1996-295 First Amendment - Ordinance No 98-034
Second Amendment - Ordinance No. 98-362
Third Amendment - Ordinance No 99-281
ORDINANCE NO 9 ~ ' ~ ~-'
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON
AFFORDABLE HOUSING CORPORATION, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT AND TO EXTEND FUNDS WITH RESPECT TO THE
AGREEMENT, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, CITY has received funds from the U S Department of
Housing and Urban Development under the National Affordable Housing
Act of 1990 as amended by the Housing and Community Development Act
of 1992; and
WHEREAS, CITY has adopted a budget for such funds and ~ncluded
thereln an authorlzed Program Budget for expenditure of funds for
operating costs and project funding for the Denton Affordable
Houszng Corporatlon mncluded as Attachment "B" which zs attached to
and made a part of this ordinance as if written word for word
herein, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Council hereby approves the "Agree-
ment" attached hereto, between the C~ty of Denton and Denton
Affordable Housing Corporation, and authorizes the C~ty Manager to
execute sald agreement
~ That the City Council authorzzes the expenditure
of funds for operatzng costs and project funding for the Denton
Affordable Housing Corporation included as Attachment "B"
SEC__~ III That thls ordinance shall become effective ~mme-
d~ately upon mts passage and approval
PASSED AND APPROVED this the /~ day of ~, 1996
JACK~LLER, MAYOR
ATTEST.
JENNIFER WALTERS, CITy SECRETARY
APP~VED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
AGREEMENT BETWEEN THE CITY OF DENTON
AND THE DENTON AFFORDABLE HOUSING CORPORATION
This Agreement Between the City of Denton and the Denton
Affordable Housing Corporation ("Agreement") is made and entered
1nto by and between the City of Denton, a Texas municipal corpora-
tlon ("CITY"), acting by and through Its City Manager, pursuant to
ordinance, and the Denton Affordable Housing Corporation, Denton,
Texas a certified non-profit community housing development
corporation, (,,CONTRACTOR")
WHEREAS, CITY has received funds from the U S Department of
Housing and Urban Development under the National Affordable Housing
Act of 1990 as amended by the Housing and Community Development Act
of 1992,
WHEREAS, CITY has adopted a budget for such funds and included
thereln an authorized Program Budget for expenditure of funds for
operating costs and project funding for the Denton Affordable
Housing Corporation included as Attachment "B",
WHEREAS, CITY has designated the Community Development Office
as the d~vlslon responsible for the administration of th~s Agree-
ment and all matters pertaining thereto, and
WHEREAS, CITY wishes to engage CONTRACTOR to carry out such
project,
NOW, THEREFORE, the parties hereto agree, and by the execu-
tion hereof are bound to the mutual obligations and to the per-
formance and accomplishment of the conditions hereinafter de-
scrlbed
I.
TERM
This Agreement shall commence on or as of September 01, 1996,
and shall terminate on August 31, 1998, unless adjusted by the
CITY Request for such an adjustment must be in writing and is to
be submitted to the Community Development Office
II.
RESPONSIBILITIES
A CONTP~ACTOR hereby accepts the responsibility for the per-
formance of all services and activities, described in the Work
Statement attached hereto as Attachment "A" and incorporated herein
as if set forth at length, in accordance with the Program Budget
attached hereto as Attachment "B" and the Schedule of Contract
Activities attached hereto as Attachment KC" and incorporated
herein as if set forth at length, in a satisfactory and efficient
manner as determined by CITY, in accordance with the terms herein
B CONTRACTOR's executive director shall be CONTRACTOR's
representatave responsible for the management of all contractual
matters pertaanang hereto, unless wratten notaflcataon to the
contrary as receaved from CONTRACTOR, and approved by CITY
C CONTRACTOR agrees that all andavadual projects under the
Sangle Famaly Dlsposltaon Program descrabed an Attachment ~A" to be
assasted wath HOME funds will have approval from the CITY of
Denton CONTRACTOR also agrees that prior to expenditure of HOME
funds on the Mockangbzrd Lane Project, also described an Attachment
~A", CONTRACTOR w~ll provade CITY wath a project pro forma
andacatang all sources and uses of funds for the project
CONTRACTOR must also provide CITY wath documentation of site and
raght of way control
D The CITY'S Communaty Development Admzn~strator will be
CITY's representatave responsable for the admlnlstrataon of thzs
Agreement
E CONTRACTOR shall comply wzth HUD Off~ce of Management and
Budget carculares A-122 and A-il0, Attachments B, F, M, paragraph
2 and Attachment 0
F CONTRACTOR shall be certlfzed as a "Communaty Houszng
Development Organazataon" (CHDO) with the State of Texas and the
Caty of Denton CONTRACTOR shall maintain CHDO Certaflcatlon for
the durataon of the contract term
G CONTRACTOR shall not request dasbursement of funds until
they are needed for payment of elag~ble costs The amount of each
request wall be l~m~ted to the amount needed as per 92 504
(c) (2) (vaa)
H CONTRACTOR shall not change the Program Budget wzthout
praor wratten approval from the CITY
I CONTRACTOR shall be responsible for performzng a szte
specafac environmental revaew praor to acquasatzon of propertaes
under the Sangle Famaly Dasposztzon Program
III.
