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STATE OF TEXAS §
§
COUNTY OF TARRANT §
THIS contract ("Contract") is made and entered into by and between the City of Fort
Worth ("City"), whose address is 1000 Throckmorton St., Fort Worth TX 76102, acting by and
through Dale A. Fisseler, its duly authorized Assistant City Manager, and Friends of Old Fire
Station No. 10 ("FOFS 10"), whose address is 2804 Lipscomb, Fort Worth TX 76110, acting by
and through Harriet Waring, its duly authorized Board President. (Sometimes City and FOFS 10
are referred to individually as a"Party" and collectively as the "Parties").
WHEREAS, the City has received grant monies from the United States Department of
Housing and Urban Development (°HL7D") under Title I of the Housing and Community
Development Act of 1974, as amended (42 USC 5301 et seq.), for utilization in connection with
its Community Development Block Grant ("CDBG") Program utilizing reallocated funds from
Years X��, XX1V, XXV, and XXVI;
WHEREAS, one of the national objectives of the CDBG program is to benefit low and
moderate income citizens through area benefit activities (the "National Objective");
WII.EREAS, the assigned Catalog of Federal Domestic Assistance ("CFDA") for this
Federal program is number 14.218;
WHEREAS, the South Hemphill Heights Neighborhood was awarded $1.2 million in
federal grant funds as part of the 2005 Model Blocks Program competition to be used for
neighborhood revitalization in the South Hemphill Heights Model Blocks area;
WHEREAS, the South Hemphill Hei�hts Model Blocks Steering Committee designated
FOFS 10 as its authorized partner for implementation of certain neighborhood revitalization
activities utilizing a dedicated portion of South Hemphill Heights Model Blocks funds through a
Memorandum of Understanding ("MOU") which has been provided to City;
WHEREAS, City owns a historic building constructed in 1910 located at 2804 South
Lipscomb, Fort Worth, Texas 76110, commonly known as Old Fire Station No. 10, which it has
leased to FOFS 10; �
WHEREAS, City citizens and the� City Council have determined that neighborhood
revitalization is needed by City's low and moderate income citizens; and
WHEREAS, FOFS 10 will assist in the revitalization of the South Hemphill Heights
neighborhood by rehabilitating Old Fire Station No. 10 as set forth herein.
CDBG Contract
Friends of Old Fire Station No. 10.
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NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH:
THAT, the Parties covenant and agree as follows:
1. Scope of Services
a. FOFS 10 will implement part of the neighborhood revitalization strategy for the South
Hemphill Heights Model Blocks area by rehabilita.ting Old Fire Station No. 10 for use as
a community meeting place and site for activities and events that serve the low and
moderate income residents of the South Hemphill Heights neighborhood (the "Project").
The rehabilitation of Old Fire Station No. 10 will be in keeping with the comprehensive
revitalization strategy developed for the South Hemphill Heights Model Blocks area. .
b. The Project shall be completed in compliance with the terms of the lease between City
and FOFS 10 dated July 27, 2006 (the "Lease") attached hereto as EXHIBIT "E", the
MOU, and the terms of this Contract. In the event of a conflict between the Contract and
any other document, the terms of this Contract shall prevail.
c. The term of this Contract begins on the date of its execution and terminates two (2) years
thereafter except for any provisions relating to the fulfillment of the CDBG requirement
to meet the National Objective as hereinafter defined. This Contract may be extended or
renewed for an additional one (1) year term. FOFS10 shall request such extension in
writing and submit the request to City sixty (60) days prior to the end of the Contract
term. Any such extension must be in writing as an amendment to this Contract and
approved by the City Manager and his or her designee. It is specifically understood that
City has the sole discretion whether to approve or deny the request for extension of the
term of this Contract. If no request for extension is received prior to the expiration of the
term of this Contract, any unexpended CDBG Funds, as hereinafter defined, shall
automatically revert to City's CDBG Project Fund. In such event, this Contract is
deemed terminated.
d. FOFS 10 will contract with a qualified general contractor for the construction and
rehabilitation activities as described in Exhibit "A" - Project Summary in accordance
with Exhibit "C" - Project Time Line
e. The National Objective will be met through area benefit activities because Old Fire
Station No. 10 is located in a qualifying census tract and the activities conducted there
after the completion of the Project will benefit and serve the residents of the South
Hemphill Heights neighborhood. FOFS 10 specifically agrees that, after the completion
of the Project, it will provide activities benefiting low and moderate-income individuals;
to report the activities provided and to maintain full documentation supporting fulfillment
of this requirement in its files. All such documentation shall be furnished to City upon
request if necessary for City to fulfill its obligations under its Federal grant. If this
documentation is not maintained and fui7�ished to City on request, City may exercise all
remedies available to it under this Contract, including the right to withhold payment on
this Contract or any other contract with FOFS 10, or terminate this Contract as hereinafter
described.
CDBG Contract
Friends of Old Fire Station No. 10.
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f. All Project plans, specifications and work shall conform to all applicable Federal, state
and local laws, ordinances, rules and regulations. Approval of any plans and
specifications relating to the Project by City shall not constitute or be deemed (i) to be a
release of the responsibility or liability of FOFS10 or any of its contractors; their officers,
agents, employees and subcontractors, for the accuracy or the competency of the plans
and specifications, including, but not limited to, any related investigations, surveys,
designs, working drawings and specifications or other documents, or (ii) an assumption of
any responsibility or liability by City for any negligent act, error or omission in the
conduct or preparation of any investigation, surveys, designs, warking drawings and
specifications or other documents by FOFS 10 or any of its contractors; their officers,
agents, employees and subcontractors.
g. City will monitor and evaluate FOFS 10's performance using goals and performance
standards required in this Contract. Performance reviews will be conducted by City no
later than the end of the first year of this Contract and may conducted more frequently as
City's discretion. Project measures are contained in E�ibit "A" - Project Summary.
Substandard performance as determined by City will constitute non-compliance with this
Contract. If action to correct such substandard performance is not taken by FOFS 10
within a reasonable period of time after being notified in writing by City, procedures to
suspend or terminate the Contract will be initiated.
2. CompensatiofZ aftd Metlzod of Pavjnent
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b.
