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CONTRACT N0.
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 the Tarrant County Housing Partnership, Inc. (hereafter
"CHDO"), a Texas non-profit corporation. City and CHDO may be referred to
individually as a"Party" and jointly as "the Parties".
The Parties state as follows:
WHEREAS, City has received a grant from the United States Department of
Housing and Urban Development through the HOME Investment Partnerships Program,
Catalog of Federal Domestic Assistance No. 14.239, with which City desires to promote
activities that expand the supply of affordable housing and the development of
partnerships among City, local governments, local lenders, private industry and
neighborhood-based nonprofit housing organizations;
WHEREAS, the primary purpose of the 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. and the HOME Investment
Partnerships Program Final Rule, as amended, 24 CFR Part 92 et seq. is to benefit low
income citizens by providing them with affordable housing;
WHEREAS, a portion of City's HOME funds are reserved for the use of certain
housing development entities that qualify under the HOME Regulations as a Community
Housing Development Organization or CHDO;
WHEREAS, CHDO is a Texas non-profit corporation managed by a volunteer
Board of Directors working to increase the number of quality, accessible, and affordable
ownership housing units available to low and moderate income persons and families and
has fulfilled the requirements of the HOME Program to be a Community Housing
Development Organization;
WHEREAS, City has certified that CHDO is a Community Housing Development
Organization;
WHEREAS, City has provided HOME CHDO funds to CHDO to construct single
family houses for sale to low to moderate income homebuyers;
WHEREAS, City has awarded operating funds to CHDO for the purpose of
assisting CHDO's efforts to develop and maintain its operating capacity to expand the
production of affordable single family houses through new construction activities; and
WHEREAS, City citizens and the City Council have determined that the
development of quality, accessible, affordable housing is needed for moderate, low, and
very low-income City citizens.
OFFICIAL RECORD
CHDO OPERATING FUNDS CONTRACT CITY SECRETARY Rev. 7-23-15
Tarrant County Housing PartnershipFT. WORTH} TXPage 1
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 CHDO hereby agree that the recitals set forth above are true and correct
and form the basis upon which the Parties have entered into this Contract.
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:
Act means 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.
Business Diversity Enterprise Ordinance or BDE means the City's Business Diversity
Ordinance, Ordinance No. 20020-12-2011.
Complete Documentation means the following documentation as applicable:
• Attachments I and II, with supporting documentation as follows:
o Proof of expense: copies of timesheets, invoices, leases, service contracts
or other documentation showing the nature of the cost and that payment is
due by CHDO.
o Proof of payment: cancelled checks, bank statements, or wire transfers
necessary to demonstrate that amounts due by CHDO were actually paid
by CHDO.
• Other documentation: (i) documentation showing compliance with BDE or
DBE bidding process for procurement or Contract activities, if applicable; (ii)
proof of contractor, subcontractor or vendor eligibility as described in Section
6.6; and (iii) any documents or records reasonably necessary to verify costs.
• Complete Documentation shall meet the standards described in the attached
Exhibit "F" - Documentation Standards.
Community Housing Development Organization or CHDO means, as defined in 24
CFR 92.2 as amended from time to time, a private non-profit organization, that:
(1) Is organized under State or local laws;
(2) Has no part of its net earnings inuring to the benefit of any member, founder,
contributor, or individual;
CHDO OPERATING FUNDS CONTRACT Rev.07-23-15
Tarrant County Housing Partnership, Inc. Page 2
(3) Is neither controlled by, nor under the direction of, individuals or entities
seeking to derive profit or gain from the organization. A CHDO may be
sponsored or created by a for-profit entity, but:
(i) The for-profit entity may not be an entity whose primary purpose is the
development or management of housing, such as a builder, developer,
or real estate management firm;
(ii) The for-profit entity may not have the right to appoint more than one-
third of the membership of the organization's governing body, and
board members appointed by the for-profit entity may not appoint the
remaining two-thirds of the board members; and
(iii) The CHDO must be free to contract for goods and services from
vendors of its own choosing; and
(iv)The officers and employees of the for-profit entity may not be officers
or employees of the CHDO.
(4) Has a tax exemption ruling from the Internal Revenue Service under section
501(c) (3) or (4) of the Internal Revenue Code of 1986 (26 CFR 1.501(c)(3)-
1), is classified as a subordinate of a central organization non-profit under
section 905 of the Internal Revenue Code of 1986, or if the private nonprofit
organization is an wholly owned entity that is disregarded as an entity separate
from its owner for tax purposes (e.g., a single member limited liability
company that is wholly owned by an organization that qualifies as tax-
exempt), the owner organization has a tax exemption ruling from the Internal
Revenue Service under section 501(c)(3) or (4) of the Internal Revenue Code
of 1986 and meets the definition of a CHDO;
(5) Is not a governmental entity (including the participating jurisdiction, other
jurisdiction, Indian tribe, public housing authority, Indian housing authority,
housing finance agency, or redevelopment authority) and is not controlled by
a governmental entity. An organization that is created by a governmental
entity may qualify as a CHDO; however, the governmental entity may not
have the right to appoint more than one-third of the membership of the
organization's governing body and no more than one-third of the board
members may be public officials or employees of the governmental entity.
Board members appointed by a governmental entity may not appoint the
remaining two-thirds of the board members. The officers or employees of a
governmental entity may not be officers or employees of a CHDO;
(6) Has standards of financial accountability that conform to 24 CFR 84.21
"Standards for Financial Management Systems";
(7) Has among its purposes the provision of decent housing that is affordable to
low-income and moderate-income persons, as evidenced in its charter, articles
of incorporation, resolutions, or by laws;
(8) Maintains accountability to low-income community residents by:
(i) Maintaining at least one-third of its governing board's membership for
residents of low-income neighborhoods, other low-income community
residents, or elected representative of low-income neighborhood
organizations. For urban areas, "community" may be a neighborhood
or neighborhoods, city, county or metropolitan area; for rural areas, it
CHDO OPERATING FUNDS CONTRACT Rev. 07-23-15
Tarrant County Housing Partnership, Inc. Page 3
may be a neighborhood or neighborhoods, town, village, county, or
multi-county area (but not the entire State); and
(ii) Providing a formal process for low-income-program beneficiaries to
advise the organization in its decisions regarding the design, siting,
development, and management of affordable housing;
(9) Has a demonstrated capacity for carrying out activities assisted with HOME
funds. A designated organization undertaking development activities as a
developer or sponsor must satisfy this requirement by having paid employees
with housing development experience who will work on projects assisted with
HOME funds. For its first year of funding as a CHDO, an organization may
satisfy this requirement through a contract with a consultant who has housing
development experience to train appropriate key staff of the organization. An
organization that will own housing must demonstrate capacity to act as owner
of a project and meet the requirements of § 92.300(a)(2). A nonprofit
organization does not meet the test of demonstrated capacity based on any
person who is a volunteer or whose services are donated by another
organization; and
(10) Has a history of serving the community within which housing to be assisted
with HOME funds is to be located. In general, an organization must be able
to show one year of serving the community before HOME funds are reserved
for the organization. However, a newly created organization formed by local
churches, service organizations or neighborhood organizations may meet this
requirement by demonstrating that its parent organization has at least a year of
serving the community.
Construction Contracts means collectively City Secretary Contract No. 45056 for 1116
E Allen, No. 45057 for 923 E Allen, No. 45058 for 1113 E Baltimore, and No. 45059 for
1203 E Allen between City and CHDO for the construction of single family houses.
DBE means disadvantaged business enterprise in accordance with 49 CFR Part 26.
Director means the Director of the City's Neighborhood Services Department.
