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HomeMy WebLinkAboutContract 43704-A2 CITY SEC RY -7 CONTRACT NO$ SECOND AMENDMENT T CITY SECRETARY CONTRACT NO. 43704 WHEREAS the City of Fort Worth ("'City" and Cultural Arts Center ("Agency""), made and entered into City Secretary Contract Nol. 43704("Contract"); WHEREAS, the Contract provides fi nd ng to Agency pursuant to a grant received by City from the United States Department of Housing and Urban evelopment "f UD") through the Community Development Block Grant "CDBG"), Program; WHEREAS, FIUD published new 2013 income limits which apply" to the C BG Funds awarded to Agency by the Contract WHEREAS, in order to comply with the new HUD income limits, City desires to replace Attachment III- Client Data Re nrt and xhiblt - .2012 "IL Income U l'ts of the Contract with the new 2013 income limits', AS, in addition, City desires to modify the Insurance and Bonding requirements in the Contract; and WHEREAS it is the mutual desire of City and Agency to amend the Contract to meet Contract objectives. NOW, TIJEREFORE, City and Agency hereby agree to amend the Contract as follows: I. a. Section 17 Insurance and Bon of the Contract is hereby deleted and replaced with the following language to be effective October 1, 20120-0 17. Insurance and Bondir Agency will maintain coverage in the f rm of insurance or bond in the amount of$3 1,875.00 to insure against loss from the fraud, theft or dishonesty of any of Agency's officers, agents, trustees, directors or employees. The proceeds of such insurance or hand shat l he used to reimburse Cite for any and all lass of C BG funds occasioned by such misconduct. To, effectuate such reimbursement, such fidelity coverage shall include a rider stating that reimbursement for any l oss or losses shall name the City as a Loss Payee. Agency shall furnish to City in a timely rnanne�r, but not later than the Effective Date, certificates of 'insurance as, proof that it has secured and paid for policies of commercial insurance as specified herein. If City has not received such certificates, by the Effeetive Date, Agency shall be inn default of the Contract and City may, at its option, terminate the Contract. Second .Amendment to CSC No. 43704 Cultural Arts Center C DBG SECRETARY] MAR Such *insurance shall cover all insurable risks *Incident to or in connect-ion with the execution., performance, attempted performance or nonperformance of this Contract. Agency shall maintain, or require its general contractor to maintain,, the following coverage and limits thereof: Commercial General Liabilit y (CGS,) Insurance $,500,1000:each occurrence $1,0001,000 aggregate limit Non-Pro�fit Organization, Liability or Directors & Of."ficers Liab $1,0010,0001 Each Occurrence $1,000,000,Annual Aggregate Limit Business,Automo-blifle LiablLity 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", defined as autos owned, hired, and non-owned. Pending ava*ilabfll*ty of the above coverage and at the discretion of i City,the policy shall be the primary responding nsurance policy versus,a personal auto insurance policy if or when in the course of Agency's business as contracted, herein. Workers' Com,pensation Insurance, ,Part A: Statutory Limits Part B: Employer's Liability $1.00,000 each accident $100,0:00 disease-each employee $,500,0010 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. Developer or its contractors shall maintain coverages, if applicable. In 'the event the respective contractors do not maintain coverag�e, Developer shall maintain the coverage on such contractor, if applicable, for each applicable contract. Additional Requirements Such insurance amounts, shall be revised upward at City's reasonable option and L no more frequently than once every 12 months, and Agency shall revise such amounts within 3:0 days following notice to Contractor of such requirements. Second Amendment to CSC No. 43704 Cultural Arts Center(CD,BG) Agency will, submit to City documentation that it has obtained insurance coverage and has executed blonds as required in this Contract prior to payment of any monies provided hereunder. Where applicable, insurance policies required herein shall be endorsed to include City as, an additional insured as its interest may appear. Additional insured parties shall include employees, officers, agents, and volunteers of City. The Workers' Compensation Insurance sic y 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 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 Agency'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 do business in the state of'rexas. 