September

Document Sample
September Powered By Docstoc
					                                  PURCHASING DIVISION
                      REQUEST FOR PROPOSALS (RFP)
                                  for
          COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHDO’s)
                             RFP No. 11-0192

                                  Issued: April 22, 2011
                           PROPOSAL SUBMISSION DEADLINE:
                     *******May 19, 2011 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
LOWER LEVEL                                           DIVISION
1000 THROCKMORTON STREET                              LOWER LEVEL
FORT WORTH, TEXAS 76102                               1000 THROCKMORTON STREET
                                                      FORT WORTH, TEXAS 76102

                                                     NAME AND ADDRESS OF COMPANY
FOR ADDITIONAL INFORMATION                           SUBMITTING PROPOSAL:
REGARDING THIS RFP PLEASE CONTACT:
James Rodriguez, Contract Compliance Specialist
James.Rodriguez@fortworthgov.org
***********************************************
                                                     Proposer:
                                                     Address:
                                                     City:               State:
                                                     Zip Code:
                                                     Contact Person:
                                                     Phone:
RETURN THIS COVER SHEET WITH                         Fax:
RESPONSE TO:
                                                     Signature:
James Rodriguez                                      Printed Name:
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    Two (2) originals and two (2) CDs 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., May 19, 2011. 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    Any submittals, including all attachments, including rejected submittals are public
              information and are subject to the Texas Open Records Act and Federal
              Freedom of Information Act.

       3.2    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.




        RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 2 of 111
      3.3    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
             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 seven (7) 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.




       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 3 of 111
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.

7.0   AWARD OF CONTRACT

      7.1    Either a deferred payment loan or grant will be awarded.
             There is up to $480,684 in City of Fort Worth CHDO Set-Aside HOME Funds
             currently available for projects, of which funds for CHDO Operating Expenses
             could be available under the HOME rules. 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               April 22, 2011
             Deadline for Questions         May 3, 2011, 5:00 PM (Local Time)
             Proposals Due Date             May 19, 2011, by 1:30 PM (Local Time)
             Proposal Selection             May 19, 2011 through May 24, 2011
             CDC Recommendation             May 25, 2011
             Contract Negotiations          May 26, 2011 through July 18, 2011
             City Council Approval          August 2, 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.




       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 4 of 111
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.

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, Proposer’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 Proposer 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 Proposer violates the foregoing prohibition by contacting any of the above listed
       parties with whom contact is not authorized, such contact may result in the Proposer
       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.




        RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 5 of 111
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

       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.




        RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 6 of 111
       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 Proposor’s 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.

       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:
       18.1   Applicant must be a City of Fort Worth certified Community Development
              Housing Organization (CHDO) by May 1, 2011. If you are not a City of Fort
              Worth certified CHDO by this date, your application will not be considered.
              •   Application for certification must be received by Housing and Economic
                  Development Department, 908 Monroe, Fort Worth, Texas no later than
                  Tuesday, May 3, 2011, 5:00 pm. No late applications will be accepted until
                  after the completion of the RFP process.
              •   CHDO certification applications can be found as Exhibit A to this RFP.
              •   CHDOs must be recertified annually.
              For more information, please call James Rodriguez at 817-392-2057.

       18.2   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.
       18.3   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.
       18.4   Site must be zoned for development and/or use consistent with Comprehensive
              Plan
       18.5   Site is not located in a floodplain or has known environmental issues requiring
              remediation
       18.6   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.



        RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 7 of 111
       18.7   Proposals using other forms or pages will be rejected.
       18.8   Proposers 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
              Attachment E: Resumes
              Attachment F: Financial Documents
              Attachment G: Letters of Community Support
       18.9   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:

       19.1    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.
       19.2   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.

       19.3   This 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.

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




        RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 8 of 111
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
 Completed Proposals are due back to the City      City Council, as well as the terms and
 of Fort Worth, Purchasing Department, 1000        conditions under which the funds may be
 Throckmorton, FW, TX 76102 (lower level) no       expended. All project funding will be disbursed
 later than May 19, 2011, 1:30p.m.                 on a reimbursable basis for eligible expenses
                                                   only.

                                                   For projects that involve home ownership,
                                                   clients must be income qualified through the
                                                   City of Fort Worth Housing Assistance Program
                                                   (HAP) and will be required to utilize a minimum
                                                   of $1,000 in City of Fort Worth Housing
                                                   Assistance Program (HAP) funds.

 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.
 • May 25, 2011: Staff recommended RFPs
     presented to CDC                              City may inspect project upon demand.
 • August 2, 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 11-0192, Community Housing Development Organization (CHDO’s) Page 9 of 111
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?
      _______________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________




         RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 10 of 111
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?




         RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 11 of 111
FORM B (CONTINUED) - Please identify project location(s) on map below:




       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 12 of 111
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

      _______________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________




         RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 13 of 111
                                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 11-0192, Community Housing Development Organization (CHDO’s) Page 14 of 111
(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:




         RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 15 of 111
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.

