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HomeMy WebLinkAboutContract 33696 STATE OF TEXAS 5 CITY SECRETARY COUNTY OF TARRANT g CONTRACT NO. d1i An 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 A. Fisseler, its duly authorized Assistant City Manager, and Fort Worth Area Habitat For Humanity, Inc. ("FWAHFH"), whose address is 3345 S.Jones St, Fort Worth, Texas, 76110, acting by and through Gage Yager, its duly authorized Executive Director. (Sometimes City and FWAHFH 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"), Program No. B-06-MC-48-0010, for Year XXXII; 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 program; and WHEREAS City citizens, the Community Development Council, and the City Council have determined that CDBG programs 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. FWAHFH will purchase two (2) in-fill lots in established City neighborhoods on which it will construct new homes to provide home ownership opportunities to low and moderate-income persons under the program name In-Fill Lot Purchases ("Program"), for the term June 1, 2006 to May 31, 2007. b. FWAHFH will provide the services and activities as set forth in Exhibit A-Program Summary in accordance with Exhibit B-Program Activities and Schedule. c. FWAHFH 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. All such documentation shall be furnished to City upon request if necessary for City to fulfill its obligations under its Federal grant. If this documentation is not maintained and furnished to City on request, City may exercise all remedies available under this Contract, including the right to withhold payment to FWAHFH on this Contract or any other contract with FWAHFH, or terminate this Contract as described herein. d. City will monitor and evaluate FWAHFH'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 performance is not taken by FWAHFH within a reasonable period of time after being notified in u�ritin �= procedures to suspend or terminate the Contract will be initiated. r"'1(U 07-03-06 PO4 :05 IN CDBG YEAR XXXII CONTRACT Rev.05-12-06 Habitat For Humanity Page 1 2. Compensation and Method of Payment a. City will disburse CDBG Year XXXII ("CDBG Funds") in an amount up to ELEVEN THOUSAND NINE HUNDRED FIFTY EIGHT AND NO/100 DOLLARS ($11,958.00) to FWAHFH on a reimbursement of expenses basis. b. Payment will be processed by City following receipt from FWAHFH of the following monthly financial documents: (1) Attachment I- Request For Funds, (2) Attachment II-Detail Statement of Costs, and (3) Attachment III-Expenditures Worksheet. Payment by City to FWAHFH shall require completion of all City forms and copies of adequate supporting documentation verifying eligibility of expenses as well as, where applicable, eligibility of Program participants. Reimbursement for the payment of eligible expenses shall be made against the budget specified in Exhibit C-Program Budget and in accordance with performance specified in Exhibit B- Program Activities and Schedule. City is under no obligation to disburse funds for expenditures that occurred prior to the first day of the month for which the reports are submitted. c. FWAHFH agrees to utilize all disbursed CDBG Funds for the benefit of the Program. FWAHFH agrees that all funds will be expended in accordance with Exhibit C-Program Budget. FWAHFH may not increase or decrease line-item amounts in the approved CDBG Funds portion of Exhibit C-Program Budget without City's prior written approval. d. It is understood that the total cost for operation of this Program is FOUR MILLION SEVENTY SEVEN THOUSAND SEVEN HUNDRED SEVENTEEN AND NO/100 DOLLARS (s4,077,717.00) and that FWAHFH will obtain from other sources the remaining funds in excess of the CDBG Funds as detailed in Exhibit C-Program Budget. FWAHFH will notify City promptly of any additional funds it receives for operation of the Program, and City reserves the right to amend Exhibit C-Program Budget in such instances. e. FWAHFH 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. FWAHFH 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 FWAHFH 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 FWAHFH 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 FWAHFH shall maintain all records pertinent to the activities to be funded under this Contract required in 24 CFR 5 570.506. In addition, FWAHFH agrees to keep records to fully document all expenditures charged to the CDBG portion ding records documenting the eligibility of Program participants as moi e herein. The CDBG YEAR XXXII CONTRACT Iv lr j!