HomeMy WebLinkAboutContract 30717 CITY SECRETARY��r71 r7
CONTRACT N,,'.
AMENDMENT TO
CITY SECRETARY CONTRACT NO. 28004
WHEREAS, on September 23, 2002, the City of Fort Worth and the Worth Heights
Neighborhood Association, Inc. made and entered into City Secretary Contract No. 28004, (the
"contract") as authorized by M&C G-13404 adopted by the City Council on October 16, 2001;
WHEREAS, the contract provided funding to Worth Heights Neighborhood Association,
Inc., pursuant to a grant received by the City of Fort Worth 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 revitalization strategy for revitalization of the Worth
Heights neighborhood;
WHEREAS, the contract expires by its terms on September 24, 2004;
WHEREAS, Worth Heights Neighborhood Association, Inc desires to extend the contract
for an additional six (6) month term and City of Fort Worth has agreed that it is to the parties
mutual benefit to agree to such extension to meet the project goals;
WHEREAS, it the mutual desire of the City of Fort Worth and the Worth Heights
Neighborhood Association to amend the contract.
NOW, THEREFORE, the City of Fort Worth ("City"), acting by and through Dale A.
Fisseler, its duly authorized Acting Assistant City Manager, and Worth Heights Neighborhood
Association, Inc. ("Contractor"), acting by and through Raymond Rodriguez, its duly authorized
Director, do hereby agree as follows:
I.
2. Duration This section is amended to be and read as follows:
"This contract is extended for six (6) months beginning on the date of execution of this
contract amendment. This contract may be extended for an additional six (6) month term if
requested by Contractor. Contractor shall request such extension in writing and submit the
request to the City sixty (60) days prior to the end of the current contract term. The City may
then approve extension of the contract for the additional six (6) month term. It is specifically
understood that it is solely within the City's discretion whether to approve or deny Contractor's
request for an additional six month term. If no request for extension is received after the
expiration of the six month term or any extension thereof, the unexpended balance shall
automatically revert to the City's CDBG Program Fund. In such even, the contract is deemed
terminated."
II.
10. Uniform Administrative Requirements and Cost Principles
iv. Audits and Inspections. The second paragraph of this section A arn, o-he;. =
CONTRACT AMENDMENT CSC NO.28004 =•a' Ra I
Worth Heights Neighborhood Assn. =
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 $500,000 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")."
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."
Exhibit E attached to the contract is hereby replaced with the Exhibit E attached hereto.
All other terms and conditions of City Secretary Contract No. 28004 not amended herein
remain unaffected and in full force and effect, are binding upon the parties, and are hereby
ratified by the parties.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLAND
CONTRACT AMENDMENT CSC NO. 28004 Page 2 _
Worth Heights Neighborhood Assn.
IN WITNESS WHEREOF, the parties hereto have executed fibcoies of this contract
amendment in Fort Worth, Texas, this-1 day ofCY4cUW 22004.
ATTEST: CITY OF FORT WORTH
FN-"\RA3E',, By:
City Secretary Dale isseler
Acting Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
_ c
Assistant. City Attorney
(21—j cl WORTH HEIGHTS NEIGHBORHOOD
contract Authorization ASSOCIATION, INC.
1
Date By:
Ra and Rodriguez, Dire r
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on-4::.7,-&,/-e,- /2- , 200,z/
by Dale A. Fisseler, the Acting Assistant City Manager, of the City of Fort Worth, on behalf of
the City of Fort Worth, Texas.
Y
HE7TIE LANA ANO RY PUBLIC, TA f OF TEXAS
MY COMMISSION EXPIRES
^ July 26,2007
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 2001
by Raymond Rodriguez, Director, of the Worth Heights Neighborhood Association, Inc, on
behalf of said corporation.
NOTARY FynAC, STATEFOF TEXAS
= Ncr.,,Public,State of Texas
%�+;•... +;, My Commission Expires 05-30-u5
.FpF
11 —`
• •�' —•Its� {j.
CONTRACT AMENDMENT CSC NO.28004 tf Pt2gE 3`
Worth Heights Neighborhood Assn.
EXHIBIT E
CITY OF FORT WORTH HOUSING DEPARTMENT
Audit Certification Form
Subrecipient: Fiscal Year Ending: 1 /
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.
