RFP City of Fort Worth by liaoqinmei

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									                                        PURCHASING DIVISION
                       REQUEST FOR PROPOSALS (RFP)
                                   for
           COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHDO’s)
                              RFP No. 10-0612

                                 Issued: October 14, 2010
                             PROPOSAL SUBMISSION DEADLINE:
                    *******November 18, 2010 by 1:30PM Local Time *******
                            NO LATE PROPOSALS WILL BE ACCEPTED

RESPONSES SHALL BE DELIVERED TO:                          RESPONSES SHALL BE MAILED TO:
CITY OF FORT WORTH PURCHASING DIVISION                    CITY OF FORT WORTH PURCHASING DIVISION
LOWER LEVEL                                               LOWER LEVEL
1000 THROCKMORTON STREET                                  1000 THROCKMORTON STREET
FORT WORTH, TEXAS 76102                                   FORT WORTH, TEXAS 76102


Pre-Proposal Conference will be held:                    NAME AND ADDRESS OF COMPANY
                                                         SUBMITTING PROPOSAL:
Applicants are required to attend one of the following
Pre-Proposal Conferences. Failure to attend will         ________________________________________
result in Proposal rejection:
                                                         ________________________________________
Monday, October 18, 2010, 3:00 pm – 5:00 pm, in the      ________________________________________
City Hall Pre-Council Chambers, 1000 Throckmorton
(2nd floor), FW, TX 76102.                               ________________________________________

Tuesday, October 26, 2010, 3:00 pm – 5:00 pm, in
the City Hall Pre-Council Chambers, 1000                 Contact Person:___________________________
Throckmorton (2nd floor), FW, TX 76102.
                                                         Phone: _____________ Fax: ________________
Friday, October 29, 2010 3:00pm – 5:00pm, City of        Signature:________________________________
Fort Worth Housing and Economic Development
Office, 908 Monroe, FW, TX 76102, 3rd floor (CHDO’s      Printed Name:_____________________________
only).

FOR ADDITIONAL INFORMATION
REGARDING THIS RFP PLEASE CONTACT:
James Rodriguez, Contract Compliance Specialist
James.Rodriguez@fortworthgov.org
***********************************************
RETURN THIS COVER SHEET WITH RESPONSE
James Rodriguez
Contract Compliance Specialist – Purchasing
Financial Management Services Department
   Acknowledgment of Addenda: #1_______ #2 _______ #3 _______ #4 _______ #5 _______
                                     Request for Proposals

The City of Fort Worth would like to invite Fort Worth certified Community Development
Organizations (CHDO’s) to participate in our Request for Proposals (RFP) to apply for a loan or
grant of HOME Investment Partnership (HOME – 24 CFR 92) funds to develop quality,
accessible, affordable, housing projects. Projects that integrate into existing neighborhoods and
result in the greatest benefit for the community will be rated the highest.

1.0    SUBMISSION OF PROPOSALS

       1.1    One (1) original and one (1) CD of all Proposal response documents shall be
              submitted in sealed packages. Proposer’s name and address should be marked
              on the outside of the envelope. Facsimile transmittals or offers communicated by
              telephone will not be accepted or considered. Proposal information that is not
              submitted in sealed packages will not be considered.

       1.2    Mail or Deliver Responses to the Following Address:

              City of Fort Worth
              Purchasing Division
              1000 Throckmorton Street, Lower Level
              Fort Worth, Texas 76102

2.0    DELIVERY OF PROPOSALS

       Proposals must be received in the City of Fort Worth’s Purchasing Division no later than
       1:30 p.m., November 18, 2010. The submitting Proposer is responsible for the means of
       delivering the proposals to the location listed in paragraph 1.2 on time. Delays due to
       any instrumentality used to transmit the Proposals including delay occasioned by the
       Proposer or the City of Fort Worth’s internal mailing system will be the responsibility of
       the Proposer. Proposals must be completed and delivered in sufficient time to avoid
       disqualification for lateness due to difficulties in delivery. The time and date stamp clock
       in City of Fort Worth (City) Purchasing Division is the official clock for determining
       whether submittals are submitted timely. Late Proposal documents will not be accepted
       under any circumstances.

3.0    PROPRIETARY INFORMATION

       3.1    If a Proposer does not desire proprietary information in the Proposal to be
              disclosed, it is required to identify all proprietary information in the Proposal.
              This identification will be done by individually marking each page with the words
              "Proprietary Information" on which such proprietary information is found. If the
              Proposer fails to identify proprietary information, it agrees that by submission of
              its Proposal that those sections shall be deemed non-proprietary and made
              available upon public request.

       3.2    Proposer’s are advised that the City, to the extent permitted by law, will protect
              the confidentiality of their Proposals. Proposer shall consider the implications of
              the Texas Public Information Act, particularly after the RFP process is completed
              and the Contract has been awarded. While there are provisions in the Texas
              Public Information Act to protect proprietary information, where the Proposer can


        RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 2 of 105
             meet certain evidentiary standards, please be advised that a determination on
             whether those standards have been met will not be decided by the City of Fort
             Worth, but by the Office of the Attorney General of the State of Texas. In the
             event a request for public information is made, the City will notify the Proposer,
             who may then request an opinion from the Attorney General pursuant to 552.305,
             Texas Government Code. The City will not make a request of the Attorney
             General.

4.0   COMPLETION OF RESPONSES

      4.1    Information presented in the proposal responses will be used to evaluate the
             qualifications of the Proposer(s) to develop quality, accessible, affordable
             housing.

      4.2    Responses shall be completed in accordance with the requirements of this RFP.
             Statements made by a Proposer shall be without ambiguity, and with adequate
             elaboration, where necessary, for clear understanding.

      4.3    Proposals shall be limited to this form plus any requested attachments. Any
             information attached but not requested will not be considered.

5.0   CLARIFICATIONS AND ISSUANCE OF ADDENDA

      5.1    Any explanation, clarification, or interpretation desired by a Proposer regarding
             any part of this RFP must be requested from James Rodriguez, Contract
             Compliance Specialist, at least fifteen (15) days prior to the published submission
             deadline, as referenced in Section 2.0 of this RFP.

      5.2    If the City, in its sole discretion, determines that a clarification is required, such
             clarification shall be issued in writing. Interpretations, corrections or changes to
             the RFP made in any other manner other than writing are not binding upon the
             City, and Proposers shall not rely upon such interpretations, corrections or
             changes. Oral explanations or instructions given before the award of the
             Contract are not binding.

      5.3    Requests for explanations or clarifications may be faxed to the City of Fort Worth
             at (817) 392-8440 or emailed to james.rodriguez@fortworthgov.org. Emails and
             Faxes must clearly identify the RFP Number and Title.

      5.4    Any interpretations, corrections or changes to this RFP will be made by
             addendum. Sole issuing authority of addenda shall be vested in the City of Fort
             Worth Purchasing Division. Proposers shall acknowledge receipt of all addenda
             within the responses.

6.0   WITHDRAWAL OF PROPOSALS

      A representative of the company may withdraw a Proposal at any time prior to the RFP
      submission deadline, upon presentation of acceptable identification as a representative
      of such company.




       RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 3 of 105
7.0    AWARD OF CONTRACT

       7.1    Either a deferred payment loan or grant will be awarded.
              There is up to $862,571 in City of Fort Worth CHDO HOME Funds currently
              available for projects and up to $225,000 for CHDO Operating Expenses. Actual
              amount of funds awarded is at the City’s discretion. However, additional funds
              may be allocated at the City’s discretion.
              It is understood that the City reserves the right to accept or reject any and all
              Proposals and to re-solicit for Proposals, as it shall deem to be in the best
              interests of the City of Fort Worth. Receipt and consideration of any Proposals
              shall under no circumstances obligate the City of Fort Worth to accept any
              Proposals. If an award of contract is made, it shall be made to the responsible
              Proposer whose Proposal is determined to be the best evaluated offer taking into
              consideration the relative importance of the evaluation factors set forth in the
              RFP.

       7.2    The City reserves the right to award a single contract or multiple contracts.
       7.3    Tentative Schedule of Events
              RFP Release Date                  October 14, 2010, 2010
              Pre-Proposal Conference           October 18, 2010, 3:00 pm
              Pre-Proposal Conference           October 26, 2010, 3:00pm
              Pre-Proposal Conference           October 29, 2010, 3:00pm (CHDO’s only)
              Deadline for Questions            November 1, 2010, 5:00 PM (Local Time)
              Proposals Due Date                November 18, 2010, by 1:30 PM (Local Time)
              Proposal Selection                November 18, 2010 through December 1, 2010
              CDC Recommendation                December 1, 2010
              Contract Negotiations             December 2, 2010 through December 31, 2010
              City Council Approval             January 11, 2011
              Notice to Proceed (anticipated)   January 31, 2011

8.0    PERIOD OF ACCEPTANCE

       Proposer acknowledges that by submitting the Proposal, Proposer makes an offer that, if
       accepted in whole or part by the City, constitutes a valid and binding contract as to any
       and all items accepted in writing by the City.

9.0    TAX EXEMPTION

       The City of Fort Worth is exempt from Federal Excise and State Sale Tax; therefore, tax
       must not be included in any contract that may be awarded from this RFP.

10.0   COST INCURRED IN RESPONDING

       All costs directly or indirectly related to preparation of a response to the RFP or any oral
       presentation required to supplement and/or clarify Proposals which may be required by
       the City shall be the sole responsibility of and shall be borne by the participating
       Proposers.




        RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 4 of 105
11.0   NEGOTIATIONS

       The City reserves the right to negotiate all elements that comprise the successful
       Proposals to ensure that the best possible consideration be afforded to all concerned.

12.0   CONTRACT INCORPORATION

       The contract documents shall include the RFP, the Response to the RFP and such other
       terms and conditions.

13.0   NON-ENDORSEMENT

       If a Proposal is accepted, the successful Proposer shall not issue any news releases or
       other statements pertaining to the award or servicing of the agreement that state or
       imply the City of Fort Worth’s endorsement of the successful Proposer’s services.

14.0   UNAUTHORIZED COMMUNICATIONS

       After release of this solicitation, Respondent’s contact regarding this RFP with members
       of the RFP evaluation, interview or selection panels, employees of the City or officials of
       the City other than the Purchasing Manager, the Minority and Women Business
       Enterprise (M/WBE) Office, or as otherwise indicated is prohibited and may result in
       disqualification from this procurement process. No officer, employee, agent or
       representative of the Respondent shall have any contact or discussion, verbal or written,
       with any members of the City Council, members of the RFP evaluation, interview, or
       selection panels, City staff or City’s Proposer(s), or directly or indirectly through others,
       seek to influence any City Council member, City staff, or City’s Proposer(s)s regarding
       any matters pertaining to this solicitation, except as herein provided. If a representative
       of any Respondent violates the foregoing prohibition by contacting any of the above
       listed parties with whom contact is not authorized, such contact may result in the
       Respondent being disqualified from the procurement process. Any oral communications
       are considered unofficial and non-binding with regard to this RFP.

15.0   PROPOSAL EVALUATION PROCESS

       15.1   The City's evaluation panel will review all responsive submittals and select the
              best evaluated proposals for further interview.

       15.2   The City anticipates selecting Proposer(s) that will be recommended to the City
              Council for award of a contract to grant or loan HOME funds from the City of Fort
              Worth.

16.0   PROPOSAL EVALUATION FACTORS (Please see Evaluation Factors on, Section 21.0)

       16.1   Project Location – 25 points available

       16.2   Proof of Site Control – 5 points available

       16.3   Project Description – 30 points available

       16.4   Project Design – 15 points available


        RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 5 of 105
       16.5   Project Budgets – 20 points available

       16.6   Experience/Capacity – 20 points available

       16.7   Financial Capability – 20 points available

       16.8   Community Support – 20 points available

17.0   GENERAL PROVISIONS

       The successful Proposer(s) may not assign its rights or duties under an award without
       the prior written consent of the City of Fort Worth. Such consent shall not relieve the
       assignor of liability in the event of default by its assignee.

       17.1   ERRORS OR OMISSIONS

              The Proposer(s) will not be allowed to take advantage of any errors or omissions
              in this RFP. Where errors or omissions appear in this RFP, the Proposer(s) shall
              promptly notify the City of Fort Worth Purchasing Division in writing of such error
              or omission it discovers. Any significant errors, omissions or inconsistencies in
              this RFP are to be reported no later than ten (10) days before time for the RFP
              response is to be submitted.


       17.2   INABILITY TO REACH TERMS

              In the event the City and selected Proposors are unable to negotiate contract
              terms, the City reserves the right to select an alternate Proposor.

       17.3   TERMINATION, REMEDIES, AND CANCELLATION

              Right to Assurance. Whenever the City has reason to question the successful
              Proposer(s)'s intent to perform, the City may demand that the successful
              Proposor(s) give written assurance of successful Proposer(s)'s intent to perform.
              In the event a demand is made, and no assurance is given within ten (10)
              calendar days, the City may treat this failure as an anticipatory repudiation of the
              contract.

       17.4   CONFLICT OF INTEREST

              No public official shall have interest in this contract, in accordance with Vernon’s
              Texas Codes Annotated, Local Government Code Title 5, Subtitled C., Chapter
              171. See Attachment A.

       17.5   INSURANCE

              Successful Proposors will need insurance consistent with the requirements in the
              attached contract form. The City reserves the right to modify the contract form at
              its discretion prior to negotiations.




        RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 6 of 105
       17.6    CONTRACT CONSTRAINTS AND CONDITIONS

               All services shall be provided in accordance with applicable requirements and
               ordinances of the City of Fort Worth, the State of Texas, and applicable federal
               laws.

18.0   SUBMISSION REQUIREMENTS
       Use this application for each proposed project and only if you can meet the following
       criteria:
       1.      Applicant must be a City of Fort Worth certified Community Development
               Housing      Organization (CHDO) by November 4, 2010. If you are not a City of
               Fort Worth certified CHDO by this date, your application will not be considered.
            a. Application for certification must be received by Housing and Economic
               Development Department, 908 Monroe, Fort Worth, TX no later than Tuesday,
               October 19, 2010, 5pm. No late applications will be accepted until after the
               completion of the RFP process.
            b. CHDO certification applications can be found as Exhibit A to this RFP.
            c. CHDOs must be recertified annually.
        For more information, please call James Rodriguez at 817-392-2057.

       2.      As a condition to the award of funding, applicants must agree and actually attend
               upcoming CHDO training. Dates are currently being determined and selected
               applicants will be informed as soon as possible.
       3.      Must have summary of project sources of funding, development budget, income,
               expense & cash flow proforma. If it is not attached, your response will be
               rejected.
       4.      Site must be zoned for development and/or use consistent with Comprehensive
               Plan
       5.      Site is not located in a floodplain or has known environmental issues requiring
               remediation
       6.      Responses must include a site plan and elevation or rendering of the proposed
               construction. Proposals not including a site plan and rendering or elevation will
               be rejected as incomplete.
       7.      Proposals using other forms or pages will be rejected.
       8.      Proposors may only use pages 10-23 of this document to submit responses.
               Additional documents not specifically requested will not be considered. Please
               label requested attachments using the following scheme:
               Attachment A: Maps
               Attachment B: Proof of Site Control
               Attachment C: Site Plans, Elevations and/or Renderings
               Attachment D: Income, Expense and Cash Flow Pro Forma


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              Attachment E: Resumes
              Attachment F: Financial Documents
              Attachment G: Letters of Community Support
       9. The City may request additional information while evaluating the RFP’s. Proposers
          must respond within ten (10) days of the City’s request or the Proposal will be
          rejected.
19.0   GENERAL TERMS:

       1) After submitting this Proposal, parties may not spend, commit, or contract to spend
       any money – either private or public funds – for site work, property acquisition,
       demolition, rehabilitation of multifamily units, conversion, construction/reconstruction
       prior to the completion of environmental review and receipt of the Release of Funds from
       U.S. Department of Housing and Urban Development (HUD). VIOLATION OF THIS
       PROVISION WILL         RESULT IN THE DENIAL OF FUNDS UNDER THIS REQUEST
       FOR PROPOSAL. THE CITY WILL REQUIRE A CERTIFICATION THAT NO FUNDS
       HAVE BEEN SPENT, COMMITTED OR CONTRACTED PRIOR TO EXECUTING A
       CONTRACT WITH A SUCCESSFUL PROPOSOR. IF PROJECT IS CHOSEN FOR
       FUNDING, A NOTICE TO PROCEED WILL BE SENT WHEN THE AUTHORIZATION
       TO USE GRANT FUNDS HAS BEEN RECEIVED.
       2) Architectural and engineering services, purchase options and certain pre-
       development activities may begin only with prior written approval from the City of Fort
       Worth. Undertaking activities without prior approval will result in the denial of funds
       under this Request for Proposal. Please note the amount of funding needed for these
       activities on page 11 so that these funds may be cleared separately.

       3) This Request for Proposal (RFP) follows a procedure established by the City;
       however, because this request is exempt from Chapter 252 of the Texas Local
       Government Code, the City reserves the right to negotiate a contract after receiving all
       proposals. The City reserves the right to waive any and all irregularities and award a
       contract in the best interest of the City.

       Any submittals, including all attachments, including rejected submittals, are public
       information and is subject to the Texas Open Records Act and Federal Freedom of
       Information Act.

____________________________________________________________________________
Any submittals, including all attachments, including rejected submittals, are public information
and is subject to the Texas Open Records Act and Federal Freedom of Information Act.

Responses submitted in anticipation of applying for Low Income Housing Tax Credits will be
accepted.




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20.0   AFFORDABLE HOUSING REQUEST FOR PROPOSALS


       The City of Fort Worth is seeking proposals for the development of quality, affordable,
       accessible housing projects that can be assisted by HOME funds Projects that integrate
       into existing neighborhoods and result in the greatest benefit for the community will be
       rated the highest. For all projects, the highest quality materials and design are required.

 Application Process                               Contract Terms
 Request for Proposal (RFP) application is         In the event that a funding application is
 required to request financial assistance from     approved, terms of the contract will be
 HOME program for eligible activities within the   negotiated between the City of Fort Worth and
 City of Fort Worth.                               the successful proposer. The contract will
                                                   indicate the amount of funding approved by the
 Applicants are required to attend one of the      City Council, as well as the terms and
 following Pre-Proposal Conferences. Failure to    conditions under which the funds may be
 attend will result in Proposal rejection:         expended. All project funding will be disbursed
                                                   on a reimbursable basis for eligible expenses
 Monday, October 18, 2010, 3:00 pm – 5:00 pm,      only.
 in the City Hall Pre-Council Chambers, 1000
                 nd
 Throckmorton (2 floor), FW, TX 76102.             For projects that involve home ownership,
                                                   clients must be income qualified through the
 Tuesday, October 26, 2010, 3:00 pm – 5:00         City of Fort Worth Housing Assistance Program
 pm, in the City Hall Pre-Council Chambers,        (HAP) and will be required to utilize a minimum
                     nd
 1000 Throckmorton (2 floor), FW, TX 76102.        of $1,000 in City of Fort Worth Housing
                                                   Assistance Program (HAP) funds.
 Friday, October 29, 2010 3:00pm – 5:00pm,
 City of Fort Worth Housing and Economic
 Development offices908 Monroe, FW, TX
         rd
 76102, 3 floor (CHDO’s only).

 Completed Proposals are due back to the City
 of Fort Worth, Purchasing Department, 1000
 Throckmorton, FW, TX 76102 (lower level) no
 later than November 18, 2010, 1:30p.m.
 Review Process                                    Permits/Inspections
 All proposals will be reviewed by the City of     Each individual/organization is responsible for
 Fort Worth Community Development Council          obtaining the appropriate permits, certificates,
 (CDC). Information on the CDC is available        licenses and approvals which may be required
 upon request. Review calendar:                    for your project development.
  December 1, 2010: Staff recommended
     RFPs presented to CDC                         City may inspect project upon demand.
  Early 2011: Contract to City Council
 *These timeframes are only guidelines and are
 subject to change.
                                                   Reporting Requirements
                                                   Each individual/organization is responsible for
                                                   submitting an annual audit performed by an
                                                   independent Certified Public Accountant
                                                   (CPA). A current audit for all entities will be
                                                   required before a contract is executed.

                                                   Each individual/organization must report all
                                                   amounts of funding that financially supports the
                                                   entity.



        RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 9 of 105
FORM A

Total HOME Funds Requested: _________________________________

General Entity Information

Name of Organization: ________________________________________
Name of Key Contact Person: ______________________________________
Mailing Address: _____________________________________________
City, State, Zip: ______________________________________________
Telephone: Primary _______           _______    Secondary ____            ________
Email: ____________________________

Ownership Structure and Relevant Partners – Provide a detailed description of how the project
will be owned (LLC, Partnership, Corporation) who the relevant partners are (if identified) such
as developer, general contractor, architect, lender, etc. Will CHDO operate as Owner,
Developer or Sponsor?
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FORM B - Project Location


Address _____________________________________________
Legal Description ______________________________________
Located in “Targeted Development Area” (Map on next page)

                                                  Yes                         No

Is there existing infrastructure?
        Water                                     Yes                         No
        Sanitary Sewer                            Yes                         No
        Storm Sewer                               Yes                         No
        Streets                                   Yes                         No
Is the project within three miles of a school?    Yes                         No
                                                  If no, how far?


Is the project within three miles of a pharmacy? Yes                          No
                                                  If no, how far?


Is the project within three miles of a grocery store of at least 20,000 SF?
                                                  Yes                         No
                                                  If no, how far?


Is the project within one-quarter of a mile of a bus stop?
                                                  Yes                         No
                                                  If no, how far?


What is the current zoning on the property?




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FORM B (CONTINUED) - Please identify project location(s) on map below:




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FORM C - Environmental Project Information
1. Vacant Land                            Yes                   No
                                          (If no, please answer questions 2 & 3)
2. Building(s) are vacant:                Yes                   No
                                          Year built________
                                          Previous use of building? _________________________
3. Does this project involve the relocation of tenants?         Yes                No
                                 If yes, number of tenants to be relocated _________
4. Is project located in a flood plain?                         Yes                No
                                 Panel Number:
5. Is project located in a historic district?                   Yes                No
6. Environmental Phase I completed?                             Yes                No
                                                                Date: ________
7. Environmental Phase II completed?                            Yes                No
                                                                Date: ________
8. Does the property or building or property contain lead? Yes                     No
9. Does the building contain asbestos?                          Yes                No
10. Any environmental concerns?                                 Yes                No
If yes, please provide a detailed list

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                                FORM C (CONTINUED) - PROJECT DATA


Program/Activity Name:

Project/Activity Location:
 A
(Add a separate document if multiple locations are included)
Point Person or Contact for Project:

Contact Information:
                           (City staff will provide information)

Funding Source:                           HOME

Funding Amount or Estimate:

Grant Number:
                           (City staff will provide information)

Date:


ENVIRONMENTAL REVIEW DATA


Provide the following information for this request.
Purpose of the Project:




Project Area and Description: (Please be as descriptive as possible; include materials used
and scope of work to be completed during activity.)
(1) Environmental and other studies, resource identification and the development of plans and
    strategies;
(2) Information and financial services;
(3) Administrative and management services;
(4) Public services that will not have a physical impact or result in any physical changes,
    including but not limited to services concerned with employment, crime prevention, child
    care, health, drug abuse, education, counseling, energy conservation and welfare or
    recreational needs;
(5) Inspections and testing of properties for hazards or defects;
(6) Purchase of insurance;
(7) Purchase of tools;
(8) Engineering or design costs;
(9) Technical assistance and training;


         RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 14 of 105
(10) Assistance for temporary or permanent improvements that do not alter environmental
    conditions and are limited to protection, repair, or restoration activities necessary only to
    control or arrest the effects from disasters or imminent threats to public safety including
    those resulting from physical deterioration;
(11) Payment of principal and interest on loans made or obligations guaranteed to HUD
(12) Any of the categorical exclusions listed in Sec. 58.35(a) provided that there are no
    circumstances that require compliance with any other Federal laws and authorities cited in
    Sec. 58.5.
Status of the Project:

(Initial stage of the project/activity, Ongoing, etc.)

Existing Conditions and Trends:
(Current condition of properties, vacant lot, etc)



Please attach the following documents only if it applies to the Project/Activity.


1)   Project/Activity area maps and Plans:
     (New construction and activities that will increase the current
     structure by more than 20%)

2) At least 2 color photographs of the project/activity:


Submitted by:
Date:




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FORM D - Executive Summary: In space provided below, briefly describe the Proposed Project.

Please describe the neighborhood (within a mile), the type of project, unit numbers and

breakdown, support services, amenities, energy efficiency, accessibility, a brief description of

materials    being      used).     Additional     pages      will    not     be     considered.

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       RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 17 of 105
FORM D (continued) Anticipated Project Timeline

                                     Activity                   Anticipated
                                                              Completion Date
                                                                mm/dd/yyyy
                Predevelopment
                Acquisition
                Plans and Specifications
                Funding Committed
                Permitting
                Project Start
                Construction/Reconstruction
                Permanent Financing
                Marketing
                Client Intake & Prequalification
                Lease-up (if applicable)


Please describe other factors affecting project timing:

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____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________




        RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 18 of 105
FORM E - Funding Request
Total Project Cost: $ _________________
Total HOME Project Funds Requested: $_________________
Total HOME Operating Funds Requested: $_________________
* Please note that all funding will be made on a reimbursable basis only.
Development Budget
            Use of Funds                                        Source of Funds
        Predevelopment Cost               HOME $         OTHER $       SOURCES OF         TOTAL $
                                                          FUNDS        OTHER FUNDS        FUNDS
                                             (1)            (2)            (Names)         (1+2)

1. Market Study
2. Feasibility (ie: preliminary work
write-up, cost estimates, design)
3. Other _______________________
Total Predevelopment Cost (1+2=3)
Development Cost
4. Land and/or building acquisition
5. Site Preparation
6. Construction Cost
7. Fence
8. Landscape
9. Contingency
10. Appraisal
11. Architect & Engineering Fees
12. Construction Management Fee
13. Construction Loan Interest
14. Property Survey
15. Legal Fees
16. Real Estate Fees
17. Utility Hookup/Impact Fees
18. Title & Recording Fees
19. Developer Fee
20. Other _____________________
Total Development Cost (Total of
items 4 – 20)
Total Project Cost
Shaded cells indicate that the expense category is ineligible for HOME funding.




        RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 19 of 105
     FORM F - Status of Other Funding Sources
     Funding Source          Amount $        Proposal Stage       Application    Approved
                                                                  Submitted
                               (1)                (2)                (3)            (4)

1.   Bank       Loan
     (name of Bank)


2.   Community
     Development
     Block Grant
3.   Other     federal
     funds, specify
4.   Foundation
     (name)


5.   Self-Support      ie:
     fundraising
6.   Other (specify)


     Total


                Use of Funds                                         Source of Funds
             CHDO Operating Costs             HOME $          OTHER $       SOURCES OF          TOTAL $
                                                               FUNDS        OTHER FUNDS         FUNDS
                                                 (1)             (2)            (Names)          (1+2)

     1. Salaries and Wages
     2. Other Compensation and Benefits
     ______________________________
     3. Employee Education and Training
     4. Travel
     5. Rent
     6. Utilities
     7. Telephone
     8. Taxes
     9. Insurance
     10. Equipment
     11. Materials and Supplies
     Total Operating Costs (Total of items
     1 – 11)




              RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 20 of 105
FORM G - Previous Housing Development Experience
Does Applicant have previous housing development experience?
                                                          Yes                   No
If yes, number of units developed within last 5 years     ______
Years of experience 0 – 2                   3–5                    5+
Location(s) and descriptions of past projects:
Project 1:

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________


Project 2

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________


Project 3:

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________


Please attach resumes and description of background experience.




        RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 21 of 105
FORM G (continued)
HOME Participation

Has Applicant previously received HOME funding from any jurisdiction?
                                                          Yes                   No
If yes, please list the most recent:
Year(s) of Award: _________________________________________________
Project Name(s): __________________________________________________
Project Location(s): _______________________________
Project Status: Closed/Complete                    Under Construction
Construction Not Yet Started


Year(s) of Award: _________________________________________________
Project Name(s): __________________________________________________
Project Location(s): _______________________________
Project Status: Closed/Complete                    Under Construction
Construction Not Yet Started



Year(s) of Award: _________________________________________________
Project Name(s): __________________________________________________
Project Location(s): _______________________________
Project Status: Closed/Complete                    Under Construction
Construction Not Yet Started



Year(s) of Award: _________________________________________________
Project Name(s): __________________________________________________
Project Location(s): _______________________________
Project Status: Closed/Complete                    Under Construction
Construction Not Yet Started




        RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 22 of 105
    Form H - Income Targeting (See Exhibit B for Area Median Income (AMI) table)

                                               SINGLE FAMILY PROJECTS
Housing Activity   Total # of Units   For households w    For households w    For households w   Accessibility: number of units
                    (All Funding       income 30% or     income 30% - 60%    income 60% - 80%      for mobility impaired and
                      Sources)           less of AMI        or less of AMI      or less of AMI   sensory impaired households
                                          # of units          # of units           # of units      (Please specify for each)
Rehab          –
Owner
Occupied
Rehab          –
Rental
New
Construction –
Owner
Occupied
New
Construction –
Rental

                                                MULTI- FAMILY PROJECTS
Housing Activity   Total # of Units   For households w    For households w    For households w   Accessibility: number of units
                    (All Funding       income 30% or     income 30% - 60%    income 60% - 80%      for mobility impaired and
                      Sources)           less of AMI        or less of AMI      or less of AMI   sensory impaired households
                                          # of units          # of units           # of units      (Please specify for each)

Rehab        –
Rental
New
Construction –
Rental
Other
(Specify)
________




               RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 23 of 105
21.0   EVALUATION FACTORS:
       Potential projects and developers will be ranked for funding by the following criteria.
       Additional factors may be considered to determine the greatest benefit to the community.
       All responses should fill out forms A-H, pages 10-23. Responses not completing these
       forms will be rejected as incomplete.

       21.1   Project Location (Form B Pages 11-12)– Proximity to transit, schools, shopping,
              and existing infrastructure will be ranked higher. Please include maps showing
              proximity to these facilities (Attachment A). Location in a “Targeted Development
              Area” (page 6) will receive higher scores. 0 - 25 points max

       21.2   Proof of Site Control (if applicable) (Attachment B)– can be an option to
              purchase, purchase and sale agreement, fee title or some other proof that the
              developer has an exclusive right to the property. 0 - 5 points max

       21.3   Project Description 0 - 30 points (Form D Page 16-18) Projects must meet
              minimum HOME eligibility requirements (See regulatory checklist – Exhibit C)
              and may receive higher scores based on consistency with City of Fort Worth
              criteria:

                 units that are affordable to 60% or less of Area Median Income
                 projects containing mixed income units
                 geographic dispersion of affordable units
                 permanent supportive housing units
                 energy efficiency
                 accessibility to persons with limited mobility
                 meeting priorities of the City of Fort Worth’s Consolidated Plan

       21.4   Project Design 0-5 points (Attach site plan and elevation and/or rendering as
              Attachment C): Projects will be assigned points for demonstrating elements of
              the following:

                  Consistency with the surrounding neighborhood
                  Design elements consistent with sustainable development best practices
                  Higher than minimum levels of amenities or aesthetic features
                  Proposals without site plans along with elevations or renderings will be
                   rejected as incomplete

       21.5   Project Budgets (Forms E Page 18 and Form F Page 19) – Budgets will be
              evaluated by the committee for accuracy and consistency within accepted ratios
              for affordable housing development and requirements of funding sources.
              Projects that maximize private leveraging will receive higher scores. Please
              provide income, expense and cash flow proforma as Attachment D. 0 - 10
              points max

       21.6   Experience/Capacity – (Attach resumes as Attachment E and complete Form G
              page 21-33) - Provide examples of federally funded affordable housing projects
              previously completed highlighting success and timeliness of project and ability to
              meet regulatory requirements. Attach three letters of reference from this or




       RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 24 of 105
       other federally funded entities to verify competence of owner and partners. 0 - 10
       points max

21.7   Financial Capability – (Attach as Attachment F) To evaluate financial capacity,
       please attach the two most recent IRS form 990 and audits compiled by an
       independent licensed certified public accountant. Credit reports and ability to
       demonstrate organizational reserve funding will be awarded extra points.
       Demonstrated ability to obtain performance bonding will receive additional points.
       0 - 10 points max

21.8   Community Support 0 – 20 points (Attach documents as Attachment G) –
       Projects will be assigned points for demonstrating support of leaders of nearby
       neighborhood associations through a written letter of support.


Any information attached other than what is requested in this RFP document will not be
considered.




RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 25 of 105
22.0   OTHER REQUIREMENTS:

       a) All Projects must abide by City of Fort Worth M/WBE ordinance.
          www.fortworthgov.org/mwbe
       b) All Projects must conform to City of Fort Worth Zoning Ordinance and City of Fort
          Worth Codes and Building Standards and have no outstanding violations.
       c) Funding source is HUD HOME Investment Partnership Program. The following
          Federal Regulations apply.
              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”).
              Drug Free Workplace Act of 1988 (41 USC 701 et seq.) and 24 CFR part 23,
              Subpart F.

              Davis-Bacon and related Acts. The Wage and Hour Division of the U.S.
              Department of Labor determines prevailing wage rates to be paid on federally
              funded or assisted construction projects may apply.

              Uniform Relocation Assistance and Real Property Acquisition Policies Act of
              1970, as Amended may apply.
              Regulations at 24 CFR Part 87 related to lobbying, including the requirement that
              certifications and disclosures be obtained from all covered persons.



       RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 26 of 105
      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.

d)    Uniform Relocation Act (URA)
      1.     If you believe that your project will trigger URA, City of Fort Worth will
             require that respondents to the RFP submit a copy of the General
             Information Notices and Notices to Seller for the project prior to its being
             sent.
      2.     Any activity that is part of a Project that triggers URA will have to meet
             URA standards and guidelines.

e)    Davis Bacon
             Davis-Bacon applies to projects of 12 or more HOME assisted units.

f)    Environmental Review
      1.     After submitting this Proposal, parties may not spend, commit, or contract
             to spend any money – either private or public funds – for site work,
             property acquisition, demolition, rehabilitation of multifamily units,
             conversion, construction/reconstruction prior to the completion of
             environmental review and receipt of the Release of Funds from U.S.
             Department of Housing and Urban Development (HUD). Violation of
             this provision will result in the denial of funds under this Request for
             Proposal. If project is chosen for funding, a Notice To Proceed will
             be sent when the Authorization to Use Grant Funds has been
             received.
      2.     There are certain activities that are allowed during the Environmental
             Review period such as putting a “Purchase Option” on a property.




RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 27 of 105
23.0   DISCLOSURES AND DECLARATIONS:

       Are any of the Board members or employees of the sponsor or affiliate, which will be
       carrying out this project, or members of their immediate families, or their business
       associates:

       1.     Employees of or closely related to employees of the City of Fort Worth Housing
              and Economic Development Department?
              Yes                    No
              If yes, please provide name and explain
              ________________________________________________________
       2.     Members of or closely related to members of the Fort Worth City Council or the
              Fort Worth Community Development Council?
              Yes                    No
              If yes, please provide name and explain
              ________________________________________________________
       3.     Beneficiaries of the program for which funds are requested, either as clients or as
              paid providers of goods and services.
              Yes                    No
       4.     The applicant, its affiliates, subsidiaries, and any related organizations, are not
              delinquent in payment of any federal, state, or local personal or property taxes,
              have no federal, state or local audit findings that are unresolved, and have not
              outstanding liens or judgments from the City of Fort Worth.
              Yes                    No

       Subsequent to signing this Proposal, parties are prohibited from undertaking or
       committing any funds (public or private) to physical or choice-limiting actions, including
       relocation of tenants, property acquisition, demolition, movement, rehabilitation,
       conversion, repair or construction    prior to the completion of environmental review and
       receipt of the Authority to Use Grant Funds from HUD. Violation of this provision may
       result in the denial of funds under this Request for Proposal. A Notice to Proceed from
       the City will be issued when the environmental clearance has been received.




       RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 28 of 105
I hereby certify that the information contained in this Proposal and its attachments fairly
represents the above-named applicant’s plans and budget for the project requested for funding.
I understand that any misrepresentation shall constitute grounds for rejection of an application
or the termination of funding at the discretion of the City of Fort Worth. I agree to provide any
additional information for determining eligibility as requested by the City. I acknowledge that I
have read and understand the requirements of this Request for Proposal. I certify that I am
authorized to sign this Proposal. (Non-profit only: please attach a copy of Board minutes or
Resolution authorizing the submission of the application and the person to sign the Contract on
behalf of the Board)

Warning: If you knowingly make a false statement on this form, you may be subject to civil or
criminal penalties under Section 1001 Title 18 of the United States Code. In addition, any
person who knowingly and materially violates any required disclosures of information, including
failure of disclosure, is subject to civil money penalty not to exceed $10,000 for each violation. I
certify this information is true and complete.


__________________________________________                           ______________________
Name                         Title                                   Date




        RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 29 of 105
                                Exhibit A
                       CHDO Application and Checklist




RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 30 of 105
                    CITY OF FORT WORTH
       HOUSING & ECONOMIC DEVELOPMENT DEPARTMENT
    COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO)
               CERTIFICATION OF APPLICATION

CERTIFICATION:

I hereby certify that the information provided is true and accurate to the best of my

knowledge, and agree to provide additional evidenced to support this application as

may be required.




Name of authorized individual (typed)
______________________________________________________


Signature __________________________________


Date___________________________________



Please return to:
City of Fort Worth
Housing & Economic Development Department
Attn: Mark Folden, Development Project Coordinator
1000 Throckmorton Street
Fort Worth, TX 76102




        RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 31 of 105
                    CITY OF FORT WORTH
       HOUSING & ECONOMIC DEVELOPMENT DEPARTMENT
    COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO)
                          CERTIFICATION REQUEST APPLICATION

Organization___________________________________________________________
Address_______________________________________________________________
City_________________State_____Zip_____Phone:                                                         Fax
Executive Director____________________________________________________
Contact Person (if different from above)
_______________________________________

Please submit the following documentation with your request for certification:

   Copy of the cover letter from the Secretary of State authorizing the organization to operate in Texas;

   Copy of organization’s Charter and signed Articles of Incorporation;

   Copy of organization’s signed By-laws and any pertinent amendments;

   Board Resolution (if this is not indicated in organizations By-Laws) which outlines the organization’s formal process that allows low
    income residents and program beneficiaries to advise the organization on relevant decisions concerning the site, development and
    management of affordable housing;

   Copy of the 501 (c) certificate from the Internal Revenue Service (IRS);

   Notarized list of the board members, including name, home address, occupation, sector represented, title within the organization, and
    term expiration date;

   Notarized statement by the Chief Financial Officer or from a CPA that the organization’s financial system conforms to 24 CFR 84.21
    “Standards for Financial Management Systems”;

   Resumes or statements describing the experience of accomplished key staff who have successfully completed projects similar to
    those proposed for assistance with HOME funds; or

   Copies of contract with Proposer(s) firms or individuals (who have successfully completed projects similar to those proposed for
    assistance with HOME funds) to train key staff of the organization;

   A statement that documents at least one year of experience in serving the community; or

   For new organizations, a statement that documents that it’s parent organization has at least one year of experience in serving the
    community;

   Certificate of Good Standing from Texas Comptroller of Public Accounts .




          RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 32 of 105
CHDO APPLICATION CHECKLIST

      NOTE:         Place a check mark by the information to be supplied with this
                    checklist.
                    Checklist refers to the definition of Community Housing Development
                    Organization (CHDOs) as stated in Subpart A, Section 92.2 of the
                    HOME Rule.

I. LEGAL STATUS

A. The nonprofit organization is organized under State or local laws, as evidenced by:

                    ________       a Charter, OR
                    ________       Articles of Incorporation

B. No part of its net earning inure to the benefit of any member, founder, contributor, or
   individual, as evidenced by:

                    ________       a Charter, OR
                    ________       Articles of Incorporation

C. Has a tax exemption ruling from the Internal Revenue Service (IRS) under Section 501
   c (3) or (4) of the Internal Revenue Code of 1986, as evidenced by:

                    ________       a 501c (3) or (4) Certificate from the IRS

                                                  OR

   Is classified as a subordinate of a central organization non-profit under section 905 of
   the Internal Revenue Code, as evidenced by:

                    ________       a group exemption letter from the IRS that includes the
                                               CHDO.

D. Has among its purposes the provision of decent housing that is affordable to low and
   moderate income people, as evidenced by a statement in the organization’s:

                    ________       Charter,
                    ________       Articles of Incorporation,
                    ________       Resolutions, or
                    ________       by-laws

E. Organization is authorized to operate in the state of Texas:

                    _______        Yes
                    _______        No



       RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 33 of 105
II. CAPACITY

A. Conforms to the financial accountability standards that conform to 24 CFR 84.21,
   “Standards of Financial Management Systems”, as evidenced by:

                    ________       a notarized statement by the president or chief financial
                                                  officer of the organization;
                    ________       a certification form a Certified Public Accountant,
                    ________       a HUD approved audit summary.

