HomeMy WebLinkAboutContract 31213 CITY SECRETARY
,,ONTRACT NO.
FIRST AMENDMENT TO
CITY SECRETARY CONTRACT NO. 29201
WHEREAS, on October 23, 2003, the City of Fort Worth (the "City") and Near
Southeast Community Development Corporation ("Contractor") made and entered into City
Secretary Contract No. 29201 (the "contract") as authorized by M&C C-19803 adopted by the
City Council on October 7, 2003;
WHEREAS, City and Contractor previously entered into City Secretary Contract 23064
as authorized by M&C C-161847 adopted by the City Council on July 18, 1997 for a term
beginning September 8, 1997 and ending September 7, 1999. This contract provided funding to
Contractor pursuant to a grant received from the United States Department of Housing and
Urban Development ("HUD") through the Community Development Block Grant ("CDBG")
Program No. B-97-MC-48-0010, Catalog of Federal Domestic Assistance ("CFDA")No. 14.218,
to implement a comprehensive strategy for revitalization of the Near Southeast Model Blocks
neighborhood;
WHEREAS, City and Contractor amended City Secretary Contract No. 23064 through
City Secretary Contract Amendments Nos. 24705, 25613, 26666, and 27627 to provide
additional funds and additional time for NSECDC to complete its program objectives;
WHEREAS, City Secretary Contract No. 23064, as amended and extended, expired on
April 21, 2003 with a balance of$142,047.27 in funds remaining. City and Contractor made and
entered into City Secretary Contract No. 29201 to allow Contractor to complete its outstanding
housing and economic development obligations and to complete the rehabilitation and sale of
three(3)more houses and the development of office space for economic development purposes;
WHEREAS, City Secretary Contract No. 29201 expired by its terms on October 22,
2004;
WHEREAS, City Secretary Contract No. 29201, allows for an extension for up to a one-
year term to meet the project goals; and
WHEREAS, it is the mutual desire of City and Contractor to extend Contract No. 29201
to meet project goals.
NOW, THEREFORE, 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
Contractor, whose address is 906 E. Leuda St., Fort Worth TX 76104, acting by and through
Shirley Lewis, its duly authorized Executive Director, do hereby agree as follows:
I.
2. Duration This section is amended to be and read as follows:
CONTRACT AMENDMENT CSC NO. 29201 Pa[e
Near Southeast Community Development Corporation Rev: 01-0 -OS,r � �,,
"This contract is extended for an additional one (1) year term beginning on the date of
execution of this contract amendment".
II.
10. Uniform Administrative Requirements and Cost Principles
iv. Audits and Inspections. The second paragraph of this section is amended to be and read as
follows:
"(2). All non-federal entities that expend$500,000 or more in federal funds within one year,
regardless of the source of the Federal award, must submit an annual audit to City 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
or any amendment hereto. The audit must be prepared by an independent certified public
accountant, be completed within twelve (12) months following the end of the period being
audited and be submitted to City within thirty(30) days of its completion. Contractor's audit
certification is attached hereto as Exhibit E -Audit Certification Form and City Housing
Department Audit Requirements. The Audit Certification Form must be submitted to City
within sixty(60) days of the end of period being audited (Contractor's fiscal year). Costs 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.
Non-profit entities that expend less than $300,000 a year in Federal funds are exempt from
Federal audit requirements for that year, but records must be available for review or audit by
officials of the appropriate Federal agency, City, and General Accounting Office ("GAO"Y'
III.
14. Prohibition Azainst Discrimination The first full paragraph of this section is amended to
be and read as follows:
"a. Generally
Contractor, in the execution, performance or attempted performance of this
contract, 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."
IV.
23. Miscellaneous Provisions This section is amended to be and read as follows by
adding the following paragraphs:
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 (1) deposit in a
CONTRACT AMENDMENT -CSC NO. 29201 1 a
Near Southeast Community Development Corporation Rev: 01-)5-07'.,
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 or at such other address 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,
operation, 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. Contractor 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.
