HomeMy WebLinkAboutContract 30400 aASECRETAFJ,y
STATE OF TEXAS §
COUNTY OF TARR.A.NT §
THIS contract("Contract")is made and entered into between the City of Fort Worth("City"),acting by
and through Dale A. Fisseler, its duly authorized Acting Assistant City Manager, and REACH, Inc.
("REACH"), acting by and through Charlotte A. Stewart, its duly authorized Executive Director).
REACH's business address is 1205 Lake St., Fort Worth 76102.
WHEREAS, the City of Fort Worth has received grant monies from the United States Department of
Housing and Urban Development("HUD")through the Community Development Block Grant("CDBG")
Program No. B-04-MC-48-0010;
WHEREAS, one of the national objectives of the CDBG Program is to benefit low and moderate
income citizens of Fort Worth (the"National Objective");
WHEREAS, the Catalog of Federal Domestic Assistance("CFDA")assigned Community Development
Block Grants/Entitlement Grants number 14.218; and
WHEREAS, the citizens of the City,the Community Development Council,and the City Council have
determined that residential wheelchair ramps are needed by City's low and moderate income, mobility
impaired citizens.
NOW,THEREFORE,THIS AGREEMENT FURTHER WITNESSETH:
THAT, the Parties covenant and agree as follows:
1. Scope of Services
a. REACH will assist very low-to low-income persons with mobility impairments towards independent
living in a residential setting and gainful employment by constructing wheelchair ramps at the
residences of mobility-impaired citizens. The program will be conducted within the City limits under
the program name"Project RAMP" ("Program").
b. The term of the Contract shall be for one(1)year begiiuung June 1,2004, and ending May 31,2005.
This Contract may be extended for an additional one (1) one-year term. REACH shall request the
extension in writing at least sixty(60)days prior to the end of the Contract term. The City may approve
the extension of the Contract for another one (1) year term. It is specifically understood that it is the
City's sole discretion whether to approve or deny the request for an additional term..
c. REACH will provide the services and activities as set forth in Exhibit A-Program Summary in
accordance with Exhibit B-Implementation Schedule.
d. REACH 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.
e. City will monitor and evaluate REACH's performance using the goals and performance standards
required in this Contract. Substandard performance as determined by City monitoring will constitute
non-compliance with this Contract. If action to correct such substandard performs,1111not to b .
REACH within a reasonable period of time after being notified in writing by �zty�<` wroceds,m1Ca
suspend or terminate the Contract will be initiated. : ,n
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2. Compensation and Method ofPayment
a. City will disburse CDBG Year XXX funds ("CDBG Funds") in an amount up to NINETEEN
THOUSAND SIX HUNDRED EIGHTY-THREE AND NO/100DOLLARS ($19,683)to REACH on
reimbursement of expenses basis.
b. Payment will be processed by City following receipt from REACH of the following monthly
financial documents: (1)Attachment I-Sub-Grantee's Request For Funds,(2)Attachment 11-Detail
Statement of Costs, and (3)Attachment III-Expenditures Worksheet Report.Payment of eligible
expenses shall be made against the line item budget specified in Exhibit C-Program Budget and in
accordance with performance specified in Exhibit B-Implementation Schedule.
c. REACH agrees to utilize all disbursed CDBG Funds for the benefit of the Program. REACH agrees
that funds will be expended in accordance with the Program Budget. REACH may not increase or
decrease line-item amounts in the approved CDBG Funds portion of the Program Budget without prior
written approval by the City,
d. It is understood that the total cost for operation of the Program is THIRTY-SIX THOUSAND
FORTY AND NO/100 ($36,040)and that REACH will obtain from other sources the remaining funds
in excess of the CDBG Funds as detailed in the Program Budget. REACH will notify City promptly of
any additional funds it receives for operation of the Program, and City reserves the right to amend the
Program Budget in such instances.
e. REACH agrees to keep all CDBG Funds on hand in interest bearing accounts. All interest earned
shall be reported to City on a monthly basis, at the same time as submission of the monthly report
following the end of the Contract month during which the interest was earned. Interest in an amount of
$25.00 or less per month may be used for authorized Program expenses. These amounts must be
reported on the monthly financial statements filed pursuant to this Contract. Interest earned in excess of
$25.00 per month is subject to remittance to City as directed by City.
f. REACH will not commingle CDBG Funds with any other funds in any manner that would prevent
City from readily identifying expenditures for operation of the Program.
3. Uniform Administrative Requirements and Program Management Standards
a. Financial Management
i. Accounting Standards
REACH agrees to comply with 24 CFR Part 84 and agrees to adhere to the accounting principles
and procedures required therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
ii. Cost Principles
REACH shall administer the Program in conformance with OMB Circular A-122, "Cost Principles
for Non-Profit Organizations" and attachments and revisions thereto, regarding principles for
determining costs for the Program.
b. Documentation and Record Keeping
i. Requirement
REACH shall maintain all records pertinent to the activities to be funded under this Contract
required by HUD regulations in 24 CFRPart570.506. In addition,REACH agrees to keep records
to fully document all expenditures charged to the CDBG portion of the Program. The
documentation must support the amounts charged to the Program and demonstrate that the
expenditures were appropriate to the stated goals of the Program and allowable ""'de' 'p, pti...............................................
Federal, state and City guidelines.
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ii. Retention
(1) All records pertaining to the Program shall be retained for five (5) years following the
termination of this Contract. REACH may destroy Program records at the end of this five(5)year
period if no outstanding audit finding exists.
