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HomeMy WebLinkAboutContract 35618STATE OF TEXAS COUNTY OF TARRANT 3 Nic ,, iT i 0. 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 Texas 76102, acting by and through Dale A. Fisseler, its duly authorized Assistant City Manager, and Centro Cultural De Las Americas ("Contractor"), whose address is 1300 Gendy Street, Fort Worth, Texas, 76107, acting by and through Ms. Helen Sides, its duly authorized Executive Director. (Sometimes City and Contractor are referred to individually as a "Party" and collectively as the "Parties".) WHEREAS, City has received grant monies from the United States Department of Housing and Urban Development ("HUD") under Title 1 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 No. B-07-MC-48-0010, for Year XXXIII; WHEREAS, one of the national objectives of the CDBG program is to benefit low and moderate income citizens (the "National Objective"); WHEREAS, the assigned Catalog of Federal Domestic Assistance (CFDA) number is 14.218 for this Federal program; and WHEREAS City citizens, the Community Development Council, and the City Council have determined that CDBG programs are needed by the City's low and moderate4ncome iti czens. NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: THAT, the Parties covenant and agree as follows: 1. Scope of Services a. Contractor will administer public services to citizens of the City of Fort Worth under the program name GED in Spanish Program ("Program"), for the term June 1, 2007 to May 31, 2008. b. Contractor will be responsible for administering Job Skills Training &Placement Program in a manner satisfactory to City and consistent with any standards required as a condition of providing the CDBG funds (as hereinafter defined). The Program will include the following CDBG eligible activities: Contractor will provide the services and activities as set forth in Exhibit A -Program Summary in accordance with Exhibit B-Program Services 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 as defined in 24 CFR 570.2080 Contractor certifies that the activities carried out under this Contract will serve low and moderate -income persons. Contractor will obtain information on fa y41 J � 1 _, CDBG YEAR XX%III CONTRACT Centro Cultural de las Ameucas 2 and income of Program participants. All such documentation shall be furnished to City upon request if necessary for City to fulfill its obligations under its Federal tion is not maintained and furnished to City on request, grant. If this documenta City may exercise all remedies actoruonlethisunder Contniactootr any octhedimgontracthe g k th withhold payment to Co Contractor, or terminate this Contract as described herein. d. City will monitor and evaluate Contractor's performance using the goals and performance standards requited in this Contract. Substandard performance as determined by City monitoring will constitute non-compliance with this Contract If action to correct such substandard performance is not taken by Contractor widen a reasonable period of time after being notified in writing by City, procedures to suspend or terminate the Contract will be initiated. e. If applicable, Contractor sin complying with doe hall comply and assist City provisions of any federal requirements regarding displacement, relocation and/or real property acquisition. f. Contractor agrees to take reasonable steps to ensure meaningful access to doe Program and associated activities by limited English proficient persons. Co�n�ezz.r�ztion �znd Method of Paynaezzt a. City will disburse CDBG Year XXXIII funds ("CDBG Funds") in an amount up to twenty thousand and seventy seven and no/100 dollars, $20,077 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- Request For Funds, (2) Attachment II -Detail Statement of Costs, and (3) Attachment III -Expenditures Worksheet. Payment by City to Contractor shall require completion of all City forms and copies of adequate supporting documentation verifying eligibility of expenses as well as, where applicable, eligibility of Program participants. Reimbursement for the payment of eligible expenses shall be made against the Program Operati budget specified in Exhibit C- ng Budget and in accordance with performance specified in Exhibit B-Program Services Schedule. City will not disburse funds for expenditures that occurred prior to the beginning date of the ur term of this Contract. c. Contractor agrees to utilize all disbursed CDBG Funds for the benefit of the Program. Contractor agrees that all funds will be expended in accordance with Exhibit C-Program Operating Bud CDBGntractor may not Funds portion of increase Exhibitdecrease C Prog�am item amounts inthe approved Operating Budget without City's prior written approval. Contractor acknowledges and agrees that any CDBG Funds not used in accordance with the CDBG Regulations and the terms of this Contract will be repaid to City. d. It is understood that the total cost for operation of this Program is $44,716 and that Contractor will obtain from other sources the remainingfunds in excess of the CDBG Funds as detailed in Exhibit C-Program Operating Budget. Contractor will City promptly of any additional funds it receives for operation of the notify Program, and City reserves the right to amend Exhibit C-Program Operating Budget in such instances. CllBG I'Er1R xxXIII CONTRr1C'I' Centro Cultural de las Americas lirw. 6/i9/o7 I the monthly report following the end of the Contract month during submission of of t which the interest was earned. Interest n aTheseamounts smust berepor reported on may be used for authorized Program expen to this Contract. interest the monthly financial statements filed pursuant remittance o C City as directed by C tya in excess of $25.00 per month is subject to f. Contractor will not comminglelth any Other ds in any l of the that would prevent City fro L adil Y identifying expenditures for operation Program. 