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HomeMy WebLinkAboutContract 33774 CITY SECRETARY STATE OF TEXAS COMTRACT No. COUNTY OF TARRANT THIS contract ("Contract") is made and entered into by and between the City of Fort Worth whose address is 1000 Throckmorton St.,Fort Worth Texas 76102, acting by and through Dale A.Fisseler, its duly authorized Assistant City Manager, and REACK Inc. ("REACH'), whose address is 1205 Lake Street, Fort Worth, Texas, 76102, acting by and through Charlotte A. Stewart its duly authorized Executive Director. (Sometimes City and REACH 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-MG48-0010,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 o Services a. REACH will assist very low to low-income persons with mobility impairments towards gainful employment and independent living in a residential setting by constructing wheelchair ramps at their residences. The program will be conducted within City limits under the program name "Project RAMI'" ("Program"), for a term from June 1,2006 to May 31,2007. b. REACH will provide the services and activities as set forth in Exhibit A Program Summary in accordance with Exhibit B-Program Activities and Schedule. c. REACH agrees to meet the National Objective of activities benefiting low and moderate-income individuals and to maintain full documentation supporting fulfillment of this National Objective in its files. 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 REACH on this Contract or any other contract with REACH, or terminate this Contract as described herein. d. City will monitor and evaluate REACH's performance using the goals and performance standards required in this Contract. Substandard performance as determined by City monitoring will constitute non-compliance with this Contract. If action to correct such substandard performance is not taken by REACH within a reasonable period of time after being notified in writing by City, procedures to suspend or terminate the Contract will be initiated. CDBGYEAR)OMI CONTRACT V U 6� � G l !t Uf�/ Rev.05-I2-06 REACH ING07-13-06 A10 : 20 N Page 1 2. Compensation andMethod oLPayment a. City will disburse CDBG Year XXXII funds ("CDBG Funds") in an amount up to FIFTEEN THOUSAND NINE HUNDRED FORTY THREE AND NO/100 DOLLARS ($15,943.00) to REACH on a reimbursement of expenses basis. b. Payment will be processed by City following receipt from REACH 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 REACH 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. REACH agrees to utilize all disbursed CDBG Funds for the benefit of the Program. REACH agrees that all funds will be expended in accordance with Exhibit C Program Budget REACH may not increase or decrease line-item amounts in the approved CDBG Funds portion of Exhibit GProgram Budget without City's prior written approval. d. It is understood that the total cost for operation of this Program is THIRTY THOUSAND SEVEN HUNDRED SIXTY SIX AND NO/100 DOLLARS ($30,766.00) and that REACH will obtain from other sources the remaining funds in excess of the CDBG Funds as detailed in Exhibit C Program Budget REACH will notify City promptly of any additional funds it receives for operation of the Program, and City reserves the right to amend Exhibit C Program Budget in such instances.- e. REACH agrees to keep all CDBG Funds on hand in interest bearing accounts. All interest earned shall be reported to City on a monthly basis, at the same time as submission of the monthly report following the end of the Contract month during which the interest was earned. Interest in an amount of $25.00 or less per month may be used for authorized Program expenses. These amounts must be reported on the monthly financial statements filed pursuant to this Contract. Interest earned in excess of $25.00 per month is subject to remittance to City as directed by City. f. REACH will not commingle CDBG Funds with any other funds in any manner that would prevent Cry from readily identifying expenditures for operation of the Program 3. Ilnif rm fldministratize Requirements and Pmo ram&L)agement Standards a. Financial Management i. Accounting Standards REACH 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 REACH shall administer the Program in conformance with OMB Circular A 122, "Cost Principles for Non-Profit Organizations" and attachments and revisions thereto, regarding principles for determining costs for the Program. b. Documentation and Record Keeping i. Requirement REACH shall maintain all records pertinent to the activities to be funded under this Contract required in 24 CFR§ 570.506. In addition, REACH agrees ap document all expenditures charged to the CDBG