(2) REACH will retain Program loan records until (5) years after the expiration of the loan.
iii. Real Property Records
The REACH shall maintain real property inventory records that clearly identify properties
purchased,improved, or sold. Properties retained shall meet eligibility criteria and shall conform to
the requirements of 24 CFR Part 570.505.
iv. Close Outs
REACH's obligation to City shall not end until all closeout requirements are completed. Activities
during this closeout period shall include,but are not limited to: making final payments,disposing of
Program assets (including the 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) City,HUD,and the United States Comptroller General,or their representatives,shall each have
access to any books,documents,records and papers relating to the operations of REACH under this
Contract for the purpose of audit, examination,exception and transcription at all reasonable hours at
all offices of REACH.
(2) All non-federal entities that expend $300,000 or more in Federal funds within one (1) year,
regardless of the source of the Federal award, must submit to City an annual audit prepared in
accordance with specific reference to OMB Circular A-133,"Audits of States,Local Governments,
and Non-Profit Organizations". The audit may cover either REACH's fiscal year during which this
Contract is in force or cover the period of this Contract. The audit must be prepared by an
independent certified public accountant,be completed within twelve(12)months following the end
of the period being audited and be submitted to City within thirty (30) days of its completion.
REACH's audit certification is attached hereto as Exhibit D - Audit Certification Form and
Audit requirements. The Audit Certification Form must be submitted to City within sixty(60)
days of the end of period being audited (REACH'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 REACH'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 appropriate officials of the Federal agency, City,
and General Accounting Office ("GAO').
(3) City reserves the right to perform an audit of REACH's program operations and finances at any
time during the term of this Contract, if City determines that such audit is necessary for City's
compliance with OMB Circular A-133. REACH agrees to allow access to all relevant materials. If
such audit reveals a questioned practice or expenditure, such questions must be resolved within
fifteen (15) days after notice to REACH. If questions are not resolved within this period, City
reserves the right to withhold further funding under this and/or future contract(s) with REACH.
(4) If as a result of any audit it is determined that REACH has misused, misapplied or
misappropriated all or any part of the CD'BG Funds described herein,REACH agrees to reimburse
City the amount of such monies so misused,misapplied or misappropriated,plus the amount of any
sanction, penalty or other charge levied against City because of such misuse, misapplication or
misappropriation.
4. Reporting Procedures
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a. Program Income
REACH agrees that all program income from operation of the Program in proportion to the amount of
CDBG Funds received hereunder will be expended prior to expending CDBG Funds and that any such
program income is subject to the terms of this Contract. REACH may expend CDBG Funds only if
program income is insufficient to meet all eligible program activity expenses. REACH agrees to retain
to City at the end of the Contract any remaining program income earned from operation of the Program
in proportion to the amount of CDBG Funds in the Program Budget.
b. Progress Reports
REACH will submit to City on a monthly basis: (1) Attachment IV and (2) Attachment IVa,
Performance Report for services and activities undertaken by REACH in performance of this Contract.
The report will be signed by a duly authorized agent of REACH and submitted by the 151h of the
month following the month that is reported. City is under no obligation to disburse funds for
expenditures that occurred prior to the first day of the month for which the report is submitted.
c. Procurement
1. Compliance
REACH shall comply with City policy concerning the purchase of equipment and shall maintain
inventory records of all non-expendable personal property, as defined by such policy,procured with
funds provided under this Contract.
ii. OMB Standards
REACH shall procure all materials,property,or services in accordance with the requirements of 24
CFR Part 84,Procurement Standards and Property Management Standards as modified by 24 CFR
Part 570.502(b)(6), covering utilization and disposal of property.
5. Reversion of Assets
a. REACH agrees to return to City any CDBG Funds remaining on hand at the end of the Contract.
b. All property purchased with CDBG Funds under this Contract will be used solely for operation of the
Program.REACH agrees to obtain City approval prior to purchase of property. REACH agrees to notify
City upon receipt of property so that it may be properly tagged and inventoried. Title to such property
will be vested with the City, and, at the termination of the Program for which CDBG funds have been
received, REACH will deliver all such property to City for disposition at City's sole discretion.
6. Lead Based Paint Requirements
a. All inspection and abatement work shall be carried out by contractors and workers certified and
trained under the Texas Department of Health,Environmental Lead Branch. This includes inspectors,
risk assessors, abatement and hazard reduction contractors. s.
b. A written certification must be on file with the City of Fort Worth Lead Hazard Program that certifies
all firms, abatement supervisors, lead workers, inspectors, and risk assessors working in the HUD-
funded Lead Based Paint Hazard Control Grant are certified under the laws and regulations of the State
of Texas Department of Health, Environmental Lead Branch.
c. REACH and all contractors shall comply with appropriate HUD and EPA regulations regarding lead-
based paint notification, disclosure, or work practices during lead hazard control activities.
d. REACH and all contractors shall prohibit the use of open-flame burning, chemical strippers
containing methylene chloride,dry scraping,uncontained hydroblasting or hydrowashing,uncontained
abrasive blasting,machine sanding without HEPA attachments or heat stripping above 1104°F as,work
practices
1 0°Fas,workpractices at anytime.
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e. REACH and all contractors shall dispose of waste resulting from lead hazard control activities in
accordance with the requirements of the appropriate local, State and Federal regulatory agencies.
REACH or subcontractors must handle disposal of wastes from hazard control activities that contain
lead-based paint, but are not classified as hazardous, in accordance with State or local law or the HUD
Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing
f. City's Housing Department will conduct a clearance, or final inspection of the work performed.
7. Applicable Laws
a. Federal
REACH 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:
• Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.)
• Title VIE of the Civil Rights Act of 1968 (42 USC 3601 et seq.)
