2000-385FILE REFERENCE FORM [ 2000-385 ]
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S) Date Initials
Ordinance No. 2002-033 - First Amendment to Agreement 01/15/02
Ordinance No. 2002-330 - Second Amendmem to Agreement 11/05/02
OP. DrNANCE NO.
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; PROVIDING FOR THE TERMS OF SAID
CONTRACT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
AND TO EXPEND FUNDS WITH RESPECT TO THE AGREEMENT; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the 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, the City has adopted a budget for such funds included therein an authorized
program budget for expenditure of funds, for operating costs and project funding for the Denton
Affordable Housing Corporation (DAHC); and
WHEREAS, the City Manager has determined that the DAHC is the only state-certified
community housing development organization (CHDO) that includes the required number of low
income citizens from the City on its board of directors necessary to satisfy federal requirements
to serve the City's geographical area and that DAHC has provided management services to the
City to provide affordable housing within the City which as significantly benefited the
community; and
WHEREAS, DAHC has a demonstrated history of significant service to the community
in the area of affordable housing; and
WHEREAS, this agreement, therefore, qualifies as a sole source procurement in
accordance with §252.022(7)(0 of the TEX. LOC. GOV'T CODE and does not need to be
competitively bid; and
WHEREAS, the City Council deems it in the public interest to ente~ into an agreement
for an affordable housing program with the DAHC; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council hereby approves the attached Agreement between the
City and the DAHC to provide for an affordable housing program in accordance with the terms
of this Agreement, which Agreement is made a part of this ordinance for all purposes, and
authorizes the City Manager to execute this Agreement.
SECTION 2. That the City Council authorizes the expenditure of funds for operating
costs and project funding for the DAHC in accordance with the terms of the attached Agreement.
~ That this or&nance shall become effective lmmed~ately upon its passage
and approval
PASSED AND APPROVED th~s the /~1 q-tx day of_ ~_~)12'7~ae' ,2000
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
AGREEMENT BETWEEN THE CITY OF DENTON
AND THE DENTON AFFORDABLE HOUSING CORPORATION
Th~s Agreement between the C~ty of Denton and the Denton Affordable Housing
Corporation ("Agreement") is made and entered into by and between the Ctty of Denton, a Texas
mumc~pal corporatmn ("CITY"), acting by and through ~ts C~ty Manager, pursuant to ordinance,
and the Denton Affordable Housing Corporatton, 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
Commumty Development Act of 1992,
WHEREAS, CITY has adopted a budget for such funds and ~ncluded therein an authorized
Program Budget for expenditure of funds for prows~on of an affordable housmg program by the
Denton Affordable Housing Corporation ~ncluded as Attachment "B",
WHEREAS, CITY has demgnated the Commumty Development Office as the d~wsmn
responsible for the admm~straUon of tlus Agreement and all matters pertalmng thereto, and
WHEREAS, the Ctty Manager has determined that CONTRACTOR is the only state-
certified community housing development orgamzat~on (CHDO) that includes the reqmred number
of lowqncome cmzens from the CITY on ~ts board of d~rectors to satisfy federal reqmrements
necessary to serve the CITY's geographical area, that the CONTRACTOR has prowded
management services to the CITY to promote affordable housing wlthm the CITY which has
s~gmficantly benefited the commumty, and CONTRACTOR has a demonstrated h~story of
s~gmficant servme to the commumty ~n the area of affordable houstng, and
WHEREAS, CITY w~shes to engage CONTRACTOR to carry out such project,
NOW, THEREFORE, the part,es hereto agree, and by the executmn hereof are bound to the
mutual obbgat~ons and to the performance and accomplishment of the condmons hereinafter
described
1
TERM
Th~s Agreement shall commence on or as of September 1, 2000, and shall terminate on
August 31, 2005, unless adjusted by the CITY Request for such an adjustment must be ~n writing
and ~s to be submitted to the Commumty Development Office
2
RESPONSIBILITIES
A CONTRACTOR hereby accepts the responsibility for the performance 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 "C" and
incorporated herein as if set forth at length, and as otherwise set forth herein, in a satisfactory and
efficient manner as determined by CITY, in accordance with the terms herein
B CONTRACTOR's executive &rector shall be CONTRACTOR's representative
responsible for the management of all contractual matters pertaining hereto, unless written notifica-
tion to the contrary is received from CONTRACTOR, and approved by CITY
C CONTRACTOR agrees that all individual projects under the Affordable Housing