� �(I 'I!f Rev.05-12-06 Habitat For Humanity _ ^,57 Paget documentation must support the amounts charged to the Program, the eligibility of the Program participants, and demonstrate that the expenditures were appropriate to the stated goals of the Program and allowable and/or eligible under applicable Federal, state and City guidelines. ii. Retention (1) All records pertaining to Program shall be retained for four (4) years following the termination of this Contract. FWAHFH may destroy Program records at the end of this four (4) year period if no outstanding audit finding exists. (2) FWAHFH will retain any Program loan records until four (4) years after the expiration of any loan. iii. Real Property Records FWAHFH 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 FWAHFH'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 respective representatives, shall have access to any books, documents, records and papers relating to the operations of FWAHFH under this Contract for the purpose of audit, examination, exception and transcription at all of FWAHFH'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, "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 FWAHFH'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. FWAHFH'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 the period being audited (FWAHFH'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 FWAHFH'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 FWAHFH'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. FWAHFH 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 FWAHFH. If questions are not resolved within this period, City reserves the right to withhold further funding under this Contract and/or any other contract(s) with FWAHFH. (4) If as a result of any audit it is determined that FWAHFH has misused, misapplied or misappropriated all or any part of the CDBG Fund ,��, agrees to reimburse the City the amount of such monies so misused, mis pp I or misappropriated, plus the ,N11y". CDBG YEAR XXXII CONTRACT v+V`� Rev.05-12-06 Habitat For Humanity {.�j,',C�j�'ll�i �'�. Page 3 amount of any sanction, penalty or other charge levied against City because of such misuse, misapplication or misappropriation. 4. Reporting Procedures a. Financial Reports FWAHFH 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 FWAHFH 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 FWAHFH and submitted by the 15`'' 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. Progress Reports FWAHFH will submit to City on a monthly basis: Attachment IV-Monthly Report for services and activities undertaken by FWAHFH in performance of this Contract. The report will be signed by a duly authorized agent of FWAHFH and submitted by the 15`h 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. Program Income FWAHFH 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. FWAHFH may expend CDBG Funds only if program income is insufficient to meet all eligible Program activity expenses. FWAHFH agrees to return 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 Exhibit A-Program Summary and Exhibit C-Program Budget. d. Procurement i. Compliance FWAHFH 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 FWAHFH 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. e. Program Participant Records i. FWAHFH will keep or cause to be kept an accurate record of all actions taken and all CDBG Funds expended, with source documents, in performance of this Contract. Such records shall be kept for the time period mandated by the CDBG Regulations and this Contract. ii. FWAHFH will obtain and keep on file and furnish to City on request the following information and/or documentation on each Program participant served by the Program demonstrating such participant's eligibility for services provided: a. Participant's name, address, annual income level or other basis for determining income eligibility, and family size of participant's household. b. Source documentation used for income verification including but not limited to pay check stubs, food stamp award letters, income tax returns, SSI award letters, letters awarding unemployment benefits, W2s and the like. c. City shall have the final determination, in its sole discretion, as to whether source documentation used for income verification is adequate. CDBG YEAR XXXII CONTRACT Rev.05-12-06 Habitat For Humanity Page 4 5. Reversion of Assets a. FWAHFH 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. FWAHFH agrees to obtain City approval prior to purchase of property and FWAHFH 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 FWAHFH will deliver all such property to City for disposition at City's sole discretion at the termination of the Program. 6. Applicable Laws a. Federal FWAHFH 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: • Regulations at 24 CFR Part 570 pertaining to CDBG ("CDBG Regulations") • 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 • The Americans with Disabilities Act of 1990 (42 USC 12101) • 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.) • 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 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. