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HomeMy WebLinkAboutResolution - 5016 - 2 Agreements - CHRB - Home Program Funds - 11/09/1995Resolution No. 5016 November 9, 1995 Item #27 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock two (2) Agreements by and between the City of Lubbock and the Community Housing Resource Board of Lubbock to provide funding from Home Program Funds for construction and rehabilitation of homes for first time home buyers. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 9 t ATTEST: &tt,— A k rya -L Betty A Johnson, ity Secretary APPROVED AS TO CONTENT: Doug Go , Managing Dire Health anommunity Services APPROVED AS TO FORM: Linda L. Chamales Assistant City Attorney :dp\ccdocs\chrb2ses October 31, 1995 Resolution No. 5016 November 9, 1995 Item 427 HOME INVESTMENT PARTNERSHIPPRWOGRAM (HOME) FUNDING AGREEMENT BET THE CITY OF LUBBOCK AND COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement entered into this 9th day of November. 1995, by and between the CITY OF LUBBOCK (herein called "City") and COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK, (herein called "Grantee"). WHEREAS, the City is required to set aside a portion of their HOME grant to a Community Housing Development Organization (CHDO) pursuant to HOME Investment Partnerships Act, 42 U.S.C. 12701 et. sea.. and 24 CFR Chapter 92 et. seg.: and WHEREAS, the Grantee operates is a non-profit corporation offering services to families throughout Lubbock; and WHEREAS, the Grantee proposes to provide a program called "First Time Home Buyer Lease/Purchase Program: which addresses the needs of many potential renters/buyers in need of affordable housing; and WHEREAS, the services provided by the Grantee benefit residents of the area and constitute a valuable public service; and WHEREAS, the City Council of the City of Lubbock has declared the services provided by the Grantee to be a public purpose; and WHEREAS, the Grantee and the services it provides have been found to meet the criteria for funding under 24 CFR Chapter 92, Subpart E; and WHEREAS, the accomplishment of the above public purpose is the predominate purpose of this transaction; continuing supervision by the City together with statutory and contractual requirements provide sufficient assurance that the public purpose will be accomplished; the City Council has found that the Grantee has the special expertise, knowledge and experience necessary for the operation of the "First Time Home Buyer Lease/Purchase" program and that the City will receive adequate consideration in the form of substantial public benefit; and WHEREAS, the City desires to contract with the Grantee to make available assistance for the acquisition and rehabilitation of single family dwelling units; NOW, THEREFORE, it is agreed between the parties hereto that: COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREENIENT 1 L SCOPE OF SERVICE A. City Responsibilities: 1. City agrees to provide Grantee assistance from HOME program funds in an amount not to exceed $151,800.00 plus up to $7,497 (5%) for administrative expenses, in return for Grantee performing the activities set forth in this Agreement as consideration for said funds. 2. City's financial assistance will be limited to the following: a. The assistance made available through this Agreement shall be used by the Grantee for the purpose of acquisition and rehabilitation as a Community Housing Development Organization under the HOME program; and b. The assistance made available through this Agreement shall be used to acquire a property in the census tract area (eligible Community Development area ); and c. The property purchased under the HOME program shall be rented/ purchased exclusively to low and moderate income families whose gross household income does not exceed the income eligibility requirement as established by the Department of Housing and Urban Development. B. Grantee's Responsibilities Grantee agrees to use the $151,800.00 made available through this Agreement solely for the purpose of purchasing and then rehabilitating property. 2. Grantee agrees not to request disbursement of funds under this Agreement until funds are needed for payment of eligible costs. The amount of each request must be limited to the amount needed. 3. Grantee agrees to use the $7,497.00 provided from the City's general HOME grant for administrative costs under this Agreement at the rate of (5%) o the funds actually utilized under Section I.B.I. above. 4. Upon completion of this project, if the entire funded amount is not used, Grantee agrees to refund any unused portion to the City within thirty (30) days; and 5. Grantee agrees to comply with the affordability requirements of 24 CFR 92.252 and 92.254. Grantee agrees to repay any funds during the time CONVIUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT 2 period wherein the housing does not meet the affordability requirements. 6. Grantee agrees to abide by the "First Time Home Buyer Lease/Purchase Program" (a copy of which is attached hereto as Exhibit A and incorporated herein) as proposed by Grantee, in fulfillment of this Agreement, unless prior written consent for any deviation is obtained from the City's Managing Director for Health and Community Services. 7. Grantee agrees to maintain any rental housing that is assisted with HOME funds in compliance with the applicable Housing Quality Standards and local housing code requirements for the duration of this Agreement. 8. The Grantee agrees to comply with the applicable Uniform Administrative requirements, as described in 24 CFR 92.505. 9. The Grantee agrees to comply with project requirements in 24 CFR Part 92 Subpart F, as applicable with the type of project in the Agreement. 10. The Grantee agrees to carry out each activity in the Agreement in compliance with all Federal laws and regulations described in 24 CFR Part 92 Subpart H, including the responsibilities for environmental review in 24 CFR 92.352 and the intergovernmental review process in 24 CFR 92.359. 11. The Grantee agrees to comply with the affirmative marketing responsibilities specified in 24 CFR 92.351. C. Grantee's Match: 1. Grantee agrees to provide as match an amount of funds equal to twenty-five percent (25%) of the amount of program funds provided by City under this agreement for performances hereunder. Such funds must be provided from sources other than under this agreement. This amount shall be referred to hereinafter as Grantee's match. D. Grantee's Return of Investment 2. In addition to Grantee's match above, Grantee agrees to provide a return of investment equal to twenty-five percent (25%) or $37,950.00 of the amount of program funds provided by City under this agreement. Amounts may be counted toward Grantee's return of investment if Grantee pays a 5 -year no interest loan payable monthly or creates low - COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT 3 IV. U VII. interest loans for clients which would create a revolving loan pool with which to continue project funding over an extended period of time. TIME OF PERFORMANCE This Agreement shall commence November 9, 1995. The term of this Agreement and the provisions herein shall be expended to cover the period of affordability required as specified under 24 CFR 92.254. PAYMENT City will pay up to $151,800.00 to Grantee based upon the receipt of request for funds for the purchase and subsequent rehabilitation of the property under the CHRB/HOME "First Time Home Buyer Lease/Purchase Project' plus up to $7,497 for administrative expenses, to be provided out of the general City of Lubbock HOME grant. ENFORCEMENT The City may provide for the enforcement of this Agreement which may include, but not restricted to liens on real property, deed restrictions, or covenants running with the land. Also, in accordance with 24 CFR 85.43, suspension or termination of this Agreement may occur if the Grantee materially fails to comply with any term of this Agreement and the Agreement may be terminated for convenience in accordance with 24 CFR 85.44. NOTICES Communication and details concerning this Agreement shall be directed to the following contract representatives: Doug Goodman Yolanda Jimenez City of Lubbock Community Housing Resource Board of Lubbock P. O. Box 2000 5302 Ave. Q South Drive Lubbock, TX 79457 Lubbock, TX 79412 SPECIAL CONDITIONS Grantee agrees to comply with the requirements of Title 24, Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations concerning the HOME program and all Federal regulations and policies issued pursuant to these regulations. GENERAL CONDITIONS A. General Compliance Grantee agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT 4 Agreement which were made available under City's HOME Investment Partnership Program. B. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Grantee shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker's Compensation insurance as the Grantee is an independent Grantee. C. Hold Harmless Grantee shall hold harmless, defend and indemnify City from any and all claims, actions, suits, charges and judgments whatsoever that arise out of Grantee's performance or nonperformance of the services or subject matter called for in this Agreement. D. Insurance and Bonding Grantee shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum, shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from City. E. City Recognition Grantee shall ensure recognition of the role of City's HOME program in providing funding through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Grantee will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. F. Amendments COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT 5 City or Grantee may amend this Agreement at any time, provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly -authorized representative of both organizations and approved by the City Council if required by law. Such amendments shall not invalidate this Agreement, nor relieve nor release City of Grantee from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both City and Grantee. G. Suspension or Termination Either party may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. Partial termination of the Scope of Service in Paragraph "1.B" above may only be undertaken with the prior approval of City. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports, or other materials prepared by Grantee under this Agreement shall at the option of City, become the property of City, and Grantee shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. City may also suspend or terminate this Agreement, in whole or in part, if Grantee materially fails to comply with any term of this Agreement, or with any of the rules, regulations, or provisions referred to herein; and the City may declare the Grantee ineligible for any further participation in City contracts, in addition to other remedies as provided by law. In the event there is probable cause to believe Grantee is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen percent (15%) of said contract funds until such time as Grantee is found to be in compliance by City or is otherwise adjudicated to be in compliance. VIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT 6 Grantee agrees to comply with Attachment F of OMB Circular A-110 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles Grantee shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations", or A-21, "Cost Principles for Educational Institutions", as applicable, for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record -Keeping Records to be Maintained Grantee shall maintain all records required by the federal regulations specified in 24 CFR Part 92.508, and that are pertinent to the activities to be funded under this Agreement. 2. Retention Grantee shall retain all records pertinent to expenditures incurred under this Agreement for a period of fifteen (15) years after the termination of all activities funded under this Agreement, or after the resolution of all Federal audit findings, whichever occurs later. 3. Client Data Grantee shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to City monitors or their designees for review upon request. 4. Audits and Inspections All Grantee records with respect to any matters covered by this Agreement shall be made available to City, their designees or the Federal Government, at any time during normal business hours, as often as City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by Grantee within thirty CONWJNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT 7 (30) days after receipt by the Grantee. Failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. C. Progress Reports Grantee agrees to provide written progress reports to the City every thirty (30) days beginning thirty (30) days from the date of this Agreement and continuing until Grantee's responsibilities under this Agreement are completed; and IX. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights Grantee agrees to comply and to require all subcontractors to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246 and the regulations issued under the Order at 41 CFR Chapter 60. Land Covenants This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 and 24 CFR 670 Part I. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provide under this Agreement, Grantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination in the sale, lease, or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the City and the United States are beneficiaries of and entitled to enforce such covenants. Grantee also agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. B. Employment Restrictions 1. Labor Standards Grantee agrees to comply and require all subcontractors to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours, the Safety Standards Act, the Copeland "Anti -Kickback" Act, and all other applicable federal, state, and local laws pertaining to COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT 8 labor standards insofar as those acts apply to the performance of this Agreement. Grantee will maintain documentation which demonstrates compliance with hour and wage requirements of this part; this documentation shall be made available to the City for review upon request. Grantee agrees that all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part, which assistance provided under this Agreement shall comply with federal requirements adopted by the City pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR, Parts 3, 1, 5, and 7, governing the payment of wages and wages of apprentices and trainees to journeymen; provided that, if wage rates higher than those required under the regulations are imposed by state or local laws, nothing hereunder is intended to relieve Grantee of its obligation, if any, to require payment of the higher wage. Grantee shall cause or require to be insured in full, in all such contracts subject to such regulation, provisions meeting the requirements of this paragraph for contracts in excess of $10,000.00. 2. "Section 3" Clause Grantee agrees to comply with the provisions of Section 3 and to include the following clause in all subcontracts executed under this Agreement: "The work to be performed under this Contract is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower-income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the areas of the project." C. Conduct Prohibited Activity Grantee is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian or religious activities; lobbying, political patronage, and nepotism activities. COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT 9 2. Conflict of Interest Grantee and City agree to abide by the provisions of 24 CFR 92.356 with respect to conflicts of interest, and Grantee covenants that it presently has no financial interest, direct or indirect, which would conflict in any manner or degree with the performance of the services required under this Contract and that no person having such an interest will be employed as or by the subcontractor carrying out this Agreement. X. ENVIRONMENTAL CONDITIONS A. Air and Water Grantee agrees to comply with the following regulations insofar as they apply to the performance of this contract: Clean Air Act, 42 U.S.C. 1857, et. seg., Federal Water Pollution Control Act, as amended 33 U.S.C. 1251, et. sec. and all regulations and guidelines issued thereunder; Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, National Environmental Policy Act of 1969, and HUD Environmental Review Procedures (24 CFR Part 58). B. Flood Disaster Protection Grantee agrees to comply with the requirements of the Flood Disaster Protection Act of 1973 in regard to the sale, lease, or other transfer of Land acquired, cleared or improved under the terms of this Agreement, as it may apply to the provisions of this Agreement. C. Lead -Based Paint Grantee agrees that any construction or rehabilitation of residential structure with assistance provided under this contract shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608 and 24 CFR Part 35 and in particular Sub -part B thereof. Such regulations pertain to all HUD assisted housing and require that all owners, prospective owners, and tenants or properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out all hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead- based paint