City will disburse CDBG Years XXIII, XXIV, XXV, and XXVI funds ("CDBG Funds")
in an amount up to ONE HUNDRED SEVENTY THOUSAND AND NO/100
DOLLARS ($170,000.00) to FOFS10 for eligible expenses for rehabilitation construction
costs on Old Fire Station No. 10 as more particularly described in Eghibit "A" — Project
Summary.
CDBG Funds shall be disbursed to FOFS10 in accordance with the City Housing
Department Disbursements Policy for CHDOs, Model Blocks and Subrecipients.
Payment will be processed by City following receipt from FOFS 10 of the following
monthly financial documents: (1) Attachment I- Sub-Grantee Request for Funds, (2)
Attachment II- Detail Statement of Costs, (3) Attachment III - Expenditures
Worksheet and Attachment IV — Monthly Narrative Report, Attachment IVa —
Beneficiary Performance Report and Attachment Nb — Beneficiary Performance
Report: Low Mod Area Benefit Activities, as applicable. Payment by City to FOFS 10
shall require completion of all City forms and copies of adequate supporting
documentation verifying the eligibility of expenses. No additional CDBG Funds shall be
disbursed without the required reports and documentation verifying and accounting for
previously disbursed CDBG Funds. Payment of eligible expenses shall be made against
the line item budget specified in Exhibit "C" - Project Budget and in accordance with
performance specified in Exhibit "B" - Project Activities and Schedule. Any
improvements for which CDBG Funds are used must pass inspection by City Housing
Department inspectors prior to any payment by City. FOFS 10 shall submit a completed
CDBG Contract Rev. 03-06-07
Friends of Old Fire Station No. 10. Page 3
c.
d.
e.
f.
inspection form evidencing such inspection along with Attachment I— Sub-Grantee
Request for Funds. City is under no obligation to disburse funds for expenditures that
occurred prior to the first day of the month for which the reports are submitted. Costs
eligible for payment may, in City's sole discretion, include certain costs directly related to
and in support of the Project, as verified by City, which were incurred prior to the
execution of this Contract.
FOFS 10 agrees to utilize all disbursed CDBG Funds exclusively for the benefit of the
Project. FOFS10 agrees that all CDBG Funds will be expended in accordance with
Exhibit "C" - Project Budget. FOFS10 may not increase or decrease line item amounts
in the approved CDBG Funds portion of Exhibit "C" - Project Budget without City's
prior written approval.
It is understood that the total CDBG Funds to be furnished for the Project is ONE
I1[TNDRED SEVENTY THOUSAND AND NO/100 DOLLARS ($170,000.00) and that
FOFS10 will obtain from other sources any additional funds required in excess of the
CDBG Funds detailed in Exhibit "C" - Project Budget that may be needed to complete
the Project. FOFS10 will notify City promptly of any additional funding it receives for
completion of the Project, and City reserves the right to amend Eghibit "C" - Project
Budget in such instances.
FOFS 10 agrees to keep all CDBG Funds 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 Project expenses. These amounts must be reported on the financial
statements filed pursuant to this Contract. Interest earned in excess of $25.00 per month
is subject to remittance to the Ciiy as directed by City.
FOFS 10 will not commingle CDBG Funds with any other funds in any manner that
would prevent City from readily identifying expenditures for completion of the Project.
3. Uniform Admi�zistrative Requirements and Proiect Mana,�enzent Standards
a. Financial Management
i. Accounting Standards
FOFS 10 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
FOFS10 shall complete the Project in conformance with OMB CircularA-122, "Cost
Principles for Non-Profit Organizations" and attachments and revisions thereto,
regarding principles for determining costs for the Project.
b. Documentation and Record Keeping
i. Requirement
FOFS 10 shall maintain all records pertinent to the activities to be funded under this
Contract required by HUD regulations specified in 24 CFR § 570.506. In addition,
CDBG Contract
Friends of Old Fire Station No. 10.
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FOFS10 agrees to keep records to fully document all expenditures charged to the
CDBG portion of the Project. The documentation must support the amounts charged
to Project and demonstrate that the expenditures were appropriate to the stated goals
of the Project and allowable under applicable Federal, state and City guidelines.
Copies of such documentation shall be furnished to City as needed to support request
for disbursements of CDBG Funds.
ii. Retention
(1) All records pertaining to the Project shall be retained for five (5) years following
the date of termination of this Contract. FOFS10 may destroy Project records at
the end of this five (5) year period if no outstanding audit finding exists.
(2) FOFS10 will retain Project loan recards, if any, until five (5) years after the
expiration of the loan.
iii. Property Records
FOFS 10 shall maintain real property inventory records which clearly identify
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properties purchased, improved, or sold with assistance of CDBG Funds, if any.
Properties retained shall meet eligibility criteria and shall conform to 24 CFR §
570.505.
Close Outs
FOFS 10'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 Project assets ( including the return of all unused
materials, equipment, unspent cash advances, program income balances, and accounts
receivable to City), and deternuning the custodianship of records.
Audits and Inspections
(1) City, HLTD, and the United States Comptroller General, or their respective
representatives, shall have access to any books, documents, records and papers
relating to the operations of FOFS 10 under this Contract for the purpose of audit,
examination, exception and transcription at all of FOFS 10's offices at all
reasonable hours.
(2) All non-federal entities that expend $500,000 or more in Federal funds within one
(1) year, regardless of the source of the Federal award, must submit to City an
annual audit prepared in accordance with 24 CFR Sections § 570.502-570.503
generally, with specific reference to OMB Circulars (with attachments) A-122,
"Cost Principles for Non-Profit Organizations", and A-133, "Audits of States,
Local Governments, and Non-Profit Organizations", as appropriate. The audit
may cover either FOFS 10'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 thiriy (30) days of
its completion. FOFS 10's audit certification is attached hereto as E�ibit D-
Audit Certification Form and Audit Requirements. The Audit Certification Form
must be submitted to City within sixty (60) days of the end of the period being
audited (FOFS 10's fiscal year). Costs of preparation of this audit may be an
CDBG Contract Rev. 03-06-07
Friends of Old Fire Station No. 10. Page 5
allowable expenditure of CDBG Funds in an amount proportional to that of the
CDBG Funds used in FOFS10's total agency operating budget. Non-profit
entities that expend less than $500,000 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, City, and General
Accounting Office ("GAO").
