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HomeMy WebLinkAboutContract 30922 (;iY SECRETARY C )WRAC"; STATE OF TEXAS § COUNTY OF TARRANT § THIS contract ("Contract") is made and entered into by and between the City of Fort Worth ("City"), whose address is 1000 Throckmorton St., Fort Worth TX 76102, acting by and through Dale A. Fisseler, its duly authorized acting Assistant City Manager, and Ability Resources, Inc. ("ARI"), whose address is 6040 Camp Bowie, Suite 31, Fort Worth, Texas 76016, acting by and through Jesse Seawell, its duly authorized Executive Director. WHEREAS, the City of Fort Worth ("City") has received a grant from the United States Department of Housing and Urban Development ("HUD") through the Home Investment Partnerships Program ("HOME"), Program No. M-03-MC-48-0204, Catalog of Federal Domestic Assistance ("CFDA") No. 14.239, with which the City desires to promote activities that expand the supply of affordable housing and the development of partnerships among -the City, local governments, local lenders, private industry and neighborhood-based nonprofit housing organizations; WHEREAS, the primary purpose of the HOME program ("HOME Program") pursuant to the HOME Investment Partnerships Act at Title II of the Cranston Gonzales National Affordable Housing Act of 1990, as amended, 42 U.S.C. 12701 et seq. ("NAHA") and the HOME Investment Partnerships Program Final Rule, as amended, 24 CFR Part 92 et seq. (the "HOME Regulations" or "Regulations") is to benefit low and very-low income citizens by providing them with affordable housing; WHEREAS, ARI, a Texas nonprofit corporation managed by a volunteer Board of Directors, is working to assist low and very low income individuals who are seniors or have special needs by increasing the number of safe, accessible, affordable housing units available to them; and WHEREAS, the citizens of the City and the City Council have determined that the development of safe, decent, accessible and affordable housing is needed for moderate, low, and very low-income citizens who are seniors or persons with disabilities. NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: 1. GENERAL PROVISIONS A. Purpose The express purpose of this Contract is to provide ARI with HOME funds ("HOME Funds") not to exceed FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) for operating expenses to explore the development of a HUD funded market rate multi-family rental housing project that would include units for seniors and persons with disabilities that—is-- affordable to low and very low-income persons (the "Program"). Under the Program, ARI will HOME OPERATING SUPPORT CONTRACT Page 1 Ability Resources, Inc. Rev. 10-26-04 identify a real property site on which to develop a multi-family rental project in accordance with the attached Exhibit A—"Program Summary". The objective of this Contract is to assist ARI in the payment of eligible operating expenses as defined in the HOME Regulations during ARI's development of a multi-family rental housing project. The HOME Funds in the amount of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) provided under this Contract are designated as operating funds ("Operating Funds") and shall be used for operating expenses by ARI. City hereby certifies that ARI is a Community Housing Development Organization ("CHDO") and acts a housing developer as defined by HUD. The City shall act through its agent, the City Manager, or his or her duly authorized representative, unless otherwise stated in this Contract. ARI agrees to comply with the HOME Regulations and applicable City Codes and ordinances. B. Duration This term of this Contract begins on the date of its execution and terminates twelve (12) months thereafter. This Contract may be extended for an additional one (1) -year term. ARI shall request the extension in writing at least sixty(60) days prior to the end of the Contract term. The request for extension shall include ABI's anticipated budget and goals and objectives for the extended term. It is specifically understood that it is within the City's sole discretion whether to approve or deny the request for an additional term. Any such extension must be in writing as an amendment to this Contract and approved by the City Manager or his or her designee. C. Independent Contractor ARI shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. ARI shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, program participants, licensees or invitee. The doctrine of respondeat superior shall not apply as between City and ARI, its officers, members, agents, servants, employees, subcontractors, program participants, licensees or invitee, and nothing herein shall be construed as creating a partnership or joint enterprise between City and ARI. It is expressly understood and agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of ARI, nor any program participant hereunder, is in the paid service of City and that City does not have the legal right to control the details of the tasks performed hereunder by ARI, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees. City shall in no way nor under any circumstances be responsible for any property belonging to ARI, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged- and ARI - HOME OPERATING SUPPORT CONTRACT Page 2 Ability Resources, Inc. Rev. 10-26-04 hereby indemnifies and holds harmless City and its officers, agents, and employees from and against any and all claims or suits pertaining or connected with such property. D. Termination The City may terminate this Contract in the event of ARI's default, inability or failure to perform, or otherwise whenever such termination is determined by the City to be in the City's best interest. Likewise, this Contract may be temlinated by ARI if the City does not provide the HOME Funds set forth in this Contract. The Contract may be terminated for mutual convenience upon agreement of the parties. The parties acknowledge that the HOME Funds paid hereunder as Operating Funds are intended to provide only partial funding for ARI's general operations. City may terminate this Contract if ARI does not obtain funds other than HOME Funds to implement the Program during the Contract term. City shall notify the ARI in writing of any breach of this Contract, and specify a reasonable time within which to cure the particular breach. If ARI fails to cure the breach within the time stated in the notice, this Contract shall automatically terminate at the expiration of the stated time allowed for cure. ARI will return to City any unused HOME Funds previously distributed under this Contract within thirty (30) days of the effective date of Contract termination. City will have no responsibility or liability for ARI's expenditures or actions occurring after the effective date of Contract termination. E. 