      NOTE:         A CHDO can not receive assistance under 92.302 c (1),
                    organizational support and c (2), housing education of the HOME
                    Rule for any fiscal year in an amount that, together with other federal
                    assistance provides more that 50 percent of the organization’s total
                    operating budget in the fiscal year.

B. Has a demonstrated capacity for carrying out activities assisted with HOME funds, as
   evidence by:
                 ________      resumes and/or statements that describe the experience
                               of key staff members who have successfully completed
                               projects similar to those to be assisted with HOME funds,
                               or

                    ________       contract(s) with Proposer(s) firms or individuals who
                                   have housing experience similar to projects to be
                                   assisted with HOME funds, to train appropriate key staff
                                   of the organization.

C. Has a history of serving the community within which housing to be assisted with HOME
   funds is to be located, as evidenced by:
                     ________      a statement that documents at least one year of
                                   experience in serving the community, OR

                    ________       for newly created organization formed by local
                                   churches, service or community organizations, a
                                   statement that documents that its parent organization
                                   has at least one year of experience in serving the
                                   community.

      NOTE:         The CHDO or its parent organization must be able to show one year of
                    serving the community prior to the date the participating jurisdiction
                    provides HOME funds to the organization. In the statement, the
                    organization must describe its history (or its parent organization’s
                    history) of serving the community by describing activities which it
                    provided (or its parent organization provided), such as, developing new


       RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 34 of 105
                    housing, rehabilitating existing stock and managing housing stock, or
                    delivering non-housing services that have had lasting benefits for the
                    community, such as counseling, food relief, or childcare facilities. The
                    statement must be signed by the president or other official of the
                    organization.

III. ORGANIZATIONAL STRUCTURE

A. Maintains at least one-third of its governing board’s membership for residents of low-
   income neighborhoods, other low-income community residents, or elected
   representatives of low-income neighborhood organizations as evidenced by the
   organization’s:

                    ________       by-laws
                    ________       Charter, OR
                    ________       Articles of Incorporation
                    ________       a list of current board members noting those who
                                   comprise this one-third of the membership

   Under the HOME program, for urban areas, the term “community” is defined as one or
   several neighborhoods, a city, county, or metropolitan area.     For rural areas,
   “community” is defined as one or several neighborhoods, a town, village, county, or
   multi-county area (but not the whole state).

B. Provides a formal process for low-income, program beneficiaries to advise the
   organization in all of its decisions regarding the design, siting, development, and
   management of affordable housing projects, as evidenced by:

                    ________       a written statement of operating procedures approved
                                   by the governing body.

C. A CHDO may be chartered by a State or local government, but the following restrictions
   apply: (1) the State or local government may not appoint more that one-third of the
   membership of the organization’s governing body; (2) the board members appointed by
   the State or local government may not in turn, appoint the remaining two-thirds of the
   board members; and (3) no more than one-third of the governing board members are
   public officials (including any employees of the PJ), as evidenced by the organization’s:


                    ________       by-laws
                    ________       Charter, OR
                    ________       Articles of Incorporation

D. Your organization is not a public body (State or local government) or an instrumentality
   of a public body, as evidenced by the organization’s:




       RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 35 of 105
                      ________       by-laws
                      ________       Charter, OR
                      ________       Articles of Incorporation



IV. RELATIONSHIP WITH FOR-PROFIT ENTITIES

A. If the CHDO is sponsored or created by a for-profit entity, the for-profit entity may not
   appoint more that one-third of the membership of the CHDO’s governing body, and the
   board members appointed by the for-profit entity my not, in turn, appoint the remaining
   two-thirds of the board members, as evidenced by the CHDO’s:

                      ________       by-laws
                      ________       Charter, OR
                      ________       Articles of Incorporation


B. The CHDO is not controlled, nor receives directions from individuals, or entities seeking
   profit from the organization, as evidenced by:

                      ________       The organization’s By-laws, OR
                      ________       A Memorandum of Understanding (MOU)

C. A Community Housing Development Organization may be sponsored or created by a
   for-profit entity, however:

   (1)      The for-profit entity’s primary purpose does not include the development or
            management of housing, as evidenced:

                      ________       in the for-profit organization’s By-laws
            AND;

   (2)      the CHDO is free to contract for goods and services from vendor(s) of its own
            choosing, as evidenced in the CHDO’s:

                      ________       by-laws
                      ________       Charter, OR
                      ________       Articles of Incorporation




         RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 36 of 105
I hereby certify that the information provided is true and accurate to the best of my
knowledge, and agree to provide additional supportive evidence as may be required.



                   __________________________________________________
                              (TYPED NAME)

                   __________________________________________________
                              (AUTHORIZED SIGNATURE)

                   __________________________________________________
                              (DATE)




                        Please mail the requested information to:
          City of Fort Worth, Housing and Economic Development Department
                   1000 Throckmorton Street, Fort Worth, Texas 76102




      RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 37 of 105
                              Exhibit B
                     HUD Area Median Income Table




RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 38 of 105
                                2010 ADJUSTED HOME INCOME LIMITS
                         FORT WORTH-ARLINGTON, TX HUD METRO FMR AREA
                                                 Household Size
                    1         2          3        4          5       6                  7         8
30% LIMITS       $14,150   $16,200    $18,200  $20,200    $21,850 $23,450            $25,050   $26,700
50% LIMITS       $23,600   $27,000    $30,350  $33,700    $36,400 $39,100            $41,800   $44,500
60% LIMITS       $28,320   $32,400    $36,420  $40,440    $43,680 $46,920            $50,160   $53,400
80% LIMITS       $37,750   $43,150    $48,550  $53,900    $58,250 $62,550            $66,850   $71,150




             RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 39 of 105
                              Exhibit C
                        HOME Regulatory Checklist




RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 40 of 105
                                                                                                                                     Date: October 6, 2009
PROJECT NAME:
                                 Regulatory
Regulatory Issue                  Citation    Applicable?         Not Applicable?   Comments / Effect on Project Sponsor
                                                                                    All HOME-funded housing units must be affordable to households
                                                                                    with incomes at or below 80% of Area Median Income. Housing is
Income Eligibility of                                                               generally considered "affordable" if the gross monthly housing
Housing Beneficiaries /                           Always                            payment, including all utilities, taxes, insurance, etc., is less than 30%
Affordability                  92.203            Applicable                         of household monthly gross income.
                                                                                    For HOME-funded Projects with multiple funding sources, a financial
                                                                                    analysis called a "layering analysis" must be conducted to document
                                                  Always                            that the amount of HOME funds invested is needed to make the units
Layering Analysis              92.250(b)         Applicable                         affordable, and not an "over subsidy."
                                                                                    Homeowners and homebuyers assisted with HOME funds must
                                                                                    occupy the property as their principal residence for a period of
                                                                                    affordability from 5 to 15 years, based on the amount of assistance
                                                                                    provided. This is enforced through recapture or resale restrictions
                                              Applicable to All                     filed against the property; generally if the home is sold during the
Affordability Periods:                        Homeownership                         period of affordability, a prorated portion of the original assistance
Homeownership                  92.254(4)         Projects                           amount is recaptured by the granting entity.
                                                                                    HOME-assisted rental housing units must remain affordable for a 5 to
                                                                                    20 year period, depending the per-unit subsidy amount: 5 years for
                                                                                    per-unit subsidies under $15,000, and 20 years for newly constructed
                                                                                    or acquired units. Rent limits and other regulatory restrictions remain
                                                                                    in force regardless of transfer of ownership, and are secured by legal
                                                                                    instrument. Documentation must be maintained to demonstrate that
Affordability Period: Rental                  Applicable to All                     all HOME-assisted units serve Low & Moderate Income families
Housing                        92.252(e)      Rental Projects                       during the affordability period.
                                                                                    Acquisition, construction, site preparation and improvements,
                                                                                    demolition; refinancing costs; Soft costs such as architectural and
                                                                                    engineering services, attorney's fees, appraisals, audits, affirmative
                                                                                    marketing and fair housing services, initial lease-up period reserves
                                                  Always                            (subject to restrictions); relocation costs, and other costs directly
Eligible Project Costs         92.206            Applicable                         related to carrying out an affordable housing project, etc.
                                                                                 HUD regulations advise that HOME funds be invested in "modest"
                                                                                 housing for which the maximum sale price for single family units is no
                                                                                 greater than 95% of the median purchase price for the area. HUD
                                                                                 also establishes maximum per-unit subsidy amounts, which are
                                                                                 adjusted annually based on market conditions. Local grantees must
                                                                                 use a "subsidy layering analysis" to ensure that only the amount of
                                                                                 HOME funds needed to ensure affordability, is invested in any
                                                                                 project, regardless of the authorized maximum per unit subsidy
                                                                                 amount. Also, monthly housing payments must be affordable to
                                                                                 HOME-assisted buyers or tenants, regardless of the level of
                                                                                 authorized sale prices or maximum subsidy amounts. The current
                                                                                 95% of median amount published by HUD is $133,550; the current
                                                                                 maximum per unit subsidy is $194,463. Regardless of HUD-
Regulatory Limitations on                                                        authorized levels, each project-specific per-unit subsidy amount will
Per Unit Subsidy Amount /      92.205 ( c) ;                                     be determined by contract negotiation with the City.
Maximum Sale Price             92.254
New Construction of Multi-                                                       New construction of multi-family units must not increase minority
Family Housing - Site &        92.202 and                                        concentration in areas of current minority concentration, and sites
Neighborhood Standards         983.6(b)                                          must be approved by the local HUD field office
                                                                                 The City is required to provide 12.5% matching funds from non-
                                                                                 federal sources, for each HOME dollar expended; Project Partners
HOME Matching Funds                                                              are generally expected to provide some portion of this Matching
Requirement                    92.218; 92.222                                    requirement. Owner equity is not HOME-eligible match.
                                                                                 As 90% of all HOME-assisted rental units during each fiscal year
                                                                                 must be occupied by households with incomes of 60% of median or
Rental Housing - Income                                                          less, City will take this requirement into consideration when
Targeting                      92.216                                            negotiating agreements with rental housing project developers.

Rental Housing - Lease                                                           Leases for HOME-assisted rental housing must be for at least one
Requirements & Tenant                                                            year, and must ensure basic tenant's rights and protections. There
Protections                    92.253                                            must be a written tenant selection policy.
                                                                                 During the period of affordability, City must make on-site visits at
                                                                                 rental housing to ensure ongoing compliance with property standards
                               92.504
Rental Housing - Onsite                                                          and to verify income eligibility of tenants; the frequency of visits is
Monitoring & Inspections                                                         determined by the number of HOME-assisted units in a project.




                             RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 42 of 105
                                                                                 Rental and homebuyer projects containing 5 or more HOME-assisted
Multi-Unit Projects -                                                            units must implement affirmative marketing steps to access for all
Affirmative Marketing                                                            eligible persons without regard to race, color, national origin, sex,
Requirements                   92.351                                            religion, familial status, or disability.
                                                  Always                         Housing assisted with HOME funds must meet all applicable local
Property Standards             92.251            Applicable                      housing quality standards and building codes.
                                                                                 For a new construction projects, and substantial rehabilitation
                                                                                 projects with 15 or more units, Section 504 requires 5% of the
                                                                                 dwelling units, or at least one unit, whichever is greater, to be
                                                                                 accessible for persons with mobility disabilities. An additional 2% of
                                                                                 the dwelling units, or at least one unit, whichever is greater, must be
Accessibility for the                                                            accessible for persons with hearing or visual disabilities. Additional
Disabled - Section 504 of                                                        provisions may apply depending on the nature and unit composition
Rehabilitation Act of 1973     92.251                                            of the project.
                                                                                 HOME regulations set time limits on commitment and timely
                                                                                 expenditure of funds, therefore City HOME contracts must establish
Time of Performance            92.500(d)1                                        time limits for expenditure of funds and accomplishment of outcomes.

Compensation and Method                           Always                         Grantees generally disburse on a reimbursement basis only; Funds
of Payment                     24 CFR 92.505     Applicable                      may be provided only as needed.
                                                                                 HOME regulations require separate documentation of any revenue
                                                                                 earned from use of HOME grant funds; this income must be used for
                                                                                 HOME-eligible activities. City contracts may require return of these
                               92.503
                                                                                 funds, or restricted use of these funds to designated activities.
                                                                                 Special provisions may apply to program income earned by
Program Income                                                                   Community Housing Development Organizations (CHDOs).
                                                                                 All records of HUD-grant-funded activities must be maintained for a
                                                                                 minimum of five years, and are subject to review by City and HUD
                                                                                 officials at any time. HOME regulations require annual reports on
Record-Keeping and                                Always                         outcomes of all grant-funded activities; City contracts may require
Reporting Requirements         92.508; 92.509    Applicable                      detailed regular reporting to fulfill this requirement.
                                                                                 Programs funded with City HOME funds are subject to both State of
Public Access to Program                          Always                         Texas and federal Freedom of Information Act requirements;
Records                        92.508            Applicable                      members of the public may request any HOME-related documents.




                             RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 43 of 105
                                                                                 Property (including real property) that is purchased with HOME funds
                                                                                 must be used for HOME-eligible purposes. The grantee will use legal
                                                                                 means of enforcement, including filing of notes and deeds of trust, to
                                                                                 ensure that properties purchased with HOME funds are used for
                                                                                 HOME-eligible purposes. If the use of the property changes to an
                                                                                 ineligible use during the period of affordability, the city may require
Reversion of Assets / Real     92.503(2)(vii)                                    that the value of that property be repaid to the City or that the
                                                                                 property be returned to the city.
Property                       and (ix)
                                                                                 Acquisition of real property with HOME funds is governed by
                                                                                 regulations of the Uniform Relocation Act (URA). Purchasers must
                                                                                 notify prospective sellers as soon as they decide to seek federal
                                                                                 grant funding for their project, in a proscribed notice format, of their
                                                                                 intent to provide just compensation and whether or not they have the
                                                                                 authority to exercise eminent domain. Appraisals are generally
                                                                                 required. Templates for the required notice are available from the
                                                                                 City. Regardless of whether tenant displacement will occur, tenants
                                                                                 must also receive City-approved notification letters, also at the time of
Real Property Acquisition:                                                       application for federal grant funding, and at subsequent stages during
Occupied or Un-Occupied                                                          the development process.
Structures                     92.353
                                                                                 Recipients of HOME funding must have acceptable financial
                                                                                 management systems and internal controls; Program or project
                                                  Always                         budgets must include only eligible cost items that are appropriately
Financial Management           92.505            Applicable                      allocated (shared) between federal and non-federal funding sources.
                                                                                 Recipients that receive at least $500,000 in federal funds are
                                                                                 required to submit an A-133 Single Audit to the City within thirty (30)
                                                                                 days of completion and no later than nine (9) months after the end of
                                                                                 the fiscal year. Other recipients must submit financial statements,
                               92.506; OMB                                       IRS 990 forms, or copies of audits performed by independent certified
Audits                         Circular A-133                                    public accountants.
                                                                                 No person involved in a HOME-funded transaction may obtain any
                                                                                 personal financial benefit. Persons involved are defined as
                                                                                 "employees, agents, consultants, officers, elected or appointed
                                                                                 officials" of the City or of subrecipients or contractors receiving
                                                                                 HOME funds, who make decisions or are in a position to gain inside
                                                                                 information regarding the funds. HUD has frequently applied a
                                                  Always                         standard of "perceived benefit" to this requirement, in addition to
Conflict of Interest           92.356            Applicable                      actual financial benefit.


                             RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 44 of 105
                                                                                 Operating subsidies and reserve accounts (past 18 month lease-up
                                                                                 period); matching funds for other federal programs; assistance to
                                                                                 public housing units; further investment in a previously assisted
                                                                                 HOME project within its original affordability period; delinquent taxes,
Prohibited and Ineligible                         Always                         fees or charges; any cost not specifically authorized as an eligible
Activities and Costs                             Applicable                      project or administrative cost.

                                                                                 HUD procurement rules apply to purchasing and contracting by
                                                                                 governmental and non-profit subrecipient entities, but do not
Administrative                                                                   generally apply to private owners and developers, whether for-profit
Requirements and                                                                 or non-profit., except as negotiated by the grantee as appropriate to a
Procurement Methods:           92.505; 24                                        particular project or program. Governmental and subrecipient entities
Governmental Entities and      CFR Parts 84                                      should have written procurement policies, and for contracts over
Non-Profit Organizations       and 85                                            $100,000, should obtain appropriate performance bonds.

                                                                                 HOME regulations specify the provisions that must be included in all
                                                                                 written agreements, including provisions for enforcement of the
                                                                                 period(s) of affordability and monitoring or inspections throughout the
                                                                                 contract period or period of affordability. Generally, such contracts
Written Agreement / Budget                                                       include a budget and project schedule that is sufficiently detailed to
/ Project Schedule /                              Always                         provide a sound basis for the City to effectively monitor performance
Milestones                     92.504            Applicable                      under the agreement.

                                                                                 Federal Labor Standards are triggered on HOME-funded projects
                                                                                 which include construction on 12 or more HOME-assisted housing
                                                                                 units. Under the Davis-Bacon Act, contractors and subcontractors
                                                                                 are required to pay a wage not less than the prevailing wage
Federal Labor Standards: -
Davis Bacon; -Copeland                                                           determinations established by the Department of Labor. These
Act (Anti-kickback); and -                                                       required wages, and accompanying reporting and monitoring
                                                                                 requirements, in some cases increase the costs of federally funded
Contract Work Hours and
                                                                                 construction projects as compared to privately funded construction.
Safety Standards               92.354
                                                                                 Before a contract can be awarded to a general contractor or
                                                                                 subcontractor, HOME regulations require that recipients document
                                                                                 (via the Excluded Parties List System) that debarred or suspended
List of Debarred or                               Always                         contractors or subcontractors do not receive federal funds.
Suspended Contractors          92.350(a)         Applicable                      (www.epls.gov).




                             RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 45 of 105
                                                                               HUD regulations require that projects using HOME funds be reviewed
                                                                               to verify that no negative environmental impact occurs, including
                                                                               potential impacts to neighborhood historic preservation, flood or
                                                                               drainage, traffic patterns, existing wildlife or vegetation, or proximity
                                                                               to hazards, etc. For large projects, this review requires a 30-day
                                                                               public comment period and HUD approval (a total of 45 to 60 days
                                                                               should generally be allowed.) For projects using combined private
                                                                               and HOME funds, no private funds may be expended prior to receipt
HUD Environmental Review     92.352; 24         Always
                                                                               of HUD clearance of the project.
Requirements                 CFR 58            Applicable
HUD Environmental            92.352; 24                                        Properties in a flood plain may be deemed infeasible, or may be
Review: Flood Plain          CFR 58                                            subject to further lengthy review and drainage mitigation processes.
                                                                               The environmental review includes assessment of noise from area
                             92.352; 24                                        roads, railways, etc. Depending on threshold decibel levels,
HUD Environmental            CFR 58                                            construction techniques may need to be modified to mitigate area
Review: Noise Mitigation                                                       noise levels.
HUD Environmental                                                              For properties with structures older than 45 years, the HUD required
                             92.352; 24
Review: Historic                                                               environmental review includes an additional (minimum) 30 days'
                             CFR 58
Preservation                                                                   review by the Texas Historic Commission.
                                                                               Structures built prior to 1978 must be tested for the presence of lead-
                                                                               based paint; all lead hazards must be mitigated or abated depending
Lead Based Paint:                                                              on the extent of hazard and extent of per-unit rehabilitation
Rehabilitation Projects                                                        investment.
                                                                               When tenants or businesses may be displaced as a result of
                                                                               acquisition, rehabilitation, demolition or conversion in a federally-
                                                                               funded project, the developer must have, and implement, a City-
                                                                               approved relocation plan. Tenants or other displaced parties must be
                                                                               notified of the potential for displacement at the time of application for
                                                                               federal funds. (Approved format for this required notice is available
                                                                               from the City.) If actual displacement occurs, relocation payments
Uniform Relocation Act:
                                                                               must be made to displaced parties.
Displacement                 92.353

Uniform Relocation Act
(URA) -One-for-One                                                             If a project includes demolition of occupiable affordable housing units,
Replacement ((Section                                                          one-for-one replacement of comparable affordable units is required
104(d))                      92.353                                            for each unit demolished.




                           RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 46 of 105
                                                                                Specially designated non-profit housing organizations called
                                                                                Community Housing Development Organizations (CHDOs) are
                                                                                eligible for particular flexible provisions of the HOME regulations.
                                                                                CHDOs must be certified by the granting entity as having adequate
                                                                                housing development capacity, a history of service to the community,
                                               Applicable to                    and one-third board membership representing low or moderate
CHDO Certification            92.2             CHDOs Only                       income populations or neighborhoods.
                                                                                CHDOs demonstrating adequate capacity and experience may
                                                                                receive operating cost grants of up to $50,000 per year, and may be
                                                                                eligible for forgivable predevelopment loans to cover the costs of
                                                                                feasibility studies in the affordable housing project planning stage.
                                                                                Such loans may only be forgiven if the project proves infeasible and
CHDO Operating Costs &        92.208;          Applicable to                    does not go forward due to circumstances beyond the CHDO's
Pre-Development Loans         92.300 (c)       CHDOs Only                       control.
Eligible HOME Activities:                      Applicable to                    CHDOs must act as the owner, developer or sponsor of a HOME-
CHDOs                         92.205(a)        CHDOs Only                       funded project.

