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CON RACTENo Y Dp
STATE OF TEXAS §
COUNTY OF TARRANT §
THIS contract ("Contract") is made and entered into by and between the City of Fort
Worth("City"), whose address is 1000 Throckmorton St., Fort Worth Texas 76102, acting
by and through Dale Fisseler, its duly authorized Assistant City Manager, and United
Community Centers ("Contractor"), whose address is 1200 E. Maddox, Fort Worth, TX
76104, acting by and through Ms. Celia Esparza its duly authorized President and CEO.
(Sometimes City and Contractor are referred to individually as a "Party" and collectively
as the"Parties".)
WHEREAS, City has received grant monies from the United States Department of
Housing and Urban Development ("HUD") under Title 1 of the Housing and Community
Development Act of 1974, as amended, (42 USC 5301 et seq.) for utilization in
connection with its Community Development Block Grant ("CDBG"), Project No. B-05-
MC-48-0010, for Year XXXI;
WHEREAS, one of the national objectives of the CDBG program is to benefit low
and moderate income citizens (the "National Objective");
WHEREAS, the assigned Catalog of Federal Domestic Assistance (CFDA) number is
14.218 for this Federal Project; and
WHEREAS City citizens, the Community Development Council, and the City
Council have determined that CDBG Projects are needed by the City's low and moderate-
income citizens.
NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH:
THAT, the Parties covenant and agree as follows:
1. Scope of Services
a. Contractor will obtain the services of qualified planning and design teams
consisting of architects, landscape architects, and urban planners for the preparation of
the renovation of the Polytechnic Community Center located at 3101 Avenue J., Fort
Worth, TX 76105, a 10,560 square feet existing community center ("Project").
b. Contractor will provide the services and activities as set forth in Exhibit A-Project
Summary in accordance with Exhibit B-Project Services Schedule.
b. Contractor agrees to meet the National Objective of activities benefiting low and
moderate-income individuals and to maintain full documentation supporting
fulfillment of this National Objective in its files.
c. City will monitor and evaluate Contractor'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
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action to correct such substandard performance is not taken by Contractor within a
reasonable period of time after being notified in writing by City, procedures to
suspend or terminate the Contract will be initiated.
2. Compensation and Method of Payment
a. City will disburse CDBG Year XXXI funds ("CDBG Funds") in an amount up to
TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($25,000)to Contractor on a
advance of funds basis.
b. Payment will be processed by City after receipt of the following financial
documents: (1)Attachment I- Request For Funds, (2) Attachment II-Detail
Statement of Costs, and(3)Attachment III-Expenditures Worksheet
accompanied by eligible expense supporting documentation. Eligible expenses for
the Project shall be expenses for architectural services, landscape architectural
services, urban planning services and any other services directly related to activities
taken in preparation for the renovation of the Polytechnic Community Center. Eligible
expense supporting documentation shall include but not be limited to copies of any
agreement between Contractor and any architect, landscape architect, urban planner or
any other person or entity providing Project services described above as well as
invoices pertaining to said eligible expenses. No CDBG Funds shall be advanced if
City has not received all eligible expense supporting documentation it deems
necessary in City's sole discretion. Payment of eligible expenses shall be made
against the line time budget specified in Exhibit C—Project Operating Budget and
in accordance with performance specified in Exhibit B—Project Services Schedule.
c. Contractor agrees to utilize all disbursed CDBG Funds for the benefit of the
Project. Contractor agrees that all funds will be expended in accordance with Exhibit
C-Project Operating Budget. Contractor may not increase or decrease line-item
amounts in the approved CDBG Funds portion of Exhibit C-Project Operating Budget
without City's prior written approval.
d. It is understood that the total cost for operation of this Project is TWENTY FIVE
THOUSAND AND NO/100 DOLLALS ($25,000.00). Contractor will obtain from
other sources the remaining funds in excess of the CDBG Funds as detailed in Exhibit
C-Project Operating Budget. Contractor will notify City promptly of any additional
funds it receives for the operation of the Project, and City reserves the right to amend
Exhibit C-Project Operating Budget in such instances.
e. Contractor 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 project 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. Contractor will not commingle CDBG Funds with any other funds in any manner
that would prevent City from readily identifying expenditures for operation of the
project.