portion of the Prog no ' '15??t cumenting CDBG YEAR 30X3aI CONTRACT ^' �'r) �,i`tr' ev.05-12-06 REACH,INC. � � ��a Page 2 ��a r: � ,7H.171'x, the eligibility of Program participants as more particularly described herein. The 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. REACH may destroy Program records at the end of this four(4) year period if no outstanding audit finding exists. (2) REACH will retain any Program loan records until four (4) years after the expiration of any loan. iii. Real Property Records REACH shall maintain real property inventory records that clearly identify properties purchased, improved, or sold. Properties retained shall meet eligibility criteria and shall conform to the requirements of 24 CFR§570.505. iv. Closeouts REACH's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to: making final payments, disposing of Program assets (including the return of all unused materials, equipment,unspent cash advances,Program income balances, and accounts receivable to City), and determining the custodianship of records. v. Audits and Inspections (1) City, HUD, and the United States Comptroller General, or their respective representatives, shall have access to any books,documents, records and papers relating to the operations of REACH under this Contract for the purpose of audit, examination, exception and transcription at all of REACH'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 REACH's fiscal year during which this Contract is in force or cover the period of this Contract. The audit must be prepared by an independent certified public accountant, be completed within twelve (12) months following the end of the period being audited and be submitted to City within thirty (30) days of its completion. REACH's audit certification is attached hereto as Exhibit D - Audit Certification Forms and Audit Requirements. The Audit Schedule Form must be submitted to City within sixty (60) days of the end of the period being audited (REACH'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 REACH'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 REACH'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. REACH 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 REACH 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 REACH (4) If as a result of any audit it is determined that REACH has misused, misapplied or misappropriated all or any part of the CDBG Funds, REACH, grees to re un urse City CDBGYEARX3WI CONTRACT' ,. \RR I Rev.05- -06 REACH,INC �� G5UGrLiL.tfu P e3 UR 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. Beortiy I'rocedu�s a. Financial Reports REACH 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 REACH 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 REACH and submitted by the 15`x' of the month following the month being reported. City is under no obligation to disburse funds for expenditures that occurred prior to the fust day of the month for which the report is submitted. b. Progress Reports REACH will submit to City on a monthly basis: (1) Attachment IV - Monthly Narrative Report, (2) Attachment IVa-Performance Report, for services and activities undertaken by REACH in performance of this Contract. The reports will be signed by a duly authorized agent of REACH and submitted by the 15' of the month following the month that is reported. City is under no obligation to disburse funds for expenditures that occurred prior to the fust day of the month for which the report is submitted. c. Program Income REACH agrees that all program income from operation of the Program in proportion to the amount of CDBG Funds received hereunder will be expended prior to expending CDBG Funds and that any such program income is subject to the terms of this Contract. REACH may expend CDBG Funds only if program income is insufficient to meet all eligible Program activity expenses. REACH agrees to 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 REACH shall comply with City policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property, as defined by such policy, procured with funds provided under this Contract. ii. OMB Standards REACH shall procure all materials, property, or services in accordance with the requirements of 24 CFR Part 84, Procurement Standards and Property Standards, as modified by 24 CFR Part 570.502(b)(6),covering utilization and disposal of property. e. Program Participant Records i. REACH 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. REACH 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 paycheck 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 ther source documentation used for income verification is adequam n o,r CDBGYEARxXXIICONTRACT ra. G+o'I�'`11;, u, Rev.05-12-06 REACH,INC. C�n4��•M �(11I17I(�71�`S'�!'