(3) City reserves the right to perform an audit of FOFS10's agency 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-133. FOFS10
agrees to allow access to all relevant books, records and materials. If such audit
reveals a questioned practice or expenditure, such questions must be resolved
within fifteen (15) days after notice to FOFS10. If questions are not resolved
within this period, City reserves the right to withhold further funding under this
andlor future contract(s) with FOFS 10.
(4) If as a result of any audit it is determined that FOFS 10 or ISLI have misused,
misapplied or misappropriated all or any part of the CDBG Funds, FOFS 10 agrees
to reimburse the City the amount of such monies so misused, misapplied or
misappropriated, plus the amount of any sanctions, penalty or other charge levied
against City because of such misuse, misapplication or misappropriation.
4. Reportin� Procedures
a. Program Income
FOFS 10 agrees that all program income from operation of the Project in proportion to the
amount of CDBG Funds received hereunder will be expended prior to expending CDBG
Funds and that any such program income is subject to the terms of this Contract. FOFS 10
may expend CDBG Funds only if program income is insufficient to meet all eligible
Project activity expenses. FOFS10 agrees to return to City at the end of the Contract any
remaining program income earned from operation of the Project in proportion to the
amount of CDBG Funds in Exhibit "A" - Project Summary and Exhibit "C" - Project
Budget.
b. Progress Reports
FOFS 10 will submit to City the following forms on a monthly basis: (1) Attachment IV
— Monthly Narrative Report, and as applicable, (2) Attachment IVa — Beneficiary
Performance Report or Attachment IVb — Beneficiary Performance Report: Low
Mod Area Benefit Activities, for services and activities undertaken by FOFS 10 in
performance of this Contract. These reports must be signed by a duly authorized agent of
FOFS 10 and submitted by the 15th of the month following the month that is reported.
City is under no obligation to disburse funds for expenditures that occurred prior to the
first day of the month for which the applicable report is submitted.
c. Procurement
i. Compliance
CDBG Contract
Friends of Old Fire Station No. 10.
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FOFS 10 shall comply with City policy concerning the procurement of services and
purchase of equipment and shall maintain inventory records of all non-expendable
personal properiy, as defined by such policy, procured with funds provided under this
Contract.
ii. OMB Standards
FOFS 10 shall procure all materials, property, or services in accordance with the
requirements of 24 CFR Part 84, Procurement Standards and Properly Management
Standards as modified by 24 CFR Part 570.502(b)(6), covering utilization and
disposal of property.
5. Reversion ofAssets
a. FOFS 10 agrees to return to City any CDBG Funds remaining on hand at the end of the
Contract.
b. All properly purchased with CDBG Funds under this Contract will be used solely for
completion of the Project. FOFS10 agrees to obtain City approval prior to purchase of
property and FOFS 10 agrees to notify City upon receipt of property so that it may be
properly tagged and inventoried. Title to such property will be vested in the City, and
FOFS 10 will deliver all such property to City for disposition, at City's sole discretion, at
the termination of the Project.
c. In the event FOFS 10 is dissolved, this Contract shall terminate. In the event this Contract
is terminated with or without cause, or for any reason whatsoever, all CDBG assets
including cash, interest payments thereon from loans or otherwise, all outstanding notes,
mortgages and other instruments to secure CDBG Funds shall belong to the City and shall
be transferred to the City or to such assignees as the City may designate.
d. Real properiy under FOFS 10's control that was acquired or improved, in whole or in part,
with CDBG Funds furnished under this Contract in excess of $25,000.00 shall be used to
meet one of the CDBG National Objectives until five (5) years after the expiration of this
Contract. If FOFS 10 fails to use CDBG-assisted real properly in a manner that meets a
CDBG National Objective for the prescribed time period, FOFS10 shall repay City the
CDBG Funds expended. FOFS 10 may retain real property acquired or improved under
this Contract after the expiration of the five (5) year period.
6. Lead Based Paint Requiremefzts
a. Any construction work performed with CDBG Funds under this Contract must be done in
accordance with H[JD regulations at 24 CFR Part 570. 608 as well as 24 CFR Part 35,
Subparts A, B, J, K and R.
b. All lead hazard inspection and abatement work performed under this Contract shall be
carried out by contractors and workers certified and trained under the Texas Department
of Health, Environmental Lead Branch. This includes inspectors, risk assessors,
abatement and hazard reduction contractors. All such firms, abatement supervisors,
contractors, risk assessors and workers must provide written verification to the City
CDBG Contract Rev. 03-06-07
Friends of Old Fire Station No. 10. Page 7
Housing Department's Lead Hazard Program documenting that they are certified and
trained as required by the laws and regulations of the State of Texas Department of
Health, Environmental Lead Branch.
c. FOFS 10 and all contractors shall comply with appropriate HUD and EPA regulations
regarding lead-based paint notification, disclosure, or work practices during lead hazard
control activities.
d. FOFS 10 and all contractors shall prohibit the use of open-flame burning, chemical
strippers containing methylene chloride, dry scraping, uncontained hydro blasting or
hydro washing, uncontained abrasive blasting, machine sanding without HEPA
attachments or heat stripping above 1100° F as work practices at anytime.
e. FOFS 10 and all contractors shall dispose of waste resulting from lead hazard control
activities in accordance with the requirements of the appropriate local, State and Federal
regulatory agencies. FOFS 10 or subcontractors must handle disposal of wastes from
hazard control activities that contain lead-based paint, but are not classified as hazardous,
in accordance with State or local law or the HUD Guidelines for the Evaluation and
Control of Lead-Based Paint Hazards in Housing.
f. The City's Housing Department will conduct a clearance, or final inspection, of all lead
hazaxd abatement work performed.
7. Applicable Laws
a. Federal
FOFS 10 agrees to comply with the following la��vs and the applicable regulations as they
are currently written or are hereafter amended during performance of this Contract:
• Regulations at 24 CFR Part 570 pertaining to CDBG ("CDBG Regulations" or
Regulations")
• Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.)
• Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.)
• Executiva Orders 11063, 11246, as amended by Executive Orders 11375 and 12086
and as supplemented by 41 CFR Part 60
• The Age Discrimination in Employment Act of 1967 (29 USC 621)
• The Age Discrimination Act of 1975 (42 USC 61 O 1 et seq.)
• Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part
8 where applicable
• The Americans with Disabilities Act of 1990
• Executive Order 11063, Executive Order 11246 as amended by Executive Orders
11375, 11478, 12107 and 12086.
• National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq.
("NEPA") and the related authorities listed 24 CFR Part 58
• The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of 1977,
as amended (33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part 50,
as amended from time to time, and Executive Order 1173 8. In no event shall any
CDBG Contract Rev. 03-06-07
Friends of Old Fire Station No. 10. Page 8
amount of the assistance provided under this Contract be utilized with respect to a
facility that has given rise to a conviction under the Clean Air Act or the Clean Water
Act
• Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) relating to
inspection, monitoring, entry, reports, and information, as well as other requirements
spelled out in Sections 114 and 308 and regulation and guidelines issued thereunder.
• Flood Disaster Protection Act of 1973 (42 USC 4001 et seq.)
• The Iininigration Reform and Control Act of 1986 (8 USC 1101 et seq.), specifically
including the provisions requiring employer verification of the legal status of its
employees
� The Housing and Community Development Act of 1987 (42 USC 5301 et seq.)
• The Americans with Disabilities Act of 1990 (42 USC 12101 et seq.)
• Drug Free Workplace Act of 1988 (41 USC 701 et seq.) and 24 CFR Part 23, Subpart
F
• Regulations as 24 CFR Part 87 related to lobbying, including the requirement that
certifications and disclosures be obtained from all covered persons
• Executive Order 12549 and 24 CFR Part 5.105 (c) pertaining to restrictions on
participation by ineligible, debarred, or suspended persons or entities.
• Regulations at 24 CFR Part 882.708 (c) pertaining to site and neighborhood standards
for new constructions projects
b. Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC
1701u et seq.) and its related regulations at 24 CFR Part 135
As the work to be performed under this Contract is on a project assisted under a program
providing direct Federal financial assistance from HLJD, Section 3 of 24 CFR 135.38
("Section 3") requires that the following clause be inserted in all covered contracts
("Section 3 Clause"):
"A. The work to be performed under this contract is subject to the requirements of section
3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u
(section 3). The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HLTD assistance or HLTD-assisted projects
covered by Section 3, shall, to the greatest extent feasible, be directed to low- and
very low-income persons, particularly persons who are recipients of HLTD assistance
for housing.
B. The Parties to this contract agree to comply with HUD's regulations in 24 CFR Part
135, which implement Section 3. As evidenced by their execution of this contract,
the Parties to this contract certify that they are under no contractual or other
impediment that would prevent them from complying with the Part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers
with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers'
CDBG Contract Rev. 03-06-07
Friends of Old Fire Station No. 10. Page 9
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representative of the contractor's commitments under this section 3 clause, and will
post copies of the notice in conspicuous places at the work site where both employees
and applicants for training and employment positions can see the notice. The notice
shall describe the Section 3 preference, shall set forth ininimum number and job titles
subject to hire, availability of apprenticeship and training positions, the qualifications
for each; and the name and location of the person(s) taking applications for each of
the positions; and the anticipated date the work shall begin.
The contractor agrees to include this section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR Part 135, and agrees to take appropriate
action, as provided in an applicable provision of the subcontract or in this Section 3
clause, upon a finding that the subcontractor is in violation of the regulations in 24
CFR Part 135. The contractor will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor has been found in violation
of the regulations in 24 CFR Part 135.
The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR
Part 135 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 CFR Part 13 5.
Noncompliance with HI_JD's regulations in 24 CFR Part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
With respect to work performed in connection with Section 3 covered Indian housing
assistance, section 7(b) of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450e) also applies to the work to be performed under this contract.
Section 7(b) requires that to the greatest extent feasible (i) preference and
opportuiuties for training and employment shall be given to Indians, and (ii)
preference in the award of contracts and subcontracts shall be given to Indian
organizations and Indian-owned Economic Enterprises. Parties to this contract that are
subject to the provisions of section 3 and section 7(b) agree to comply with Section 3
to the maximum extent feasible, but not in derogation of compliance with section
��b� »
City and FOFS 10 understand and agree that compliance with the provisions of
Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and
orders of HUD shall be a condition of the Federal financial assistance provided to the
Project, binding upon City and FOFS10, and their respective successors, assigns and
contractors. Failure to fulfill these requirements shall subject FOFS10 and its
contractors, and their respective 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 Part 135.
c. Other Laws
CDBG Contract
Friends of Old Fire Station No. 10.
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FOFS10 covenants and agrees that its officers, members, agents, employees, Project
participants and contractors shall abide by and comply with all other laws, Federal, state
and local, relevant to the performance of this Contract, including all applicable Ciiy
ordinances, rules and regulations and Title I of Housing and Community Development
Act of 1974 (43 USC 5301 et seq.), as amended, and the Community Development Block
Grant Entitlement Program Regulations, as amended, (24 CFR Part 570 et seq.). FOFS 10
further promises and agrees that it has read, and is familiar with, terms and conditions of
the Community Development Block Grant under which CDBG Funds are granted,
including but not limited to any applicable provisions of the CDBG Regulations, and that
it will fully comply with them. It is agreed and understood that, if City notifies FOFS 10
of any such violation on the part of FOFS 10 or any of its officers, members, agents,
employees, Project participants or contractors, then FOFS10 shall immediately desist
from and correct such violation.
d. Labor Standards
i. FOFS 10 agrees 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 and Safety
Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local
laws and regulations pertaining to labor standards insofar as those acts apply to the
performance of this Contract. FOFS 10 agrees to comply with the Copeland Anti-Kick
Back Act (18 U.S.C. 874 et seq.) and it's implementing regulations of the U.S.
Department of Labor at 29 CFR Part 5. FOFS 10 shall maintain documentation that
demonstrates compliance with hour and wage requirements of this Contract and CDBG
Regulations. Such documentation shall be made available promptly to City for review
upon request.
ii. FOFS 10 agrees that, except with respect to the rehabilitation or construction of residential
property containing less than eight (8) units, all contractors engaged under contract in
excess of $2,000.00 for construction, renovation or repair work financed in whole or in
part with assistance provided under this Contract, shall comply with Federal requirements
adopted by City pertaining to such contracts and with the applicable requirements of the
regulations of the Department of Labor under 29 CFR Parts 1,3,5 and 7 governing the
payment of wages and ratio of apprentices and trainees to journey workers; provided that,
if wage rates higher than those required under these regulations are imposed by state or
local law, nothing hereunder is intended to relieve FOFS 10 of its obligation, if any, to
require payment of the higher wage. FOFS 10 shall cause or require to be inserted in full,
in all such contracts subject to such regulations, provisions meeting the requirements of
this paragraph.