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. F. Written Instrument is Entire Agreement All terms of this Contract shall apply to any and all subcontractors of ARI which are in any way paid with HOME Funds or who perform any work in connection with ARI's Program. The provisions of this Contract are severable, and, if for any reason a clause, sentence, paragraph or other part of this Contract shall be determined to be invalid by a court or Federal or state agency, board or commission having jurisdiction over the subject matter hereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. City's failure to insist upon the performance of any term or provision of this Contract or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any HOME OPERATING SUPPORT CONTRACT Page 3 Ability Resources, Inc. Rev. 10-26-04 extent of City's right to assert or rely upon any such term or right on any future occasion. This written instrument and the exhibits attached hereto, which are incorporated by reference and made a part of this Contract for all purposes, constitutes the entire Contract by the parties hereto concerning the work and services to be performed under this Contract. Any prior or contemporaneous oral or written agreement, which purports to vary the terms of this Contract, shall be void. Any amendments to the terms of this Contract must be in writing and must be approved by each party to this Contract. The paragraph headings contained herein are for convenience in reference to this Contract and are not intended to define or to limit the scope of any provision of this Contract. 2. DUTIES AND RESPONSIBILITIES OF CITY A. Disbursement of Funds The City will furnish HOME Funds for use as Operating Funds as more particularly described herein. The City will monitor the use of such funds to ensure appropriate use. Funds shall be disbursed after execution of this Contract and compliance with the provisions herein. Disbursements of Operating Funds will be on an advance of funds basis to cover monthly operating expenses and will require completion of. (1) Attachment 1 "Subgrantee's Request For Funds", (2) Attachment II "Detail Statement of Costs" and (3) Attachment III "Expenditures Worksheet". ARI may request an advance of one-twelfth (1/12"') of its Operating Funds monthly; provided however, ARI may request an initial advance for two months of Operating Funds to cover Program start-up expenses. Operating Funds will be disbursed monthly thereafter. ARI may request additional Operating Funds; if necessary, to meet monthly expenses that exceed 1/12th of the budgeted amount. No Operating Funds will be advanced if City has not received the necessary financial reports that account for previously advanced Operating Funds. B. Amount of Funds It is agreed that the total distribution of HOME Funds made available to or paid on behalf of ARI during the term of this Contract shall not exceed the total sum of FIFTY THOUSAND AND N0/100 DOLLARS ($50,000.00). 3. DUTIES AND RESPONSIBILITIES OF ARI A. Statement of Work and Performance Objectives ARI will utilize HOME Funds provided under this Contract to pay certain of its operating expenses to promote the development of ARI and its efforts to produce affordable housing for low and very-low income persons. By the end of the Contract term, ARI shall have completed or performed the objectives and program measures in accordance with Exhibit A — HOME OPERATING SUPPORT CONTRACT Page 4 Ability Resources, Inc. Rev. 10-26-04 "Program Summary". The HOME Funds provided under this Contract are provided with the understanding that ARI may expect to receive HOME project funding within twenty-four(24) months of receiving HOME Funds for operating expenses. Funding by City of any application by ARI for HOME project funding will be conditioned on City receiving sufficient funding from HUD for the HOME Program, the quality of ARI's request for HOME project funding, and the applicability of the request to then-existing HOME funded programs. B. Budget ARI agrees that the HOME Funds will be expended only for operating expenses in compliance with the HOME Regulations, 24 CFR Part 92.208, and in accordance with Exhibit B - "Program Budget". No change in the Program Budget shall be made without prior written approval of the City. Under no circumstances shall the total amount of Program funds expended by ARI from funds paid by the City exceed FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00). C. Time Line for Goals and Expenditures ARI will work in accordance with the schedule set forth in the attached Exhibit C - "Program Implementation Timeline", and ensure that Program goals and expenditures correspond with the completion of the Program. D. Reversion of Assets ARI agrees to return to the City any HOME Funds remaining on hand at the end of the Contract. If repayments, interest or other returns on investment attributable to HOME Funds are received after the term of this Contract, they shall be returned to the City to be deposited in accordance with HOME Regulations. . E. Accounting, Records and Reports ARI will establish and maintain an accounting system using uniform and established principles of standard accounting in accordance with OMB Circular A-122, "Cost Principles for Non-Profit Organizations", for the documenting and controlling the expenditure of HOME Funds used in the pursuit of Program objectives to be performed in this Contract. ALL HOME FUNDS, AS DISTRIBUTED TO ARI, WILL BE IMMEDIATELY DEPOSITED BY ARI IN A LOCAL, FEDERALLY-INSURED, INTEREST BEARING BANK CHECKING ACCOUNT, AND THEREAFTER DISBURSED BY CHECK BY ARI FOR THE PURPOSES ALLOWED UNDER THIS CONTRACT ("ALLOWABLE COSTS" HEREINAFTER DEFINED). ONLY HOME FUNDS WILL BE DEPOSITED TO THIS ACCOUNT AND