3. Standards Uniform Administrative .requirements and Program Management a. Financial Management i. Accounting Standards "Uniform Contractor agrees to comply with OMB Circular withts in Agreemen Administrative Requirements for GranNon-Profit Organizations an 'Inand agreesstitutions to Higher Education, Hospitals and other adhere to tiny acce'�''''ng principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. u . Cost Principles Contractor shall administer the Program in conformance with OMB OrganzatCircular - ments 122, "Cost Principles for Non -Profit iio Concosts r the Programand revisions thereto, regarding principles for determining b. Documentation and Record Keeping i. Requirement 1e ac Contractor shall maintain all recordCFR 570 506.In addition, Contractor under this Contract required in 24the CDBG agrees to keep records to fully document e all dspdocumentingures l the ed to eligibility o portion of the Program, including Program participants as more particularly described ibe the eligibility of thThe enProg�on herein must support the amounts charged the Program, participants, and demonstrate that expenditures eligiblepunderlaapplicable te to the stated goals of the Program andallowable Federal, state and City guidelines. ii. Retention years (1) All records pertaining to Program shall be retained for our followiination of this Contract. Contractor may destroy Program ng the term records at the end of this four (4) year period if no outstanding audit fording exists. (2) Contractor will retain any Program loan records until four (4) years after the expiration of any loan. Real Property Records identify Contractor shall maintain real property inventory Properties retained hall meety yeligibility properties purchased, improved, or sold. Pruper criteria and shall conform to the requirements of 24 CFR 570.505. iv. Closeouts ation to City shall not end until all closeout requirements are it Contractors obligies during this closeout period shall include, but are not completed. Activ CDBG YEAR xX�iIII CONTRACT Centro Cultural de 1as Americas R final payments, disposing of Program assets (including the limited to: making 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) Cil T, HUD, 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 Contractor under this Contract for the purpose of audit, examination, exception and transcription at all of Contractor's offices at all reasonable hours. in Federal (2) All non-federal entities that expend 0of000 or more the Fede al award, must submitwithinnds to one (1) year, regardless of the source City an annual audit prepared in accordance with 24 CFR Sections 570.502- 570.503 generally, with specific reference to OMB Circulars (with rin attachments) A les for Non -Profit Organizations", and A- 133, "Audits of -122, "Cost PcipStates, Local Governments, and Non -Profit Organizations", as appropriate. The audit may cover either Contractors fiscal year during which this Contract is in force or cover the periodof this Contract. The an incertified public accountant, be audit must be prepared by completed within nine (9) , months following th30e a °f o its the period completion, audited and be submitted to City within thirty ( ) 5 ontracto Crs audit certification is attached hereto as Exhibit D - Audit Schedule Independent Audit Requirement. The Audit Schedule Form must be submitted to City within sl_xty Costs eparatioof the n of this of the audits ay be audited (Contractor's fiscal year) p of CDBG Funds in an amount proportional an allowable expenditure to that of the CDBG Funds used in Contractor's $500 000 ageai in Federency al funds are Non-profit entities that expend but records must be exempt from Federal audit requirements for that year, available for review or audit by appropriate officials of the Federal agency, City, and General Accounting Office ("GAO")* (3) City reserves the right to performthe term � rm of thisaudit of oContract, i gCitSy d eerammes and finances at any time during h 33. that such audit is necessary for Ci o, s compliance with OMB Circular A-1 all relevant books, records and materials. Contractor agrees to allow access If such audit reveals a questioned practice or expenditure, such questions must be resolved within fifteen (15�days period, City notice i-eseoveContractors the cright to questions are not resolved withinrthis p withhold further funding under this Contract and/or any other contract(s) with Contractor. (4) If as a result of any auditis all ot of such monies so m a y part ofined that the toCDBG Funds, misapplied or misappropriate Contractor agrees to reimburse the City the amoun or misappropriated, plus the amount of any sanction, misused, misapplied against City because of such misuse, penalty or other charge levied misapplication or misappropriation. 4. Deporting Procedures CDBG YEAR XXXIII CONTRACT Centro Cultural de las Americas RJ�V. G/19/07 4 a. Financial Reports Contractor will submit to City II -Detailed Statmentmonthly asof (Costs,a (3neAttachtne tt III - Funds, (2) Attachment II -De Expenditures Worksheet, as applicable, for rm ce of thienses s Contractred for s Actual cash activities accomplished by Contractor in perf receipts for claimed expenditures must be provided b y as duly time agent o ofunds the is presented. The reports must be sign y Y Contractor and submitted by the 15`h of o hIn sburselfunds for e�Pe di� beinge month that reported. City is under no obligation t occurred prior to the first day of the month for which the report is submitted. b. Progress Reports tarn Contractor will submit to City I a Disc Benefit Dathly basis' ta Report, Attachment V- Services Report, (2) Attachment Nb Performance Report, and (4) Attachment .VIotf this ContracData Report t. The reportwill activities undertaken by Contractor in performance be signed by a duly authorized agent p �ed@ConCity and is under notted by the oblign on t 5tdisbuise month following the month that's reported. City fnds for expenditures that occurred prior to the beginning date of this Contract. Income f the Program in c. Program Contractor agrees that all program income from operation o proportion to the amount of CDBG Funds receive ece v program incomes subject to the prior to expending CDBG Funds and that any p g terms of this Contract. Contractor eli bye Pponam activity e expenses. ifCDBG Funds only program income is insufficient to meet all eligible gemammg program income agrees to return to City at fthyeynd of ProgramyI Contract any r in proportion t the amount of CDBG earned from operation Funds in Exhibit A -Program Summary and Exhibit B-Program Operating Budget. d. Procurement i. Compliance the purchase of Contractor shall comply with City policy of all nonTe pendable personal property, as and shall maintain inventory record defined by such policy, procured with funds provided under this Contract. u. OMB Standards or services in accordance with Contractor shall procure all materials, property, the requirements of 24 