                                                                                CHDO housing developers may retain program income earned from
                                                                                development activity, to develop further affordable housing units, if
                                                                                authorized by their City Contract. After the first program income
                                                                                (CHDO Proceeds) is re-invested and results in additional housing
                                                                                units and further revenue, this "second-time-around" revenue loses
                                               Applicable to                    its federal identity and no longer carries with it many of the HOME
CHDO Proceeds                 92.300(a)(2)     CHDOs Only                       regulatory requirements that remain with HOME program income.
CHDO Rental Housing:                                                            Rental housing developed, owned and operated by a CHDO, must
Tenant Participation                           Applicable to                    follow a program of tenant participation in management decisions,
Requirement                   92.303           CHDOs Only                       and a grantee-approved grievance procedure.




                            RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 47 of 105
              Exhibit D
City of Fort Worth CHDO Procedures
                                CITY OF FORT WORTH
                                        CHDO
                                  Program Guidelines



                            TABLE OF CONTENTS

SECTION I.         DEFINITIONS ………………………………….…                                2

SECTION II.        PROGRAM ADMINISTRATION …………………                             2

SECTION III.       APPLICANT ELIGIBILITY……………………….                            2

SECTION IV.        PROGRAM REQUIREMENTS……………………                               3

SECTION V.         OPERATING COST FUNDING…………………..                            4

SECTION VI.        PROJECT FUNDING ……………….……..….……                            4

SECTION VII.       REQUEST FOR PROPOSAL ………..……………                            5

SECTION VIII.      REPORTING/RECORD KEEPING………………                             6

SECTION IX.        ADDITIONAL REQUIREMENTS………………..                            6

SECTION X.         DEFAULT / SANCTIONS ………………………….                            7




      RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 49 of 105
                                 City of Fort Worth
                                         CHDO
                            Policy and Procedures Guidelines


                               SECTION I.     DEFINITIONS

Definitions:

Affordable Housing – housing that serves households at or below 80% AMI
AMI – Area Median Income
CHDO – Community Housing Development Organization (CHDO)
CITY OF FORT WORTH CHDO – CHDO certified through the City of Fort Worth
HED – Housing and Economic Development Department
HOME - HOME Investment Partnership Program (24 CFR Part 92).
HUD – U. S. Department of Housing and Urban Development
Income Eligible Households – households where the total gross income does not
exceed 80% AMI for the City of Fort Worth, as defined in 24 CFR Part 5
Program – City of Fort Worth Community Housing Development Organization (CHDO)
Program
Program Office – Neighborhood Planning Development Division , 1000 Throckmorton,
Fort Worth, TX 76102
Project Agreement – an approved Program activity or activities funded under a written
agreement or contract

                     SECTION II. PROGRAM ADMINISTRATION

Program Authority: The City of Forth Worth Housing and Economic Development
Department, Neighborhood Planning Development Division (NPDD) administers the
Community Housing Development Organization (CHDO) program utilizing the 15%
HOME funds “set-aside”. These guidelines are set forth by the City of Fort Worth to
assist CHDOs, however HUD regulations take precedence.

Program Purpose: The Program is designed to assist non-profit housing developers
that have been building homes within the Tarrant County for a minimum of one year.

Program Fund Sources: The Program is funded under the HOME Investment
Partnership Program 15% CHDO “set-aside” and is governed by City and HOME (24
CFR Part 92) regulations.




       RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 50 of 105
                        SECTION III. APPLICANT ELIGIBILITY

General: The City of Fort Worth retains the exclusive right to make a final determination
of applicant eligibility in order to access Program funding. Assistance will not be
provided to an applicant who does not meet or comply with all Program requirements.

Organizational Requirements: Eligibility requirements for organizations seeking City of
Fort Worth CHDO certification include, but are not limited to the following:
      1. Organizations must have office(s) in Fort Worth, Texas; and
      2. Active CHDOs are required to be recertified annually and must be a City of
          Fort Worth certified CHDO at the time of project application; and
      3. Organizations must meet the federal certifications requirements of a CHDO
          (24CFR92):
              a. Legal and tax exempt status
              b. Financial management capability and accountability
              c. Staff capacity to carry out HOME funded activities
              d. At least one year experience serving community where housing activity
                  will be undertaken
              e. Community representation on its board, with at least one-third of the
                  members low-income or representing low-income areas
              f. Lack of for-profit or public control
              g. Must have a stated commitment to developing affordable housing; and
                  organizations must agree to access City CHDO set aside funding to
                  increase affordable housing opportunities for income eligible
                  households
      4. The Applicant must not have any past due obligations or past due debts to
          the City of Fort Worth or the Forth Worth Housing Finance Corporation. Past
          due debts will be required to be in a paid status before the City of Fort Worth
          will consider funding a CHDO. In addition, the CHDO may not have any
          unresolved contract compliance issues with the City of Fort Worth.

                      SECTION IV: PROGRAM REQUIREMENTS

Project-Based Requirement: All funding provided to certified CHDOs must relate to and
result in the production of affordable housing units within the CHDO service area. All
CHDO funding requests must meet the applicable eligibility requirements under HOME
funding, as well as the applicable Program guidelines. A project (location, housing
specifications etc) must be identified at the time of application to the Program for City
funding. Eligible types of projects include:
        1. Acquisition, rehabilitation or new construction of rental housing units
        2. Acquisition, rehabilitation or new construction of homebuyer properties

Fund Availability: The City of Fort Worth is under no obligation to process any
application if it has been determined there are insufficient or unavailable Program funds.




       RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 51 of 105
Procurement: Funding will be made available on a competitive basis. Requests For
Proposals (RFPs) will be accepted annually on November 1st. For the 2009-2010
CHDO funding cycle, additional funds may be available and may be awarded prior to
June 1, 2010.

Program Service Area: In the application for certification, CHDOs must define a
service area boundary and any subsequent proposed project must be within that service
area.




       RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 52 of 105
                      SECTION V. OPERATING COST FUNDING

Eligible Operating Costs An Applicant may apply for operating financial assistance that
is reasonable and necessary for the operation of the CHDO as it relates to and results
in affordable housing development. The City of Fort Worth determines eligible activities
and costs. These costs include:
        1. salaries, wages, and other employee compensation and benefits (car
           allowance are not eligible cost)
        2. employee education, training, and travel (associated with training and/or
           associated with the CHDO’s affordable housing production)
        3. rent and utilities
        4. communication costs (telephones, fax machines, internet, cell phones,
           photocopy expense)
        5. taxes and insurance
        6. equipment, materials and supplies used solely for the operation of the CHDO
        7. continued upkeep and maintenance of CHDO-owned infill housing, developed
           under current active contract

Limitation on Operating Funds: A CHDO will not receive funding for operations for any
fiscal year in an amount that provides more than 50 percent or $50,000, whichever is
less, of the CHDO’s total operating expenses in that fiscal year. This also includes
organizational support and housing education provided under 92.333(b)(1), (2), (6) of
the Act, as well as funds for operating expenses under 92.208.

                          SECTION VI. PROJECT FUNDING

Environmental Review and Fund Release Requirement for Eligible Activities: The
CHDO project is subject to all applicable federal environmental review requirements (24
CFR 58). The City will determine the level of an environmental review. The
environmental review and determination is required as a condition to contracting for
Program activities. From the time of application until receipt of HUD Release of Funds
and issuance of a City “Notice to Proceed” no land purchase (with private or federal
funds), no site work, and no construction may take place. In other words, no funds
(private or federal) related to the project may be expended.

Funding Limits: The Project application will be approved through the Request for
Proposal (RFP) process with a funding amount.

Disbursement: Disbursement of Operating and Project funds will be on a reimbursed
based on milestones, as set forth in the Project Agreement.

Annual Organization Funding Limits: Each CHDO may enter into one Program Contract
with the City of Fort Worth for CHDO Program for funding between June 1st and May
31st.

Development of Cost Allocation Plan: CHDO’s shall be required to develop and submit
a cost allocation plan.


       RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 53 of 105
CHDO Proceeds: CHDO Proceeds are defined per the HUD definition at 24 CFR
92.300 and calculated using the latest HUD approved worksheet (see attached). Upon
closing of the housing unit to an income eligible buyer, Proceeds will be retained by the
City, to be used to by the CHDO to complete contract requirements and develop
additional affordable housing units. After the completion of contract, any remaining
Proceeds may be retained by the CHDO.

Additional Expenditure Requirements: Allowable expenditures must follow the
applicable cost requirements under OMB A-122 and 24 CFR Part 84.

Ineligible Costs: Ineligible costs of the Program include, but are not be limited to the
following:
        1. Operating expenses incurred by a CHDO acting as a sub-recipient or
           contractor under the HOME Program. (See 92.208.a.)
        2. Food, beverages, entertainment, or other promotional items
        3. Lobbying
        4. Legal fees to be used against or to defend against the Program
        5. Unspecified or unapproved costs by the Program
        6. General operating costs of the organization not approved by the Program;
        7. Organizational operating costs deemed by the Program as not related to or
           will not facilitate the development or creation of affordable housing
           opportunities for income eligible households
        8. Any costs that are ineligible under applicable federal, state or local laws, rules
           or ordinances.

                   SECTION VII. REQUEST FOR PROPOSAL (RFP)

General: The applicant must complete an Application Package as described in the
Request for Proposal (RFP) process. CHDO and Project eligibility will be reviewed
throughout the application process.

Information Accuracy: Applicant is subject to all laws requiring accuracy of information
provided for participation in the CHDO Program. Title 18, Section 1001 of the U.S.
Code states that a person is guilty of a felony for knowingly and willingly making false or
fraudulent statements to any department of the United States Government. An
applicant who knowingly and willingly makes false statements or who knowingly and
willingly provides false information on the application and during the RFP process will
be barred from participation in the CHDO Program.

Application Evaluation Criteria: The RFP criteria include, but are not limited to, the
following:
       1. Organizational Strength and Stability: The ability of the organization to
           achieve the stated goals, including expertise of staff, financial stability, Board
           composition, and partnerships or collaborations that strengthen an
           organization’s ability to achieve housing development and production goals.



       RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 54 of 105
       2. Track Record: The organization’s participation and positive, successful
          impact in the low-income community that the organization serves; and the
          organization’s past completion of affordable housing units and/or significant
          progress towards completion of current projects.
       3. Housing Production Plan: The organization must provide their housing
          production plan for the next 24 months. Projects that are “shovel” ready may
          be given a higher priority than those in the planning stages.
       4. Project Location:
                 a. Projects located within the “Central City Target Area” will be ranked
                     higher than those located outside “Central City Target Area”.
                     Proximity to transit, schools, shopping, employment centers, and
                     existing infrastructure may be given additional points.
                 b. Projects located in “Targeted Development Areas” may be given
                     additional points.
       5. Amount and type of award will be based on the organizational capacity of the
          CHDO, housing development ability, and available funds.
       6. The Applicant must not have any past due obligations or past due debts to
          the City of Fort Worth or the Forth Worth Housing Finance Corporation.

Right to Accept or Reject: The City retains the right to accept or reject all or any part of
an Applicant’s proposal. Should only a portion of an Applicant proposal be considered
for funding, the City retains the right to modify, change or reduce the award of funding.

Application Package Denial/Closure: If an RFP application has been reviewed and
denied, the Application Package will be considered closed. If a CHDO wishes to be
considered for future funding, the CHDO may submit a new application under the next
RFP cycle.


                    SECTION VIII. REPORTING/RECORD KEEPING

Program Performance Measurement: For the compliance purposes the following
definitions will be used:
        1. pending project applications shall be defined as applications received through
           the RFP process but not approved for funding
        2. approved project applications shall be defined as project applications that
           have been approved for funding and have an executed Conditional
           Commitment letter.
        3. executed contracts shall be defined as approved project applications closed
           and funded
        4. completed contracts shall be defined as executed contracts whose terms and
           conditions have been met in compliance with all City and HUD regulations.

Project Monitoring: The HED Compliance Division shall be responsible for monitoring
contract performance. The Compliance Division will monitor in compliance with the City
of Fort Worth Monitoring Plan as specified in the current annual Action Plan.



       RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 55 of 105
File Retention: All approved Program Application Packages will be retained for a
minimum of five (5) years from the date of project completion.

                      SECTION IX. ADDITIONAL REQUIREMENTS

Non Discrimination: It is the policy of City of Fort Worth that it does not discriminate on
race, color, religion, sex, familial status, national origin, sexual orientation or disability.
The Program will operate in accordance with all applicable federal, state and local Fair
Housing and Equal Opportunity laws and regulations.

The Program is committed to compliance with the Americans with Disabilities Act (ADA)
and Section 504 of the Rehabilitation Act of 1973, as amended. Reasonable
modifications and equal access to communications will be provided upon request.
Please call 817-392-8856 (TTDY/TTY) or Relay Texas at 1-800-735-2989 (TDD) for
assistance.

The City of Fort Worth does not discriminate on the basis of disability in the admission,
access to, treatment or employment in its programs and activities. The City of Fort
Worth Disabilities Office is located at 1000 Throckmorton. If you have any questions or
complaints regarding your Section 504/ADA rights, please call the Disabilities
Coordinator 817-392-8552 or 817-392-8856 (TTY).

Conflict of Interest: The Program is governed by federal Conflict of Interest regulations
(see 24 CFR 92.356). Any other federal, state, or local rules, ordinances, or regulations
concerning ethics and conflict of interest may also apply.

Uniform Administrative Requirements: Funded CHDO organizations must comply with
all applicable federal administrative requirements. These requirements may include, but
are not limited to the following:
           1. OMB Circular A-110
           2. 24 CFR Part 84
           3. OMB Circular A-133

                          SECTION X. DEFAULT / SANCTIONS

Disqualification of Applicants: Applicants may be disqualified from participating in the
Program for any of the following reasons which may include but are not limited to:
      1. Any applicant, at any stage of the Program process, who knowingly presents
           false or misleading information, makes false statements, or misrepresents
           himself or herself or their financial condition to the Program and/or staff will be
           disqualified from the Program for three (3) years.
      2. Any applicant who has been debarred from participation in federal programs
           will be permanently barred from the Program.




        RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 56 of 105
Compliance Resolution: As a result of a determination by the Program that a funded
CHDO has incurred ineligible costs or conducted ineligible activities or has violated the
terms and conditions of its written Program agreement, the Program has the authority to
take necessary and appropriate corrective action. Those actions can include, but not be
limited to any one or combination of the following administrative actions:
       1.     Withhold further payments to the organization
       2.     Conduct an immediate on site monitoring review of the Project by the
              Program
       3.     Temporarily suspend activities with the organization under the contract
              until corrective action is taken
       4.     Terminate the agreement with the organization
       5.     Debar the organization from further participation in the Program
       6.     Request a review or investigation by local or federal authorities
       7.     Report the agency as an organization not in good standing with the City.

Repayment of Funds: After the City has provided reasonable time and opportunity for a
non-compliant organization to take necessary and appropriate corrective actions, the
City has the authority to require repayment of all Project funds. Should the organization
fail to repay project funds at the request of the City, the Program may refer the matter to
the City’s Legal Department for further action?




       RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 57 of 105
                                Exhibit E
           City of Fort Worth CHDO Project Contract Template




RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 58 of 105
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                  (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 ("HUD") through the HOME Investment Partnerships Program ("HOME"), Program No. M-
09-MC-480204 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. (the "HOME Regulations" or "Regulations") 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 (hereinafter defined);

WHEREAS, CHDO, a Texas non-profit corporation managed by a volunteer Board of Directors and
qualified as a Community Housing Development Organization according to HUD Regulations, is working
to increase the number of quality, accessible, and affordable housing units available to low and moderate
income persons;

        WHEREAS, CHDO submitted a proposal to use HOME Community Housing Development
Organizations funds for an eligible project under the HOME Regulations whereby CHDO will construct
                         located at                             in the City of Fort Worth, to be sold to
HOME Eligible Buyers who will use the house(s) as their Principal Residence during the Affordability
Period ("Project");

       WHEREAS, City citizens and the City Council have determined that the development of quality,
accessible, and affordable housing is needed for moderate, low, and very low-income citizens of Fort
Worth;

        NOW, THEREFORE, in consideration of the mutual covenants and obligations and
responsibilities contained herein, including all Exhibits and Attachments, and subject to the terms and
conditions hereinafter stated, the Parties understand and agree as follows:

1.0     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 Agreement.


2.0     DEFINITIONS

        In addition to terms defined in the body of this Agreement, the following terms shall have the
        definitions ascribed to them as follows:
        Affordable House means a house for which the homebuyer’s monthly payment of principal,



        RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 59 of 105
       interest, property taxes and insurance does not exceed thirty percent (30%) of the homebuyer’s
       monthly adjusted income, nor is lower than sixteen percent (16%) of the homebuyer’s monthly
       adjusted income, for an individual or family with an income at or below eighty percent (80%) of
       AMI, adjusted for family size. In the case of new house construction, the percentage of the
       homebuyer’s monthly adjusted income shall not exceed thirty-two percent (32%) of the
       homebuyer’s monthly adjusted income.

Affordability Period means the period of time that a house purchased or constructed with HOME Funds
must remain affordable and subject to recapture provisions for the affordability periods described in 24
CFR Part 92.254 of the HOME Regulations. Housing assisted with HOME Funds must remain affordable
housing for the following minimum periods:
                        Five (5) years where the per-unit amount of HOME Funds provided is less than
                           $15,000;
                        Ten (10) years where the per-unit amount of HOME Funds provided is $15,000
                           to $40,000; and
                        Fifteen (15) years where the per-unit amount of HOME Funds provided is
                           greater than $40,000.
Based on the developer's subsidy, if any, and homebuyer down payment or closing cost assistance of up
to $8,500 that CHDO is providing the homebuyer, the Affordability Period for this Project is
         years.

CHDO Proceeds are proceeds from the sale of the Required Improvements, minus any development
subsidy and/or repayment of construction financing. The following examples shall be used as guides to
determine CHDO Proceeds.

       (a)     If HOME Funds are less than the total cost to construct, and fair market value is the same
               as the total cost to construct, CHDO Proceeds are equal to the amount of HOME Funds.
               For example:
               Total construction cost = $100,000.
               Construction is funded by $75,000 of HOME Funds and $25,000 of CHDO's own funds or
               third party loan.
               Fair market value and sales price = $100,000
               CHDO Proceeds = $75,000.

       (b)     If HOME Funds are less than the total cost to construct, and fair market value is the same
               as the total cost to construct, but the sales price is less than fair market value, CHDO
               Proceeds are equal to the amount of the sales price, but the amount subject to recapture
               is the full fair market value.
               For example:
               Total construction cost = $100,000.
               Construction is funded by $75,000 of HOME Funds and $25,000 of CHDO's own funds or
               third party loan.
               Fair market value = $100,000
               Sales price = $60,000
               CHDO Proceeds = $60,000

       (c)     If a house is constructed using only HOME Funds, and the fair market value is less than
               the HOME Funds, the CHDO Proceeds are equal to the fair market value. For example:
               Total construction cost, funded with HOME Funds = $100,000.
               Fair market value and sales price = $80,000.
               CHDO Proceeds = $80,000.

       (d)     If a house is constructed using only HOME Funds, and the fair market value is less than
               the HOME Funds, and the sales price is less than fair market value, the CHDO Proceeds
               are equal to the sales price, but the amount subject to recapture is the full fair market
               value.


        RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 60 of 105
                For example:
                Total construction cost, funded with HOME Funds = $100,000.
                Fair market value = $80,000.
                Sales price = $60,000
                CHDO Proceeds = $60,000



Community Housing Development Organization shall be defined as set forth in 24 CFR 92.2, as may be
amended from time to time.

Complete Documentation means a report or reports in a form reasonably acceptable to City that contains
a summary of all HOME eligible costs expended for the Required Improvements with the following
supporting documentation: (i) copies of invoices for all completed work and other documents necessary to
demonstrate that such amounts were actually paid, including without limitation, final lien waivers signed
by the general contractors or appropriate subcontractors; (ii) copies of all City permits issued for such
work and City-issued "pass" inspections for such work; (iii) documentation to show compliance with
M/WBE bidding process for such work, as applicable; (iv) Attachments I, II, III, IV, IV(a) and V and (v) any
other document or records reasonably necessary to verify costs expended for such work.