CITY'S & CO~TRACTOR'S OBLIGATIONS
A CITY, zn accordance wath 24 CFR 92 208, Elzgzble CHDO
Operatang Expenses, shall provade funds in the amount of $20,000 or
less to assist the CONTRACTOR an the operatzon of the Denton
Affordable Housing Corporatzon CITY shall provzde an addataonal
$68,850 (,'Project Funds") for speczflc housing projects and
programs as descrabed the Work Statement, Attachment ~A"
B CONTRACTOR agrees to hold and save harmless the CITY, zts
offzcers and employees from any and all loss, cost, or damage of
every kand [including, property damage, bodzly an]ury or death],
nature or descrapt~on arzszng under th~s Agreement
PAGE 2
C CITY shall be responsible for performing an environmental
review to insure necessary compliances are met
D This Agreement and the payments made hereunder are con-
tlngent upon receipt of U S Department of Housing and Urban De-
velopment funds pursuant to the HOME Investment Partnership Pro-
gram, and shall terminate immediately, not withstanding the pro-
visions of Article XV hereof, should such funds be discontinued for
any reason
E The CONTRACTOR may not request disbursement of funds
until they are needed for payment of eligible costs The amount of
each request by the CONTRACTOR shall be limited to the amount
needed in accordance with 24 CFR 92 504 (c) (2) (vii) and shall
involve the activities set forth in the "Contract Activity
Schedule" attached as Attachment C
IV.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
A The CITY and CONTRACTOR agree to perform their duties
arising pursuant to the Agreement in compliance with the U S
Department of Housing and Urban Development HOME Investment
Partnership Program regulations at 24 CFR 92
B CONTRACTOR shall comply with the uniform administrative
requirements, as described in 24 CFR 92 505 in the HOME Investment
Partnership Program regulations, a copy of which is attached
hereto
C CONTRACTOR shall comply with all prescribed procedures
regarding nondiscrimination and equal opportunity, affirmative
marketing, displacement and relocation, labor relations, lead-based
paint and conflict of interest provisions described in 24 CFR 92
subpart H
D CONTRACTOR agrees to ensure that all HOME-assisted
housing or housing identified as match for the HOME program meets
all affordablllty requirements identified in 24 CFR 92 252 or
92 254 CONTRACTOR further agrees to develop a deed of trust for
use with all HOME-assisted units that incorporates these require-
ments, including remedies for breach of the agreement provisions
CONTRACTOR will provide the CITY with a copy of the deed of trust
with provisions described above for approval before the sale of any
HOME-assisted units
E CONTRACTOR agrees that all HOME-assisted housing will
meet the property standards requirements and that as a certified
Community Housing Development Corporation, they will comply with 24
CFR 92 300 and 92 301
F CONTRACTOR agrees that as a certified community housing
development corporation (CHDO), they will comply with 24 CFR 92 300
and 92 301
PAGE 3
G If it is determined that the use of the funding provided
by the CITY does not meet the requirements of the U S Department
of Housing and Urban Development HOME Investment Partnership Pro-
gram, the CONTRACTOR shall reimburse the CITY for the costs deter-
mined to be disallowed under the U S Department of Housing and
Urban Development HOME Investment Partnership Program regulations
H CONTRACTOR shall comply with all applicable Federal laws
and regulations at 24 CFR 92 subpart H Subpart H prescribes
procedures for compliance in the following areas nondiscrimina-
tion and equal opportunity, affirmative marketing, displacement and
relocation, labor relations, lead-based paint and conflict of
interest
I CONTRACTOR agrees that all housing assisted under this
agreement will meet the property standards requirements in 24 CFR
92 251
J CONTRACTOR agrees to comply with all applicable Federal
laws, laws of the State of Texas and ordinances of the City of
Denton
V.