CFR Part 84, 570.50Procure(mb)() Standaand Property rds utilization and Standards, as modified by 24 CFR Part 570.502 g disposal of property. e. Program Participant Records actions taken i. Contractor will keep or cause to be kept c accurate o uments,oin perfolrmancce of this and all CDBG Funds expended, with Contract. Such records shall be kept for the time period mandated by the CDBG Regulations and this Contract. and ii. Contractor will obtain and keep on f documentation on sea h Program h to City on rpartic pant following information and/or served by the Program demonstrating such participant's eligibility for services provided: S7, CDBG YEAR XXXIII CONTRACT Centro Cultural de las Americas E 6 a. Participant's name, address, annual income level or other basis for determining income eligibility, and family size of participant's households b. income verification including but not limited Source documentation used for SSI award to pay check stubs, food stamp award letters, income tax returns, letters, letters awarding unemployment benefits, W2s and the like. c. City shall have the final dmnverification isation5 in its sole �adequate,as to whether source documentation used for income Reversiozz of Assets a. Contractor agrees to return to City any CDBG Funds remaining on hand at the end of the Contracts b. with CDBG Funds under this Contract will be used solely for operation of the Program. Contractor agre All property purchased es to obtain City approval Prior to purchase of property and 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 in City, and Contractor will deliver all such property to City for disposition at City's sole discretion at the termination of the Program. Applicable Lazes a. Federal Contractor agrees to comply with the following laws and the applicable regulations as they are currently written or are hereafter amended during performance Of this Contract: o Reations at 24 CFR Part 570 pertaining to CDBG ("CDBG Regulations") gul ® Title I of the Housing and Community Development Act of 1974 (42 USC 5301 et seq.) ® Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4601 et seq.) and its related regulations at 49 CFR Part 24 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.) Executive 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 n Act(42 USC 6101 et of 1973 (29 USCg794 et seq.) and 24 CFR • Section 504 of the Rehabilitati Part 8 where applicable . The Americans with Disabilities Act of 1990 (42 USC 12101) ® National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq. ("NEPN') 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 ecutive Order 11738. In no CFR Part 15, as amended from time to time, and Ex event shall any amount of the assistance provided under this Contract be utilized REV, 6/19/07 CDBG YEAR XXxIII CONTRACT Centro Cultuzal de las Americas with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. ® The Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.), specifically including the provisions requiringf the legal employer verification o status of its employees elopment Act of 1987 (42 USC 5301 et seq.) ® The Housing and Community Dev The Americans with Disabilities 988 0f 1990 41 USC4701SC 12101 et et seq.) and 24) CFR Part 23, ® Drug Free Workplace Act o Subpart F ted to lobbying, including the requirement that ® Regulations as 24 CFR Part 87 ela certifications and disclosures be obtained from all covered persons o Executive Order 12549 and 24 CFR Part 5.105 (c) pertaining to restrictions on participation by ineligible, debarred, or suspended persons or entities. 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 3 under 24 program providing direct Federal financial assistance from HUD, Section 3") requires that the following clause be inserted in all covered CFR 135.38 ("Section contracts ("Section 3 Clause"): is subject to the "A. The work to be performed under thiscontr eloacment Act of 1968, as ameended, 12 section 3 of the Housing and Urban p U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment HUD - and other economic opportunities generated by HUD assistance or HUD - assisted projects covered by Section 3, shall, to the greatest extent feasible, be income persons, particularly persons who are directed to low- and very low - recipients of HUD assistance for housing. B. The Parties to this contract agree to 3 o Asl evidenced with Dby their latio s in 24 CFR Part 135, which implement Section 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. nd to each labor organization or representative o C. The contractor agrees to se agreement or other workers with which the contractor has a collective bargaining understanding, if any, a notice advising the labor organization or workers' and representative of the contractors commi o sntlacesat the work to heieer this section 3 �bodi will post copies of the notice m con p p employees and applicants for training and employment positions can see the notice. The notice shall describe the to hire, shall set forth e, availability ofcapp enticesbip and minimum number and job titles subject 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. D. The contractor agrees to ineludatrtseons in 24 CFR Paron 3 t 135, ande in Lagreescto t ke subject to compliance with g 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 REV, CDBG YEAR XXxIII CONTRACT Centro Cultural de las Americas 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. E. 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 t0 be directed, were not filled to circumvent the contractors obligations under 24 CFR Part 135. F. Noncompliance with HUDcontract 135 may result in sanctions, termination of this co for default, and debons in 24 CFR a ment or suspension from future HUD assisted contracts. G. 