poisoning. D. Historic Preservation Grantee agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT 10 Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty (50) years old or older or that are included on Federal, State, or local historic property list. E. Asbestos Grantee agrees to comply with the Texas Asbestos Health Protection Act set forth at Article 4477-3a Section 12 of the Texas Civil Statutes and the National Emission Standard for Asbestos regulations set forth at 40 CFR Part 61. COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT 11 IN WITNESS WHEREOF, the Parties have executed this contract as of the date first ATTEST: Betty M. Joh on, City Secretary APPROVED AS TO CONTENT: D uo g G man, Managing Director of ComftAity Development/ Neighborhood Initiatives APPROVED AS TO FORM: Linda Chamales, Assistant City Attorney COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK YO' NDA JIMENEZ AUTHORIZED REPRESENTATIVE CON04UNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT 11 Exhibit "A" Community Development Funding Request To submit an application, complete Parts A - F• and mc: .do ;toms raqut'ateci. De aot Nno ..:ie ap�,i+cation or include any items which are not rrsquested. Sjornit cne propose! par projeci. Submit one org::tal and three copies of each application to Community Ceveiopment, 1625 13th Street, P.O. Box 2000, Lubbock, Texas 79457 by April 13 1996 6:00 PM. Please review the 'Citizen's Guide' for the Community Development programs, goals, requirements and timelines. For assistance, please call the Community Development Department at 767-2301. A. GENERAL INFORMA Name of Applicant: Community Housing Resource Board ❑ Non-profit ❑ coof ighSrprovi�dingHax exemptDC istatus under t. (please includecopy your IRS ruling Section 501(c)(3) of the 1986 IRS Code if you are a non-profit.) 2. Name of Project: First Time Home Buyer Lease/Purchase Projram 3. Area or Location of Project: Arnett Benson Chatman Hill and Harwell Q� 6 w; C . 4. Contact Person: (a) Name: Yolanda Jimenez (b)Address: 5302 Avenue Q South Drive (c) Telepioxiiel,Fix Number.. 763-3877 / 763-3883 5. Grant Requ 8 Issue Area: CDi3G ❑ Public Service ❑ Public Facility ❑ Infrastructure ❑ Housing ❑ Economic Dev. ❑ Other___.___ ESG ❑ Rehab to Shelters HOME Z] CHDO Project ❑ Essential Services ❑ Single -Unit Housing ❑ Homeless Prevention 10 Multi -Unit Housing ❑ Operations.of 6. Amount of Funds Requested for Project: $157,497 7. Amount of Matching Funds for Project: 37,500 Match Type: ❑ Cash ❑ Sweat Equity ® Other Grants ❑ Donations Match Status: ❑Confirmed ❑ Requested 8. Is this project? ❑New ❑ Second Year ❑ Third Year ❑ Fourth Year or More The application certifies to the best of his/her knowledge and belief that the data in thisapplication are true and correct and that the filing of the application has been duty authorized by the goveming body of the applicant and that the applicant will comply with all the requirements of each grant respectively, if the application is approved. Please include minutes of the board meeting at which this item wa authorized. Name: Yolanda 'Jimenez Signature. Tit!e: Director Date:1995 City of Lubbock Community Development Funding Request B. PROPOStu VKUJr-%.I Page 2 I . Project Mission Statement: The community profile and needs assessment of the City of Lubbock CHAS revealed that affordable housing in Lubbock continues to be of great impor- tance to the City. Three basic conclusions which were included in the 1992-1997 CHAS are the basis for CHRB to make its request: (1) increased rental market profits, (2) continued decline in the conditions of existing housing stock, and (3) limited access to home ownership opportunities. Due in part to these viable and valid conclusions, CHRB continues to serve as a guide in directing housing resources and efforts throughout the City of Lubbock. Through the provision of a distinctive lease/purchase program for lower income persons, CHRB will play an important role in improving the lives of those that have been typically left out of mainstrea Airca . y. 2. Wha are the specific objectives of this project? Community Housing Resource Board proposes to purchase single family dwellings for the purpose of offering a First Time Home Buyer Lease/Purchase Program targeting homeless and transitional populations. During the first 12 months, the lease/purchaser will be working on his goals of home ownership. CHRB will desig an individual plan for each lease/purchaser to help acquire home ownership with an agreed period of time. CHRB will follow HUD guidelines for retention involving lease/purchase properties. In addition, periodic evaluation of the family plan will be con- ducted based on individual household need. The design of the plan will take into consideration the readiness of the family in such areas as credit, cash availability, stability in the work force, job skills, education level, etc. The program will require a minimum of 24-36 months to fully implement. 3. Please provide a project timeline, listing the major activities of the project. Oct - Dec Oct - Dec Oct - Dec Oct - Dec Jan Feb Feb - March Feb - March Feb - March April On-going After 12 mos it of to .f .. is ,I to Identification of properties available for purchase Inspection of properties Contacting owners of properties to be purchase Preparation of offers to chase properties Closing`on purchase of properties Identification of interested lease/purchaser Intake and prequalification of lease/purchaser Individual lease purchase plan for lease/purchaser Placement of lease/purchaser in acquired properties Property management Lease/purchaser counseling, monitoring of individual plan and mile marker accomplishments Offer acquired properties to lease/purchaser for purchase Enter into sales contract with lease/purchaser Close on properties Service mortgage loans Possible sale of mortgages to secondary market City of Lubbock Community Development Funding Request Page 3 B. PROPOSED:PROJECT (Continued...) 4. How will this project solve existing problems in the neighborhoods) and stabilize them? (For example: How is the project innovative/creative in approach? How does project address neighborhood association priorities? You may include a letter of support from the housing or homeless consortium if applicable.) Although the program will operate city-wide emphasis will be placed pur- chasing properties in certain neigh6o� due to three major reasons: (1) Humber of properties available for acquisition within these areas (2) Limited funds to purchase/rehab. Available properties in these neighborhoods tend to more affordable. (3) City of Lubbock census tract records indicate that the north and east sections of the City show to have the greatest number of low income families living in these neighborhoods. This project will include the purchase by CHRB of government-held proper- ties as well as exploring the possibility of acquiring existing housing or vacant lots held by the City. After purchase, these homes will be rehabi- litated and resold under a comprehensive lease -purchase program to low income households. An occupied house that is being maintained will ultimately aide in the "prevention and elimination of slums". 5. Approximately, how many.people or households will directly benefit from this project? 5 households X 4 individuals (average) = 20 persons 6. Describe how this project wits involve neighborhood residents in design, implementation, and evaluation of this project? (Include how you will measure the success of the project listing measurable accomplishmerAs and criteria for measurement. You may include a letter of support from the effected neighborhood(s).) This project has broad community support. Discussion and "action groups" such as the Lubbock Housing Consortia, the Lubbock Homeless Consortia and the Jackson "study group" have all expressed concern that neighborhood residents be involved in whatever activities take place within their com- munities. 