(�\/\� Page4 R. • WI YYY' YI�J`UO 5. Rew7sion offlssets a. REACH agrees to return to City any CDBG Funds remaining on hand at the end of the Contract. b. All property purchased with CDBG Funds under this Contract will be used solely for operation of the Program REACH agrees to obtain City approval prior to purchase of property and REACH agrees to notify City upon receipt of property so that it may be properly tagged and inventoried. Title to such property will be vested in City, and REACH will deliver all such property to City for disposition at Citys sole discretion at the termination of the Program. 6. Lead Based PaintRe�uirements a. All inspection and abatement work shall be carried out by contractors and workers certified and trained under the Texas Department of Health, Environmental Lead Branch. This includes inspectors, risk assessors, abatement and hazard reduction contractors. b. A written certification must be on file with the City of Fort Worth Lead Hazard Program that certifies all firms,abatement supervisors, lead workers,inspectors, and risk assessors working in the HUD-funded Lead Based Paint Hazard Control Grant are certified under the laws and regulations of the State of Texas Department of Health,Environmental Lead Branch. c. REACH and all contractors shall comply with appropriate HUD and EPA regulations regarding lead-based paint notification,disclosure, or work practices during lead hazard control activities. d. REACH and all contractors shall prohibit the use of open-flame burning, chemical strippers containing methylene chloride, dry scraping, uncontained hydro blasting or hydro washing, uncontained abrasive blasting, machine sanding without HEPA attachments or heat stripping above 1100°F as work practices at anytime. e. REACH and all contractors shall dispose of waste resulting from lead hazard control activities in accordance with the requirements of the appropriate local, State and Federal regulatory agencies. REACH or contractors must handle disposal of wastes from hazard control activities that contain lead-based paint, but are not classified as hazardous, in accordance with State or local law or the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing. f. City's Housing Department will conduct a clearance, or final inspection of the work performed. 7. WI cane Laws a. Federal REACH agrees to comply with the following laws and the applicable regulations as they are currently written or are hereafter amended during performance of this Contract: • Regulations at 24 CFR Part 570 pertaining to CDBG ("CDBG Regulations") • Title I of the Housing and Community Development Act of 1974 (42 USC 5301 et seq.), as amended • 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 CDBG YEAR XXXII CONTRACT Rev.05-I2-06 REACH,INC. Page 5 • The Clean Air Act, as amended (42 USC 7401 et ser.), the Clean Water Act of 1977, as amended (33 USC 1251 et seri.) 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 seri.), 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 seri.) • The Americans with Disabilities Act of 1990 (42 USC 12101 et seri.) • Drug Free Workplace Act of 1988 (41 USC 701 et seri.) 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 ser.) 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 US.0 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. CDBG YEAR 30MI CONTRACTr'o t u`i° Rev.05-12-06 REACH,INC. Y �1 'k �,lr�l Page 6 FT. a'.�'1 n U �n 53�TH, ��� . 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 US.0 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 REACH understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Program, binding upon City and REACH, and their respective successors, assigns,contractors and subcontractors. Failure to fulfill these requirements shall subject REACH and its contractors, and their respective successors and assigns, to those sanctions specified by the Grant Agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. c. Other Laws REACH covenants and agrees that its officers, members, agents, employees, Program participants and contractors 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 Title I of the Housing and Community Development Act of 1974 (42 USC 5301 et seq.), as amended, and the CDBG Regulations, as amended, (24 CFR Part 570 et sq). REACH 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 Csty notifies REACH of any such violation on the part of REACH or any of its officers, members, agents, employees, Program participants or contractors, then REACH shall immediately desist from and correct such violation. 