Completion shall mean the substantial completion of the Required Improvements, as evidenced by a City
Final Inspection approval or HQS Inspection Approval issued by the Housing and Economic Development
Department.

Completion Deadline means                        . Notwithstanding anything to the contrary herein, the
Completion Deadline may not be extended beyond                          , whether or not on account of
any Force Majeure Event, unless HUD provides written authorization for City to use funds from the grants
after                     , in which case the Completion Deadline may be extended by the aggregate
number of days comprising the Force Majeure Event up to a date not later than thirty (30) calendar days
prior to the deadline established by HUD in such written authorization.

Director means the Director of the Housing and Economic Development Department of City.

HOME Funds means City's ______ HOME funds supplied by City to the CHDO under the terms of this
Contract.

HOME Eligible Buyer means a homebuyer whose annual income adjusted for family size does not
exceed eighty percent (80%) of the area median income ("AMI") established by HUD and using the most
current HUD Income Guidelines and Technical Guidance for Determining Income and Allowances. The
definition of annual income to determine homebuyer eligibility under this Contract shall be the definition
contained in 92 CFR Part 203(b)(2) as amended from time to time.

Loan Documents means appropriate security instruments including without limitation, notes, deeds of
trust, security agreements, pledges or other similar security instruments securing City's interest in the
house(s) constructed under this Contract.


Principal Residence is the property that will be occupied by the homeowner for the majority of the
calendar year.

Required Improvements mean the construction by the CHDO of ___ single family house(s).

3.0     TERM AND EXTENSION
        3.1   Term
              The term of this Contract begins on the date of execution by the Parties (the "Effective
              Date") and terminates one (1) year thereafter except for (i) any applicable obligations



         RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 61 of 105
            relating to the Affordability Period as hereinafter described and (ii) the use of CHDO
            Proceeds pursuant to Section 4.5, both of which shall survive termination.

      3.2   Extension
            This Contract may be extended for up to two months upon CHDO requesting an
            extension in writing at least sixty (60) days prior to the end of the Contract term. The
            request for extension shall include CHDO’s anticipated budget and goals and objectives
            for the extended term. It is specifically understood that it is within City’s sole discretion
            whether to approve or deny CHDO’s 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 designee. The extension of the term of this Contract does not automatically effect a
            change to the Completion Deadline; an extension to the Completion Deadline must be
            obtained in accordance with Section 2, Definitions, Completion Deadline.

4.0   CHDO OBLIGATIONS AND GOALS

      4.1   CHDO Certification
            4.1.1 Requirements Met. CHDO certifies that it meets all requirements set forth in 24
                  CFR 92.2 for being a community housing development organization, in that it is a
                  private nonprofit 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;

                    (3) Is neither controlled by, nor under the direction of, individuals or
                        entities seeking to derive profit or gain from the organization. A
                        Community Housing Development Organization 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 (1/3) 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 (2/3) of the board members; and

                             (iii) The community housing development organization must be free to
                                   contract for goods and services from vendors of its own choosing;

                    (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);

                    (5) Does not include a public body (including the participating jurisdiction);

                    (6) 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;

                    (7) Maintains accountability to low-income community residents by:
                            (i) Maintaining at least one-third (1/3) of its governing board's
                                membership for residents of low-income neighborhoods, other low-



      RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 62 of 105
                           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 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;

                 (8) Has a demonstrated capacity for carrying out activities assisted with HOME
                     funds; and

                 (9) Has a history of serving the community within which housing to be assisted
                     with HOME funds is to be located.

4.1.2   Community Housing Development Organization Status. CHDO has a continuing,
        ongoing duty to provide City with any documentation or information in regard to its status
        as a Community Housing Development Organization. CHDO shall provide City with any
        information and documentation regarding any change in its status as a Community
        Housing Development Organization or as a 501(c)(3) tax exempt entity within one (1)
        business day of said change. CHDO shall provide to City an annual board roster and
        certification of continued status as a Community Housing Development Organization.
        The failure of CHDO to maintain its status as a Community Housing Development
        Organization shall result in reversion of assets to the City and termination of this Contract
        pursuant to Section 7.12 below.

4.2     Real Property Improvements

        4.2.1    Required Improvements
                 In accordance with the terms and conditions of this Agreement, CHDO shall
                 construct the "Required Improvements" to be sold to a HOME Eligible Buyer(s)
                 who will use the house as its Principal Residence during the Affordability Period.
                 City shall provide up to                                  and No/100 Dollars
                 ($__________________.00) of HOME Funds to complete the construction of the
                 Required Improvements. The Required Improvements will be constructed in
                 accordance with the specification as shown in Exhibit A – Summary.

        4.2.2.  Construction Schedule
                CHDO will construct the Required Improvements in accordance with the
                schedule set forth in the attached Exhibit "B" - Timeline, and ensure that
        program goals and expenditures correspond with the Completion of the Project
        by the Completion Deadline. CHDO's failure to begin construction work within
        one (1) month of the execution of this Contract shall result in automatic
        termination of this Contract in accordance with Section 7.1.1 of this Contract.
        Any other changes or adjustments to the Timeline must be submitted in writing,
        along with the reasons therefore, and approved in advance by City.


4.3     Use of HOME Funds

        4.3.1.   Budget
                 CHDO shall use the HOME Funds provided by City as follows:
                 (a)_____________for hard and _____________soft construction costs (“Project
                 Costs”) and (b) $8,500.00 for down payment assistance to homebuyers. CHDO
                 agrees that these HOME Funds will be expended in accordance with Exhibit "C"



RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 63 of 105
               - Budget. CHDO may not increase or decrease line-item amounts in the Budget
               without City's prior written approval.

      4.3.2.   Expenditures in Compliance with HOME Regulations
               CHDO shall be reimbursed for the construction of the Required Improvements
               with HOME Funds only if the costs are eligible expenditures in accordance with
               HOME Regulations. Further, CHDO must comply with project requirements in 24
               CFR Part 92 Subpart F – Project Requirements.

      4.3.3.   Security for City’s Interest.
               To secure City’s interest in the house(s) to be constructed in the event that
               CHDO is unable for any reason to fully complete its obligations under this
               Contract, CHDO shall execute and record Loan Documents on the lot or lots on
               which the houses will be constructed, and on any such additional lots developed
               with CHDO Proceeds, within one week of executing this Contract or acquiring the
               lot to be developed, whichever is later. City agrees to execute partial releases of
               such Loan Documents as may be necessary to allow CHDO to complete its
               obligations under this Contract provided that CHDO is not
               otherwise in default of the provisions of this Contract including but not limited to
               those provisions relating to homebuyer eligibility under both City and HOME
               Program requirements.

4.4   Payment of HOME Funds to CHDO
      HOME Funds will be disbursed to CHDO on a reimbursement basis upon CHDO’s written
      and signed request for reimbursement and submission of Complete Documentation to
      City in accordance with Exhibit "D" – Timeline, attached hereto and made apart hereof
      for all purposes.

4.5   Use of CHDO Proceeds

      4.5.1    CHDO Proceeds to be used to Construct Additional House
               Upon the sale of the Required Improvements developed by CHDO to a HOME
               eligible buyer, CHDO may retain the CHDO Proceeds. CHDO shall deposit
               CHDO Proceeds into an interest bearing account that is in the name of the
               CHDO, but which requires signatures of both CHDO and City's designated
               representative(s) to withdraw funds. CHDO Proceeds shall be used to construct
               one (1) additional single family house to be sold to a HOME Eligible Buyer within
               one year ("Additional House"), however, this deadline can be extended for up to
               one year with prior written approval by City. CHDO Proceeds may only be used
               for HOME eligible expenses other than operating expenses. Unless otherwise
               agreed to by the parties, if CHDO, using CHDO Proceeds, completes
               construction of the Additional House during the term of this Contract and any
               extensions hereof, it may retain all remaining sales proceeds from the sale of the
               Additional House to be used at its discretion free of any HOME or City
               requirements. Financial reports on all CHDO Proceeds and interest earned as a
               result of use of the HOME Funds shall be reported to City on a monthly basis
               during the term of this Contract until the CHDO Proceeds have been used to
               construct and sell the Additional House.

      4.5.2.   Disposition of CHDO Proceeds When not Used to Construct Additional Homes
               If CHDO does not build the Additional House as required under this Contract for
               any reason, or if the CHDO Proceeds are not expended within one year, the
               CHDO Proceeds in the interest bearing account, together with all interest earned,
               shall be returned to City to be deposited in City's HOME Investment Trust Fund
               local account.




RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 64 of 105
        4.5.3.   Prohibition of Commingling.
                 CHDO shall not commingle HOME Funds or the CHDO Proceeds with any other
                 funds in any manner that would prevent City from readily identifying expenditures
                 for the Project.

        4.5.4.   Survival.
                 The requirements of this Section 4.5 shall survive the termination or expiration of
                 this Contract.

 4.6    Housing Construction with HOME Funds

        4.6.1    Construction to Conform to All Applicable Laws, Building Codes and Ordinances.
                 All plans, specifications and construction on houses assisted with HOME Funds
                 under this Contract shall (i) conform to all applicable Federal, state and local
                 laws, ordinances, rules and regulations, including HOME Regulations, (ii) meet
                 all City building codes, (iii) be certified as meeting the Energy Conservation
                 requirements as required by the State of Texas in Chapter 11 of the International
                 Residence Code; and (iv) pass inspection by City Housing and Economic
                 Development Department inspectors.

        4.6.2    Property Standards and Lead Paint Requirements.
                 CHDO shall comply with the requirements contained in 24 CFR Part 92.251 as
                 relates to Property Standards and Housing Quality Standards (HQS), and
                 Accessibility Standards under 24 CFR Part 92.251 (a)(3) as applicable, in the
                 construction of the houses built under this Contract.

        4.6.3.    Approval by City Not Release of Requirement.
                 Approval of any plans and specifications relating to the house(s) built under this
                 Contract by City shall not constitute or be deemed (i) to be a release of the
                 responsibility or liability of CHDO or any of its contractors, their respective
                 officers, agents, employees and subcontractors, for the accuracy or the
                 competency of the plans and specifications, including, but not limited to, any
                 related investigations, surveys, designs, working drawings and specifications or
                 other documents, or (ii) an assumption of any responsibility or liability by City for
                 any negligent act, error or omission in the conduct or preparation of any
                 investigation, surveys, designs, working drawings and specifications or other
                 documents by CHDO or any of its contractors, and their respective officers,
                 agents, employees and subcontractors.

        4.6.4    Approval by City of Subcontractors.
                 CHDO shall ensure that all subcontractors utilitized by CHDO or CHDO's general
                 contractor in the construction of the Required Improvements be appropriately
                 licensed and not be disbarred or suspended from performing the subcontractor's
                 work within the City of Fort Worth or the State of Texas. CHDO shall submit in
                 writing information regarding all subcontractors utilized by CHDO or by CHDO's
                 general contractor in the construction of the Required Improvements. In the
                 event that City determines that any subcontractor has been disbarred,
                 suspended, or are not properly licensed, CHDO or CHDO's general contractor
                 shall immediately cause the subcontractor to stop work on the Required
                 Improvements. However, this Section should not be construed to be an
                 assumption of any responsibility or liability by City for the determination of the
                 legitimacy, quality, ability, or good standing of any subcontractor.

4.7     Sale of Home to HOME Eligible Buyer




  RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 65 of 105
      4.7.1     Sale Price of House.
               The sale price of each house constructed and sold under this Contract shall not
               exceed ninety-five percent (95%) of the median sales price of the same type of
               single-family housing located within City as determined by HUD. The sale price
               of each house shall not exceed the appraised value of such house as determined
               by an independent, licensed appraiser. The estimated value and estimated
               purchase price of each Required Improvement shall be set forth in writing in
               Exhibit "E" – House Value and Price, attached hereto and made apart hereof for
               all purposes.

      4.7.2     Homebuyer
               All homebuyers who purchase a house constructed with HOME Funds must also
               be a HOME Eligible Buyer. In addition, CHDO will ensure that all homebuyers
               complete a homeownership training and counseling program prior to the
               completion of their purchase of a house constructed under the Contract. This
               requirement will be evidenced by a completion certification from a HUD Certified
               Housing Counseling Agency only. A copy of the certification shall be provided to
               the City.

      4.7.3    Contract between CHDO and Homebuyer. CHDO and homebuyers must also
               enter into an agreement, in a form substantially the same as that attached as
               Exhibit "F" – CHDO/Homebuyer Contract, attached hereto and made apart
               hereof for all purposes, which sets forth the applicable HOME Regulations
               relating to use of the HOME funds, affordability restrictions, recapture provisions,
               and enforcement provisions.

      4.7.4    Verification of Principal Residency. City shall verify the homebuyer's Principal
               Residence on an annual basis by obtaining from the homebuyer a self-
               certification on residency.

      4.7.5.    Affordability Period.
               Housing assisted with HOME Funds under this Contract will remain affordable for
               the Affordability Period. CHDO shall inform buyer of affordability requirement in
               writing at sales contract signing and at closing and will provide City with
               documentation of this notification to City. The recapture provisions will remain in
               effect on houses constructed or purchased in whole or in part with HOME Funds
               for the Affordability Period. Houses constructed with the HOME Funds provided
               by this Contract must remain the homebuyer’s Principal Residence during the
               Affordability Period. If the homebuyer retains ownership of the house and
               continues to occupy it as homebuyer’s Principal Residence for the full
               Affordability Period, no further recapture restrictions will apply. Any sale of the
               house by the homebuyer during Affordability Period will require repayment of the
               deferred payment loan or other subsidy provided in accordance with HOME
               Regulations, 24 CFR Part 92.254 (a) (4). Homebuyer shall be required to notify
               City in writing prior to the sale or transfer of the Required Improvement during the
               Affordability Period.

      4.7.6.    Recaptured Funds.
               The CHDO/Homebuyer Contract referenced in Section 4.7.3 above shall state
               that if the homebuyer sells the house during the Affordability Period, all $ _____,
               plus any additional closing cost or down payment assistance provided to
               homebuyer pursuant to Section 4.9.1, shall be considered "Recaptured Funds"
               under 24 CFR Part 92.254(a)(5)(ii)(A)(5) and must be repaid to City for use in
               eligible HOME projects as required by 24 CFR Part 92.503 from Net Proceeds.
               Net Proceeds of a sale, whether voluntary or involuntary, are defined as the




RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 66 of 105
               sales price of the property minus loan repayment (other than HOME Program
               funds) and any closing costs, or as otherwise defined in the Home Regulations.


      4.7.7.   Notes and Mortgages.
               CHDO shall assure that any Deeds, Notes and Mortgages are recorded for
               homebuyers and shall be in compliance with 24 CFR 92.254.

      4.7.8.   CHDO to Provide Settlement Statements and Loan Documents.
               Prior to each closing, CHDO will provide to City the estimated settlement
               statement, along with a reconciliation statement. The reconciliation statement
               shall account for the pro-rata share of HOME Funds to the individual house, and
               identify those funds that are to be lent to the buyer as "Buyer subsidies" secured
               by the HOME note and deed of trust, the pro-rated HOME development funds
               that are to be forgiven as "Development subsidies" and the amount of developer
               fee or CHDO sales proceeds to be retained from settlement funds.

      4.7.9    Sale of Improvements
               If CHDO does not sell the additional house to a HOME Eligible Buyer within one
               (1) year of the completion of construction, CHDO shall convey the unsold
               house(s) to City at no cost to the City to be sold by City to an income-eligible
               buyer(s).

      4.7.10 Contract between City and Homebuyer
             The sale of each Required Improvement is contingent upon the execution of a
             written agreement between City and the homebuyer relating to the HOME funds,
             affordability restrictions, recapture provisions, and enforcement provisions.

4.8   Marketing

      4.8.1    Company Must Adopt Marketing Procedures
               CHDO must adopt affirmative marketing procedures and requirements for all
               housing assisted with HOME Funds as required by 24 CFR 92.351 if the project
               involves the construction of five (5) or more houses. The procedures and
               requirements must include methods for informing the public, owners and
               potential homebuyers about fair housing laws and policies so as to ensure that all
               individuals, without regard for sex, age, race, color, creed, nationality, national
               origin, religion, handicap status, disability, familial status, sexual orientation,
               gender identity, gender expression or transgender, are given an equal
               opportunity to participate in the Project. CHDO will be solely responsible for the
               effective marketing responsibilities necessary to achieve CHDO’s production
               goals.

      4.8.2.   City Approval.
               All CHDO marketing procedures related to this Contract are subject to approval
               by City. CHDO shall submit to City its marketing plan for City approval consistent
               with City affirmative marketing programs for HOME assisted projects.

4.9   Home Buyer Assistance

      4.9.1.   Home Buyer Assistance Program
               To ensure that the affordability requirements are met, CHDO shall provide the
               HOME Eligible Buyer purchasing a Required Improvement a minimum of
               $8,500.00 from the HOME Funds provided to CHDO in the form of closing cost
               and/or down payment assistance. City will assist CHDO with the CHDO
               providing direct assistance for closing cost and/or down payment assistance by



RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 67 of 105
                administering CHDO’s HOME Funds for down payment and closing cost
                assistance. Homebuyer eligibility shall be determined by City in City’s sole
                discretion using City Homebuyer Assistance Program ("HAP") guidelines and
                HOME Program requirements, and City shall enter into an agreement directly
                with the homebuyer for the administration of the down payment and closing cost
                assistance. CHDO shall timely provide City with all documents and information
                necessary for City to process the closing cost and down payment assistance,
                especially the verification of home buyer eligibility. In addition, CHDO may utilize
                HOME Funds from this Contract to provide additional closing cost and/or down
                payment assistance for each house if such funds are needed to make the house
                affordable to the homebuyer and such funds are available. Homebuyers may
                apply for additional HAP funds from City but the total amount of closing
                cost/down payment assistance provided with HOME Funds from both CHDO
                and/or City shall not exceed a combined total of FOURTEEN THOUSAND NINE
                HUNDRED NINETY-NINE AND NO/100 DOLLARS ($14,999.00) per homebuyer.
                Homebuyer assistance funds will be disbursed at the closing of the sale of the
                house from CHDO to a HOME Eligible Buyer following verification of the
                homebuyers’ income eligibility under the HOME Program and processing of the
                homebuyer’s application for HAP. Requests for these funds must be made thirty
                (30) days prior to closing.

       4.9.2.   Note Payable to City.
                To secure recapture of the HOME Funds, CHDO will ensure that all homebuyers
                for the houses assisted with HOME Funds under this Contract will execute a
                Note payable to City secured by a recorded Deed of Trust in the amount of
                closing cost and/or down payment assistance provided to that homebuyer. City
                will prepare the Note and Deed of Trust and will furnish such loan documents to
                the title company closing the sale of the house. CHDO will furnish copies of such
                executed Notes and recorded Deeds of Trust to City upon closing of the sale of
                the houses. City’s HAP Note and Deed of Trust shall be subordinate to any first
                lien purchase money mortgage.


4.10   Additional HOME Requirements
       CHDO agrees to comply with all requirements of the HOME Program as stated in 24 CFR
       Part 92, including, but not limited to the following:

       4.10.1 Environmental Review.
              HOME Funds will not be paid, and costs cannot be incurred until City has
              conducted and completed an environmental review of the proposed Project site
              as required under 24 CFR Part 58. The environmental review may result in a
              decision to proceed with, modify, or cancel the Project. Further, CHDO will not
              undertake or commit any funds to physical or choice limiting actions, including
              property acquisition, demolition, movement, rehabilitation, conversion, repair or
              construction prior to the environmental clearance, and any violation of this
              provision will result in the denial of any funds under the Contract.

       4.10.2. Contract Not Constituting Commitment of Funds or Site Approval
               Notwithstanding any provision of this Contract, the parties agree and
               acknowledge that this Contract does not constitute a commitment of funds or site
               approval, and that such commitment of funds or approval may occur only upon
               satisfactory completion of environmental review and receipt by City of a release
               of funds from HUD under 24 CFR Part 58.

       4.10.3 Compliance with the Uniform Relocation Act




RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 68 of 105
               If the Project location is occupied at the time of this Contract, CHDO shall comply
               with the relocation requirements of 24 CFR Part 92.353 and all other applicable
               federal and state laws and city ordinances and requirements.

       4.10.4. Monitoring

               4.10.4.1.CHDO understands and agrees that it will be subject to monitoring by
                       City for compliance with the HOME Regulations for the duration of the
                       Affordability Period and until the Project is closed in HUD's IDIS system.
                       CHDO will provide reports and access to Project files as requested by
                       City during the Affordability Period and for five (5) years after closeout of
                       this Contract in HUD's IDIS system, and will meet all the reporting
                       requirements set out in this Contract. This Section shall survive the
                       termination or expiration of this Contract.