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 opportunities for training and employment shall be given to Indians, and (d) 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 7(b). derstand and agree that compl35 and all applicable iance with the provisions of City and Contractor unes and Section 3, the regulations set forth in 24 CFR Part t 5 f HUD shall be a condition of the Federal financial assistance provided o the Program, o binding upon City and Contractor, and their respective successors, assigns and subcontractors. Failure to fulfill these requirements shall subject Contractor and its respective successors and assigns, to those sanctions specified ubcontractors, and their 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 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 applicable City ordinances, rules 974 42 regulations 5301e t seq.). Title nd asf the amend Housing the Community Development Act of CDBG Regulations, as amended, (24 CFR Part 570 et seq.). Contractor further promises and agrees that it has read, and is familiar with, the terms and conditions of the Community Development Block Grant under which CDBG Funds are granted and any applicable provisions of the CDBG Regulations and that it will fully comply with them. It is agreed and understood that, if City notifies Contractor of any such violation on the part oa 0 ants Contractor oor o r any of its fi� agents) subcontractors) thenContractor shall employees, Program p p immediately desist from and correct such violation. 7. Nondiscrimination CDBG 1'I;AR ��III CONTRACT Centro Cultural de las Americas YEN. L. - a. Contractor will not unlawfully discriminate against any person or persons because of sex, race, religion, age, disability, color, national origin, or familial status, nor will Contractor permit its officers, members, agents, employees, subcontractors or Program participants to engage in such discrimination. b. 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. iminate against per because of their age except on the basis employment, discr of bona fide occupational qualification, retirement plan or statutory requitement. c. Contractor further covenants that neither it not 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. nsions of the Americans With Disabilities Act of 1990 d. In accordance with the prov ( 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, not 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 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 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 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 its officers, members, agents, employees or by either the Contractor or subcontractors. 8. Prohibition Against hzter est a. No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which tie 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 entered into in connection with the Program. YEAR CDBG XXXIII CO Centro Cultural de has Americas REv. 6/I9/o7 CONTRACT9 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 CDBG Funds transferred hereunder or be financially interested, directly or indirectly, in the sale to Contractor of any land, materials, supplies or services purchased with any CDBG Funds transferred hereunder, except on behalf of Contractor, as an officer, employee, member or Program participant. Any willful violation of this paragraph with the expressed or implied knowledge of Contractor or its subcontractors shall render this Contract voidable by City. 9. Minorzty and lonaen Business Ente�przse Commitment Contractor agrees to abide by City's policy to involve MinoriI and Women Business its procurement practices and to provide them ("MWBEs") in all phases of afor contracts for construction, pro Enterprises vision of n equal opportunity to compete professional services, purchase of equipment and supplies and provision of other services required by City. Contractor agrees to incorporate City or No. 1553further and all amendments or succesw th whom it cotherentracts t all cmplycontracts with dsaid MWBEs requwill ire all persons or entitles policy. 10. Non Assignment No assignment or delegation of duties under this Contract by Contractor shall be effective without City's prior written approval. 11. Independent Corttractoy 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, subcontractors, Program participants, licensees or invitee. 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 ctor, its officers, members, agents, employees, subcontractors, i Program participants, licensees or invitees belonging to Contra , 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. CDBG I')✓AR XXXIII CON"TRACT Centro Cultural de las Americas ru,v. 6/19/07 to 12. Indemnification, Insurance and Bonding a. CONTRACTOR COVENANTS AND AGREEEXO INDEMNIFY E5 IANHOLD ITS HARMLESS AND DEFEND, AT ITS OWN EMPLOYEES FROM AND S, AGENTS, SERVANTS AND FOR PROPERTY LOSS R OFFICER AGAINST ANY AND ALL CLAIMS OR SUITS DAMAGE AND/OR PERSONAL INJ URY, INCLUDING DEATH, TO ANy AND ALL PERSONS, OF WHATSOEVER iINGN OUT OR COF OR IN WHETHER REAL OR ASSERTED, CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND EIN) WHETHER OR SERVICES OF THE PROGRAM DESCRIBED ALLR GED NEGLIGENCE NOT CAUSED, IN WHOLE OR IN PART, SERVANTS, EMPLOYEES, OF OFFICERS, AGENTS, CONTRACTORS TRACTOR HEREBY OR SUBCONTRACTORS A CITY; EDIBILITY OF CITY AND ITS ASSUMES ALL LIABILITY AND RESPONSIBILITY EMPLOYEES FOR ANYAND OFFICERS, AGENTS, SERVANTS, AND LOSS OR DAMAGE AND/OR ALL CLAIMS OR SUITS FOR PROPERTY AND ALL CHARACTER PERSONAL INJURY, INCLUDING DEATH, TO OCTER WHETHER PERSONS, OF WHATSOEVER KINDS OR ARISING OUT OF OR IN CONNECTION WITH REAL OR ASSERTED, ORNCE, ATTEMPTED PERFORMANCE THE EXECUTION, PERFAND AGREEMENT OR NON-PERFORMANCE OF THIS CON �D SERVICES OF THE AND/OR THE OPERATIONS, ACTIVITIES IN PROGRAMS DESCRIBED HEREIN, EG IGENC NOTCAUSED OFFICERS) WHOLEWHOLE OR IN PART, BY ALLEGEDD N NTSEMPLOYEES, CONTRACTORS OR SERVANTS) AGENTS, CONTRACTOR LIKEWISE SUBCONTRACTORS OF CITY. COVENANTS AND AGREES TO AND DOES AGAINST ANY AND ALL AND HOLD HARMLESS CITY FROM AN ERTY OF IN URY, DAMAGE OR DESTRU NTION ECTION J WITH ALL ACTS PROP CITY ARISING OUT OF OR IN ITS CONNECT FMEMBERS) AGENTS, OMISSIONS OF CONTRACTO T,OS IrTVITEES, LICENSEES OR EMPLOYEES, SUBCONTRAPARTBY PROGRAM PARTICIPANTS, OR CAUSEDEN W AOGENTS, ISERVVANTS, ALLEGED NEGLIGENCE OF OFFICER EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. LEASE CITY, ITS CONTRACTOR AGREES TO AND SHALL LEGAL REPRESENTATIVES AGENTS, EMPLOYEES, OFFICERS AND FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO WIH OR PERSONS OR PROPERTY SUSTAINED IE THIS ECTION CONTRACTTEVEN INCIDENTAL TO PERFORMANCE UND IF THE INJURY, DEATH, DAMAGE OR LOSS IS CITY'S SOLE OR CONCUCAUSED BY THE RRENT NEGLIGENCE. 