,>> 7I
Submit this form to the City of Fort Worth within 60 days after the end of your Fiscal year r��,,a
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 ONIB 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:
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.
y� i-'uci'r, '.G'
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. (OMIB 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, Texas
qvagor And Council 4:ommu"icntion
DATE REFERENCE NUMBER LOG NAME PAGE
10/16/01 **G-13404 05WORTH 1 of 2
SUBJECT REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME
FUNDS FOR THE WORTH HEIGHTS MODEL BLOCKS
RECOMMENDATION:
It is recommended that the City Council:
1. Reallocate $729,111 in FY2001 Home Investment Partnerships Program (HOME) funds, and
$470,889 in Year XXVII Community Development Block Grant (CDBG) funds for a total of
$1,200,000 to the Worth Heights Model Blocks (WHMB) Program as follows:
a) Reallocate $603,000 in FY2001 HOME funds to the Worth Heights Neighborhood Association
(WHNA) Home Improvement Program; and
b) Reallocate $112,286 in FY2001 HOME funds to the WHNA Housing Development Program; and
c) Reallocate $13,825 in FY2001 HOME funds to the WHNA Program Operating Support; and
d) Reallocate $61,175 in Year XXVII CDBG funds to the WHNA Program Operating Support; and
e) Reallocate $332,714 in Year XXVII CDBG funds to the WHNA Sidewalk Installation and Repair
Program; and
f) Reallocate $2,000 in Year XXVII CDBG funds to the WHNA Street Sign Topper Program; and
g) Reallocate $50,000 in Year XXVII CDBG funds to the WHNA Small Business Revolving Loan
Fund Program; and
h) Reallocate $20,000 in Year XXVII CDBG funds to the WHNA Neighborhood Landscaping
Program; and
i) Reallocate $5,000 in Year XXVII CDBG funds to the WHNA Library English Second Language
Program.
2. Authorize the City Manager to execute a contract in the amount of $257,286 with the WHNA upon
attainment of their 501(c)(3) status to administer Program Operating Support ($75,000), the
Neighborhood Landscaping Program ($20,000), the Housing Development Program ($112,286) and
the Small Business Revolving Loan Fund Program ($50,000); and
3. Authorize amendment of the contract, if necessary, to achieve project goals provided that the
amendment is compatible with the neighborhood revitalization strategy and in compliance with
applicable laws and regulations; and
4. Authorize extension of the contract with the WHNA for one year if they request an extension; and
5. Authorize amendment of the City's CDBG Year XXVII Consolidated Plan to reflect the above
funding allocations.
City of Fort Worth, Texas
qvagor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
10/16/01 **G-13404 1 05WORTH 2 of 2
SUBJECT REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME
FUNDS FOR THE WORTH HEIGHTS MODEL BLOCKS
DISCUSSION:
On May 23, 2000, the Worth Heights Neighborhood Association received the City's twelfth Model
Blocks award of $1.2 million. The Worth Heights Model Blocks area is bound on the north by Pafford
Street (between May Street and Grove Street) and Biddison Street (between Grove Street and the
South Freeway), on the east by the South Freeway (between Biddison Street and Bolt Street), on the
south by Bolt Street (between May Street and the South Freeway), and on the west by May Street
(between Bolt Street and Pafford Street) and Grove Street (between Pafford Street and Biddison Street).
The WHNA, which will administer a portion of the funds upon attainment of their 501(c)(3) status, is
recognized as a corporation by the State of Texas and is currently in the process of applying for
501(c)(3) status with the Internal Revenue Service. The goal of the WHNA is to enhance the quality of
life for all Worth Heights residents.
On September 11, 2001, the above proposal was endorsed by the Safety and Community Development
Committee for City Council approval.
The Worth Heights Model Blocks area is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, funds will be
available in the current operating budget, as appropriated, of the Grants Fund.
JP:n
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
1a)GR76 539120 005206698090 $603,000.00
Joe Paniagua 6140 1 b)GR76 539120 005206698100 $112,286.00
Originating Department Head: 1c) GR76 539120 005206698110 $ 13,825.00
1d)GR76 539120 005206697750 $ 61,175.00
1e)GR76 539120 005206697760 $332,714.00
1f)GR76 539120 005206697770 $ 2,000.00
1 g)GR76 539120 005206697780 $ 50,000.00
1 h) GR76 539120 005206697790 $ 20,000.00
1 i)GR76 539120 005206697800 $ 5,000.00
Jerome Walker 7537 (from) APPROVED 10/16/01
1)GR76 539120 005206698040 $729,111.00
Additional Information Contact: 1)GR76 539120 005206697210 $470,889.00
Jerome Walker 7537