Effective Date means October 1, 2014.
Neighborhood Services Department means the City's Neighborhood Services
Department (a portion of which was part of the City's Housing and Economic
Development Department which has now been dissolved).
HOME means the HOME Investment Partnerships Program.
HOME CHDO Operating Funds means the HOME Program grant funds supplied by
City to CHDO under the terms of this Contract.
HOME Regulations means the HOME Investment Partnerships Program Final Rule
found at 24 CFR Part 92 et seq.
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HUD means the United States Department of Housing and Urban Development.
IDIS means HUD's Integrated Disbursement Information System.
Reimbursement Request means all reports and other documentation described in
Section 10.
3. TERM.
The term of this Contract commences on the Effective Date and terminates in 1
year unless earlier terminated as provided in this Contract.
4. DUTIES AND RESPONSIBILITIES OF CITY.
4.1 Provide HOME CHDO Operating Funds.
City shall provide up to $50,000.00 of HOME CHDO Operating Funds for
eligible administration and operating expenses relating to the production of affordable
single family houses.
4.1.1 Eligible Expenses.
Eligible administration and operating expenses under this Contract shall be
limited to (i) salaries, wages and other employee compensation and benefits; (ii) job-
related education, training and travel expenses for employees; (iii) rent, utilities, taxes
and insurance; and (iv) equipment, materials and supplies as further described on Exhibit
"B"—Budget.
4.2 City Will Monitor.
City will monitor the activities and performance of CHDO and any of its
contractors, subcontractors or vendors annually as required by 24 CFR Part 92.504.
5. CHDO OBLIGATIONS.
5.1. Operate CHDO to Maintain CHDO Certification.
CHDO shall conduct its operations in such a manner as to maintain its status as a
CHDO throughout the term of this Contract.
5.2 Use of HOME CHDO Operating Funds.
5.2.1 Costs in Compliance with HOME Regulations and Contract.
CHDO shall use the HOME CHDO Operating Funds to operate the CHDO as set
forth herein. CHDO shall be reimbursed for eligible operating costs with HOME CHDO
Operating Funds only if City determines in its sole discretion that:
5.2.1.1 Costs are eligible expenditures in accordance with HOME
Regulations.
5.2.1.2 Costs are in compliance with this Contract and are reasonable
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and consistent with industry norms.
5.2.1.3 Complete Documentation, as applicable, is submitted by
CHDO.
5.2.2 Budget.
CHDO agrees that the HOME CHDO Operating Funds will be paid on a
reimbursement basis in accordance with Exhibit "B" —Budget and Exhibit "C" —
Reimbursement Schedule. CHDO may increase or decrease line-item amounts in the
Budget with the Director's prior written approval, which approval shall be in the
Director's sole discretion, so long as the expenses are in compliance with 5.2.1, comply
with Exhibit "A" — CHDO Operating Expense Summary, and the total amount of
HOME CHDO Operating Funds is not increased.
5.2.3 Change in HOME CHDO Operating Funds Budget.
5.2.3.1 CHDO will notify City promptly of any additional funds it
receives for operating expenses, and City reserves the right to
amend this Contract in such instances to ensure compliance
with HUD regulations governing cost allocation.
5.2.3.2 CHDO agrees to utilize the HOME CHDO Operating Funds to
supplement rather than supplant funds.
5.3 _Payment of HOME CHDO Operating Funds to CHDO.
HOME CHDO Operating Funds will be disbursed to CHDO upon City's approval
of CHDO's written and signed Reimbursement Requests, including submission of
Complete Documentation to City in compliance with Section 10. It is expressly agreed
by the Parties that any HOME CHDO Operating Funds not reimbursed to CHDO under
the terms of this Contract shall remain with City.
5.4 Identify Expenses Paid with HOME CHDO Operating Funds.
CHDO will keep accounts and records in such a manner that City may readily
identify and account for expenses reimbursed with HOME CHDO Operating Funds.
These records shall be made available to City for audit purposes and shall be retained as
required hereunder.
5.5 CHDO Certification.
5.5.1. Meet CHDO Requirements.
By the execution of this Contract, CHDO represents that it meets the requirements
for designation as a CHDO set forth in 24 CFR 92.2.
5.5.2 Report on CHDO Status.
CHDO has a continuing duty to provide City with any documentation or
information in regard to any change in its status as a CHDO or as a 501(c)(3) tax exempt
entity within 10 business days of said change. CHDO shall provide an annual board
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roster and proof of its continued status as a CHDO to City by January 30" of each year.
CHDO shall replace any board member who resigns or is otherwise no longer able to
serve within 3 months of the vacancy. The failure of CHDO to maintain its status as a
CHDO shall result in the termination of this Contract and return of all HOME CHDO
Operating Funds to City.
6. INTENTIONALLY DELETED.
7. INTENTIONALLY DELETED.
8. ADDITIONAL HOME REQUIREMENTS.
CHDO agrees to comply with all requirements of the HOME Program as stated in
the HOME Regulations, including, but not limited to the following:
8.1 Environmental Review.
HOME CHDO Operating Funds will not be paid and costs cannot be incurred
until City has conducted and completed an Environmental Review Record as required by
24 CFR Part 58.
8.1.1 Contract Not Constituting Commitment of Funds.
Notwithstanding any provision of this Contract, the Parties agree and
acknowledge that this Contract does not constitute a commitment of HOME CHDO
Operating Funds, and that such commitment 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.
8.2. Monitoring.
8.2.1 CHDO understands and agrees that it will be subject to monitoring by City
for compliance with the HOME Regulations until the project is closed in IDIS and for 5
years after completion of the Contract. CHDO will provide reports and access to project
files as requested by City during the term of the Contract and for 5 years after the project
is closed in IDIS.
8.2.2 Representatives of City, HUD and the United States Comptroller General
shall have access during regular business hours upon 48 hours' prior notice to CHDO's
offices and records that are related to the use of the HOME CHDO Operating Funds, and
to its officers, directors, agents, employees, contractors, subcontractors and vendors for
the purpose of such monitoring.
8.2.3 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
CHDO's compliance with the terms and conditions of this Contract. After each
monitoring visit, City shall provide CHDO with a written report of the monitor's
findings. If the monitoring report notes deficiencies in CHDO's performance, the report
shall include requirements for the timely correction of said deficiencies by CHDO.
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Failure by CHDO to take the action specified in the monitoring report may be cause for
suspension or termination of this Contract as provided herein, or repayment of the funds
disbursed under this Contract.
8.2.4 This Section 8.2 shall be applicable for the duration of the Contract term
and for 5 years thereafter and shall survive the earlier termination or expiration of this
Contract.
8.3 CHDO Procurement Standards.
CHDO shall ensure that procurement of materials and services is done in a cost
effective manner. CHDO shall comply with all applicable Federal, state and local laws,
regulations, and ordinances for making procurements under this Contract.
8.4 Terms Applicable to Contractors, Subcontractors and Vendors.
CHDO understands and agrees that all terms of this Contract, whether regulatory
or otherwise, shall apply to any and all contractors, subcontractors and vendors of CHDO
which are in any way paid with HOME CHDO Operating Funds. CHDO 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 its obligations hereunder, including its
obligations regarding the HOME Requirements and the HOME Regulations. CHDO
shall monitor the services and work performed by its contractors, subcontractors and
vendors on a regular basis for compliance with the HOME Requirements, the HOME
Regulations and Contract provisions. CHDO is responsible to cure all violations of the
HOME Regulations committed by its contractors, subcontractors or vendors. City
maintains the right to insist on CHDO's full compliance with the terms of this Contract
and the HOME Regulations and CHDO is responsible for such compliance regardless of
whether actions to fulfill the requirements of this Contract or the HOME Regulations are
taken by CHDO or by CHDO's contractors, subcontractors or vendors. CHDO
acknowledges that the provisions of this Section shall survive the earlier termination or
expiration of this Contract and be applicable for 5 years after the termination of this
Contract.