REPRESENTATIONS
A The CITY is providing funding to the CONTRACTOR in order
to promote development of affordable housing Use of funds for
both administration and programming w~ll meet this stated goal
B The CITY ~s the only agent authorized to designate
changes to the Program Budget or to approve specific pro~ects and
programs authorized pursuant to the non-administration portion of
the Program Budget
C CONTRACTOR assures and guarantees that it possesses the
legal authority, pursuant to any proper, appropriate and official
motion, resolution or action passed or taken, to enter into this
Agreement
D The person or persons signing and executing this
Agreement on behalf of CONTRACTOR, do hereby warrant and guarantee
that he, she, or they have been fully authorized by CONTRACTOR to
execute this Agreement on behalf of CONTRACTOR and to validly and
legally bind CONTRACTOR to all terms, performances and provisions
herein set forth
E CITY shall have the right, at its option, to either
temporarily suspend or permanently terminate this Agreement if
there is a dispute as to the legal authority of either CONTRACTOR
or the person signing the Agreement to enter into this Agreement
CONTRACTOR is liable to CITY for any money it has received from
CITY for performance of the provisions of this Agreement if CITY
has suspended or terminated this Agreement for the reasons
enumerated in this Section
PAGE 4
F CONTRACTOR agrees that the funds and resources provided
CONTRACTOR under the terms of this Agreement will in no way be
substituted for funds and resources from other sources, nor in any
way serve to reduce the resources, services, or other benefits
which would have been available to, or provided through, CONTRACTOR
had this Agreement not been executed
VI.
COVENANTS
A During the term of this Agreement, CONTRACTOR shall not,
without the prior written consent of CITY's Community Development
Administrator or his/her authorized representative, change the use
of the funding provided by the CITY
Vii.
PROGRAM INCOME
Ail fees and interest payments on HOME-assisted units/projects
collected by CONTRACTOR are considered Program Income, and shall be
retained by the CONTRACTOR to be used for HOME-eligible activitIes
and in accordance with HOME program regulations CONTRACTOR shall
generate and maintain fiscal records reflecting the use and
disposition of Program Income Any interest income on deposited
HOME funds must be remitted to the City of Denton on a quarterly
basis
VIII.
MAINTENANCE OF RECORDS
A CONTRACTOR agrees to maintain records that will provide
accurate, current, separate, and complete disclosure of the status
of the funds received pursuant to this Agreement and pursuant to
any other applicable Federal and/or State regulations establishing
standards for financial management CONTRACTOR's record system
shall contain sufficient documentation to provide detailed support
and ~ustlflcatlon for each expenditure Nothing in this Section
shall be construed to relieve CONTRACTOR of fiscal accountability
and liability under any other provision of this Agreement or any
applicable law CONTRACTOR shall include the substance of this
provision in all subcontracts
B CONTRACTOR agrees to retain all books, records, docu-
ments, reports, and written accounting policies and procedures
pertaining to the operation of programs and expenditures of funds
pursuant to this Agreement for the period of time and under the
conditions specified by CITY
C Nothing in the above subsections shall be construed to
relieve CONTRACTOR of responsibility for retaining accurate and
current records which clearly reflect the level and benefit of
services provided pursuant to this Agreement
D At any reasonable time and as often as CITY may deem
necessary, the CONTRACTOR shall make available to CITY, or any of
PAGE 5
· ts authorzzed representatives, all of ~ts records and shall permit
CITY, or any of zts authorized representatives to audzt, examine,
make excerpts and cop~es of such records, and to conduct audzts of
all contracts, invoices, materials, payrolls, records of personnel,
cond~tlons or employment and all other data relatzng to the program
requested by sazd representatives
E The CONTRACTOR shall g~ve the C~ty of Denton, the U S
Department of Housing and Urban Development, or any of their duly
authorized representatives, access to and the r~ght to examine all
books, accounts, records, reports, f~les and other papers belonging
to or ~n use by the CONTRACTOR pertaining to th~s Agreement Such
rzghts to access shall continue as long as the records are retained
by the CONTRACTOR
IX.
