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Res 139-2007 9/18/2007 RESOLUTION NO. i� l�a��� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HABITAT FOR HUMANITY OF WICHITA FALLS, INC. ACTING AS AN ELIGIBLE COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) UNDER THE HOME INVESTMENT PARTNERSHIP PROGRAM; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, Habitat for Humanity of Wichita Falls, Inc. has met the federal regulatory criteria to qualify as a Community Housing Development Organization (CHDO); and WHEREAS, the City of Wichita Falls, acting as a Participating Jurisdiction under the HOME Investment Partnership Program, is required to allocate 15% of each year's funding authorizations to an eligible CHDO; and WHEREAS, Habitat for Humanity of Wichita Falls, Inc. has been previously approved and designated as a CHDO for the City of Wichita Falls and has submitted plans for using the CHDO set-aside funds in an affordable housing project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The City Manager is authorized to execute a contract with Habitat for Humanity of Wichita Falls, Inc., acting as an approved Community Housing Development Organization, and awards $157,075 from the Fiscal Year 2005 and Fiscal Year 2006 HOME Investment Partnership Program set-aside. SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 18 day of September, 2007. 4��� MAYOR ATTEST: � , C;ty Clerk Administrative Plan Revision: The proposed revision is to implement a temporary preference for an individual or family who has been displaced by governmental action or whose dwelling has been extensively damaged or destroyed as a result of a disaster, declared or otherwise, formally recognized pursuant to federal disaster relief laws. This revision incorporates housing in Wichita Falls that appears on the list of damaged structures composed by the City of Wichita Falls Planning Division. The proposed revision is to implement a temporary preference for the involuntarily displaced flood victims to be moved to the top of the waiting list for the Housing Choice Voucher Assistance Program. The housing office will be accepting special applications on Tuesday, September 25, 2007 through Tuesday, October 2, 2007 befinreen 8:00 am to 5:00 pm. for flood victims that meet the above mentioned revision. The individual or family must meet the income eligibility requirements published by the department of Housing & Urban development (HUD) on an annual basis. The family's gross household income at initial eligibility must be within the income limits of the one of the following. a. An extremely low-income family- gross household income family — gross household income is at or below 30% of the median income for the family size. b. A very low-income family — gross household income is at or below 50% of the median income for the family size. c. A low-income family — gross household income is at or below 80% of the median income for the family size. To be eligible, each member of the family must be a citizen, national, or a non-citizen who has eligible immigration status under on of the categories set forth in Section 214 of the Housing and Community Development Act of 1980 (see 42 U>S>C> 1436a(a)). A family shall not be eligible for assistance unless every member of the family residing in the unit is determined to have eligible status with the following exceptions: a. Despite the ineligibility of one or more family members a mixed family may be eligible for non-citizen rule type of assistance. b. Family without any eligible member who was receiving assistance on June 19, 1995 may be eligible for temporary deferral of termination of assistance. [Source:64 FR 25726-25733 (May 12, 1999): 24 CFR part 5 subpart E] The individual or family must provide proof that they qualify under the above revision to the housing office before the family is approved to receive a Housing Choice Voucher for rental assistance. The proof can be documentation from Federal Emergency Management Agency (FEMA) or proof of rental agreement with the address of the unit. . �. �-..� /v"-! /(JS . / � ` _��u �� �9 =; il , = =j ..�; - Contract Between Habitat for Humanity of Wichita Falls And The City of Wichita Falls, Texas This contract made and entered into this the 24�' day of January, 2008 by and between the City of Wichita Falls, Texas, hereinafter referred to as "City" and Habitat for Humanity of Wichita Falls, hereinafter referred to as "Contractor". Whereas, the City has applied for and received approval for a grant award pursuant to the Housing and Community Development Act of 1974, as Amended; and Whereas, it has been determined by the Wichita Falls City Council to be in the public interest to provide financial assistance for infrastructure development for the final phase, Phase 3, of the Fuller Subdivision to enable the project of providing an increase of availability of decent and special needs housing for low- income families as identified in the Consolidated Plan and proposed Use of Funds for the above referenced grant award; and Whereas, the City desires to Contract with the Contractor to provide financial assistance for the infrastructure development of Phase 3 of the Fuller Subdivision located on Otis Polk Drive, Wichita Falls, Texas.. WITNESSETH: For and in consideration of the mutual covenants herein contained, the parties do hereby agree as follows: 1. Scope of Services. The Contractor agrees to perform the following in a satisfactory and proper manner as determined by the City: a. To contract with a licensed and bonded contractor to develop infrastructure for Phase 3 of the Fuller Subdivision. b. Have written specifications for the development of the subdivision subject to approval by the City of Wichita Falls. c. The Contractor agrees to require maintenance of the entire subdivision as a whole, and will require homeowners to maintain their properties in compliance with local, state and federal laws and said Contractor should show evidence that homeowners have been notified of this agreement. d. Maintain operational and fiscal records as specified by the City of Wichita Falls and HUD.nd HUD. e. The CDBG assistance shall provide the partial cost of the development of infrastructure for the Fuller Subdivision project. PAGE 1 f. Attend at least two (2) technical assistance trainings sponsored by the Non-Profit Management Center during the term of this contract. These technical assistance trainings will be eligible for a 50% scholarship for the contractor. The choice of topic is the discretion of the contractor. In addition, Board members will be required to attend at least on the Center's training sessions offered especially or Board member. 2. Term of Contract. The term of this agreement shall be for the one-year period beginning October 1, 2007 and ending September 30, 2008, subject to satisfactory performance by the Contractor as outlined herein. 