9. RECORD KEEPING, REPORTING AND DOCUMENTATION
REQUIREMENTS, RIGHT TO AUDIT.
9.1 Record Kecping.
CHDO 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, CHDO will keep or cause to be kept an accurate record of
all actions taken and all funds spent, with supporting and back-up documentation.
CHDO will maintain all records and documentation related to this Contract for 5 years
after the Contract terminates. If any claim, litigation, or audit is initiated before the
expiration of the 5 year period, the relevant records and documentation must be retained
until all such claims, litigation or audits have been resolved.
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9.1.2 Access to Records.
Representatives of City and HUD and any duly authorized officials of the Federal
government will have full access to, and the right to examine, audit, excerpt and/or
transcribe any of CHDO's records pertaining to all matters covered by this Contract for 5
years after the Contract terminates. Such access shall be during regular business hours
and upon at least 48 hours prior notice.
9.2 Reports.
CHDO will submit to City all reports and documentation described in this
Contract in such form as City may prescribe. CHDO may also be required to submit a
final performance and/or final financial report if required by City at the termination of
this Contract and/or the end of the Loan in such form and within such times as City may
prescribe. Failure to submit any report or documentation described in this Contract to
City shall be an event of default of this Contract and City may exercise all of it remedies
for default under this Contract.
9.2.1 Additional Information.
CHDO shall provide City with additional information as may be required by state
or Federal agencies to substantiate HOME Program activities and /or project expenditure
eligibility.
9.3 Change in Reporting Requirements and Forms.
City retains the right to change reporting requirements and forms at its discretion.
City will notify CHDO in writing at least 30 days prior to the effective date of such
change, and the Parties shall execute an amendment to the Contract reflecting such
change if necessary.
9.4 City Reserves the Right to Audit.
City reserves the right to perform an audit of CHDO's project operations and
finances at any time during the term of this Contract or for 5 years after the Contract
terminates, if City determines that such audit is necessary for City's compliance with the
HOME Regulations or other City policies, and CHDO 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
CHDO 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
other contract with CHDO. IF AS A RESULT OF ANY AUDIT IT IS
DETERMINED THAT CHDO HAS FALSIFIED ANY DOCUMENTATION OR
MISUSED, MISAPPLIED OR MISAPPROPRIATED HOME CHDO
OPERATING FUNDS OR SPENT HOME CHDO OPERATING FUNDS ON ANY
INELIGIBLE ACTIVITIES, CHDO 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.
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10. REIMBURSEMENT REQUIREMENTS.
CHDO shall provide City with Complete Documentation and the following
reports as shown in Exhibit "E" — Reimbursement Forms with each Reimbursement
Request:
10.1 Attachment I—Invoice.
This report shall contain the amount requested for reimbursement in the submitted
request, and the cumulative reimbursement requested to date (inclusive of the current
request). This report must be signed by an authorized signatory of CHDO. By signing
Attachment I, CHDO is certifying that the costs are valid, eligible, and consistent with
the terms and conditions of this Contract, and the data contained in the report is true and
correct.
10.2 Attachment II—Expenditure Worksheet.
This report shall itemize each expense such that Complete Documentation
matches each line item requested for reimbursement by CHDO. In order for this report to
be complete the following must be submitted:
10.2.1 Proof that each expense was paid by CHDO, which proof can be
satisfied by cancelled checks, wire transfer documentation, paid receipts or other
appropriate banking documentation.
10.3. Deadline for Submitting Reimbursement Requests.
All Reimbursement Requests along with Complete Documentation shall be
submitted by CHDO to City within 30 days from each of the deadlines as shown in
Exhibit "C"—Reimbursement Schedule.
10.4 Withholding Payment.
10.4.1 CITY SHALL WITHHOLD PAYMENTS REQUESTED UNDER
THIS CONTRACT IF COMPLETE DOCUMENTATION IS NOT RECEIVED.
10.4.2 CITY SHALL HAVE NO OBLIGATION TO MAKE PAYMENT
ON ANY REIMBURSEMENT REQUEST THAT IS NOT RECEIVED WITHIN 60
DAYS OF THE DEADLINES SHOWN IN EXHIBIT "C" —REIMBURSEMENT
SCHEDULE. In addition, CHDO's failure to timely submit Reimbursement
Requests and Complete Documentation along with any required reports shall be an
event of default.
10.5 Timing of Payment.
Provided that CHDO submits Complete Documentation to the Director in
conformance with this Contract, City will reimburse CHDO for eligible expenses within
30 calendar days.
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11. DEFAULT AND TERMINATION.
11.1 Failure to Maintain or Submit Required Reports and
Documentation.
If CHDO fails to maintain all records and documentation as required in Section 9,
or fails to submit any report or documentation required by this Contract, or if the
submitted report or documentation is not in compliance with this Contract or the HOME
Regulations as determined by City in its sole discretion, City will notify CHDO in
writing and CHDO will have 30 calendar days from the date of the written notice to
obtain or recreate the missing records or documentation, or submit or resubmit any such
report or documentation to City. If CHDO fails to maintain the required reports or
documentation, or 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.
11.2 In General.
11.2.1 Subject to Section 11.1, and unless specifically provided otherwise in
this Contract, CHDO shall be in default under this Contract if CHDO breaches any term
or condition of this Contract. In the event that such a breach remains uncured after 30
calendar days following written notice by City (or such other notice period as may be
specified herein), or if CHDO 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, in City's sole discretion, to (i) extend CHDO's time to cure, (ii) terminate
this Contract effective immediately upon written notice of such intent to CHDO. City's
remedies may include:
11.2.1.1 Direct CHDO to prepare and follow a schedule of actions
for carrying out the affected activities, consisting of
schedules, timetables and milestones necessary to
implement the affected activities.
11.2.1.2 Direct CHDO to establish and follow a management plan
that assigns responsibilities for carrying out the remedial
activities.
11.2.1.3 Cancel or revise activities likely to be affected by the
performance deficiency, before expending HOME CHDO
Operating Funds for the activities.
11.2.1.4 Reprogram HOME CHDO Operating Funds that have not
yet been expended from affected activities to other eligible
activities or withhold HOME CHDO Operating Funds.
11.2.1.5 Direct CHDO to reimburse City in any amount of HOME
not used in accordance with the
CHDO Operating Funds
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HOME Regulations.
11.2.1.6 Suspend reimbursement of HOME CHDO Operating Funds
for affected activities.
11.2.1.7 Any other appropriate action including but not limited to
any remedial action legally available such as declaratory
judgment, specific performance, damages, temporary or
permanent injunctions, termination of this Contract or any
other contracts with CHDO, including but not limited to the
Construction Contracts and any other available remedies.
11.2.2 In the event of termination under this Section 11.2, all HOME CHDO
Operating Funds awarded but unpaid to CHDO pursuant to this Contract shall be
immediately rescinded and CHDO shall have no further right to such.
11.3 No Funds Disbursed while in Breach.
CHDO understands and agrees that no HOME CHDO Operating Funds will be
paid to CHDO until all defaults are cured to the satisfaction of City.
11.4 No Compensation After Date of Termination.
CHDO shall not receive any HOME CHDO Operating Funds for work undertaken
after the date of termination.