REPORTS AND INFORMATION
A CONTRACTOR shall provzde quarterly fznanclal and
beneficiary reports that shall contain such records, data and
information as CITY may request and deem pertznent to matters
covered by thzsAgreement CONTRACTOR shall provide any additional
znformatzon as requested by the CITY w~thzn 10 days
B An audit must be conducted in accordance wzth 24 CFR
parts 44 and 45 as applzcable CONTRACTOR shall submzt a copy of
sazd audit to the Communzty Development Offzce wlthzn ten days of
receipt of the completed report
MONITORINOAND EVALUATION
The CITY shall conduct a performance review of CONTRACTOR on
an annual bas~s or as otherwise deemed necessary by the CITY to
evaluate compliance w~th the prov~szons of th~s Agreement as neces-
sary in the performance of its duties of program accountability
XI.
INSURANCE
A CONTRACTOR shall observe sound buszness practices wzth
respect to provzd~ng such bonding and ~nsurance as would provide
adequate coverage for servzces offered under thzs Agreement
B The premises on and in which the actlvltzes descrzbed ~n
Exhibit A are conducted, and the employees conductzng these
actzvltles, shall be covered by premise llabzllty insurance, com-
monly referred to as "Owner/Tenant" coverage wzth CITY named as an
additional ~nsured Upon request of CONTRACTOR, CITY may, at ~ts
sole d~scretzon, approve alternate insurance coverage arrangements
C CONTRACTOR will comply with applicable workers' compensa-
tion statutes and w~ll obtain employers' liability coverage where
available and other appropriate l~ab~llty coverage for program
part~cmpants, if applicable
PAGE 6
D CONTRACTOR will maintain adequate and continuous
liability insurance on all vehicles owned, leased or operated by
CONTRACTOR Ail employees of CONTRACTOR who are required to drive
a vehicle in the normal scope and course of their employment must
possess a valid Texas driver's license and automobile liability
insurance Evidence of the employee's current possesszon of a
valid license and insurance must be maintained on a current basis
in CONTRACTOR's files
E Actual losses not covered by insurance as required by
this Section are not allowable costs under this Agreement, and
remain the sole responsibility of CONTRACTOR
F The policy or policies of insurance shall contain a
clause which requires that CITY and CONTRACTOR be notified in
writing of any cancellatzon or change in the policy at least thirty
(30) days prior to such change or cancellation
XII.
EQUAL OPPORTUNITY
During the performance of this Agreement, the CONTRACTOR is
subject to Executive Order 11246, as amended, and, therefore,
agrees to the following
(1) The CONTRACTOR will not discriminate against any employee
or applicant for employment because of race, color,
religion, sex, national origin, or familial status The
CONTRACTOR will take affirmative action to ensure that
applicants who are employed are treated during employment
without regard to their race, color, religion, sex,
national origin, or familial status, concerning such
employment, upgrading, demotion, or transfer, recruitment
or recruitment advertising, layoff or termination, rates
of pay or their apprenticeship the CONTRACTOR agrees to
post in conspicuous places, available to both employees
and applicants for employment, notices to be provided by
the CITY setting forth provisions of this nondiscrimina-
tion clause
(2) The CONTRACTOR, in all solicitations or advertisements
for employees placed by or on behalf of the CONTRACTOR,
shall state that all qualified applicants will receive
consideration for employment w~thout regard to race,
color, religion, sex, national origin, or familial
status
XIiI.
CONFLICT OF INTEREST
A CONTRACTOR covenants that neither it nor any member of
its governing body presently has any interest, direct or indirect,
which would conflict in any manner or degree w~th the performance
of services required to be performed under this Agreement CON-
TRACTOR further covenants that in the performance of this Agree-
PAGE 7
ment, no person havzng such znterest shall be employed or appointed
as a member of its governing body
B CONTRACTOR further covenants that no member of Its
governing body or its staff, subCONTRACTORs or employees shall
possess any interest in or use his position for a purpose that is
or gives the appearance of being motivated by desire for private
gain for himself, or others, particularly those with which he has
family, business, or other ties
C No offzcer, member, or employee of CITY and no member of
its governzng body who exerczses any function or responsibilities
in the review or approval of the undertaking or carrying out of
this Agreement shall (1) partzclpate in any decision relating to
the Agreement which affects his personal Interest or the interest
in any corporation, partnership, or association in which he has
direct or Indirect znterest, or (2) have any interest, direct or
indirect, in this Agreement or the proceeds thereof
XIV.