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities CDBG YEAR DCII CONTRACT Rev.05-12-06 Habitat For Humanity Page 5 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. 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)." City and FWAHFH 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 Program, binding upon City and FWAHFH, and their respective successors, assigns and subcontractors. Failure to fulfill these requirements shall subject FWAHFH 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 FWAHFH 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 CDBG YEAR XXXII CONTRACT Rev.05-12-06 Habitat For Humanity Page 6 and Title I of the Housing and Community Development Act of 1974 (42 USC 5301 et .req.), as amended, and the Community Development Block Grant Entitlement Program .Regulations, as amended, (24 CFR Part 570 et.req.). FWAHFH further promises and agrees that it has read, and is familiar with, the terms and conditions of the Community Development Block Grant under which CDBG Funds are granted and any applicable provisions of the CDBG Regulations 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 FWAHFH or any of its officers, members, agents, employees, Program participants or subcontractors, then FWAHFH shall immediately desist from and correct such violation. 7. Nondiscrimination a. FWAHFH will not unlawfully discriminate against any person or persons because of sex, race, religion, age, disability, color, national origin, or familial status, nor will FWAHFH permit its officers, members, agents, employees, subcontractors or Program participants to engage in such discrimination. b. FWAHFH 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 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. FWAHFH 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"), FWAHFH 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 FWAHFH, or employees of FWAHFH or any of its subcontractors. FWAHFH 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 FWAHFH'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 FWAHFH hereby covenants and agrees that FWAHFH, 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 the FWAHFH 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 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 o be performed CDBG YEAR XXXII CONTRACT ��'a�'�� '� T'I�- ll' -x'7`7 Rev.05-12-06 Habitat For Humanity V � L%V�L '�•t Page 7 hereunder. FWAHFH 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 FWAHFH 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 FWAHFH of any land, materials, supplies or services purchased with any CDBG Funds transferred hereunder, except on behalf of FWAHFH, as an officer, employee, member or Program participant. Any willful violation of this paragraph with the expressed or implied knowledge of FWAHFH or its subcontractors shall render this Contract voidable by City. 9. Minority and Women Business Enterpri e Commitment FWAHFH 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. FWAHFH 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 MWBEs policy. 10. Non Assignment No assignment or delegation of duties under this Contract by FWAHFH shall be effective without City's prior written approval. 11. Independent Contractor a. FWAHFH shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. FWAHFH 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 invitee. The doctrine of respondeat superior shall not apply as between City and FWAHFH, 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 FWAHFH. It is expressly understood and agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of the FWAHFH, 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 FWAHFH, its officers, members, agents, employees, subcontractors, Program participants, licensees or invitees. b. City shall in no way nor under any circumstances be responsible for any property belonging to FWAHFH, its officers, members, agents, employees, subcontractors, Program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged; and FWAHFH hereby indemnifies and holds harmless City and its officers, agents, and employees from and against any and all claims or suits. 