11.5 Rights of City Not Affected.
Termination shall not affect or terminate any of the existing rights of City against
CHDO, or which may thereafter accrue because of such default, and this provision shall
be in addition to any and all other rights and remedies available to City under the law.
Such termination does not terminate any applicable provisions of this Contract that have
been expressly noted as surviving the term or termination of this Contract. No delay or
omission by City in exercising any right or remedy available to it under this Contract
shall impair any such right or remedy or constitute a waiver or acquiescence in any
CHDO default.
11.6 Waiver of Breach Not Waiver of Subsequent Breach.
The waiver of a default or 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.
11.7 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.
11.8 Termination for Cause.
11.8.1 CHDO's uncured breach or default under the Construction Contracts
shall be cause for City to terminate this Contract automatically. In the event City
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terminates this Contract for cause under this Section 11.8.1, all HOME CHDO Operating
Funds awarded but unpaid to CHDO pursuant to this Contract shall be immediately
rescinded and CHDO shall have no further right to such funds. CHDO
ACKNOWLEDGES AND AGREES THAT IF CITY TERMINATES THIS
CONTRACT FOR CAUSE, CHDO OR ANY OF ITS AFFILIATES SHALL NOT
BE CONSIDERED FOR ANY OTHER CITY CONTRACT FOR HOME FUNDS
FOR A MINIMUM OF 5 YEARS FROM THE DATE OF TERMINATION.
11.8.2 CHDO may terminate this Contract if City does not provide the
HOME CHDO Operating Funds substantially in accordance with this Contract.
11.9 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:
11.9.1 By City with the consent of CHDO 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
11.9.2 By CHDO upon at least 30 days written notice to City setting forth the
reasons for such termination, the effective date, and in the case of partial termination, the
portion to be terminated. In the case of a partial termination, if City determines in its sole
discretion that the remaining portion of the Contract to be performed or HOME CHDO
Operating Funds to be spent will not accomplish the purposes for which the Contract was
made City may terminate the Contract in its entirety.
11.10 Dissolution of CHDO or Loss of CHDO Certification Terminates
Contract.
This Contract shall automatically terminate in the event CHDO is dissolved,
ceases to exist or loses its CHDO certification or status.
12. INTENTIONALLY DELETED.
13. MATERIAL OWNERSHIP CHANGE.
If ownership of CHDO 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 CHDO and failure to make such determination
will constitute a waiver. In the event of termination under this Section 13, all HOME
CHDO Operating Funds awarded but not yet paid to CHDO pursuant to this Contract
shall be immediately rescinded and CHDO shall have no further right to such funds.
14. GENERAL PROVISIONS
14.1 CHDO an Independent Contractor.
CHDO shall operate hereunder as an independent contractor and not as an officer,
agent, servant or employee- of City. HDO shall have exclusive control of, and the
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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, subcontractors, vendors,
tenants, licensees or invitees.
14.2 Doctrine of Respondeat Superior.
The doctrine of respondeat superior shall not apply as between City and CHDO,
its officers, members, agents, servants, employees, contractors, subcontractors, vendors,
tenants, licensees or invitees, and nothing herein shall be construed as creating a
partnership or joint enterprise between City and CHDO. City does not have the legal
right to control the details of the tasks performed hereunder by CHDO, its officers,
members, agents, employees, contractors, subcontractors, vendors, tenants, licensees or
invitees.
14.3 CHDO Property.
City shall under no circumstances be responsible for any property belonging to
CHDO, its officers, members, agents, employees, contractors, subcontractors, vendors,
tenants, licensees or invitees that may be lost, stolen or destroyed or in any way damaged
and CHDO 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.
14.4 Religious Organization.
No portion of the HOME CHDO Operating Funds shall be used in support of any
sectarian or religious activity. In addition, there must be no religious or membership
criteria for buyers of a HOME-funded property.
14.5 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.
14.6 Governing Law.
This Contract shall be government by and construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, arises
out of the execution, performance or non-performance of this Contract or on the basis of
any provision herein, for any issue not governed by Federal law, the choice of law shall
be the laws of the State of Texas.
14.7 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
matter thereof, such invalidity shall not affect other provisions which can be given effect
without the invalid provision.
CHDO OPERATING FUNDS CONTRACT Rev. 07-23-15
Tarrant County Housing Partnership, Inc. Page 14
14.8 Written Agreement Entire Agreement.
This written instrument and the Exhibits, Attachments and Addendums attached
hereto, which are incorporated by reference and made a part of this Contract for all
purposes, constitutes the entire agreement by the Parties 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 executed by the Parties.
14.9 Paragraph Headings for Reference Only, No Legal Significance;
Number and Gender.
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. When context requires, singular nouns and pronouns include the plural and the
masculine gender shall be deemed to include the feminine or neuter and the neuter gender
to include the masculine and feminine. The words "include" and "including" whenever
used herein shall be deemed to be followed by the words "without limitation".
14.10 Compliance With All Applicable Laws and Regulations.
CHDO 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.
Those laws include, but are not limited to:
➢ HOME Investment Partnership Act as set out above
➢ Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.)
including provisions requiring recipients of Federal assistance to ensure
meaningful access by person of limited English proficiency
➢ 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.),
related Executive Order 11738 and Environmental Protection Agency
Regulations at 40 CFR Part 15. 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
CHDO OPERATING FUNDS CONTRACT Rev. 07-23-15
Tarrant County Housing Partnership, Inc. Page 15
➢ 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
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
➢ Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act
➢ Guidelines of the Environmental Protection Agency at 40 CFR Part 247
➢ For contracts and subgrants for construction or repair, Copeland "Anti-
Kickback"Act (18 U.S.C. 874) as supplemented in 29 CFR Part 5
➢ For construction contracts in excess of $2,000, and in excess of $2,500 for
other contracts which involve the employment of mechanics or laborers,
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act
(40 U.S.C. 327A 300) as supplemented by 29 CFR Part 5
➢ Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as
amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4851 et seq.) and implementing regulations at 24 CFR Part 35,
subparts A, B, M, and R
➢ Regulations at 24 CFR Part 92, HOME Investment Partnerships Program
Final Rule
14.11 INTENTIONALLY DELETED.
14.12 Prohibition Allainst Discrimination.
14.12.1 General Statement.
CHDO, in the execution, performance or attempted performance of this 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. CHDO 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 CHDO permit its
officers, members, agents, employees, vendors 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 111, Division 3 - Employment Practices of the
City Code, and CHDO hereby covenants and agrees that CHDO, .its'•officers, members,
CHDO OPERATING FUNDS CONTRACT Rev. 07-23-15
Tarrant County Housing Partnership, Inc. Page 16
agents, employees, vendors 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,
vendors or contractors.
14.12.2 No Discrimination in Employment during the Performance of this
Contract.
CHDO agrees to the following provision during the performance of this Contract,
and will require that its contractors, subcontractors and vendors also comply with such
provision by including it in all contracts with its contractors, subcontractors or vendors
using CHDO Operating Funds:
[Contractor's, Subcontractor's or Vendor's Same l 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, Subcontractor's or Vendors Name] 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. [Contractor's or Subcontractor'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, Subcontractor's or Vendor's Name] will, in all solicitations or
advertisements for employees placed by or on behalf of _[Contractor's,
Subcontractor's or Vendor'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, Subcontractor's or Vendor's Name] covenants that neither it
nor any of its officers, members, agents, employees, 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 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.
CHDO OPERATING FUNDS CONTRACT Rev. 07-23-15
Tarrant County Housing Partnership, Inc. Page 17
[Contractor's, Subcontractor's or Vendor's Name] _ further covenants that
neither it nor its officers, members, agents, employees, contractors, 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.
