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HomeMy WebLinkAboutContract 26783 CITY SECRETARY STATE OF TEXAS § CONTRACT NO . § COUNTY OF TARRANT § THIS contract is made and entered into by and between the City of Fort Worth ("City"), acting and through Libby Watson, its duly authorized Assistant City Manager, and Fort Worth Area Habitat For Humanity, Inc. ("Contractor"), by and through Gail Ryan, its duly authorized Executive Director. Contractor's business address is 3345 S. Jones, Fort Worth 76110. WHEREAS, the City of Fort Worth has been notified that it will receive grant monies from the United States Department of Housing and Urban Development("HUD")through the Community Development Block Grant("CDBG") for Year XXVII and, WHEREAS, the primary purpose of the CDBG Program is to benefit low and moderate income citizens of Fort Worth; and, WHEREAS, the citizens of Fort Worth, the Community Development Council, and the City Council of Fort Worth have determined that decent, safe and affordable housing is needed by low and moderate income citizens of Fort Worth; NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: THAT,the parties covenant and agree as follows: 1. Scope of Services a. Contractor will use CDBG funds to purchase seven(7) lots on which it will construct new homes to provide homeownership opportunities to low and moderate citizens of Fort Worth under the program name In-Fill Lot Purchases ("Program"), for the term beginning June 1, 2001,and ending May 31,2002. The homes will be constructed with private funds, donated materials and volunteer labor. This Contract may be extended for one (1)one-year term. Contractor shall request the extension in writing and submit the request to the City sixty (60) days prior to the end of the contract. The City may then approve the extension of the Contract for another year. It is specifically understood that it is the City's sole discretion whether to approve or deny the request. b. Contractor will provide the services and activities delineated in Exhibit A-Program Summary in accordance with Exhibit C-Implementation Schedule. c. Contractor agrees to meet the National Objective of activities benefiting low and moderate income individuals; and to maintain full documentation supporting fulfillment of this National Objective in its files. d. City will monitor the performance of the Contractor against the goals and performance standards required herein. Substandard performance as determined by City will constitute non-compliance with this Contract. If action to correct such substandard performance is not taken by Contractor within a reasonable period of time after being notified in writing by City, contract suspension or termination procedures will be initiated. M �0 6,� PE 00QDP �J1V�1 II fix- 2. Compensation and Method ofPayment a. City will disburse CDBG Year XXVII monies in an amount up to $20,250 to Contractor on a reimbursement of expenses basis. b. Payment will be processed by City following receipt from Contractor of the following monthly financial documents: (1) Attachment I-Sub-Grantee"s Request For Funds, (2) Attachment 11-Detail Statement of Costs, and (3) Attachment III-Expenditures Worksheet Report. Reimbursement for the payment of eligible expenses shall be made against the line item budget specified in Exhibit B-Program Operating Budget and in accordance with performance specified in Exhibit C-Implementation Schedule. c. Contractor agrees to utilize all disbursed CDBG funds for the benefit of the Program. Contractor agrees that funds will be expended in accordance with the Program Operating Budget. Contractor may not increase or decrease line-item amounts in the approved CDBG Program Operating Budget without prior written approval by the City. d. It is understood that the total cost for operation of this program is $2,076,243 and that Contractor will obtain the remaining funds in excess of the CDBG amount as detailed in the Program Operating Budget. Contractor will notify City promptly of any additional funding it receives for operation of the Program, and City reserves the right to amend the Program Operating Budget in such instances. e. Contractor agrees to keep all CDBG monies on hand in interest bearing accounts. All interest earned shall be reported to City on a monthly basis, at the same time as submission of the monthly report following the end of the contract month during which the interest was earned. Interest in an amount of $25.00 or less per month may be used for authorized program expenses. These amounts must be reported on the monthly financial statements filed pursuant to this contract. Interest earned in excess of$25.00 per month is subject to remittance to City as directed by City. L Contractor will not commingle CDBG monies with any other funds in any manner which would prevent City from readily identifying program expenditures for operation of the Program. 