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HomeMy WebLinkAboutContract 51653-A1 RECEIVED CSC No.51653-A1 NOV 1 1 2019 CITY OF FORT WORTH CITYSECRETARY FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO.51653 WHEREAS, the City of Fort Worth ("City") and AB Christian Learning Center (hereafter "Agency")made and entered into City Secretary Contract No.51653("Contract'); WHEREAS,the Contract provides funding to Agency pursuant to a grant received by City from the United States Department of Housing and Urban Development ("HUD") through the Community Development Block Grant Program ("CDBG"), Program No. B-18-MC-48-0010, Catalog of Federal Domestic Assistance No. 14.218; WHEREAS,it is the mutual desire of City and Agency to amend the Contract to allow Agency to add a staff position to the salaries portion of the grant budget; WHEREAS, the new position—shall be for a Reading Intervention Specialist who will provide one-on-one services and small group sessions to children in need of literacy development and enrichment; WHEREAS,the Parties agree that the insurance requirements in the contract should be amended to better address the program and services being provided by Agency;and WHEREAS,it is the mutual desire of City and Agency to amend the Contract to further the Contract objectives. NOW,THEREFORE,City and Agency hereby agree to amend the Contract as follows: I. AMENDMENTS 17. INSURANCE AND BONDING. Agency will maintain coverage in the form of insurance or bond in the amount of$80,000 to insure against General Liability and Professional Liability. The proceeds of such insurance or bond shall be used to reimburse City for any and all loss of CDBG Funds. To effectuate such reimbursement, such fidelity coverage shall include a rider stating that reimbursement for any loss or losses shall name the City as a Loss Payee. Agency shall furnish to City in a timely manner,but not later than the Effective Date,certificates of insurance as proof that it has secured and paid for policies of commercial insurance as specified herein. If City has not received such certificates by the Effective Date,Agency shall be in default of the Contract and City may,at its option,terminate the Contract. Such insurance shall cover all insurable risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this Contract. Agency shall maintain the following insurance coverage and limits: Commercial General Liability(CGL)Insurance $ 500,000 each occurrence $1,000,000 aggregate limit OFFICIAL RECORD Amendment No. 1 to CSC No.51653 CITY SEMTARY AB Christian Learning Center(CDBG) FT. WORTH,TX Note: Such insurance shall cover employees performing work on any and all projects including but not limited to construction, demolition, and rehabilitation. Agency or its contractors shall maintain coverages,if applicable. In the event the respective contractors do not maintain coverage, Agency shall maintain the coverage on such contractor,if applicable,for each applicable contract. Additional Requirements Such insurance amounts shall be revised upward at City's reasonable option and no more frequently than once every 12 months,and Agency shall revise such amounts within 30 days following notice to Contractor of such requirements. Agency will submit to City documentation that it has obtained insurance coverage and has executed bonds as required in this Contract prior to payment of any monies provided hereunder. Where applicable, insurance policies required herein shall be endorsed to include City as an additional insured as its interest may appear. Any failure on part of 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 Agency's insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to do 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 otherwise approved by City. Deductible limits on insurance policies shall not exceed$5,000 per occurrence unless otherwise approved by City. In the event there are any local, federal or other regulatory insurance or bonding requirements for the Program,and such requirements exceed those specified herein,the former shall prevail. Amendment No. 1 to CSC No. 51653 Page 2 AB Christian Learning Center(CDBG) Agency shall require its contractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and Agency shall require its contractors to provide Agency with certificate(s) of insurance documenting such coverage. Also,Agency shall require its contractors to have City and Agency endorsed as additional insureds(as their interest may appear)on their respective insurance policies. Notwithstanding any provision in this Contract to the contrary, when applicable, Agency shall comply with the requirements of 2 CFR 200.310 and shall, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with CDBG Funds as provided to property owned by Agency. A. Exhibit"A"—Program Summary and Exhibit"B"—Budget attached to the Contract are hereby amended