Program described in Attachment "A" to be a,,slsted with HOME funds will have approval from the
CITY of Denton CONTRACTOR agrees that project delivery costs paid with HOME funds or
HOME proceeds will not exceed more than 10% of the total project cost as determined by the
CITY CONTRACTOR also agrees that prior to expenditure of HOME program proceeds on the
Mockingbird Lane Project, also described in Attachment "A", CONTRACTOR will provide CITY
with a project pro forma indicating all sources and uses of funds for the project CONTRACTOR
must also provide CITY with documentation of site and right of way control
D The CITY's Commumty Development Admunstrator will be CITY's representative
responsible for the administration of this Agreement
E CONTRACTOR shall comply with HUD Office of Management and Budget
circulars A-122 and A-110, Attachments B, F, H, paragraph 2 and Attachment O
F CONTRACTOR shall be certified as a "Community Ho/~slng Development
Organization" (CHDO) with the State of ~[exas and the City of Denton CONTRACTOR shall
mmntmn CHDO Cemficatlon for the duration of the contract term
G CONTRACTOR shall not request disbursement of funds until they are needed for
payment of eligible costs The amount of each request will be limited to the amount needed as per
92 504 (e)(2)(vl0
H CONTRACTOR shall not change the Program Budget without prior written
approval from the CITY
CONTRACTOR shall be responsible for performing a site-specific environmental
review prior to acquisition of properties to be used for affordable housing projects
Page 2 of 14
j CONTRACTOR shall conduct a public heanng at least once annually to review
proposed and in-progress activities and receive citizen input Hearing(s) will be advertised at least
15 days in advance Advertising, at a minimum, must include publication in a newspaper with
local circulation The heanng may be combined with CONTRACTOR's annual membership
meeting A summary of comments from the public heanng will be submitted to the Community
Development Division within 30 days of the date of the public heanng
K CONTRACTOR shall provide timely notice to area residents prior to increasing the
number of umts in the area by more than three single family or four multlfamdy units Notice will
be provided to residents within 500 feet of the proposed development Notice will include contact
information or identification of opportunities for residents to comment on the proposed
development CONTRACTOR will also hold public forums as necessary in areas where more than
three single family or four multlfamdy units are purchased for renovation and sale Forums will
provide reformation on potential projects and available programs
3
CITY'S & CONTRACTOR'S OBLIGATIONS
A CITY, shall provide funds in the amount of $192,167 or less in project funds to the
CONTRACTOR for specific housing projects and programs as described the Work Statement,
Attachment "A"
B CONTRACTOR agrees to hold and save harmless the CITY, its officers and
employees from any and all loss, cost, or damage of every kind [including, property damage, bodily
injury or death], nature or description arising under this Agreement
C CITY shall be responsible for performing a general environmental review to insure
necessary compliances are met
D CONTRACTOR shall be responsible for performing a project-specific
environmental review to insure necessary compliances are met
E This Agreement and the payments made hereunder are contingent upon receipt of
U S Department of Housing and Urban Development funds pursuant to the HOME Investment
Partnership Program, and shall terminate immediately, not withstanding the provisions of Article
XiX hereof, should such funds be discontinued for any reason
F 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)(vn) and shall involve the activities
set forth m the "Contract Activity Schedule" attached as Attachment C
G Upon dissolution of the CONTRACTOR any remaining funds or assets derived
from the expenditure of the CITY's funds, hereinafter sometimes described as the CITY's HOME
funds, proceeds or HOME-funded projects, must be Immediately returned to the CITY
Page 3 of 14
H CONTRACTOR shall perform all services, obligations and activities as required by
the Third Amendment (FY99) To Agreement Between the City of Denton And The Denton
Affordable Housing Corporation relating to the Toledo Court Project, including w~thout limitation
all services, obligations and activities necessary to fully comply with the Memorandum of
Understanding Toledo Court Subdivision executed by CITY, CONTRACTOR and the Singing
Oaks Neighborhood Association
4
COMPLIANCE WITIt 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 m 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 pmnt 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 affordahihty requirements identified ~n 24
CFR 92 252 or 92 254 CONTRACTOR further agrees to develop a deed of trust for use Wlth all