14.12.3 CHDO's Contractors and ADA.
In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), CHDO 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 CHDO or any of its contractors. CHDO
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, CONTRACTORS, SUBCONTRACTORS OR VENDORS
AGAINST CITY ARISING OUT OF CHDO'S AND/OR ITS CONTRACTORS',
SUBCONTRACTORS', VENDORS', AGENTS' OR EMPLOYEES' ALLEGED
FAILURE TO COMPLY WITH THE ABOVE-REFERENCED LAWS
CONCERNING DISABILITY DISCRIMINATION IN THE PERFORMANCE OF
THIS CONTRACT.
14.13. Prohibition Against Interest/Conflict of Interest.
14.13.1 CHDO 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. CHDO shall
disclose to City any conflict of interest or potential conflict of interest described above,
immediately upon discovery of such.
14.13.2 No persons who are employees, agents, consultants, officers or elected
officials or appointed officials of City or of CHDO who exercise or have 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 occupy a HOME-assisted housing unit, 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 1 year thereafter, unless they are accepted in accordance with the procedures set
forth at 24 C.F.R. Part 92.356.
14.13.3 CHDO affirms that it will adhere to the provisions of the Texas Penal
Code which prohibits bribery and gifts to public servants.
CHDO OPERATING FUNDS CONTRACT Rev. 07-23-15
Tarrant County Housing Partnership, Inc. Page 18
14.13.4 If applicable, the conflict of interest provisions of 24 CFR Part 85.36
and 24 CFR Part 84.42, respectively, shall apply in the procurement of property and
services by CHDO. In all cases not governed by those sections, the provisions of 24 CFR
Part 92.356 of the HOME Regulations shall apply.
14.14 INTENTIONALLY DELETED.
14.15 Subcontracting with Small and Minority Firms, Women's
Business Enterprises.
14.15.1 For procurement contracts $50,000.00 or larger, CHDO agrees to
abide by City's policy to involve Minority Business Enterprises and Small Business
Enterprises 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. CHDO agrees to incorporate the City's
BIDE Ordinance, and all amendments or successor policies or ordinances thereto, into all
contracts and subcontracts for procurement $50,000.00 or larger, and will further require
all persons or entities with which it so contracts to comply with said ordinance.
14.15.2 It is national policy to award a fair share of contracts to disadvantaged
business enterprises ("DBEs"), small business enterprises ("SBEs"), minority business
enterprises ("MBEs"), and women's business enterprises ("WBEs"). Accordingly,
affirmative steps must be taken to assure that DBEs, SBEs, MBEs, and WBEs are utilized
when possible as sources of supplies, equipment, construction and services.
14.16 Other Laws.
The failure to list any Federal, state or City ordinance, law or regulation that is
applicable to CHDO does not excuse or relieve CHDO from the requirements or
responsibilities in regard to following the law, nor from the consequences or penalties for
CHDO's failure to follow the law, if applicable.
14.17 Assignment.
CHDO 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.
14.18 Right to Inspect CHDO Contracts.
It is agreed that City has the right to inspect and approve in writing any proposed
contracts between CHDO, and (i) its general contractor and subcontractors, including any
lower tier subcontractors engaged in any activity that is funded as part of the construction
of the Required Improvements, (ii) any vendor contracts arising out of the sale of the
Required Improvements, and (iii) any third party contracts to be paid with HOME CHDO
Operating Funds, prior to any charges being incurred under any such contracts.
14.19 Force Maieure.
If CHDO becomes unable, either in whole or part, to fulfill its obligations under
this Contract due to-acts-of God,,sirike3, lockouts, or other industrial disturbances, acts of
CHDO OPERATING FUNDS CONTRACT Rev.07-23-15
Tarrant County Housing Partnership, Inc. Page 19
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 CHDO'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 and the completion date for such obligations shall be extended for a like
period. CHDO 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.
Failure to give notice will result in the continuance of CHDO's obligation regardless of
the extent of any existing Force Majeure Event. CHDO will use commercially
reasonable efforts to remedy its inability to perform as soon as possible.
14.20 Survival.
Any provision of this Contract that pertains to HOME Regulations, auditing,
monitoring, record keeping and reports, City ordinances, the provisions of Section 6.6
pertaining to the Federal System Award Management, or any other HOME Program
requirements, and any default and enforcement provisions necessary to enforce such
provisions, shall survive the termination of this Contract for 5 years after the termination
date and shall be enforceable by City against CHDO.
15. INDEMNIFICATION AND RELEASE.
CHDO 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 CHDO 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 PROJECT DESCRIBED HEREIN,
WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
'CONTRACTORS OR,
:�3i�TI2ACTORS OF CITY. �C';�Ii30 LIKE'W'ISE
CHDO OPERATING FUNDS CONTRACT Rev. 07-23-15
Tarrant County Housing Partnership, Inc. Page 20
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 CHDO, 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 CHDO AND
CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES
INDEMNITY BY CHDO 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.
CHDO 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.
CHDO 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.
16. WAIVER OF IMMUNITY BY CHDO.
If CHDO, 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, CHDO 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.
17. INSURANCE AND BONDING.
CHDO will maintain coverage in the form of insurance or bond in the amount of
$50,000.00 to insure against loss from the fraud, theft or dishonesty of any of CHDO's
officers, agents, trustees, directors or employees. The proceeds of such insurance or bond
shall be used to reimburse City for any and all loss of HOME CHDO Operating Funds
occasioned by such misconduct. To effectuate such reimbursement, such fidelity
coverage shall inclu& a=:idcr stating that reimbursement for any`-b6Ss'or los§t� §iiail'iiame
CHDO OPERATING FUNDS CONTRACT Rev. 07-23-15
Tarrant County Housing Partnership, Inc. Page 21
the City as a Loss Payee.
CHDO shall furnish to City, in a timely manner, but not later than 10 days after
the Effective Date, certificates of insurance as proof that it has secured and paid for
policies of commercial insurance as specified herein. If City has not received such
certificates as set forth herein, CHDO shall be in default of the Contract and City may at
its option, terminate the Contract.
Such insurance shall cover all insurable risks incident to or in connection with the
execution, performance, attempted performance or nonperformance of this Contract.
CHDO shall maintain, or require its general contractor to maintain, the following
coverages and limits thereof:
Commercial General Liability(CGL) Insurance
$1,000,000 each occurrence
$2,000,000 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"defined as autos owned,
hired and non-owned. 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 CHDO'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.
CHDO or its contractors shall maintain coverages, if applicable. In the event the
respective contractors do not maintain coverage, CHDO shall maintain the
coverage on such contractor, if applicable, for each applicable contract.
Additional Requirements
Such insurance amounts shall be revised upward at City's reasonable option and no more
frequently than once every 12 months, and CHDO shall revise such amounts within 30
days following notice to CHDO of such requirements.
CHDO OPERATING FUNDS CONTRACT Rev.07-23-15
Tarrant County Housing Partnership, Inc. Page 22
CHDO will submit to City documentation that it, and its general contractor, have
obtained insurance coverage and have executed bonds as required in this Contract prior to
payment of any monies provided hereunder.
Where applicable, 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 CHDO'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 project, and such requirements exceed those specified herein, the
former shall prevail.
CHDO shall require its contractors to maintain applicable insurance coverages, limits,
and other requirements as those specified herein; and, CHDO shall require its contractors
to provide CHDO with certificate(s) of insurance documenting such coverage. Also,
CHDO shall require its contractors to have City and CHDO endorsed as additional
insured (as their interest may appear) on their respective insurance policies.