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3. Uniform Administrative Requirements and Project Management Standards
a. Financial Management
i.Accounting Standards
The Contractor agrees to comply with OMB Circular A-110, "Uniform
Administrative Requirements for Grants and Agreements with Institutions of
Higher Education, Hospitals and other Non-Profit Organizations", 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
Contractor shall administer the project 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 project.
b. Documentation and Record Keeping
i. Requirement
Contractor shall maintain all records pertinent to the activities to be funded under
this Contract required in 24 CFR § 570.506. In addition, Contractor agrees to keep
records to fully document all expenditures charged to the CDBG portion of the
project. The documentation must support the amounts charged to the project and
demonstrate that the expenditures were appropriate to the stated goals of the
project and allowable under applicable Federal, state and City guidelines.
ii. Retention
(1) All records pertaining to project shall be retained for four (4) years following
the termination of this Contract. Contractor may destroy project records at the end
of this four(4) year period if no outstanding audit finding exists.
iii. Real Property Records
Contractor 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 § 570.505.
iv. Closeouts
Contractor'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 project assets (including the return of all
unused materials, equipment, unspent cash advances, Project 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 respective
representatives, shall have access to any books, documents, records and papers
relating to the operations of Contractor under this Contract for the purpose of
audit, examination, exception and transcription at all of Contractor's offices at all
reasonable hours.
(2) All non-federal entities that expend $500,000 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 24 CFR Sections § 570.502-570.503
generally, with specific reference to OMB Circulars (with attachments) A-122,
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"Cost Principles for Non-Profit Organizations", and A-133, "Audits of States,
Local Governments, and Non-Profit Organizations", as appropriate. The audit
may cover either Contractor'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. Contractor's audit certification is attached hereto as Exhibit D -
Audit Schedule Independent Audit Requirement. The Audit Schedule Form must
be submitted to City within sixty (60) days of the end of the period being audited
(Contractor's fiscal year). Costs of preparation of this audit may be an allowable
expenditure of CDBG Funds in an amount proportional to that of the CDBG 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
appropriate officials of the Federal agency, City, and General Accounting Office
("GAO").
(3) City reserves the right to perform an audit of Contractor's agency 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.
Contractor agrees to allow access to all relevant books, records and materials. If
such audit reveals a questioned practice or expenditure, such questions must be
resolved within fifteen (15) days after notice to Contractor. If questions are not
resolved within this period, City reserves the right to withhold further funding
under this and/or future contract(s) with Contractor.
(4) If as a result of any audit it is determined that Contractor has misused,
misapplied or misappropriated all or any part of the CDBG Funds, Contractor
agrees to reimburse the 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
a. Financial Reports
Contractor will submit to City on a monthly basis: (1) Attachment I-Request for
Funds, (2) Attachment II-Detailed Statement of Costs, (3) Attachment III-
Expenditures Worksheet, as applicable, for expenses incurred for services and
activities accomplished by Contractor in performance of this Contract. Actual
cash receipts for claimed expenditures must be provided at the time the request
for funds is presented. The reports must be signed by a duly authorized agent of
the Contractor and submitted by the 15`h of the month following the month being
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.
b. Procurement
i. Compliance
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Contractor 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
Contractor shall procure all materials, property, or services in accordance with the
requirements of 24 CFR Part 84, Procurement Standards and Property Standards,
as modified by 24 CFR Part 570.502(b)(6), covering utilization and disposal of
property.
5. Reversion of Assets
a. Contractor 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 project. Contractor agrees to obtain City approval prior to
purchase of property and Contractor agrees to notify City upon receipt of property so
that it may be properly tagged and inventoried. Title to such property will be vested in
City, and Contractor will deliver all such property to City for disposition at City's sole
discretion at the termination of the Project.
6. Applicable Laws
a. Federal
Contractor agrees to comply with the following laws and the applicable regulations as
they are currently written or are hereafter amended during performance of this
Contract:
• Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.)
• Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.)
• Executive Orders 11063, 11246, as amended by Executive Orders 11375 and
12086 and as supplemented by 41 CFR Part 60
• The Age Discrimination in Employment Act of 1967 (29 USC 621)
• The Age Discrimination Act of 1975 (42 USC 6101 et seq.)
• Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR
Part 8 where applicable
• National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq.
("NEPA") and the related authorities listed 24 CFR Part 58
• The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of
1977, as amended (33 USC 1251 et seq.) and the related EPA regulations at 40
CFR Part 15, as amended from time to time, and Executive Order 11738. In no
event shall any amount of the assistance provided under this Contract be utilized
with respect to a facility that has given rise to a conviction under the Clean Air
Act or the Clean Water Act.