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 otherwise approved by City. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by City. In the event there are any local, federal or other regulatory 'insurance or bonding requirements forte Program, and such requirements exceed those specified herein, the former shall prevail. Agency shall require its contractors, to maintain applicable insurance coverages, lim,its, and other requirements, as those specified herein; and Agency shall require its contractors to provide Agency with certificate(s) of 'insurance documenting such coverage. Also, Agency shall require its contractors to have City and Agency endorsed as additional insureds as their interest may appear) on their respective insurance policies. Directors, and Officers Liability coverage shall, be in force and may be provided on a claims made basis. This coverage may also be referred to as Management Liability,, and shall protect the insured against, claims arising out of alleged errors in Judgment, breaches of duty and wrongful, acts,arising out of their organizati'onal duties. Coverage shall protect not only the entity, but all past, present and ftiture directors, officers, trustees, employees,, volunteers and committee mernbers. bi. Attachment III attached to the Contract is replaced with the attached Revi'sed Attachment III Client Data Report to be effective February 1, 2013. Second Amendment to CSC No. 437'04 Cultural Arts,Center(CDBG)i C. Exhibit F - 2012 HUD Income Limits attached to the Contract is replaced with the attached E,xhl"bl*t F - 2013 HUD Income LI'miks to be effective February 1, 2013. IM All other terms and conditions of the Contract not amended herein remain unaffected and in full force and effect, are binding on the Parties and are hereby ratified by the Parties. [SIGNATURES APPEAR ON FOLLOWING PAGE] Second Amendment to CSC No. 437Oi4 Cultural Arts Center('C'DBG) ACCEPTED AND AGREED. CULT ARTS C CITE" OF FORT WORTH w B,.y w w 1� Helen Sides Fernandol Costa, Executive Director "° Assistant City Manager A'>* A M 0 j -G 0 APPROVED A$ TO WF01 M AND LEGALITY. AtY 00 ld47 dlt Sep r4z:� Assistant City Attomey M&C C- 67 Date: 8/ Second Amendment to CSC No. 43704 OFFICIAL RECORD Cultural Arts Center(CDB�G) Clry SLlCIMURY ���������I�IIIIIIIIIII�IIAIIIIIA�Illlll�lnl �muunn�nnu�ni�mmnnnmim W mu�nnen �ni NIIIII�YIa nn mmn m mmmini ............... Mill 1111MI 111 111111111111111 1111111 NMI IA IIIIIMIIIIIN �II �nII�NN� Emil 111111 III �IIWAIIIIYAI IIMIIMINYIIIIIN�IIIN il'Em dIIIIlYI11111gM�nI�I11qIINIIIIINYI �IIAIIIIIAIAIIIAIIIAIIAIAINIAIIIIIIIIAI ��I�IIIIAbIIII�II�INI�AIIIIAI�AII� II �OIIIAIIN��I�MIIINIIAINIII�IUAINIAIIdI omwmuwmu�nun W�mw W nn W� �I�I�II�I�I�YIIII��YII�I LAI ON .� n ON r C*-4 00 .�--N W) kn M kn .-I ' 0 U " IWO cl 4) 0 00 M ON CA C>dc� p a\ 04 � +`. C) M&C Review Page I of 5 Official site of the City oi'Fort Worth,Texas CITY COUNCIL A' GEN�DA FORTNVORT11 COUNCIL,ACTION: Approved'As Amended on 8/71201i 2 -Ordinance No. 203161-08-20121 CONTINUED FROM A PREVIOUS WEEK DATE: 71241201112 REFERENCE C-25�767 LOG NAME: 17H�UDACTPLANPIY12-13, NO.: CODEN- C TYPE: NOW PUBLIC, YES CONSENT HEARING: SUBJECT: Conduct a Public Hearing and Approve;City's 2012-2013 Action Plan for the Use of Federa�l Grant Funds-from the United States Department of Housing and Urban Development in -the Amount of$9,278,851.001 for Program Year 2012-2013 from the Community Development Block Grant, HOME, Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS Grant Programs, Au�thorize Collection andl Use of Programs Income, Authorize Application of Indirect,Cost Rates, Authorize Execution of Related Contracts,andl Interdepartmental Letters of Agreement and Adopt Appropriation Ordinance (ALL COUNCIL, DISTRICTS) NEEMIMEMI RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing to allow citizen input,alnd consideration of the City"s 2012-2013 Action Plan for use of federal grant funds from the U�niitedl States Department of Hous,ing and Urban Development in the amount of$,9,278,851.00 fore Program Year 2012,-20131 from the,Community Development Block Grantp HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant programs and for the use of program income from activities using prior years' federal gralint funds; 2. Approve the City's 2012-2013 Action Plans for submiss,io�n to the United States Department of Housing and Urban Development including allocations of'grant funds to particular programs and activities as,detailed below; 3. Authorize the collection and use of an estimated $50,0001.00 of program inco�me resulting from activities using prior years' Community Development Block Grant funds for the programs, and activities detailed below; 4. Authorize the collllection and use of'any program income resulting from activities using prior years' HOME Investment Partnerships Program funds for the City's, Homebu�yer Assistance Program; 5. Authorize the City Manager, or his designee, to execute contracts and interdepartmental Letters of Agreement for a one year term with the agencies listed below in Tables 1,1 2, and 3 for Program Year 2012-2013 for Community Development Block Grant, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding;, 6. Authorize the City Manager, or his designee, to extend the contracts and interdepartmental Letters of Agreement for up to one year if an a�gency or department requests an extension and such extension is necessary for completion of the program; 7. Authori1 ze the City Manlager, or his designee, to amend the contracts and interdepartmental Letters of Agreement if necessary,, to achieve program goals, provided any amendment is within the scope of the program and in com�p�liance with City policies and all applicable laws and regulations governing�, the use of federal grant funds; http://`apps.cfwnet.org/counciI—Packet/mc—review.asp?ID=I70018&counciIdate=8,/7/20112 11/27/2012 M&C Review Page 2 of 5 8. Apply ind�i�rect cost rates as applicable for the Grants Fund in accordance with the City's Administrative Regulations" and 1 9. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations to the Grants Fund' in the total amount of$9,278,851.00 ($5,,8301,1191.00 in Corrimunity Development Block Grant funds, $1,9173,169.00 in HOME Investment Partnerships Program funds, $532,857.,00 in Emergency Solutions Grant funds and $942,'706.00 in Housing Opportunities for Persons with AIDS funds) plus any program income, all subject to! receipt of such funds. DISCUSSION: 'The City's Action Plan is a comprehensive summary of the major housing and comm�unity development activities programs and proposed expendlitures for the use of federal grant funds in the, amount of $9,278,851.00 from the United States Department of Housing and U�rb�an Development (HUD) for the program year beginniing October 1, 2012 and ending September 30, 2,013 from the, Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), and Housing Opportunities for Persons with AIDS (HOPWA) gra�n�t programs. This year's Action Plan also summarizes the use of program i!n�come resulting from activities using prior ye�ars' CDBG1 and HOME funds. The purpose of these grant funds, is to, primarily, benefit low and moderate income City residents, with ESG funds primarily ben!efiltiing homeless persons and HOPWA funds primarily benefiting persons with HIV/AIDS. A 30-day public comment period on the City"s proposed Action Plan was held from June 25, 2012, to July 25, 2012. Any comments will be maintained by the Housing and Economic Development Department