     _______________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________




        RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 16 of 111
RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 17 of 111
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:

_      ______________________________________________________________________________

____________________________________________________________________________________




        RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 18 of 111
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
                                                                -2                (Names)    (1+2)
                                                   -1
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 11-0192, Community Housing Development Organization (CHDO’s) Page 19 of 111
FORM F - Status of Other Funding Sources
Funding Source         Amount $         Proposal Stage       Application    Approved
                                                             Submitted
                          (1)                (2)                (3)            (4)

Bank Loan
(name of Bank)


Community
Development
Block Grant
Other federal
funds, specify
Foundation
(name)


Self-Support ie:
fundraising
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 11-0192, Community Housing Development Organization (CHDO’s) Page 20 of 111
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 11-0192, Community Housing Development Organization (CHDO’s) Page 21 of 111
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 11-0192, Community Housing Development Organization (CHDO’s) Page 22 of 111
    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 11-0192, Community Housing Development Organization (CHDO’s) Page 23 of 111
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 11-0192, Community Housing Development Organization (CHDO’s) Page 24 of 111
       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 11-0192, Community Housing Development Organization (CHDO’s) Page 25 of 111
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 11-0192, Community Housing Development Organization (CHDO’s) Page 26 of 111
      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 Proposers 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 11-0192, Community Housing Development Organization (CHDO’s) Page 27 of 111
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 11-0192, Community Housing Development Organization (CHDO’s) Page 28 of 111
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 11-0192, Community Housing Development Organization (CHDO’s) Page 29 of 111
                                Exhibit A
                       CHDO Application and Checklist




RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 30 of 111
                    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: Ryan Haden, Development Project Coordinator
1000 Throckmorton Street
Fort Worth, TX 76102




        RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 31 of 111
                    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 11-0192, Community Housing Development Organization (CHDO’s) Page 32 of 111
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 11-0192, Community Housing Development Organization (CHDO’s) Page 33 of 111
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 11-0192, Community Housing Development Organization (CHDO’s) Page 34 of 111
                    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 11-0192, Community Housing Development Organization (CHDO’s) Page 35 of 111
                      _____     _    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 11-0192, Community Housing Development Organization (CHDO’s) Page 36 of 111
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 11-0192, Community Housing Development Organization (CHDO’s) Page 37 of 111
                              Exhibit B
                     HUD Area Median Income Table




RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 38 of 111
                                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 11-0192, Community Housing Development Organization (CHDO’s) Page 39 of 111
                              Exhibit C
                        HOME Regulatory Checklist




RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 40 of 111
                                                                                                                                     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 11-0192, Community Housing Development Organization (CHDO’s) Page 42 of 111
                                                                                 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 11-0192, Community Housing Development Organization (CHDO’s) Page 43 of 111
                                                                                 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 11-0192, Community Housing Development Organization (CHDO’s) Page 44 of 111
                                                                                 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 11-0192, Community Housing Development Organization (CHDO’s) Page 45 of 111
                                                                               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 11-0192, Community Housing Development Organization (CHDO’s) Page 46 of 111
                                                                                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 11-0192, Community Housing Development Organization (CHDO’s) Page 47 of 111
              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 11-0192, Community Housing Development Organization (CHDO’s) Page 49 of 111
                                 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 11-0192, Community Housing Development Organization (CHDO’s) Page 50 of 111
                        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.

Procurement: Funding will be made available on a competitive basis.



       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 51 of 111
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 11-0192, Community Housing Development Organization (CHDO’s) Page 52 of 111
                      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 spent.

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 11-0192, Community Housing Development Organization (CHDO’s) Page 53 of 111
CHDO Proceeds: CHDO Proceeds are defined per the HUD definition at 24 CFR
92.300 Upon closing of each constructed housing unit to an income eligible homebuyer,
the CHDO will be allowed a 10% developer fee based on the cost of construction and
the remaining proceeds will be returned to the City.

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 11-0192, Community Housing Development Organization (CHDO’s) Page 54 of 111
       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 11-0192, Community Housing Development Organization (CHDO’s) Page 55 of 111
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 11-0192, Community Housing Development Organization (CHDO’s) Page 56 of 111
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 11-0192, Community Housing Development Organization (CHDO’s) Page 57 of 111
                                Exhibit E
           City of Fort Worth CHDO Project Contract Template




RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 58 of 111
             COMMUNITY HOUSING DEVELOPMENT 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".


      WHEREAS, City has received a grant from HUD through the HOME Investment
Partnerships Program ("HOME"), Program No. __________________ 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
non-profit housing organizations;

       WHEREAS, the primary purpose of the HOME program 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;

      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, CHDO submitted a proposal to use HOME Community Housing
Development Organizations funds for an eligible project under the HOME Regulations
whereby CHDO will construct a single family house located at
in the City of Fort Worth, to be sold to a HOME Eligible Buyer who will use the house as
his or her 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.     INCORPORATION OF RECITALS.
       City and CHDO hereby agree that the recitals set forth above are true and
correct and form the basis upon which the Parties have entered into this Contract.




       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 59 of 111
2.    DEFINITIONS.

       In addition to terms defined in the body of this Contract, the following terms shall
have the definitions ascribed to them as follows:
Affordable House means a house for which the homebuyer’s monthly payment of
principal, interest, property taxes, and insurance does not exceed 30% of the
homebuyer’s monthly adjusted income, nor is lower than 16% of the homebuyer’s
monthly adjusted income, for an individual or family with an income at or below 80% of
Area Median Income, adjusted for family size. In the case of new-house construction,
the percentage of the homebuyer’s monthly adjusted income shall not exceed 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 construction funded with HOME Funds must remain affordable housing for the
following minimum periods:
       •       Five years if the per-unit amount of HOME Funds the homebuyer receives
               is less than $15,000, with a sales price that is less than $15,000 below
               appraised value, or through downpayment assistance or closing cost
               assistance less than $15,000;
       •       Ten years if the per-unit amount of HOME Funds provided to the
               homebuyer is $15,000 to $40,000, (i) with a sales price that is between
               $15,000 to $40,000 below appraised value, or (ii) through downpayment
               or closing cost assistance is $15,000 to $40,000; and
       •       Fifteen (15) years where the per-unit amount of HOME Funds provided to
               the homebuyer is greater than $40,000, (i) with a sales price more than
               $40,000 below appraised value, or (ii) through downpayment or closing
               cost assistance is greater than $40,000.


Area Median Income means the median family income for the Fort Worth-Arlington
metropolitan statistical area as established by HUD.

City Final Inspection means a HUD Compliance Inspection Report completed by the
City’s Housing and Economic Development Department inspectors. The Report will not
be performed until after the Required Improvements have been shown to have passed a
final inspection according to the City's permitting software.