8. Nondiscritnination
a. FOFS 10 will not unlawfully discriminate against any person or persons because of sex,
race, religion, age, disability, color, national origin, or familiar status, nor will FOFS 10
CDBG Contract Rev. 03-06-07
Friends of Old Fire Station No. 10. Page 11
permit its officers, members, agents, employees, contractors or Project participants to
engage in such discrimination.
b. FOFS 10 covenants that neither it nor any of its officers, members, agents, employees,
Project participants or contractors, while engaged in performing this Contract, shall, in
connection with the employment, advancement or discharge of employees or in
connection with the �erms, 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. FOFS 10 further covenants that neither it nor any of its officers, members, agents,
employees, Project participants or contractors 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"), FOFS10 warrants that it and any and all of its contractors 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 FOFS 10, or employees of FOFS 10 or any of its contractors. FOFS 10
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 contractors against
City arising out of FOFS 10's and/or its contractors' alleged failure to comply with the
above-referenced laws concerning disability discrimination in the performance of this
Contract.
e. This Contract 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, and FOFS 10 hereby covenants and agrees that FOFS 10, its officers,
members, agents, employees and contractors, have fully complied with all provisions of
same and that no employee, employee-applicant or Project participant has been
discriminated against by the terms of such ordinances by either the FOFS 10 or its
officers, members, agents, employees or contractors.
9. Prolzibitio�a A,�aitzst 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 Project is situated; and no other public official
of such localiiy or localities, who exercises any functions or responsibilities with respect
to the Proj ect funded hereunder during his or her tenure or for one (1) year thereafter,
shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds
thereof, for wark to be perfonned hereunder. FOFS 10 shall incorporate, or cause to be
incorporated, like language prohibiting such interest in all contracts and subcontracts
entered into in connection with the Project.
CDBG Contract Rev. 03-06-07
Friends of Old Fire Station No. 10. Page 12
b. No member, officer, employee, or Project participant of FOFS10 or its contractors shall
have a financial interest, direct or indirect, in this Contract or the CDBG Funds
transferred hereunder or be fmancially interested, directly or indirectly, in the sale to
FOFS 10 of any land, materials, supplies or services puxchased with CDBG Funds
transferred hereunder, except on behalf of FOFS 10, as an officer, employee, member ar
Project participant. Any willful violation of this paragraph with the expressed or implied,
knowledge of FOFS 10 or its contractors shall render this Contract voidable by the City.
10. MinoritV and Wometz Business Eftterprise Commitment
FOFS 10 agrees to abide by the City's policy to involve Minority and Women Business
Enterprises ("MWBEs") in all phases of its procurement practices and to provide them an
equal opporlunity to compete for contracts for construction, provision of professional
services, purchase of equipment and supplies and provision of other services required by
City. FOFS10 agrees to incorporate City Ordinance No. 15530, 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 MWBEs Policy.
11. Non AssiQfzment
No assignment or delegation of duties under this Contract by FOFS 10 shall be effective
without City's prior written approval. Any purported assignment or delegation of duties
without such approval will be a breach of this Contract and void in all respects.
12. Independent Costtractor
a. FOFS 10 shall operate hereunder as an independent contractor and not as an off'icer, agent,
servant or employee of City. FOFS10 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, contractors, Project participants, licensees or
invitees. The doctrine of respondeat superior shall not apply as between City and
FOFS10, its officers, members, agents, servants, employees, contractors, Project
participants, licensees or invitees, and nothing herein shall be construed as creating a
partnership or joint enterprise between City and FOFS10. It is expressly understood and
agreed that no officer, member, agent, employee, contractor, licensee or invitee of
FOFS10, nor any Project 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
FOFS10, its officers, members, agents, employees, contractors, Project participants,
licensees or invitees.
b. City shall in no way nor under any circumstances be responsible for any property
belonging to FOFS10, its officers, members, agents, employees, contractors, Project
participants, licensees or invitees, which may be lost, stolen, destroyed or in any way
CDBG Contract Rev. 03-06-07
Friends of Old Fire Station No. 10. Page 13
damaged; _ and FOFS 10 hereby indemnifies and holds harn�less City and its officers,
agents, and employees from and against any and all claims or suits.
13. bademtaifcation and Release
FOFS10 COVENANTS AND AGREES TO INDEMNIFY, HOLD HAFZNLi�ESS 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 HIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE
OPERATIONS, ACTIVITIES A.ND SERVICES OF THE PROJECT 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 FOFS10 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 DA.MAGE AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER
KINDS OR C�iARACTER, 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 PROJECT DESCRIBED HEREIN, WI�ETHER OR NOT CAUSED IN WHOLE
OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS OR SUBC4NTRACTORS OF CITY. FOFS10
LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY
AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY,
DAM�GE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN
CONNECTION WITH ALL ACTS OR OMISSIONS OF FOFS10, ITS OFFICERS,
MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
INVITEES, LICENSEES, OR PROJECT PARTICIPANTS, OR CAUSED, IN WHOLE
OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH FOFS10 AND CITY,
THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION INCLUDES
INDEMNITY BY FOFS10 TO INDEMNIFY AND PROTECT CITY FROM THE
CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT
NEGLIGENCE IS ALLEGED TO BE THE SOLE OR CONCURRING CAUSE OF
THE INJURY, DAMAGE OR DEATH.
CDBG Contract Rev. 03-06-07
Friends of Old Fire Station No. 10. Page 14
FOFS10 AGREES TO AND SIIALL RELEASE CITY, ITS AGENTS, EMPLOYEES,
OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR
INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED
IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS
CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY
THE CITY'S SOLE OR CONCURRENT NEGLIGENCE.
FOFS10 SHAI.L REQUIRE ALL OF ITS CONTRACTORS TO INCLUDE IN THEIR
CONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF THE CITY IN
SUBSTANTIALLY THE SAME FORM AS ABOVE.