1tl�,V. 6/19/07 11 CDBG YEAR gXXIII CONTRACT Centro Cultural de las Americas LL TS CONTRACTOR SHALL REQUIRE SUBCONTRACTS A BREOLE RSAECTAND TO INCLUDE IN THEIR SUBCON INDEMNITY IN FAVOR OF THE CITY IN SUBSTANTIALLY HE SAME FORM AS ABOVE. nd in the b. Contractor will maintain blanket fidelity coverage fraud, theft or dishonesty of any amount of $20,077, to insure against loss from of Contractors officers, agents, trustees, directors Or employees. The proceeds of Cityand all loss oCDBG Funs such bond shall be used to reimburse ty for h 1eimb r ementf such bond shall occasioned by such misconduct. To effectuate include a rider stating that reimbursement for f Contractorny loss or w that it has osses thereunder shall be made directly to City for the uses and benefit o c. Contractor shall furnish certificates of insuranceublic liability b� proof and automobile lliability paid for policies of workers' compensation, public �' I covering all risks incident to or e foman connection of this Contract. The performance, attempted performance or nonpan amounts of such insurance shall not be less than the TexasmCont maximum"ability understands nds and imposed on City under the laws Of the State of t City's option and that agrees that such insurance amounts may be revisedupwarddays following notice to Contractor shall revise such amounts within ry Contractor of such requirements. d. Contractor will submit documentatiodn in this contthat ract within mthirty (30) daysofthe and has executed bonds as requlle execution of this Contract anel prior requestO pmec of of ny monie e(s) of insurance shall not be e. Any failure on part of the Cary to insurance construed as a waiver of such requirement °or in insurance policies shallas a waive -belicensed requirements themselves. Insurers of or be otherwise to do business in the State of Texas by the Depo f Teexas.OInsurers shall be acceptable eligible and authorized to business in the state shall to Ci insofar as their financial strength and sing Guide aeach nd ofcA cVI Ia yother ry uxn A.M. Best Key Rating have a current minim unless otherwise approved by Cityt industry standard rating licies shall not exceed $5,000 per occurrence unless Deductible limits on insurance po otherwise approved by City* requirements for the £ Any local, federal or other regulatory insurance or bonding ifitain applicable herein shall prevail. Program that exceed those spec g Contractor shall agree to require its subcontractors to mainherein; and, Contractor coverages, limits, and oilier req o provide Contractor 4 ements as those specified ertifi ate(s) Of insurance shall require its subcontractors p documenting such coverage. Also, Contractor shall require its subcontractors to ad have City and Contractor endorsed Policies' l insured appear) Contr (interestss their tor shall require n is on their respective Insurancep subcontractors to maintain builders risk insurance exceeds $103000he limit O0 applicable acdifferent elimst costs when the value of materials involved exceeds $ value limit as specified by City. 13. Wlaiver of Inznauniy CDBG YEAR X�;XIII CON`tIt-ACT Centro Cultural de las Americas unt or d a ainst liability for damages or injury, If Contractor is a charitable or nonpronrgnnlz g on and has or claims an Imm to exemption (statutory or otherwise) from death, to persons or property; Contractor hereby expressly waives its lights including immunity or exemption as against City. This section shall not be plead defensively such imm tY unities under constitutional, statutory or construed to affect a governmental entity's ImITl common law. 14. Termination a. In addition to, and not in substitution for, Other provision u n to Title I of regarding the provision of public services with CDBG Funds) p Develo ment Act of 1974, as amended, (42 USC 5301 y and the Housing and Community p se and the CDBG Regulations, it is expreSconditioned upon he sly understood and alctualbi'ece receipt et q ) between the Parties that this Contract is wholly City of Federal CDBG Year funds; that all monies distributed to Contractor by ry hereunder shall be exclusively rant and not from Federal monih received unds d older ld grant are not he rand that If su from any other monies of city; at its sole discretion, terminate this timely forthcoming, in Whole or in part, City may, and City shall not be liable for payment for and work or services performed Contract tY _ by Contractor under or in connection with this Contra e in b. CIt� may terminate his Contract whenever such termination ilityf determined to Pe fo bm of City's best interest, in event of Contractor' or other good causes to comply with any of the terms herein, c. The Parties acknowledge that CDBG Funds paid hereunder Citymn y terminate this only partial funding for Contractor s program open sw Contra ct if non-CDBG funds included in the Operating Budget are not forthcoming to Contractor during the Contract term. be as collateral loans to d. CD BG Funds provided hereunder may no andany attempted useofCDBG Contractor to defray program operation his expenses s ecifying the portions Funds for this purpose will result m termination notice to COntracto trap ci City. , e. Termination will be effected by written of he Contract affected and the effective date oll receipt of such f tern'hlation' Upon Contractor s termination notice, Contract • extent Sto work under the Contract on the date and to for comp Cease expenditures he letioni Pnecessaryof the • es of CDBG Funds, except as ortions of the Contract not terminated; and ' ate all orders and contracts to the extent that they relate to portions of p o Tern- n the Contract being terminated* Contractor will return to City any unused CDBG Finds effective previousl datteaofe Contraby ct f. Contra thin 30 days of under this Contract within �' ( ) or liability for Contractor's expenditures termination. City WM have no responsibility c or actions occurring after the effective date of Contract termination. Of of his or 15. Certification Regarding Lobbying undersigned representative of Contractor herYb{ d funds have been pa d o will a. The $m her knowledge and belief, that: No federal approp Rrv, 6/I9/11 13 CDBG yliAR XX�xIII CONTRACT Centro Cultural de las Americas act( be paid, by or on behalf of Conte of opyra member of congress) anioffice: connection to influence an officer or employ anaenY g or employee of Congress or an employ�ac f �member g of any Federal grant, the f Congress in with the awarding of any Federal con ,and the making of any Federal loan, the entering dmnt or modificationany cooperative any F decal extension, continuation, renewal, ame that the contract, grant, loan or cooperative agreement. subcontracts or shall or agreementseuivolving language of this certification be included the expenditure of Federal funds.to b. if any funds other than Federal appropriated f fl duce an officer have been paid oemplo r willy e of a any any person for influencing or attemp g cer or employee of Congress, or an employee agency, a member of Congress, an offi in connection with this Federal contract, grant, loan or of a member of Congress cooperative agreement, Contractor shallcomplete ordanc and its 7nttlnd ttori Form-LLL, "Disclosure Form to Report Lobby7ng, c. This certification is a material representation to fact bno lion of n which phis certificate eliance was is placed when this Contract was made orinto entered prerequby 31 USC Section isite for making or entering into Hsu red certificationontract imposed be subject to a 1352. Any person who fails to file theq civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. 