Community Housing Development Organization shall be defined as set forth in 24
CFR 92.2, as amended:
     (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 of the Community Housing Development
         Organization;




       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 60 of 111
      (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 shall not appoint more than one-third of the
                   membership of the organization's governing body, and board members
                   appointed by the for-profit entity may not appoint the remaining two-
                   thirds of the board members; and
              (iii) The 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) Is not a public body (including the City) or an affiliate of a public body;
      (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 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;
      (9) Has a history of serving the community within which housing to be assisted
          with HOME funds is to be located; and
      (10) Has at least one full-time staff person

CHDO Proceeds are proceeds from the sale of the Required Improvements, minus any
development subsidy or repayment of construction financing and closing costs.

City HAP Eligibility Requirements means homebuyer eligibility under City HAP
guidelines and HOME Regulations.

Complete Documentation means documentation acceptable to City, in its sole
discretion, that provides City detailed information regarding all HOME eligible costs
expended for the Required Improvements, including but not limited to (i) copies of



       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 61 of 111
invoices for all completed work; (ii) other documents necessary to demonstrate that
such amounts were actually paid, including without limitation, final lien releases signed
by the general contractors or appropriate subcontractors; (iii) copies of all City permits
issued for such work and City-issued "pass" inspections for such work; (iv)
documentation to show compliance with M/WBE bidding process for such work, as
applicable; (v) Attachments I, II, III, IV, IV(a) and V; (vi) sufficient proof to show
homebuyer eligibility; and (vii) any other document or records necessary to verify costs
expended for the Required Improvements.;

Completion shall mean the substantial completion of the Required Improvements, as
evidenced by a City Final Inspection.

Completion Deadline for Required Improvements means                            .

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

Effective Date means the date the last Party signs this Contract.

HAP means the City’s Homebuyer Assistance Program.

HOME means the HOME Investment Partnerships Program, Program No. M-09-MC-
480204 Catalog of Federal Domestic Assistance No. 14.239, as set forth in the HOME
Regulations.

HOME Eligible Buyer means a homebuyer whose annual income adjusted for family
size does not exceed 80% of Area Median Income 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.

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

HOME Regulations means (i) 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 (ii) the HOME Investment Partnerships Program Final Rule, as
amended, 24 CFR Part 92 et seq.

HUD means the United States Department of Housing and Urban Development.

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.




       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 62 of 111
M/WBEs means Minority and Women Business Enterprises pursuant to City Ordinance
No. 15530, as amended, or any successor ordinance.

Net Proceeds means the sales price of a property after loan repayment (other than
HOME Program funds) and any closing costs, or as otherwise defined in the Home
Regulations.

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

Program Income means gross income received by the City or CHDO directly
generated from the use of HOME Funds or matching contributions.

Project means an eligible project under the HOME Regulations whereby CHDO will
construct a single family house located at                         in the City of Fort
Worth, to be sold to a HOME Eligible Buyer who will use the house as his/her Principal
Residence during the Affordability Period.

Recaptured Funds means the amount of money recouped by City from the sale or
other prohibited transfer of the Principal Residence before the expiration of the
Affordability Period, under the provisions of the HAP and according to HOME
Regulations, 24 CFR Part 92.254 (a) (5).

Regulations mean (i) 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 (ii) the HOME Investment Partnerships Program Final Rule, as amended, 24
CFR Part 92 et seq.

Required Improvements mean the construction by the CHDO of a single family house
as defined in Exhibit “A”.

3.     TERM AND EXTENSION
       3.1    Term. The term of this Contract begins on the Effective Date and
terminates in three years unless terminated earlier because of an event of default.
       3.2    Extension. This Contract may be extended for one year upon CHDO
submitting a request for an extension in writing at least 60 days before 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 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 his designee.

4.    CHDO OBLIGATIONS AND GOALS.
      4.1 CHDO Certification




       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 63 of 111
               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.

               4.1.2 Status Reports. 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 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 under Section
7.12 below.

      4.2.   Required Improvements.

              4.2.1 HOME Funds. City shall provide up to
Dollars ($                 .00) of HOME Funds to complete the construction of the
Required Improvements. The Required Improvements will be constructed under the
specification shown in Exhibit "A" – Project Summary.

              4.2.2 Sale of Required Improvements. Under the terms and conditions of
this Contract, CHDO shall construct the Required Improvements to be sold to a HOME
Eligible Buyer(s) as defined in Section 6.

             4.2.3 Construction Schedule.     CHDO will construct the Required
Improvements under the schedule Exhibit "B" – Construction Schedule, and ensure
that program goals and expenditures correspond with the Completion of the Project by
the Completion Deadline. CHDO's failure to meet the construction schedule shall be an
event of default. The City may, at is sole discretion, approve any changes to the
Construction Schedule after CHDO submits a written request for the change and
modified Construction Schedule.

                 4.2.4 Interim Financing. CHDO shall not obtain any financing for the
fulfillment of its obligations in this Contract without the written approval of the City.

      4.3     Use of HOME Funds.

              4.3.1. Budget. HOME Funds shall be made available for reimbursement
to CHDO in an amount up to                            for construction costs for all
homes to be constructed under this Contract. HOME Funds will be expended in
accordance with Exhibit "C" - Budget. CHDO may increase or decrease line-item
amounts in the Budget without City's prior written approval so long as the expenses are
eligible and comply with Exhibit A, but CHDO may not increase the total Budget.




       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 64 of 111
             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 CHDO provides Complete Documentation that the costs are eligible expenditures
under 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 HOME Funds in the
Required Improvements, CHDO shall execute and record Loan Documents on the lot on
which the Required Improvements will be constructed. The Loan Documents shall be
recorded within one week of the later of (i) the Effective Date or (ii) CHDO acquiring title
the lot to be developed. CHDO shall not begin construction until City sends a notice to
proceed. City, as determined in its sole discretion, may subordinate the Loan
Documents or execute partial releases of the Loan Documents as necessary.
Subordination or partial releases shall not be provided if CHDO is in default of this
Contract.