8. Nondz's-cn,'whwtion a. REACH will not unlawfully discriminate against any person or persons because of sex, race, religion, age, disability, color, national origin, or familial status, nor will REACH permit its officers, members, agents,employees,contractors or Program participants to engage in such discrimination. b. REACH covenants that neither it nor any of its officers, members, agents, employees, Program participants or contractors, 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. REACH further covenants that neither it nor its officers, members, agents, employees, contractors, Program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. d. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), REACH warrants that it and any and all of its contractors wil of unlawfully discriminate on the basis of disability in the provision of services to the general i0i/,tI ua-the ava _ bility, terms V 11 a CDBG YEAR 300al CONTRACT �(� Q a G,� � ;,` Rev.05-12-06 REACH,INC. V I G Y �5 1p1i ":�.. Page 7 and/or conditions of employment for applicants for employment with REACH, or employees of REACH or any of its contractors. REACH 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 Gity harmless against any claims or allegations asserted by third parties or contractors against Gity arising out of REACH's and/or its contractors' 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 REACH hereby covenants and agrees that REACH, its officers, members, agents, employees and contractors, have fully complied with all provisions of same and that no employee, employee- applicant or Program participant has been discriminated against by the terms of such ordinances by either REACH or its officers,members, agents, employees or contractors. 9. Prohil ition flgainst Interest a. No member, officer or employee of Gity or its designees or agents; no member of the governing body of the locality in which the Program is situated, and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the Program funded hereunder during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. REACH shall incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts entered into in connection with the Program. b. No member, officer, employee, or Program participant of REACH or its contractors shall have a financial interest, direct or indirect, in this Contract or the CDBG Funds transferred hereunder or be financially interested,directly or indirectly,in the sale to REACH of any land, materials,supplies or services purchased with any CDBG Funds transferred hereunder, except on behalf of REA(H, as an officer, employee, member or Program participant. Any willful violation of this paragraph with the expressed or implied knowledge of REACH or its contractors shall render this Contract voidable by City. 10. flinoL2)y and amen Business EN&Z2nx e Commitment REACH agrees to abide by City's policy to involve Minority and Women Business Enterprises ("NMEs") in all phases of its procurement practices and to provide them an equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by City. REACH agrees to incorporate City Ordinance No. 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. 11. Non-flssignment No assignment or delegation of duties under this Contract by REACH shall be effective without City's prior written approval. 12.Independent CoNtractor a. REACH shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. REACH shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, contractors, Program participants, licensees or invitees. The doctrine of respondeat superior shall not apply as between City and REACH, i ieers, members, agents, servants, 1 CDBG YEAR XXXII CONTRACTa s 7 Rev.05-12.06 REACH,INC Page 8 employees, contractors, Program participants, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and REACH It is expressly understood and agreed that no officer, member, agent, employee, contractor, licensee or invitee of REACH; nor any Program participant hereunder, is in the paid service of City and that City does not have the legal right to control the details of the tasks performed hereunder by Contractor, its officers, members, agents, employees, contractors,Program participants,licensees or invitees. b. City shall in no way nor under any circumstances be responsible for any property belonging to REACH; its officers, members, agents, employees, contractors, Program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged; and REACH hereby indemnifies and holds harmless City and its officers, agents, and employees from and against any and all claims or suits. 