16. Miscellaneous Pro�risions a. All terms of this Contract shaDBG Fundsorwho perfo rn any work In connection who are in any way paid with C with Contractors Program. if for any b, The provisions of this Contract are this er btract hall be determined reason be invalid sentence, paragraph or other part of by a court or Federal or state agency, oard orshall notlaffect othession apltovisron which can the subject matter thereof, such invalidity be given effect without the invalid provision. c. City's failure to insist upon the performance conferred shall not be cof any term oo ntrued as a waiovision of ver Contract or to exercise any right herein 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 n onperformance of this Contract, venue for action shall lie inTau a ty, Texas by e. This written instrument and the exhibits act for all Teuoposes, constitute , which are theincorporated reference and made a part of this Con P erformed agreement between the Parties concerning the eous orralaoa written agreemeservices to bent which hereunder, and any prior or contempoi 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. be in writing and are deemed f. All notices required or permitted by this Contreceivedact msorr the third day following W delivered on the earlier of the date actually deposit in a United States Postal Service post office or receptacle; (ii) with proper REV, 6/19/07 CDBG YEAR XXXIII CONTRACT 74 Centro Cultural de las Americas return receipt requested); and (iii) addressed to the other postage (certified mail, in the preamble of this Contract or at such other address Party at the address set out as the receiving Party designates by proper notice to the sending Party. 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 activitya that it possesses the legal authority, pursuant to any proper, lh. Contractor represents motion, resolution or action passed or taken, to enter into appropriate and official this Contract and to perform the responsibilities herein required. i. t it has obtained C150 (( f anychangte es om the Internal Contractor certifies thages to is 501 Revenue Service. Contractor shall no tywriting (3) tax-exempt status during the term of this Contract. [SIGNATURES APPEAR ON FOLLOWING PAGE] CDBG YI✓AIt XXXIII CON'r ItAC'I' Centro Cultural de las Americas the Parties heret!/Jj e exe d th • e copies of �thisf IN WITNESS WHEREOF, , 20=, Contract in Fort Worth, Tarrant County, Texas, this da Centro Cultural De as Americas CITY OF FORT WORTH By: Assistant City Manager APPROVED AS TO FORM AND LEGALITY: �� City Attorney ATTFST: Ms. Helen Jiaes Executive Director Coutr ct litho izatio"k Date STATE OF TEXAS � COUNTY OF TARRANT si0000 , 2007 This instrument was acknowledged before me onk4j on behalf of the b Dale A. Fisseler, the Assistant City Manager of the City of Fort Worth, Y` City of Fort Worth. ANA L. BRtSENO Notary Public, Stato of Texas My commission Expires ~ March 07, 2015 Notary Public, State of Texas STATE OF TEXAS COUNTY OF TARRANT 07 as Americas, a Texas This instrument was acknowledged before me o by Ms. Helen Sides, the Executive Director of Cen o C2ultural D non-profit corporation, on behalf of said corporation. ••°PP� JESSE C. HERR �~ �� '`':• Notary Public, Slate oRAexas ��:+Q, My Commisslon ExP g1oF � �ox� CDBG YEAR III CONTRACT Centro Cultural de las Americas Public, State of Texas Attachment I CITY OF FORT WORTH HOUSING DEPARTMENT CONTRACT MANAGEMENT DIVISION REQUEST FOR FUNDS PROGRAM: GED in Spanish AGENCY: Centro Cultural De Las Americas CONTRACT NUMBER: ADDRESS$ 1300 Gendy CONTRACT AMOUNT: $20,077 Fort Worth, TX 76107 CONTRACT DATE: 6/1 /2007 DATE OF REQUEST: CURRENT MONTH CUMULATIVE SECTION I (AGENCY) I. Reimbursement Request $ $ 1. Expenditures: 2. Income $ $ A. Program Income $ $ B. City of Fort Worth $ C. Interest Earned CDBG Funds $ $ 3. Reimbursement (1 minus 2) II, Advance Pay Requests/Repayment $ $ III. Reporting Interest $ $ 1. Interest over $25 per quarter returned to City of Fort Worth SECTION It (CITY) I. BYSPEED -Purchasing Request A. BYSPEED INPUT: Vendor/Po Number/Requisition Number: GR76/539120/005206180290 B. Fund/Account/Center: $ C. Total Amount of this Request: SECTION I. Verification A a Ealy (Date) A. Contract Compliance Specialist y (Signature) (Name) B. BYSPEED - Purchasing (Signature) (Name) (Date) C. Accounting (Signature) (Name) II. Authorization Helen Sides (D A. Agency (Signature) (Name) Emerson (D B. Asst, Housing Director D.(Signature) (Name) j. Walker (D C. Housing Director (Signature) (Name) Distribution: 1 Copy -Accounting 1 Copy -Con. Mgmt Note. Any Request for Funds that exceed $8500 require the signature of both Deidra Emerson and Jerome Wa er CITY OF FORT WORTH CDBG ATTACHMENT 2 HOUSING DEPARTMENT CONTRACT MANAGEMENT DIVISION DETAIL STATEMENT OF COSTS Centro Cultural De Las Americas CONTRACT NO. DATE AGENCY TO GED in S anish REPORT PERIOD Contractors Certification: I certify that the cosw ����� �•� •-•- .