HOME-assisted umts that incorporates these requirements, including remedies for breach of the
agreement provisions CONTRACTOR will provide the CITY w~th 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 as a certified Community Housing Development
Corporation (CHDO), ~t will comply with 24 CFR 92 300 and 92 301
F If ~t 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
PartnersIup Program, the CONTRACTOR shall reimburse the CITY for the costs determined to be
disallowed under the U S Department of Housing and Urban Development HOME Investment
Partnership Program regulations
G CONTRACTOR agrees that all housing assisted under this agreement will meet the
property standards reqmrements in 24 CFR 92 25 l
H CONTRACTOR agrees to comply with all applicable Federal laws, laws of the
State of Texas and ordinances of the City of Denton
Page 4 ofl4
REPRESENTATIONS
A The CITY is providing funding to the CONTRACTOR in order to promote
development of affordable housing Use of funds for programming wtll meet this stated goal
B The CITY is the only agent authorized to designate changes to the Program Budget
or to approve specific projects 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 s~gnlng 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 CONTRAC-
TOR is hable 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
F CONTRACTOR agrees that the funds and resources provided CONTRACTOR
under the terms of tlus 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 avmlable to, or provided through, CONTRACTOR had this Agreement not been executed
6
PROGRAM INCOME
A HOME program income is defined as all fees and interest payments on HOME-
assisted units/proJects and any interest income on deposited HOME funds or program proceeds
collected by the CONTRACTOR Program income may be retained by the CONTRACTOR to be
used for HOME-eligible activities included in the Work Statement included herein as Attachment
"B" Provided, however that any interest on deposited HOME funds must be remitted to the CITY
on a quarterly bas~s
B HOME program proceeds are defined as income from the sale of HOME-assisted
housing Proceeds may be retained by the CONTRACTOR for use on other HOME-eligible
activities ~ncluded in the Work Statement included here as Attachment "B"
Page 5 of 14
C Any income generated from the use of HOME funds, proceeds, or any income
generated through subsequent use of these funds shall continue to be used by the CONTRACTOR
for HOME-eligible activities included In the Work Statement in the City of Denton Use of the
funds on projects or programs other than those identified in this Agreement must be approved in
writing by the CITY Any income retained and used by the CONTRACTOR must be available to
the CITY as a matching contribution for the HOME program Upon request, CONTRACTOR w~ll
approve appropriate certifications stating that funding ~s available as a HOME program match to
the CITY
7
MAINTENANCE OF RECORDS
A CONTRACTOR agrees to maintain records that will provide accurate, current,
separate, and complete d~sclosure of the status of the funds received pursuant to tins Agreement and
pursuant to any other applicable Federal and/or State regulations estabhshIng standards for financial
management CONTRACTOR's record system shall contain sufficient documentation to provide
detmled support and justification for each expenditure Nothing in this Section shall be construed
to relieve CONTRACTOR of fiscal accountabihty and habdlty under any other provision of tins
Agreement or any apphcable law CONTRACTOR shall include the substance of this provision in
all subcontracts
B CONTRACTOR agrees t° retain all b°°ks' rec°rds'-d°cuments' re?°rtS-'ena~d~tuTestteo~
accounting polimes and procedures pertmmng to the operation oI programs anu exp~n
funds pursuant to th~s Agreement for the period of time and under the conditions specified by
CITY
C Notinng in the above subsections shall be construed to relieve CONTRACTOR of
responsib~hty for retalmng accurate and current records, which clearly reflect the level and benefit
of services, provided pursuant to this Agreement
D At any reasonable t~me and as often as CITY may deem necessary, the
CONTRACTOR shall make available to CITY, or any of its authorized representatives, all of ~ts
records and shall permit CITY, or any of its authorized representatives to audit, examine, make
excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials,
payrolls, records of personnel, condltmns or employment and all other data relating to the program
requested by smd representatives
Page 6 of 14
E The CONTRACTOR shall give the City of Denton, the U S Department of
Housing and Urban Development, or any of their duly authorized representatives, access to and the
right to examine all books, accounts, records, reports, files and other papers belonging to or in use
by the CONTRACTOR pertmmng to this Agreement Such rights to access shall continue as long
as the CONTRACTOR ~s required to retain the records
8
REPORTS AND INFORMATION