'CHRB personnel have attended two neighborhood association meetings in the proposed targeted areas and informed members of CHRB's application submission. Meetings will be scheduled inviting neighborhood residents to receive information about the project and requesting their input. Interest in the project will be determined by the number of inquiries made, thus detailed records will be.maintained. Success of the project will be measured by the number of households receiving assistance and questions such as "Did the number meet/exceed the goal?" will be asked and answered. As always, CHRB will provide reports as required by its funding source. These reports will provide an additional means of measuring the program. City of Lubbock Community Development Funding Request B. PROPOSED PROJECT( Could this project occur without these funds? Will this project continue after funding ends? If yes, how? nued.. 7 Yes No Yes ❑ No Page 4 CHRB will have two options in order that these monies may continue to revolve: (1) servicing the loans ourselves or (2) obtaining financing from private lenders thus making monies readily available for additional home purchases. G. AF'F'LItiHIV I 1. Describe your capacity to successfully carry out this project: particularly prior experience, annual budget, number and types of facilities or services, and number served. Community Housing Resource Board (CHRB) draws its strengths from several factors such as the endorsement and support of local elected officials, a diversified board composition and current staff who have extensive expe- rience in the administration of major state and federal programs from both operational and fiscal standpoints. CHRB is a HUD Certified Housing Counseling Agency and has received both City of Lubbock and State of Texas CHDO status. CHRB has been designated as a "Community Based Partner" of several local banks including Norwest, NationsBank, Lubbock National Bank and VWspexwood. Community Partnerships allow CHRB to assist lenders in their affordable housing programs and direct clients to programs which are specific to their individual needs. CHRB is a recipient of HOME funds from the Texas Department of Housing and Community. Affairs to rehab homes in the City of Slaton. It is also a re- cipient of Energency Shelter Grant funds through TDHCA. These monies allow for the provision of transitional housing for the homeless. In addi- tion, the Lubbock Area Foundation awarded CHRB a grant -that helped make homes of the elderly become handicap accessible and weatherized. CHRB has developed linkages and cooperative working agreements with many other service delivery agencies in the area. (continued on page 5) 2. List members of your project team, including roles, expertise, and whether paid or volunteer. The paid staff of Comity Housing Resource Board has over ten years. working in the non-profit sector and over 15 years in the housing, industry. Both staff members are bilingual and will be able to provide education and program intake and application assistance to non-English speaking persons. By training, the Director's education entails attendance of workshops relevant to housing such as the Neighborhood Reinvestment Training Institut Enterpise Foundation, USDA loan packaging and certification. Another staff member is a licensed broker and provides valuable housing experience and education. This experience incl6des;property management, listing and selling. City of Lubbock Community Development page 5 Funding Request C. APPLICANT INFORMATION (Continued... These working relationships allow CHIRB to obtain additional resources for its client group. This coincides with CHRB's philosophy of providing comprehen- sive services to its clients in a coordinated, cost effective and efficient manner. Perhaps more significantly, CHRB has served and continues to serve low income families as its first priority. These households will benefit from the affordable housing initiatives proposed in this application. w rnT U. C:VNrUV. I Vr iw i v-nJ • Federal law (24CFR570.611) prohibits persons who exercise or have exercised any functions or responsibilities with respect to the above grants....or who are in a position to participate In a decision making process or to gain inside information with regard to such activities, may obtain a financial interest or benefit from an assisted activity... either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 1. Is there any member of the applicant's staff, member of the applicant's Board of"Directors, or officer who currently is or has/have been with in one year of the date of this application a City employee, a member of the Community Development Advisory Committee, or a member of the City Council? ❑ Yes ' ®No if yes, please list names: 2. Will the funds requested by the applicant be used to pay the salaries of any of the applicant's staff or award a subcontract to any individuaLwho Is or has been within one year of the date of this application a City employee, a member of the Community Development Advisory Committee, or a member of the City Council? ❑ Yes ® No If yes, please list names: 3. Is there any member of the applicant's staff, member(s) of the Board of Directors, or officer(s) who are business partners or immediate family of a City employee, a member of the Community Development Advisory Committee, or a member of the City Council? ❑ Yes ® No if yes, please list names:------- City of Lubbock Community Development Funding Request Page 6 E. GOVERNING BODY NtturrLc h Title VI In order to demonstrate compliance s Act of regulations pursuant thereto (Title 24 CFR Part I),fwhich state thatt no personsin the United States shalla on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of , or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance,... 1. Please describe the method of selection of officers and directors of the board. Election and Term of Office - The officers of the organization shall be elected every two years by the membership. Such elections theemanshall take place at the. first meeting of the governing body n nual meeting. Each officer shall hold office until his/her successor shall have been duly elected or until he/she shall resign or shall have been removed in the manner hereinafter provided. vacancies - A vacancy in any office because of death, resignation, removal or otherwise may be filled by the general membership by appointment for the unexpired portion of the term. 2. What is the time and place of regular meetings? Third Monday of each month, 6:30 p.m. at CHRB Office, 5302 Avenue Q 3. List officers names, place of residence, number of years on the board, occupation, race, and sex below. Firma Jackson 1-1/2 yrs Retired Black Female 1312 E. 24th D. A. Smith 1-1/2 yrs Minister Black Male 1713 40th Lyrm Bracy 1-1/2 yrs Warehouse Black Female 1516 E. First Supv. R. J. Givens 1-1/2 yrs Real Black Male 1701 E. 26th Estate Rose Wilson 1-1/2 yrs Domestic Black Female 3508 E. Cornell Willie Ewings 1-1/2 yrs Minister Black Male 201 53rd Gene valentini 1 yr Mediation Anglo Male 3511 96th Coordinator Bob Ericson 1 yr Admin Anglo Male Floydada, TX Art Cuevas 1 yr Builder Hispanic Male 7406 83rd City of Lubbock Community Development Funding Request Page 7 RE,I iSE-:z- D c C2Hr% PT 1. Please list applicant's anticipated expenditures, detailing requested funds and applicant's matching funds. Please place C=Cash, S=Sweat Equity, O=Other Grants, D=Donations beside each entry under "Applicant's Matching Funds" to denote the type of match being used .%• ti:•:::; n•..•y..n.np:: TA.,i:: 2:x:.;4 ..iii: •.i;:i:'M,.Kpfv � >iO:i•:?:t :.i>:i {�.iy .. ...: -v .,...i.. .. i.. -.. i. ;•ii:•iji: i::•.; .. lLi`S•:C..f.:lar..:a..::''>.:::::v:::::::.... . . . r.:...:n.:::. ..:.0 F..... •{ I�...i h...::.... r... - ._ _......... .:': T._ L _ 1 _ _ �..: :...:: �'. Administration: Personnel # 1 P -T $ 5,200 + - $ 5,200 Payroll Taxes 397 + = 397 Employee Benefits + _ Office Supplies 300 + = 300 Copy Supplies + _ Postage + _ Telephone + _ Promotional + _ Professional Services (audit) 1, 000 + = 11000 Vehicle Fuel/Mileage 600 + = 600 Other: + Program: Acquisition ! n0 Onn _ + = 100,000 Reconstruction + Rehabilitation 51 . LWO + 510600 Installation + _ Training & Technical Assistance + _ Direct Assistance + _ Rental of Space/Equip. + _ Professional Services for Clients + _ Other: Rent fees + 37,500 C = 37,500 on lease/purchase + _ of current CHDO + _ funds + _ TOTALS $ I ;g 297 + $ 37,500 = $ 496,797._ _A_ City of Lubbock Community Development Page 8 Funding Request F. BUDGET (Continued... 