        4.4     Payment of HOME Funds to CHDO
        Eligible Project expenses (excluding developer fee) that are in conformance to
the Budget shall be paid using HOME Funds and will be disbursed to CHDO on a
reimbursement basis after receipt of CHDO’s written and signed request for
reimbursement and submission of Complete Documentation in accordance with Exhibit
"B" – Construction Schedule. City shall not hold retainage. Instead, it shall make the
final payment due CHDO under the Construction Schedule contingent upon successful
completion of the following requirements: (1) Completion of the Required
Improvements by CHDO; (2) receipt of a City Final Inspection approval for the Required
Improvements; and (3) CHDO is not in breach of this Contract or any other agreement
CHDO has with the City, pursuant to Section 9.4.

       4.5   Developer Fee.
CHDO is entitled to a developer fee of 10% of the total cost of construction of the
Required Improvements. The developer fee shall be paid upon the closing of the sale
of the Required Improvements to a HOME Eligible Buyer.

      4.6     Net Proceeds
      All Net Proceeds, other than the development fee paid to the CHDO under
Section 4.5, shall be considered Program Income and must be returned to the City.

       4.7    Housing Construction with HOME Funds

        4.7.1 Construction to Conform to All Applicable Laws, Building Codes and
               Ordinances.
        All plans, specifications and construction on the Required Improvements 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, (iv) for new construction,



       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 65 of 111
must conform to the Model Energy Code, published by the Council of American Building
Officials; and (iv) pass inspection by City Housing and Economic Development
Department inspectors.

       4.7.2 Property Standards and Lead Paint Requirements.
       CHDO shall comply with (i) the requirements contained in 24 CFR Part 92.251 as
relates to Property Standards and Housing Quality Standards (HQS), (ii) Accessibility
Standards under 24 CFR Part 92.251 (a)(3) as applicable, and (iii) Lead Based Paint
Requirements as found in 24 CFR Part 92.355 and 24 CFR Part 35 in the construction
of the houses built under this Contract.

       4.7.3 Approval by City Not Release of Requirement. Approval of any plans and
specifications relating to the Required Improvements by City shall not constitute or be
deemed (i) to be a release of the responsibility or liability of 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.

        4.7.4 Approval by City of Subcontractors.
        City must approve, in writing, any subcontractor to be used in the fulfillment of
CHDOs obligations under this Contract. CHDO shall ensure that all subcontractors
utilized 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. CDHO must confirm that all subcontractors are not
debarred by the City, and must submit written verification. Failure to submit such proof
shall be an event of default. CHDO shall submit in writing information regarding all
subcontractors utilized 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.

       4.7.5 Timely Completion. Timely completion of the work specified in this
Contract is an integral and essential part of performance. The expenditure of HOME
Funds is subject to Federal deadlines and could result in the loss of Federal funds. By
the acceptance and execution of this agreement, it is understood and agreed by CHDO
that the Project will be completed as expeditiously as possible and that CHDO will make
every effort to ensure that the Project will proceed and will not be delayed. Failure to
meet the deadlines in the Construction Schedule can result in cancellation of this



       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 66 of 111
Contract and the revocation of HOME Funds. Since it is mutually agreed that time is of
the essences as regards this Contract, CHDO shall cause appropriate provisions to be
inserted in all contracts or subcontracts relative to the Project in order to ensure that the
Project will be completed according to the Construction Schedule.

5.     Marketing

       5.1    CHDO Must Adopt Marketing Procedures.
       CHDO must adopt affirmative marketing procedures and requirements for the
Required Improvements 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.

       5.2   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.


6.     Sale of Required Improvements to HOME Eligible Buyer

       6.1     Sale Price of Required Improvements.
       The sale price of the Required Improvements shall not exceed 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 the Required Improvements shall be set forth in
writing in Exhibit "A", attached hereto and made apart hereof for all purposes.

       6.2     Eligible Homebuyer
       All homebuyers who purchase the Required Improvements must also be a
HOME Eligible Buyer who receives homebuyer assistance from the City's HAP, as
described in Section 7. CHDO must verify that the homebuyer is a HOME Eligible
Buyer, and will supply City with all information necessary to prove eligibility of a
prospective buyer prior to closing. Sale of Required Improvements to a homebuyer who
is not a HOME Eligible Buyer shall be an event of default, and shall require CHDO to
repay all HOME Funds paid to CHDO pursuant to this Contract. In addition, CHDO will
ensure that the homebuyer completes a homeownership training and counseling
program prior to the closing of the purchase of the Required Improvements. 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. Failure of CHDO to provide such certification shall be an event of default.



       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 67 of 111
       6.3   Contract. CHDO shall provide City with a copy of each homebuyer
contract. The contract must contain the provisions regarding the following, as well as all
applicable Definitions above:

     1. Required Improvements will remain affordable for the Affordability Period;
     2. The recapture provisions will remain in effect on the Required Improvements for
        the Affordability Period;
     3. Required Improvements must remain the homebuyer’s Principal Residence
        during the Affordability Period. If the homebuyer retains ownership of the
        Required Improvements and continues to occupy it as homebuyer’s Principal
        Residence for the full Affordability Period, no further recapture restrictions will
        apply;
     4. Any sale of the Required Improvements by the homebuyer during Affordability
        Period will require repayment of the deferred payment loan or other subsidy
        provided under HOME Regulations, 24 CFR Part 92.254 (a) (4);
     5. Homebuyer shall be required to notify City in writing prior to the sale or transfer of
        the Required Improvements during the Affordability Period; and
     6. If the homebuyer sells the Required Improvements during the Affordability
        Period, any Recaptured Funds must be repaid to City from Net Proceeds before
        any other payments are authorized.