POLITICAL OR SECTARIAN ACTIVITY
A None of the performance rendered hereunder shall ~nvolve
any political activity (including, but not limited to, any activity
to further the election or defeat of any candidate for public
office) or any activity undertaken to influence the passage, defeat
or final content of legislation
B None of the performance rendered hereunder shall involve
or benefit in any, manner any sectarian or religious activity
XV.
WARRANTIES
CONTRACTOR represents and warrants that
A All information, reports and data heretofore or hereafter
requested by CITY and furnished to CITY, are complete and accurate
as of the date shown on the information, data, or report, and,
since that date, have not undergone any significant change without
written notice to CITY
B Any supporting financial statements heretofore requested
by CITY and furnished to CITY, are complete, accurate and fairly
reflect the financial condition of CONTRACTOR on the date shown on
said report, and the results of the operation for the period
covered by the report, and that since said date, there has been no
material change, adverse or otherwise, in the financial condition
of CONTRACTOR
C No lltzgatlon or legal proceedings are presently pending
or threatened against CONTRACTOR
D None of the provzslons herein contravenes or is in con-
fllct wzth the authority under which CONTRACTOR is doing business
PAGE 8
or with the provisions of any existing ~ndenture or agreement of
CONTRACTOR
E CONTRACTOR has the power to enter into this Agreement and
accept payments hereunder, and has taken all necessary actzon to
authorize such acceptance under the terms and conditions of this
Agreement
F None of the assets of CONTRACTOR is subject to any lien
or encumbrance of any character, except for current taxes not
delinquent, except as shown in the financial statements furnished
by CONTRACTOR to CITY
Each of these representations and warranties shall be continu-
ing and shall be deemed to have been repeated by the submission of
each request for payment
XVI.
COVENANTS
A Durlng the period of time that payment may be made here-
under and so long as any payments remain unl~quldated, CONTRACTOR
shall not, without the prior written consent of the Community
Development Administrator or her authorized representative
(1) Mortgage, pledge, or otherwise encumber or suffer to
be encumbered, any of the assets of CONTRACTOR now owned or
hereafter acquired by it, or permzt any pre-exlstzng mortgag-
es, liens, or other encumbrances to remain on, or attached to,
any assets of CONTRACTOR which are allocated to the perfor-
mance of this Agreement and with respect to which CITY has
ownership hereunder
(2) Sell, assign, pledge, transfer or otherwise dmspose
of accounts receivables, notes or claims for money due or to become
due
(3) Sell, convey, or lease all or substantial part of
its assets
{4) Make any advance or loan to, or incur any llabzllty
for any other firm, person, entzty or corporation as guaran-
tor, surety, or accommodation endorser
(5) Sell, donate, loan or transfer any equzpment or mtem
of personal property purchased with funds pa~d to CONTRACTOR
by CITY, unless CITY authorizes such transfer
B Should CONTRACTOR use funds received under this Agreement
to acquire or improve real property under CONTRACTOR's control,
CONTRACTOR agrees and covenants
(1) That the property shall be used to meet one of the
national ob3ectlves stated zn §24 CFR 570 until August 31,
2006
PAGE 9
(2) That should CONTRACTOR transfer or otherwise dispose
of said property on or before August 31, 2006, CONTRACTOR
shall reimburse CITY in the amount of the fair market value of
the property less any portion of the value attributable to
expenditures of non-CDBG funds for acquisition of, or improve-
ment to, the property
C. CONTRACTOR agrees, upon written request by CITY, to
require its employees to attend training sessions sponsored by the
Community Development Office
XVII.