• Executive Orders 11063 and 11246, as amended by Executive Orders 11375 and 12086 and as
supplemented by41 CFR Part 60
• The Age Discrimination in Employment Act of 1967 (29 USC621 et seq.)
• The Age Discrimination Act of 1975 (42 USC 6 101 et seq.)
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• Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part 8 where
applicable
• The Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.), specifically including
the provisions requiring employer verification of the legal status of its employees
• The Housing and Community Development Act of 1987 (42 USC 5301 et seq.)
• The Americans with Disabilities Act of 1990 (42 USC 12101 et seq.)
• Drug Free Workplace Act of 1988 (41 USC 701 et seq.) and 24 CFR part 23, Subpart F
• Regulations as 24 CFR Part 87 related to lobbying, including the requirement that certifications
and disclosures be obtained from all covered persons
• Executive Order 12549 and 24 CFR Part 5.1050 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 assisted under a program providing
direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that
the following clause be inserted in all covered contracts ("Section 3 Clause"):
"A. The work to be performed under this contract is subject to the requirements of section 3 of
the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu(section 3). The
purpose of Section 3 is to ensure that employment and other economic opportunities generated by
HUD assistance or HUD-assisted projects covered by Section 3,shall,to the greatest extent feasible,
be directed to low- and very low-income persons, particularly persons who are recipients of HUD
assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which
implement Section 3. As evidenced by their execution of this contract, the parties to this contract
certify that they are under no contractual or other impediment that would prevent them from
complying with the Part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with which
the contractor has a collective bargaining agreement or other understanding,if any,a,,,nota c,e,,adv,is,iiig
the labor organization or workers'representative of the contractor's comniitmis ... e'r this his,section
Rev. 8-16-04
3 clause, and will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.The notice shall
describe the Section 3 preference, shall set forth minimum number and job titles subject to hire,
availability of apprenticeship and training positions, the qualifications for each; and the name and
location of the person(s) taking applications for each of the positions; and the anticipated date the
work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance
with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an
applicable provision of the subcontract or in this Section 3 clause, upon a finding that the
subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not
subcontract with any subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR Part 135.
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 to be directed,were not filled to circumvent the contractor's obligations under 24 CFR
Part 135.
F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,termination
of this contract for default, and debarment or suspension from future HUD assisted contracts.
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 (ii) preference in the award of contracts and subcontracts shall be given to Indian
organizations and Indian-owned Economic Enterprises.Parties to this contract that are subject to the
provisions of section 3 and section 7(b) agree to comply with Section 3 to the maximum extent
feasible, but not in derogation of compliance with section 7(b)."
REACH will comply with the provisions of Section 3 and the regulations in 24 CFR Part 135, and
all applicable rules and orders issued thereunder, REACH certifies and agrees that it is under no
contractual or other impediment that would prevent it from complying with these requirements.
REACH agrees that it will send to each labor organization or representative of workers with which it has
a collective bargaining agreement or other contract or understanding, if any, a notice advising the said
labor organization or workers'representatives of its commitments under this Section 3 Clause and shall
post copies of the notice in conspicuous places available to employees and applicants for employment or
training.
REACH agrees that it will include the Section 3 Clause in every subcontract for work m connection
with the Program and will, at direction of City, take appropriate action pursuant to such subcontract
upon a finding that any subcontractor is in violation of regulations pertaining to Section 3. REACH
agrees that it will not subcontract with any subcontractor where it has knowledge that the latter has been
found in violation of regulations under 24 CFR 135 and will not let any contract unless the
subcontractor has first provided REACH with a preliminary statement of ability to comply with the
requirements of these regulations.
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City and REACH understand and agree that compliance with the provisions of Section 3, the-""""
regulations set forth in 24 CFR Part 135,and all applicable rules and orders of HUD shall-be,apo affiii6n,
of the Federal financial assistance provided to the Program,binding upon the City abd th6,REACF(j,,,,at
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their respective successors,assigns and subcontractors. Failure to fulfill these requirements shall subject
REACH and its subcontractors, and their respective successors and assigns,to those sanctions specified
by the Grant Agreement through which Federal assistance is provided and to such sanctions as are
specified by 24 CFR Part 135.
c. Other Laws
REACH 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 and regulations and the
Housing and Community Development Act of 1974(42 USC 5301 el seq.), as amended, and all related
regulations. REACH further promises and agrees that it has read, and is familiar with, terms and
conditions of the Community Development Block Grant under which CDBG Funds are granted and that
it will fully comply with them. It is agreed and understood that, if City notifies REACH of any such
violation on the part of REACH or any of its officers, members, agents, employees, Program
participants or subcontractors, then REACH shall immediately desist from and correct such violation.
8. Nondiscrimination
a.REACH will not unlawfully discriminate against any person or persons because of sex,race,religion,
age, disability, color,national origin, or familial status, nor will REACH permit its officers,members,
agents, employees, subcontractors or Program participants to engage in such discrimination.
b. REACH 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
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employment, advancement or discharge of employees or in connection with the terms, conditions or
privileges of their employment,discriminate against persons because of their age except on the basis of
bona fide occupational qualification, retirement plan or statutory requirement.
c.REACH further covenants that neither it nor 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.
d. In accordance with the provisions of the Americans With Disabilities Act of 1990("ADA"),REACH
warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of
disability in the provision of ser-vices to the general public, nor in the availability, terms and/or
conditions of employment for applicants for employment with REACH,or employees of REACH or any
of its subcontractors. REACH warrants it will fully comply with the 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 REACH'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 Contact 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
REACH hereby covenants and agrees that REACH, 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 by
either REACH or its officers, members, agents, employees or subcontractors. ..........- ..........
. .... ...........