       6.4     CHDO to Provide Settlement Statements and Loan Documents.
       At least five business days before each closing, CHDO will provide to City the
estimated settlement statement, along with a reconciliation statement.             The
reconciliation statement shall account with regard to the Required Improvements for the
(1) HOME Funds, (2) non-HOME funds, (3) homebuyer subsidies, (4) development
subsidies (5) developer fee and (6) amount of Net Proceeds to be returned to City from
settlement funds.


7.      Home Buyer Assistance

       7.1    City Homebuyer Assistance Program. To ensure that the affordability
requirements are met, City requires that the HOME Eligible Buyer, a minimum of 60
days prior to closing, apply for a minimum of $1,000.00 of closing cost and/or down
payment assistance from the City’s Homebuyer Assistance Program (“HAP”).
Homebuyer eligibility shall be determined by City in City’s sole discretion using City
HAP Eligibility Requirements, and City shall enter into an agreement directly with the
homebuyer for the administration of the down payment and closing cost assistance. If
requested by the City, 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. If the buyer does not
meet City HAP Eligibility Requirements, CHDO may not sell the Required Improvements
to the buyer.



         RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 68 of 111
        7.2    CHDO Homebuyer Assistance. In addition to City HAP funds, upon
written approval by the City, which may be withheld in its sole discretion, 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.

       7.3   Homebuyer Assistance Maximum. The total amount of closing cost and
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).

      7.4    Homebuyer Assistance Disbursement. Homebuyer assistance funds will
be disbursed at the closing of the sale of the Required Improvements 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.

       7.5   Note Payable to City. To secure recapture of the HOME Funds, CHDO
will ensure that the homebuyer 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 Required
Improvements. CHDO will furnish copies of such executed Notes and recorded Deeds
of Trust to City upon closing of the sale of the Required Improvements. City’s HAP
Note and Deed of Trust shall be subordinate to any first lien purchase money mortgage.


8.    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:

       8.1   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.

      8.2   Contract Not Constituting Commitment of Funds or Site Approval.
      Notwithstanding any provision of this Contract, the parties agree and
acknowledge that this Contract does not constitute a commitment of funds or site
approval, and that such commitment of funds or approval may occur only upon



       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 69 of 111
satisfactory completion of environmental review and receipt by City of an authorization
to use grant funds from HUD under 24 CFR Part 58.

        8.3    Compliance with the Uniform Relocation Act.
        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.

      8.4. Monitoring.
      8.4.1 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, HUD, the Comptroller
      General of the United States, and any of their representatives during the Term,
      during the Affordability Period and for five 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.

      8.4.2 City, HUD, the Comptroller General of the United States, and any of their
      representatives 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.

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

    8.5   Unspent Funds
    Any unspent or unused HOME Funds, along with any interest earned on the
HOME Funds, will be returned to the City at the end of the Contract.

       8.6   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.

       8.7   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

      8.8    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.




       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 70 of 111
9.    REPORTING AND DOCUMENTATION REQUIREMENTS
      9.1    Record-keeping System. 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.

       9.2    Reimbursement Requirements.
       With each reimbursement request, CHDO shall provide City with the following
reports and supporting documentation:
            a. Exhibit “E” – Narrative Report. This report shall contain information
               detailing activities since last submitted reimbursement request.
            b. Exhibit “F” - Request For Funds. This report shall contain the amount
               of funds requested for reimbursement and shall be signed by the
               authorized signatory of the CHDO.
            c. Exhibit “G” - Detail Statement of Costs. This report shall contain
               information regarding the current reimbursement request and cumulative
               balance and shall be signed by the authorized signatory of the CHDO.
            d. Exhibit “H” - Expenditures Worksheet. This report shall be signed by
               the authorized signatory of the CHDO and shall contain an itemized
               listing of all eligible expenses requested for reimbursement. In order for
               this report to be complete the following must be submitted:
               (i) invoices for all expenses listed. The invoice must clearly show it
               pertains to the site described in the project description.
               (ii) proof that the expenses were paid by the CHDO. This can be
               satisfied by cancelled checks or wire transfers
               (iii) lien releases as City determines necessary. The final reimbursement
               shall not be dispersed until all liens are released to City’s satisfaction as
               evidenced by a title report and proof of Completion is provided.


       9.3           Program Income Report
       Upon the sale of the Required Improvements or any CHDO asset for which
federal funds were used for the purchase, CHDO shall provide City with reports in the
formats provided in the attached Exhibit “I” – Program Income Report and Exhibit
“J” - Performance Report.

       9.4           Withholding Payment.    IF THE REQUIRED REPORTS AND
APPROPRIATE SUPPORTING DOCUMENTATION ARE NOT RECEIVED BY THE
DUE DATE, CITY SHALL WITHHOLD PAYMENTS REQUESTED UNDER THIS
CONTRACT. Failure to submit required reports will result in an event of default.
Further, if CHDO is in default of any other contract with the City, City may choose,
in its sole discretion, to withhold payments requested under this contract or any
other contract with CHDO.



       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 71 of 111
10.    DUTIES AND RESPONSIBILITIES OF CITY

       10.1 HOME Funds. City will reimburse CHDO with HOME Funds for eligible
expenses as proved by Complete Documentation as provided herein. City may 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 reimburse CHDO with HOME Funds within 15 calendar days following the date
of receipt of such Complete Documentation. 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.

       10.2 Inspections.
       All work items must pass a Final Inspection prior to the release of HOME Funds.

      10.3 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.