Directors and Officers Liability or Professional Liability coverage shall be in force and
may be provided on a claims-made basis. This coverage may also be referred to as
Management Liability, and shall protect the insured against claims arising out of alleged
errors in judgment, breaches of duty and wrongful acts arising out of their management
duties. Coverage shall protect not only the entity, but all past, present and future
directors, officers, trustees, employees, volunteers and committee members.
18. CERTIFICATION REGARDING LOBBYING.
CHDO hereby certifies, to the best of its knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on
belial of CHDO, to any person i'or influencing or attempting to influence
CHDO OPERATING FUNDS CONTRACT Rev. 07-23-15
Tarrant County Housing Partnership, Inc. Page 23
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, CHDO 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.
CHDO shall require that the language of this certification be included in all
subcontracts or agreements involving the expenditure of Federal funds.
19. LITIGATION AND CLAIMS.
CHDO shall give City immediate notice in writing of any action, including any
proceeding before an administrative agency, filed against CHDO in conjunction with this
Contract or the project. CHDO shall furnish immediately to City copies of all pertinent
papers received by CHDO with respect to such action or claim. CHDO shall provide a
notice to City within 10 days upon filing under any bankruptcy or financial insolvency
provision of law.
20. NOTICE.
All notices required or permitted by this Contract must be in writing and shall be
effective upon receipt when (i) sent by U.S. Mail with proper postage, certified mail
return receipt requested or by a nationally recognized overnight delivery service; and (ii)
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.
Crtv:
City Attorney's Office
1000 Throckmorton Street
Fort Worth, TX 76102
Attention: Vicki S. Ganske
Telephone: 817-392-7765
CHDO OPERATING FUNDS CONTRACT Rev. 07-23-15
Tarrant County Housing Partnership, Inc. Page 24
Copy to:
Neighborhood Services Department
1000 Throckmorton Street
Fort Worth, TX 76102
Attention: Assistant Director
Telephone: 817-392-7540
Copy to:
Neighborhood Services Department
1000 Throckmorton Street
Fort Worth, TX 76102
Attention: Economic Development Specialist
Telephone: 817-392-7540
CHDO:
Tarrant County Housing Partnership, Inc.
3204 Collinsworth
Fort Worth, TX 76107
Attn: Donna VanNess, President
Telephone: 817-924-5091, ext. 110
21. CHDO HAS LEGAL AUTHORITY TO ENTER INTO CONTRACT.
CHDO 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.
22. 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 which may be
sufficiently evidenced by one counterpart.
[SIGNATURES APPEAR ON NEXT PAGE]
CHDO OPERATING FUNDS CONTRACT Rev. 07-23-15
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IN WITNESS WHEREOF, the Parties have executed 4 duplicate originals of
this Contract to be effective o ve Date.
�* 0 �
ATTEST: Y OF FORT WORTH
City Secret $° Fernando Costa, Assistant City Manager
M&C C-25531 Dated 3/2 01
y A
APP OVED AS JO A` GALITY:
Vicki Ganske, Senior Assistant City Attorney
TARRANT COUNTY HOUSING
PARTNERSHIP, INC., a Texas non- rofit
rporatio
By:
o ess, res' nt
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CHDO OPERATING FUNDS CONTRACT Rev. 07-23-15
Tarrant County Housing Partnership, Inc. Page 26
EXHIBITS:
Exhibit "A"—CHDO Operating Expense Summary
Exhibit"A-1"—2014-2015 Total Operating Budget
Exhibit "B"—Budget
Exhibit "C"—Reimbursement Schedule
Exhibit"D"—Audit Requirements
Exhibit"E"—Reimbursement Forms
Exhibit "F"—Documentation Standards
CHDO OPERATING FUNDS CONTRACT Rev. 07-23-15
Tarrant County Housing Partnership, Inc. Page 27
EXHIBIT "A"
CHDO OPERATING EXPENSE SUMMARY
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
Capitalized terms not defined herein shall have meanings assigned to them in the Contract.
DESCRIPTION:
CHDO will provide affordable housing production services under the terms, conditions,
requirements and responsibilities of the Contract. City will make available up to 550,000.00 of
HOME CHDO Operating Funds for the sole purpose of assisting CHDO's efforts to develop and
maintain its staff and operational capacity. The HOME CHDO Operating Funds shall be used
for the reasonable and necessary administrative and operational costs for CHDO consistent with
24 CFR 92.208, and will be restricted to the items listed in Exhibit "B" —Budget. CHDO shall
secure competent staff and take the necessary steps to implement an affordable housing program
within the terms of the Construction Contracts and this Contract. By accepting HOME CHDO
Operating Funds, CHDO maintains that it currently has a contract with City for an eligible
CHDO set-aside project or that it will have a project commitment no later than 24 months from
the date of this Contract.
CHDO's FY 2014-2015 Operating Budget is attached as Exhibit "A-1" — FY 2014-2015 Total
Operating Budget.
SPECIFIC PURPOSE:
CHDO will use operating funds for the administrative and operational expenses necessary to
operate the CHDO.
PROGRAM GOALS:
Provide for administration and operating activities related to the production of affordable
housing for sale to low to moderate income households earning at or below 80% of AMI.
CHDO Operating Contract—Exhibits Rev 07-20-15
Tarrant County Housing Partnership,Inc. Page 1
EXHIBIT 66A-1"
2014-2015 TOTAL OPERATING BUDGET
TA.RRANT COUNTY HOUSING PARTNERSHIP, INC.
Tarrant County Housing Partnership,Inc.
FY 15 Operating Budget Approved by the Board of Directors September 10,2014
GL Description FY15
4000 Program Income -
4010 Real Estate Commission 39,712
4030 Processing Fees 49,500
4040 Fundralsing&Donations 25,000
4050 Banks&Foundations 100,000
4101 Operating Grants and Government Contracts 280,000
4200 Developer Fees 264,672
4300 Real Estate Sales 383,000
4800 Management Fee Income 192,000
4650 Miscellaneous 1,000
TOTAL REVENUES $ 1,334,884
5000 Salaries 536,211
5010 Paryroll Taxes-55 33,245
5020 Paryoll Taxes-MC 7,775
5030 Payroll Taxes-5UTA 8,829
5040 Heath insurance 76,217
5050 Dental insurance 3,347
5100 Contract Services 12,600
5210 Consulting 3,000
5200 Audit 40,000
5220 Legal 5,000
5225 IT Services 21,168
5240 Dues&Memberships 6,600
5260 Furniture and Equipment 10,000
5265 Equipment Rental 6,600
5270 Office Supplies 9,500
5280 Meeting Expense 4,000
5275 Workshop Supplies 6,000
5300 Telephone 10,500
5310 Postage&Courier 1,000
5440 Janitorial 6,000
5450 Storage 12,000
5400 Rent 78,075
5415 Office Utilities 12,000
5230 Marketing 15,000
5330 Training 5,000
5350 Travel-Local 10,000
5600 Interest 10,000
5430 Insurance 21,819
5460 Property Tax Expense 3,000
5435 Property Insurance 1,270
5420 Maintenance 250
5820 Lawn Maintenance 480
4350 Cost of5ales(Contra) 317,124
5250 Credit Reports 5,400
5500 Miscellaneous 4,315
5465 Closing Costs 6,800
5410 Utilities-properties 1,000
5470 Broker fee 11,490
5475 Broker fee related party(TCHP) 11,490
5610 Bank Charges 780
TOTAL EXPENSES $ 1,334,384
REVENUES IN EXCESS OF EXPENSES $ (0)
CHDO Operating Contract-Exhibits Rev 07-20-15
Page 2
Tarrant County Housing Partnership, Inc.