3. Uniform Administrative Requirements and Program Management Standards a. Financial Management i. Accounting Standards The Contractor agrees to comply with 24 CFR 84 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. ii. Cost Principles Contractor shall administer the Program in conformance with OMB Circular A-122, "Cost Principles for Non-Profit Organizations" and attachments and revisions thereto,regarding principles for determining costs for the Program. b. Documentation and Record Keeping i. Requirement Contractor shall maintain all records pertinent to the activities to be funded under this Agreement required by HUD regulations specified in 24 CFR § 570.506. In addition, Contractor agrees to keep records to fully document all expenditures charged to the CDBG program. The documentation must support the amounts charged to Program and demonstrate that the expenditures were appropriate to the stated goals of the Program and allowable under applicable federal, state and City guidelines. z G� °�� � GaD (CE�;j{, I' 7f71nG�I ` �LM� VZ �E'VC�UU11 YL�YVB ii. Retention (1) All records pertaining to Program shall be retained for five (5) years following the date of termination of this contract. Contractor may destroy Program records at the end of this five (5) year period if no outstanding audit finding exists. (2) Contractor will retain Program loan records until (5) years after the expiration of the loan. iii. Property Records The contractor shall maintain real property inventory records which clearly identify properties purchased, improved, or sold. Properties retained shall meet eligibility criteria and shall conform with 24 CFR § 570.505. iv. Close Outs The Contractor's obligation to City shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets ( including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. v. Audits and Inspections (1) City, HUD, and the United States Comptroller General, or their representatives, shall have access to any books, documents, records and papers relating to the operations of Contractor under this Agreement for the purpose of audit, examination, exception and transcription at all reasonable hours at all offices of Contractor. (2) All non-federal entities that expend $300,000 or more in federal funds within one year, regardless of the source of the Federal award, must submit to City an annual audit prepared in accordance with 24 CFR part 84 generally, with specific reference to OMB Circulars (with amendments)A-122 and A-133 as appropriate. The audit may cover either Contractor's fiscal year during which this contract is in force or cover the period of this contract. The audit must be prepared by an independent certified public accountant, be completed within twelve (12) months following the end of the period being audited and be submitted to City within thirty (30) days of its completion. Contractor's audit schedule is attached hereto as Exhibit D - Audit Schedule. Costs of preparation of this audit may be an allowable expenditure of CDBG funds in an amount proportional to that of the CDBG funds used in contractor's total agency operating budget. Non- federal entities that expend less than$300,000 a year in federal funds are exempt from Federal audit requirements for that year,but records must be available for review or audit by appropriate officials of the Federal Agency, pass-through entity (City), and General Accounting Office (GAO). (3) City reserves the right to perform an audit of Contractor's program operations and finances at any time during the term of this contract, if City determines that such audit is necessary for City's compliance with OMB Circular A-128. Contractor agrees to allow access to all pertinent materials. If such audit reveals a questioned practice or expenditure, such questions must be resolved within fifteen (15) days after notice to Contractor. If questions are not resolved within this period, City reserves the right to withhold further funding under this and/or future contract(s). (4) If as a result of any audit it is determined that Contractor has misused, misapplied or misappropriated all or any part of the grant funds described herein, Contractor agrees to reimburse the City the amount of such monies so misused, misapplied or misappropriated, plus the amount of any sanction,penalty or other charge levied against City because of such misuse,misapplication or misappropriation. 3 U-U ^ L W�@ aRIMM. 4. Reporting Procedures a. Program Income Contractor agrees that all program income from operation of the Program in proportion to the amount of CDBG funds received hereunder will be expended prior to expending CDBG monies and that any such program income is subject to the terms of this contract. CDBG monies may be expended by the Contractor only if program income is insufficient to meet all eligible program activity expenses. Contractor agrees to return to City at the end of the Contract any remaining program income earned from operation of the Program in proportion to the amount of CDBG funds in the overall operating budget. b. Progress Reports i. Contractor will submit monthly Attachment IV- Program Services Report to City for services and activities undertaken by Contractor in performance of this contract. The report will be signed by a duly authorized agent of Contractor and submitted by the 15"' of the month following the month which is reported. The City is under no obligation to disburse funds for expenditures which occurred prior to the first day of the month for which the report is submitted. c. Procurement i. Compliance The Contractor shall comply with City policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property, as defined by such policy , procured with funds provided herein. ii. OMB Standards The Contractor shall procure all materials,property, or services in accordance with the requirements of 24 CFR 84, Procurement Standards and Property Management Standards as modified by 24 CFR 570.502(b)(6), covering utilization and disposal of property. 5. Reversion ofAssets a. Contractor agrees to return to City any CDBG funds remaining on hand at the end of the Contract. b. All property purchased with CDBG funds under this contract will be used solely for operation of the Program. Contractor agrees to obtain City approval prior to purchase of property. Contractor agrees to notify City upon receipt of property so that it may be properly tagged and inventoried. Title to such property will be vested with the City, and, at the termination of the Program for which CDBG funds have been received, Contractor will deliver all such property to City for disposition at City's sole discretion. 