13. Indemnification. Insurance and Bondiny a. REACH COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM DESCRIBED HEREIN, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY; AND REACH 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. REACH 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 REACH, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS, 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. REACH 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. CDBG YEAR XXXII CONTRACT' Rev.05-12-06 REACH,INC. Page 9 REACH SHALL REQUIRE ALL OF ITS CONTRACTORS TO INCLUDE IN THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. 14. Insurance and Bondin a. REACH will maintain blanket fidelity coverage in the form of a bond in the amount of $15,943.00 or more to insure against loss from the fraud, theft or dishonesty of any of REACH's officers, agents, trustees, directors or employees. The proceeds of such bond shall be used to reimburse City for any and all loss of 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 REACH. b. REACH 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. REACH understands and agrees that such insurance amounts may be revised upward at City's option and that REACH shall revise such amounts within thirty(30) days following notice to REACH of such requirements. c. REACH 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. d. Any failure on part of the City to request certificate(s) of insurance shall not be construed as a waiver of such requirement or as a waiver of the insurance requirements themselves. Insurers of REACH 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 :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. e. Any local, federal or other regulatory insurance or bonding requirements for the Program that exceed those specified herein shall prevail. f. REACH shall agree to require its contactors to maintain applicable insurance coverage, limits, and other requirements as those specified herein; and, REACH shall require its contactors to provide REACH with certificate(s) of insurance documenting such coverage. Also, REACH shall require its contactors to have City and REACH endorsed as additional insured (as their interests may appear) on their respective insurance policies. REACH shall require its contactors to maintain builders risk insurance at the limit of applicable project(s) costs when the value of materials involved exceeds $10,000 or at a different limit value limit as specified by City. 15. W iier o Immunitx If REACH is a charitable or nonprofit organization and has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death,to persons or property; REACH hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional,statutory or common law. 16. Termination � ,)c,!� do °v�J�1,� G CDBG YEAR XXXII CONTRACT' 1� � � 1;-,f, Rev.05-12-06 REACH,INC9 n ,^,ny2u S qn Page 10 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 sea) 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=I funds; that all monies distributed to REACH 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 REACH under or in connection with this Contract. b. City may terminate this Contract whenever such termination is determined to be in City's best interest, in event of REACH's default, inability or failure to perform or to comply with any of the terms herein, or,for other good cause. c. The Parties acknowledge that CDBG Funds paid hereunder are intended to provide only partial funding for REACH's program operations. City may terminate this Contract if non-CDBG funds included in the Operating Budget are not forthcoming to REACH during the Contract term d. CDBG Funds provided hereunder may not be used as collateral for loans to REACH to defray program operation expenses, and any attempted use of CDBG Funds for this purpose will result in termination of this Contract by City. e. Termination will be effected by written notice to REACH, specifying the portions of the Contract affected and the effective date of termination. Upon REACH's receipt of such termination notice, REACH will: • Stop work under the Contract on the date and to the extent specified by City, • Cease expenditures of CDBG Funds, except as necessary for completion of the portions of the Contract not terminated; and • Terminate all orders and contracts to the extent that they relate to portions of the Contract being terminated. f. REACH will return to City any unused CDBG Funds previously advanced by City under this Contract within thirty (30) days of the effective date of Contract termination. City will have no responsibility or liability for REACH's expenditures or actions occurring after the effective date of Contract termination. 