9. Prohibition Against Interest
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a. No member,officer or employee of City or its designees or agents;no member of the governing body
of the locality in which the 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. REACH shall incorporate,or
cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts entered
into in connection with the Program.
b. No member,officer, employee, or Program participant of REACH 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 REACH of any land, materials, supplies or
services purchased with any CDBG Funds transferred hereunder, except on behalf of REACH, as an
officer, employee, member or Program participant. Any willful violation of this paragraph with the
knowledge, expressed or implied,of REACH or its subcontractors shall render this Contract voidable by
the City,
10. Minority and Women Business Enterprise Commitment
REACH agrees to abide by the City 's policy to involve Minority and Women Business Enterprises
("MWBEs") in all phases of its procurement practices and to provide them an equal opportunity to
compete for contracts for construction, provision of professional services, purchase of equipment and
supplies and provision of other services required by City. REACH agrees to incorporate City Ordinance
No. 11923, and all amendments or successor policies thereto,into all contracts and will further require
all persons or entities with whom it contracts to comply with said ordinance.
11. NonAssignment
No delegation of duties under this Contract by REACH shall be effective without City's prior written
approval. Any purported assignment without such approval will be a breach of this Contract and void in
all respects.
12. Independent Contractor
a. REACH shall operate hereunder as an independent contractor and not as an officer, agent,servant or
employee of City. REACH 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 invitees. The doctrine of respondeat superior shall
not apply as between City and REACH, 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 REACH. It is expressly understood and
agreed that no officer,member, agent, employee,subcontractor, licensee or Invitee of the REACH,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 REACH, its officers, members, agents,
employees, subcontractors, Program participants, licensees or invitees.
b. City shall in no way members,nor under any employees,circumstances be responsible for any prope y
REACH, its officers, agentsmployees, subcontractors, Program par-ticipaii,t§,�,I,icesee�l',6t.',''
invitees,which maybe lost,stolen,destroyed or in anyway damaged;and REACH fiereb, m mde'':'"m"6'
yes,
Rev. 8-16'04,'
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and holds harmless City and its officers, agents, and employees from and against any and all claims or
suits.
13. .Indemnifreation and Release
NNPC 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 INJUiRY, 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 NNPC 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. NNPC 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 NNPC, ITS 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 NNPC AND CITY,THAT THE
INDEMNITY PROVIDED FOR IN THIS SECTION INCLUDES INDEMNITY BY NNPC 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.
REACH 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.
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REACH 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.
14. Insurance and Bondin
a. REACH will maintain blanket fidelity coverage in the form of an insurance bond in the amount of
$19,683 or more to insure against loss from the fraud, theft or dishonesty of any of REACH's officers,
agents,trustees,directors or employees. The proceeds of such bond shall be used to reimburse City for
any and all loss of CDGB Funds occasioned by such misconduct. To effectuate such reimbursement,
such bond shall include a rider stating that reimbursement for any loss or losses thereunder shall be
made directly to City for the use and benefit of REACH.
b. REACH shall furnish to City, in a timely manner,certificates of insurance as proof that it has secured
and paid for policies of commercial insurance as specified herein. Such insurance shall cover all
insurable risks incident to or in connection with the execution,performance, attempted performance or
nonperformance of this Contract. REACH shall maintain the following coverages and limits thereof.
i. Commercial General Liability Insurance
$500,000 each occurrence
$1,000,000 aggregate limit
ii. Business Automobile Liability Insurance
$1,000,000 each accident on a combined single-limit basis, or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
$2,000,000 Aggregate
Insurance policy shall be endorsed to cover"Any Auto".
Pending availability of the following coverage, and at the discretion of REACH, the policy shall be
the primary responding insurance policy versus a personal auto insurance policy if or when in the course
of REACH's business as contracted herein.
iii. Directors and Officers Insurance
Optional (Highly Recommended)
Note: This insurance shall cover REACH and any associated Board of Directors members,
iv. Workers' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
$100,000 each accident
$100,000 disease - each employee
$500,000 disease—policy limit
Note: Such insurance shall cover employees performing work on any and all projects including
but not limited to construction, demolition, and rehabilitation. REACH or its subcontractors
shall maintain such coverage. In the event REACH's subcontractors do not maintain such
coverage, REACH shall maintain the coverage on such subcontractors for each applicable
subcontract.
v. Additional Requirements
Such insurance amounts shall be revised upward at City's option and REACH shall revise such
amounts within thirty(3 0)days following notice to REACH of such requirements. REACH
submit to City documentation that it has obtained insurance coverage and has expcuted bonds,as'' '
required in this Contract and prior to payment of any monies hereunder. Each ijisdta4ze polli
Rev.,,816-0,4,
10
shall be endorsed to provide City with a maximum sixty(60)day's notice of cancellation,non-
renewal, and/or material change in policy terms or coverage. Insurance policies required herein
shall be endorsed to include the City as an additional insured as its interests may appear.