2. Please list applicant's anticipated program income to this project and detail how applicant will create a return of investment -to the grantor particularly if proposed project includes facilities, housing, or economic development. Community Housing Resource Board proposes to make this project perpetual in that grant monies will revert back to the program. Because it will take_„12_-24 months to make families homebuyers, initial program will come from rent subsidies, Although, it should be noted that some of the rent will be set aside for the family's down payment by CHRB. Once the homes are purchased, the program can be a sizeable amount. For these reasons it is difficult to project a dollar amount of program income except to say that 25% of the funds requested will be leveraged 3. Units of Service Calculation (a) Total Project Budget 194.997 (b) Total Unduplicated Units Served 5hou.5esot (5 familes �}X- 4 persons) (c) Average Cost Per Unit ( alb) �-- Resolution No. 5016 November 9, 1995 Item #27 HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDING AGREEMENT THE CITY OF UBBOCK AND COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK STATE OF TEXAS § COUNTY OF LUBBOCK § This Agreement entered into this 9th day of November, 1995, by and between the CITY OF LUBBOCK (herein called "City") and COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK, (herein called "Grantee"). - WHEREAS, the City is obligated to do and perform certain services in its undertaking of the HOME Investment Partnership Program pursuant to Titles I and II of the Cranston -Gonzales National Affordable Housing Act; and WHEREAS, the Grantee operates as a non-profit corporation offering services to families throughout Lubbock; and WHEREAS, the Grantee proposes to provide a program called "Revitalization of the City of Lubbock" which addresses the needs of many potential buyers in need of affordable housing; and WHEREAS, the services provided by the Grantee benefit residents of the area and constitute a valuable public service; and WHEREAS, the City Council of the City of Lubbock has declared the services provided by the Grantee to be a public purpose; and WHEREAS, the Grantee and the services it provides have been found to meet the criteria for funding under 24 CFR Part 92; and WHEREAS, the accomplishment of the above public purpose is the predominate purpose of this transaction; continuing supervision by the City together with statutory and contractual requirements provide sufficient assurance that the public purpose will be accomplished; the City Council has found that the Grantee has the special expertise, knowledge and experience necessary for the operation of the "Revitalization of the City of Lubbock" program and that the City will receive adequate consideration in the form of substantial public benefit; and WHEREAS, the City desires to contract with the Grantee to make available assistance for new construction in the Arnett Benson, Chatman Hill and Chris Harwell neighborhoods; NOW, THEREFORE, it is agreed between the parties hereto that: CON14UNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT I. SCOPE OF SERVICE A. City Responsibilities: 1. City agrees to provide Grantee assistance from HOME program funds in an amount not to exceed $400,000.00 plus up to $32,000.00 (8%) for administrative expenses, in return for Grantee performing the activities set forth in this Agreement as consideration for said funds. 2. City's financial assistance will be limited to the following: a. The assistance made available through this Agreement shall be used by the Grantee for the purpose of new construction under the HOME program; and b. The assistance made available through this Agreement shall be used to construct property in the census tract areas (eligible Community Development area) of Arnett Benson, Chatman Hill and Chris Harwell; and c. The property constructed under the HOME program shall be purchased exclusively by low and moderate income families whose gross household income does not exceed the income eligibility requirement as established by the Department of Housing and Urban Development. B. Grantee's Responsibilities Grantee agrees to use the $400,000.00 made available through this Agreement solely for the purpose of constructing single-family dwellings in the neighborhoods of Arnett Benson, Chatman Hill, and Chris Harwell; and 2. Grantee agrees not to request disbursement of funds under this Agreement until the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount needed. 3. Grantee agrees to use the $32,000.00 provided from the City's administrative portion of the HOME grant for administrative costs under this Agreement at the rate of (8%) of the funds actually utilized under Section I. B.1. above. 4. Upon completion of this project, if the entire funded amount is not used, Grantee agrees to refund any unused portion to the City within thirty (30) days. CONWJNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT 2 5. Grantee agrees to comply with the affordability requirements of 24 CFR 92.254. Grantee agrees to repay any funds during the time period wherein the housing does not meet the affordability requirements. 6. The Grantee agrees to comply with the applicable uniform administrative requirements, as described in 24 CFR 92.505. 7. The Grantee agrees to comply with project requirements in 24 CFR Part 92 Subpart F, as applicable with the type of project in the Agreement. 8. The Grantee agrees to carry out each activity in the Agreement in compliance with all Federal laws and regulations described in 24 CFR Part 92 Subpart H, including responsibilities for environmental review in 24 CFR 92.352 and the intergovernmental review process in 24 CFR 92.359. 9. The Grantee agrees to comply with the affirmative marketing responsibilities specified in 24 CFR 92.351. 10. Grantee agrees to abide by the "Revitalization of the City of Lubbock" (a copy of which is attached hereto as Exhibit A and incorporated herein) as proposed by Grantee, in fulfillment of this Agreement, unless prior written consent for any deviation is obtained from the City's Managing Director for Health and Community Services. C. Grantee's Match: Grantee agrees to provide as match an amount of funds equal to twenty-five percent (25%) of the amount of program funds provided by City under this agreement for performances hereunder. Such funds must be provided from sources other than under this agreement. This amount shall be referred to hereinafter as Grantee's Match. D. Grantee's Return of Investment In addition to Grantee's match above, Grantee agrees to provide a return of investment equal to twenty-five percent (25%) or $100,000.00 of the amount of program funds provided by City under this agreement. Amounts may be counted toward Grantee's return of investment if Grantee pays a 5 - year no interest loan payable monthly or creates low-interest loans for clients which would create a revolving loan pool with which to continue project funding over an extended period of time. CONRAUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT 3 IV V a TIME OF PERFORMANCE This Agreement shall commence November 9, 1995. The term of this agreement and the provisions herein shall be extended to cover the period of affordability required as specified under 24 CFR 92.254. PAYMENT City will pay up to $400,000.00 to Grantee based upon the receipt of request for funds for the construction of the single-family dwellings under the CHRB/HOME °Revitalization of the City of Lubbock Project" plus up to $32,000.00 for administrative expenses, to be provided out of the administrative portion of the City of Lubbock HOME grant. ENFORCEMENT The City may provide for the enforcement of this Agreement which may include, but not restricted to liens on real property, deed restrictions, or covenants running with the land. Also, in accordance with 24 CFR 85.43, suspension or termination of this Agreement may occur if the Grantee materially fails to comply with any term of this Agreement and the Agreement may be terminated for convenience in accordance with 24 CFR 85.44. NOTICES Communication and details concerning this Agreement shall be directed to the following contract representatives: Doug Goodman City of Lubbock P. 0. Box 2000 Lubbock, TX 79457 SPECIAL CONDITIONS Yolanda Jimenez Community Housing Resource Board of Lubbock 5302 Ave. Q South Drive Lubbock, TX 79412 Grantee agrees to comply with the requirements of Title 24, Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations concerning the HOME program and all Federal regulations and policies issued pursuant to these regulations. VII. GENERAL CONDITIONS A. General Compliance Grantee agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this Agreement which were made available under City's HOME Investment Partnership Program. COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT 4 B. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Grantee shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker's Compensation insurance as the Grantee is an independent Grantee. C. Hold Harmless Grantee shall hold harmless, defend and indemnify City from any and all claims, actions, suits, charges and judgments whatsoever that arise out of Grantee's performance or nonperformance of the services or subject matter called for in this Agreement. D. Insurance and Bonding Grantee shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum, shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from City. E. City Recognition Grantee shall ensure recognition of the role of City's HOME program in providing funding through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Grantee will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. F. Amendments City or Grantee may amend this Agreement at any time, provided that such amendments make specific reference to ;this Agreement, and are executed in writing, signed by a duly -authorized representative of both organizations and approved by the City Council if required by law. Such COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT 5 amendments shall not invalidate this Agreement, nor relieve nor release City of Grantee from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both City and Grantee. G. Suspension or Termination Either party may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. Partial termination of the Scope of Service in Paragraph "I.B" above may only be undertaken with the prior approval of City. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports, or other materials prepared by Grantee under this Agreement shall at the option of City, become the property of City, and Grantee shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. City may also suspend or terminate this Agreement, in whole or in part, if Grantee materially fails to comply with any term of this Agreement, or with any of the rules, regulations, or provisions referred to herein; and the City may declare the Grantee ineligible for any further participation in City contracts, in addition to other remedies as provided by law. In the event there is probable cause to believe Grantee is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen percent (15%) of said contract funds until such time as Grantee is found to be in compliance by City or is otherwise adjudicated to be in compliance. VIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards Grantee agrees to comply with Attachment F of OMB Circular A-110 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT 6 and maintain necessary source documentation for all costs incurred. 2. Cost Principles Grantee shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non -Profit Organizations", or A-21, "Cost Principles for Educational Institutions", as applicable, for all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record -Keeping Records to be Maintained Grantee shall maintain all records required by the federal regulations specified in 24 CFR Part 92.508, and that are pertinent to the activities to be funded under this Agreement. 2. Retention Grantee shall retain all records pertinent to expenditures incurred under this Agreement for a period of twenty (20) years after the termination of all activities funded under this Agreement, or after the resolution of all Federal audit findings, whichever occurs later. 3. Client Data Grantee shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to City monitors or their designees for review upon request. 4. Audits and Inspections All Grantee records with respect to any matters covered by this Agreement shall be made available to City, their designees or the Federal Government, at any time during normal business hours, as often as City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by Grantee within thirty (30) days after receipt by the Grantee. Failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT 7 C. Progress Reports Grantee agrees to provide written progress reports to the City every thirty (30) days beginning thirty (30) days from the date of this Agreement and continuing until Grantee's responsibilities under this Agreement are completed. IX. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights Grantee agrees to comply and to require all subcontractors to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246 and the regulations issued under the Order at 41 CFR Chapter 60. Land Covenants This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 and 24 CFR 670 Part I. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provide under this Agreement, Grantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination in the sale, lease, or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the City and the United States are beneficiaries of and entitled to enforce such covenants. Grantee also agrees to take such measures as are necessary to enforce such covenants and will not itself so discriminate. B. Employment Restrictions Labor Standards Grantee agrees to comply and require all subcontractors to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours, the Safety Standards Act, the Copeland "Anti -Kickback" Act, and all other applicable federal, state, and local laws pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Grantee will maintain documentation which demonstrates compliance with hour and wage requirements of COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT 8 this part; this documentation shall be made available to the City for review upon request. Grantee agrees that all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part, which assistance provided under this Agreement shall comply with federal requirements adopted by the City pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR, Parts 3, 1, 5, and 7, governing the payment of wages and wages of apprentices and trainees to journeymen; provided that, if wage rates higher than those required under the regulations are imposed by state or local laws, nothing hereunder is intended to relieve Grantee of its obligation, if any, to require payment of the higher wage. Grantee shall cause or require to be insured in full, in all such contracts subject to such regulation, provisions meeting the requirements of this paragraph for contracts in excess of $10,000.00. 2. "Section 3" Clause Grantee agrees to comply with the provisions of Section 3 and to include the following clause in all subcontracts executed under this Agreement: "The work to be performed under this Contract is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower-income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the areas of the project." C. Conduct 1. Prohibited Activity Grantee is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian or religious activities; lobbying, political patronage, and nepotism activities. COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT 9 2. Conflict of Interest Grantee and City agree to abide by the provisions of 24 CFR 92.356 with respect to conflicts of interest, and Grantee covenants that it presently has no financial interest, direct or indirect, which would conflict in any manner or degree with the performance of the services required under this Contract and that no person having such an interest will be employed as or by the subcontractor carrying out this Agreement. X. ENVIRONMENTAL CONDITIONS A. Air and Water Grantee agrees to comply with the following regulations insofar as they apply to the performance of this contract: Clean Air Act, 42 U.S.C. 1857, et. seg., Federal Water Pollution Control Act, as amended 33 U.S.C. 1251, et. seg. and all regulations and guidelines issued thereunder; Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, National Environmental Policy Act of 1969, and HUD Environmental Review Procedures (24 CFR Part 58). B. Flood Disaster Protection Grantee agrees to comply with the requirements of the Flood Disaster Protection Act of 1973 in regard to the sale, lease, or other transfer of Land acquired, cleared or improved under the terms of this Agreement, as it may apply to the provisions of this Agreement. C. Lead -Based Paint Grantee agrees that any construction or rehabilitation of residential structure with assistance provided under this contract shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608 and 24 CFR Part 35 and in particular Sub -part B thereof. Such regulations pertain to all HUD assisted housing and require that all owners, prospective owners, and tenants or properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out all hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead- based paint poisoning. D. Asbestos Grantee agrees to comply with the Texas Asbestos Health Protection Act set forth at Article 4477-3a Section 12 of the Texas Civil Statutes and the National Emission Standard for Asbestos regulations set forth at 40 CFR Part 61. COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT 10 Historic Preservation Grantee agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT I1 i Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty (50) years old or older or that are included on Federal, State, or local historic property list. IN WITNESS WHEREOF, the Parties have executed this contract as of the date first w—rittekabove. LUBB'OCK ATTEST: Betty M. Johnson, City Secretary APPROVED AS TO CONTENT: Doug G dman, Managing Director of Com nity Development/ Neighborhood Initiatives APPROVED AS TO FORM: Linda Chamales, Assistant City Attorney COMMUNITY HOUSING RESOURCE BOARD OF LUBBOCK IZED REPRESENTATIVE CON 4UNITY HOUSING RESOURCE BOARD OF LUBBOCK FUNDING AGREEMENT 11 Exhibit "A" City of Lubbock Community Development Funding Request To submit an application, complete Parts A - F and include Items requested. Do not bind the application or Include any items which are not requested. Submit one proposal per project. Submit one original and three copies of each appiication to Community Development. 