V.
The contract is amended to be and read as follows by adding Section 24:
24. Indemnification and Release
CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS
AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS
OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE
OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED
HEREIN, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS OR SUBCONTRACTORS OF CITY; AND CONTRACTOR
HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS
OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL
CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER
KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF
OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NON-PERFORMANCE OF THIS CONTRACT AND
AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF
THE PROGRAMS DESCRIBED HEREIN, WHETHER OR NOT CAUSED IN
WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY.
CONTRACTOR LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY
INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL
INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT
OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF CONTRACTOR, ITS
CONTRACT AMENDMENT— CSC NO. 29201 Page 3
Near Southeast Community Development Corporation Rev: 01-05-05
OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS,
INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS, OR CAUSED, IN
WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY.
IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH CONTRACTOR AND
CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION INCLUDES
INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PAROTECT CITY FROM
THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT
NECLIGENCE IS ALLEDGED TO BE THE SOLE OR CONCURRING CAUSE OF
THE INJURY, DAMAGE OR DEATH.
CONTRACTOR AGRESS TO AND SHALL 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.
CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO
INCLUDE IN THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR
OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE.
VI.
Exhibit E attached to the contract is hereby replaced with the Exhibit E attached hereto.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
CONTRACT AMENDMENT—CSC NO. 29201 ria 4:
Near Southeast Community Development Corporation Rev: 01
IN WITNESS WHEREOF, the parties hereto have executed four copies of this Contract
extension in Fort Worth, Tarrant County, Texas, this a day of, (, A.D. 2000'
ATTEST: _ CITY OF RT WO
_ By:
City Secretary Dale . Fisseler, ` Assistant
City Manager
APPROVED AS TO FORM AND LEGALITY
r
Asst. City Attorney
NEAR SOUTHEAST COMMUNITY
DEVELOPMENT CORPORATION
Aut ori.zratioi
II _ By:
_.L.. _� hirley L , Executive Director
_t
Ef ,:,
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Dale A. Fisseler, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the
City of Fort Worth and that he executed the same as the act of said City of Fort Worth for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this A4•2� day of
, A.D. 200 : S
�PaY.P�a ROSELLA BARNES
~` N®TARY PUBLIC �t✓�� c-,iv�<�
state Texas Notary Public in and for the State of Texas
••+TF OF"�+"•C;omm, Exp. 03-31-2005
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Shirley Lewis, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of
Near Southeast Community Development Corp. and that she executed the same as the act of said
Near Southeast Community Development Corp. for the purposes and consideration therein
expressed and in the capacity therein stated as its duly authorized officer or representative.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,G day of
A.D. 2004.
,�'��P� " LINDA LOYD CAMERON '
z Notary Public,State of Texas
y+ � My Commission Expires
December 20,2006
Notary Public in and for the State of Texas
14 • .
EXHIBIT E
CITY OF FORT WORTH HOUSING DEPARTMENT
Audit Certification Form
Subrecipient: Fiscal Year Ending:
Mo Day Yr
❑ We have exceeded the federal expenditure threshold of $500,000. We will
have our Single Audit or Program Specific Audit completed and will submit
the audit report within nine (9) months after the end of the audited fiscal
year.
❑ We did not exceed the $500,000 federal expenditure threshold required for
a Single Audit or a Program Specific Audit to be performed this fiscal year..(Fill
out schedule below)
Federal Expenditure Disclosure
Federal Funds
Must be filled out if Single Audit or Program Audit is not required:
Pass Through Program Name & Contract
Federal Grantor Grantor CFDA Number Number Expenditures
Total Federal Expenditures for this Fiscal Year $
Printed Name Title (Must be CFO, CEO or equivalent)
Authorized Signature (Must be CFO, CEO or equivalent) Phone Number Date
Failure to submit this or a similar statement or failure to submit a completed
single audit package as described in the audit requirements by the required due
date will result in suspension of funding and will affect eligibility for future funding.