Additional insured parties shall include employees,officers,agents,and volunteers of the City of
Fort Worth. The Workers' Compensation Insurance policy shall be endorsed to include a waiver
of subrogation, also referred to as a waiver of rights of recovery, in favor of City..
c. Any failure on part of the City to request certificate(s) of insurance shall not be construed as a
waiver of such requirement or as a waiver of the insurance requirements themselves. Insurers of
REACH's insurance policies shall be licensed to do business in the state of Texas by the Department of
Insurance or be otherwise eligible and authorized to business in the state of Texas. Insurers shall be
acceptable to the City insofar as their financial strength and solvency and each such company shall
have a current minimum A.M. Best Key Rating Guide rating of A: VII or other equivalent insurance
industry standard rating, unless otherwise approved by City. Deductible limits on insurance policies
C
shall not exceed $5,000 per occurrence unless otherwise approved by City.
d. In the event there are any local, federal or other regulatory 'insurance or bonding requirements for
the Program, and such requirements exceed those specified herein, the former shall prevail.
e. REACH shall agree to require its subcontractors to maintain applicable insurance coverages,limits,
and other requirements as those specified herein; and, REACH shall require its subcontractors to
provide REACH with certificate(s) of insurance documenting such coverage. Also, REACH shall
require its subcontractors to have City and REACH endorsed as additional insured (as their interests
may appear)on their respective insurance policies. REACH shall require its subcontractors to maintain
builders risk insurance at the limit of applicable project(s) costs when the value of materials involved
exceeds $10,000 or at a different limit value limit as specified by City.
15. Waiver oflmmunity
If REACH is a charitable or nonprofit organization and has or claims an immunity or exemption
(statutory or otherwise) from and against liability for damages or injury,including death,to persons or
property;REACH hereby expressly waives its rights to plead defensively such immunity or exemption
against City. This section shall not be construed to affect a governmental entity's immunities under
constitutional, statutory or common law.
16. Termination
a. In addition to, and not in substitution for, other provisions of this Contract regarding the provision
of public services with CDBG funds,pursuant to Title I of the Housing and Community Development
Act of 1974, as amended, it is expressly understood and agreed by and between the Parties that this
Contract is wholly conditioned upon the actual receipt by City of Federal CDBG Year XXX funds;that
all monies distributed to REACH hereunder shall be exclusively from Federal monies received under
City's grant and not from any other monies of City; and that if such funds under City's grant are not
timely forthcoming,in whole or in part, City may, at its sole discretion,terminate this Contract and City
shall not be liable for payment for any work or services performed by REACH under or in connection
with this Contract.
b. City may terminate this Contract whenever such termination is determined to be in City's best
interest; in event of REACH's default,inability or failure to perform or to comply with any of the terms
herein; or, for other good cause.
.............
8-16-04
c. The Parties acknowledge that CDBG Funds paid hereunder are intended to provide only partial
funding for REACH's program operations. If non-CDBG Funds included in the Operating Budget are
not forthcoming to REACH during the Contract term, City may terminate this Contract.
d. CDBG Funds provided hereunder may not be used as collateral for loans to REACH to defray
program operation expenses, and any attempted use of CDBG Funds for this purpose will result in
termination of this Contract by City.
e. Termination will be effected by written notice to REACH, specifying the portions of the Contract
affected and the effective date of termination. Upon REACH's receipt of such termination notice,
REACH will:
• Stop work under the Contract on the date and to the extent specified by City;
• Cease expenditures of CDBG Funds, except as necessary for completion of the portions of the
Contract not terminated; and
• Terminate all orders and contracts to the extent that they relate to the portions of the Contract being
terminated.
L REACH will return to City any unused CDBG Funds previously advanced by City under this
Contract within thirty (30) days of the effective date of Contract termination. City will have no
responsibility or liability for REACH's expenditures or actions occurring after the effective date of
Contract termination.
17. Certification &qarding Lobbying
a. The undersigned representative of REACH hereby certifies, to the best of his or her knowledge and
belief,that: No Federal appropriated funds have been paid or will be paid,by or on behalf of REACH,
to any person for influencing or attempting to influence an officer or employee of any agency,a member
of Congress,an officer or employee of Congress or an employee of a member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan or cooperative agreement. REACH
shall require that the language of this certification be included in all subcontracts or agreements
involving the expenditure of Federal funds.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of Congress,an
officer or employee of Congress, or an employee of a member of C6ngress in connection with this
Federal contract, grant, loan or cooperative agreement, REACH shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
e. This certification is a material representation of fact upon which reliance was placed when this
Contract was made or entered into. Submission of this certificate is a prerequisite for making or
entering into this Contract imposed by 31 USC Section 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000.00 and not more than
$100,000.00 for each such failure.
18. Miscellaneous Provisions
a. All terms of this Contract shall apply to any and all subcontractors of REACH who are in any way
paid with CDBG Funds or who perform any work in connection with REACH'sI I J 11 io"g—'A"' ...... ............. ,.i
b. The provisions of this Contract are severable,and, if for any reason a clause, se�rite'ride,,paxagraph of,
other part of this Contract shall be determined to be invalid by a court or federal o statO 4gency,266�rd
R�y .8 16„9
12
or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other
provisions which can be given effect without the invalid provision.
c. City's failure to insist upon the performance of any term or provision of this Contract or to exercise
any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's
right to assert or rely upon any such term or right on any future occasion.
d. Should any action, whether real or asserted, at law or in equity, anise out of the execution,
performance, attempted performance or nonperformance of this Contract, venue for action shall lie in
Tarrant County, Texas.
e. This written instrument and the exhibits attached hereto, which are incorporated by reference and
made a part of this Contract for all purposes, constitute the entire agreement between the Parties
concerning the work and services to be performed hereunder,and any prior or contemporaneous,oral or
written agreement which purports to vary from the terms hereof shall be void. Any amendments to the
terms of this Contract must be in writing and must be approved by each Party.
f All notices required or permitted by this Contract must be in writing and are deemed delivered on the
earlier of the date actually received or the third day following (1) deposit in a United States Postal
Service post office or receptacle; (ii)with proper postage(certified mail,return receipt requested); and
(111) 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.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Rev. 8-16-04
13
IN WITNESS WHEREOF the parties hereto have execut d four copies of this contract in Fort Worth,
Tarrant County, Texas, this day of A.D. 2004.