12. Indemnification, Insurance and Bonding a. FWAHFH COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, CDBG YEAR 3=11 CONTRACT Rev.05-12-06 Habitat For Humanity Page 8 INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER RIND 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 FWAHFH 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. FWAHFH 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 FWAHFH, 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. FWAHFH 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. FWAHFH 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. FWAHFH will maintain blanket fidelity coverage in the form of a bond in the amount of $11,958.00, to insure against loss from the fraud, theft or dishonesty of any of FWAHFH's officers, agents, trustees, directors or employees. The proceeds of such 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 FWAHFH. c. FWAHFH 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. FWAHFH understands and agrees that such insurance amounts may be revised upward at City's option and that FWAHFH shall revise such amounts within thirty (30) days following notice to acir-rerluirements. CDBG YEAR XIII{II CONTRACT CITY 1f/,C sLO. Rev.05-12-06 Habitat For Humanity q �I'' Page 9 d. FWAHFH 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 FWAHFH 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 Program that exceed those specified herein shall prevail. g. FWAHFH shall agree to require its subcontractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and, FWAHFH shall require its subcontractors to provide FWAHFH with certificate(s) of insurance documenting such coverage. Also, FWAHFH shall require its subcontractors to have City and FWAHFH endorsed as additional insured (as their interests may appear) on their respective insurance policies. FWAHFH 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 FWAHFH 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; FWAHFH 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 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, (42 USC 5301 et seq.) and the CDBG Regulations, 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 XXXII funds; that all monies distributed to FWAHFH 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 FWAHFH 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 FWAHFH'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 FWAHFH's program operations. City may terminate this Contract if non-CDBG funds included in the Operating Budget are not forthcoming to FWAHFH during the Contract term. d. CDBG Funds provided hereunder may not be used as collateral for loans to FWAHFH to defray program operation expenses, and any attempted use of CDBG Funds for this purpose will result in termination of this Contract by City. CDBG YEAR XXX11 CONTRACT Rev.05-12-06 Habitat For Humanity Page 10 e. Termination will be effected by written notice to FWAHFH, specifying the portions of the Contract affected and the effective date of termination. Upon FWAHFH's receipt of such termination notice, FWAHFH 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. FWAHFH 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 FWAHFH's expenditures or actions occurring after the effective date of Contract termination. 15. Certification Regarding Lobbying a. The undersigned representative of FWAHFH 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 FWAHFH, 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. FWAHFH 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, FWAHFH 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 FWAHFH who are in any way paid with CDBG Funds or who perform any work in connection with FWAHFH's Program. 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 he 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 eTIFe e e n the Parties BE concerning the work and services to be performed hereunder, a"' E. '' n" t mporaneous, CDBG YEAR XXXII CONTRACT ;G Rev.05-12-06 Habitat For Humanity E�� /kP Page 11 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. g. None of the performance rendered under this Contract shall involve, and no portion of the CDBG Funds received hereunder shall be used, directly or indirectly, for the construction, 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. FWAHFH 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. FWAHFH certifies that it has obtained a 501 (c) (3) Certificate from the Internal Revenue Service. FWAHFH 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 XXXII CONTRACT Rev.05-12-06 Habitat For Humanity Page 12 IN WITNESS WHEREOF, the Parties hereto hav ear c t d four copies of this Contract in Fort Worth,Tarrant County,Texas, this _day of 2006. CITY OF FORT WORTH FORT WORTH AREA HABITAT FOR HUMANITY, INC. By: Lam- By: Dale isseler U Gag Ya r Assistant City Manager Ex cutiv Dire or APPROVED AS TO FORM AND LEGALITY: -� I- �w Asst. City Attorney ATTEST: City Secretary Contract Authorization --d I(0—Li Date CDBG YEAR XXXII CONTRACT Rev.05-12-06 Habitat For Humanity Page 13 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on 0 2006 by Dale A. Fisseler, the Assistant City Manager of the City of Fort Worth, A be the City of Fort Worth. Notary Public, State of Texas LANE uP1dMISS10N EXPIRES July 26,2007 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on �� 2006 by Gage Yager, the Executive Director of Fort Worth Area Habi or Humanity, a Texas non-profit corporation, on behalf of said corporation. 