11.    DEFAULT AND TERMINATION

      11.1    Failure to Begin or Complete the Required Improvements

                 11.1.1      If CHDO fails to begin construction of the Required
       Improvements within one month of the execution of this Contract, City will notify
       CHDO in writing and the CHDO will have 30 calendar days from the date of
       receipt of the written notice to begin construction. If the CHDO fails to begin
       construction of the Required Improvements 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.
               11.1.2        If City determines that the Required Improvements were not
       completed by the Completion Deadline, City will notify CHDO in writing and the
       CHDO will have 30 calendar days from the date of receipt of the written notice to
       complete the Required Improvements. If the CHDO fails to complete the
       Required Improvements 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.

      11.2    Failure to Submit Required Reports
       If CHDO fails to submit any report required by Section 9, City will notify CHDO in
writing and the CHDO will have 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



        RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 72 of 111
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 time that a report required by
Section 9 is past due.

        11.3 In General
        Subject to Section 11.1 and 11.2 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 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 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 11.9 or
terminate this Contract 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, HOME Funds shall be returned to City,
and any approvals related to the Project that is/are the subject of this Contract shall be
immediately deemed revoked and canceled.

        11.4 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.

      11.5 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.

       11.6 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, compelling CHDO to complete the Project under the terms of the
Contract. Such termination does not terminate any applicable provisions of this
Contract that have been expressly noted as surviving the term or termination of the
Contract.

      11.7 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.




       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 73 of 111
       11.8 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.

        11.9 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 in the notice 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.

        11.10 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. CHDO agrees that should City terminate this Contract for cause,
CHDO shall not be considered for any other City contract involving federal funds.
Likewise, CHDO may terminate this Contract if City does not provide the HOME Funds
substantially under this Contract.

       11.11 Termination for Convenience.

       In terminating under 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 11.9 or paragraph (a) of this section.

       11.12 Dissolution of CHDO Terminates Contract. In the event CHDO is
dissolved or ceases to exist, 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, any accounts receivable attributable to the use of HOME Funds, and
any real or personal property owned by CHDO that was acquired or improved with



       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 74 of 111
HOME Funds shall automatically transfer to City and this Contract shall terminate.


       11.13 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,
any accounts receivable attributable to the use of HOME Funds, and any real or
personal property owned by CHDO that was acquired or improved with HOME Funds
shall belong to City and shall automatically transfer to City or to such assignees as City
may designate.

12.    SURVIVAL
       Any provision of this Contract that pertains to affordability, Homebuyer 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 as well as the Loan Documents securing
affordability.

13.    REPAYMENT OF HOME FUNDS

       All HOME Funds are subject to repayment to City by CHDO 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 not expended under this Contract shall not be payable to CHDO.

14.    GENERAL PROVISIONS

        14.1 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.

         14.2 Doctrine of Respondeat Superior
The doctrine of respondeat superior shall not apply as between City and CHDO, its
officers, members, agents, servants, employees, contractors, 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.




       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 75 of 111
      14.3 Religious Organization. No portion of the funds received by CHDO
hereunder shall be used in support of any sectarian or religious activity. In addition,
there must be no religious or membership criteria for tenants of the property funded by
HOME.

       14.4   Audit

        14.4.1. Entities that Expend $500,000 or more in Federal Funds Per Year
All non-federal entities that expend $500,000 or more in Federal funds within one year,
regardless of the source of the Federal award, must submit to City an annual audit
prepared under specific reference to OMB Circular A-133. The audit shall cover the
CHDO's fiscal years during which this Contract is in force. The audit must be prepared
by an independent certified public accountant, be completed within six months following
the end of the period being audited and be submitted to City within 30 days of its
completion. CHDO's audit certification is attached hereto as Exhibit "D" – "Audit
Certification Form" and "Audit Requirements". The Audit Certification Form must be
submitted to City within 60 days of the end of period being audited (CHDO’s fiscal year).
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.

       14.4.2.       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 9. If such audit reveals a
questioned practice or expenditure, such questions must be resolved within 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.

       14.5 Venue
       Venue for any action, whether real or asserted, at law or in equity, arising out of
the execution, performance, attempted performance or non-performance of this
Contract, shall lie in Tarrant County, Texas.

       14.6 Governing Law
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



       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 76 of 111
any issue not governed by federal law, the choice of law shall be the law from the State
of Texas.

       14.7 Severability.
       The provisions of this Contract are severable, and, if for any reason a clause,
sentence, paragraph or other part of this Contract shall be determined to be invalid by a
court or Federal or state agency, board or commission having jurisdiction over the
subject matter thereof, such invalidity shall not affect other provisions which can be
given effect without the invalid provision.

       14.8 Written Agreement Entire Agreement.
       This written instrument and the Exhibits attached hereto, which are incorporated
by reference and made a part of this Contract for all purposes, constitutes the entire
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.
                                         Section II
       14.9 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.

      14.10 Compliance With All Applicable Laws and Regulations

CHDO agrees to comply fully with all applicable laws and regulations that are currently
in effect or that are hereafter amended during the performance of this Contract. Those
laws include, but are not limited to:

          •   HOME Investment Partnership Act as set out above
          •   Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.)
              including provisions requiring recipients of federal assistance to ensure
              meaningful access by person of limited English proficiency
          •   The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
              Sections 3601 et seq.)
          •   Executive Orders 11063, 11246 as amended by 11375 and 12086 and as
              supplemented by Department of Labor regulations 41 CFR, Part 60
          •   The Age Discrimination in Employment of 1967
          •   The Age Discrimination Act of 1975 (42 U.S.C. Sections 6101 et seq.)
          •   The Uniform Relocation Assistance and Real Property Acquisition Policies
              Act of 1970 (42 U.S.C. Sections 4601 et seq. and 49 CFR Part 24)
              ("URA")
          •   Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Sections 794 et
              seq.) and 24 CFR Part 8 where applicable
          •   National Environmental Policy Act of 1969, as amended, 42 U.S.C.
              sections 4321 et seq. ("NEPA") and the related authorities listed in 24


       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 77 of 111
              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
          •   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

      14.11 Covered Contracts.

       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 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, specifically 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 11-0192, Community Housing Development Organization (CHDO’s) Page 78 of 111
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).”



RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 79 of 111
       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.

        14.12 Prohibition Against Discrimination
        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.
During the performance of this Contract CHDO agrees that CHDO 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. CHDO 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. CHDO
agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination clause.

CHDO will, in all solicitations or advertisements for employees placed by or on behalf of
CHDO, 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.

CHDO 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,



       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 80 of 111
except on the basis of a bona fide occupational qualification, retirement plan or statutory
requirement.

CHDO 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.

If CHDO is found to be in noncompliance with the nondiscrimination clauses of this
Contract or with any of such rules, regulations or orders, this Contract may be canceled,
terminated or suspended in whole or in part and CHDO may be declared ineligible for
further government contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965 or by
rule, regulations, or order of the Secretary of Labor or as otherwise provided by law.

CHDO will require the provisions of this Section 14.12.2 to be included in each of its
subcontracts for work performed on the Project unless exempted by rules, regulations
or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. CHDO will take such action with respect to any subcontract or
purchase order as City may direct as a means of enforcing such provisions, including
sanctions for noncompliance.

        14.12.1.      CHDO’s Contractors and ADA
Under 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.



       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 81 of 111
14.13 Prohibition Against Interest / Conflict of Interest

        14.13.1      CHDO shall establish safeguards to prohibit its employees,
board members, advisors and agents from using positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for
themselves or others, particularly those with whom they have family, business or
other ties. CHDO shall disclose to City any conflict of interest or potential conflict
of interest described above, immediately upon discovery of such.

        14.13.2       No persons who are employees, agents, consultants,
officers or elected officials or appointed officials of City or of CHDO who exercise
or have exercised any functions or responsibilities with respect to activities
assisted with HOME funds or who are in a position to participate in a decision-
making process or gain inside information with regard to these activities, may
obtain a financial interest or benefit from a HOME-assisted activity or have an
interest in any contract, subcontract or agreement with respect thereto, or the
proceeds thereunder, either for themselves or those with whom they have family
or business ties, during their tenure or for one year thereafter, unless they are
accepted under the procedures set forth at 24 C.F.R. § 92.356.

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

        14.13.4.     In the procurement of property and services by CHDO, the
conflict of interest provisions of 24 CFR Part 85.36 and 24 CFR Part 84.42,
respectively, shall apply. In all cases not governed by those sections, the
provisions of 24 CFR Part 92.356 of the HOME Regulations shall apply.

14.14 Labor Standards
       14.14.1          As applicable, CHDO agrees to comply with the
requirements of the Secretary of Labor under the Davis-Bacon Act (40 U.S.C.
276a et seq. and 18 U.S.C. 874) as amended, the provisions of Contract Work
Hours and Safety Standards Act (40 U.S.C. 3701 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 3.
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, HUD, U.S. Department
of Labor, the Comptroller General of the United States, and any of their
representatives for review upon request.
      14.14.2           CHDO agrees that, except with respect to the
rehabilitation or construction of residential property containing less than 12 units
assisted with HOME funds, all contractors engaged under contract for



RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 82 of 111
       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.

                                              Section III

       14.15         Minority and Women Business Enterprise Commitment
       CHDO agrees to abide by City’s policy to involve 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.

        14.16          Other 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.

      14.17         Assignment
      CHDO shall not assign all or any part of its rights, privileges, or duties under this
Contract without the prior written approval of City. Any attempted assignment of same
without approval shall be void, and shall constitute a breach of this Contract.

       14.18          Right to Inspect 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.

       14.19          Force Majeure
       If CHDO becomes unable, either in whole or part, to fulfill its obligations under
this Contract due to acts of God, strikes, lockouts, or other industrial disturbances, acts
of public enemies, wars, blockades, insurrections, riots, epidemics, earthquakes, fires,
floods, restraints or prohibitions by any court, board, department, commission or agency
of the United States or of any States, civil disturbances, or explosions, or some other
reason beyond such 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


        RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 83 of 111
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.

15.   Indemnification and Release

      CHDO COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND
DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS
AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH
THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR
NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS,
ACTIVITIES AND SERVICES OF THE PROJECT DESCRIBED HEREIN, WHETHER
OR NOT CAUSED IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR
SUBCONTRACTORS OF CITY; AND CHDO HEREBY ASSUMES ALL LIABILITY
AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND
EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR
DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR
ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION,
PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS
CONTRACT AND AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND
SERVICES OF THE PROJECT DESCRIBED HEREIN, WHETHER OR NOT CAUSED
IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS OR 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,



       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 84 of 111
EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY
FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY
SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER
THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED
BY CITY’S SOLE OR CONCURRENT NEGLIGENCE.

     CHDO SHALL REQUIRE ALL OF ITS CONTRACTORS AND
SUBCONTRACTORS TO INCLUDE IN THEIR CONTRACTS AND SUBCONTRACTS
A RELEASE AND INDEMNITY IN FAVOR OF CITY IN SUBSTANTIALLY THE SAME
FORM AS ABOVE.

16.   Waiver of Immunity by CHDO

If CHDO, as a charitable or nonprofit organization, has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury,
including death, to persons or property, CHDO hereby expressly waives its rights to
plead defensively such immunity or exemption as against City. This section shall not be
construed to affect a governmental entity's immunities under constitutional, statutory or
common law.

17.   Insurance and Bonding

CHDO 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
         $1,000,000 aggregate limit

Business Automobile Liability Insurance
       $1,000,000 each accident on a combined single-limit basis, or
       $250,000 Property Damage
       $500,000 Bodily Injury per person per occurrence
       $2,000,000 Aggregate

Insurance policy shall be endorsed to cover “Any Auto”
Pending availability of the above coverage and at the discretion of City, the policy shall
be the primary responding insurance policy versus a personal auto insurance policy if or
when in the course of CHDO’s business as contracted herein.
Workers’ Compensation Insurance

Part A: Statutory Limits

Part B: Employer’s Liability


       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 85 of 111
               $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 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 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 11-0192, Community Housing Development Organization (CHDO’s) Page 86 of 111
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.