in accordance with federal regulations. This publ'ic hearing on the City's Action Plan will be the first pu�bl�ic hearing for the HUD-required citizen participation process. A second' public hearing is proposed for August 7, 2,0112 at which time the City Council is scheduled to, approve the Action Plan�. The City'sAction Plan must be submitted to HUD by August 161, 2012. In addition, two public hearings were held on July 16�,, 20,12 at 9*30 a.m. and 6-00 pm. for citizens to provide comment on the proposed lists of neighborhood streets eligible for reconstruction, using CD,BG funds., Thie Transportation and Pubili�c Works Department prepared a list of priority streets in CDBG-eligible areas. The streets selected for reconstruction were based on the comments provided at the public hearings. A complete list of the streets is, attached and, will be included' in the Action Plan. The allocations in the draft Action Plan availab�le during the public comment period were based on funding estimates available at that time. The amounts set out below reflect the allocations from HUD at the time of this Mayor and Council Communication (M&C). The allocations are not yet final and if the amounts increase, Staff will bring forward another M&C to comm�it the additional funds. Staff developed recommendations for the al�l�ocation of the estimated funding from HUD and presented them to, the Community Development Council (CDC) on June 4,, 2012. A summary of the CDCs funding recommendations is provided be�lolw in Tables 1, 2, and 3 and a spreadsheet of all specific funding recommendations is attached. For Program Year 20,12-2013, the $5,830,119.00 in CDBG funds and $50,01001.001 of CDBG program income is recommended to be allocated as follow& Housing Programs and Services -$2,124,038.00 This item includes funding for the City's Priority Repair Program,1 Cowtown B,r,u�sh�-Up, h:om:ebulyer and housing services, and accessibility modifications, to the homes of senior and/or disabled individuals and related project delivery costs for these programs., Public Services -$874,517.85 This item includes social services for low to moderate income, disabled, and disadvantaged pop�u�lations. http,-,//'apps.cfwnet.org/c�ouncil,.... jew.asp?1D=1 7008&councildate-8/7/2012 11/27/2012 _p1acket/mc—rev"' M&C Review Page 3 of 5 Community Facilities and Infrastructure -$930,596-05 This its includes funding for neighborhood streets reconstruction and streetlight installation for the Terrell Heights neighborhood. CDBG Economic Development-$73499143.301 This item is this year's payment of the City's Section 108 loan from HUD. CD General Admin"Istration -$11166,023.80 This item includes costs for administering the CDBG grant including allocations for Financial Management Services, Internal Audit, and Planning and Development. CDBG Estimated Program Income-$150,000.00 Staff recommends allocating any CDBG program received to the following items'. CASA of Tarrant County, Inc. $, 11875.00 Cultural Arts Center $ 11875.00 Day Resource Center for the Homeless, $ 11875.00 YWCA Fort Worth &Tarrant County $ 11875-00 Neighborhood Street Reconstruction, $32,5001.00 C General Administration (20 percent) $10$0010.0101 'T'ot,al C Program Income $507000-00 For Program Year 2012-2013, the$1,973,,169.00 in HOME funds is recommended to be allocated as follows.. HOME General Administration -$1971316.90 This item includes costs for aidmilniistering the HOME grant. Community Development Housing Organizations (CHDO) Set Aside -$0.,OO This HUD-requ�ired minimum, allocation has been met with previous years" awards to CHDOs for nonprofit affordable housing projects and CH DO administrative operating costs. Homebuyer Assistance Program -$1,775,852.10 This item includes funding to provide down, payment and/or closing, cost assistance to low and moderate income homeb,uyers. Staff anticipates the receipt of program income in the 2012-2013 Program Year from activities using HOME funds., Any future program income will be used for the Gig's Homebuyer Assistance