• The Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.),
specifically including the provisions requiring employer verification of the legal
status of its employees
• The Housing and Community Development Act of 1987 (42 USC 5301 et seq.)
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• 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 5.105 (c) pertaining to restrictions on
participation by ineligible,debarred, or suspended persons or entities.
b. Section 3 of the Housing and Urban Development Act of 1968, as amended, (12
USC 170 l 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
Project 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. 1701u (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 notice advising the labor organization or workers'
representative of the contractor's commitments under this section 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.
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E 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)."
City and Contractor 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 a condition of the Federal financial assistance provided to the Project,
binding upon City and Contractor, and their respective successors, assigns and
subcontractors. Failure to fulfill these requirements shall subject Contractor 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
Contractor covenants and agrees that its officers, members, agents, employees, project
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 et seq.), as amended, and all related regulations.
Contractor 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 Contractor of any such violation on the part of Contractor or any of its
officers, members, agents, employees, project participants or subcontractors, then
Contractor shall immediately desist from and correct such violation.
7. Nondiscrimination
a. Contractor will not unlawfully discriminate against any person or persons because
of sex, race, religion, age, disability, color, national origin, or familial status, nor will
Contractor permit its officers, members, agents, employees, subcontractors or project
participants to engage in such discrimination.
b. Contractor covenants that neither it nor any of its officers, members, agents,
employees, project participants or subcontractors, while engaged in performing this
Contract, shall, in connection with the employment, advancement or discharge of
employees or in connection with the terms, conditions or privileges of their
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employment, discriminate against persons because of their age except on the basis of
bona fide occupational qualification, retirement plan or statutory requirement.
c. Contractor further covenants that neither it nor its officers, members, agents,
employees, subcontractors, project 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"), Contractor warrants that it and any and all of its subcontractors will not
unlawfully discriminate on the basis of disability in the provision of services to the
general public, nor in the availability, terms and/or conditions of employment for
applicants for employment with Contractor, or employees of Contractor or any of its
subcontractors. Contractor warrants it will fully comply with ADA's provisions and
any other applicable Federal, state and local laws concerning disability and will
defend, indemnify and hold City harmless against any claims or allegations asserted
by third parties or subcontractors against City arising out of Contractor's and/or its
subcontractors' alleged failure to comply with the above-referenced laws concerning
disability discrimination in the performance of this Contract.
e. This Contract is made and entered into with reference specifically to the ordinances
codified at Chapter 17, Article III, Division 3 "Discrimination in Employment
Practices", of the City Code, and Contractor hereby covenants and agrees that
Contractor, its officers, members, agents, employees and subcontractors, have fully
complied with all provisions of same and that no employee, employee-applicant or
Project participant has been discriminated against by the terms of such ordinances by
either the Contractor or its officers, members, agents, employees or subcontractors.
8. Prohibition Against Interest
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 project is situated; and no other public
official of such locality or localities, who exercises any functions or responsibilities
with respect to the project funded hereunder during his or her tenure or for one year
thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or
the proceeds thereof, for work to be performed hereunder. Contractor shall
incorporate, or cause to be incorporated, like language prohibiting such interest in all
contracts and subcontracts entered into in connection with the project.
b. No member, officer, employee, or project participant of Contractor or its
subcontractors shall have a financial interest, direct or indirect, in this Contract or the
CDBG Funds transferred hereunder or be financially interested, directly or indirectly,
in the sale to Contractor of any land, materials, supplies or services purchased with
any CDBG Funds transferred hereunder, except on behalf of Contractor, as an officer,
employee, member or project participant. Any willful violation of this paragraph with
the expressed or implied knowledge of Contractor or its subcontractors shall render
this Contract voidable by City.
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9. Minority and Women Business Enterprise Commitment
Contractor agrees to abide by 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. Contractor agrees to incorporate City Ordinance No. 15530,
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 Policy.
10. Non Assignment
No assignment or delegation of duties under this Contract by Contractor shall be
effective without City's prior written approval.
