HomeMy WebLinkAboutContract 50175-A1CITY SECRETARY
Co 'JTRACT NO,
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 50175
This amendment ("Amendment") is entered into between the City of Fort Worth
and Fort Worth Area Habitat for Humanity d/b/a Trinity Habitat for Humanity by and
through their respective duly authorized representatives.
WHEREAS, the Ciry of fort Worth (hereafter "City") and Fort Worth Area Habitat for
Humanity d/b/a Trinity Habitat for Humanity (hereafter "Agency") made and entered into City
Secretary Contract No. 50175 (hereafter "Contract");
WHEREAS, the Contract provides funding to Agency pursuant to a grant received by
City from the United States Department of housing and Urban Development ("HUD") through
the Community Development Block Grant Prograin ("CDBG"), Program No. B47-MC-48-0010,
Catalog of Federal Domestic Assistance No. 14-218 for the Agency's Preserve A Home Program
(hereafter "Program");
WHEREAS, the original term of the Contract was for fifteen (15) months, beginning
January 1, 2018, and ending March 31, 2019;
WHEREAS, the City Council authorized the City Manager or his designee to extend the
contract with up to a six month extension if Agency requests an extension and such extension is
necessary to meet program objectives (M&C C-28459);
WHEREAS, Agency requested a six (6) month extension to expend remaining CDBG
Funds in the Amount of 1)164,317.41 to complete program objectives;
WHEREAS, the City and Agency agreed that the Contract would be extended for an
additional six months and the parties continued to operate under the same terms and conditions;
NOW, THEREFORE, City and Agency, acting herein by the through their duly
authorized representatives, agree to amend the Contract, as follows:
I.
Section 3. TERM of the Contract shall be replaced in its entirety with the following:
The term of this Contract begins on the Effective Date and terminates on September 30,
2019, unless earlier terminated in accordance with the Contract.
Section 5.2.4 Payment of CDBG Funds to Agency shall be replaced in its entirety with
the following:
CDBG Funds will be disbursed to Agency upon Ciry's approval of Reimbursement
Requests including submission of Complete Documentation to City in compliance with Section 9.
If Agency expends all funds budgeted for the Program prior to September 30, 2019, City may
hold back a small amount of the CDBG Funds until the end of the term. During this interim
Amendment No. 1 to City Secretary Contract No. 50175 Page 1
Trinity Habitat for Humanity — Preserve A Home Program Date 4-1 2019
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period, Agency must continue to submit Attachment III 0 Client Data Report in EXHIBIT "D" —
Reimbursement Forms monthly. It is expressly agreed by the Parties that any CDBG Funds not
spent or approved for reimbursement to Agency shall remain with City.
Section 7.3.1 shall be replaced in its entirety with the following:
Agency understands and agrees that it will be subject to monitoring by City for
compliance with terms and provisions of this Contract and the CDBG Regulations for the term of
this Contract. Agency is subject to such monitoring during the term of this Contract and for 5
years after the Contract tern ends. Agency will provide reports and access to Program files as
requested by City during this 5 year period. For purposes of this Contract, this 5 year period for
monitoring is deemed to begin on the Effective Date of this Contract and end on September 30,
2024 regardless of whether or not this Contract is earlier terminated.
Section 8.1 Record Keeping shall be replaced in its entirety with the following:
Agency shall maintain arecord-keeping system as part of its performance of this Contract
and shall promptly provide City with copies of any document City deems necessary for the
effective fulfillment of City's monitoring and evaluation responsibilities. Specifically, Agency
will keep or cause to be kept an accurate record of all actions taken and all funds spent, with
supporting and back-up documentation. Agency will maintain all records and documentation
related to this Contract for 5 years after the Contract term ends. If any claim, litigation, or audit is
initiated before the expiration of the 5 year period, relevant records and documentation must be
retained until all such claims, litigation or audits have been resolved. For purposes of this
Contract, this 5 year period for monitoring is deemed to begin on the Effective Date of this
Contract and end on September 30, 2024 regardless of whether or not this Contract is earlier
terminated.
Section 8.5.2 City Reserves the Right to Audit shall be replaced in its entirety with the
following:
City reserves the right to perform an audit of Agency's Program operations and finances
at any time during the term of this Contract and for 5 years after the Contract term ends if City
determines that such audit is necessary for City's compliance with the CDBG Regulations or
other City policies. Agency agrees to allow access to all pertinent materials as described herein
for such audit. For purposes of this Contract, this 5 year period for City audit is deemed to begin
on the Effective Date of this Contract and end on September 30, 2024 regardless of whether or
not this Contract is earlier terminated. If such audit reveals a questioned practice or expenditure,
such questions must be resolved within 15 business days after notice to Agency of such
questioned practice or expenditure. If questions are not resolved within this period, City reserves
the right to withhold further funding under this Contract and/or any other contracts with Agency.
IF AS A RESULT OF ANY AUDIT IT IS DETERMINED THAT AGENCY HAS FALSIFIED
ANY DOCUMENTATION OR MISUSED, MISAPPLIED OR MISAPPROPRIATED CDBG
FUNDS OR SPENT CDBG FUNDS ON ANY INELIGIBLE ACTIVITIES, AGENCY AGREES
TO REIMBURSE CITY THE AMOUNT OF SUCH MONIES PLUS THE AMOUNT OF ANY
SANCTIONS, PENALTY OR OTHER CHARGE LEVIED AGAINST CITY BY HUD
BECAUSE OF SUCH ACTIONS.
Amendment No. 1 to City Secretary Contract No. 50175 Page 2
Trinity Habitat for Humanity — Preserve A Home Program Date: 4-1-2019
Section Ia. SURVIVAL shall be replaces in its entirety with the following:
Any provision of this Contract that pertains to auditing, monitoring, client income
eligibility, record keeping and reports, City ordinances, or applicable CDBG requirements, and
any default and enforcement provisions necessary to enforce such provisions, shall survive the
termination of this Contract for 5 years after the Contract term ends and shall be enforceable by
City against Agency. For purposes of this Contract, this 5 year period for survival of certain
Contract provisions is deemed to begin on the Effective Date of this Contract and end on
September 30, 2024 regardless of whether or not this Contract is earlier terminated.
Amendment No. 1 to City Secretary Contract No. 50175 Page 3
Trinity Habitat for Humanity — Preserve A Home Program Date: 4-1-2019
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this
1 ST day of April, 2019,
CITY OF FORT WORTH:
BY:
Fernando Costa
Assistant City Manager
DATE: !! 741-9
APPROVAL
BY:
- A l
Name: Sonia Singleton
Title: Acting Neiglabor
Director T
City Secretary
Services
CONTRACT COMPLIANCE
MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
BY:
Name: Barbara Asbury
Title: Compliance and
Manager
APPROVED AS TO FORM AND
LEGALITY it
BY:
Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: C-28459
BY: •+� -�`
NAM ge Y ger
TITLE: CIh`ief Executive Officer
DATE: 6
ATTEST:
BY:
NAME:
TITLE:
Amendment No. 1 to City Secretary Contract No. 50175
Trinity Habitat for Humanity — Preserve A Home Program
OFFICIAL RECOR®
CITY SECRETARY
FT. WORTH, TX
Page 4
Date: 4-1-2019