MONITORING AND EVALUATION
A CITY shall perform on-site monitoring of CONTRACTOR's
performance under this Agreement
B CONTRACTOR agrees that CITY may carry out monitoring and
evaluation activities to ensure adherence by CONTRACTOR to the Work
Statement, and Program Goals and Objectives, which are attached
hereto as Exhibit A, as well as other provisions of this Agreement
C CONTRACTOR agrees to cooperate fully with CITY in the
development, implementation and maintenance of record-keeping
systems and to provide data determined by CITY to be necessary for
CITY to effectively fulfill its monitoring and evaluation responsi-
bilities
D CONTRACTOR agrees to cooperate in such a way so as not to
obstruct or delay CITY in such monitoring and to designate one of
its staff to coordinate the monitoring process as requested by CITY
staff
E After each official monitoring VlS~t, CITY shall provide
CONTRACTOR with a written report of monitoring f~ndlngs
F CONTRACTOR shall submit copzes of any fiscal, management,
or audit reports by any of CONTRACTOR's funding or regulatory
bodies to CITY within five (5) working days of receipt by CONTRAC-
TOR
XVIII.
DIRECTORS' MEETINGS
During the term of this Agreement, CONTRACTOR shall cause to
be delivered to CITY copies of all notices of meetings of its Board
of D~rectors, setting forth the time and place thereof Such
notice shall be delivered to CITY ~n a t~mely manner to give
adequate notice, and shall include an agenda and a brief descrip-
tion of the matters to be discussed CONTRACTOR understands and
agrees that CITY representatives shall be afforded access to all of
the Board of Directors' meetings
Minutes of all meetings of CONTRACTOR's governing body shall
be available to CITY within ten (10) working days of approval
PAGE 10
XIX.
NEPOTISM
CONTRACTOR shall not employ in any paid capacity any person
who is a member of the immediate family of any person who is
currently employed by CONTRACTOR, or is a member of CONTRACTOR's
governing board The term "member of immediate family" includes
wife, husband, son, daughter, mother, father, brother, sister,
in-laws, aunt, uncle, nephew, niece, step-parent, step-child,
half-brother and half-sister
XX.
SUSPENSION OF FUNDING
A Upon determination by CITY of CONTRACTOR's failure to
timely and properly perform each of the requirements, time
conditions and duties provided herein, CITY, without limiting any
rights it may otherwise have, may, at its discretion, and upon ten
(10) working days written notice to CONTRACTOR, withhold further
payments to CONTRACTOR Such notice may be given by mall to the
Executive Officer and the Board of Directors of CONTRACTOR The
notice shall set forth the default or failure alleged, and the
action required for cure
B The period of such suspension shall be of such duration
as is appropriate to accomplish corrective action, but in no event
shall it exceed thirty (30) calendar days At the end of the
suspension period, if CITY determines the default or deficiency has
been satisfied, CONTRACTOR may be restored to full compliance
status and paid all eligible funds withheld or impounded during the
suspension period If, however, CITY determines that CONTRACTOR
has not come into compliance, the provisions of Section XXVI may
be effectuated
XXI.
TERMINATION
A The CITY shall have the right to terminate this Agree-
ment, in whole or in part, at any time whenever the CITY determines
that the CONTRACTOR has failed to comply with any term of this
Agreement The CITY shall notify the CONTRACTOR in writing thirty
(30) days prior to the date of termination, the effective date of
such termination, and in the case of partial termination, the
portion of the Agreement to be terminated Property shall be sub-
~ect to disposItion
B The CITY shall have the right to terminate this Agreement
for convenience, in whole or in part, with the consent of CONTRAC-
TOR and when both parties agree upon the termination conditions,
including the effective date and the portion to be terminated
C The CONTRACTOR shall have the right to terminate this
Agreement for convenience, in whole or in part, by written noti-
fication to the CITY, which shall include the reason for such
termination, the effective date and the portion to be terminated
PAGE 11
If, in the case of a partial termination, it is the determination
of CITY that the remaining portion of the award is not sufficient
to accomplish the pro3ect as described in the Work Statement, CITY
may require that the entire grant be terminated
XXII.
INDEMNIFICATION
A. It is expressly understood and agreed by both parties
hereto that CITY is contracting with CONTRACTOR as an independent
CONTRACTOR and that as such, CONTRACTOR shall save and hold CITY,
its officers, agents and employees harmless from all liability of
any nature or kind, including costs and expenses for, or on account
of, any claims, audit exceptions, demands, suits or damages of any
character whatsoever resulting in whole or in part from the per-
formance or omission of any employee, agent or representative of
CONTRACTOR.