18.   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,” under 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.




       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 87 of 111
19.   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 United States Postal Service post office or receptacle; (ii) with proper
postage, certified mail return receipt requested; and (iii) addressed to the other Party at
the address set out below or at such other address as the receiving Party designates by
proper notice to the sending Party.

City:
City Manager’s Office
1000 Throckmorton Street
Fort Worth, TX 76102
Telephone: 817-392-6111
Fax:         _____________________

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


Copy to:
Director of Housing and Economic Development
1000 Throckmorton Street
Fort Worth, TX 76102
Telephone: 817-392-7540

CHDO
________[Company name]_____________________
________[Company address]____________________
Telephone: ______________________
Fax:       ______________________
Email:     ______________________


20.   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 11-0192, Community Housing Development Organization (CHDO’s) Page 88 of 111
      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                                                                           Susan Alanis,
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 _______________________, 2011
by Susan Alanis, 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 11-0192, Community Housing Development Organization (CHDO’s) Page 89 of 111
                               Exhibit F
       City of Fort Worth CHDO Operating Costs Project Template




RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 90 of 111
                      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. _________________ 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.




       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 91 of 111
        NOW, THEREFORE, in consideration of the mutual covenants and obligations
and responsibilities contained herein, including all Exhibits and Attachments, and
subject to the terms and conditions hereinafter stated, the Parties understand and agree
as follows:

1.     INCORPORATION OF RECITALS.
       City and CHDO hereby agree that the recitals set forth above are true and
correct and form the basis upon which the Parties have entered into this Agreement.


2.     TERM AND EXTENSION
       The term of this Contract shall begin 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 twelve 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.

3.    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. 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.

      4.2     Use of HOME Funds.

       4.2.1 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
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, so long
as the expenses are eligible and in compliance with Exhibit A, but CHDO may not



       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 92 of 111
increase the total Budget.

       4.2.2 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.


       4.2.3 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.

     4.3. 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.

      4.4.   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:

       4.4.1 Monitoring.
       4.4.1.1.      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 Unspent Funds. Any unspent HOME funds will be returned to the City at
the end of the Contract.




       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 93 of 111
      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 HOME Funds or who perform any work in connection with CHDO's
program.


5.    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. Failure to submit required reports will result in an event of default.


6.    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 lessor of (i) one hundered percent (100%) of the HOME Funds for each house as



       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 94 of 111
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     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.

7.     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.
Sale of Required Improvement to a homebuyer who is not a HOME Eligible Buyer is an
event of default, and shall require CHDO to repay all HOME funds used in the
construction, down payment assistance and closing cost assistance to that house.

       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 cancelled.




       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 95 of 111
      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.

       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 substantially in accordance with this
Contract.

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




       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 96 of 111
      (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 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 personal property owned by CHDO that was acquired or improved
with HOME funds shall 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 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 or personal property owned by
CHDO that was acquired or improved with HOME Funds shall belong to City and shall
automatically transfer to City or to such assignees as City may designate.

8.     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, if applicable, as well as the Loan Documents securing
affordability.

9.     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 remain with the City.

10.    GENERAL PROVISIONS




       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 97 of 111
       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 respondeat 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. No portion of the funds received by CHDO
hereunder shall be used in support of any sectarian or religious activity. In addition,
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 shall
cover the CHDO's fiscal years during which this Contract is in force. 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 "D" – "Audit Certification Form" and "Audit Requirements". The Audit
Certification Form must be submitted to City within sixty (60) days of the end of period
being audited (CHDO’s fiscal year). 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



       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 98 of 111
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.
                                         Section IV
      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



       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 99 of 111
           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




       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 100 of 111
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
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



RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 101 of 111
       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 CHDO agrees, and will require the following provision in all contracts with its
contractors:

[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



       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 102 of 111
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 11-0192, Community Housing Development Organization (CHDO’s) Page 103 of 111
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 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.

        10.15 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




       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 104 of 111
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, 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.   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,



       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 105 of 111
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.   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.   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 thereunder 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



       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 106 of 111
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
       $1,000,000 aggregate limit

Business Automobile Liability Insurance
       $1,000,000 each accident on a combined single-limit basis, or
       $250,000 Property Damage
       $500,000 Bodily Injury per person per occurrence
       $2,000,000 Aggregate

Insurance policy shall be endorsed to cover “Any Auto”
Pending availability of the above coverage and at the discretion of City, the policy shall
be the primary responding insurance policy versus a personal auto insurance policy if or
when in the course of 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.




       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 107 of 111
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.

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.    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



       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 108 of 111
      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.   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:
City Manager’s Office
1000 Throckmorton Street
Fort Worth, TX 76102
Telephone: 817-392-6111
Fax:         _____________________
Email:       _____________________

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



       RFP 11-0192, Community Housing Development Organization (CHDO’s) Page 109 of 111
Fax: 817-392-8359

CHDO
________[Company name]_____________________
________[Company address]____________________
Telephone: ______________________
Fax:       ______________________
Email:     ______________________


15.1.3 Agents:
       City:
       ___________________________
       ___________________________
       ___________________________
       Phone:      _____________________
       Email: _____________________

      CHDO:
      ___________________________
      ___________________________
      ___________________________
      Phone:      _____________________
      Email: _____________________




16.   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 11-0192, Community Housing Development Organization (CHDO’s) Page 110 of 111
      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                                                                           Susan Alanis,
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 _______________________, 2011
by _________________, Susan Alanis, 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 11-0192, Community Housing Development Organization (CHDO’s) Page 111 of 111

				
DOCUMENT INFO