6. Applicable Laws a. Federal Contractor agrees to comply with the following laws and the regulations issued thereunder as they are currently written or are hereafter amended during performance of this contract: • Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq) 4 �G�L El'Eclz:D Dpfn � � M't��G/(/ • Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq) • Executive Orders 11063, 11246, as amended by 11375 and as supplemented by Department of Labor regulations (41 CFR , Part 60) • The Age Discrimination in Employment Act of 1973 (29 USC 794) • Section 504 of the Rehabilitation Act of 1973 (29 USC 794) • The Immigration Reform and Control Act of 1986 (Pub. L. 99-603, 100 Stat. 3359 , as amended), specifically including the provisions requiring employer verification of the legal status of its employees • The Housing and Community Development Act of 1987 (Pub. L. 100-242, 101 Stat. 1815, as amended) • The Americans with Disabilities Act of 1990 (42 USC 12101 et seq) • Drug Free Workplace Act of 1988 (24 CFR part 23, Subpart F) b. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701 As the work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701, Contractor covenants to abide by the requirements of the said Section 3. It requires as follows: (i) That, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area, and (ii) That, to the greatest extent feasible, 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 area of the project. Contractor will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development, set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. Contractor certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements. Contractor agrees that it will send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers representatives of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. Contractor agrees that it will include the said Section 3 clause in every subcontract for work in connection with the project and will, at direction of City, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135. Contractor agrees that it will not subcontract with any subcontractor where it has knowledge that the latter has been found in violation of regulations under 5 is ��aQ� G?[C�GQD 24 CFR 135 and will not let any contract unless the subcontractor has first provided Contractor with a preliminary statement of ability to comply with the requirements of these regulations. City and Contractor understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract shall be a condition of the Federal financial assistance provided to the project, binding upon the City and the Contractor, and their respective successors, assigns and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors, its successors and assigns,to those sanctions specified by the Grant Agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR 135. c. Other Laws Contractor covenants and agrees that its officers, members, agents, employees, program participants and subcontractors shall abide by and comply with all other laws, federal, state and local, relevant to the performance of this contract, including all ordinances, rules and regulations of the City of Fort Worth and the Housing and Community Development Act of 1974 (Pub. L. 93-383, 885 Stat. 633,), as amended, and all regulations pertaining thereto. Contractor further promises and agrees that it has read, and is familiar with,terms and conditions of the Community Development Block Grant under which funds are granted and that it will fully comply with same. It is agreed and understood that, if City calls the attention of Contractor to any such violation on the part of Contractor or any of its officers, members, agents, employees, program participants or subcontractors,then Contractor shall immediately desist from and correct such violation. 7. Nondiscrimination a. Contractor, in the execution,performance or attempted performance of this contract and agreement, will not unlawfully discriminate against any person or persons because of sex, race, religion, age, disability, color or national origin or sexual orientation, nor will Contractor permit its officers, members, agents, employees, subcontractors or program participants to engage in such discrimination. b. In accordance with the policy of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of bona fide occupational qualification, retirement plan or statutory requirement. c. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. d. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability, terms and/or conditions of employment for applicants for employment with Contractor, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City Mty� �}�j�nEMD NL APHI VE�� arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. e. This agreement is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article III, Division 3 ("Discrimination in Employment Practices"), of the City Code of the City of Fort Worth, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents, employees and subcontractors, have fully complied with all provisions of same and that no employee, employee-applicant or program participant has been discriminated against by the terms of such ordinances by either the Contractor or its officers, members, agents, employees or subcontractors. 