B. CONTRACTOR agrees to provide the defense for, and to
indemnify and hold harmless CITY its agents, employees, or CON-
TRACTORs from any and all claims, suits, causes of action, demands,
damages, losses, attorneys fees, expenses, and liability arising
out of the use of these contracted funds and program administration
and implementation except to the extent caused by the willful act
or omission of CITY, its agents, employees, or CONTRACTORs.
XXIII.
NOTICE
For purposes of this Agreement, all official communications
and notices among the parties shall be deemed made as of the date
mailed if sent postage paid to the part~es and address set for
below
TO CITY TO CONTRACTOR
City Manager Director
City of Denton Denton Affordable Housing Corporation
215 E McKlnney St 405 S Elm, Suite 304
Denton, Texas 76201 Denton, Texas 76201
XXIV
VENUE
This Agreement shall be interpreted in accordance with the
laws of the State of Texas and venue of any litigation concerning
this Agreement shall be in a court of competent 3urlsdlctlon
sitting in Denton County, Texas
IN ~I~NESS OF WHICH t~lS Agreement has been executed on this
the /~/~ day of ~2~.~_~w~_~_ 1996
PAGE 12
CITY OF DENTON
TED BENAVIDES, CITY MANAG~kI%
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
DENTON AFFORDABLE HOUSING
CORPORATION
SECRETARY
E\WPDOCS\K\DE~F K
PAGE 13
ATTACHMENT "A"
WORK STATEMENT
Denton Affordable Housing Corporation
The Denton Affordable Housing Corporation (.DAHC") was developed to
increase the supply of affordable housing in the Denton area The
organization is designed to carry out the following activities but
is not limited to these administration, rehabilitation, acquisi-
tion, new construction, tenant-based rental assistance and public
service programs
Expenditure of C~ty funds for housing pro3ects is limited to
pro3ects within the city limits of Denton DA/qC's projects and
programs will primarily benefit low and moderate income households
Low and moderate income is defined as households below 80% of the
area median income
The Single Family Disposition Program ~s part of DAHC's Affordable
Housing Opportunity Program HOME funding in the amount of $23,350
will be used in the Program This program entails acquisition of
foreclosed properties from the US Department of Housing & Urban
Development and/or other entitles After acquisition, if neces-
sary, the housing units are renovated and sold to HOME-eligible
households
The Mockingbird Lane Project Involves the development of 15 to 25
single family housing un.ts on property donated and acquired by the
Denton Affordable Housing Corporation The project includes
acquisItion of property ad3acent to the donated site off Mocking-
bird Lane, project planning, site development, construction and
sale of the single family units HOME funding of $45,500 w~ll be
provided to the Pro]ect
ATTACMMENT "B"
PROGRAM BUDGET
Operating Budget
Salaries, rent, utilities, telephone, supplies, postage,
and other eligible operating costs $ 20,000
Mockingbird Lane Project
Pro3ect delivery expenses (personnel, supplIes, tele-
phone,etc) $ 6,500
Construction Costs (infrastructure and housing units)
$ 39,000
TOTAL $ 45,500
ATTACHMENT ~C"
SCHEDULE OF CONTRACT ACTIVITIES
MOCKINGBIRD LANE HOUSING CONSTRUCTION
I 04/01/97 07/31/97 10/91/97 01/01198 04101/98 07/01/98
09/01/96
01/01/97
to 06/3t°7{2/9 to to to to to
to 03131/97 09/30~97 12/31/97 03/31/98 06/30/98 08/31/98
12/31/96
Property Acqum~bon Phase
ProJect Planmng Phase
Proposal Process
CONTRACTOR Selection
Start of Construction
25% Completion
50% Completion
75% Completion
Construction Completion
Housing Sales
Housing Sales Complete
HOMEOWNERSHIP OPPORTUNITY - SINGLE FAMILY DISPOSITION PROGRAM
The Homeownersh~p Opportumty-S~ngle Family D~spos[bon Program ~s an ongoing
program Homes are purchased rehab~htated and sold to ehg~ble homeowners Funds
prowded to DAHC under thru program w~ll be spent ~n a t~mely manner with at least 25%
of all funds spent on or before July 1, 1997 and 75% of funds spent on or before
January 1, 1998 The rema~mng funds w~ll be expended prior to the end of the contract
term