11. Independent Contractor
a. Contractor shall operate hereunder as an independent contractor and not as an
officer, agent, servant or employee of City. Contractor shall have exclusive control of,
and the exclusive right to control, the details of the work and services performed
hereunder, and all persons performing same, and shall be solely responsible for the
acts and omissions of its officers, members, agents, servants, employees,
subcontractors, project participants, licensees or invitee. The doctrine of respondeat
superior shall not apply as between City and Contractor, its officers, members, agents,
servants, employees, subcontractors, project participants, licensees or invitees, and
nothing herein shall be construed as creating a partnership or joint enterprise between
City and Contractor. It is expressly understood and agreed that no officer, member,
agent, employee, subcontractor, licensee or invitee of the Contractor, nor any project
participant hereunder, is in the paid service of City and that City does not have the
legal right to control the details of the tasks performed hereunder by Contractor, its
officers, members, agents, employees, subcontractors, project participants, licensees or
invitees.
b. City shall in no way nor under any circumstances be responsible for any property
belonging to Contractor, its officers, members, agents, employees, subcontractors,
project participants, licensees or invitees, which may be lost, stolen, destroyed or in
any way damaged; and Contractor hereby indemnifies and holds harmless City and its
officers, agents, and employees from and against any and all claims or suits.
12. Insurance and Bonding
a. 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
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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 PROJECT 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 PROJECTS
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 OF OR IN CONNECTION WITH ALL
ACTS OR OMISSIONS OF CONTRACTOR, ITS OFFICERS, MEMBERS,
AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR
PROJECT PARTICIPANTS, OR CAUSED, IN WHOLE OR IN PART, BY
ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY.
CONTRACTOR AGREES 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.
b. Contractor will maintain blanket fidelity coverage in the form of a bond in the
amount of$25,000 to insure against loss from the fraud, theft or dishonesty of any of
Contractor's officers, agents, trustees, directors or employees. The proceeds of such
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bond shall be used to reimburse City for any and all loss of CDBG 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 uses and benefit of Contractor.
c. Contractor shall furnish certificates of insurance as proof that it has secured and
paid for policies of workers' compensation, public liability and automobile liability
insurance covering all risks incident to or in connection with the execution,
performance, attempted performance or nonperformance of this Contract. The
amounts of such insurance shall not be less than the maximum liability that can be
imposed on City under the laws of the State of Texas. Contractor understands and
agrees that such insurance amounts may be revised upward at City's option and that
Contractor shall revise such amounts within thirty (30) days following notice to
Contractor of such requirements.
d. Contractor will submit documentation to City that it has obtained insurance
coverage and has executed bonds as required in this contract within thirty (30) days of
the execution of this Contract and prior to payment of any monies hereunder.
e. 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 Contractor 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 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 shall not exceed $5,000 per occurrence unless
otherwise approved by City.
f. Any local, federal or other regulatory insurance or bonding requirements for the
project that exceed those specified herein shall prevail.
g. Contractor shall agree to require its subcontractors to maintain applicable insurance
coverages, limits, and other requirements as those specified herein; and, Contractor
shall require its subcontractors to provide Contractor with certificate(s) of insurance
documenting such coverage. Also, Contractor shall require its subcontractors to have
City and Contractor endorsed as additional insured (as their interests may appear) on
their respective insurance policies. Contractor 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.
13. Waiver of Immunity
If Contractor 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; Contractor hereby expressly waives its rights
to plead defensively such immunity or exemption as against City. This section shall
not be construed to affect a governmental entity's immunities under constitutional,
statutory or common law.
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14. 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 XXXI funds; that
all monies distributed to Contractor hereunder shall be exclusively from Federal
monies received under said 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 Contractor 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 Contractor's default, inability or failure to perform or to
comply with any of the terms herein, or, for other good cause.
c. The Parties acknowledge that CDBG Funds paid hereunder are intended to provide
only partial funding for Contractor's Project operations. City may terminate this
Contract if non-CDBG funds included in the Operating Budget are not forthcoming to
Contractor during the Contract term.
d. CDBG Funds provided hereunder may not be used as collateral for loans to
Contractor to defray project 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 Contractor, specifying the portions
of the Contract affected and the effective date of termination. Upon Contractor's
receipt of such termination notice, Contractor 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 portions of the
Contract being terminated.
f. Contractor 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 Contractor's expenditures
or actions occurring after the effective date of Contract termination.
15. Certification Regarding Lobbying
a. The undersigned representative of Contractor 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 Contractor, 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
CDBG YEAR XXU CONTRACT Vf �,�{ og
United Community Centers
!;:�Iy
��, `. gin, � �,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan
or cooperative agreement. Contractor 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 Congress in connection with this Federal contract, grant, loan or
cooperative agreement, Contractor shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
c. 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.