A CONTRACTOR shall prowde quarterly financial and beneficiary reports that shall
contain such records, data and ~nformatlon as CITY may request and deem pertinent to matters
covered by this Agreement CONTRACTOR shall provide any additional ~nformatlon as requested
by the CITY within 10 days
B An audit must be conducted in accordance with 24 CFR parts 44 and 45 as
applicable CONTRACTOR shall submit a copy of smd audit to the Community Development
Office within ten days of receipt of the completed report
C CONTRACTOR shall subrmt copies of all public meeting advertisements and
residents notifications setting forth the time and place thereof, including without hm~tat~on board of
director meetings, to the Commumty Development Division office at least 72 hours prior to the
meeting in accordance with Section 16 of this Agreement
9
INSURANCE
A CONTRACTOR shall observe sound business practices w~th respect to providing
such bondmg and insurance as would provide adequate coverage for services offered under this
Agreement
B The premises on and in which the activities described in Exhibit A are conducted,
and the employees conducting these activities, shall be covered by premise liability insurance, com-
monly referred to as "Owner/Tenant" coverage with CITY named as an additional insured Upon
request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage
arrangements
C CONTRACTOR will comply w~th applicable workers' compensation statutes and
will obtmn employers' liability coverage where avmlable and other appropriate liability coverage
for program part~mpants, if apphcable
D CONTRACTOR will mamtmn adequate and continuous hablhty insurance on all
vehicles owned, leased or operated by CONTRACTOR All employees of CONTRACTOR who
are required to drive a vehicle in the normal scope and course of their employment must possess a
vahd Texas driver's hcense and automobile hablhty insurance Ewdence of the employee's current
Page 7 of 14
possession of a vahd 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 remmn 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 cancellation or change in the policy at least thirty
(30) days prior to such change or cancellation
10
EQUAL OPPORTUNITY
Dunng the performance of ti'ns Agreement, the CONTRACTOR is subject to Executive
Order 11246, as amended, and, therefore, agrees to the following
(1) The CONTRACTOR will not discriminate agmnst any employee or applicant for
employment because of race, color, religion, sex, national ong~n, or farmhal status
The CONTRACTOR will take affirmative action to ensure that apphcants who are
employed are treated dunng employment without regard to their race, color,
rehg~on, sex, national ong~n, 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 prowslons of this
nondiscnmlnatlon clause
(2) The CONTRACTOR, m 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 without regard to race, color, rehg~on, sex,
national origin, or fam~hal status
11
CONFLICT OF INTEREST
A CONTRACTOR covenants that neither it nor any member of its governing body
presently has any interest, d~rect or indirect, which would conflict in any manner or degree with the
performance of services required to be performed under this Agreement CONTRACTOR further
covenants that in the performance of this Agreement, no person having such interest shall be
employed or appointed as a member of ~ts 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 this position for a purpose
that is or g~ves the appearance of being motivated by desire for private gain for themselves, or
others, particularly those with which they have family, business, or other ties
Page 8 of 14
C No officer, member, or employee of CITY and no member of its governing body
who exercises any function or responsibilities in the review or approval of the undertaking or
carrying out of this Agreement shall participate in any decision relating to the Agreement which
affects lus personal interest or the Interest in any corporation, partnership, or association in which
he has direct or indirect interest
12
POLITICAL OR SECTARIAN ACTIVITY
A None of the performance rendered hereunder shall involve 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
13
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 mformatlon, 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 litigation or legal proceedings are presently pending or threatened against
CONTRACTOR
D None of the provisions herein contravenes or is in conflict with the authority under
which CONTRACTOR is doing business or with the provisions of any existing indenture or
agreement of CONTRACTOR
E CONTRACTOR has the power to enter ~nto this Agreement and accept payments
hereunder, and has taken all necessary action to authorize such acceptance under the terms and
conditions of this Agreement
Page 9 of 14
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
G Each of these representations and warranties shall be continuing and shall be
deemed to have been repeated by the submission of each request for payment