NO OTHER FUNDS WILL BE COMMINGLED WITH THIS ACCOUNT. THE CITY SHALL HAVE ACCESS TO THE RECORDS RELATING-TO i HOME OPERATING SUPPORT CONTRACT Page 5 Ability Resources, Inc. Rev. 10-26-04 THIS ACCOUNT FOR PURPOSES OF AUDITING ARI'S EXPENDITURES OF THE HOME FUNDS, AND ARI WILL SO ADVISE APPROPRIATE BANK OFFICIALS. ARI will only use HOME finds received to defray expenditures which are: (1) made in conformance with the specified purposes set out in Exhibit A and all other provisions of this Contract; (2) necessary to accomplish the Program objectives; (3) reasonable in amount of goods and services purchased; (4) actual net costs to ARI (i.e., the price paid minus any refunds, rebates, discounts or any other items of value received by ARI that have the effect of reducing the cost actually incurred); (5) incurred after execution of this Contract unless specific authorization from the City to the contrary is received; (6) satisfactorily documented; and (7) treated uniformly and consistently under the accounting system established by ARI for these purposes. All costs defrayed from HOME Funds will be supported by properly executed checks, orders, payrolls, time records, invoices, contracts, vouchers, or other accounting documents evidencing in detail the nature and propriety of the charges. Such documentation will be clearly identified, readily accessible and, to the extent possible, kept separate and apart from all other such documents. City expressly reserves, for a period of five (5) years from the date of execution of this Contract, the right to audit compliance with the terms of this Contract, and any and all records and documents relating to expenditures made for which HOME Funds are used, or relating to any other activity under this Contract or use of HOME Funds. ARI agrees to retain all such records and documents for the five(5) year period By the 15th day of each month during which the Program is supported by HOME Funds provided under this Contract (to be construed as including the use of any asset obtained through the expenditure of HOME Funds), ARI will supply the City with a report detailing: a. Program reports in accordance with Attachment IV — "Monthly Narrative Report" and Attachment IV(a) -Performance Report; b. Expenditure detail in accordance with Attachment I - "Request For Funds", Attachment II - "Detail Statement of Costs", and Attachment III - "Expenditures Worksheet". Reports shall be submitted in the format specified by City. IF THE REQUIRED REPORTS ARE NOT RECEIVED BY THE DUE DATE, THE CITY RESERVES THE RIGHT TO WITHHOLD PAYMENTS REQUESTED UNDER THIS CONTRACT AND ANY OTHER CONTRACTS WITH ARI. F. Cost Principles ARI shall administer the Program in compliance with OMB Circular A-122, "Cost Principles for Non-Profit Organizations", as amended from time to time and with the following: All non-federal entities that expend $500,000 or more in Federal funds within one year, regardless of the source of the Federal award, must submit to City an annual audit prepared in HOME OPERATING SUPPORT CONTRACT Page 6 Ability Resources, Inc. Rev. 10-26-04 accordance with specific reference to OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations". The audit may cover either ARI's fiscal year during which this Contract is in force or cover the period of this Contract. The audit must be prepared by an independent certified public accountant, be completed within twelve (12) months following the end of the period being audited and be submitted to City within thirty(30) days of its completion. ARI's audit certification is attached hereto as Exhibit D — "Audit Certification Form" and "Audit Requirements". The Audit Certification Form must be submitted to City within sixty (60) days of the end of period being audited (ARI's fiscal year). Costs of preparation of this audit may be an allowable expenditure of Federal funds in an amount proportional to that of the Federal funds used in ARI's total agency operating budget. Non-profit entities that expend less than $500,000 a year in Federal funds are exempt from Federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the Federal agency, City, and General Accounting Office. City reserves the right to perform an audit of ARI's Program operations and finances at any time during the term of this Contract, if City determines that such audit is necessary for City's compliance with OMB Circular A-133, and ARI agrees to allow access to all pertinent materials as described in Section G. Record Retention and reports. If such audit reveals a questioned practice or expenditure, such questions must be resolved within (15) days after notice to ARI of such questioned practice or expenditure. If questions are not resolved within this period, City reserves the right to withhold further funding under this Contract and/or future contract(s) with ARI. If as a result of any audit it is determined that ARI has misused, misapplied or misappropriated all or any part of the HOME Funds, ARI agrees to reimburse the City the amount of such monies so misused, misapplied or misappropriated, plus the amount of any sanctions, penalty or other charge levied against City by HUD because of such misuse, misapplication or misappropriation. G. Monitor Effectiveness of Services and Work The City will review the activities and performance of ARI not less than annually as required by the HOME Regulations. ARI agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by ARI in compliance with the terms of this Contract. City shall have access at all reasonable hours to offices and records (dealing with the use of the funds that are the basis of this Contract) of ARI, its officers, directors, agents, employees, and subcontractors for the purpose of such monitoring. ARI agrees to likewise monitor the effectiveness of the services and work to be performed by its subcontractors. H. Compliance with All Applicable Laws and Regulations ARI agrees to comply with the following laws and regulations as they are currently written or are hereafter amended during performance of this Contract: i- HOME OPERATING SUPPORT CONTRACT Page 7 Ability Resources, Inc. Rev. 10-26-04 (1) Federal Title VI of Civil Rights Act of 1964 (42 USC 2000d et seq.) Title VIII of Civil Rights Act of 1968 (42 USC 3601 et seq.) Executive Orders 11063 and 11246, as amended by Executive Orders 11375 and 12086 and as supplemented by 41 CFR Part 60 The Age Discrimination in Employment Act of 1967 (29 USC et seq.) The Age Discrimination Act of 1975 (42 USC 6101 et seq.) Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part 8 where applicable National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq. ("NEPA") and the related authorities listed 24 CFR Part 58 The Clean Air Act, as amended, (42 USC 7401 et seq.), the Clean Water Act of 1977, as amended (33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part 15, as amended from time to time, and Executive Order 11738. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.) specifically including the provisions requiring employer verifications of legal status of its employees The Americans with Disabilities Act of 1990, as amended, (42 USC 12101 et seq.), the Architectural Barriers Act of 1968, as amended, (42 USC 4151 et seq), and the Uniform Federal Accessibility Standards, 24 CFR Part 40, Appendix A HOME Investment Partnerships Act at Title II of the Cranston Gonzales National Affordable Housing Act of 1990, as amended, 42 U.S.C. 12701 et seq. ("NAHA") Regulations at 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons 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 (2) Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC 1701 u et seg.) and its related regulations at 24 CFR Part 135 As the work performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that the following clause be inserted in all covered contracts ("Section 3 Clause"): "A. The work to performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assisted or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this cpntract,-thc - HOME OPERATING SUPPORT CONTRACT Page 8 Ability Resources, Inc. Rev. 10-26-04 parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representatives of the contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees that it will include this Section 3 clause in every subcontract to comply with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon finding that the subcontractor is in violation of the regulations in: 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the subcontractor has been found in violation of regulations in 24 CFR 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian—owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b)." ARI will comply with the provisions of Section 3 and the regulations in 24 CFR Part 135, and all applicable rules and orders issued thereunder. ARI certifies and agrees that it is under no contractual or other impediment that would prevent it from complying with these requirements. ARI agrees that it will send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representatives of its commitments under this Section 3 Clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. ARI agrees that it will include the Section 3 Clause in every subcontract for work in HOME OPERATING SUPPORT CONTRACT Page 9 Ability Resources, Inc. Rev. 10-26-04 connection with the Program and will, at direction of City, take appropriate action pursuant to such subcontract upon a fmding that any subcontractor is in violation of regulations pertaining to Section 3. ARI agrees that it will not subcontract with any subcontractor where it has knowledge that the latter has been found in violation of the regulations under 24 CFR Part 135 and will not let any contract unless the subcontractor has first provided ARI with a preliminary statement of activity to comply with the requirements of these regulations. City and ARI understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Program, binding upon the City and ARI, and their respective successors, assigns and subcontractors. Failure to fulfill these requirements shall subject ARI and its subcontractors, and their respective successors and assigns, to those sanctions specified by the Grant Agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. (3) Other Laws ARI covenants and agrees that its officers, members, agents, employees, Program participants and subcontractors shall abide by and comply with all other laws, (Federal, state and local) relevant to the performance of this Contract, including all City ordinances, rules and regulations and the HOME Regulations. ARI further promises and agrees that it has read, and is familiar with, the terms and conditions of the Federal grant under which HOME Funds are granted and that it will fully comply with them. It is agreed and understood that, if City calls the attention of ARI to any such violations on the part of ARI or any of its officers, members, agents, employees, Program participants or subcontractors, then ARI shall immediately desist from and correct such violation. (4) Prohibition Against Discrimination ARI, in the execution, performance or attempted performance of this Contract, will not discriminate against any person because of sex, race, religion, color, national origin or familial status, nor will ARI permit its officers, members, agents, employees, subcontractors or Program participants to engage in such discrimination. During the performance of this Contract ARI agrees, and will require all its subcontractors to agree, as follows: ARI will not unlawfully discriminate against any employee or applicants for employment because of race, color, religion, sex or national origin. ARI will take affirmative action to ensure that applicants are employed and that employees are treated fairly during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. ARI agrees to post in conspicuous places, available to employees and HOME OPERATING SUPPORT CONTRACT Page 10 Ability Resources, Inc. Rev. 10-26-04 applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ARI will, in all solicitations or advertisements for employees placed by or on behalf of ARI, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. ARI covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age or because of any handicap, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. ARI further covenants that neither it nor its officers, members, agents, employees, subcontractors, Program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), ARI warrants that it and any of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of