17. Cerci zcation Regarding Lo�byin a. The undersigned representative of REACH hereby certifies, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of REACH, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. REACH shall require that the language of this certification be included in all contracts,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, REACH 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 cert late is a prere or making or entering into this Contract imposed by 31 USC Section 135— %Pnrsm 1 to file the CDBG YEAR XXXII CONTRACTRev.05-12.06 REACH,INC �j �i lid f V Page 11 required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. 18. M.&cellaneorss Provisions a. All terms of this Contract shall apply to any and all contractors of REACH who are in any way paid with CDBG Funds or who perform any work in connection with REAC Hs 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. A 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 (1) 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. REACH 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. REACH certifies that it has obtained a 501 (c) (3) Certificate from the Internal Revenue Service. REACH 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] J � , CDBG YEAR xX}QI CONTRACTI/ Rev.05-12-06 REACH INC ' �,r..;nn �� Page 12 IN WITNESS WHEREOF, thea/rs hereto ha v a uted four copies of this Contract in Fort Worth,Tarrant County,Texas, this c —day of 2006. CITY OF FORT WORTH REACH, INC. By: ae& By: • Dale A. Fisseler Charlotte A. Stewart Assistant City Manager Executive Director APPROVED AS TO FORM AND LEGALITY: ,Lte� .S jja't'v� Asst. City Attorney ATTEST: �:1ty Secretary Contract Authorization Data CDBG YEAR XXXII CONTRACT b., Rev.05-12-06 REACH,INC. lytj!;,1'G U ? Page 13 J STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on 2006 by Dale A. Fisseler, the Assistant City Manager of the City of Fort Wo th, on behalf ity of Fort Worth. No ublic, State of Texas �. `It HETTIE LANE � � MY Co FISSION EXPIRES. STATE OF TEXAS .' July 25,2007 COUNTY OF TARRANT This instrument was acknowledged before me on LA 2$ , 2006 by Charlotte A. Stewart, Executive Director of REACH, Inc., a Texas no�ro& o oration, on behalf of said corporation. Notary Pu lic, State of Texas ROBIN L LASSM MY COMMISSION EXPIRES March 8,2007 CDBG YEAR XXXII CONTRACT Rev.05-12-06 REACH,INC. Page 14 EXHIBIT A PROGRAM SUMMARY PROGRAM TITLE REACH,INC. -PROJECT RAMP CDBG Year XXXII PERSONAL SERVICES $0 SUPPLIES $0.00 CONTRACTUAL SERVICES $15,943.00 CAPITAL OUTLAY $0.00 TOTAL $15,943.00 DESCRIPTION: REACH, Inc.will assist very low-to low-income persons with mobility impairments toward independent living by constructing wheelchair ramps to make their homes more accessible. The performance period will be from June 1, 2006 to May 31, 2007. PROGRAM OBJECTIVES: To construct residential wheelchair ramps for very-low and low-income persons that meet the standards set by City Codes and ADA. PROGRAM MEASURES: Projected Goals Number of residential wheelchair ramps constructed. 15 n Ify F1O'" EXHIBIT B RFACH,INC. PROJECT PUMP PROGRAM ACTIVITIES &SCHEDULE Date to Date Proieeted Performance Begin Completed A. Sign contract with City of Fort Worth.Meet with the 05/06 06/01/07 City of Fort Worth Housing Department staff to review requirements,monthly report process, financial reimbursement process, and other requirements of the project. B. Begin verification process with individuals being 06/06 Ongoing served. Submit needed information to the Housing throughout Department for environmental reviews to be performed. project C. Begin construction of the 13 - 15 ramps. Each ramp 07/06 05/07 will take approximately 1 to 2 days to complete. D_ Request final inspections,take picture of completed 07/06 At the ramp,have consumer sign completion of work form and completion satisfaction survey, and pay contractor. of each ramp E. Submit moui,thly.reports and request for reimbursements. 07/06 By the 10`x' of ea.mo. G. Submit a copy of the Independent Financial Audit. 01/07 (FY06) (Corporation is audited based on fiscal year beginning 01/08 (F'Y07) October 1, and ending September 30.) EXHIBIT C Or¢anization v 1 REACH,Inc. Program Title. Prolcct Ramp PROGRAM BUDGET Total Grant Other Sources** Expense Category Budget Budget [C] [D] [E] [F] [A] [B] PERSONNEL SERVICES Salaries 8,825.00 8,825.00 FICA 337.00 337.00 Life Insurance 75.00 75.00 Health Insurance 2,634.00 2,634.00 Unemployment-State Unemployment-Federal 11.00 11.00 Worker's Compensation 90.00 90.00 Retirement SUPPLIES Office Supplies 75.00 75.00 Postage 15.00 15.00 Teaching Aids Other(Building Materials 5,393.00 5,393.00 CONTRACTUAL SERVICES Tele hone 150.00 150.00 Electric Gas[Utilities] Water/Waste Disposal Rent[Building] 2,310.00 2,310.00 Custodial Services