162513th Street, P.O. Box 2000. Lubbock, Texas 79457 by Aorii 13.19115:00 PM. Please review the 'Citizen's Guide' for the Community Development prog,*sm. goals, requiremergs and timelines. For sssistanoe. please Call the Community Development Department at 7a'/-2301. 1. Name of Applicant Community Housing Resource Board a Non-profit ❑ Neigh.Assoc. ❑ Foraprofrt ❑ CHDO ❑City DepL (please include a copy of your IRS ming providing taX exempt status under Section 501(c)(3) of the 1986 IRS Code R you are a noon -profit) 2. Name of Project Revitalization of the City of Lubbock 3. Area or Location of project Arnett Benson, chatean Hill b Harwell 4. Contact Person: (a) Name: Yolanda Jimenez (b)A: 5302 Avenue Q South Drive (c) Telephone/ Fax Number($): 763-3877 / 763-3883 5. Grant Request ❑ COSG ❑ ESG IM HOME b Issue Area: ❑ Public Service ❑ Rehab to Shefters ❑ CHDO Project Public Facility ❑ Essential Services .1ffl Single -Unit Housing ❑ Infrastructure ❑ Homeless Pnwention ❑ Muid-Unit Housing ❑ Housing ❑ Operations of shelter ❑ Economic Dev. ❑ Other 6. Amount of Funds Requested for Project =3OD Norves t Bank will do 7. Amount of Matching Funds for Project 300,000 permanent financing. Match Type: ❑ Cash ❑ Sweat Equity 10 OtIW Grants ❑ Donations Match Status: ❑Confirmed E Requested S. Is this project? ®New ❑ Second Year ❑ Third Year ❑ Fourth Year or More The application certifies to the best of hisfier knowledge and belief that the data in this Application are true and correct and that the (lift of the application has been duty auftwited by the governing body of the applicant and that the appikant will comply with sit the r+sgcrirsnsenls of each grail respectively. if the appkation is approved. Please i dude minutes of the board aye 0619 at -hidh this tent �orized. Nam: Yolanda Jimenez Signabur�C Tide: Director Date: ♦p it 12, 1995 City of Lubbock Community Development Page 2 Funding Request S. PROPOSED PROJECT 1. Project Mission Statement The commaiity profile and needs assessment of the City of Lubbock CHAS revealed that affordable housing in Lubbock continues to be of great Im- portance to the City. Three basic conclusions which were included in the CHAS are the basis for CHRB to make its request: (1) increased rental market profit, (2) contiraied decline in the conditionsOf existing In addition, on stock, arra (3) limited access to hame ownership opportunities., _ six of the seven target neighborhoods identified housing as their first. priority. Due in part to these viable and valid conclusions, CHRB continues to serve as a guide in directing housing resources and efforts throughout the City of Lubbock. of this � 2. What are the specific objectives CHRB proposes to construct single familydwellings for the purpose of offering a home buyer program for families in the 80% of median or below inch range. The program will refire a minion of 12-24 months to implement and complete. Norwest Bank and other financial institutions will provide the permanent mortgage financing for the new construction. In addition, CHRB pcopoe" to obtain fords from the Housing Trust Fund of the Texas Department of Sousing and Cammuaity Affairs to provide down payment and closing costs as sell as principal buy downs. Participants in this vital program vill.agree to occupy the property as his/her principal place of residence for at least 2 0 years. 3. Please provide a project timeline, listing the major activities of the Pmiect- Oct - Nov. Identify builders Dec ongoing Identification of interested purchasers On-going 8ombuyer education- -NationsBank agreement Dec b ongoing Intake b prequalification of purchaserss . -Dec & ming submission to financial institutions for credit approval Jan Letter of cammittment from financial institution Jan Letter of coamittment from CHRB on principal buy down and r closing costs Feb Begin construction On-going: Periodic inspections of construction April Construction complete June Final closing at title company v. City of Lubbock Community Development Funding Request . PROPOSED PROJECT (Continued...] Page 3 4. How will this project solve existing problems in the neighbodwod(s) and stabilize them? (For example: How is the project Innovative/creative In approach? How does project address neighborhood association priorities? You may include a letter of support from the housing or homeless consortium it applicable.) The emphasis of the Revitalization of Lubbock project will be in the three target neighborhoods of Arnett Benson, Harwell, and Chatman Hill. Within these neighborhoods there are great numbers of vacant properties. This project will act as a catalyst for these neighborhoods by attracting potential home buyers into the area. Properties available for purchase in these neighborhoods are, for the most part, affordable to low- income purchasers. Pride in owernship will generate an increas Ing interest by potential home buyers to settle into the neigh- borhoods.' This innovative project will not only "talk." about what can be done within the neighborhoods to alleviate concerns but will actually :accomplish neighborhood goals by placing tangible monetary support back into the community. S. Approximately, how many people or households will directly benefit from this project? 20 households % 4 individuals = 80 6. Describe how this project will involve neighborhood residents in design, implementation. and evaluation of this project? (include how you will measure the success of the project listing measurable accomplishments and criteria for measurement. You'may include a letter of support from the effected nelghborhood(s).) Within the last two weeks, Community Housing Resource Board has attended neighborhood association meetings at Harwell and Arnett Benson and informed members' of CHRB's application sub- mission.: Upon approval of the "Revitalization of Lubbock" project,.CHRB will hold public hearings about the proposed project. At the hearings, neighborhood residents will receive information about the proposed project and their input will be solicited. Interest in the project will be determined by the input received thus, detailed records will be maintained. Success of the project will be measured by the number of households receiving assistance and questions such:as "Did the number meet/exceed the goal?" will be asked and answered. As' always, CHRB will provide reports as required by its funding source. City of Lubbock Community Development Funding Request �­C�ould OSED PROJEG7 t4ynunuzu...� this project occur without these funds? 8. Will this project continue after funding ends? ow?' C. Yes a No Yes ❑ No If yes, h CHRB proposes to make this project perpetual in that grant monies will. revert back to the program. Page 4 APPLICANT INFORMATION Describe your capacity to successfully carry out this project particularly prior experience, annual budget, number and types of facilities or services, and number served. qty Housing Resource Board (CM) drawsof is stral engthsdfrom sealsala factors such as the endorsement and support diversified board composition and current staff who, have extensive expe- rience in the administration of major state and federal programs from both operational and fiscal standpoints. CHRB is a HM Certified Housing .Counseling Agency and has received both City of Lubbock and State of Texas CHDO status. CHRB has beendesignated as a "Community Based Partner" of several local banks including NationsBank, Lubbock National Bank and uhisperwood. Community Partnerships allow CHRB to assist lenders in their affordable housing programs and direct clients to programs which are specific to their individual needs. CHRB is a recipient of BM funds from the Texas Depaof rtment f also Housing and re- cipient Affairs to rehab Granhomes th the €unds through TDMA. These monies cipient of.Emergency for the nameless. In addi- tion for the provision of transitional. housing tion, the Lubbock Area Fomdation awarded CHRB a grant that helped C�Make has homes of the elderly became handicap accessible and