ARI or any of its subcontractors. ARI warrants it will fully comply with ADA's provisions and any other applicable Federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of ARI's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. This Contract is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article III, Division 3, "Discrimination in Employment Practices", of the City Code and ARI hereby covenants and agrees that ARI, its officers, members, agents, employees and subcontractors, have fully complied with all provisions of same and that no employee, applicant or Program participant has been discriminated against by the terms of such ordinances by either ARI or its officers, members, agents, employees or subcontractors. (5) Prohibition Against Interest No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which the Program is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the program funded hereunder during his tenure or for one year thereafter, shall have any-interest; -- HOME OPERATING SUPPORT CONTRACT Page 11 Ability Resources, Inc. Rev. 10-26-04 direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. ARI shall incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts entered into in connection with the Program. No officer, employee, member or Program participant of ARI or its subcontractors shall have a financial interest, direct or indirect, in this Contract or the HOME Funds transferred hereunder or be financially interested, directly or indirectly, in the sale to ARI of any land, materials, supplies or services purchased with any funds transferred hereunder, except on behalf of ARI, as an officer, employee, member or Program participant. Any willful violation of this paragraph with the knowledge, expressed or implied, of ARI or its subcontractors shall render this Contract voidable by the City. No officer, employee, agent, consultant, elected official or appointed official of the City, ARI or its subcontractors who exercised any functions or responsibilities with respect to activities assisted with HOME Funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME assisted activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. (6) Minority and Women Business Enterprise Commitment ARI agrees to abide by the City's policy to involve Minority and Women Business Enterprises ("M/WBEs") in all phases of its procurement practices and to provide them equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by City. Therefore, ARI agrees to incorporate City Ordinance No. 11923, 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. I. Assignment ARI shall not assign all or any part of its rights, privileges, or duties under this Contract without the prior written approval of City. Any attempted assignment of same without approval shall be void, and shall constitute a breach of this Contract. It is agreed that the City has the right to inspect and approve in writing any proposed subcontracts between ARI and any subcontractor engaged in any activity in conjunction with this HOME funded project prior to any charges being incurred. J. Indemnification and Release ARI 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 — HOME OPERATING SUPPORT CONTRACT Page 12 Ability Resources, Inc. Rev. 10-26-04 PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER HIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY; AND ARI HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAMS DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. ARI 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 ARI, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH ARI AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY BY ARI TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ALLEDGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY,DAMAGE OR DEATH. ARI AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTIAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY THE CITY'S SOLE OR CONCURRENT NEGLIGENCE. ARI SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO INCLUDE IN THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. HOME OPERATING SUPPORT CONTRACT Page 13 Ability Resources, Inc. Rev. 10-26-04 K. Waiver of Immunity If ARI, 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, ARI 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. L. Insurance and Bondin; ARI 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 ARI's officers, agents, trustees, directors or employees. The proceeds of such bond shall be used to reimburse City for any and all loss of HOME Funds occasioned by such misconduct. To effectuate such reimbursement, such bond shall include a rider stating that reimbursement for any loss or losses thereunder shall be made directly to City for the use and benefit of ARI. ARI shall furnish to City, in a timely manner, certificates of insurance as proof that it has secured and paid for policies of commercial insurance as specified herein. Such insurance shall cover all insurable risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this Contract. ARI shall maintain the following coverages and limits thereof. Commercial General Liability(CGL) Insurance $500,000 each occurrence $1,000,000 aggregate limit Business Automobile Liability Insurance $1,000,000 each accident on a combined single-limit basis, or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence $2,000,000 Aggregate Insurance policy shall be endorsed to cover"Any Auto" Pending availability of the above coverage, and at the discretion of the ARI, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of ARI'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 HOME OPERATING SUPPORT CONTRACT Page 14 Ability Resources, Inc. Rev. 10-26-04 including but not limited to construction, demolition, and rehabilitation. ARI or its subcontractors shall maintain coverages. In the event the respective subcontractors do not maintain coverage, the ARI shall maintain the coverage on such subcontractor for each applicable subcontract. Directors and Officers Insurance Optional (Highly Recommended) Note: This insurance shall cover the ARI and any associated Board of Directors members. Additional Requirements Such insurance amounts shall be revised upward at City's option and that ARI shall revise such amounts within