14
COVENANTS
A Dunng the period of time that payment may be made hereunder and so long as any
payments remmn unhqmdated, CONTRACTOR shall not, without the prior written consent of the
Community Development Administrator or her anthonzed 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 permit any
pre-exlsUng mortgages, liens, or other encumbrances to remain on, or attached to, any assets
of CONTRACTOR which are allocated to the performance of ttus Agreement and with
respect to which CITY has ownership hereunder
(2) Sell, assign, pledge, transfer or otherwise dispose 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 liability for any other firm,
person, entity or corporation as guarantor, surety, or accommodation endorser
(5) Sell, donate, loan or transfer any equipment or item of personal property
purchased with funds prod to CONTRACTOR by CITY, unless CITY authorizes such
transfer
B CONTRACTOR agrees, upon written request by CITY, to reqmre its employees to
attend trmmng sessions sponsored by the Community Development Office
15
MONITORING AND EVALUATION
A CITY shall perform on-site momtonng of CONTRACTOR's performance under
this Agreement
B CONTRACTOR agrees that CITY may carry out momtonng and evaluation
activities to ensure adherence by CONTRACTOR to the Work Statement, and Program Goals and
Objectives, which are attached hereto as Attachment A, as well as other provisions of this
Agreement
Page 10 of 14
C CONTRACTOR agrees to cooperate fully with CITY m 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 responslbthtles
D CONTRACTOR agrees to cooperate ~n such a way so as not to obstruct or delay
CITY in such monitonng and to designate one of its staff members to coordmate the momtonng
process as requested by CITY staff
E CITY shall provide a written evaluation of contract performance to the
CONTRACTOR within 30 days of the monitoring
F Within 60 days of notification by the CITY, the CONTRACTOR shall provide
complete responses include a statement acknowledging any corrective action required to be taken
due to City of Denton momtonng findings and concerns
G CONTRACTOR shall submit copies of any fiscal, management, or audit reports by
any of CONTRACTOR's fun&ng or regulatory bodies to CITY within five (5) working days of
receipt by CONTRACTOR
16.
DIRECTORS' MEETINGS
A CONTRACTOR shall ensure that all board of directors and membership meetings
are publicly advertised and an agenda posted with the City Secretary and the Community
Development Division at least 72 hours pnor to the meeting Such notice shall include an agenda
and a brief descnptton of the matters to be discussed
B CONTRACTOR understands and agrees that CITY representatives shall be
afforded access to all of the Board of Directors' meetings
C Minutes of all meetings of CONTRACTOR's govermng body shall be available to
CITY within ten (10) working days of approval
17
NEPOTISM
CONTRACTOR shall not employ in any paid capacity any person who is a member of the
immediate family of any person who ts 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
Page 11 of 14
18.
SUSPENSION OF FUNDING
A Upon determlnatton by CITY of CONTRACTOR's failure to timely and properly
perform each of the reqmrements, ttme conditions and duties provided herein, CITY, without
hmlttng any rights ~t may otherwise have, may, at its discretion, and upon ten (10) working days
written notme to CONTRACTOR, withhold further payments to CONTRACTOR Such notice
may be g~ven by mml to the Executtve Officer and the Board of Directors of CONTRACTOR The
notice shall set forth the default or fmlure alleged, and the actmn required for cure
B The period of such suspension shall be of such duration as ts appropriate to
accomphsh correcttve action, but tn no event shall it exceed thirty (30) calendar days At the end of
the suspension period, if CITY determtnes the default or defictency has been satisfied,
CONTRACTOR may be restored to full comphance status and prod all ellgtble funds withheld or
tmpounded dunng the suspenston period If, however, CITY determtnes that CONTRACTOR has
not come tnto comphance, thts Agreement may be terminated under Section 19 of this Agreement
19
TERMINATION
A The CITY shall have the right to terminate tl, as Agreement, m whole or in part, at
any time whenever the CITY determmes that the CONTRACTOR has failed to comply w~th any
term of thts Agreement The CITY shall notify the CONTRACTOR in writing thirty (30) days
prior to the date of termtnatton, the effecttve date of such termlnatton, and m the case of partml
termtnatton, the port,on of the Agreement to be termtnated Property shall be subject to dlsposltton
B The CITY shall have the right to termmate this Agreement for convemence, ~n
whole or in part by written notfficatton to the CONTRACTOR whtch shall include the mason for
such termmatton, the effective date and the portion to be terminated
C The CONTRACTOR shall have the right to terminate this Agreement for