14. Insurance and Botzditzg
a. FOFS 10 will maintain blanket fidelity coverage in the form of an insurance bond in the
amount of $30,000.00 or more to insure against loss from the fraud, theft or dishonesty of
any of FOFS 10's officers, agents, trustees, directors or employees. The proceeds of such
bond shall be used to reimburse City for any and all loss of CDBG Funds 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 use and benefit of FOFS 10.
b. FOFS 10 shall fut7lish to 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. FOFS 10 shall
maintain the following coverages and limits thereof:
i. Commercial General Liability Insurance
$500,000 each occurrence
$1,000,000 aggregate limit
ii. Business Automobile Liability Insurance
$1,000,000 each accident on a combined single-limit basis, or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
$2,000,000 Aggregate
Insurance policy shall be endorsed to cover "Any Auto".
Pending availability of the above coverage and at the discretion of FOFS 10, the policy
shall be the primary responding insurance policy versus a personal auto insurance
policy if or when in the course of FOFS 10's business as contracted herein.
iii. Directors and Officers Insurance
Optional (Highly Recommended)
Note: This insurance shall cover FOFS 10 and any associated Board of Directors
members.
CDBG Contract Rev. 03-06-07
Friends of Old Fire Station No. 10. Page 15
c.
�
e.
f.
iv. Workers' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
$100,000 each accident
$100,000 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, and rehabilitation. FOFS 10 or
its contractors shall maintain such coverage. In the event FOFS10's contractors do
not maintain such coverage, FOFS 10 shall maintain the coverage on such contractors
for each applicable contract.
Additional Requirements
Such insurance amounts shall be revised upward at City's option and FOFS 10 shall revise
such amounts within tl�irty (30) days following notice to FOFS10 of such requirements.
FOFS 10 will submit to City documentation 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) day's notice of cancellation, non-renewal, and/or material change in policy
terms or coverage. Insurance policies required herein shall be endorsed to include the
Ciiy as an additional insuxed as its interests may appear. Additional insured parties shall
include City employees, officers, agents, and volunteers. 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 City.
Any failure on part of the City to request certificate(s) of insurance shall not be construed
as a waiver of such requirement or as a waiver of the insurance requirements themselves.
Insurers of FOFS 10'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 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 City. Deductible limits on insurance policies shall not
exceed $5,000 per occurrence unless otherwise approved by City.
Any local, federal or other regulatory insurance or bonding requirements for the Project
that exceed those specified herein shall prevail.
FOFS 10 shall agree to require its contractors to maintain applicable insurance coverages,
limits, and other requirements as those specified herein; and, FOFS 10 shall require its
contractors to provide FOFS 10 with certificate(s) of insurance documenting such
coverage. Also, FOFS 10 shall require its contractors to have City and FOFS 10 endorsed
as additional insured (as their interests may appear) on their respective insurance policies.
FOFS 10 shall require its contractors 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 City.
CDBG Contract
Friends of Old Fire Station No. 10.
°_ , � �i'���= ��. � -:��� : Rev. 03-06-07
'���j�% ,J,'S`'�i``;;' Page 16
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15. Waiver ofhnmunitv
If FOFS 10 is a charitable or nonprofit organization and has or claims an immuniiy or
exemption (statutory or otherwise) from and against liability for damages or injury, including
death, to persons or property; FOFS 10 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 i_mmunities under constitutional, statutory or common law.
16. Termination
a. In addition to, and not in substitution for, other provisions of this Contract 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 that this Contract is wholly conditioned upon the actual
receipt by City of Federal funds under its CDBG grant; that all monies distributed to
FOFS 10 hereunder shall be exclusively from Federal monies received under said grant
and not from any other monies of City; and that if such funds under City's grant are not
timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this
Contract and City shall not be liable for payment for any work or services performed by
FOFS 10 under or in connection with this Contract.
b. City may temlinate this Contract whenever such tennination is determined to be in City's
best interest, in event of FOFS 10'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 FOFS 10's program operations. City may terminate this Contract if
non-CDBG funds included in the Operating Budget are not forthcoming to FOFS 10
during the Contract term.
d. CDBG Funds provided hereunder may not be used as collateral for loans to FOFS 10 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 FOFS 10, specifying the portions of the
Contract affected and the effective date of termination. Upon FOFS 10's receipt of such
termination notice, FOFS 10 will:
• Stop work under the Contract on the date and to the extent specified by City;
• Cease expenditures of CDBG Funds, 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 being terminated.
f. FOFS 10 will return to City any unused CDBG Funds previously advanced by City under
this Contract within thiriy (30) days of the effective date of Contract termination. City
will have no responsibiliiy or liability for FOFS 10's expenditures or actions occurring
after the effective date of Contract termination.
CDBG Contract Rev. 03-06-07
Friends of Old Fire Station No. 10. Page 17
17. Ceriificatioiz Re,�ardin� Lobbyitz�
a. The undersigned representative of FOFS 10 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 FOFS 10, to any person for influencing or attempting to influe�ce 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. FOFS 10 shall require that the language of this certification be included in all
contracts 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,
FOFS 10 shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying" in accordance with its instructions.
c. This certification is a material representation of fact upon which reliance was placed
when this Contract was made or entered into. Submission of this certificate is a
prerequisite for making or entering into this Contract imposed by 31 USC Section 1352.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000.00 and no more tha.n $100,000.00 for each such failure.
18. Miscellaneous Provisions
a. All terms of this Contract shall apply to any and all contractors of FOFS 10 who are in any
way paid with CDBG Funds or who perform any work in connection with FOFS 10's
Proj ect.
b. The provisions of this Contract are severable, and, if for any reason a clause, sentence,
paragraph or other part -of this Contract shall be determined to be invalid by a court or
Federal or state agency, board or com.m.ission having jurisdiction over the subject matter
thereof, such invalidity shall not affect other provisions which can be given effect without
the invalid provision. .
c. City's failure to insist upon the performance of any term or provision of this Contract 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, FOFS l Ose out of the
execution, performance, attempted performance or nonperformance of this Contract,
venue for said action shall lie in Tarrant County, Texas.
e. This written instrument and the e�ibits attached hereto, which are incorporated by
reference and made a part of this Contract for all purposes, constitute the entire agreement
CDBG Contract Rev. 03-06-07
Friends of Old Fire Station No. 10. Page 18
between the Parties 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.