71, Notary Public, tate of exas My co LA N. RYE MMISSION EXPIRES 'eptember 25.2009 XjytY'J9 CDBG YEAR XXXII CONTRACT Rev.05-12-06 Habitat For Humanity Page 14 EXHIBIT A PROGRAM SUMMARY PROGRAM TITLE HABITAT FOR HUMANITY-IN-FILL LOT PURCHASES CDBG Year XXXII PERSONAL SERVICES $0 SUPPLIES $0.00 CONTRACTUAL SERVICES(Land Ac usition) $11,958.00 CAPITAL OUTLAY $0.00 TOTAL $11,958.00 DESCRIPTION: The Trinity Habitat for Humanity Program,operated by the Fort Worth Area Habitat for Humanity provides affordable housing opportunities to low-income persons utilizing volunteer labor,management expertise and donations of money and materials to reduce construction cost. Each homeowner is required to invest "sweat equity" hours into the construction of their home. This reduces the cost and increases the pride of ownership. Habitat will use Community Development Block Grant funds to purchase property sites.Habitat will construct new,affordable houses on the sites to be sold to low-income persons. The performance period will be from June 1,2006 to May 31,2007. PROGRAM OBJECTIVES: To purchase approximately 2 lots PROGRAM MEASURES: Projected Year XXXII Number of lots purchased 2 ffiIBIT B e - 0 F c c C r, k tl s 7 ' x a O o � � z � x a a�. C42 � 3 T CL 0 a � 3 z o � � � � a �p m L' + Q Zvi o! O y p O z �m a � � v _ cd • a > a a ea v A w � v S .a n1yI n EXHIBIT C Organization Fort Worth Area Habitat for Humanity Program T�t1e In-Fill Lot Purchases PROGRAM BUDGET Total Grant Other Sources** Expense Category Budget Budget [C] [D] [E] [F7 [A] [B] PERSONNEL SERVICES Salaries $823,213 FICA $51,038 Life Insurance --- Health Insurance $62,603 Unemployment-State $1,341 Unemployment-Federal -- Worker's Compensation $42,300 Retirement $5,500 SUPPLIES Office Supplies $20,200 Postage $22,620 Teaching Aids — Other(Specify)* $285,852 $11,958 CONTRACTUAL SERVICES Telephone $16,900 Electric(all utilities) $13,700 Gas[Utilities] -- Water/Waste Disposal --- Rent[Building] — Custodial Services $2,400 Office Equipment Rental* -- Printing $50,420 Repairs $4,600 Fidelity Bond*** $50 Liability Insurance*** $17,280 Legal&Accounting -- Private Auto Allowance -- Conference&Seminars $9,500 CAPITAL OUTLAY Furniture,Fixtures -- Office Equipment Com uters $25,700 Office Equipment -- TOTALS $4,077,717 $11,958 $1,361,430 $191,729 $1,491,000 $1,021,600 f; n( .�01 4 itl t l t Wil • ; !j� Note:Column A should be the total of Columns B through F. U �'JAi �� �":11" *Specify on Budget Detail(following pages) **Use one column for each non-grant funding source;note below which column equates to each source(from Lev E ***Fidelity bond and liability insurance are required of all subcontractors and may be paid from grant funds or othfii�f�. '6 U• 9 u i�'I [C] Grants [E]Faith Groups,Corporations.Organizations [D] Restore [F]Other-Special Event, Individuals,Mortgage Income,Miscellaneous .EX-IDBiT D CITY OF FORT WORTH HOUSING DEPARTAMNT Audit Certification Form Subrecipient: Fiscal Year Ending: Mo Day Yr ❑ We have exceeded the federal expenditure threshold of $500,000. We will have our Single Audit or Program Specific Audit completed and will submit the audit report within nine (9) months after the end of the audited fiscal year. ❑ We did not exceed the $500,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedule below) Federal Expenditure bisclosure Federal Funds Must be filled out if Single Audit or Program Audit is not required.- Pass equired.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 yearCMV - C1►r OF FOR-1 WGRTn HOUSiNGD Gi=i✓i r TI HENT AUDIT REQUIREMENTS Organizations expending $500,00.0 or.more in federal awards (from City of Fort Worth and other funding sources) during their fiscal years shall obtain either an annual single audit or a program specific audit. Organizations may have a program specific audit in accordance with OMB Circular A-133 if they expended funds for only one federal program as listed .in the Catalog of Federal Domestic Assistance (CFDA). If.funds are spent for more than one federal program, a single audit is required. The audited time period is the organization's fiscal year, and not the City of Fort Worth's funding period. The audit shall be conducted by a certified public accountant (CPA) that is licensed at the time of the audit by the appropriate regulatory body. The CPA shall meet all of the general standards concerning qualifications, independence, due professional care and quality control as required by Government Auditing Standards, including the requirements for continuing