               4.10.4.2.City shall have access at all reasonable hours to the CHDO’s offices
                       and records dealing with the use of the HOME Funds that are the basis
                       of this Contract, its officers, directors, agents, employees, and
                       contractors for the purpose of such monitoring.

               4.10.4.3.CHDO agrees to likewise monitor the effectiveness of the services and
                       work to be performed by its contractors and subcontractors.

       4.10.5. Recapture
               City reserves the right to recapture HOME Funds provided under this Contract in
               the event City determines that CHDO will be unable to expend all HOME Funds
               within the term of the Contract.

4.11   CHDO Procurement Standards.
       CHDO shall establish procurement procedures to ensure that materials and services are
       obtained in a cost effective manner. When procuring for services to be provided under
       this Contract, CHDO shall comply at a minimum with the nonprofit procurement
       standards at 24 CFR Part 84.40 through 24 CFR Part 84.48.

4.12   Cost Principles/Cost Reasonableness
       CHDO shall administer their use of HOME Funds in compliance with OMB Circular
       A-122, "Cost Principles for Non-Profit Organizations", as amended from time to time

4.13   Terms Applicable to Contractors
       CHDO understands and agrees that all terms of this Contract shall apply to any and all
       contractors of CHDO which are in any way paid with HOME Funds or who perform any
       work in connection with CHDO's program.

4.14   Sponsorship of CHDO by Other Entities
       Any CHDO that is sponsored by another entity, whether for profit or non profit, must
       ensure that the following requirements are met:

       4.14.1. Accounting system and procedures must be sufficient to allow for implementation
               of separate CHDO financial systems and preparation of specific financial reports
               demonstrating appropriate cost allocations.

       4.14.2. If the sponsoring entity provides services in support of CHDO’s program, projects
               or activities, there must be a clear written agreement between the sponsoring
               entity and the CHDO spelling out roles, responsibilities and compensation, a
               copy of which must be provided to City prior to disbursement of HOME Funds to
               CHDO.



RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 69 of 105
5.0   REPORTING AND DOCUMENTATION REQUIREMENTS
      In the performance of this Agreement, CHDO shall develop a record-keeping system and shall
      promptly provide City with copies of any document City deems necessary for the effective
      fulfillment of City’s monitoring and evaluation responsibilities and the reposts and documents
      outlined below. Specifically CHDO will keep or cause to be kept an accurate record of all actions
      taken and all funds expended, with source documents.

      5.1.    Performance Report – Documentation for Household Served
              CHDO shall obtain and keep on file the following information on each household served
              by the Program in accordance with the attached Attachment IV (a) - Performance
              Report:
              a. Annual income and size of the household of which the client is a member;
              b. Ethnicity and race of the client, using one of the following categories: Ethnicity:
                  Hispanic/Latino or Non Hispanic/Latino Race: White, Black/African American, Asian;
                  American Indian/Alaskan Native & Hawaiian/Other Pacific Islander, American
                  Indian/Alaskan Native & White, Asian & White, Black/African American & White,
                  American Indian/Alaskan Native & Black/African American, Other Multi-Racial;
              c. Whether the head of the client's household is male or female; and
              d. Additional statistical information as may be required by HUD regulations and any
                  amendments thereto:

      5.2.    Performance Report- Documentation on Individual Project
              CHDO shall keep on file the following information and documentation on each individual
              house constructed under this Agreement:
              a. Proof that the Project meets the applicable property standards;
              b. The per unit amount of HOME Funds invested;
              c. Compliance with the affirmative marketing requirements and existence of acceptable
                   procedures;
              d. Compliance with relocation requirements;
              e. Records indicating whether or not any contractors or subcontractors performing work
                  under this Contract were Minority and/or female owned, and if so, the contract
                  amounts;
              f. Records demonstrating actions taken to affirmatively further fair housing aims in the
                   sale of the houses; and
              g.
              h. Compliance with conflict of interest rules.


      5.3.    Performance Report - Documentation for Each Individual Loan. CHDO shall keep on file
              copies of the following loan documentation for each individual loan:
              a. Sales Contract between seller and buyer;
              b. Appraisal;
              c. Environmental review;
              d. Housing Quality Standard Inspection Checklist
              e. Closing Settlement Statement (HUD-1);
              f. Warranty Deed;
              g. First Lien Promissory Note;
              h. First Lien Deed of Trust
              i. Subordinate Promissory Note;
              j. Subordinate Deed of Trust;
              k. Mortgagee’s Title Policy;
              l. Homeowner’s Insurance Policy;
              m. Survey;
              n. Termite inspection (if applicable);
              o. Lead Based Paint Disclosure (if any);



      RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 70 of 105
               p. Notice To Seller (the Guide Form Notice);
               q. Contract between CHDO and homebuyer pursuant to Section 4.7.3;and
               r. Contract between City and homebuyer pursuant to Section 4.7.10.

      5.4.     Monthly Report.
               By the 15th day of each month during the term of this Agreement, CHDO shall provide
               City with the following reports:
             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, Attachment III - Expenditures Worksheet, and Attachment
                 V – Program Income Report; and
             c. The amount of leveraging generated by this grant;
             d. Items that qualify as HOME Match, in accordance with HUD guidance in CPD 97-03.
                 Documentation for HOME Match purposes shall include, but not be limited to, copies of
                 donation checks and commitment letters referencing that the donation is made as a
                 “permanent contribution to affordable housing”, sign-in sheets for volunteer hours
                 worked referencing the Project address, letters from professionals providing discounted
                 services referencing their “permanent contribution to affordable housing”, and other
                 appropriate detailed records documenting the dollar value and extent of contribution to
                 the HOME-assisted housing units.

      5.5      Report Format
               Reports shall be submitted in the format specified by City.

      5.6.     Records to be Kept.
               Complete Documentation shall be kept for the time period specified in Section 4.10.4.1.

      5.7.     Withholding Payment.
               IF THE REQUIRED REPORTS AND APPROPRIATE SUPPORTING
               DOCUMENTATION ARE NOT RECEIVED BY THE DUE DATE, CITY SHALL
               WITHHOLD PAYMENTS REQUESTED UNDER THIS CONTRACT.

6.0   DUTIES AND RESPONSIBILITIES OF CITY

      6.1.     City Will Provide HOME Funds.
               City will provide HOME Funds for use as stated herein. City will monitor the use of the
               HOME Funds at least annually to ensure that they are being used appropriately or more
               often as City deems necessary and in conformance with the provisions of this Contract
               and the HOME Regulations. Provided that CHDO submits Complete Documentation to
               the Director with respect to the Required Improvements, City will pay CHDO HOME
               Funds within fifteen (15) calendar days following the date of receipt of such Complete
               Documentation equal to the lesser of (i) one hundred percent (100%) of the HOME Funds
               for each house as shown on Exhibit C, and as verified by City in its review of the
               Complete Documentation submitted, or (ii) $                         of such contract costs.
               If CHDO fails to submit such Complete Documentation on or before                    _,
               CHDO will not be entitled to receive any portion of the HOME Funds payable under this
               Contract.

      6.2.     Inspections.
               All work items must pass inspection by City’s Housing and Economic Development
               Department inspectors as evidenced by a completed inspection form to be furnished by
               City prior to the release of HOME Funds.




      RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 71 of 105
        6.3   City Will Monitor.
              City will monitor the activities and performance of CHDO and its contractors as
              necessary, but no less than annually as required by the HOME Regulations, 24 CFR Part
              92.504. City will monitor the performance of CHDO in regard to compliance with
              completion of tasks, duties and responsibilities as required under this Contract.


7.0    DEFAULT AND TERMINATION

      7.1     Failure to Begin or Complete the Required Improvements

              7.1.1   If CHDO fails to begin construction within one (1) month of the execution of this
                      Contract, the Contract shall result in automatic termination of this Contract
                      without further warning or opportunity to cure, and at no penalty or liability to City.

              7.1.2   If City determines that the Required Improvements were not completed by the
                      Completion Deadline, City shall have the right to terminate this Contract with no
                      penalty or liability to CHDO effectively immediately upon provision to CHDO of
                      written notice of such intent.

       7.2.   Failure to Submit Required Reports
              If CHDO fails to submit any report required by Section 5, City will notify CHDO in writing
              and the CHDO will have thirty (30) calendar days from the date of receipt of the written
              notice to submit any such report to City. If the CHDO fails to submit any such report
              within such time, City shall have the right to terminate this Contract effective immediately
              upon provision to the CHDO of written notice of such intent with no penalty or liability to
              City. Notwithstanding anything to the contrary herein, City will not be required to pay any
              HOME Funds to CHDO during the term that a report required by Section 5 is past due.

       7.3    In General
              Subject to Section 7.1 and 7.2 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 thirty (30) calendar
              days following receipt of written notice by City referencing this Contract or, if CHDO has
              diligently and continuously attempted to cure following receipt of such written notice but
              reasonably required more than thirty (30) calendar days to cure, as determined by both
              Parties mutually and in good faith, City shall have the right to elect, as determined in
              City’s sole discretion, one of the remedies contained in Section 7.9 or terminate this
              Agreement effective immediately upon provision of written notice of such intent to CHDO.
              In the event of termination, all grant funds awarded to CHDO pursuant to this Contract
              shall be immediately revoked and any approvals related to the Project that is/are the
              subject of this Contract shall be immediately deemed revoked and canceled.

       7.4.   No Funds Disbursed while in Breach.
              CHDO understands and agrees that no HOME Funds will be paid to CHDO until all
              defaults are cured to the satisfaction of City.

       7.5.   No Compensation After Date of Termination.
              In the event of termination, CHDO shall not receive any compensation for work
              undertaken after the date of the termination.

       7.6.   Rights of City Not Affected.
              Termination shall not effect or terminate any of the rights of City as against CHDO then
              existing, or which may thereafter accrue because of such default, and the foregoing
              provision shall be in addition to any and all other rights and remedies available to City
              under the law and any notes or mortgages (if in effect), including, but not limited to,



        RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 72 of 105
        compelling CHDO to complete the Project in accordance with the terms of the Contract.
        Such termination does not terminate any applicable provisions of this Contract that have
        been expressly noted as surviving the term or termination of the Contract.

7.7     Waiver of Breach Not Waiver of Subsequent Breach.
        The waiver of a breach of any term, covenant, or condition of this Contract shall not
        operate as a waiver of any subsequent breach of the same or any other term, covenant
        or condition hereof.

7.8     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.

7.9.    City Options for Cure of Breach.
        If CHDO fails to cure the breach within the time stated in the notice, City may take any of
        the following actions:
        a.       Temporarily withhold disbursements pending correction of the deficiency;
        b.       Disallow all or part of the cost of the activity or action not in compliance;
        c.       Accept CHDO’s failure to comply or correct any deficiency or breach within the
                 time period specified as evidence of CHDO’s inability to perform under the terms
                 of this Contract and intent to terminate this Contract and surrender all rights to
                 any remaining HOME Funds;
        d.       Withhold any other HOME awards from CHDO or any affiliates; and
        e.       Pursue any other legal remedies available to City to ensure compliance with this
                 Contract and the Loan Documents.

7.10.   Termination for Cause.
        City may terminate this Contract in the event of CHDO’s default, inability, or failure to
        perform, or otherwise whenever such termination is determined by City to be in City's
        best interest. Likewise, CHDO may terminate this Contract if City does not provide the
        HOME Funds in accordance with this Contract.

7.11    Termination for Convenience

        In accordance with 24 C.F.R. 85.44, this Contract may be terminated in whole or in part
        only as follows:

        (a) By City with the consent of CHDO in which case the two parties shall agree upon the
        termination conditions, including the effective date and in the case of partial termination,
        the portion to be terminated, or

        (b) By the CHDO upon written notification to City, setting forth the reasons for such
        termination, the effective date, and in the case of partial termination, the portion to be
        terminated. However, if, in the case of a partial termination, City determines that the
        remaining portion of the Contract to be performed or HOME Funds to be expended will
        not accomplish the purposes for which the Contract was made, City may terminate the
        Contract in its entirety under either Section 7.9 or paragraph (a) of this section.


7.12    Dissolution of CHDO Terminates Contract.
        In the event CHDO is dissolved or ceases to                  exist, all property, real
        or personal, acquired by HOME Funds provided under this Contract will automatically
        transfer to City and this Contract shall terminate.




RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 73 of 105
       7.13    Unused Home Funds to be Returned to City after Termination
               CHDO shall return to City any HOME Funds deposited in the interest bearing escrow
               account as provided in Section 4.5.1, including any interest earned, within thirty (30) days
               of the effective date of Contract termination.


       7.14.    Reversion of Assets If Contract Terminates
               In the event this Contract is terminated with or without cause, for any reason whatsoever,
               all assets acquired with HOME Funds used in the development of the house(s) under the
               Project including cash, interest payments from loans or otherwise, all outstanding notes,
               mortgages or other security instruments used to secure HOME Funds, any accounts
               receivable attributable to the use of HOME Funds, and any real property owned by
               CHDO that was acquired or improved with HOME Funds shall belong to City and shall be
               transferred to City or to such assignees as City may designate.

8.0    SURVIVAL
             Any provision of this Contract that pertains to affordability, tenant eligibility, and City
             Building Codes, ordinances and housing quality standards, as well as any applicable
             HOME requirements shall survive the termination of this Contract and shall be governed
             by the HOME Regulations and the provisions of the TDHCA LURA, if applicable, as well
             as the Loan Documents securing affordability.

9.0    REPAYMENT OF HOME FUNDS

               All HOME Funds are subject to repayment in the event the Project does not meet the
               Project requirements as set out in this Contract and its Exhibits. It is expressly
               understood that upon the completion of this Project, any HOME Funds reserved but not
               expended under this Contract will revert to City.

10.0   GENERAL PROVISIONS

       10.1.    CHDO Independent Contractor
               CHDO shall operate hereunder as an independent contractor and not as an officer,
               agent, servant or employee of City. CHDO shall have exclusive control of, and the
               exclusive right to control, the details of the work and services performed hereunder, and
               all persons performing same, and shall be solely responsible for the acts and omissions
               of its officers, members, agents, servants, employees, contractors, Project participants,
               licensees or invitees.

        10.2. Doctrine of Respondent Superior
              The doctrine of respondent superior shall not apply as between City and CHDO, its
              officers, members, agents, servants, employees, contractors, Program participants,
              licensees or invitees, and nothing herein shall be construed as creating a partnership or
              joint enterprise between City and CHDO. It is expressly understood and agreed that no
              officer, member, agent, employee, contractor, licensee or invitee of CHDO, nor any
              Program participant, 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 CHDO, its officers,
              members, agents, employees, contractors, Program participants, licensees or invitees.

       10.3    Religious Organization
               The performance of this Contract shall not involve and no portion of the funds received by
               CHDO hereunder shall be used in support of any sectarian or religious activity. HOME
               funds may not be provided to primarily religious organizations, such as churches, for any
               activity including secular activities. In addition, HOME funds may not be used to
               rehabilitate or construct housing owned by primarily religious organizations or to assist
               primarily religious organizations in acquiring housing. However, HOME funds may be


       RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 74 of 105
        used by a secular entity to acquire housing from a primarily religious organization, and a
        primarily religious entity may transfer title to property to a wholly secular entity and the
        entity may participate in the HOME Program in accordance with the requirements of 24
        CFR Part 92. The entity may be an existing or newly established entity, which may be an
        entity established by the religious organization. The completed housing project must be
        used exclusively by the owner entity for secular purposes, available to all persons
        regardless of religion. In particular, there must be no religious or membership criteria for
        tenants of the property.

10.4.   Audit

        10.4.1.    Entities that Expend $500,00 or more in Federal Funds Per Year
                   All non-federal entities that expend $500,000 or more in Federal funds within
                   one year, regardless of the source of the Federal award, must submit to City
                   an annual audit prepared in accordance with specific reference to OMB
                   Circular A-133. The audit may cover either CHDO'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. CHDO's audit
                   certification is attached hereto as Exhibit "G" – "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 (CHDO’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
                   CHDO's total agency operating budget, however if CHDO
                   would like to use HOME Funds allocated under this Contract. CHDO must
                   receive written authorization to do so. 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.

        10.4.2.    City Reserves the Right to Audit
                   City reserves the right to perform an audit of CHDO'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
                   CHDO agrees to allow access to all pertinent materials as described in
                   Section 5. Record Retention and reports. If such audit reveals a questioned
                   practice or expenditure, such questions must be resolved within fifteen (15)
                   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 and/or future contract(s) with CHDO. If as a result of
                   any audit it is determined that CHDO has misused, misapplied or
                   misappropriated all or any part of the HOME Funds, CHDO agrees to
                   reimburse 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.

10.5    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.

10.6    Governing Law
        In any questions involving state law, for any action, whether real or asserted, at law or in



RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 75 of 105
        equity, arising out of the execution, performance or non-performance of this Contract, in
        any issue not governed by federal law, the choice of law shall be the law from the State
        of Texas.

10.7     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.

10.8    Written Agreement Entire Agreement
        This written instrument and the Exhibits and Attachments 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 executed by each Party to this
        Contract

10.9    Paragraph Headings for Reference Only, No Legal Significance
        The paragraph headings contained herein are for convenience in reference to this
        Contract and are not intended to define or to limit the scope of any provision of this
        Contract.

10.10   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.) and the
                related Executive Order 11738. In no event shall any amount of the assistance
                provided under this Contract be utilized with respect to a facility that has given
                rise to a conviction under the Clean Air Act or the Clean Water Act.
               Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.)
                specifically including the provisions requiring employer verifications of legal
                status of its employees



RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 76 of 105
               The American 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
               Regulations at 24 CFR Housing and Urban Developments, Part 92 Home
                Investments Partnership Program


                Requirement that Law Be Quoted in Covered Contracts. – Certain Requirements
                Pertaining to Section 3 of the Housing and Urban Development Act of 1968 as
                amended (12 U.S.C. Sections 1701 et seq.) and its related regulations at 24 CFR
                Part 135

                If the work performed under this Contract is on a project assisted under a
                program providing direct Federal financial assistance from HUD, Section 3 of 24
                CFR 135.38 ("Section 3") requires         that the following clause, shown initalics,
                be inserted in all covered contracts ("Section 3 Clause"):

Section to be quoted in covered contracts begins:
“A.      The work to be performed under this contract is subject to the requirements of
Section 3 of Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
section 1701u (Section 3). The purpose of Section 3 is to ensure that employment and
other economic opportunities generated by HUD assisted or HUD-assisted projects
covered by Section 3, shall to the greatest extent feasible, be directed to low- and very-
low income persons, particularly persons who are recipients of HUD assistance for
housing.
B.       The parties to this contract agree to comply with HUD’s regulations in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this contract,
the parties to this contract certify that they are under no contractual or other impediment
that would prevent them from complying with the Part 135 regulations.
C.       The contractor agrees to send to each labor organization or representative of
workers with which it has a collective bargaining agreement or other understanding, if
any, a notice advising the labor organization or workers’ representatives of the
contractor’s commitments under this Section 3 clause and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training
and employment positions can see the notice. The notice shall describe the Section 3
preference, shall set forth minimum number and job titles subject to hire, availability of
apprentice and training positions, the qualifications for each; and the name and location
of the person(s) taking applications for each of the positions; and the anticipated date the
work shall begin.
D.       The contractor agrees that it will include this Section 3 clause in every
subcontract to comply with regulation in 24 CFR Part 135, and agrees to take appropriate
action, as provided in an applicable provision of the subcontract or in this Section 3
clause, upon finding that the subcontractor is in violation of the regulations in 24 CFR
Part 135. The contractor will not subcontract with any subcontractor where it has notice




RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 77 of 105
or knowledge that the subcontractor has been found in violation of regulations in 24 CFR
135.
E.       The contractor will certify that any vacant employment positions, including
training positions that are filed: (1) after the contractor is selected but before the contract
is executed, and (2) with persons other than those to whom the regulations of 24 CFR
Part 135. The contractor will not subcontract with any subcontractor where it has notice
or knowledge that the subcontractor has been found in violation of regulations in 24 CFR
135.
F.       Noncompliance with HUD’s regulation in 24 CFR Part 135 may result in
sanctions, termination of this contract for default, and debarment or suspension from
future HUD assisted contracts.
G.       With respect to work performed in connection with Section 3 covered Indian
housing assistance, section 7(b) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. section 450e) also applies to the work to be performed under
this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians, and (ii) preference in
the award of contracts and subcontracts shall be given to Indian organizations and
Indian-owned Economic Enterprises. Parties to this contract that are subject to the
provisions of Section 3 and Section 79b) agree to comply with Section 3 to the maximum
extent feasible, but not in derogation of compliance with Section 7(b).”
Section to be quoted in covered contracts ends.