CITY OF FORT WORTH REACH, INC.
By: By: , �•
Charlotte A. Stewart
Acii KA'Assistant City Manager Executive Director
APPROVED AS TO FORM AND LEGALITY:
r
Asst. City Attorney
ATTEST:
e __...W L . ... AMM. ..
City Secretary
L .
Contract huthor zatioa
Date
II
13
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, th
hsigpd authority, a Notary public in and for the State of Texas, on this day
.ei
personally appeared
ri
r,)=n 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 day of—A
A.D. 2004
C'J
Notary Public in and for
the State of Texas
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 Charlotte A. Stewart, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that she executed the same for the purposes and
consideration therein expressed, as the act and deed for REACH, Inc. and in the capacity therein stated as
its duly authorized officer or representative.
J .........
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day ofi"
,
A.D. 2004.
Notary Publie/in an for
ROBIN L LASS
[TER
WUOMMISSION EXPIRES
lipr the State of Texas
Mamh 9,2W7
...........f
....................................... .............................
14
EXHIBITS AND ATTACHMENTS
EXHIBIT A-Program Summary
EXHIBIT B- Implementation Schedule
EXHIBIT C-Program Budget
EXHIBIT D-Audit Certification Form and Audit Requirements
ATTACHMENT I---- Request For Funds
ATTACHMENT Il----Detail Statement of Cost
ATTACHMENT III---Expenditure Worksheet
ATTACHMENT IV—Monthly Narrative Report
ATTACHMENT IVa-Performance Report Data Form
EXHIBIT A
PROGRAM SUMMARY
PROGRAM TITLE
REACH,INC. -PROJECT RAW
CDBG Year XXX
PERSONAL SERVICES $0
SUPPLIES $0.00
CONTRACTUAL SERVICES $19,683.00
CAPITAL OUTLAY $0.00
TOTAL $19,683.00
DESCRIPTION:
REACH, Inc. will assist very low-to low-income persons with mobility impairments toward independent living by
constructing wheelchair ramps to make their homes more accessible.
The performance period will be from June 1, 2004 to May 31, 2005.
PROGRAM OBJECTIVES:
To construct residential wheelchair ramps for very-low and low-income persons that meet the standards set by City
Codes and ADA.
PROGRAM MEASURES: Projected
Goals
Number of residential wheelchair ramps constructed. 18
EXHIBIT B
REACH, INC. fROJECT RAMP
IMPLEMENTATION SCHEDULE
Date to Date
I
Projected Performance Begin Completed
A. Sign Contract with City of Fort Worth.Meet with the 05/04 06/01/04
City of Fort Worth Housing Department to review
requirements, monthly report process, financial
reimbursement process, and other requirements of the
prof ect.
B. Begin verification process with individuals being 06/04 Ongoing
served. Submit needed information to the Housing throughout
Department for environmental reviews to be performed. project
Department for environmental reviews to be performed.
C. Begin construction of the 14 - 18 ramps. Each ramps 06/04 05/05
will take approximately I to 2 days to complete.
D. Request final inspections, take picture of completed 06/04 At the
ramp, have consumer sign completion of work form and completion
satisfaction survey,and pay contractor. of each ramp
E. Submit monthly reports and request for reimbursements. 07/04 By the 10'h
each month
G. Submit a copy of the Independent Financial Audit. 01105 (FY04)
(Corporation is audited based on fiscal year beginning 01/06 (FY05)
October 1, and ending September 30.)
EXHIBIT C
C°r xu Exo7x - �s
�RECN ; �-nc xu�zainItle Prajec arnp
P:E2 O GRAM :fit UD GET
Total Grant Other Sources
Expease Category Budget Budget
[AJ [B] Cc) �) C�) "F,
PERSON L SEIZ VICES
Salaries 10,52 _ a_ 10,520
FTC;A /F U i A 3975 75 0 990
Life Insurance --....__._.
_ b _
Health Jnsuran ce X 1 7 8 0 2,17 8
UiaerripLoyment ,State 0
Unempj2yrnent Federal
Worker's Csensation l03 103
Retirement -
SUPI'LI—ES
Office Supplies 70 75
.Postage __
_ Teachirx�;.Aids _
Other(Speca ��� p 6 , 6 F�3 _ 6 , 6 8 3 0 —:
`CONTRACTUAL SERVICES
Tel hone 1 so a i o
_ —
El ectri c
Gas Itilities
WaterlWaste Disposal
- }
Rent Buildin _ 11 8 5 0 _ a.._.._ 1.z. 50 i
Custcdial S rviccs
` -
ce Fqui�ment Rental * ��
Pn _ _
tin
on raCtua ---
Repairs 1 3- 000 1 3 000 0
Fidelity Bond**" -
Liability Insurance' ** 416 0 416
Aocrunt n
Private Auto Allawanc"e
_. —
Confertnce&Sesninars
CAPITAL OUTI-AY
Furniture,Fixtures
Office E uq iPrs7ent, C=uters
j Office'E ui rnent
TOT,AJ,S 36,040 19 , 683 16,357
Note: Column A should be the total of Colu=s B throi:gh F.
* Specify on Budget Detail (following pages).
*Use one column for each non-brant funding source;note below which column equates to each source (frorn 1'_evera eof:nds) i t
*Fidelity bond and liability insurance are required of all subcontractors and maybe paid from grant funds or other It"Q's
[C]
f yy {0rye.� ..
EX3IBIT C 1
RF—ACR,INC. PROJECT RAMP
PROGRAM BUDGET
CD B G GRANT FUNDS W ILL BE USED TO PLtR.CHASE BUIf,DII'\TG MATER_IAL,S FOR
THE CONSTRUCTION OF WOODEN WHEELCHAIR RAMPS AND TO PAY A
PRIVATE CONTRACTOR FOR THE CONSTRUCTION OF THE RAMPS.