EXHIBIT `B"
BUDGET
TARRANT COUNTY HOUSING PARTNERSHIP,INC.
ROM
ECDBG :`' TCHP = TOTAL
CHDO Counseling ; Annual ArTi!IETAL
Account Operating Grant Operatrng 'OPERATING"
Funds Bpdget Bndget BffDGET
"Bnd of
PROGRAM-,PERSONNEL,.',
Salaries 2001 50,000 94,495 391,716 536,211
FICA 2002
Life Insurance 2003
Health Insurance 2004
Unemployment 2005
Worker's Compensation 2006
Retirement 2007
Si3PPL>ES AND SERVICES fl
Office Supplies 3001 x
Office Equipment Rental 3002
Postage 3003
Printing 3004
Food Supplies 3005 +
Cleaning Supplies 3006
MISCELT ANEOi)S
Contract Labor(City needs copy of
contract before expenses can be 4001
reimbursed)
Travel(if preapproved by City) 4002
Training(if preapproved by the City) 4003
Mileage 4004 * ;;>
Advertising&Marketing 4005
,TACILITY AND 11ITII.ITIES _. M._ -
Telecommunication Expenses,i.e., * r
Telephone,Cell Phone,Internet 5001
Electric 5002
Gas 5003
Water and Wastewater 5004
Solid Waste Disposal 5005
Rent(City needs copy of lease before 5006 29,505 48,570 78,075.00
expenses can be reimbursed)
Custodial Services 5007
Repairs&Maintenance 5008
LEGAL,FINANCIAL,,AND
i<NSURANCE
Fidelity Bond or Equivalent 6001
Directors and Officers 6002
General Commercial Liability 6003
Contract Accounting 6004
Legal Assistance 6005
OTHER EXPENSES
TOTAL ANNUAL OPERATING $50,000 $124,000 $440,286 $614,286
BUDGET
*Shaded cells are not eligible for reimbursement with HOME funds.
CHDO Operating Contract—Exhibits Rev 07-20-15
Tarrant County Housing Partnership,Inc. Page 3
Annual % of Time Total Amount
Position Titles to be Funded Salary Charged to Charged to
Rate Grant Grant
1. Mindy Cochran, Vice President 38.46 22.5 18,000
2. Terry Green, Construction Manger 30.77 50 32,000
CHDO Operating Contract—Exhibits Rev 07-20-15
Tarrant County Housing Partnership,Inc. Page 4
EXHIBIT "C"
REIMBURSEMENT SCHEDULE
TARRANT COUNTY HOUSING PARTNERSHIP,INC.
Reimbursements will be made on a monthly basis in accordance with the schedule provided
below. Payments will be based on the line items in Exhibit "B" —Budget. CHDO must submit
Complete Documentation and Reimbursements Requests within 30 days of the end of the month
for which payment is requested. For example, the Reimbursement Request for payment for
March 2015, should be received by April 30, 2015, unless waived by City in writing. The
amounts listed below are estimates and may vary from month to month depending on the needs
of the CHDO.
Month Amount
October 2014 $4,723.50
November 2014 $4,723.50
December 2014 $4,125.50
January 2015 $4,047.50
February 2015 $4,047.50
March 2015 $4,047.50
April 2015 $4,047.50
May 2015 $4,047.50
June 2015 $4,047.50
July 2015 $4,047.50
August 2015 $4,047.50
September 2015 $4,047.50
TOTAL $50,000.00
CHDO Operating Contract—Exhibits Rev 07-20-15
Tarrant County Housing Partnership, Inc. Page 5
EXHIBIT "D"
AUDIT REQUIREMENTS
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
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.
CHDO Operating Contract—Exhibits Rev 07-20-15
Tarrant County Housing Partnership,Inc. Page 6
The following items should be submitted to the City of Fort Worth Housing and Economic Development
Department within the required timeframe:
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.
CHDO Operating Contract—Exhibits Rev 07-20-15
Tarrant County Housing Partnership,Inc. Page 7
EXHIBIT "D"
AUDIT REQUIREMENTS
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
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 Internal 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.
CHDO Operating Contract—Exhibits Rev 07-20-15
Tarrant County Housing Partnership,Inc. Page 8
EXHIBIT "D"
AUDIT REQUIREMENTS
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
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)
Federal Expenditure Disclosure
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 Hoatsing and Economic Development Department within 60 days after the end of your
Fiscalyear
CHDO Operating Contract—Exhibits Rev 07-20-15
Tarrant County Housing Partnership,Inc. Page 9
EXHIBIT "E"
REIMBURSEMENT FORMS
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
Attachment I
INVOICE
Developer: Tarrant County Housing Partnership, Inc.
Address: 3204 Collinsworth St., Fort Worth, TX 76107
TaxpayerlD:
Period of Service:
Program Amount
This Invoice CtimulatiV61o, Date
Developer Certification: I certify that the costs incurred are valid and
consistent with the terms and conditions of the contract between City
and Developer. By signing this invoice, I certify that to the best of my
knowledge and belief the data included in this report, Exhibit G, and in
all backup documentation is true and accurate. It is acknowledged that
the provision of false information could leave the certifying official
subject to the penalties of federal, state, and local law.
Signature and Date:
Name:
Title:
CHDO Operating Contract—Exhibits Rev 07-20-15
Tarrant County Housing Partnership,Inc. Page 10
Attachment II
EXPENDITURES WORKSHEET
Developer:Tarrant County Housin-Partnership,Inc. CIMO O eratina
LINE CHECK EXPENSE DESCRIPTION BUDGET LINE PAYEE AMOUNT
NO. NO. ITEM
(Itemize each expense and attach invoices,receipts,cancelled
checks,and other backup documentation to verify that the (From Exhibit
costs are directly attributable to the Project and that the C)
costs have actually been paid by Developer.)
1
2
3
4
5
6
7
8
9
10
TOTAL
Developer 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 aereement.
SIGNATURE DATE
CHDO Operating Contract—Exhibits Rev 07-20-15
Tarrant County Housing Partnership, Inc. Page 11
EXHIBIT "F"
STANDARDS FOR COMPLETE DOCUMENTATION
TARRANT COUNTY HOUSING PARTNERSHIP, INC.
CHDO Operating Contract—Exhibits Rev 07-20-15
Tarrant County Housing Partnership, Inc. Page 12
2014-2015 Documentation Standards for
CHDO Operating Contract Expenses
#$ i�a� e� � >< ���C _, �s�� nx & a �• £.,:R �``� _ -, ,aE, z, ��� tet,
wz-
A=,O..0. 10
t3ti etlfne'ftems` w tl1't 5 a
EmployeeSafa�esandBenefits:'
Salaries X X' r If an employee works solely with contract eligible clients and solely on contract eligible items,
then the employee's entire salary is eligible for reimbursement.Twice in each calendar year,
the client must submit a mitten statement verifying that the above conditions are still true.The
statement must also be signed be a person authorized to sign on behalf of the agency.
If an employee works on a variety of programs,or works with a mixture of contract eligible
activities and non-eligible actiuties,then the City will only reimburse for a reasonable portion
of the employee's salary.Each reimbursement request must include not only the employee's
timesheet,but also a work log breaking out the employee's time by project or activity. For
employees paid with multiple funding sources,timesheets must reflect all funding sources. If
separate timesheets are kept for each funding source,all such timesheets must be submitted
to City.
'If employees are paid by direct deposit rather than check,then the agency must submit both
the direct deposit payment company's report(such as an ADT report)and a bank statement
or check showing payment to the direct deposit company.