3. Compensation. The City agrees to pay to the Contractor a maximum amount of Fifty One Thousand Dollars ($51,000), which shall constitute full compensation for the Contractor's actual services and expenses incurred in the performance of services described under this contract. 4. Method of Pa�ent. The City agrees to reimburse the Contractor up to a maximum amount of Fifty One Thousand Dollars for the partial cost of infrastructure development at the Fuller Subdivision. Method of payment is the choice of the contractor. Payment can be made in one of two methods: a.) The payment shall be made to the Contractor as a reimbursement as documented by a canceled check and invoice. b.) The Contractor shall deposit funds/grants with the City in an amount necessary to complete the project. The City will also provide payment for the renovation directly to the construction general contractor on behalf of the contractor. The Contractor shall provide the City an invoice for installation. At no time will the City make a payment for incomplete items. The contractor shall furnish the Neighborhood Resources Division with the correct and complete payroll reports. The City shall withhold a 10% retainage amount for 30 days after the project is finaled, completed, and accepted by the City and the contractor. The retainage payment shall \be made to the construction general contractor upon receipt of the release of liens from all subcontractor. 5. Bud�t. In performing the services called for under the provisions of this contract, the Contractor shall conform his expenditures to the approved CDBG budget. Said budget and any account, set out herein can be altered, amended or modified as mutually agreeable between the two parties hereto so that the full intent and purpose of this contract can be carried out. Upon request of the Contractor, line item changes may be made in the budget referred to herein without further City Council action if approved by the City Manager; provided, however, no such change may alter the intent of purpose of this contract without further approval by the City Council of the City. In no event shall the City be required to pay more than Fifty One Thousand Dollars ($51,000) to the Contractor under the terms of this contract. 6. Contractor's Contribution. In the event that the total sum to be paid by the City to the Contractor under the terms of this agreement is not sufficient for the Contractor to continue performance of his obligations hereunder until termination date hereof, the Contractor shall contribute sufficient funds for continued performance to fulfill terms of the contract. PAGE 2 7. Refund. At the termination date hereof, the Contractor shall pay to the City any sums paid to the Contractor by the City that have not been expended or committed as budgeted. The Contractor shall refund the City the entire contract amount of Fifty One Thousand Dollars ($51,000) or any payment that has been made to date if the expansion of the primary care facility for whatever reason, is not completed. 8. Financial Reports. A budget report, to contain such reasonable financial information and data, as the City deems necessary, shall be submitted to the City by the Contractor at least annually. 9. Future Fundin�. The funding of this project in no way commits the City to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of the Contractor. The Contractor understands and agrees that the assistance made available under this agreement is contingent upon the actual receipt of adequate federal funds to meet the City's liabilities under this contract. It is expressly understood that this agreement in no way obligates the General Fund or any other monies or credit of the City of Wichita Falls. 10. Restriction on Disbursement. No funds under this contract shall be disbursed by the Contractor to any other party nor shall any of the work or services covered by this contract be subcontracted without the prior written approval of the City. 11. Termination of the Contract. This agreement shall continue in full force and effect until the expiration of the term set forth above. If either party fails to fulfill their obligations under this contract in a timely and proper manner, the other party shall have the right to terminate this contract for cause. Written notice stating the grounds for termination will be given the other party, not less than thirty (30) days prior to the effective date of such termination. This contract shall at all times be subject to any corrective actions taken, or directives issued by HLTD in relation to the City's CDBG Program. The Contractor shall comply with any and all such communications received by the City from HUD, including elimination of this contract, as if such communication were made a part hereof. If either party to the contract should desire to terminate the contract prior to the date of expiration, they may do so by giving written notice to the other party not less than sixty (60) days prior to the intended termination date. The Contractor shall be entitled to receive just and equitable compensation from the City for any satisfactory work completed prior to the termination. The Contractor will refund any unearned funds advanced by or received from the City. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contractor. The City may withhold any payments due the Contractor for the purposes of setoff until such time as the exact amount of damages due the City from the Contractor are determined. " 12. Chan This City may, from time to time, request changes in the Scope of Services of the Contractor as may be mutually agreed to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed PAGE 3 upon by and between the City and the Contractor, shall be incorporated in written amendments to the contract. 13. Assignability. The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation) without the prior written consent of the City; provided, however, that claims for money due or to become due to the Contractor from the City under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. 