant County Housing Partnership for a Total of
$1,699,755.00 for the Acquisition and Development of the Beaty Street Apartments Located in the 5500
Block of Beaty Street(COUNCIL,DISTRICT 8)
RECOMMENDATION:
DISCUSSION:
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y Additional Information Contact: Ryan Haden (7329)
ATTACHMENTS
1. available fund.PDF