ALL OTHER EXPENSES RELATED TO COORDINATING THIS BARRIER REMOVAL
PROGRAM WILL BE COVERED BY THE GENERAL OPERATING FUNDS OF
REACH, INC.
CONSTRUCTION PERMITS $ 700.00
CONSTRUCTION SUPPLIES/MATERIALS $ 6,683.00
CONSTRUCTION CONTRACTOR $12,300.00
TOTAL BUDGET: ------ _—
$19,683.00
BUDGET NARRATIVE
CONSTRUCTION PERMITS - This category includes the cost of construction permits
with the City of Fort Worth Permit and Development Department.
CONSTRUCTION SUPPLIES/MATERIALS-This category includes rnonies to purchase
needed construction materials: 2X6 and 2x4 pressure treated. boards, 4x6 treated decking
boards, 4x4 pressure treated posts, 2 and 3 inch all weather screws, 2x.6 joist hangers, 8D
joist hanger nails, 1/2 galvanized carriage bolts, %2 hex nuts, %2 galvanized flat washers, 3/8
carriage bolts, 3/8 flat washers, concrete mix, delivery charges, etc.
CONSTRUCTION CONTRACTOR- This category includes monies to pay contractor
fees for the construction of the wheelchair ramps.
EXHIBIT D
CITY OF FORT WORTH HOUSING DEPARTMENT
Audit Certification Form
Subrecipient: Fiscal Year Ending: I
Mo Day Yr
❑ We have exceeded the federal expenditure threshold of $300,000. 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 $300,000 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
CITY OF FORT WORTH HOUSING DEPARTMENT
AUDIT REQUIREMENTS
Organizations expending $300,000 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 ON/113 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/City 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 Is 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
r-
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:
Government 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 organization'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 for 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 Reporting Based on
an Audit of Financial Statements Performed in Accordance With
Government Auditing Standards. (0 M B 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 Sec. 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 letter,
including a corrective action plan
CITY OF FORT WORTH ATTACHMENTI
HOUSING DEPARTMENT
SUBGRANTEE'S REQUEST FOR FLT"S
Agency
Program Name:
Contract Number: Report Period:
Date of Request:
CASH BALANCE ANALYSIS FOR
1. Beginning Cash Balance $ $
2. Amount Received:
Program Income $ $
City of Fort Worth $ $
Interest Earned $ $
3. Total Funds Available (1 +2) $ $
4. Less Expenditure(detail statement cost) $ $
5. ENDING CASH BALANCE (3-4) $ $
6. Esturiated Expenditures $
T Funds Needed(6-5) $
8. Less Estimated Program Income $
9. Unpaid Request for Payment Previously Submitted $
10.Amount of This Request(7-8 &9) $
`"EM ,M.., M:.. ,
L. MARS-Purchasing Request
A. MARS INPUT: Vendor/PO Number/Requisition Number
B. Fund/Account/Center
C. Total Amount of this Request
1. Verification
A. Model Blocks Planner:
B. Contract Manager:
(N—)
C. Accounting: l /
(NarnG)
2. Authorization
A. Agency:
(Nai„G
B. Mgmt &Budget
Administrator
{Narne)
Housing Director ! /
IF OVER$8,500.00
1
CITY OF FORT WORTH ATTACHMENT H
HOUSING DEPARTAENT
MANAGEMENT AND BUDGET DIVISION
DETAIL STATEMENT OF COSTS
CONTRACT NO. DATE
AGENCY
TO
PROGRAM fREPORT PERIOD
PROGRAJVI MONTHLY CUMULATIVE
COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE
PERSONAL SERVICES
Salaries 516010
FICA 518010
Life Insurance 518050
IHealth Insurance 518060
Unernploymcoat-Federal 518090
Unen� la lent Tax-State 518090
worker's Comp 518040
Retirement 518070
SUPPLIES
Office Slip
plies 521010
postaRe .521020
Teaching Aids 522030
I�Food Supplies 522030
Other,Operating Supplies 523300
CONTRACTUAL; I
Tele hone
SERVICES
f"
ne 535040
Electric 535020
Cias(Utility) 535010
Water/Waste Disposal 535030
Rent(Builciffig) 537010
Custodial Services 539220
office Equipment Rental 537030
Printing 533030
Repairs. 53600
Fidelity Bond 538210
Liability frisuxance 534020
Legal&Accounting 538060
Privatc Auto Allowance-Local 532130
Advertising 533010
�Conierences& Seminars 531180
Contractual Services 539120
Indirect Cost 517010
CAPITAL OUTLAY
Furniture,Fixtures 541330
Office Equipment 541370
Property Insurance
TOTAL
Sub-Contractors Certification: I certify that the costs incurred arc taken from the books of accounts and that such Costs are valid
and consistent with the te=of the agreement.
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
...............................................................................................................