Program (HAP) after the 10 percent allocation, excluding recapture, for HOME General Administration., For Program Year 2012-2,013, the $532,857.00 in E grant funds is recommended to be allocated as follows* Allocation to non-profit,service providers -$492,892.72 AllocatJon to ESG program administration, -$3%9164.28 For Program Year 2012-,2,013, the $942,706.010 in HO,PWA grant funds is recommended to be allocated as follows- Allocation to non-profit,serviice providers -$914,424.82 Allocafilon to HOPWA program administration -$28,281.118 The CDC and Staff recommend that contracts be executed with the agencies listed below in the amounts shown, in, the following tables: Comimulnft i — 10 -Wevelooment-aWck Qrartt* Table 11 1-CDBG Agencies Organizabon Program Amount littp-//apps.c,fwnet.org/counelI iew.as,p?I17008,&counc*ildate=8/7/2012 1' /27/2012 _placket/mc-rev D= M&C eview Page 4 of 5 Diamond Hill and Camp Fire USA First Texas Council Northside Station $ 751900.00 Volunteer Advocate CASH of Tarrant,County, I'nc. Training $ 30110001.00, Substance Abuse Cenikior Foundation Treatment $ 757000.0101 Clayton Child Care. Inc. d/b/a Clayton YES! School Age Child Care $ 751100101.001 New Life Center/Promise. Cornerstone Assistance Network Ho,uise $ 75,000-00 Cultural Arts Center GE D in Spanish $, 30,000-00 Day Resource Center for the Homieless, Couniseling Services and Case Management $ 3118018.50 The Ladder Alliance, Emplolymient Training $ 751000.00 Mental Health Association of Tarrant Long Te:rml Care County Ombudsman $ 75,000.85 Good Works/Buenas, Northside Inter-Church Agency, Inc. 01bras, $ 751000.00 Senior Citizen Services of Greater Transportation for Tarrant County Seniors $ 75,000.001 Community Tarrant Area Food Bank Kitchen/Meals $ 75,1000.00 Child Development YWCA Fort,Worth &Tarrant County Program $ 75,000.00 YWCA Fort Worth &Tarrant County, Power of Self 01 8:0 8.5 0 CDBG Public Service Subtotal $ 74,51 .85 REACH Resource Center on Independent Living i Project Ramp $ 0010 00, TOTAL CDBG! Contracts $ 9240617.85 Emer encv Solutions Grants. Table 2 - ESG Agencies Organization Program Amount Prevention and Rapid Catholic Charities,of Fort Worth Re-Housing $ 381178.52 Community Action C,FW.* Parks and Community Services Partners $ 75,000.00 The Emergency Shelter Presbyterian Night Shelter Program $11671892.72 Shelter Operations and SafeHaven of Tarrant County Rapid Re-Housing $ 1751,000.00 Counseling Services and Daly Resource Center Case Management $ 3611821.48 TOTAL ESG,Contracts, 4921,892.72 Housing Q I OR "ortunit"es For Persons With AIDS- Table 3 -HIOP,WA Agencies Organization Program Amount AIDS Outreach Center, Inc. Adlministratio,n (three percent), $612,7518.90 Supportive Services, TBRA, and STRMU Tarrant County Samaritan H'ousing, Inc. Administration (three percent), Supportive Services, and TBRA $ 3 1 5.92 TOTAL HOPWA Contracts $ 9140424-82 These programs are alvaillable in ALL COUNCIL DISTRICTS. h apps.cfwnet.org/counc*l lew-asp 1 _packet/me—rev' ?ID=1 x008&ceun ci1date=8/712012 ]1/27/2012 C Review Page 5 of 5 FISCAL II IF'ORMAriON/C ERT'IF'IC A TION The Financial Management Services Director certifies that upon approval of the above. recommendations, adoption of the attached appropriation ordinance and receipt of grant funds, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROG 1=unwd ►ccount C enters GR76 451727 017 628OXXXI $5,830,119.00 _G T6 451 727 017206281XXX. X 1.973.169.00 GR.765XXXXX $1,973,1,69-00 172 062 1 XX GR 6 5XXXXX 01'7206283XXX $532,857.00 GR76 451.X27 C 17 62 4XXX $ 4Z 7"06- GR76 _51_65 01720628OXXX 50 C . QR76 451727 0172016283XXX K32,B �`ubnnitte+d for l ,na.�er� C " ce y Fernando Costa (6122) r i ig Department Head: Jay Cpl apa (5804) Additional ional Informat C n Contact: C ntl ia Garcia (818,7) Avis F. Chaisson (6342) ATTACHMENTS HMENTS 17HUDACTPLANPY12-13 A012 VGfj)-doc 2 1 13 ction lanFundi Recolmmenda�tioins.pOf List of,Selected Streets for._20,12-2013�d http-Happs.cfwnet.org/counci _packet/mc rev iew.,asp?ID=1700 Mcounci Idatc /7/2 12 H127/2012