thirty(30) days following notice to ARI of such requirements. ARI will submit to City documentation that it has obtained insurance coverage and has executed bonds as required in this Contract prior to payment of any monies provided hereunder. Each insurance policy shall be endorsed to provide City with a minimum sixty(60) days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. Insurance policies required herein shall be endorsed to include City as an additional insured as its interest may appear. Additional insured parties shall include employees, officers, agents, and volunteers of the City. The Workers' Compensation Insurance policy shall be endorsed to include a waiver of subrogation, also referred to as a waiver of rights of recovery, in favor of City. Any failure on part of the City to request certificate(s) of insurance shall not be construed as a waiver of such requirement or as a waiver of the insurance requirements themselves. Insurers of ABI's insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to do business in the state of Texas. Insurers shall be acceptable to the City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rating of A: VII or other equivalent insurance industry standard rating otherwise approved by the City of Fort Worth. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by City. In the event there are any local, federal or other regulatory insurance or bonding requirements for the Program, and such requirements exceed those specified herein, the former shall prevail. HOME OPERATING SUPPORT CONTRACT Page 15--- - Ability Resources, Inc. Rev. 10-26-04 ARI shall require its subcontractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and, ARI shall require its subcontractors to provide ARI with certificate(s) of insurance documenting such coverage. Also, ARI shall require its subcontractors to have City and ARI endorsed as additional insureds (as their interest may appear) on their respective insurance policies. ARI shall require its subcontractors to maintain builders risk insurance at the limit of applicable project(s) costs when the value of materials involved exceeds $10,000 or at a different limit value as specified by the City of Fort Worth. M. Certification Regarding Lobb idng The undersigned representative of ARI 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 ART, 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, ARI shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certificate is a prerequisite for making or entering into this Contract imposed by 31 USC Section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. ARI shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of Federal funds. N. MISCELLANEOUS PROVISIONS All terms of this Contract shall apply to any and all subcontractors of ARI who are in any way paid with HOME Funds or who perform any work in connection with the Program. All notices required or permitted by this Contract must be in writing and are deemed delivered on the earlier date of the date actually received or the third day following (i) deposit HOME OPERATING SUPPORT CONTRACT Page 16 Ability Resources, Inc. Rev. 10-26-04 in a Untied States Postal Service post office or receptacle; (ii) with proper postage, certified mail return receipt requested; and (iii) addressed to the other party at the address set out in the preamble of this Contract or at such other address as the receiving party designates by proper notice to the sending party. If applicable, ARI must meet conditions and limitations for use of HOME Funds involving a primarily religious entity as set forth in the HOME Regulations. ARI shall notify City in writing of any changes in its 501 (c) (3) tax exempt status during the term of this Contract as well as any other change that alters ARI's certification as a CHDO under the HOME Regulations. ARI agrees to document its continued compliance, including but not limited to an annual board roster and certification of continued compliance. [SIGNATURES APPEAR ON FOLLOWING PAGE] HOME OPERATING SUPPORT CONTRACT Page 17- --- -— , Ability Resources, Inc. Rev. 10-26-04 IN WITNESS WHEREOF, the parties hereto have xecuted fo c pies of this Contract in Fort Worth, Tarrant County, Texas, this day of 1. 2004. ATTEST: CITY OF FORT WORTH a By: City Secretary Dale A. Fisseler Acting Assistant City Manager APP VED AS TO AND LEGALITY: Assistant City Attorney ABILITY RESOURCES, INC. ! '7 Contract author zatioR By: 1 Jesse �e well, Executive Director Date HOME OPERATING SUPPORT CONTRACT Page 18 Ability Resources, Inc. Rev. 10-26-04 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on C l , 2004 by Dale A. Fisseler, the Acting Assistant City Manager, of the City of Fort Worth, on behalf the City of Fort Worth. Notary Public, State of Texas ROSELLA BARNES NOTARY PUBLIC tiState of Texas iNYoF .f Comm. Exp. 03-31-2005 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 2004 by Jesse Seawell, the Executive Director of Ability Reso cInc., a Texas non-profit corporation, on behalf of said corporation. lea. Nota Public, State of Texas oPF Pia r SUZANNE C.MARSDEN NOTARY PUBLIC , STATE OF TEXAS ar�rf of My Comm.Exp.02-11-2006 HOME OPERATING SUPPORT CONTRACT Page 19 Ability Resources, Inc. Rev. 10-26-04 EXHIBIT A PROGRAM SUMMARY PROGRAM TITLE ABILITY RESOURCES,INC.-RENTAL HOUSING FOR SENIORS OR PERSONS WITH SPECIAL NEEDS 2003 DOME-CHDO PERSONAL SERVICES SO SUPPLIES $0.00 CONTRACTUAL SERVICES(SUPPORT FUNDS) $50,000.00 CAPITAL OUTLAY $0.00 TOTAL $50,000.00 DESCRIPTION: Ability Resources, Inc. is a certified Community Housing Development Organization that provides decent, safe, accessible and affordable rental housing for persons with special needs. The performance period will begin on the date of contract execution and end twelve months thereafter. PROGRAM OBJECTIVES: To identify a property site on which to develop a multi-family rental project for seniors or persons with special. special that is accessible and affordable to low and very low income persons. PROGRAM MEASURES Submission of: Evidence of site control Evidence of appropriate zoning and other due diligence activities Obtain Appraisal Conduct Market Study Perform Feasibility Study Development budget Compliance with HUD site and neighborhood standards for new multi-family project Develop plans