Submit this form to the City of Fort Worth within 60 days after the end of your Fiscal year
F ,l �
CITY OF FORT WORTH HOUSING DEPARTMENT
AUDIT REQUIREMENTS
Organizations expending $500,000 or more in federal awards (from City of Fort
Worth and other funding sources) during their fiscal years shall obtain either an
annual single audit or a program specific audit. Organizations may have a
program specific audit in accordance with OMB Circular A-133 if they
expended funds for only one federal program as listed in the Catalog of
Federal Domestic Assistance (CFDA). If funds are spent for more than one
federal program, a single audit is required. The audited time period is the
organization's fiscal year, and not the City of Fort Worth's funding period.
The audit shall be conducted by a certified public accountant (CPA) that is
licensed at the time of the audit by the appropriate regulatory body. The CPA
shall meet all of the general standards concerning, qualifications,
independence, due professional care and quality control as required by
Government Auditing Standards, including the requirements for continuing
professional education and external peer reviews. Auditor selection must
adhere to federal procurement.requirements.
A separate supplementary schedule of revenues, expenditures and
changes in fund balance for each City of Fort Worth contract is no longer
required. The Schedule of Expenditures of Federal Awards should list City of
Fort Worth 's contract numbers, the total expended for each individual
federal program, and the CFDA number (OMB A-133 § .310).
The independent auditor's report should include all of the relevant items
listed on the "Audit Report Checklist." Additional guidance on the conduct and
reporting of these audits is contained in the latest issuance of the following
publications:
Govemment Auditing Standards issued by the Comptroller General of the United States,
2003
OMB Circular A-133 as revised 6/30/97 and amended June 2003
OMB Circular A-133 Compliance Supplement
AICPA's Statement of Position 98-3, "Audits of States, Local Governments, and
Not-for-Profit Organizations Receiving Federal Awards"
Various AICPA audit guides for nonprofits, colleges and universities and health
and welfare organizations
AICPA's Audit Risk Alert "State and Local Governmental Developments"
All organizations that receive a City of Fort Worth award must submit the
provided Audit Certification Form which certifies whether you are subject to a
single/program audit. Organizations receiving federal awards from the City of
Fort Worth who are not required to have an audit shall certify in writing to the
agency. The organizations Chief Executive Officer or Chief Financial Officer
shall make the certification within 60 days of the end of the organization's
fiscal year.
The following items should be submitted to the City of Fort Worth Housing
Department within the required timeframe:
Due 60 days after orgbnization's fiscal year end: (required for all subrecipients)
• Completed Audit Certification Form
Due within the earlier of 30 days after receipt of the auditor's report or nine months
after the end of the audit period.
• Two copies of the entire audit report issued by the CPA
• Two copies of any management letter issued by the CPA in
conjunction with the audit report
• Two copies of management's comments on all findings,
recommendations, & questioned costs contained in the audit
report and management letter, including a detailed corrective
action plan
Failure to submit any of these items by the required due date may result in
holds on current draw requests, suspension of the organization's contract(s)
and eligibility for future funding.
If the organization does not meet the requirements of having a
single/program audit conducted, records must still be kept available for review
or audit by City of Fort Worth staff (OMB A-133 Subpart B Sec 200(d).
If additional information is needed concerning the audit requirements, please
call (817) 392-6141.
CITY OF FORT WORTH HOUSING DEPARTMENT
SINGLE AUDIT REPORT CHECKLIST
The Department developed this checklist to help organizations improve the quality
and completeness of audit reports.
General Purpose or Basic Financial Statements of the Organization Opinion/Report on
Organization's Financial Statements in accordance with Government Auditing
Standards
Notes to the General Purpose or Basic Financial Statements of the Organization
A Schedule of Expenditures of Federal Awards including the Department's
contract numbers, the total expended fdr the federal program, and the CFDA
number (OMB A-133 Subpart C Sec 310).