- and TITLE OF PREPARE ONE FORM FOR EACH SOURCE OF FUNDS DISTRIBUTION: 1 Copy -Accounting 1 Copy -IAGM I Copy -Agency IA&GM FORM Apri12002 CITY OF FORT WORTH HOUSING DEPARTMENT CONTRACT MANAGEMENT DIVISION EXPENDITURES WORKSHEET C`antro Cultural De Las Americas Agency Contract Number ATTACHMENT 3 Date To GED in Spanish Report Period Program ACCOUNT NO. AMOUNT NO DATE CHECK NO PAYEE DESCRIPTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 TOTAL TITLE OF AUTHORIZED OFFICER Distribution: 1 copy -Accounting 1 copy-IAGM 1 copy -Agency SIGNATURE AND DATE City of Fort Worth Contract Management Division CDBG Year XXXI11 Public Service Dexnccri CITY OF FORT WORTH CONTRACT MANAGEMENT DIVISION CDBG YEAR XXXIII PUBLIC SERVICE I. Name and Address of Sub -Grantee 2 Project Name Centro Culutral De Las Ameicas 1300 Gendy 3. Contract No, Fort Worth, TX 76107 4. Date of Request 8. Direct Benefit Data Month Cumulative Month Cumulative Current Month ulative Month Household and /or Persons Black White AfricanlAmerican Asian and BlacklAfrican White American&White �_..,.,is uo„� of Household Month &Year Asian GED in S anish American Indian/Alaskan Native & Black African American IndianlAlaskan Native HawaiianlOther Native Pacific Islander BlacklAfrican American Other Multi -Racial &White Attachment 46 American Inaiani Native and White Iiauvc ication: The undersigned hereby gives assurance that to the best of my knowledge and belief, the data included in this report is true and accurate, and if a non - agency, has been approved by the governing body of the organization prior to submission. Date: Submitted by: Phone No. Step 1: Ethnicity- Report whether client identifies themselves as Hispanic or Non -Hispanic Step 2: Race -Identify the category chosen by the clien7t CITY OF FORT WORTH HOUSING DEPARTMENT PUBLIC SERVICE ATTACHMENTS Agency/Address 2. Project Name: GED in Spanish Centro Cultural De Las Americas 3. Contract No: Contract Date: June 1, 2007 1300 Gendy Contract Amount: Fort Worth, TX 76107 4. Date of Request: Month &Year 5. PROGRAM SERVICES AND ACTIVITIES 6. SCOPE OF WORK NARRATIVE 7. 8. ANTICIPATED ACTIVITY DURING THE NEXT MONTH CURRENT CUMULATIVE 9. Certification: The undersigned hereby gives assurance that to the best of my knowledge and belief, the data included in this report is true and accurate, and is anon -profit agency, has been approved by the governing body of the organization prior to submission. Date: Submitted By: Phone No. C N L U lII '�� � � 7 r � d � Z � � = z O � o � �w � � a� O 'o � � � � � a � � F- a Q N `" o O p a � o z G F" v = W V � +�+ C ,L^ V 0 N U) a c d z V 0 Q = V ,� N � �_ r C -� .� � 'p N � O 'C ++ 7 ►. U O � 'C � cC �' A � O j 'o � Z � N � �, � C fC O � � � � O � d � � � O G'1 -p d � O C C' Y i � � O o g' �� m � �� a� 7 +�+ O +, � a s � +� ca N t R � � V N � � � � � � � � O T s Q- � � o � c c � � fC i = s � � � c � �� s � F . � o � '� � � � -- =, �: � a� ,.�a'L a�� .. -�� , >> - ,- .. ;�; Centro Cultural de las Americas GED in Spanish CONTRACT NO. Scope of Services PROGRAM SUMMARY June 1, 2007 - May 31, 2008 PERIOD EXHIBIT A SCOPE OF SERVICES $20,077 AMOUNT This Scope of Services is based on the proposal prepared and submitted by the Subrecipient through the City of Fort Worth and the Housing Department Contract Management Division's annual Request for Proposal (RFP) process. However, in the event of any conflict between the proposal and any provision contained herein, this Agreement shall control. In addition to the activities listed below, the Subrecipient agrees to operate this Community Development Block Grant program consistent with the program delivery stated in the approved proposal. The program will provide GED in Spanish classes Service hours will be from 6:00 to 9:00 pm The Center is located at 1300 Gendy, Fort Worth, TX 76107. Program located at Diamond Hills High School COUNCIL DISTRICT (S) — 2,4,9 PROGRAM OBJECTIVES p y g � Assist adults to further their education to obtain their GED in order to obtain a better a in ob PROGRAM GOALS To provide services in the form of teaching GED in Spanish, while students are learning ESL Total Estimated Clients Provng GED class in Spanish along with ESL 200 200 W D W Z Utn VJ M O O 00 N N rn � LO CL CLL Q N N M LO sf � N N N i N t N f3 N 7 V t! ) C\' C 0 N N 0 N N V O En N N rWn V Q Lr) O N Gf N O Sr O O Q 7 C N N t6 'o Co ca ` U :3 L O C 'C M O (Q Q C 7 U) N 'a) CO C U V Q 0 M W co o ca U i+ (Q O N O_ (6 C O " N 7 0 (Z' _ U) o CONTRACT PI Name of Sub Grantee Centro Cultural de las Americas Cost C 5alarles FICA Life Insurance Health Insurance Employment Tax - State Employment Tax - Federal Worker's Comp Retirement SUPPLIES Office Supplies Postage Teaching Aids iFood Supplies Other Operating Expenses CITY OF FORT WORTH CDBG YEAR XXXIII 'rogram ��o� BudqetI Funds $ 816.00 $ 816.00 Name of Program GED in Spanish Telephone T Electric ;as Water/Waste Disposal $ 8,400.00 $ 3,484.00 $ 4,200.00 $ 716.0 Rent [Building] Custodial Services Office Equipment Rental Printing Repairs $ 600.00 $ Fidelity Bond $ 1,400.00 $ Liability Insurance $ 41800,00 $ Legal & Accounting Private Auto Allowance -Local $ Advertising Conference & Seminars Contractual Services $ Miscellaneous CAPITAL OUTLAY $ _ Office Furniture $ Computer Equipment $ Other: [Described] - TOTAL $44,716.00 MATCHING FUND SOURCES [a] FW-After School Program [b] Grants from Fundraisers [c 600.00 800.00 $ 600.00 700.00 $ 2,300.00 $ 1,800.00 077.00 731.00 $3,908.00 r.: EXHIBIT C Page 1 of 3 ��t 1 2 3 4 5 6 7 8 TOTAL STAFF SALARIES CATEGORY FICA Life Insurance Health Insurance Employment Tax Worker's Comp Retirement TOTAL FRINGE BENEFITS BUDGET DETAIL PERSONNEL SERVICE Hourly Annual Position / Title Rate Hours Program Director $25 240 Teacher $21 225 Office Assistant $15 160 TOTAL PERSONAL SERVICES FRINGE BEN of %Paid Payroll Amount by Agency 100,00% 816 Page 2 of 3 Time Amount 30% $ 6,000.00 100% 4,100.00 25% 21400,00 $ 12, 500.00 Amount $ 816.00 CATEGORY Telephone Electric Gas Waste/Water Disposal Other Total Utilities BUDGET DETAIL UTILITIES AVERAGE COST PER MONTH 300 # OF %charged to MONTHS CDBG 6 50% Page 3 of 3 AMOUNT $ 1, 800.00 $ 1,800.00 BUILDING LEASE I BUILDING LOCATION NO, SQUARE FOOT COST PER SQUARE FOOT AMOUNT 1 Rent 697 600 $11 $ 31484,00 2 3 TOTAL BUILDING LEASE CATEGORY Fidelity Bond Liability Insurance Legal & Accounting Office Supplies Contract Services/Consultant Printing Mileage Advertising TOTAL OTHER EXPENSES EVENT OTHER EXPENSES TOTAL CHARGE 600 1400 700 100 %CHARGED TO CDBG AMOUNT 100% $ 600.00 57% $ 800.00 50% $ 700.00 10% $ 100.00 CONFERENCES AND SEMINARS TOTAL CHARGE %CHARGED TO CDBG 1 2 3 TOTAL CONFERENCES AND SEMINARS ITEM OFFICE EQUIPMENT RENTAL TOTAL CHARGE %CHARGED TO CDBG 1 2 TOTAL OFFICE EQUIPMENT RENTAL $ 2,200.00 AMOUNT AMOUNT Centro Cultural de las Americas GED in Spanish Program EXHIBIT E CONFLICT OF INTEREST All Applicants The standards in OMB Circular A=110, Subpart C, provide that no employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by Federal funds if real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selection for an award. CDBG and HOME Applicants Only The CDBG regulations at 24 CFR 570 570.611 and HOME regulations at 24 CFR 92.356 provide that no