FICA/Medicare If the City pays gross salary,this is already included.If the City pays the employer portion of
Payroll Taxes payroll taxes,then the employer must show a calculation and documentation of how the
inwiced amount was calculated and include documentation showing payment.
Life Insurance Must show a calculation and documentation of how the inwiced amount was calculated and
whether it is included in gross employee salary amount,must include an incite from the
insurer,and must include documentation showing payment.
Health Insurance Must show a calculation and documentation of how the inwiced amount was calculated and
whether it is included in gross employee salary amount,must include an incite from the
insurer,and must include documentation showing payment.
Disability Must show a calculation and documentation of how the inwiced amount was calculated and
Insurance whether it is included in gross employee salary amount,must include an incite from the
insurer,and must include documentation showing payment.
Unemployment If the City pays gross salary,this is already included.If the City pays the employer portion,
Payroll Taxes then the employer must show a calculation and documentation of how the inwiced amount
was calculated,and must include documentation showing payment.
Retirement- Must show a calculation and documentation of how the invoiced amount was calculated and
Program Costs, whether it is included in gross employee salary amount,must include documentation showing
401 K,etc payment,and prior to the first reimbursement,must include the personnel policy regarding
retirement benefits.
ProfessionalServtces ,.,,. .
Accounting X X X X If an audit is required because federal funds exceed$500,000,then the cost should be split
Services evenly by all federal funding sources. If accounting seruces are contracted,the costs of the
service should be appropriately cost allocated across funding sources and/or programs,and
documentation of the cost allocation provided to the City.
Materials E ui menta Goods and Supplies
Office Supplies X X X
Office Equipment X X X
Rental
Postage X X X The agency should maintain information regarding mailouts.If the agency has a Pitney Bowes
machine or like postage machine,the records of that machine must be on file.Likewise,if
mail is categorized by payment source,then those records must be on fie.For large
mailouts,the agency should keep a copy of the letter and a list of all addressees.
Printing X X X
Construction& X X This category is only aveilable for REACH.
Building Materials
Sport and X X X
Recreation
Equipment
,Cleaning Supplies
-L X X
Teaching Aids X X X
Craft Supplies X X X
Food Supplies X X X
CHDO Operating Contract—Exhibits Rev 07-20-15
Tarrant County Housing Partnership,Inc. Page 13
Travel
Mileage' Reimbursement backup for mileage includes a mileage log which will include the date of the
trip,destination of the trip,and purpose of the trip.The City reimburses mileage at the lower of
the agency's rate or the IRS rate.
r.
Rent,..Utilities and Maintenance-Ifthe following expenses are pain nor a iaciftty that is used for other purposes besides the
contract program,then the bilis must be split based upon the square footage attributable to the'contract program.This breakout
must be agreed to by City prior to the first reimbursement of riant or utilities.Also,if any other funding source pays for a portion of the
expense,then each invoice should indicate which portions are to be paid by which source.
Telephone X X
Gas X X
Water/Wastewater X X
Electric X X
Solid Waste X X
Disposal
Facility X X X
Maintenance and
Repairs
Custodial Services 1f services are proNded per a contract,agency will protide contract instead of inwices.
Rent X X
Miscellaneous
Contract Labor X X X
Insurance and/orX X Must provide certificates of insurance with current dates,or a copy of performance bond as
Performance Bond applicable.
Required Under the
l
Contract
Conference or X X X Must protide documentation of conference or training attended,such as a copy of conference
Training agenda,hotel reservation,airline itinerary,etc. Only required travel and conference or
educational fees(no food expenses)will be reimbursed.
CHDO Operating Contract—Exhibits Rev 07-20-15
Tarrant County Housing Partnership,Inc. Page 14
M&C Review Page 1 of 2
Cfficial s.._of she CO rjf tort worth, «as
CITY COUNCIL AGENDA Fou WORTH
COUNCIL ACTION: Approved on 2/3/2015
.._....._ _ . -_.. _ . _.. ........_
DATE: 2/3/2015 REFERENCE **C-27167 LOG NAME: 17TCHP_OPERATING
NO..
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Change in Use and Expenditure in the Amount of$50,000.00 of HOME
Investment Partnerships Program Grant Funds to Tarrant County Housing Partnership,
Inc., for Community Housing Development Organization Operating Funds, Authorize
Execution of a Contract and Authorize Substantial Amendment to the City's 2009-2010
Action Plan (COUNCIL DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a substantial amendment to the City's 2009-2010 Action Plan;
2. Authorize the substitution of funding years in order to meet United States Department of Housing
and Urban Development commitment, disbursement and expenditure deadlines for grant funds;
3. Authorize a change in use and expenditure in the amount of$50,000.00 in prior year's HOME
Investment Partnerships Program grant funds to Tarrant County Housing Partnership, Inc., a
Community Housing Development Organization, for operating expenses;
4. Authorize the City Manager, or his designee, to execute a contract with the Tarrant County
Housing Partnership, Inc., for a one year term beginning on October 1, 2014;
5. Authorize the City Manager or his designee to extend or renew the contract for six months if
Tarrant County Housing Partnership, Inc., requests a written extension and one is necessary for
completion of the project; and
6. Authorize the City Manager or his designee 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 City
policies and applicable laws and regulations governing the use of federal grant funds.
DISCUSSION:
A portion of the City's HOME Investment Partnerships Program (HOME) grant funds from the United
States Department of Housing and Urban Development is reserved for housing development entities
that qualify under the HOME Regulations as Community Housing Development Organizations
(CHDO). The purpose of CHDO operating funds is to assist the CHDO to develop and maintain its
operational capacity so it can expand the production of affordable home ownership through
construction activities. Tarrant County Housing Partnership, Inc. (TCHP) is certified by the City as a
CHDO and has been awarded City CHDO funds to develop single family houses in the Hillside-
Morningside neighborhood for sale to low to moderate income homebuyers (M&Cs C-24293,
C-24714, C-25531, C-25676, C-26369 and C-26977).
TCHP currently has several contracts with the City for eligible CHDO set-aside projects. To date,
four single family homes have been completed and sold and four are currently under
construction. TCHP has requested $50,000.00 in operating funds as allowed under federal
guidelines since it has CHDO construction contracts with the City.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20732&councildate=2/3/2015 7/30/2015
M&C Review Page 2 of 2
Staff recommends the change in use and expenditure of$50,000.00 in HOME CHDO funds for
TCHP's operating expenses, which benefits low and very low income citizens by providing affordable
housing.
Action Plan funding years may vary and may be substituted on the Principle of First In, First Out in
order to expend oldest grant funds first. A public comment period on the change in use of these
HOME CHDO funds was held from January 2, 2015 to February 2, 2015. Any comments are
maintained by the Housing and Economic Development Department in accordance with federal
regulations.
The single family projects by TCHP are located in COUNCIL DISTRICT 8, Mapsco 77Q and 77T.
FISCAL INFORMATION/CERTIFICATION:
The Fiscal Year 2015 budget included appropriations in the amount of$50,000.00 in the Grants Fund
for housing development. As of January 9, 2015, the appropriations have not been expended. Upon
approval of this recommendation, the Financial Management Services Director certifies that funds are
available within the existing appropriations and can be reallocated for TCHP's operating expenses.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 539120 017206351420 $50,000.00 GR76 539120 017206351030 $50.000.00
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Jay Chapa (5804)
Additional Information Contact: Cynthia Garcia (8187)
Ana Alvarado (7536)
ATTACHIMIENTS
TCHP Operating Map.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20732&councildate=2/3/2015 7/30/2015