16. Miscellaneous Provisions
a. All terms of this Contract shall apply to any and all subcontractors of Contractor
who are in any way paid with CDBG Funds or who perform any work in connection
with Contractor's project.
b. The provisions of this Contract are severable, and, if for any reason a clause,
sentence, paragraph or other part of this Contract shall be determined to be invalid by
a court or Federal or state agency, board 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, arise 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 (i)
deposit in a 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.
CDBG YEAR XXXI CONTRACT Rev.05-17-05
United Community Centers 13
g. In accordance with the requirements of 24 CFR Part 576.200 0), none of the
performance rendered under this Contract shall involve, and no portion of the CDBG
Funds received hereunder shall be used, directly or indirectly, for the construction,
operations, maintenance or administration of any sectarian or religious facility or
activity, nor shall said performance rendered or funds received be utilized so as to
benefit, directly or indirectly, any such sectarian or religious facility or 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.
i. Contractor certifies that it has obtained a 501 (c) (3) Certificate from the Internal
Revenue Service. Contractor shall notify City in writing of any changes to its 501 (c)
(3)tax-exempt status during the term of this Contract.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
CDBG YEAR X)M CONTRACT Rev.05-17-05
United Community Centers 14
IN WITNESS WHEREOF, the Parties hereto have executed four copies o this
Contract in Fort Worth, Tarrant County, Texas, thisday of
20�.
CITY OF FORT WORTH United C mmunity Centers
By: By:
_ 6Q11
Dale Fisseler Ms. Celia Espar a
Assistant City Manager President & CEO
APPR VED AS TO FORM AND LEGALITY:
h�j City Attorney /} N
Contract Authorization
ATTEST: 9-1
Date
City Secretary
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on a��� 200
by Dale Fisseler, the Assistant Cit aI of City of Fort Worth, on behalf of the
City of Fort Worth. ,•SPaY?4gym• JONI R JACOBS
{Zof tin' NOTARY PUBLIC
t5' +% State of Texas
�:•� Comm. Exp. 05-27-2007
No0y Public, Sta of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on—, 2- 200_0
by Ms. Celia Esparza, the President & CEO of United Community CeRters, a Texas non-
profit corporation, on behalf of said corporation.
E' SHERRY YVETTE JOHNSON
MY COMMISSION EXPIRES 4Notary P lic,
? S to ofTexas
-s' Dere bW7,2008
CDBG YEAR XXXI CONTRACT ^ ^^^
United Community Centers
CID
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FY. `'...
CITY OF FORT WORTH Attachment I
BUDGET AND MANAGEMENT SERVICES DEPARTMENT
CONTRACT MANAGEMENT DIVISION
REQUEST FOR FUNDS
AGENCY: United Community Centers PROJECT: Architectural Service Polytechnic
ADDRESS: 1200 East Maddox CONTRACT NUMBER:
Fort Worth, TX 76104 CONTRACT AMOUNT: $25,000
CONTRACT DATE:
DATE OF REQUEST:
SECTION I(AGENCY) CURRENT MONTH CUMULATIVE
1. Reimbursement Request
1. Expenditures: $ $
2. Income
A. Program Income $ $
B. City of Fort Worth $ $
C. Interest Earned CDBG Funds $ $
3. Reimbursement(1 minus 2) $ $
II.Advance Pay Requests/Repayment $ $
III. Reporting Interest
Interest over$25 per quarter returned to City of Fort Worth $ $
SECTION II(CITY)
I. BYSPEED-Purchasing Request
A.BYSPEED INPUT:Vendor/PO Number/Requisition Number:
B. Fund/Account/Center:
C.Total Amount of this Request: $
SECTION III
I. Verification
A. Contract Compliance Specialist Sherry Johnson
(Name) (Signature) (Date)
B. BYSPEED-Purchasing
(Name) (Signature) (Date)
C. Accounting
(Name) (Signature) (Date)
II.Authorization
A. Agency
(Name) (Signature) (Date)
B. Asst Housing Director D.Emerson
(Name) (Signature) (Date)
C. Housing Director J. Walker
(Name) (Signature) (Date)
Distribution:
1 Copy-Accounting
1 Copy-Contract Management