CITY OF FORT WORTH ATTACHMENT ITT
HOUSING DEPARTMENT
MANAGEMENT AND BUDGET DTVTSION
EXPENDITURES WORKSITEET
CONTRACT NO. DATE
AGENCY
TO
PROGRAM REPORT PERIOD
CHECK
NO. DATE # PAYEE DESCRIPTION ACCOUNT NO. AMOUNT
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
TOTAL
Sub-Contractors Certification: I certify that the costs incurred are taken from the books of accounts and that such costs are valid
and consistent with the terms of the agreement,
NAME and TITLE OF AUTHORIZED OFFICER SIGNATUfM,'and bX
f
j
ATTACHMENT IV
MONTHLY NARRATIVE REPORT
MONTH REPORTING
FROM: TO:
I . ACCOMPLISHMENTS
II. ADDITIONAL COMMENTS REGARDING ACCOMPLISHMENTS THIS MONTH:
III . PROBLEMS ENCOUNTERED AND SOLUTIONS PROPOSED:
IV. ANTICIPATED ACTIVITIES DURING NEXT MONTH:
,t
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1 i - ATTACTIRENT TV(a)
as
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Pagel 0f3
City of Fort u Wox uxx' Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/8/2004
DATE: Tuesday, June 08' 7004
LOG NAME: 02/\CT/\/{TY REFERENCE NO.: **C-20095
SUBJECT:
COOl[DUn/f» []8V8loDFMeOt Block Grant Year XXX, EOle[gBnCV Shelter Grant Year 2004-2005, and
Housing Opportunities for Persons with AIDS 2004-2005Contract Activities
RECOMMENDATION:
|tisrecommended that the City Council:
Authorize the City Manager to execute CODlrnUnih/ Deve|QrDent Block Grant (CDBG) Year >0{X`
Emergency Shelter Grant /ESG\ Year 2004-2005 and Housing Opportunities for Penson with AIDS
/H0PVVA\ Year 2004-2005. contracts with the following organizations to administer their respective
progranns, contingent upon approval and receipt of adequate funding from the U.S. Department ofHousing
and Urban Development (HUD), for a term beginning June 1, 2004, and ending May 31. 2OO5:
i Communily Development Block Grant (CQ-RG)
Contract with the listed agencies for an anlQUn1 not to exceed the following:
Southside Area Ministries (SAM'S Kids) $ 4 ,610
Habitat for Humanity $14.762.00
REACH, Inc. $19.683.00
Centro Cultural delas Americas $27.540.00
Boys and Girls Clubs (N|NOS) $19^829.00
Boys and Girls Club (KEYS) $18'268.00
JK4ACYoughCenter nfTarrant County $25.000.00
East Fort Worth Montessori $22.385.00
Latin ArtoAsnnciaton $17.250.00
Sumrnerbridg* Fort Worth $27,338,00
CJ's Studio ofPorfurning Arts $0.000.O0
Women's Center ofTarrant County $27'000.00
YWCA wfFort Worth (AIM) $20.986.00
YWCA ofFort Worth (Child Care) $150.000.00
Child Care Associates $130.000.00
Fort Worth Housing Authority (AK4AKA) $30.000.00
YMCA $120,375.00
Clayton Child Care G00.000�00
Southside Area Ministries (Mid South Seniors) $2.570.00
Senior Citizen Services of Tarrant County (COK4O) $17.597.00
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Senior Citizen Services ofTarrant County (R|VERS|DE) $15.271.00
Mental Health Association (OMBUDSMAN) $17.500.00
Mental Hea|ihAuomjntion (Advocate) $24.750.00
Northside Inter-Church Agency $28.933.00
Southside Area Ministries (Adult ESL) $3.500.00
Day Resource Center $30'000,00
Presbyterian Night Shelter (Bottle Deposit) $30,000.00
Job, Inc. $73.198.00
Fort Worth SER $72.224.00
4rPREPCenter ofTarrant County $71.745.00
Fort Worth Economic Development Corp, (RLF) $51.808.00
TOTALCDB{} $1.216.016.00
U. Emerqencv Shelter Grant (ESG)
YWCA (Supportive Living) $13.600.00
Cornerstone Assistance Network $13.588.00
Presbyterian Night Shelter (She|ter) G151.308.00
Bridge Emergency Youth Services $7.082O0
Women's Haven ofTarrant County, Inc. $21.683�80
Presbyterian Night Shelter (|nfirnnary) $15,040.00
MHyWRufTarrant County $16`117.00
YWCA (My Own Place) $19.794.00
---------'
T[)TALESG $258.092.00
|U. Housing Opportunities for Persons with HIV/AIDS (HOPWA)
AIDS Outreach Center, Inc. o462.620.00
Tarrant County Samaritan Housing, Inc. $242,539�00
AIDS Resources ofRural Texas $104.791.00
TDTALHDPVVA $809.950.00
DISCUSSION:
On April 6. 2004, the City Council approved and adopted the budgets and the appropriation Ordinance
increasing estimated receipts and appropriations for the Thirtieth (30th) Year Community Development
Block Grant (C[}BG). (2004-2005). Emergency Shelter Grant (ESG). and (2004-2005) Housing
Opportunities for Persons with AIDS (H[)PWA)` grant funds oa part of the City's Consolidated Action Plan.
The Consolidated Action P|an, as adopted by the City Council, included program descriptions for each Of
the above funded programs,
The above programs are consistent with the City's approved priorities and the City Council's prior policies
and meet the requirements of the Department of Housing and Urban Development (HUD) regulations
concerning eligible "activities." ,_
Page of
FISCAL .
�
The Finance Director certifies that funds will be available in the current operating budget, as appropriated,
of the Grants Fund contingent upon approval and receipt ofadequate funding from the U.S. Department of
Housing and Urban Development (HUD) for the barrn beginning June 1, 2004. and ending May 31, 2005.
TO Fu nd/Accou nt/C enters FROM Fund/Account/Centers
(VARIOUS) XXX206931XXX
(VARIOUS) XXX206932XXX
(VARIOUS) XXX206929XXX
Submitted for Cft-,.MAnqqer's Office by- Charles Boswell (8511)
Originating Department Head: BhdgetteGarrett (0183)
Additional Information Contact: [}eidraEmerson (75O3)