Office Equipment Rental Printing Repairs(Labor/Permits) 10,550.00 Fidelity Bond*** 10.00 10.00 Liability Insurance*** 106.00 106.00 Legal&Accounting Private Auto Allowance 185.00 185.00 Conference&Seminars - CAPITAL OUTLAY Furniture,Fixtures Office Equipment, Com uters Office Equipment TOTALS 30,766.00 15,943.00 14,823.00 Note:Column A should be the total of Columns B through F. * Specify on Budget Detail(following pages) **Use one column for each non-grant funding source;note below which column equates to each source(from *** Fidelity bond and liability insurance are required of all subcontractors and may be paid from grant funds or [C] REACH Match Funds_ Contract Compliance Management 09/05 MIBIT C1 REACH,INC. PROJECT RAMP PROGRAM BUDGET CDBG GRANT FUNDS WELL BE USED TO PURCHASE BUILDING MATERIALS FOR THE CONSTRUCTION OF WOODEN RAMPS, TO PAY A PRIVATE CONTRACTOR FOR THE CONSTRUCTION OF THE RAMPS AND TO OBTAIN BUILDING PERMITS FOR THE CITY OF FORT WORTH PERMIT AND DEVELOPMENT DEPARTMENT. ALL OTHER EXPENSES RELATED TO COORDINATING THIS BARRIER REMOVAL PROGRAM WELL BE COVERED BY THE GENERAL OPERATING FUNDS OF REACH INC. CONSTRUCTION PERMITS $ 800.00 CONSTRUCTION SUPPLIES/MATERIALS $ 5,393.00 CONSTRUCTION CONTRACTOR $ 9,750.00 TOTAL BUDGET: $15,943.00 BUDGET NARRATIVE CONSTRUCTION PERMITS - This category includes the cost of construction permits @ $61.92 each with the City of Fort Worth Permit and Development Department. CONSTRUCTION SUPPLIES/MATERIALS -This category includes monies to purchase needed construction materials: 2x6 and 2x4 pressure treated boards, 4x6 treated decking boards,4x4 pressure treated posts, 2 and 3 inch all weather screws;2x6 joist hangers, 8D joist hanger nails, V2 galvanized carriage bolts, %2 hex nuts, '/z galvanized flat washers, 3/8 carriage bolts, 3/8 flat washers, concrete mix, delivery charges, etc. CONSTRUCTION CONTRACTOR-This category includes monies to pay contractor fees for the construction of the ramps. 6g E %T D CITY OF FORT WORTH HOUSING DEPARTMENT Audit Certification Form Subrecipient: Fiscal Year Ending: Mo Day Yr ❑ We have exceeded the federal expenditure threshold of $500,000. We will have our Single Audit or Program Specific Audit completed and will submit the audit report within nine (9) months after the end of the audited fiscal year. ❑ We did not exceed the $500,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedule below) Federal Expenditure Disclosure Redera.l Funds Must be filled out if Single Audit or Program Audit is not required: Pass Through Program Name & Contract Federal Grantor Grantor CFDA Number Number Expenditures Total Federal Expenditures for this Fiscal Year $ Printed Name Title(Must be CFO, CEO or equivalent) Authorized Signature (Must be CFO, CEO or equivalent) Phone Number Date Failure to submit this or a similar statement or failure to submit a completed single audit package as described in the audit requirements by the required due date will result in suspension of funding and will affect eligibility for future funding. Submit this form to the City of Fort Worth within 60 days after the end of your Fiscal year- GiTY OF FGR T WGiRTH i-10USiNG DE_rAR i iVCNT 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-1 33 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" Ali organizations that receive a City of Fol-. WoiLi1 award must subunit he provided Audit Certification Form which certifies whether you are subject to a single/program audit. Organizations receiving federal awards from the City of Fort Worth who are not required to have an audit shall certify in writing to the agency. The organizations Chief Executive Officer or Chief Financial Officer shall make the certification within 60 days of the end of the organization's fiscal year. The following items should be submitted to the City of Fort Worth Housing Department within the required timeframe: Due 60 days after organization's fiscal year end: (required for all,subrecipients) Completed Audit Certification Form Due within the earlier of 30 days after receipt of the auditor's report or nine months after the end of the audit period. • Two copies of the entire audit report issued by the CPA • Two copies of any management letter issued by the CPA in conjunction with the audit report Two copies of management's comments on. all findings, recommendations, & questioned costs contained in the audit report and management letter, including a detailed corrective action plan Failure to submit any of these items by the required due date may result in holds on current draw requests, suspension of the organization's contract(s) and eligibility for future funding. If the organization does not meet