and specifications Obtain builder/developer Obtain architect Vlfritten construction quote from builder/developer Qualifications and track record of proposed builder/developer Secure funding and obtain letters of commitment from any permanent financing lender or funding provider Proforma for the first five years Identify for service providers Plans for marketing and outreach Develop Lease Up Plan Compliance with terms of affordability EMBIT B City of Fort Worth CHDO Support Fund Application B. 4 OPERATING BUDGET FOR TWO FISCAL YEAR 1. Fiscal Year 09/01/04 to 08/31/05 2. Fiscal Year 09/01/05 to 08/31/06 Expense Category Total. C$DO . CDB;...Other Total CHDO CDBG Other Budget $uciget G Sources Budget Bixdget Sources 0)* (2) (4)*** (2)x* (3) (4)*** 3 Personnel Services Salaries 137,200 5500 1 131,700 142,060 0 142,060 FICA 10,610 440 10,170 10,986 0 10,986 Life Insurance Health Insurance Unemployment- State Unemployment-Federal Workers' Compensation Retirement 6060 0 6060 Supplies 2,200 1100 1100 2400 0 2400 Office Supplies 2,500 1250 1 1250 2750 0 2750 Postage 1,000 500 500 1100 0 1100 Teaching Aids Office Furniture Other Contractual Seryices Telephone 5000 2500 2500 5.500 0 5500 Electric 6276 3138 3138 7128 0 7128 Gas 0 0 0 0 0 0 Water/Waste Disposal 1800 900 900 1800 0 1800 Rent 15,232 7616 7616 15232 0 15,232 Custodial Services Copier Other Equipment Printing 200 100 100 220 0 220 Repairs 3000 1500 1500 3300 0 3300 Fidelity Bond 600 300 300 600 0 600 Liability Insurance 2700 1350 1350 2,700 0 2700 Legal & Accounting 7500 3750 3750 7,500 0 7500 Private Auto Allowance 2400 1200 1200 2400 0 2400 Conferences & Seminar 500 0 500 500 0 500 Other 37,964 18,856 19,108 41,760 0 41,760 TOTAL 236,682 50,000 316,682 253,996 0 253,996 Less payroll= 88,872 44,060-50% * Should be the total of columns 2,3 and 4. ** CHDO Budget should not exceed $50,000 or 50% of the total budget, over a two-year period or whichever is lower. *** Indicate other funding sources in columns 4. Should equal total in Funding Source in C. 3 August 19, 2003 EXHIBIT C ABILITY RESOURCES INCORPORATED TIME LINE FOR DEVELOPMENT OF 2003 CHDO Operating Funds PROJECT July through December 2005-Locate suitable property January through February 2006-Negotiate for purchase of property April through May 2006-Develop CHDO funding application for purchase of property and for HUD-Section 202 funding June 2006-Closing on property October 2006-notification of 202 funding October 2006 through April 2007-Architectural and Engineering Plans April 2007 through July 2007-Construction July 2007 continuing-Marketing and Management EXHIBIT D CITY OF FORT WORTH HOUSING DEPARTMENT Audit Certification Form Subrecipient: Fiscal Year Ending: Mo Day Yr ❑ 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) Federal Expenditure Disclosure Federal Funds Must be filled out if Single Audit or Program Audit is not required: Pass Through Program Name & Contract Federal Grantor Grantor CFDA Number Number Expenditures Total Federal Expenditures for this Fiscal Year $ Printed Name Title (Must be CFO, CEO or equivalent) Authorized Signature (Must be CFO, CEO or equivalent) Phone Number Date Failure to submit this or a similar statement or failure to submit a completed single audit package as described in the audit requirements by the required due date will result in suspension of funding and will affect eligibility for future funding. Submit this form to the City of Fort Worth within 60 days after the end of your Fiscal year CITY OF FORT WORTH HOUSING DEPARTMENT AUDIT REQUIREMENTS Organizations expending $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 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" Alf organizations that receive a City of Fort Worth award must submit the provided Audit Certification Form which certifies whether you are subject to a single/program audit. Organizations receiving federal awards from the City of Fort Worth who are not required to have an audit shall certify in writing to the agency. The organizations Chief Executive Officer or Chief Financial Officer shall make the certification within 60 days of the end of the organization's fiscal year. The following items should be submitted to the City of Fort Worth Housing Department within the required timeframe: Due 60 days after organization's fiscal year end: (required for all subrecipients) • Completed Audit Certification Form Due within the earlier of 30 days after receipt of the auditor's report or nine months after the end of the audit period. • Two copies of the entire audit report issued by the CPA • Two copies of any management letter issued by the CPA in conjunction with the audit report • Two copies of management's comments on all findings, recommendations, & questioned costs contained in the audit report and management letter, including a detailed corrective action plan Failure to submit any of these items by the required due date may result in holds on current draw requests, suspension of the organization's contract(s) and eligibility for future funding. If the organization does not meet the- requirements of having a single/program audit conducted, records must still be kept available for review or audit by City of Fort Worth staff (OMB A-133 Subpart B Sec 200(d). If additional information is needed concerning the audit requirements, please call (817) 392-6141. CITY OF FORT WORTH HOUSING DEPARTMENT SINGLE AUDIT REPORT CHECKLIST The Department developed this checklist to help organizations improve the quality and completeness of audit reports. General Purpose or Basic Financial Statements of the Organization Opinion/Report on Organization's Financial Statements in accordance with Government Auditing Standards Notes to the General Purpose or Basic Financial Statements of the Organization A Schedule of Expenditures of Federal Awards including the Department's contract numbers, the total expended for the federal program, and the CFDA number (OMB A-133 Subpart C Sec 310). Opinion/Report on Schedule of Expenditures of Federal and State Awards Report on Compliance and on Internals Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance With GovernmentAuditing 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 CITI% OF FORT WOR-rLR aTT'ACD2V(F-N •I HOUSING DE -A-RIMENT SIMGRANTEE'S REQUEST FOR FUNDS. Agency Frown Name: Contract Number Report P trod: Date of Request: CASH-BALANCE ANALYSIS FOR 1. Beginamg Cash Balance $ $ 2. Amount Received: Program Income $ $ City of Fort Worth $ $ Interest Earned I Total Finds Available (1 +2) 4. Less Expenditure(detail statement cost) $ _ $ 5. ENDING CASH BALANCE (3-4) eaT. _ 6. E dibated Expenditures $ _ 7. Funds Needed(6-5) $ _ 8. Less Estimated Program Income $ P. Unpaid Request for Payment Previously Submitted $ 10.Amoun#of This Request(7-8 &9) $ — [. 