8. Prohibition Against Interest a. No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which the Program is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the Program funded hereunder during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts hereunder. b. No member, officer, employee, or program participant of Contractor or its subcontractors shall have a financial interest, direct or indirect, in this contract or the monies transferred hereunder or be financially interested, directly or indirectly, in the sale to Contractor of any land, materials, supplies or services purchased with any funds transferred hereunder, except on behalf of Contractor, as an officer, employee, member or program participant. Any willful violation of this paragraph with the knowledge, expressed or implied,of Contractor or its subcontractors shall render this contract voidable by the City of Fort Worth. 9. Minority and Women Business Enterprise Commitment Contractor agrees to abide by the City of Fort Worth's policy to involve Minority and Women Business Enterprises (MWBEs) in all phases of its procurement practices and to provide them an equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by City. Therefore, Contractor agrees to incorporate City Ordinance No. 11923, and all amendments or successor policies thereto, into all contracts and will further require all persons or entities with whom it contracts to comply with said Policy. 10. Non-Assignment Contractor will not assign any or all of its rights or responsibilities under this contract without the prior written approval of City. Any purported assignment without such approval will be a breach of this contract and void in all respects. 11. Independent Contractor a. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Contractor shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, 7U1�CVQD (�2G++RYM�}��� C�I Em,RY U�C U J t� ��1 1�, 7IX subcontractors, program participants, licensees or invitees. The doctrine of respondeat superior shall not apply as between City and Contractor, its officers, members, agents, servants, employees, subcontractors, program participants, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is expressly understood and agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of the Contractor, nor any program participant hereunder, is in the paid service of City and that City does not have the legal right to control the details of the tasks performed hereunder by Contractor, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees. b. City shall in no way nor under any circumstances be responsible for any property belonging to Contractor, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged; and Contractor hereby indemnifies and holds harmless City and its officers, agents, and employees from and against any and all claims or suits. 12. Insurance and Bonding a. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense. City and its officers, agents, servants and employees from and against any and all claims or suits for property loss or damage and/or personal injury, including death,to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement and/or the operations, activities and services of the Program described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City; and Contractor hereby assumes all liability and responsibility of City and its officers, agents, servants, and employees for any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kinds or character, whether real or asserted, arising out of or in connection with the execution,performance, attempted performance or non-performance of this contract and agreement and/or the operations, activities and services of the programs described herein, whether or not caused in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City. Contractor likewise covenants and agrees to and does hereby indemnify and hold harmless City from and against any and all injury, damage or destruction of property of City, arising out or in connection with all acts or omissions of Contractor, its officers, members, agents, employees, subcontractors, invitees, licensees, or program participants, or caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City. b. Contractor will maintain a blanket fidelity coverage in the form of an insurance bond in the amount of$20,250 to insure against loss from the fraud, theft or dishonesty of any of Contractor's officers, agents, trustees, directors or employees. The proceeds of such bond shall be used to reimburse City for any and all loss of CDGB monies occasioned by such misconduct. To effectuate such reimbursement, such bond shall include a rider stating that reimbursement for any loss or losses thereunder shall be made directly to City for the uses and benefit of Contractor. c. Contractor shall furnish to the City , in a timely manner, certificates of insurance as proof that it has secured and paid for policies of commercial insurance as specified herein. Such insurance shall cover all insurable risks incident to or in connection with the execution,performance, attempted performance or nonperformance of this contract and agreement. Contractor shall maintain the following coverages and limits thereof. RMAL EEO 8 FITY RIC EERY U Ilo L�V��1�UUy,���6 i. Commercial General Liability Insurance $1,000,000 each occurrence $1,000,000 aggregate limit ii. Business Automobile Liability Insurance $1,000,000 each accident Insurance policy shall be endorsed to cover"Any Auto". Pending availability of the following coverage, and at the discretion of the Contractor, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of Contractor's business as contracted herein. iii. Directors and Officers Insurance Optional (Highly Recommended) Note: This insurance shall cover the Contractor and any associated Board of Directors members. iv. Workers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $500,000 each accident $500,000 disease - each employee $500,000 disease—policy limit Note: Such insurance shall cover