the- requirements of having a single/program audit conducted, records must still be kept available for review or audit by City of Fort Worth staff(OMB A-133 Subpart B Sec 200(d). If additional information is needed concerning the audit requirements, please call (817) 392-6141. CITY OF FORT WORTH HOUSING DEPARTMENT SINGLE AUDIT REPORT CHECKLIST The Department developed this checklist to help organizations improve the quality and completeness of audit reports. General Purpose or Basic Financial Statements of the Organization Opinion/Report on Organization's Financial Statements in accordance with Government Auditing Standards Notes to the General Purpose or Basic Financial Statements of the Organization A Schedule of Expenditures of Federal Awards, including the Department's contract numbers, the total expended for the federal program, and the CFDA number (OMB A-133 Subpart C Sec 310). Opinion/Report on Schedule of Expenditures of Federal and State Awards Report on Compliance and on Internals Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards. (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, coi-rective 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 �• c,! �C�Ju CITY OF FORT-WORT-El A�-r A rte,,,VTr,-T HOUSING DEPARTMENT SUB GRANTEE'S REQUEST FOR FUNDS- aency Program Name: Contract Number: ReportPeriod: Date of Request: CASH-BALANCE ANALYSIS FOR 1. Beginning Cash Balance $ $ 2. Amount Received: Program Income $ $ City of Fort Worth $ $ Interest Eamed $ 3. Total Fimds Available(1 +2) $ $ 4. Less Expenditure(detail statement cost) $ $ 5. ENDING CASH BALANCE (3-4) $ $ 111 Mum 6. Estimated Expenditures $ 7. Funds Needed(6=5) $ 8. Less Mt�Program Income $ 9: Unpaid Request for Payment Previously Submitted $ 10.Amount of This Request(7-8 &9) $ K i. I.Y Ac`2S'-Purchasi-ng Request A. MARS INPUT: Vendor/PO Number/Requisition Number B. Fund/Acconnt(Center C. Total Amount of this Request IRWIN- 1. Verification A. Model Blocks Planner: B: Contract Manager- C. Accormting: a=) Authorization A. Agency: H. Mgmt&Budget Adninistratoir , Housing Director 7F OVER sa,soo.00 �"'6> CITY"OF FORT WORTH ATTACHMENT II HOUSING DEPARTMENT MANAGEMENT AND BUDGET DIVISION DETAIL STATEMENT OF COSTS CONTRACTNO. DATE AGENCY TO PROGRAM REPORT PERIOD PROGRAM MONTHLY CUMULATIVE COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO RATE BALANCE PERSONAL SERVICES Salaries 516010 FICA 518010. Life Insurance 518050 Health Insurance 518060 Une to ent-Federal 518090 Un. 10 eat Tax-State 518090 Worker's COMD 518040 Retirement 518070 SUPPLIES Office Su lies 521010 Postage 521020 Tcicbing Aids 522030 Food Supplies 52203.0 Other Operatin Supplies 523300 CONTRACTUAL SERVICES, Tele-lion 1 535040 Electric. 535.020 Gas(Utility) 535010 Water/Waste Disposal 535.030 Rent(Building) 537010 Custodial Services 539220 Office Equipment Rental 537030 Printing . 533030 Repairs. 53600 Fid6lity.Bonri 538210 Liability Insurance 534020 Legal&Accotmtin 538060 ?rivate Auto Allowance-Local 532130 advertising- 533010 ,onferences&Seminars 5311.80 ;ontractual Services 539120 sdirect Cost 517010 'APITAL OUTLAY urniture,Fixtures 541330 f ice Eqx#meat L 541370 -operty Insurance DTAL Sub-Contractors CertiEcation_ I certify that the costs incurred are taken from the books of accounts and that such costs are valid and consistent with the terms of the agreement ME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE CZT Y OF FORT WORTH ATTACHMENT LLC HGUSLNG DEPARTMLN'T NL NAGE T AND BUDGET DIVISION EXPENDITURES WORKSHEET CONTRACT NO- DATE AGENCY TO . PROGRAM REP01tT PERIOD CHECK NO. DATE # PAYEE DESCRIPTION ACCOUNT NO. AMOUNT 1 2 3 4 5 6 T 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ' 22 '.3 a T5 - TOTAL TOTAL Sub-Contractors Certification: I certify that the costs i 2curred are taken from the books of accounts and that such costs are valid and_consistent with the terms of the agreement NIE and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE ATTACHMENT IV MONTHLY NARRATIVE REPORT MONTH REPORTING FROM: TO: i . ACCOMPLISEEMENTS II_ ADDITI02LA-L- COMtlENTS REGJA=ING ACCOMPLISILIENTS 'THIS MONTH: Ill. PROjK EMS ENCOUNTERED AND SOLUTIONS PROPOSED: IV. ANTICIPATED ACTIVITIES DURING NEXT.MONTH: CITY Wll-)lfflillll�y �YO `�:NUJ If�YYY' YV L� ATTACHmENT IV(a) 'b cu a ddc�aa0 61 �c r o0 of o O 'ti w � z •� g ;t � d0 A •y .i, H N 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. I. 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 11/1/2006 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 11/1/2006 Page 3 of 3 FISCAL INFORIVIATION/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 005206140XXX $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 11/1/2006