Opinion/Report on Schedule of Expenditures of Federal and State Awards
Report on Compliance and on Internals Control Over Financial Reportinq_Based on
an Audit of Financial Statements Performed in Accordance , With
Government Auditing Standards. (OMB A-133 § 505 (b))
Report on Compliance with Requirements Applicable to Each Major Program
and Internal Control over Compliance. in Accordance with OMB Circular A-133.
(OMB A-133 § 505 (c))
Schedule of Findings and Questioned Costs (OMB A-133 §. 505d), including:
Summary Schedule of Prior Audit Findings reporting the status of all findings
included in the prior audit's schedule of-findings and questioned costs. (OMB A-
133 Sed. 315 (a) and (b))
Corrective Action Plan including (OMB A-133 Sec. 315 (c)) name of person
responsible for the corrective action, corrective action planned,
anticipated completion date, and explanation and reason if auditee does not
agree with findings or believes correction is not required.
All reports are signed and dated by the auditor
Two copies of the audit reports are submitted
Two copies of the management letter, if issued in conjunction with the audit
report Two copies of comments by management concerning all
findings and recommendations included in management
including a corrective action plan r
l a
S AIM " % FO(tT WO TH
Siam._
Print M&C
COUNCIL ACTION: Approved on 10/7/2003
DATE: 10/7/2003 REFERENCE NO.: **C-19803 LOG NAME: 05NSECONTRACT1
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Community Development Block Grant Contract with the Near Southeast Community
Development Corporation
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a contract with the Near Southeast Community Development
Corporation, Inc. for one year in an amount not to exceed $142,047.27; and
2. Amend, extend or renew the contract, if necessary, to achieve project goals provided that the
amendment, extension or renewal is within the scope of the project and in compliance with applicable laws
and regulations.
DISCUSSION:
The Near Southeast Community Development Corporation (NSECDC) is the development arm of the Near
Southeast Model Blocks. After receiving the $1.2 million award, the Model Blocks residents created and
empowered the NSECDC to carry out, on their behalf, community development activities including housing
and economic development projects.
On July 18, 1997 (M&C C-161847), the City Council authorized $414,500.00 in Community Development
Block Grant (CDBG) funds as part of the $1.2 million allocation to the Near Southeast Model Blocks. The
City of Fort Worth contracted these funds with the NSECDC on September 8, 1997, through City Secretary
Contract No. 23064. That contract was later amended by City Secretary Contract No. 24705, which added
$151,701.00, and thus gave the NSECDC a total of$566,201.00. Those funds were approved for the
NSECDC to undertake economic development activities, acquire, rehab and sell 5 houses to first-time
homebuyers, and acquire 15 vacant lots for future housing development activities. On April 22, 2002, the
agreement to complete all the projects was extended for one year through City Secretary Contract No.
27627.
City Secretary Contract No. 27627 expired on April 21, 2003, with a balance of$142,047.27. The NSECDC
has requested a new contract to help it complete outstanding housing and economic development obligations
initiated through City Secretary Contract No. 27627. The balance will be used to complete the rehabilitation
and sale of 3 more houses, and the development of office space for economic development purposes in the
Near Southeast Model Blocks.
The contract with the NSECDC was endorsed by the Housing and Workforce Development Committee at
their July 15, 2003 meeting.
The Near Southeast Model Blocks are located in COUNCIL DISTRICT 8.
FISCAL-INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the
Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 539120 005206132860 $1,877.35
GR76 539120 005206132830 $98,877.49
GR76 539120 005206132850 $41,292.43
Submitted for City Manager's Office by. Reid Rector (6140)
Originating Department Head: Jerome C Walker (7537)
Additional Information Contact: Jerome C Walker (7537)
Elizee Michel (7336)
ATTACHMENTS