1 Copy-Agency
CITY OF FORT WORTH CDBG ATTACHMENT II
BUDGET AND MANAGEMENT SERVICES DEPARTMENT
CONTRACT MANAGEMENT DIVISION
DETAIL STATEMENT OF COSTS
United Community Centers
AGENCY CONTRACT NO. DATE
Architectural Services Polytechnic CC TO
PROJECT REPORT PERIOD
PROGRAM MONTHLY CUMULATIVE
COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE
PERSONAL SERVICES
Salaries 516 010
FICA 518 010
Life Insurance 518 050
Health Insurance 518 060
Unemoi0 ment Tax-State 518 090
Worker's Comp 518 040
Retirement 518 070
SUPPLIES
Office Supplies 521 010
Postage 521 020
Teaching Aids(Equipment) 522 030
Food Supplies 522 030
Other Operating Supplies 523 300
CONTRACTUAL SERVICES
Telephone 535 040
Electric 535 020
Gas[Utility] 535 010
Water/Waste Disposal 535 030
Rent[Buildin ] 537 010
Custodial Services 539 220
Office Equipment Rental 537 030
Printing 533 030
Repairs 536 010
FidelitV Bond 538 210
Liability Insurance 534 020
Legal&Accounting 538 050
Private Auto Allowance-Local 532 130
Advertising 533 010
Conferences&Seminars 531 180
Contractual Services 539 120 $25,000
CAPITAL OUTLAY
Furniture, Fixtures 541 330
Office Equipment, Com uters 541 370
Other Eq ui ment 541 320
TOTAL $25,000.00
Contractors Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid and consistent with the terms of
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
PREPARE ONE FORM FOR EACH SOURCE OF FUNDS
DISTRIBUTION:
1 Copy-Accounting
1 Copy-Contract Management
1 Copy-Agency 2 IA&GM FORM April 2002
ATTACHMENT III
CITY OF FORT WORTH
BUDGET AND MANAGEMENT SERVICES DEPARTMENT
CONTRACT MANAGEMENT DIVISION
EXPENDITURES WORKSHEET
United Community Centers
Agency Contract Number Date
Architectural Services Polytechnic CC To
Project Report Period
NO DATE CHECK NO 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
26
TOTAL
TITLE OF AUTHORIZED OFFICER SIGNATURE AND DATE
Distribution:
1 copy-Accounting
1 copy-Contract Management ����~u ���
a
1 copy-Agency
EXHIBIT A
CDBG PROGRAM SUMMARY
AGENCY: United Community Centers. Inc.
PROJECT: Architectural Service, Polytechnic
June 1, 2005 — May 31, 2006 $25,000
CONTRACT NO. PERIOD AMOUNT
PROJECT DESCRIPTION
Architectural services for Polytechnic Center renovation.
COUNCIL DISTRICTS)
District 8
PROJECT GOALS
Renovation project that is on time,within budget, and of high quality.
PROJECT OBJECTIVES
Thorough analysis of existing facility.
Architectural schematics illustrating solutions for renovation.
*Construction documents and specifications.
*Negotiate construction bids.
*Administration of Construction.
*Assure quality finished renovation.
PROTECT SERVICES and ACTIVITIES GOALS
Hire architect.
Architect recommends solutions and provides construction docs andspecs
*Negotiate bids, administers construction, and ensures quality, on budget, on
time.
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CITY OF FORT WORTH EXHIBIT C
CDBG YEAR XXXI
Pagel of 3
CONTRACT PERIOD From: 6/l/20051' To: 5/31/2006
Name of Sub Grantee Name of Project
United Community Centers Architectural Service Pol echnic
Program CDBG Other Sources**
Cost Category Budget_ Funds fal [b] c d
PERSONAL SERVICES
Salaries
FICA
Life Insurance
Health Insurance
Employment Tax-State
Employment Tax-Federal
Worker's Com
Retirement
SUPPLIES
Office Supplies
Postage
Teaching Aids
Food Supplies
Other Operating Expenses
CONTRACTUAL SERVICES
Tele hone
Electric
Gas
Water/Waste Disposal
Rent[Building]
Custodial Services
Office Equipment Rental*
Printin
Repairs
Fidelity Bond***
Liability Insurance'
Legal &Accounting
Private Auto Allowance-Local
Advertising
Conference &Seminars
Contractual Services-Architect $ 25,000 $ 25,000.00
Miscellaneous
CAPITAL OUTLAY
Office Furniture
Computer Equipment
t er: [Describedj
TOTAL 1 $ 25,000 1 $25,000
*Specify on Budget Detail(following pages)
**Use one column for each non-grant funding source;note below which column equates to each source(from Leverage of Funds)