f. All notices required or permitted by this Contract must be in writing and are deemed
delivered on the earlier of the date actually received or the third day following (i) deposit
in a United States Postal Service post office or receptacle; (ii) with proper postage
(certified mail, return receipt requested); and (iii) addressed to the other Party at the
address set out in the preamble of this Contract ar at such other address as the receiving
Pariy designates by proper notice to the sending Pariy.
g. None of the performance rendered under this Contract shall involve, and no portion of the
CDBG Funds received hereunder shall be used, directly or indirectly, for the construction,
operations, maintenance or administration of any sectarian or religious facility or activity,
nor shall said performance rendered or funds received be utilized so as to benefit, directly
or indirectly, any such sectarian or religious facility or activity.
h. FOFS 10 represents that it possesses the legal authority, pursuant to any proper,
appropriate and official motion, resolution or action passed or taken, to enter into this
Contract and to perform the responsibilities herein required.
i. FOFS 10 certifies that it has obtained a 501 (c) (3) Certificate from the Internal Revenue
Service. FOFS 10 shall notify City in writing of any changes to its 501 (c) (3) t�-exempt
status during the term of tlus Contract.
[SIGNATURES APPEAR ON FOLLOWII�tG PAGE]
CDBG Contract Rev. 03-06-07
Friends of Old Fire Station No. 10. Page 19
IN WITNESS WHEREOF, the Parties have executed this Contract in duplicate originals in
Fort Worth, Tarrant County, Texas, this 3���^- day of l�� t1 , 2007.
CITY OF FORT WORTH
� � �-
By:
Dale A. Fisseler
Assistant City Manager
APPROVED AS TO FORM AN LEGALITY;
'1� ,c,�—�.5.
Assistant City Attorney
STATE OF TEXAS
COUNTY OF TARRANT
FRIENDS OF OLD FIRE STATION
NO. 10
By: r� �-...,
D utherland, Board President
ATTEST:
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City Secr � _ r
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Date
This instrument was acknowledged before me on �l�C{�j � G� , 2007 by Dale
A. Fisseler, the Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort
Worth. �..��.,.;..,., .�y�p����,.����c
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l ANA I_. BF21SEiV0
,�, r�otary vuniic, Stalo of Texas Notary Public, State of Texas
My Commission Fxpires
` March �i, 2011
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on ,5 —?J %— , 2007 by Doug
Sutherland, Board President of Friends of Old Fire Station No. 10, a Texas non-profit
corporation, on behalf of said corporation.
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��,� otary Public, State of Texas
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CDBG Contract
Friends of Old Fire Station No. 10.
_ _ _ , . Rev. 03-06-07
� �, ,: L����� r j? Page 20
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1
EXHIBIT "A"
PROJECT SUMMARY
SCOPE OF WORK
Friends of Old Fire Station No. 10
on behalf of
South Hemphill Heights Model Blocks Program
DESCRIPTION:
Friends of Old Fire Station No. 10 ("FOFS10") will contract with a general contractor to
pei•form rehabilitation work on the historic �re station located at 2804 South Lipscomb to
make improvements so that the facility can be used as a location for community-based events
serving the low and moderate income population of the South Hemphill Heights neighborhood
and immediate surrounding area. The improvements to be made will include the following:
• New HVAC equipment to include miscellaneous steel and mechanical equipment
• Window screen preparation and replacement
• Plumbing upgrade
• Electrical and service upgrades
As applicable, this rehabilitation construction project will be eligible for City Neighborhood
Empowerment Zone basic incentives, including fee waivers.
The Contract period begins on the date of execution and ends two years thereafter. The
Contract may be extended for an additional one year term.
PROJECT OBJECTIVES:
To rehabilitate, renovate and make improvements to the Old Fire Station No. 10 building as
described above.
To sponsor community events in the year following the completion of the Old Fire Station No.
10 Project.
PROJECT MEASURES: Estimated Budget
2007
• Set up and maintain reporting and
accounting systems
• Acquire insurance
• Submit monthly reports according
to contract
$170,000
TOTAL PROJECT BUDGET $170,000
Exhibit "B"
PROJECT BUDGET
Fire Station No. 10 Rehabilitation Project -- 2804 South Lipscomb
Cost Item CDBG Funds
Amount:
Tlais Co�ztract
PROJECT COSTS
HVAC Equipment / Miscellaneous Steel $3,500
Mechanical Equipment - $11.25/ft. $69,000
Window Screens $9,000
Screen Preparation $7,000
Plumbing $10,000
Electrical Upgrades - $4.50/ft. $27,000
Service Upgrade $15,000
General Conditions — 8% $11,240
Profit and Overhead — 8% $11,240
Bond — 2% $2,810
Construction Contingency — 5% $4,010
TOTAL �170,000
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EXHIBIT "D"
INDEPENDENT AUDIT REQUII2EMENT
BUSINESS/AGENCY NAME: SOUTH HEMPHILL HEIGHTS MODEL BLOCK/
FRIENDS OF OLD FIRE STATION No. 10
PROJECT: MODEL BLOCKS
AMOUNT FUNDED: $170,000 (CDBG YEAR: XXX)
Name of Independent Auditor who will perform agency audit:
Date audit is to be performed:
(Independent Auditor)
(Month and Year)
The following language is a condition of your contract with the City:
All non-federal entities that expend $500,000 or more in federal funds within ane year, regardless
of the source of the Federal award, must submit to City an annual audit prepared in accordance with
specific reference to OMB Circular A-133. 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 bv an
independent certified �ublic accountant be completed within (12) months followi� the end of the period
bein� audited and be submitted to CitY within thi�-ty (30) davs of its completion. Cost of preparation of
this audit may be an allowable expenditure of federal funds in an amount proportional to that of the
federal funds used in contractor's total agency operating budget
S ignature
Date
**The contractor does not meet the $500,000
Threshold**
Attachment I
CITY OF FORT WORTH
HOUSING DEPARTMENT
SUBGRANTEE'S REQUEST FOR FUNDS
Agency
Program Name: Friends of Old Fire Station No. 10
(rehabiliation project)
South Hemphill Heighu Model Block Contract Number: Report Period:
Contract Amount: $170,000
Date of Request:
SECTION I (AGENCI7 . . - , Current Month _ - ; Cumulative
CASH BALANCE ANALYSIS FOR
l. Beginning Cash Balance $
$
2. Amount Received:
Program Tncome $ $
City of Fort Worth $ $
Interest Eamed $ ' $
3. Total Funds Available (1 + 2) $ $
4. Less Expenditure (detail statement cost) $ $
5. ENDING CASH BALANCE (3-4) $ $
_ '_ 0perating Cost ' - - - _ _ _ �
6. Estimated Expenditures $
7. Funds Needed (6-5) $
8. Less Estimated Program Income $
9. Unpaid Request for Payment Previously Submitted $
10. Amount of This Request (7-8 & 9) $
TOTAL �MOUNT-REQUESTED = ., .:; _ �- � � ;; :` � - . _ _. �.�
SECTION II (CIT� _ , _. =_ � -
I. MARS - Purchasing Request
A. MARS INPUT: Vendor/PO Number/Requisition Number
B. Fund/AccountlCenter
C. Total Amount of this Request
�SECTION III ` - �_ _ . - - _ : -
1. Verification
A. Development Project
Coordinator / /
(Namc)
B. Contract Compliance:
(Name)
C. Accounting:
(iJame)
2. Authorization
A. Agency:
(Namc)
B. Mgmt & Budget
Administrator
(Namc)
Housing Director / /
IF OVER 56,500.(10 (Name)
Attachment II
CITY OF FORT WORTH
HOUSING DEPARTMENT
MANAGEMENT AND BUDGET DIVISION
DETAIL STATEMENT OF COSTS
South Hemphill Heights Model Block CONTRACT NO. DATE
AGENCY
Friends of Old Fire Station No. 10 (rehabilitation project) TO
PROGRAAT REPORT PERIOD
PROGRAM MONTHLY UMULATIVE
COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE
TOTAL
Subrecipient Certification: I certify that the costs incurred are taken from the books of accounts and that such costs are valid
and consistent with the terms of the agreement.