City and CHDO understand and agree that, if applicable to the Project, compliance with the
provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and
orders of HUD shall be a condition of the Federal financial assistance provided to the Project
binding upon City and CHDO, and their respective successors, assigns and the contractors.
Failure to fulfill these requirements shall subject CHDO and its contractors and their respective
successors and assigns to those sanctions specified by the grant agreement through which
Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135.

10.11. Prohibition Against Discrimination

        10.11.1. 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
                Section 17-88 of the City of Fort Worth Code of Ordinances. 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, or Project participants to engage in such
                discrimination.

        10.11.2.No Discrimination in Employment during the Performance of this Contract
                During the performance of this Contract CHDO agrees, and will require all its
                contractors to agree, as follows:

                 [Contractor’s Name] 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 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



RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 78 of 105
                 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
                 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 Name] will, in all solicitations or advertisements for employees
                 placed by or on behalf of [Contractor’s Name], state that all qualified applicants
                 will receive consideration for employment without regard to race, color, sex,
                 gender, religion, national origin, familial status, disability or perceived disability,
                 sexual orientation, gender identity, gender expression or transgender.

                 [Contractor’s Name] covenants that neither it nor any of its officers, members,
                 agents, employees, Project participants or contractors, while engaged in
                 performing this Contract, shall, in connection with the employment, advancement
                 or discharge of employees or in connection with the terms, conditions or
                 privileges of their employment, discriminate against persons because of their age
                 or because of any disability or perceived disability, except on the basis of a bona
                 fide occupational qualification, retirement plan or statutory requirement.

                 [Contractor’s Name] further covenants that neither it nor its officers, members,
                 agents, employees, contractors, Project participants, or persons acting on their
                 behalf, shall specify, in solicitations or advertisements for employees to work on
                 this Contract, a maximum age limit for such employment unless the specified
                 maximum age limit is based upon a bona fide occupational qualification,
                 retirement plan or statutory requirement.

        10.11.3.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 OR CONTRACTORS AGAINST CITY ARISING OUT OF
                CHDO'S AND/OR ITS CONTRACTORS' 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 CHDO hereby covenants and
                 agrees that CHDO, its officers, members, agents, employees and contractors,
                 have fully complied with all provisions of same and that no employee, applicant
                 or Project participant has been discriminated against under the terms of such
                 ordinances by either or its officers, members, agents, employees or contractors.

10.12. Prohibition Against Interest / Conflict of Interest

        10.12.1 CHDO shall establish safeguards to prohibit its employees, board members,
                advisors and agents from using positions for a purpose that is or gives the



RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 79 of 105
                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.

        10.12.2 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 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 (1) year thereafter, unless they are accepted in
                accordance with the procedures set forth at 24 C.F.R. § 92.356.

        10.12.3 CHDO affirms that it will adhere to the provisions of the Texas Penal Code which
                prohibits bribery and gifts to public servants.

        10.12.4.In the procurement of property and services by CHDO, the conflict of interest
                provisions of 24 CFR Part 8536 and 24 CFR Part 84.42, respectively, shall apply.
                In all cases not governed by those sections, the provisions of 24 CFR Part
                92.356 of the HOME Regulations shall apply.

10.13. Labor Standards

        10.13.1As applicable, CHDO agrees to comply with the requirements of the Secretary of
               Labor in accordance with the Davis-Bacon Act (40 U.S.C. 276a-276a-5) as
               amended, the provisions of Contract Work Hours and Safety Standards Act (40
               U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and
               regulations pertaining to labor standards insofar as those acts apply to the
               performance of this Contract. CHDO agrees to comply with the Copeland Anti-
               Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the
               U.S. Department of Labor at 29 CFR Part 5. CHDO shall maintain
               documentation that demonstrates compliance with hour and wage requirements
               of this Contract and HOME Regulations. Such documentation shall be made
               available promptly to City for review upon request.

       10.13.2CHDO agrees that, except with respect to the rehabilitation or construction of
              residential property containing less than twelve (12) units assisted with HOME
              funds, all contractors engaged under contract in excess of $2,000.00 for
              construction, renovation or repair work financed in whole or in part with assistance
              provided under this Contract, shall comply with Federal requirements adopted by
              City pertaining to such contracts and with the applicable requirements of the
              regulations of the Department of Labor under 29 CFR Parts 1, 3, 5 and 7
              governing the payment of wages and ratio of apprentices and trainees to journey
              workers; provided that, if wage rates higher than those required under these
              regulations are imposed by state or local law, nothing hereunder is intended to
              relieve CHDO of its obligation, if any, to require payment of the higher wage.
              CHDO shall cause or require to be inserted in full, in all such contracts subject to
              such regulations, provisions meeting the requirements of this paragraph.

10.14. Minority and Women Business Enterprise Commitment
       CHDO agrees to abide by City’s policy to involve Minority and Women Business
       Enterprises ("M/WBEs") in all phases of its procurement practices and to provide them
       equal opportunity to compete for contracts for construction, provision of professional


RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 80 of 105
               services, purchase of equipment and supplies and provision of other services required by
               City. Therefore, CHDO agrees to incorporate City Ordinance No. 15530, and all
               amendments or successor policies thereto, into all contracts and subcontracts and will
               further require all persons or entities with whom it contracts to comply with said
               ordinance.

       10.15. Other Laws
              The listing of the various applicable laws governing this Contract is only a guide and is
              not given for the purpose of limiting CHDO‘s responsibilities in regard to following all
              applicable laws. The failure to list any federal, state or city 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.

       10.16. 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.

       10.17. Right to Inspect Contractor Contracts
              It is agreed that City has the right to inspect and approve in writing any proposed
              contracts between CHDO and any contractor engaged in any activity in conjunction with
              this HOME funded Project prior to any charges being incurred.

       10.18. Force Majeure
              If CHDO becomes unable, either in whole or part, to fulfill its obligations under this
              Agreement due to acts of God, strikes, lockouts, or other industrial disturbances, acts of
              public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires,
              floods, restraints or prohibitions by any court, board, department, commission or agency
              of the United States or of any States, any arrests and restraints, civil disturbances, or
              explosions, or some other reason beyond such 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. 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. CHDO will use commercially reasonable
              efforts to remedy its inability to perform as soon as possible. Failure to give notice will
              result in the continuance of the CHDO's obligation regardless of the extent of any existing
              Force Majeure Event.


11.0   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,



       RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 81 of 105
       WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE
       EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF
       THIS CONTRACT AND AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND
       SERVICES OF THE PROJECT DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN
       WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
       EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. CHDO 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 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.

12.0   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.

13.0   INSURANCE AND BONDING

       CHDO 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 CHDO'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
       there under shall be made directly to City for the use and benefit of CHDO.

       CHDO shall furnish to City, in a timely manner, but not later than ten days after CHDO has signed
       the Contract, certificates of insurance as proof that it has secured and paid for policies of
       commercial insurance as specified herein. Such insurance shall cover all insurable risks incident
       to or in connection with the execution, performance, attempted performance or nonperformance
       of this Contract. CHDO shall maintain, or require its general contractor to maintain, the following
       coverages and limits thereof:




       RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 82 of 105
                        Commercial General Liability (CGL) Insurance
                        $500,000 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”
                         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. In the
                         event the respective contractors do not maintain coverage, CHDO shall
                         maintain the coverage on such contractor for each applicable contract.

                         Directors and Officers Insurance
                         Optional (Highly Recommended)
                         Note: This insurance shall cover CHDO and any associated Board of
                         Directors members.



Additional Requirements
Such insurance amounts shall be revised upward at City’s option and that CHDO shall revise
such amounts within thirty (30) days following notice to CHDO of such requirements.

CDHDO will submit to City documentation that it, and its general contractor, has obtained
insurance coverage and has executed bonds as required in this Contract prior to payment of any
monies provided hereunder.

Each insurance policy shall be endorsed to provide City with a minimum sixty (60) days notice of
cancellation, non-renewal, and/or material change in policy terms or coverage.

Insurance policies required herein shall be endorsed to include City as an additional insured as its
interest may appear. Additional insured parties shall include employees, officers, agents, and
volunteers of City.

The Workers’ Compensation Insurance policy shall be endorsed to include a waiver of
subrogation, also referred to as a waiver of rights of recovery, in favor of City.




RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 83 of 105
       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 Program, 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 insureds (as their interest may
       appear) on their respective insurance policies.

       CHDO shall require its builder to maintain builders risk insurance at the value of the construction.

14.0   CERTIFICATION REGARDING LOBBYING

       The undersigned representative of CHDO 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 CHDO,
       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, 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.


15.0   NOTICE

       All notices required or permitted by this Contract must be in writing and are deemed delivered on
       the earlier date of the date actually received or the third day following (i) deposit in a Untied States



        RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 84 of 105
       Postal Service post office or receptacle; (ii) with proper postage, certified mail return receipt
       requested; and (iii) addressed to the other Party at the address set out below or at such other
       address as the receiving Party designates by proper notice to the sending Party.

       City:                                                     Copy to:
       City Manager’s Office                                     City Attorney's Office
       1000 Throckmorton Street                                  1000 Throckmorton Street
       Fort Worth, TX 76102                                      Fort Worth, TX 76102
       Telephone:                                                Telephone: 817-392-7600
       Fax:                                                      Fax: 817-392-8359
       Email:


       CHDO
       Contact[
       Company name]
       [Company address]
       Telephone:
       Fax:
       Email:


       15.1.   Agents:
               City:
               Phone:
               Email:

               CHDO:
               Phone:
               Email:




16.0   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.




                              [SIGNATURES APPEAR ON NEXT PAGE]




        RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 85 of 105
IN WITNESS WHEREOF, the Parties hereto have executed four copies of this Contract in Fort Worth,
Tarrant County, Texas, this ______ day of __________________, 20____.

ATTEST:                                              CITY OF FORT WORTH

____________________________                    By:________________________________
City Secretary                                      T.M. Higgins, Assistant City Manager
M& C:_________________
Date:__________________

APPROVED AS TO FORM AND LEGALITY:

_______________________________
Assistant City Attorney




                                                By:________________________________
                                                    __________, President
STATE OF TEXAS             §
COUNTY OF TARRANT §
   This instrument was acknowledged before me on _______________________, 2010 by
_________________, Assistant City Manager, of the City of Fort Worth, on behalf the City of Fort Worth,
a person who is personally known to me or who presented valid identification.
                                               ___________________________________
                                               Notary Public, State of Texas



STATE OF TEXAS                      §
COUNTY OF TARRANT                   §
   This instrument was acknowledged before me on _______________________ by               ,    a    person
personally known to me or who presented valid identification, President of
   , a Texas non-profit corporation, who hereby certifies that he has authority to sign contracts and bind
said company to such contract, on behalf of said corporation.
                                                 ___________________________________
                                                 Notary Public, State of Texas




        RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 86 of 105
                               Exhibit F
       City of Fort Worth CHDO Operating Costs Project Template




RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 87 of 105
                                  CHDO OPERATING EXPENSE CONTRACT

        This contract ("Contract") is made and entered into by and between the City of Fort Worth
(hereafter "City") and                  (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 ("HUD") through the HOME Investment Partnerships Program ("HOME"), Program No. M-
09-MC-480204 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. (the "HOME Regulations" or "Regulations") 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 (as set forth in 24 CFR 92.2, as may be amended from time to time);

WHEREAS, CHDO, a Texas non-profit corporation managed by a volunteer Board of Directors and
qualified as a Community Housing Development Organization according to HOME Regulations, is
working to increase the number of quality, accessible, and affordable housing units available to low and
moderate income persons;

        WHEREAS, a portion of City's HOME funds are reserved for use for Community Housing
Development Organization operating expenses and now desire to enter into a contract relating to the
funding of certain CHDO operating expenses by the City using HOME funds; and

      WHEREAS, City and CHDO desire to enter into an agreement relating to the distribution of
HOME funds by the City to CHDO for operating expenses.


        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:

1.0     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 Agreement.

2.0     TERM AND EXTENSION
        The term of this Contract shall begins on the date of execution by the Parties (the "Effective
        Date") and terminates one (1) year thereafter. This Contract may be extended for up to two
        months upon CHDO requesting an extension in writing at least sixty (60) days prior to the end of
        the Contract term. The request for extension shall include CHDO’s anticipated budget and goals
        and objectives for the extended term. It is specifically understood that it is within City’s sole
        discretion whether to approve or deny CHDO’s 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 designee.




        RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 88 of 105
3.0   CHDO OBLIGATIONS AND GOALS.
      3.1      CHDO Certification
      CHDO certifies that it meets all requirements set forth in 24 CFR 92.2 for being a community
      housing development organization, in that it is a private nonprofit 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;
      (3) Is neither controlled by, nor under the direction of, individuals or entities seeking to derive
      profit or gain from the organization. A Community Housing Development Organization 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 (1/3) 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 (2/3) of the board members; and
               (iii) The community housing development organization must be free to contract for goods
               and services from vendors of its own choosing;
      (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);
      (5) Does not include a public body (including the participating jurisdiction);
      (6) 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;
      (7) Maintains accountability to low-income community residents by:
               (i) Maintaining at least one-third (1/3) 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 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;
      (8) Has a demonstrated capacity for carrying out activities assisted with HOME funds; and
      (9) Has a history of serving the community within which housing to be assisted with HOME funds
      is to be located.

      3.2      Community Housing Development Organization Status.
               CHDO has a continuing, ongoing duty to provide City with any documentation or
               information in regard to its status as a Community Housing Development Organization.
               CHDO shall provide City with any information and documentation regarding any change
               in its status as a Community Housing Development Organization or as a 501(c)(3)
               tax exempt entity within one (1) business day of said change. CHDO shall provide to
               City an annual board roster and certification of continued status as a Community
               Housing Development Organization. The failure of CHDO to maintain its status as a
               Community Housing Development Organization shall result in reversion of assets to the
               City and termination of this Contract pursuant to Section 7 below.

4.0   USE OF HOME FUNDS

      4.1.1.   Budget
               CHDO shall use HOME funds in the amount of $                        provided under this
               Contract by City as HOME-eligible Community Housing Development Organization
               operating costs (“Operating Costs”), provided that said amount does not exceed the
               greater of (i) $50,000.00 per fiscal year to the CHDO or (ii) 50% of CHDO's total annual
               operating expenses for the fiscal year. CHDO agrees that these HOME Funds will be



      RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 89 of 105
         expended in accordance with Exhibit “C” - Budget. CHDO may not increase or
         decrease line-item amounts in the Budget without City's prior written approval.

4.1.2.   Expenditures in Compliance with HOME Regulations
         CHDO shall be reimbursed for Operating Costs with HOME Funds only if the costs are
         eligible expenditures in accordance with HOME Regulations.

4.1.3    Eligible Operating Costs
         HOME-eligible operating expenses are those costs which are reasonable and necessary
         for the operation of CHDO, including salaries, wages, benefits and other employee
         compensation; rent and utilities; communication costs; taxes and insurance; and
         equipment, materials and supplies (provided that any equipment, materials and supplies
         purchased with HOME Funds are and will remain the property of the City). Project
         specific costs are not eligible to be funded with HOME funds.

4.2.     Payment of HOME Funds to CHDO
         HOME Funds will be disbursed to CHDO on a reimbursement basis upon CHDO’s written
         and signed request for reimbursement and submission of Complete Documentation to
         City in accordance with Exhibit "D" – Timeline, attached hereto and made apart hereof
         for all purposes.

4.3.     Additional HOME Requirements
         CHDO agrees to comply with all requirements of the HOME Program as stated in 24 CFR
         Part 92, including, but not limited to the following:

4.4.     Monitoring.

4.4.1.   CHDO understands and agrees that it will be subject to monitoring by City for compliance
         with the HOME Regulations for the duration of the Contract. CHDO will provide reports
         and access to Project files as requested by City during the Contract and for five (5) years
         after closeout of this Contract, and will meet all the reporting requirements set out in this
         Contract. This Section shall survive the termination or expiration of this Contract.

4.4.1.2. City shall have access at all reasonable hours to the CHDO’s offices and records dealing
         with the use of the HOME Funds that are the basis of this Contract, its officers, directors,
         agents, employees, and contractors for the purpose of such monitoring.

4.4.1.3. CHDO agrees to likewise monitor the effectiveness of the services and work to be
         performed by its contractors and subcontractors.

4.4.2.   Recapture. City reserves the right to recapture HOME Funds provided under this
         Contract in the event City determines that CHDO will be unable to expend all HOME
         Funds within the term of the Contract.

4.4.3.   CHDO Procurement Standards. CHDO shall establish procurement procedures to
         ensure that materials and services are obtained in a cost effective manner. When
         procuring for services to be provided under this Contract, CHDO shall comply at a
         minimum with the nonprofit procurement standards at 24 CFR Part 84.40 through 24
         CFR Part 84.48.

4.4.4.   Cost Principles/Cost Reasonableness. CHDO shall administer their use of HOME Funds
         in compliance with OMB Circular A-122, "Cost Principles for Non-Profit Organizations",
         as amended from time to time

4.4.5.   Terms Applicable to Contractors. CHDO understands and agrees that all terms of this
         Contract shall apply to any and all contractors of CHDO which are in any way paid with



RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 90 of 105
               HOME Funds or who perform any work in connection with CHDO's program.

      4.4.6.   Sponsorship of CHDO by Other Entities. Any CHDO that is sponsored by another entity,
               whether for profit or non profit, must ensure that the following requirements are met:

               (1)     Accounting system and procedures must be sufficient to allow for implementation
                       of separate CHDO financial systems and preparation of specific financial reports
                       demonstrating appropriate cost allocations; and

               (2)     If the sponsoring entity provides services in support of CHDO’s program, projects
                       or activities, there must be a clear written agreement between the sponsoring
                       entity and the CHDO spelling out roles, responsibilities and compensation, a
                       copy of which must be provided to City prior to disbursement of HOME Funds to
                       CHDO.

5.0   REPORTING AND DOCUMENTATION REQUIREMENTS

      5.1      System Requirements.
               In the performance of this Contract, CHDO shall develop a record-keeping system and
               shall promptly provide City with copies of any document City deems necessary for the
               effective fulfillment of City’s monitoring and evaluation responsibilities and the reposts
               and documents outlined below. Specifically CHDO will keep or cause to be kept an
               accurate record of all actions taken and all funds expended, with source documents.

      5.2.     Monthly Report.
              By the 15th day of each month during the term of this Agreement, CHDO shall provide
              City with the Expenditure detail in accordance with Attachment I - Request For Funds,
              Attachment II - Detail Statement of Costs, Attachment III - Expenditures Worksheet,
      and Attachment V – Program Income Report. Reports shall be submitted in the format
      specified by City.

      5.3.     Withholding Payment.
               IF THE REQUIRED REPORTS AND APPROPRIATE SUPPORTING
               DOCUMENTATION ARE NOT RECEIVED BY THE DUE DATE, CITY SHALL
               WITHHOLD PAYMENTS REQUESTED UNDER THIS CONTRACT.


6.0   DUTIES AND RESPONSIBILITIES OF CITY

      6.1.     City Will Provide HOME Funds.
               City will provide HOME Funds for use as stated herein. City will monitor the use of the
               HOME Funds at least annually to ensure that they are being used appropriately or more
               often as City deems necessary and in conformance with the provisions of this Contract
               and the HOME Regulations. Provided that CHDO submits the reports and fund request
               set forth in Section 5.2, City will pay CHDO HOME Funds within fifteen (15) calendar
               days following the date of receipt of such reports and fund request. If CHDO fails to
               submit such Complete Documentation on or before                           , CHDO will not
               be entitled to receive any portion of the HOME Funds payable under this Contract.

      6.2.     Monitoring
               City will monitor the activities and performance of CHDO and its contractors as
               necessary, but no less than annually as required by the HOME Regulations, 24 CFR Part
               92.504. City will monitor the performance of CHDO in regard to compliance with
               completion of tasks, duties and responsibilities as required under this Contract.




      RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 91 of 105
7.0   DEFAULT AND TERMINATION

      7.1    Failure to Perform Under Separate Agreement.
              If CHDO's agreement(s) with the City relating to any specific project of home
             development under the HOME Regulations is terminated, said termination shall result in
             automatic termination of this Contract without further warning or opportunity to cure, and
             at no penalty or liability to City.

      7.2.   Failure to Submit Required Reports.
             If CHDO fails to submit any report required by Section 5, City will notify CHDO in writing
             and the CHDO will have thirty (30) calendar days from the date of receipt of the written
             notice to submit any such report to City. If the CHDO fails to submit any such report
             within such time, City shall have the right to terminate this Contract effective immediately
             upon provision to the CHDO of written notice of such intent with no penalty or liability to
             City. Notwithstanding anything to the contrary herein, City will not be required to pay any
             HOME Funds to CHDO during the term that a report required by Section 5 is past due.