professional education and external peer reviews. Auditor selection must adhere to federal procurement requirements. A separate supplementary schedule of revenues, expenditures and changes in fund balance for each City of Fort Worth contract is no longer required. The Schedule of Expenditures of Federal Awards should list City-of Fort Worth 's contract numbers, the total expended for each individual federal program, and the CFDA number (OMB A-133 § .310). The independent auditor's report should include all of the relevant items listed on the "Audit Report Checklist." Additional guidance on the conduct and reporting of these audits is contained in the latest issuance of the following publications: 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" � I:t t i��CCVI�JJ 1-7911 TO Ali organizations that receive a City of Fort 'Noil—th award must subunit 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 Govemment A uditing Standards. (OMB A-133 § 505 (b)) Report on Compliance with Requirements Applicable to Each Major Program and Internal Control over Compliance in Accordance with OMB Circular A-133. (OMB A-133 § 505 (c)) Schedule .of Findings and Questioned Costs (OMB A-133 §. 505d), including: Summary Schedule of Prior Audit Findings reporting the status of all findings included in the prior audit's schedule of findings and questioned costs. (OMB A- 133 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 v'��11i I'' i�v`s',j• CITU ; -. :' f . CITY Or FOR T WORTH ROUSIIq G DEPARTMENT SUB GRAINTIEPS REQUEST FOR FUN DIS- Agency Program N ame: Contract Number. Report Period_ Date of Request 251:1111331 550 CASH-BALANCE ANALYSIS FOR 1. BegimrirJg Cash Balance $ $ 2. Amount Received: Program Income $ $ City of Fort Worth $ $ Interest Earned $ $ 3. Total Famds Available(1 +2) $ $ 4. Less Expenditure(detail statement cost) $ $ 5. EN_bljNG CASH BALANCE (3.4) S $ 6. Fc�f;�ed Expenditures $ 7. Funds.Needed(5-5) $ 3. Less Estimated ProGram Income $ }: Unpaid Request for Payment Previously Submitted $ 0.A-moun±of Thds Request(7-8 &9) $ lYL-a�.7 PLC_25�o .1 _,.t . M-A R S'I1qPUT: Vendar(PO N.umber/Requisition Number Fund/Account/Center Total Amount of this Request Imam Verification A-*Model Blacks Planner: (Nazm} B. Contract Man2.ger: 1 / (Naze:) Accolmtbag: (N—) LIIthorizztion 4.gency 1 / ?YIb nt&Budset Adiniaistrator / / ousiag Director rp OVER s8,50e.00 ��`} CITY OF FORT WORM ATTACHMY-NT II HOUSING DEPARTMENT MANAGEMENT AND BUDGET DIVISION DET_AM STATE) -N- ' OF COSTS CONTRACT NO. DATE AGENCY TO PROGRAM REYOR2 PERIOD PROGRAM MONTHLY CUMULATIVE COST CA-17F-GORY BUDGET EXPENDITURES TO DATE BALANCE PERSONAL SERVICES Salaries 516010 FICA 518010. Life Insurance 518050 Heakh.Ins=ce 518060 Un to eat-Federal 518090 Un 10 ent Tax-State 518090 Worker's Co 518040 Retirement 518070 SUPPLIES Office S lies 521010 po e 521020 Te' Aids - 522030 Food S lies 522030 OtherOib at" Su lies 523300 COItTtSRACTUAL SERVICES. Tele hone 533040 Electric, 535.020 Gas(Utili 535010 Wtter/Waste Di osal .-53503, CL-ent(130din ) 537010 -'istodial Services 539.220 :)mce Equipment Rental 537030 tint ri� 5331030 .e airs 53600 idd" _Bond, 538210 iability Insurance 534020 eQ21&Accountnlg- 538060 ivate Auto AIlowance-Local 532130 3vertisin 533010 )nferences&Se=ri ars 5311.80 mtach]al Services 539120 iirect Cost 517010 i Pl LAL OTJTZ-AY -nature,Fixt=cs 541330 ice Equipment 541370 erty Insurance TAL Sub-Contactors Certification I certify that the costs iur-=ed are taken from the books of accounts and that such costs are valid and consistent with the teams of the ag•-�w.ment ,fE and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE ( OF FORT WORTH ATTR=- MMN '11--1. H(>Usp GDEPARTMENT 1viANAGEA=AND BUDGET DIVISION E PE1,MIT'C1RRES WORKSHEET CONTRACT NO- DATE AGENCY TO PROGRAM REPORT PERIOD M41 cx PAYEE DESCRIPTION ACCOUNT NQ:' AMOUNT —22 5 - 6 T 1 1 8 9 10 II r. I2 13 14 �. 15 I . 16 17 - 18 I 19 :1 31 * I ) I TOTAL Sub-Contractors Cerdficarion_ I cer�Liy That the cost;meed are taken from the books of accounts and that such costs are valid and consistmA with the terms of the ageement ,IE asid TITLE OF AUTHORIZED OFFICER SIGNATLIRE and DATE 'ATTACHMENT 1V MONTHLY nA-RRA - REPORT MONTH REPORTING FROM_ TO: I_ A.CCOI-IPLISHMENTS ADDITIOlLkL- CONSIxENTS RE&A_RDING ACCOMPLISI11,.ENTS THIS MONTH: III . PROBLEMS ENCOUNTERED ATID SOLUTIONS PROPOSED: IV. ANTICIPATED ACTIVITIES DUR=G NEXT MCV tH: Page 1 of 3 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/16/2006 DATE: Tuesday, May 16, 2006 LOG NAME: 03050406ACTIVIT REFERENCE NO.: C-21458 SUBJECT: Authorize Execution of Contracts for Community Development Block Grant Year XXXII, Emergency Shelter Grant Year 2006-2007 and Housing Opportunities for Persons with AIDS 2006-2007 RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager or his designee to execute contracts for Community Development Block Grant (CDBG) Year XXXII, Emergency Shelter Grant (ESG) Year 2006-2007, and Housing Opportunities for Persons with AIDS (HOPWA) Year 2006-2007, contingent upon approval and receipt of adequate funding from the U.S. Department of Housing and Urban Development (HUD) for terms beginning June 1, 2006, and ending May 31, 2007; 2. Authorize the City Manager to extend or renew the contracts for up to one year if an organization requests an extension and such extension is necessary for completion of the project; and 3. Authorize the City Manager or his designee to amend the contract, if necessary, to achieve project goals, provided the amendment is within the scope of the project and in compliance with all applicable laws and regulations governing the use of federal grant funds. 1. Community Development Block Grant(CDBG) Organization Amount(Not to Exceed) Southside Area Ministries-Sam's Kids After School $6,440.00 Boys& Girls Club-KEYS $14,795.00 CJ's Studio of Performing Arts-Performing Arts $7,000.00 Women's Center-Play It Saft $21,870.00 Cooks Childrens Hospital-Project SMILE $27,000.00 Bridge Emergency Youth Services-Buffalo Soldiers $18,000.00 Parents & Children Together, Inc.-SKIP $18,357.00 Latin Arts Association-Theatre Skills Program $14,000.00 YWCA-Child Development Program $135,000.00 Child Care Associates $117,000.00 FWHA-AMAKA Child Care Center $27,000.00 YMCA-School Aged Child Care $108,338.00 Clayton YES-School Aged Child Care $54,000.00 JMAC Youth Center of Tarrant County $22,500.00 Senior Citizen Services-Como Senior Citizens $17,597.00 Meals on Wheels $33,696.00 Senior Citizen Services-Riverside Senior Citizens $15,271.00 http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/13/2006 Page 2 of 3 NSEAM $17,000.00 Mental Health Assoc.-Mental Health Advocate $24,750.00 Centro Cultural De Las Americas-Job Training $22,308.00 Mental Health Assoc.-Long Term Ombudsman $17,500.00 Day Resouce Center Security $24,300.00 Learn Education Center-Learn Even Start Program $18,000.00 United Community Centers-Crisis Intervention Program $18,000.00 Fort Worth SER-Northside Resource Center $58,500.00 A-Prep Center of Tarrant County $83,996.00 YWCA-Ben & Jerry's Job Training/Job Placement $16,386.00 Habitat for Humanity $11,958.00 Reach-Project Ramp $15,943.00 TOTAL CDBG: $986,505.00 II. Emergency Shelter Grant(ESG) Organization Amount(Not to Exceed) YWCA-Supportive Living $11,935.00 Cornerstone Assistance-New Life Center $11,990.00 Presbyterian Night Shelter-Homeless Shelter $151,308.00 Bridge Emergency Services-Emergency Youth Shelter $6,737.00 Women's Haven of Tarrant County $18,563.00 MHMR of Tarrant County $14,055.00 YWCA-My Own Place $17,034.00 Presbyterian Night Shelter-Elderly& Infirmary Program $13,182.00 Women's Haven of Tarrant County-Supportive Child Care $12,700.00 TOTAL ESG: $257,504.00 III. Housing Opportunities for Persons with HIV/AIDS (HOPWA) Organization Amount(Not to Exceed) AIDS Outreach Center $436,242.00 Tarrant County Samaritan Housing, Inc. $238,170.00 AIDS Outreach Rural Texas $114,198.00 TOTAL HOPWA: $788,610.00 DISCUSSION: On April 4, 2006 the City Council adopted the budgets and the appropriation ordinance increasing estimated receipts and appropriations for the Year XXXII (June 1, 2006 to May 31, 2007) Community Development Block Grant (CDBG) grant funds, (2006-2007) Emergency Shelter Grant (ESG) grant funds and (2006-2007) Housing Opportunities for Persons with AIDS (HOPWA) grant funds as part of the City's Consolidated Plan and Consolidated Action Plan. The Consolidated Plan, as adopted by the City Council, included program descriptions on each program listed above. The listed programs are consistent with the City's approved funding policies and priorities. Each program meets the requirements of the Department of Housing and Urban Development (HUD) regulations defining "eligible activity." These programs provide services citywide. http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/13/2006 Page 3 of 3 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds will be available in the current operating budget as appropriated, in the Grants Fund contingent upon approval and receipt of adequate funding from the U.S. Department of Housing and Urban Development (HUD) for the term beginning June 1, 2006, and ending May 31, 2007. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 539120 005206144XXX $788,610.00 GR76 539120 00520614OXXX $986,505.00 GR76 539120 005206143XXX $257,504.00 Submitted for City Manager's Office by: Dale Fisseler (6266) Originating Department Head: Jerome Walker(7537) Additional Information Contact: Deidra Emerson (7563) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/13/2006