convemence, tn whole or ~n part, by written nottficatmn to the CITY, which shall tnclude the reason
for such termination, the effective date and the portion to be terminated
D If, in the case of a partial termination, it is the determination of CITY that the
remaining portton of the award is not sufficient to accomplish the project as described in the Work
Statement, CITY may require that the entire grant be terminated
20
INDEMNIFICATION
A It is expressly understood and agreed by both parties hereto that CITY ts
contracting with CONTRACTOR as an independent CONTRACTOR and that as such,
CONTRACTOR shall save and hold CITY, ~ts officers, agents and employees harmless from
all hablhty of any nature or kind, including costs and expenses for, or on account of, any
Page 12 of 14
clmms, audit exceptions, demands, stats or damages of any character whatsoever resulting ~n
whole or in part from the performance 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 contractors from any and all claims, suits, causes of
action, demands, damages, losses, attorneys fees, expenses, and hablhty arising out of the use
of these contracted funds and program administration and ~mplementation except to the
extent caused by the willful act or omission of CITY, its agents, employees, or contractors
21
NOTICE
For purposes of tfus Agreement, all official commumcat~ons and notices among the part,es
shall be deemed made as of the date mailed ~f sent postage prod to the parttes and address set for
below
TO CITY ~1'O CONTR ACTOR
City Manager
C~ty of Denton
215 E MclQnney St
Denton, Texas 76201
Director
Denton Affordable Housing Corporation
303 N Carroll Blvd State 108
Denton, Texas 76201
22
VENUE
This Agreement shall be ~nterpreted m accordance w~th the laws of the State of Texas and
venue of any litigation concerning th~s Agreement shall be ~n a court of competent .lunsdictlon
s~tt~ng m Denton County, Texas
23
CONSOLIDATION AGREEMENT
This Agreement consohdates and replaces all prewous Agreements between CITY and
CONTRACTOR and all Amendments to those Agreements except where otherwise expressed
herein Provided, however, that CONTRACTOR shall be reqmred to mmntmn all affordabihty
requirements on all HOME funded projects, shall fully perform all cont~nmng obhgatmns required
under these previous Agreements and apphcable state, federal and local laws and shall continue to
use all HOME proceeds from any CITY-funded projects since CONTRACTOR's ~nceptlon for
HOME-eligible activities as described ~n th~s Agreement and as may be reqmred by law
(~) ~OF WHICH this Agreement has been executed on this the_/~ day of
,2000
Page 13 of 14
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
CITY OF DENTON
DENTON AFFORDABLE HOUSING
CORPORATION
ATTEST
SECRETAR'~"
PRESIDENT
Page 14 of 14
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 adm~mstratlon, rehabthtat~on, acqmmtlon, new construction,
tenant-based rental assistance and public service programs
Expenditure of City funds for houmng projects is lnmted to projects wlttun the city hnuts of
Denton DAHC's projects and programs wall pnmanly benefit low and moderate-income
households Low and moderate income is defined as households below 80% of the area median
income
The Affordable Homeownership Opportunity Program provides for acqmmtlon, renovation and
sale of tangle-family units HOME funding in the amount of $78,300 wdl be used in the Program
Proceeds from the sale of plopertles will be placed in the P~clOP program fund to be used to
continue the program No mom than 10% of the HOME portion of the project sales proceeds may
be utilized for project delivery costs for the program The HOME portion of the proceeds is based
on the p~rcentage of HOME ftmds included in the project
The Affordable Housing Construction Program provides funding to construct mngle-famdy
units Properties suitable for single-family housing will be acquired through purchase or donation
Umts will be constructed in such a way as to make them affordable to low and moderateqncome
households Umts will be sold to HOME-eligible households Not more than 10°/0 of the total
funding amount may be used to asmst buyers with down payment and closing costs
The Moctangb~rd Lane Project will culminate in the development of a mlmmum of 15 single-
family houmng units on property donated to and acquired by the Denton Affordable Housing
Corporation The project includes acquisition of property adjacent to the donated site off
Mockingbird Lane, project plmmmg, site development, construction and sale of the single-family
umts An unspecified amount of HOME program proceeds retmned by DAHC from previous
projects may be used for the ploject The Mockingbird Lane project will be completed w~th~n four
years from the date of this contract
ATTACHMENT "B"
PROGRAM BUDGET
Affordable Homeownerslx~p Opportumty Program
$78,300
Affordable Housing Construction Program
$113,867
Mockingbird Lane ProJect - An unspecffied amount of HOME proceeds may be used for th~s
proleet