      7.3    In General.
             Subject to Section 7.1 and 7.2 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 thirty (30) calendar
             days following receipt of written notice by City referencing this Contract or, if CHDO has
             diligently and continuously attempted to cure following receipt of such written notice but
             reasonably required more than thirty (30) calendar days to cure, as determined by both
             Parties mutually and in good faith, City shall have the right to elect, as determined in
             City’s sole discretion, one of the remedies contained in Section 7.9 or terminate this
             Agreement effective immediately upon provision of written notice of such intent to CHDO.
             In the event of termination, all grant funds awarded to CHDO pursuant to this Contract
             shall be immediately revoked and any approvals related to the Project that is/are the
             subject of this Contract shall be immediately deemed revoked and canceled.

      7.4.   No Funds Disbursed while in Breach.
             CHDO understands and agrees that no HOME Funds will be paid to CHDO until all
             defaults under all CHDO's agreements with City are cured to the satisfaction of City.

      7.5.   No Compensation After Date of Termination.
             In the event of termination, CHDO shall not receive any compensation for work
             undertaken after the date of the termination.

      7.6.   Rights of City Not Affected.
             Termination shall not effect or terminate any of the rights of City as against CHDO then
             existing, or which may thereafter accrue because of such default, and the foregoing
             provision shall be in addition to any and all other rights and remedies available to City
             under the law. Such termination does not terminate any applicable provisions of this
             Contract that have been expressly noted as surviving the term or termination of the
             Contract.

      7.7    Waiver of Breach Not Waiver of Subsequent Breach.
             The waiver of a breach of any term, covenant, or condition of this Contract shall not
             operate as a waiver of any subsequent breach of the same or any other term, covenant
             or condition hereof.

      7.8    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.




      RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 92 of 105
      7.9.    City Options for Cure of Breach.
              If CHDO fails to cure the breach within the time stated in the notice, City may take any of
              the following actions:
              a.       Temporarily withhold disbursements pending correction of the deficiency;
              b.       Disallow all or part of the cost of the activity or action not in compliance;
              c.       Accept CHDO’s failure to comply or correct any deficiency or breach within the
                       time period specified as evidence of CHDO’s inability to perform under the terms
                       of this Contract and intent to terminate this Contract and surrender all rights to
                       any remaining HOME Funds;
              d.       Withhold any other HOME awards from CHDO or any affiliates; and
              e.       Pursue any other legal remedies available to City to ensure compliance with this
                       Contract and the Loan Documents.

      7.10.   Termination for Cause.
              City may terminate this Contract in the event of CHDO’s default, inability, or failure to
              perform, or otherwise whenever such termination is determined by City to be in City's
              best interest. Likewise, CHDO may terminate this Contract if City does not provide the
              HOME Funds in accordance with this Contract.

      7.11.   Termination for Convenience.
              In accordance with 24 C.F.R. 85.44, this Contract may be terminated in whole or in part
              only as follows:

              (a) By City with the consent of CHDO in which case the two parties shall agree upon the
              termination conditions, including the effective date and in the case of partial termination,
              the portion to be terminated, or

              (b) By the CHDO upon written notification to City, setting forth the reasons for such
              termination, the effective date, and in the case of partial termination, the portion to be
              terminated. However, if, in the case of a partial termination, City determines that the
              remaining portion of the Contract to be performed or HOME Funds to be expended will
              not accomplish the purposes for which the Contract was made, City may terminate the
              Contract in its entirety under either Section 7.9 or paragraph (a) of this section.

      7.12.   Dissolution of CHDO Terminates Contract.
              In the event CHDO is dissolved or ceases to exist, all property, real or personal, acquired
              by HOME Funds provided under this Contract will automatically transfer to City and this
              Contract shall terminate.

      7.13.   Unused Home Funds to be Returned to City after Termination.
              CHDO shall return to City any unused HOME Funds, including any interest earned, within
              thirty (30) days of the effective date of Contract termination.

      7.14.    Reversion of Assets If Contract Terminates.
              In the event this Contract is terminated with or without cause, for any reason whatsoever,
              all assets acquired with HOME Funds, including equipment and business property, any
              accounts receivable attributable to the use of HOME Funds, and any real property owned
              by CHDO that was acquired or improved with HOME Funds shall belong to City and shall
              be transferred to City or to such assignees as City may designate.

8.0   SURVIVAL
      Any provision of this Contract that pertains to affordability, tenant eligibility, and City Building
      Codes, ordinances and housing quality standards, as well as any applicable HOME requirements




      RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 93 of 105
       shall survive the termination of this Contract and shall be governed by the HOME Regulations, if
       applicable, as well as the Loan Documents securing affordability.

9.0    REPAYMENT OF HOME FUNDS
       All HOME Funds are subject to repayment in the event the expenditures of the HOME Funds are
       found to be ineligible. It is expressly understood that upon the completion of this Contract, any
       HOME Funds reserved but not expended under this Contract will revert to City.

10.0   GENERAL PROVISIONS

       10.1.    CHDO Independent Contractor.
               CHDO shall operate hereunder as an independent contractor and not as an officer,
               agent, servant or employee of City. CHDO shall have exclusive control of, and the
               exclusive right to control, the details of the work and services performed hereunder, and
               all persons performing same, and shall be solely responsible for the acts and omissions
               of its officers, members, agents, servants, employees, contractors, Project participants,
               licensees or invitees.

        10.2. Doctrine of Respondeat Superior.
              The doctrine of respondent superior shall not apply as between City and CHDO, its
              officers, members, agents, servants, employees, contractors, Program participants,
              licensees or invitees, and nothing herein shall be construed as creating a partnership or
              joint enterprise between City and CHDO. It is expressly understood and agreed that no
              officer, member, agent, employee, contractor, licensee or invitee of CHDO, nor any
              Program participant, 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 CHDO, its
              officers, members, agents, employees, contractors, Program participants, licensees
              or invitees.

       10.3.   Religious Organization.
               The performance of this Contract shall not involve and no portion of the funds received by
               CHDO hereunder shall be used in support of any sectarian or religious activity. HOME
               funds may not be provided to primarily religious organizations, such as churches, for any
               activity including secular activities. In addition, HOME funds may not be used to
               rehabilitate or construct housing owned by primarily religious organizations or to assist
               primarily religious organizations in acquiring housing. However, HOME funds may be
               used by a secular entity to acquire housing from a primarily religious organization, and a
               primarily religious entity may transfer title to property to a wholly secular entity and the
               entity may participate in the HOME Program in accordance with the requirements of 24
               CFR Part 92. The entity may be an existing or newly established entity, which may be an
               entity established by the religious organization. The completed housing project must be
               used exclusively by the owner entity for secular purposes, available to all persons
               regardless of religion. In particular, there must be no religious or membership criteria for
               tenants of the property.

       10.4.   Audit.

          10.4.1. Entities that Expend $500,00 or more in Federal Funds Per Year
                  All non-federal entities that expend $500,000 or more in Federal funds within one
                  year, regardless of the source of the Federal award, must submit to City an annual
                  audit prepared in accordance with specific reference to OMB Circular A-133. The
                  audit may cover either CHDO'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. CHDO's audit certification is attached hereto as Exhibit "G" – "Audit



       RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 94 of 105
            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
            (CHDO’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 CHDO's total agency operating budget, however if CHDO would like to use
            HOME Funds allocated under this Contract. CHDO must receive written authorization
            to do so. 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.

    10.4.2. City Reserves the Right to Audit
            City reserves the right to perform an audit of CHDO'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 CHDO agrees
            to allow access to all pertinent materials as described in Section 5. Record Retention
            and reports. If such audit reveals a questioned practice or expenditure, such
            questions must be resolved within fifteen (15) 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 and/or future contract(s)
            with CHDO. If as a result of any audit it is determined that CHDO has misused,
            misapplied or misappropriated all or any part of the HOME Funds, CHDO agrees to
            reimburse 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.

10.5.   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.

10.6.   Governing Law.
        In any questions involving state law, for any action, whether real or asserted, at law or in
        equity, arising out of the execution, performance or non-performance of this Contract, in
        any issue not governed by federal law, the choice of law shall be the law from the State
        of Texas.

10.7.    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.

10.8.   Written Agreement Entire Agreement.
        This written instrument and the Exhibits and Attachments 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 executed by each Party to this
        Contract.

10.9.   Paragraph Headings for Reference Only, No Legal Significance.
        The paragraph headings contained herein are for convenience in reference to this
        Contract and are not intended to define or to limit the scope of any provision of this
        Contract.



RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 95 of 105
10.10. 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.) and the related Executive Order
    11738. In no event shall any amount of the assistance provided under this Contract be
    utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or
    the Clean Water Act.
   Immigration Reform and Control Act of 1986 (8 U.S.C. Sections 1101 et seq.) specifically
    including the provisions requiring employer verifications of legal status of its employees
   The American 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


Requirement that Law Be Quoted in Covered Contracts. – Certain Requirements Pertaining to
Section 3 of the Housing and Urban Development Act of 1968 as amended (12 U.S.C. Sections
1701 et seq.) and its related regulations at 24 CFR Part 135

If the work performed under this Contract is on a project assisted under a program providing
direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires
that the following clause, shown in italics, be inserted in all covered contracts ("Section 3
Clause"):
Section to be quoted in covered contracts begins:
“A.      The work to be performed under this contract is subject to the requirements of
Section 3 of Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
section 1701u (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.



RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 96 of 105
B.       The parties to this contract agree to comply with HUD’s regulations in 24 CFR
Part 135, which implement Section 3. As evidenced by their execution of this contract,
the parties to this contract certify that they are under no contractual or other impediment
that would prevent them from complying with the Part 135 regulations.
C.       The contractor agrees to send to each labor organization or representative of
workers with which it has a collective bargaining agreement or other understanding, if
any, a notice advising the labor organization or workers’ representatives of the
contractor’s commitments under this Section 3 clause and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training
and employment positions can see the notice. The notice shall describe the Section 3
preference, shall set forth minimum number and job titles subject to hire, availability of
apprentice and training positions, the qualifications for each; and the name and location
of the person(s) taking applications for each of the positions; and the anticipated date the
work shall begin.
D.       The contractor agrees that it will include this Section 3 clause in every
subcontract to comply with regulation in 24 CFR Part 135, and agrees to take appropriate
action, as provided in an applicable provision of the subcontract or in this Section 3
clause, upon finding that the subcontractor is in violation of the regulations in 24 CFR
Part 135. The contractor will not subcontract with any subcontractor where it has notice
or knowledge that the subcontractor has been found in violation of regulations in 24 CFR
135.
E.       The contractor will certify that any vacant employment positions, including
training positions that are filed: (1) after the contractor is selected but before the contract
is executed, and (2) with persons other than those to whom the regulations of 24 CFR
Part 135. The contractor will not subcontract with any subcontractor where it has notice
or knowledge that the subcontractor has been found in violation of regulations in 24 CFR
135.
F.       Noncompliance with HUD’s regulation in 24 CFR Part 135 may result in
sanctions, termination of this contract for default, and debarment or suspension from
future HUD assisted contracts.
G.       With respect to work performed in connection with Section 3 covered Indian
housing assistance, section 7(b) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. section 450e) also applies to the work to be performed under
this Contract. Section 7(b) requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians, and (ii) preference in
the award of contracts and subcontracts shall be given to Indian organizations and
Indian-owned Economic Enterprises. Parties to this contract that are subject to the
provisions of Section 3 and Section 79b) agree to comply with Section 3 to the maximum
extent feasible, but not in derogation of compliance with Section 7(b).”
Section to be quoted in covered contracts ends.

City and CHDO understand and agree that, if applicable to the Project, compliance with the
provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and
orders of HUD shall be a condition of the Federal financial assistance provided to the Project
binding upon City and CHDO, and their respective successors, assigns and the contractors.
Failure to fulfill these requirements shall subject CHDO and its contractors and their respective
successors and assigns to those sanctions specified by the grant agreement through which
Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135.

10.11. Prohibition Against Discrimination.

        10.11.1. 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
                Section 17-88 of the City of Fort Worth Code of Ordinances. CHDO may not
                discriminate against any person because of race, color, sex, gender, religion,



RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 97 of 105
              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, or Project participants to engage in such
              discrimination.

      10.11.2.No Discrimination in Employment. During the performance of this Contract
              CHDO agrees, and will require all its contractors to agree, as follows:

              [Contractor’s Name] 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 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 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 Name] will, in all solicitations or advertisements for employees
              placed by or on behalf of [Contractor’s Name], state that all qualified applicants
              will receive consideration for employment without regard to race, color, sex,
              gender, religion, national origin, familial status, disability or perceived disability,
              sexual orientation, gender identity, gender expression or transgender.

              [Contractor’s Name] covenants that neither it nor any of its officers, members,
              agents, employees, Project participants or contractors, while engaged in
              performing this Contract, shall, in connection with the employment, advancement
              or discharge of employees or in connection with the terms, conditions or
              privileges of their employment, discriminate against persons because of their age
              or because of any disability or perceived disability, except on the basis of a bona
              fide occupational qualification, retirement plan or statutory requirement.

              [Contractor’s Name] further covenants that neither it nor its officers, members,
              agents, employees, contractors, Project participants, or persons acting on their
              behalf, shall specify, in solicitations or advertisements for employees to work on
              this Contract, a maximum age limit for such employment unless the specified
              maximum age limit is based upon a bona fide occupational qualification,
              retirement plan or statutory requirement.

      10.11.3.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 OR CONTRACTORS



RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 98 of 105
AGAINST CITY ARISING OUT OF CHDO'S AND/OR ITS CONTRACTORS'
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 CHDO hereby covenants and
                 agrees that CHDO, its officers, members, agents, employees and contractors,
                 have fully complied with all provisions of same and that no employee, applicant
                 or Project participant has been discriminated against under the terms of such
                 ordinances by either or its officers, members, agents, employees or contractors.

10.12. Prohibition Against Interest / Conflict of Interest.

         10.12.1 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.

         10.12.2 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 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 (1) year thereafter, unless they are accepted in
                 accordance with the procedures set forth at 24 C.F.R. § 92.356.

         10.12.3 CHDO affirms that it will adhere to the provisions of the Texas Penal Code which
                 prohibits bribery and gifts to public servants.

         10.12.4.In the procurement of property and services by CHDO, the conflict of interest
                 provisions of 24 CFR Part 8536 and 24 CFR Part 84.42, respectively, shall apply.
                 In all cases not governed by those sections, the provisions of 24 CFR Part
                 92.356 of the HOME Regulations shall apply.

10.13. Minority and Women Business Enterprise Commitment.
       CHDO agrees to abide by City’s policy to involve Minority and Women Business
       Enterprises ("M/WBEs") in all phases of its procurement practices and to provide them
       equal opportunity to compete for contracts for construction, provision of professional
       services, purchase of equipment and supplies and provision of other services required by
       City. Therefore, CHDO agrees to incorporate City Ordinance No. 15530, and all
       amendments or successor policies thereto, into all contracts and subcontracts and will
       further require all persons or entities with whom it contracts to comply with said ordinance.

10.14. Other Laws.
       The listing of the various applicable laws governing this Contract is only a guide and is
       not given for the purpose of limiting CHDO‘s responsibilities in regard to following all
       applicable laws. The failure to list any federal, state or city law or regulation that is
       applicable to CHDO does not excuse or relieve CHDO from the requirements or




 RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 99 of 105
               responsibilities in regard to following the law, nor from the consequences or penalties for
               CHDO’s failure to follow the law, if applicable.

       10.15. 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.

       10.16. Right to Inspect Contractor Contracts.
              It is agreed that City has the right to inspect and approve in writing any proposed
              contracts between CHDO and any contractor engaged in any activity in conjunction with
              this HOME funded Project prior to any charges being incurred.

       10.17. Force Majeure.
              If CHDO becomes unable, either in whole or part, to fulfill its obligations under this
              Agreement due to acts of God, strikes, lockouts, or other industrial disturbances, acts of
              public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires,
              floods, restraints or prohibitions by any court, board, department, commission or agency
              of the United States or of any States, any arrests and restraints, civil disturbances, or
              explosions, or some other reason beyond such 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. 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. CHDO will use commercially reasonable
              efforts to remedy its inability to perform as soon as possible. Failure to give notice will
              result in the continuance of the CHDO's obligation regardless of the extent of any existing
              Force Majeure Event.


11.0   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 SUBCONTRACTORS OF CITY. CHDO 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 CHDO, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES,
       CONTRACTORS, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROJECT



       RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 100 of 105
       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.

12.0   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.

13.0   INSURANCE AND BONDING

       CHDO 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 CHDO'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
       there under shall be made directly to City for the use and benefit of CHDO.

       CHDO shall furnish to City, in a timely manner, but not later than ten days after CHDO has signed
       the Contract, certificates of insurance as proof that it has secured and paid for policies of
       commercial insurance as specified herein. Such insurance shall cover all insurable risks incident
       to or in connection with the execution, performance, attempted performance or nonperformance
       of this Contract. CHDO shall maintain, or require its general contractor to maintain, the following
       coverages and limits thereof:

                            Commercial General Liability (CGL) Insurance
                              $500,000 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”



       RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 101 of 105
                         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. In the
                         event the respective contractors do not maintain coverage, CHDO shall
                         maintain the coverage on such contractor for each applicable contract.

                         Directors and Officers Insurance
                         Optional (Highly Recommended)
                         Note: This insurance shall cover CHDO and any associated Board of
                         Directors members.


Additional Requirements
Such insurance amounts shall be revised upward at City’s option and that CHDO shall revise
such amounts within thirty (30) days following notice to CHDO of such requirements.

CDHDO will submit to City documentation that it, and its general contractor, has obtained
insurance coverage and has executed bonds as required in this Contract prior to payment of any
monies provided hereunder.

Each insurance policy shall be endorsed to provide City with a minimum sixty (60) days notice of
cancellation, non-renewal, and/or material change in policy terms or coverage.

Insurance policies required herein shall be endorsed to include City as an additional insured as its
interest may appear. Additional insured parties shall include employees, officers, agents, and
volunteers of City.

The Workers’ Compensation Insurance policy shall be endorsed to include a waiver of
subrogation, also referred to as a waiver of rights of recovery, in favor of City.

Any failure on part of City to request certificate(s) of insurance shall not be construed as a waiver
of such requirement or as a waiver of the insurance requirements themselves.

Insurers of 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.




RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 102 of 105
       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.

       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 insureds (as their interest may
       appear) on their respective insurance policies.

       CHDO shall require its builder to maintain builders risk insurance at the value of the construction.

14.0   CERTIFICATION REGARDING LOBBYING

       The undersigned representative of CHDO 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 CHDO,
       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, 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.


15.0   NOTICE

       All notices required or permitted by this Contract must be in writing and are deemed delivered on
       the earlier date of the date actually received or the third day following (i) deposit in a 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 below or at such other
       address as the receiving Party designates by proper notice to the sending Party.

       City:                                               Copy to:
       City Manager’s Office                               City Attorney's Office
       1000 Throckmorton Street                            1000 Throckmorton Street
       Fort Worth, TX 76102                                Fort Worth, TX 76102
       Telephone:                                          Telephone: 817-392-7600
       Fax:                                                Fax: 817-392-8359
       Email:




        RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 103 of 105
       CHDO
       Company name:
       Company address:
       Telephone:
       Fax:
       Email:


       15.1.   Agents:
               City:
               Phone:
               Email:

               CHDO:
               Phone:
               Email:




16.0   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.



                              [SIGNATURES APPEAR ON NEXT PAGE]




       RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 104 of 105
        IN WITNESS WHEREOF, the Parties hereto have executed four copies of this Contract in Fort
Worth, Tarrant County, Texas, this ______ day of __________________, 20____.

ATTEST:                                              CITY OF FORT WORTH

____________________________                    By:________________________________
City Secretary                                      T.M. Higgins, Assistant City Manager
M& C:_________________
Date:__________________

APPROVED AS TO FORM AND LEGALITY:

_______________________________
Assistant City Attorney




                                                By:________________________________
                                                    __________, President
STATE OF TEXAS             §
COUNTY OF TARRANT §
   This instrument was acknowledged before me on _______________________, 2010 by
_________________, Assistant City Manager, of the City of Fort Worth, on behalf the City of Fort Worth,
a person who is personally known to me or who presented valid identification.
                                               ___________________________________
                                               Notary Public, State of Texas



STATE OF TEXAS                      §
COUNTY OF TARRANT                   §
   This instrument was acknowledged before me on _______________________ by               ,    a    person
personally known to me or who presented valid identification, President of
   , a Texas non-profit corporation, who hereby certifies that he has authority to sign contracts and bind
said company to such contract, on behalf of said corporation.
                                                 ___________________________________
                                                 Notary Public, State of Texas




        RFP 10-0612, Community Housing Development Organization (CHDO’s) Page 105 of 105

								
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