***Fidelity bond &liability insurance are required of all subcontractors&may be paid from grant funds or other funds.
MATCHING FUND SOURCES
•5• F4 C(�U
BUDGET DETAIL Page 2 of 3
PERSONAL SERVICES
Salary
Hourly Annual % of
Position/Title Rate Hours Time Amount
1
2 $ -
3 $ -
4
5
6
7
8
TOTAL STAFF SALARIES $ -
FRINGE BENEFITS
%of % Paid %Paid
CATEGORY Payroll Amount by Agency by CDBG Amount
FICA -
Life Insurance -
Health Insurance -
Employment Tax -
Worker's Comp -
Retirement
TOTAL FRINGE BENEFITS $ -
TOTAL PERSONAL SERVICES $ -
**Note 2080 hours annually comprise a full-time position
BUDGET DETAIL
qu
UTILITIES
AVERAGE COST PER NUMBER OF MONTHS AMOUNT
CATEGORY MONTH
Telephone
Electric
Gas
Waste/Water Disposal
Other
Total Utilities
BUILDING LEASE
BUILDING COST PER SQUARE
LOCATION NO. SQUARE FOOT FOOT AMOUNT
1
2
3
TOTAL BUILDING LEASE 0
OTHER EXPENSES
CATEGORY TOTAL CHARGE %CHARGED TO CDBG AMOUNT
Fidelity Bond
Liability Insurance
Legal &Accounting
Office Supplies
Postage
Printing
Mileage
Advertising
TOTAL OTHER EXPENSES
CONFERENCES AND SEMINARS
EVENT TOTAL CHARGE %CHARGED TO CDBG AMOUNT
1
2
3
TOTAL CONFERENCES AND SEMINARS $ -
OFFICE EQUIPMENT RENTAL
ITEM TOTAL CHARGE %CHARGED TO CDBG AMOUNT
1 Lease phone system
2
TOTAL OFFICE EQUIPMENT RENTAL
� � '� "
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/19/2005
DATE: Tuesday, July 19, 2005
LOG NAME: 30UCCLA REFERENCE NO.: **C-20845
SUBJECT:
Authorize the Execution of a Lease Agreement and a Grant Agreement with the United Community
Centers, Incorporated for a City-Owned Building Located in Southeast Tarrant County
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the approval to renew a lease agreement for a city-owned building located in southeast Tarrant
County;
2. Approve a lease term of five years commencing April 1, 2005 and ending on April 1, 2010;
3. Approve a rental amount of$1.00 per year;
4. Authorize the use of Community Development Block Grant (CDBG) funds Year XXX unprogrammed
funds in the amount of 25,000; and
5. Authorize the City Manager to execute an agreement with United Community Centers, in an amount not
to exceed $25,000 effective April 1, 2005, for architectural services for renovations at the Poly United
Community Center.
DISCUSSION:
The United Community Centers (UCC) has leased this City-owned building located at 3101 Avenue J from
the City since 1998 (approved by M&C C-13781) for the purpose of a multi-purpose center. UCC has
requested the renewal of their lease for one five-year period.
The Engineering Department, Real Property Services Division, has reviewed the lease renewal request and
recommends Council approval.
The United Community Centers plans to continue to use this building as a Multi-purpose Center to provide a
variety of child, youth and adult community services such as health and educational programs.
The City will provide the Center with Community Development Block Grant (CDBG) funds in the amount of
$25,000.00. The funds are to be used for architectural services for renovations at the Poly United
Community Center in support of building code improvements and American Disability Act
requirements. The City may cancel the lease at any time with a thirty day written notice.
This property is located in COUNCIL DISTRICT 8, Mapsco 78P.
Logname: 30UCCLA Page 1 of 2
FISCAL INFORMATION/CERTIFICATION:
The Real Property Division of the Engineering department is responsible for collection of funds due the City
under this agreement.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 240126 0000000 $1.00 GR76 539120 003206929990 $25,000.00
GR76 5329120 003206929940 $25,000.00
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: A. Douglas Rademaker (6157)
Logname: 30UCCLA Page 2 of 2