SIGNATURE and DATE
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Attachment III
CITY OF FORT WORTH
HOUSING DEPARTMENT
MANAGEMENT AND BUDGET DNISION
EXPENDITURES WORKSHEET
South Hemphill Heights Model Block CONTRACTNO. DATE
AGENCV
Friends of Old Fire Station No. 10 (rehabilitation project) TO
PROGRAM REPORTPERIOD
CHECK
NO. DATE # PAYEE DESCRIPTION ACCOUNT NO. AMOUNT
1
2
3
4
5
6
7
8
9
10
11
12
13
]4
IS
16
17
18
TOTAL -
Sub-Recipient Cer[ification: I certify that the costs incurred are taken from the books of accounts and that such costs are valid
and consistent with the terms of the agreement.
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
Attachment IV
Fort Worth Housing Department
Housing Project
Monthly Narrative Report
For Reporting Period to
ACCOMPLISHMENTS
2. PROBLEMS ENCOUNTERED AND SOLUTIONS PROPOSED
ANTICIPATED ACTIVITIES DURING NEXT MONTH
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Attachment IVb
CITY OF FORT WORTH HOUSING DEPARTMENT
BENEFICIARY PERFORMANCE REPORT:
LOW MOD AREA BENEFIT ACTIVITIES
Census Tract Number Block Group Number Total Persons Total Low/Moderate
Income Persons
Is this project in a Brownfield area as designated by the City Environmental
Management Department? Yes No
Has this project caused the displacement of any residents? Yes No
Is this project located in a Local Target Area (Model Blocl�.s, etc.)?
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/28/2006
DATE: Tuesday, November 28, 2006
LOG NAME: 05SOHEMPFS#10 REFERENCE NO.: **C-21852
SUBJECT:
Award a Contract for $170,000 in Community Development Block Grant Funds to Friends of Old
Fire Station No. 10 for Rehabilitation of the Historic Fire Station No. 10 at 2800 South Lipscomb, as
Part of the South Hemphill Heights Model Blocks Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager or his designee to execute a contract with Friends of Old Fire Station No. 10,
a neighborhood based 501(c) organization, for $170,000 in Community Development Block Grant (CDBG)
funds to rehabilitate the historic fire station located at 2800 South Lipscomb Street in the South Hemphill
Heights neighborhood;
2. Authorize the contract performance period to begin on the date of contract execution and end 24 months
thereafter; and
3. Authorize the City Manager to, if necessary, amend or extend the contract for a period of up to 12
months if requested by the non-profit and provided that such amendment or extension is compatible with
the goals of the South Hemphill Heights Model Blocks program and in compliance with applicable laws and
regulations.
DISCUSSION:
On February 7, 2006 City Council approved M&C G-15083 allocating $1,200,000 in federal grant funds to
the South Hemphill Neighborhood for its Model Blocks program. The Model Blocks plan for this
neighborhood includes rehabilitation and improvements for Fire Station No. 10, located at 2800 South
Lipscomb, for use as a center for community activities such as neighborhood meetings, information and
health fairs, and programs for children and senior citizens. The neighborhood has requested that $170,000
of its Model Blocks grant be awarded to the Friends of Old Fire Station No. 10 non-profit organization to
implement this rehabilitation program and coordinate future activities held in the building.
Old Fire Station No. 10 is a historic building, constructed in 1910 and still owned by the City of Fort
Worth. On April 25, 2006 City Council approved M&C C-21411, authorizing the City Manager to execute a
ten-year lease agreement with Friends of Old Fire Station No. 10, a qualified non-profit organization.
Construction and improvements to the building will include improvements to plumbing, electrical,
mechanical (heating and air conditioning), and window screens. As required by HUD regulations governing
CDBG funds, the non-profit will ensure that contractors for the project will follow Davis-Bacon guidelines for
wage rates and reporting requirements. Old Fire Station No. 10 is located in a CDBG-eligible area, with
70.3 percent of residents in the immediate neighborhood who are low or moderate income.
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 6/21/2007
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of
the Grants Fund.
TO Fund/AccountlCenters
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
GR76 539120 005206112700 294.21
GR76 539120 005206132330 $17,134.84
GR76 539120 005206127380 $37,105.45
GR76 539120 005206122640 $115,465.50
Dale Fisseler (6140)
Jerome Walker (7537)
Barbara Asbury (7331)
Charlie Price (7381)
http://www. cfwnet. org/council�acket/Reports/mc�rint. asp 6/21 /2007