employees performing work on any and all projects including but not limited to construction, demolition, rehabilitation. Coverage shall be maintained by Contractor or its subcontractors. In the event the respective subcontractors do not maintain coverage, the Contractor shall maintain the coverage on such subcontractors for each applicable subcontract. v. Additional Requirements Such insurance amounts shall be revised upward at City's option and that Contractor shall revise such amounts within thirty (30) days following notice to Contractor of such requirements. Contractor will submit to City document that it has obtained insurance coverage and has executed bonds as required in this contract and prior to payment of any monies hereunder. Each insurance policy shall be endorsed to provide City with a maximum sixty (60) days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. Insurance policies required herein shall be endorsed to include the City of Fort Worth as an additional insured as its interests may appear. Additional insured parties shall include employees, officers, agents, and volunteers of the City of Fort Worth. The Workers' Compensation Insurance policy shall be endorsed to include a waiver of subrogation, also referred to as a waiver of rights of recovery, in favor of the City of Fort Worth. Any failure on part of the City to request certificate(s) of insurance shall not be construed as a waiver of such requirement nor as a waiver of the insurance requirements themselves. Insurers of Contractor's insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to business in the state of Texas. Insurers shall be acceptable to the City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rating of A:VII or other equivalent insurance industry standard rating unless otherwise approved by the City of Fort Worth. 9 Ifi�WCU-1 I)KC01© Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by the City of Fort Worth. In the event there are any local, federal or other regulatory insurance or bonding requirements for the housing program addressed in this contract, should such requirements exceed those specified herein, the former shall prevail. Contractor shall agree to require its subcontractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and, Contractor shall require its subcontractors to provide Contractor with certificate(s) of insurance documenting same; and, Contractor shall require its subcontractors to have the City of Fort Worth and the Contractor endorsed as additional insureds (as their interests may appear)on their respective insurance policies. Contractor shall require its subcontractors to maintain builders risk insurance at the limit of applicable project(s) costs when the value of materials involved exceeds $10,000 or at a different limit value limit as specified by the City of Fort Worth. 12. Waiver of Immunity If Contractor, as a charitable or nonprofit organization, has or claims an immunity or exemption (statutory or otherwise)from and against liability for damages or injury, including death, to persons or property; Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. 13. Termination a. In addition to,and not in substitution for,other provisions of this Agreement regarding the provision of public services with CDBG funds, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, it is expressly understood and agreed by and between the parties hereto that this agreement is wholly conditioned upon the actual receipt by City of Federal CDBG Year XXVII funds; that all monies distributed to Contractor hereunder shall be exclusively from Federal monies received under said grant and not from any monies of City; and that if such funds under said grant are not timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this contract and agreement and City shall not be liable for payment for any work or services performed by Contractor under or in connection with this contract. b. City may terminate this contract whenever such termination is determined to be in the best interest of City, in event of Contractor's default, inability or failure to perform or to comply with any of the terms herein, or for other good cause. c. The parties acknowledge that CDBG funds paid hereunder are intended to provide only partial funding for Contractor's program operations. If non-CDBG funds included in the Operating Budget are not forthcoming to Contractor during the contract term, City may terminate this contract. d. CDBG funds provided hereunder may not be used as collateral for loans to Contractor to defray program operation expenses, and any attempted use of CDBG funds for this purpose will result in termination of this contract by City. e. Termination will be effected by written notice to Contractor, specifying the portions of the contract affected and the effective date of termination. Upon Contractor's receipt of such termination notice, Contractor will: • Stop work under the contract on the date and to the extent specified by City; Cease expenditures of CDBG monies, except as necessary for completion of the portions of the contract not terminated; and • Terminate all orders and contracts to the extent that they relate to terminated portions of the contract. f. Contractor will return to City any unused monies previously advanced by City under this contract within thirty (30) days of the effective date of contract termination. City will have no responsibility or liability for Contractor's expenditures or actions occurring after the effective date of contract termination. 14. Certification Regarding Lobbying a. The undersigned representative of Contractor hereby certifies,to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. Contractor shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of federal funds. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan or cooperative agreement, Contractor shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying," in accordance with its instructions. 15. Miscellaneous Provisions a. All terms of this contract shall apply to any and all subcontractors of Contractor who are in any way paid with CDBG funds or who perform any work in connection with Contractor's program. b. The provisions of this agreement are severable, and, if for any reason a clause, sentence,paragraph or other part of this agreement shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. c. The failure of the City to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. d. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or nonperformance of this contract and agreement,venue for said action shall lie in Tarrant County, Texas. e. This written instrument and the exhibits attached hereto, which are incorporated by reference and made a part of this contract for all purposes, constitute the entire agreement between the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. Any amendments to the terms of this contract must be in writing and must be approved by each party to this contract. IN WITNESS WHEREOF,the parties hereto have executed four copies of this contract in Fort Worth, Tarrant County, Texas, this_�- day of , A.D. 2001. CITY OF FORT WORTH FORT WORTH AREA HABITAT FOR HUMANITY, INC. By: By: _ Libby Wa on Gail Ryan Assistant City Manager Executive Director APPROVED S TO FORM AND LEGALITY: Asst. City Attorney ATTEST: Z44�' - 44A". City Se etary -�� z;?() Contract Authorization Date 12 I n j) '� pWe STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary public in and for the State of Texas, on this day personally appeared Libby Watson, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that she executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Z`lday of f , A.D. 2001. PPV P"ti PATRICIA A GARCIA Notary Public in and for NOTARY PUBLIC *; {* State of Texas the State of Texas tN ti? Comm. Exp.03-31-2005 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Gail Ryan, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed, as the act and deed for Fort Worth Area Habitat For Humanity Inc. and in the capacity therein stated as its duly authorized officer or representative. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 116 day of , A.D. 2001. A O Notary Public 'n andXr the State of Texas 4 ♦P" �w9P��o .� CARLA N. RYE. 4• MY COMAA S-PON Exrl?Et 'oaf Sepfe mber2S, 2001 13 Py EXHIBITS AND ATTACHMENTS EXHIBIT A-Program Summary EXHIBIT B-Program Budget EXHIBIT C-Implementation Schedule EXHIBIT D-Independent Audit Requirement ATTACHMENT I---Request For Funds ATTACHMENT II---Detail Statement Of Cost ATTACHMENT III---Expenditure Worksheet ATTACHMENT IV--Monthly Narrative Report EICIO RD 0rV E(1vPRAQ17 TEX. EXHIBIT A PROGRAM SUMMARY PROGRAM TITLE HABITAT FOR HUMANITY-IN-FILL LOT PURCHASES CDBG Year XXVII PERSONAL SERVICES $0 SUPPLIES $0.00 CONTRACTUAL SERVICES(Land Acqusition) $20,250.00 CAPITAL OUTLAY $0.00 TOTAL $20,250.00 DESCRIPTION: The Habitat for Humanity Program,operated by the Fort Worth Area Habitat for Humanity,provides affordable housing opportunities to low-income persons utilizing volunteer labor,management expertise and donations of money and materials to reduce construction cost. Each homeowner is required to invest "sweat equity" hours into the construction of their home. This reduces the cost and increases the pride of ownership. Habitat will use Community Development Block Grant funds to purchase property sites.Habitat will construct new,affordable houses on the sites to be sold to low-income persons. The performance period will be from June 1,2001 to May 31,2002. PROGRAM OBJECTIVES: To purchase approximately 7 lots PROGRAM MEASURES: Projected Year XXVII Number of lots purchased 7 _FN ill ��CIKNEID Cz o � EXHIBIT B Or¢antzatiott� Fort Worth Area Habitat for Hurnanitv Program Titter'. In-Fill Lot Purchases PROGRAM BUDGET Total Grant Other Sources** Expense Category Budget Budget ICI IDI IEI IFI JAI IBI PERSONNEL SERVICES Salaries 384,842 95,075 197,767 62,000 30,000 FICA 29,443 27,037 2,406 Life Insurance 504 504 Health Insurance 12,972 12,972 Unemployment-State 0 Unemployment-Federal 0 Worker's Compensation 10,866 10,866 Retirement SUPPLIES Office Supplies 9,000 9,000 Postage 14,650 14,650 Teaching Aids 0 Other S eci )* 1,523,341 $20,250 1,095,978 150,678 256,435 CONTRACTUAL SERVICES Telephone 16,700 16,700 Electric 4,500 4,500 Gas Utilities 2,000 2,000 Water/Waste Disposal 1,000 1,000 Rent[Buildingl 0 Custodial Services 1,300 1,300 Office Equipment Rental* 1,902 1,902 Printing 22,200 22,200 Repairs 9,000 9,000 Fidelity Bond*** 36 36 Liability Insurance*** 8,287 8,287 Legal&Accounting 15,000 15,000 Private Auto Allowance 0 Conference&Seminars 3,700 3,700 CAPITAL OUTLAY Furniture,Fixtures 0 Office Equipment, Com uters 5,000 5,000 Office Equipment 0 TOTALS $2,076,243 $20,250 $122,112 $1,344,797 $215,084 $374,000 "Land$76,500,51,217281-cost for materials for 27 houses;neighborhood repair$10,000;tithe to Habitat for Humanity International$30,000; Note:Column A should be the total of Columns B through F. tools$10,000;office renovation 5900;fundraising$30,000,real estate insurance expenses$10,500 and other miscellaneous expenses. *Specify on Budget Detail(following pages) **Use one column for each non-grant funding source;note below which column equates to each source(from Leverage of Funds): ***Fidelity bond and liability insurance are required of all subcontractors and may be paid from grant funds or other funds. ICI ReStore IEI Grants IDI Faith