person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient or Subrecipient that are receiving CDBG or HOME funds and (1) who exercises or has exercised any functions or responsibilities with respect to activities assisted with CDBG funds; or (2) who is in a position to participate in a decision -making process or gain inside information with regard to these activities, may obtain a financial interest from a CDBG-assisted or HOME -assisted activity, or have any interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with who they have family or business ties, during their tenure or for one (1) year thereafter. IF NO CONFLICTS EXIST, COMPLETE THE FOLLOWING: I certify that no conflict of interest exists between The City of Fort Worth and I certify that no conflict of interest exists between the subcontractors of and (Name of Organization) IF THERE IS A CONFLICT, COMPLETE THE FOLLOWING: I certify that a conflict of interest does exist between The City of Fort Worth and (Name of Organization) I certify that a conflict of interest does exist between (Name of subcontractor) (Name of Organization) Describe the nature of the conflict of and below: (Please identify the individual, employment, and the conflict or potential conflict [their affiliation with your Typed Name and Title Page 1 of 3 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/19/2007 DATE: Tuesday, June 19, 2007 LOG NAME: 05060507ACTIVIT REFERENCE NO.: C-22201 SUBJECT: Authorize Execution of Community Development Block Grant Year XXXIII, Emergency Shelter Gran Year 2007-2008 and Housing Opportunities for Persons with AIDS 2007-2008 Contracts RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute Community Development Block Grant (CDBG) Year XXXIII, Emergency Shelter Grant (ESG) Year 2007-2008 and Housing Opportunities for Persons with AIDS (HOWPA) Year 2007-2008, contracts with the listed organizations to administer their respective programs, contingent upon approval and receipt of adequate funding from the U.S. Department of Housing and Urban Development (HUD), for a term beginning June 1, 2007, and ending May 31, 2008; 2. Authorize the City Manager to extend or renew the contracts for up to one year if an organization requests an extension and such extension is necessary for completion of the project; and 3. Authorize the City Manager or his designee to amend the contract, if necessary, to achieve program goals, provided the amendment is within the scope of the project and in compliance with all applicable laws and regulations governing the use of federal grant funds. I. Community Development Block Grant (C Organization Centro Cultural de las Americas Southside Youth Association Summerbridge-Summerbridge Program Cooks Children's-Save A Smile ESTRELLAS-Boys and Girls Clubs All Church Home (Bridge) -Buffalo Soldiers JMAC Youth Center Latin Arts Association -Theater Skills Program Clayton Child Care- Greenbriar CJ's Studio of Performing Arts Near Northside Partners Council Women's Center -Play It Safe YWCA -Child Development Child Care Associates -Pre -School Child Care FWHA-AMAKA Child Care Center Clayton Child Care -School Age Child Care Tarrant Area Food Bank -Community Kitchen http : ww.cfwnet.org/council.packet/Reports/mc�rint. asp Amount (Not to Exceed) $20,077.00 $10,000.00 $22,500.00 $241300,00 $16,000.00 $163200,00 $251000,00 $121600000 $181000.00 $121096,00 $161639,00 $191683,00 $1351000,00 $1171000,00 20,0� Qu it, Lh Vg '8/7/L00 Bottle Bounty Deposit Senior Citizens Services of Tarrant County-COMO Senior Citizens Services of Tarrant County -RIVERSIDE Meals on Wheels Mental Health Associaton of Tarrant County -OMBUDSMAN Mental Health Associaton of Tarrant County -Mental Health Advocate United Community Centers -Crisis Intervention Northside Interchurch Agency Day Resource Center Security NSEAM MASS, Inc. REACH, Inc.- Project Ramp (WCA-Ben & Jerry's Job Trainng/Job Placement Fort Worth SER-Northside Resource Center A -Prep Center of Tarrant County TOTAL CDBG: II. Emergency Shelter Grant (ESG) Organization YWCA -Supportive Living Cornerstone Assistance Presbyterian Night Shelter Cenikor Foundation SafeHaven of Tarrant County Presbyterian Night Shelter Mental Health Mental Retardation of Tarrant County YWCA -My Own Place Parents And Chldren Together, Inc. Safehaven of Tarrant County -Childcare TOTAL ESG: III. Housing Opportunities for Persons with HIV/AIDS (HOPWA) Organization AIDS Outreach Tarrant county Samaritan Housing AIDS Outreach Rural Texas TOTAL HOPWA: DISCUSSION: Page 2 of 3 $20, 000.00 $17,597,00 $15,271,00 $33,696.00 $17,500,00 $24,750.00 $18,000,00 $23,436,00 $21,870,00 An An $30,000.00 $15,000.00 $14,748,00 $46, 800.00 $67,197,00 $948,960.00 Amount (Not to Exceed► $10, 742.00 $13,000.00 $1361177,00 $101681,00 1700,00 1864,00 $12,650.00 $15,331.00 $161521,00 $121700600 $257,366.00 Amount (Not to Exceed) $436,242.00 $248,170.00 $114,198.00 $798,610.00 On April 10, 2007, the City Council adopted the budgets and the appropriation ordinance increasing estimated receipts and appropriations for the Year XXXIII (June 1, 2007 to May 31, 2008) Community Development Block Grant (CDBG) grant funds, (2007-2008) Emergency Shelter Grant (ESG) grant funds and (2007-2008) Housing Opportunities for Persons with AIDS (HOPWA) grant funds as part of the City's Consolidated Plan and Consolidated Action Plan. The Consolidated Plan, as adopted by the City Council, included program descriptions on each program listed above. http://www.cfwnet.org/council.packet/Reports/mc.print.asp 8/7/2007 Page 3 of 3 The above programs are consistent with the City's approved funding policies and priorities. Each program meets the requirements of the Department of Housing and Urban Development (HUD) regulations defining "eligible activity." These programs provide services citywide. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds will be available in the current operating budget as appropriated, in the Grants Fund contingent upon approval and receipt of adequate funding from the U.S. Department of Housing and Urban Development (HUD) for the term beginning June 1, 2007, and ending May 31, 2008. TO Fund/Account/Centers Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers GR76 539120 005206184XXX GR76 539120 005206183XXX GR76 539120 005206180XXX Dale Fisseler (6266) Jerome Walker (7537) Deidra Emerson (7563) $798 ,610.00 $257, 366.00 $9481960.00 http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 8/7/2007