1lIAR$-P j:rCh aS-as R r:C1 T.3 eSt MARS D�TPUT_ Vendor/PO Number/Requisition Namber Find/Account/Center Total Amount of this Request VeriEcatiou A. Model Blocks Planner: E. Contract Manager_ C. Accounting: Authorization 4. A gencp: I / T- 3. Mgmt&Budget A&ni-uistratoi Causing Director / - gov—tss,soo.00 ON -) CITY OF FORT W ORTH A TTA CBMEIt'T la HOUSING DEPARTMENT MANAGMvIENT AND BUDGET DIVISION DETAIL STATEMENT OF COSTS CONTRACT No- DAZE AGENCY TO PROGRAM REPORTPERTOD PROGRAM MONTHLY CummATIYE COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE PERSONAL SERVICES Salaries 516010 f FICA 518010. L'elnsurmce 518050 Health InsnTance 518060 Un to ent-Federal 518090 Unem to ent Tax-State 518090 Worker's Corap 518040 Retirement 518070 SUPPLIES Office Su lies 521010 Po e 521020- Teadhin Aids 522030 Food Supplies 52203.0 Other-ODeratin-Supplies 523300 CONTRACTUAL SERVICES. . T le honej 535040 nWater/Waste 535020 535010 j Di oral 535030 u ) 537010 rvices 539220 menr Rental 537030 _ . 533030 Repairs' 53600 Fidehty..Bond 538210 . Liability Iusurance 534020 egal.&Accountin .538060 'rivate Auto AIlowance-Local 532130 Udvmtsin 533010 ;onferences&Ser nit= 5311.80 ,6n=toal Services 539120 *direct Cost 5I7010 API'T'AL OUTLAY rrmtare,Fixtures 541330 nce E went 541370 . operty Insurance )TAI Sub-Contractors Gertification: I certify that the costs incun-ed afe taken from the books of accounts and that such costs are valid and consistent with the terms of the agreement VIE and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE -- `— CITY OF FORT WORTH A-TTACMym"T III HCfUSI1NG DEPART Y= M, 1—NAGEMFNT A r'M BUDGET DIPISIOIN EXPENDMT ES WOKKSECEET CMURACT NO. DATE AGENCY TO . PROGRAM REPO1tTPERIOD C13EC-K NO. DATE PAYEE DESCRIPTION ACCOUNT NO: AMOUNT . 1 2 3 d 6 7 8 9 10 11 H12 13 14 1s .16 17 18 19 20 21 ZI '3 41 I SI TOTAL Sub-Contractors Certification_ I certify that the costs actued are taken from the boobs of accounts and that Bach costs are valid and consistent with the temps di the agzeement vIR and TITLE OF AUTHt7RI7.'ED OFFICER SIGNATURE and DATE - ATTACHMENT IY IONT= YEA TIVE REPORT M01,7TH REPORTING FROM: TO: 1 . ACCOMPLIS` MENTS II_ ADDIT3:O1ZkL- COMMENTS REGARDING ACCOMPLISHMENTS 'TRIS MONTH: Ill . PROj3LEMS 1NCOUNTERED .AND SOLUTIONS PROPOSED- IV. ROPOSEDIV. ANTICIPATED ACTIVITIES D"tTRTNG �7EXT MONTa: Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/22/2004 DATE: Tuesday, June 22, 2004 LOG NAME: 05ARICHDO REFERENCE NO.: **C-20117 SUBJECT: Reallocation of Community Housing Development Organization Support Funds for Ability Resources, Inc. to Support Development of Housing Projects for Seniors and/or Persons with Disabilities RECOMMENDATION: It is recommended that the City Council: 1. Approve the reallocation and use of $50,000 in Community Housing Development Organization (CHDO) funds under Federal HOME Program Year 2003; and 2. Authorize the City Manager to execute a contract with Ability Resources, Inc. (ARI), not to exceed a total of $50,000, in Fiscal Year 2003 HOME CHDO Support Funds to assist the organization with payment of operating costs; and 3. Authorize the contract performance period to begin on the date of contract execution and end twelve months thereafter; and 4. Authorize extension or renewal of the contract for up to one year, if the organization requests an extension; and 5. Authorize the City Manager to amend the contract, if necessary, to achieve project goals provided that the amendment is within the scope of the project and in compliance with applicable laws and regulations. DISCUSSION: The HOME Investment Partnerships Program is intended to be a partnership between federal, state, local governments, non-profit and for-profit agencies who, build, own, manage, finance and support low income housing initiatives. Participating Jurisdictions (PJs), such as the City of Fort Worth, are particularly encouraged to work with existing community-based, non-profit housing organizations and to help develop new housing non-profits. To ensure this participation, a minimum 15% of a PJ's HOME funds must be set-aside to be used for Community Housing Development Corporations (CHDOs), and up to 5% may be set-aside to fund CHDOs' operating expenses. CHDOs are certified by PJs according to- specific eligibility criteria. Commitments of HOME funds must be made according to a timetable established by HUD. The City issued a Notice of Funding Availability (NOFA) for CHDO funds. ARI submitted a proposal for Support Funds in response to the NOFA to explore the development of a HUD funded Senior Housing Development or a multi-family, market rate development that would include units for persons with http://www.cfwnet.org/councll_packet/Reports/mc_print.asp 9/30/2004 Page 2 of 2 disabilities. ARI is in the process of locating an appropriate property site for this proposed development. ARI's mission is to develop quality, accessible housing that is affordable to persons with disabilities. HOME rules require that in two years of receipt of CHDO Support Funds, the CHDO is to submit a request for CHDO Program Funds to undertake the planned housing development activity. The above recommendations were approved by the Housing and Workforce Development Committee at its May 18, 2004 meeting. ARI serves all Council Districts. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that that funds are available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 539120 005206772510 $13,936.06 GR76 539120 005206772020 $13,936.06 GR76 539120 005206846510 36_06194 GR76 539120 005206846020 $36,063.94 Submitted for City Manager's Office by: Reid Rector (6140) Ori inating Department Head_ Jerome Walker (7537) Additional Information Contact: Charles Cumby (7337) ittp://www.cf,Amet.ora/council_packet/Reports/mc_print.asp 9/30/2004