Group s;Corporations[FI Individuals;Mort age Income M1 HE L'JIJ In-Fill Lot Purchases Organizavon: Fort Worth Arca Habitat for Humanity Program Title: IMPLEMENTATION SCHEDULE Organization: Fort Worth Area Habitat for Humanity,Inc. Program: In-Fill Lot Purchases PROJECTED PERFORMANCE JUN JUL AUG SEP OCT NOV DEC JAN FF:B MAR APR MAY TOTAL . Purchase I lot in the Near Southeast Neighborhood • A. S. Purchase I lot in the Far Greater Northside Area • C. Purchase 1 lot in Near Southeast Neighborhood D. Purchase Ilot inthe Greenway Neighborhood • E. Purchase I lot is the Near Southeast Neighborhood • F. Purchase I lot in the Greenway Neighborhood • G. Purchase 1 lot in the Near Southeast Neighborhood • H. I. •Please indicate on the above timeline when each program activity will be implemented. �szJ� n �raw EXHIBIT D YNDEPENDENT AUDIT REQUIREMENT BUSINESSIAGENCY NAME- . PROGRAM: .. AMOUNT FUNDED: S Mame of Independent Auditor`vho tivill perform agency audit: (Independent Auditor) Date audit is to perform: (Month and Year) The following language is a condition of your contract with the City: "In accordance with OMB Circulars A-128 and A-133, for all contracts in the amount of$300,000 or more, Contractor must submit to City an annual audit of its program operations and finances, covering either its , fiscal year during which this contract is in force or covering the period of this contract. This audit must be prepared by an independent certified public accountant and must be submitted within three(3)months of its completion. Costs of preparation of this audit maybe an allowable expenditure of federal funds in an amount proportional to that of the federal funds used in Contractor's total agency operating budget." Signature Date 41 0°�� 'f��� D C171 �' M�fIQ�T F1 A UUNFO�U U VEX ATTACHMENT I CITY OF FORT WORTH HOUSING DEPARTMENT REQUEST FOR FUNDS Agency Program Name: ContractNumber: Report Period: Contract Amount: Date of Request: SECT.IONI A►CENCX ._". �"�' -y^—•� i; -rR�rsltTf.. c+>f...C,.F...��a:•.,1, a,. rys.,....._. , ,,w: :���; ::� �_ �'�..� 1 Cumulativ`e'::.: ����;' T':',.•F � ;- � �' .� :�..:.� •ykt.;.�Currerit 1�lonth:��•a'.:�:..� •;::., ;• _ a. • ... .. .. � .. �.1 1.a.�•a.'•1..':i':.".,...u3��.4:�ic- �Y».'.i"_ «..t. ]c .. ... _ ...� ��ti.�i..._:��:....�w-a:..r ....�t:t.._y��:l:.:�'� . . . ' ••J CASH BALANCE ANALYSIS FOR APR 1. Beb-innin-Cash Balance S S 2. Amount Received: Program Income S S City of Fort Worth S S Interest Earned S S 3. Total Funds Available(I +2) S S 4. Less Expenditure(detail statement cost) S S 5. ENDING CASH BALANCE (3-4) S S d 'S� .•.�.var4d:a.;. ::a'� �:a�• i.::r.. ��'7...11.1�:.: 6. Estimated Expenditures S 7. Funds Needed(6-5) S S. Less Estimated Program Income S 9. Unpaid Request for Payment'Previously Submitted S 10.Amount of This Request(7-8 &9) S TOTAL AMOUIrT'R1EQ'UESTEb.... '=' "R •C fyT�.p ,,�.- .M. ,-. .:•, _ -... .. .. — .Y3S-:'vt 11 SECTION �"� my����'Y.' ti.r.•'a- 1:y`'._.: .r" `tY..p1 y t... .rt:.• ay f 'i:iJ't:.y.a.':�.i:� .�`a..—...-I:f:a�itf R �� �' .'r Y:ur{a•/� .. +. Je•• .afi. r.. r'.hrr- xr�>• :.Y',�=`r^.'.t.r _..�.._�,- C �.. a.:• Via,•",:` SECTION lI IT ° .��S ,f. �_ tit.; :: •� Wit; a '�. i �.... .'•Y:.� +a Hi1.. �r �a � e':�W4T:l�:..._..._�::lJ...s�:r Vis:?:,...._ _y.a:'. �.�`}y�4 .r.•..'t :i_ `` �Ka'.'+'r'.•_._.. .':Y,:.l.•. I. NIARS-P- urchasing Request J A. hIARS INPUT: Vendor/PO Number/Requisition Number B. Fund/Account/Center C. Towl Amount or this Request ?• ,a.^ "•�:li':` ��:�r:F,,.a T...rToT ';"'r •.r:. •r,.... ._ ...• � .r.•'• :IiK•:, _'. y,•••,: SECTION III •o- ::G j_ .. , ... :•�► ':!'� ..:M-.!.:•i•]1=1 A,��i.I lJiyiK•L.1L•jl.'J�n+aJ_:iYJ::4:.�. . i'r�i•�m.� •�.:4'wvl�'✓:'tra ...ys.1'?� ••�a'r 'w•+;.7�1.'. .. 1:.w ••l S:wl s•:.nj„a. r.a'.�•f%• I. Verification A. MARS-Purchasing: / ! B. contract NIannaer: (�JnleJ C. Accounting: ! Game) 2. Authorization A. Agency: / �.amel B. hlgmt& Budget Administrator 1 1 Housing Director IF OVER SM011.00 tNmnc) �C; U'U'J1lJff'�9 �L�We Attachment II CITY OF FORT WORTH HOUSING DEPARTMENT CONTRACT MANAGEMENT DIVISION DETAIL STATEMENT OF COSTS TO AGENCY REPORTPERt00 PROGRnrt CONTRACT NO. --&ATE OF REQUEST PROGRAM MONTHLY CUMULATIVE COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE PERSONAL SERVICES Salaries 516 010 FICA S16010 Life Insurance 518 050 Haahh Insurance 518 060 Unem to nt Tax-State 518 090 Worker's Comp 518 040 Retirement 516 070 SUPPLIES Office Su fes 521 010 Posta a 521 020 TcacNng Aids 522 030 Food Su rtes 522 030 O her Opecat;n2 Supplies 523 300 CONTRACTUAL SERVICES Tetephooc 535 040 Eloctric 535 020 Gas 7 ) 535 010 WoterfWaste DiR-tosal 535 030 Rent[Suildingj 537 010 Custodial Services 539 220 Office Eq4Apmcnt Rental 537 030 Prinf 533 030 airs 536 010 Fide( Bond 538 210 UxNlity Insurance 534 020 Lcoal&Accounting 538 050 Private Auto Allowance-Local 532 130 Advertisinc 533 010 Conferences&Seminars 531 180' Contractual Services S39120 CAWAL OUTLAY Fumettxe,Fixtures 541 330 Office Equipment.Computers 541 370 Other Equipment 541320 TOTAL COntrad=CeCUe catkXt I certefy that the Dosis incurred are taken from b-books of aooaxd and that suchcosts are valid and oorLsalerrt whit the ms terof the agreement NAME*and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE PREPARE ONE FORM FOR EACH SOURCE OF FUNDS DISTRIBUTION White :Accounting fIn( Blue :IAGM Green :Agency r r E RI Attachment III CITY OF FORT WORTH HOUSING DEPARTMENT CONTRACT MANAGEMENT DIVISION EXPEND[TUkES WORKSHEET AGemcy REPORT PEPJOO PROWAM CONTPUACT HO. DATE OF REQUEST NO. DATE CHECK NO. PAYEE DESCRIPTION ACCOUNT NO. AMOUNT 1 2 3 4 � 6 7 8 ' . 9 '10 11 . 