14. Records. a. Establishment and Maintenance of Records. The contractor shall maintain, prepare and disseminate records and reports as required by TDHS, TDOA, and HUD. Contractor shall maintain documentation of client income in accordance with CDBG guidelines. Except as otherwise authorized by the City, the Contractor shall retain such records for a period of four years after receipt of the final payment under this contract or termination of this contract. b. Documentation of Cost. All costs shall be supported by properly executed payrolls, time records, invoices, contracts, vouchers, orders, and/or any other accounting documents. Any of the above related in whole or in part to this contract shall be clearly identified and readily accessible. c. Reports and Information. The Contractor shall submit with the monthly invoice a copy of a canceled check documenting payment to the contractor in addition to applicable payroll documents as work is performed. The Contractor at such time and in such forms as the City may require, shall furnish to the City such statements, records, reports, data, and information as the City may request pertaining to matters covered by this contract. All of the reports, information, data and other related materials, prepared or assembled by the Contractor under this contract are confidential and shall not be made available to anyone without the prior written approval of the City. Information restricted by law or Contractor policy and relating to personal, medical and financial data will be treated as confidential and will not be released by the City except as may be required pursuant to Texas Government Code Chapter 552 and any amendments thereto. d. Audits and Inspections. The Contractor shall at any time during normal business hours and as often as the City may deem necessary, make available t,� the City for examination all of its records and data with respect to all matters covered by this contract and shall permit the City or its designated authorized representative to audit and inspect all invoices, materials, payrolls, records of personnel conditions of employment and other data relating to all matters covered by this contract. The Contractor shall submit an audit report which is in compliance with the provisions of the Single Audit Act of 1984, as amended and OMB Circular No 133. The audit shall be prepared by an independent Certified Public Accountant and shall include as supplemental information statements of PAGE 4 compliance and internal control with respect to federal financial assistance provided to the Contractor by the City. The audit report shall be submitted no later than 180 days following the end of the Contractor's fiscal year. If the Contractor expends less than $500,000 in federal funds in a given fiscal year, the Contractor is not required to submit an audit; however, the Contractor shall submit year-end financial reports and asset/liability reports. e. Accountin�. The Contractor shall establish and maintain on a current basis an adequate accounting system on an accrual or other accounting basis in accordance with generally accepted accounting principles and standards. 15. Limitation on Compensation for Personal Services. Compensation for personal services includes, but is not limited to, wages, salaries, and supplementary compensation and benefits. Compensation for employees of the Contractor shall not exceed that paid for similar work paid by the City. In cases where the kinds of personal services provided have no counterpart in local governmental agencies, compensation shall not exceed that paid for similar work in the labor market in which the Contractor competes for the kinds of personal services involved or the compensation level established by the Contractor's primary funding source. 16. Compliance with Local Laws. The Contractor shall comply with applicable laws, ordinances, and codes of the State and local governments and the Contractor shall save and hold harmless the City with respect to damages arising from any tort committed in performing any of the work embraced by this contract. 17. Compliance with Federal Laws. It is expressly understood by the Contractor that this assistance is made available as part of the City's Community Development Block Grant Program, and as such, the activities undertaken must comply with all of the rules and regulations established by said program, including those assurances and conditions which are incorporated as Part II of this contract and hereby adopted for all purposes. Contractor agrees that the services provided by the Contractor under this agreement shall be devoted primarily to assist low and moderate income households. 18. Political Activity Prohibited. None of the funds, materials, property or services provided directly or indirectly under this contract shall be used in the performance of this contract for any partisan political activity. 19. Lobbvin�prohibited. None of the funds provided under this contract shall be used for publicity or propaganda purposes designed to support or defeat legislation pending before any governmental entity. 20. Equal Employment Opportunity. During the performance of this contract, the Contractor agrees as follow: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take PAGE 5 affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other terms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places available to all employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The Contractor shall keep such records and submit such reports concerning the racial and ethnic origin of its employees as the City may require. 21. Personnel a. The Contractor represents that he has, or will, secure all personnel required in performing the services under this contract. Such personnel shall not be employees of or have any contractual relationship with the City. b. All of the services, required hereunder, will be performed by the Contractor or under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local laws to perform such services. 22. Rene�otiation. This contract may be renegotiated at the request of either party in the event alternate sources of funding become available during the term of the contractual agreement. The Contractor must notify the City of all occurrences where alternate funding becomes available. 23. Liability Insurance. The Contractor shall maintain during the term of this contract liability insurance in the amount of $250,000 for bodily injury or death to any individual and in the amount of $500,000 for any single occurrence for bodily injury or death. Liabifity insurance for injury or destruction to property shall also be maintained in the amount of $100,000. The City shall be named as a co-insured and a certificate of insurance evidencing the above liability limits shall be furnished and kept on file with the City Clerk during the duration of this agreement. Such liability policy shall further provide that in the event the insurance is canceled for any reason that the City shall be immediately notified of the intent to terminate coverage by the insurance provider. This agreement, with the attachments adopted herein by reference, constitutes and expresses the entire agreement between the parties hereto and shall not be amended or modified except by written instrument signed by both parties. PAGE 6 , i . . � This agreement made and entered into the 24" day of January, 2008. CITY O CHITA F L, TEXAS BY: n Leiker, City Manager ATTEST: . �.._._ .� �� City C er APPROVED AS TO FORM: ____��:dG'Z City Attorney Habitat for Humanity of Wichita Falls By: Executive Director SC_CONTR PAGE 7