veat.herized. developed linkages and cooperative vorking agreements with many other service delivery agencies in the area. (cantimied on Page 5) 2. Ust members of your project team, induding rotes, expertise, and whether paid or volunteer. The paid staff of Coammity Housing Resource Board has over ten years working in the noir-profit sector and over 15 years in the housing industry. Both staff members are bilingual and will be able to provide education and program intake and application assistance to non-English speaking persons. By training, the Director's education entails attendance of workshops relevant to housing such as the Neighborhood Reinvestment Training Institut Enterpise Foundation, USDA loan packaging and certification - Another staff member is a licensed broker and Provides valuable housing experience and education. This experience inclvdes.property management, listing and selling. City of Lubbock Community Development Funding Request Page 5 C. APPLICANT INFORMATION Continued... These working relationships allow MRB to obtainadditional resources for its client group. This coincides with C RB's philosophy of providing comprehen- sive services to its clients in a coordinated, cost effective and efficient mariner. Perhaps more significantly, CIRB has served and continues to serve low inane families as its first priority. These hou8ehalds will benefit from the affordable housing initiatives proposed in this application. INTERES-1 Federal law (24CFR570.611) prohibits persons who exercise or who have exercised any functions or responsibilities with respect to the above grants...,or who are in a position to participate in a decision making process or to gain inside information with regard to such activities, may obtain a financial Interest or benefit from an assisted activity...elther for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 1. Is there any member of the appflcanrs staff, member of the applicant's Board of Directors, or officer who currently Is or has/have been with in one year of the date of this application a City employee, a member of the Community Development Advisory Committee, or a member of the City Council? ❑Yes No i If yes, please list names: 2. Will the funds requested by the applicant be used to pay the salaries of any of the applicant's staff or award a subcontract to any individual who Is or has been within one year of the date of this application a City employee, a member of the Community Development Advisory Committee, or a member of the City Council? ❑ Yes ® No If yes, please list names: 3. Is there any member of the applicanrs staff, member(s) of the Board of Directors, or officer(s) who are business partners or immediate family of a City employee, a member of the Community Development Advisory Committee, or a member of the City Council? ❑ Yes ® No If yes, please list names: City of Lubbock page 6 Community Development Funding Request EFernonstrate GOVERNING @0DY PROFILE ie compliance withTate VIof the ClrriltReithatnoerson I the Un ed 6taates shall, nstra a 24 CFR Parti 0. which staitsn In, be denied the bener pursuant thereto (illindof race. color or national origin, be exduded froremacr ad tivity f°r whid►1he aPPh�ntherwise subjected to discximtnation under anyderal Rnandal assistance,••• sand ditectots of the board• . Please describe the method of selection of officer tion shall be Election and Tenn of Office -The officers of the organization acted every two Years by the membership. body following the annual Of the governinS place at the first meeting successor shall Each officer shall hold office until his/he shall have been meeting. duly elected or until he/she shall resign have been remaved in the mamer hereinafter provided• tion, reveal in any office because of death, -resignation, Vacancies - A octan filled by the general membership by appointment for the o=�axpi red portion or� be the .term' 2. What is the time and place of regular meetin s?at CEIRB office' 5302 Avenue R Third Monday of each a mth, 6.30 p dence, number of years on the board, occupation, race. 3. Ust officers names, place of res' and sex below. Jackson 1 1/2 yrs Retired Black Female ■ . 1312 E. 24th D. A. Smith 1-1I2 yrs .Minister Black... Ma1e 1713 40th Black Female Lynn Bracy 1-1/2 yrs Warehouse �pv ' 1516 E. First R. J. Givens 1-1/2 yrs Real Estate Black Male 1.701 E. 26th Rose Wilson 1-112 yrs Domestic Black Female 3508 E. Cornell Willie Ewings 1-1/2 yrs Minister Black We 20153rd Gene Valentina 1 yr Mediation Anglo Coordinator Male 3511 96th Admdn �10 Male. Bob Ericson 1 Yr Floydada, TK 1 Builder Hispanic Male Art Cuevas Yr 7406 83rd City of Lubbock Community Development F nding Request Page 7 F. BUDGET V. Please 1151 app!fcanrs anticipated expenditures. detailing requested funds and appricant's ! matching funds. Please place C=Cash, S --Sweat Equity, O=Other Grants. D=Donations beside each entry under "Applicant's Matching Funds" to denote the type of match being used. Administration: _ Personnel:( 3) $ 46,000 Payroll Taxes @ 7.65Z _ -3,519 Employee Benefits Office Supplies 600 Copy Supplies 600 Postage 384 Telephone 600 Promotional Professional Services (audit )8.000 Vehicle Fuel/Mileage 600 Other. D&0 Ins. 3,000 (Prorated' office space @WL 3.000 Proms Acquisition Reconstruction Rehabilitation Installation Training & Technical Assistance Direct Assistance aental_af SQagelEgyiR . Professional Services for Clients S 46,000 _ 3_519 00 = 600 384 _ 6 0 _ 8.000 = 600 i 3,000 _ _ + i i + i + _ i + _ + = 3,000 ' I i + = i Other..Interim Fin. 750,000 + = 800,000 Principal buy down + 250.000 (0) =250 000 Dovn payment/Closing + 50,000 (0) _ — • TOTALS ...�, � . i 581.6.303 + :_300.000 (0) arr X1:116;303 Kote'': Administration is based on 10% of the funds requested, not total project costs. ,ity of Lubbock :ommunity Development Page 8 'unding Request BUDGET Continued... 11 b. Please list applicant's anticipated program income to this project and detail how applicant will create a return of investment to the grantor particularly if proposed project includes i facilities, housing, or economic development. Community Housing Resource Board proposes to make this project perpetual in that all 8nt monies will providerevert interimkfinancing program. to the CHRB a grant -.monies while Norwest and other financial institutions will provide I permanent financing. If CHRB is awarded funding from the Housing Trust Funds it will finance the principal buy down at a low interest rate of 3% for a period of 5 too.Max lyears creating an additional imumssubsidy shall be $40.000.00 source of perpetual incme per household. f 3. Units of Se. -vice Calculation (a) Tota! Project Budget $1,116,303.00 (b) Total Unduplicated units Served 20 households 1 c Average Cost Per Unit ( alb) $ .55,815-15 per household City of Lubbock Community Development Funding Request Page 7 1. Please list appticanrs anticipated expenditures, detailing requested funds and applicants matching funds. Please place C --Cash S --Sweat Equity, O=Other Grants, D=Donations beside each entry under `Applicants Matching Funds' to denote the type of match being used. Admini, sftation: Personnel ## 23,250 + Payroll Taxes @ 7.65% 1.778.63 + Employee Benefits + office Supplies + Copy Supplies + Postage + Telephone + Promotional + Professional Services (audit) 4.000 + Vehicle Fuel/Mileage + Other. (D&0 Ins.) 2.971.37 + Proaram• Acquisition + Reconstruction + Rehabilitation + Installation + Training & Technical Assistance + Direct Assistance + Rental of Space/Equip. + Professional Services for Clients + Other. (Interim Fin.) 400.000 + Norwest + Financing + 400,000 = 231250 = 1.778.63 _ _ _ = 4e0nn = 2.971.37 _ _ s (TOTALS L-112,00_0,_, + $_,nnn_ _ $ _832.000 C C F F ;ity of Lubbock ,ommunity Development page a ,unding Request BUDGET Continued... and detau how spm !. Please ust applicants anticipated program income to this project sed ir�ludes Will create a return of invest dew the eioprgrantor pertlariY g PmPO�°1 facilities. housmg, or eoono I Community Housing Resource Board proposes to hake this pthe roject perpetual in that all grant monie ,s willprogram. CBRB's grant-monias will provide interim financing while Norwest and other financial institutions will provide permanent financing. _ i If CHItB is awarded funding from the, atusilow interest rate l buyrate o= ; will finance the principa creatian additional 3% for a period of 5 to 10 year s t source of perpetual income. Maximue�ssubsidr shall be $40,000-01 per household. , 1 i 3. Units of Sa, rice CWculation (a) Tota! Project Budget $1,116,3113.00 ' 20 households i (b) Total Unduprcated Units Served er househol3 ' _ . 55.815.1S p j (c) Average Cost Per Unit ( alb) 1 r r-