12 13 14 15 16 17 18 19 20 21 22 23 24 26 TOTAL NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE ---- , END ����r'�nKKA Ry cK.en:AQ«wy g o ATTACHMENT IV HABITAT FOR HUMANITY PROGRAM SERVICES MONTHLY REPORT MONTH OF This Year to Status of Activities Month Date Number of Homes Sold Number of Homes Constructed Number of Homes Under Construction Number of Lots Acquired Signature of Aut Orized Representative Date Rv, 2-E ISAVI1� Homes Sold Month Year to Date Homes Constructed Month Year to Date Homes Under Construction Month Year to Date Lots Acquired Month Year to Date °,U G'[��uD City of Fort Worth, Texas IMA1jar And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 4/17/01 G-13207 13BLOCK 1 of 4 SUBJECT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) YEAR XXVII, EMERGENCY SHELTER GRANT (ESG) YEAR 2001-2002, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS HOPWA YEAR 2001-2002 CONTRACT ACTIVITIES RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute CDBG Year XXVII, ESG Year 2001-2002 and HOPWA Year 2001-2002 contracts with the following organizations to administer their respective programs, contingent upon approval and receipt of adequate funding from the U.S. Department of Housing and Urban Development, for a term beginning June 1, 2001, and ending May 31, 2002: COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) Contract with the listed agencies for an amount not to exceed the following: A. DA Village $ 36,838 B. Habitat for Humanity $ 20,250 C. REACH, Inc. $ 24,300 D. Communities in School $ 36,045 E. Southside Area Ministries (Sam's Kids) $ 6,324 F. Boys and Girls Clubs (NINOS) $ 27,200 G. Boys and Girls Clubs (KEYS) $ 25,510 H. Boys and Girls Clubs (PASS) $ 24,300 I. East Fort Worth Montessori $ 30,705 J. Latin Arts Association $ 25,000 K. Booker T. Sparks School of the Performing Arts $ 32,400 L. Bridge Emergency Youth Services $ 40,500 M. Stone Soup Connection $ 18,108 N. Camp Fire $ 24,300 (list continued next page) City of Fort Worth, Texas i elljor and cou"ll"R Communication DATE REFERENCE NUMBER LOG NAME PAGE 4/17/01 G-13207 I 13BLOCK 2 of 4 SUBJECT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) YEAR XXVII, EMERGENCY SHELTER GRANT (ESG) YEAR 2001-2002, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS HOPWA YEAR 2001-2002 CONTRACT ACTIVITIES O. YWCA of Fort Worth (AIM) $ 28,787 P. YWCA of Fort Worth (Child Care) $150,000 Q. Child Care Associates (formerly Day Care Association) $130,000 COMMUNITY DEVELOPMENT BLOCK GRANT R. Fort Worth Housing Authority $ 30,000 S. YMCA of Fort Worth $120,375 T. Clayton Child Care $ 60,000 U. Man Made Mentoring $ 22,500 V. Southside Area Ministries (Seniors) $ 2,570 W. Senior Citizens Services of Tarrant County (Como) $ 17,597 X. Meals on Wheels $ 33,696 Y. Senior Citizens Services of Tarrant County (Riverside) $ 15,271 Z. Mental Health Association (OMBUDSMAN) $ 17,500 AA. AMISTADES $ 17,100 BB. NSEAM $ 17,100 CC. Women's Center of Tarrant County $ 10,692 DD. Job, Inc. $100,409 EE. Fort Worth SER $ 99,071 FF. A-Prep Center of Tarrant County $ 98,415 GG. Summerbridge Fort Worth $ 37,500 (list continued next page) City of Fort Worth, Texas "avow and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 4/17/01 G-13207 I 13BLOCK 3 of 4 SUBJECT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) YEAR XXVII, EMERGENCY SHELTER GRANT (ESG) YEAR 2001-2002, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS HOPWA YEAR 2001-2002 CONTRACT ACTIVITIES HH. JMAC Youth Center of Tarrant County $ 25,000 II. Northside InterChurch Agency $ 35,815 JJ. Fort Worth Economic Development Corporation (Micro-Loan) $ 18,225 KK. Fort Worth Economic Development Corporation (RLF) $ 51,908 LL. Mental Health Association (Mental Health Advocate) $ 24,750 EMERGENCY SHELTER GRANT A. YWCA $ 15,000 B. Cornerstone Assistance Network $ 15,075 C. Presbyterian Night Shelter $151,308 D. Bridge Emergency Youth Services $ 7,862 E. Women's Haven of Tarrant County, Inc. $ 24,092 F. Salvation Army $ 9,730 G. MHMR of Tarrant County $ 12,500 H. YWCA (My Own Place) $ 21,993 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS A. AIDS Outreach Center, Inc. $432,550 B. Tarrant County Samaritan Housing, Inc. $212,470 C. AIDS Resources of Rural Texas—A.R.R.T. $ 74,720 City of Fort Worth, Texas "agar and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 4/17/01 G-13207 13BLOCK j 4 of 4 SUBJECT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) YEAR XXVII, EMERGENCY SHELTER GRANT (ESG) YEAR 2001-2002, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS HOPWA YEAR 2001-2002 CONTRACT ACTIVITIES DISCUSSION: On March 27, 2001, the City Council approved and adopted the budgets and the appropriation ordinance increasing estimated receipts and appropriations for the Twenty-Seventh Year Community Development Block Grant (CDBG), (2001-2002) Emergency Shelter Grant (ESG), and (2001-2002) Housing Opportunities for Persons with AIDS (HOPWA), as part of the City's Consolidated Plan. The Consolidated Plan, as adopted by the City Council, included program descriptions for each of the above funded programs. The above programs are consistent with the City's approved Community Development Plan and Priorities and meets the requirements of the Department of Housing and Urban Development regulations concerning "eligible activities". FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and receipt of funding from the U.S. Department of Housing and Urban Development, funds will be available in the current operating budget, as appropriated, of the Grants Fund. CB:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) p `' Charles Boswell 8511 APPROVED., Originating Department Head: CITY VO NUL Joe Paniagua 6168 (from) A.PR 17 2MV Additional Information Contact: p��l;trel Gih S�cratarp o(the Joe Paniagua 6168 Cj'V `"c'��Vr1OrUk'T*za2