and replaced with the attached Exhibit"A"—Program Summary Revised 02/2019 and Exhibit"B"—Budget revised 02/2019. II. This amendment is effective as of the Effective Date of the Contract. III. All terms and conditions of the Contract not amended herein remain unaffected and in full force and effect,are binding on the Parties and are hereby ratified by the Parties. Capitalized terms not defined herein shall have the meanings assigned to them in the Contract. [SIGNATURES APPEAR ON FOLLOWING PAGE] Amendment No. 1 to CSC No.51653 Page 3 AB Christian Learning Center(CDBG) ACCEPTED AND AGREED: AB CHRISTIAN LEARNING CENTER CITY OF FORT WORTH 450-4L— Fernando Costa(Nov 8,2019) I By: Loretta Bu ,Executive Director* Fernando Costa,Assistant City Manager ' ATTEST: APPROVE AS TO FORM AND LEGALITY: L� ' , � ;. To Ann Pafie By Ma yser(Nov 11, By: 1) y„ Jo Ann Pate(Nov 8,2019) : T City Secretary .. .^- JoAnn Pate,Assistant City Attorney M&C: G-19328 TEA Date:August 8,2018 1295 Certification No.2018-362655 APPROVAL RECOMMENDED: By:Sonia Singleton(96v7,2019) Sonia Singleton Interim Director,Neighborhood Services Department CONRACT COMPLIANCE MANAGER: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements Barbara Asbury(Nov 8,2019 By: Barbara Asbury,Compliance and Planning Manager OFFICIAL RECORD CITY SECRETARY FT. WORTWo TX Amendment No. 1 to CSC No. 51653 Page 4 AB Christian Learning Center(CDBG) AB CHRISTIAN LEARNING CENTER EXHIBIT"A" After-School Tutoring PROGRAM SUMMARY PROGRAM SUMMARY (CDBG) October 1,2018 to September 30,2019 $80,000.00 PERIOD AMOUNT Capitalized terms not defined herein shall have meanings assigned them in the Contract. PROGRAM: The Program.provides after-school academic tutoring with a STEM (Science, Technology, Engineering and Mathematics) component to children ages 0 to 12 years of age. Each child will receive a nutritional snack, tutoring and homework assistance. Reading assessments will be conducted on each student at the beginning and at the end of the Program to determine student progress. AB Christian Learning Center will add a Reading Intervention Specialist who will provide one-on-one services and small group sessions to children in need of literacy development and enrichment; WHEREAS, it is the mutual desire of City and Agency to amend the Contract to allow the Agency to add a staff position to be paid from the current salaries of the grant budget; CDBG Funds will be used to pay for salaries and FICA for Program employees,and participants' membership fees charged by the service location (community center). The percentage of any Program employee's salary will not exceed the percentage of Fort Worth clients participating in the Program and shall be cost allocated in accordance with the amount applicable to the CDBG funded Program. I Agency's office is located at 5005 Brentwood Stair Road, Suite 200,Fort Worth,TX 76112. Agency will provide Program services October 2018 through May 2019 at the following City of Fort Worth Neighborhood Center location on the following days and times: Martin Luther King Jr. Communi. Center 5565 Truman Drive, Fort Worth,TX 76112 Monday through Friday, 3:30 p.m.to 6:00 p.m. CDBG 51%PSA CONTRACT 2018-2019—EXHIBIT"A"—PROGRAM SUMMARY Page 1 AB Christian Learning Center Agency shall not change any locations without prior City approval. CAsts incurred at any locations that have not been approved by City shall not be reimbursed. Agency is a Fort Worth Agency which means at least 90% of clier is served by the Program are Fort Worth residents. Agency will submit documentation which vrifies that at least 51% of all clients served by the Program, whether Fort Worth residents or not, are Income Eligible Clients with current household incomes at or below 80% of AMI. REGULATORY CLASSIFICATION: IDIS Matrix Code(s)and Service Category: 05L Child Care Services National Objective Citation: LMC Low/Mod Limited Clientele 24 CFR 570.208(a)(2) Regulatory Citation(s): 24 CFR 570.201(e) PROGRAM GOALS: Minimum Fort Worth Agency Program Performance Outcome: At least 51% of all Program clients must be Income Eligible Clients. Agency must furnish City a Certification of Income Statement for all clients served. For example, if the Program serves 1,000 clients, 510 must be Income Eligible Clients. In this example, Agency would be required to furnish City 1,000 Certification of Income Statements that prove at least 510 of the clients served by the Program are Income Eligible Clients. Minimum Number of Clients to be Served: The Program must serve a minimum of 60 Unduplicated Clients as shown by the monthly reports on Attachment III. When determining the number of clients which constitutes 510%, HUD regulations require that partial numbers must be rounded up. CDBG 51%PSA CONTRACT 2018-2019—EX IIBIT"A"—PROGRAM SUMMARY Page 2 AB Christian Learning Center EXHIBIT"B"-BUDGET Account Grant Budget A B C C Total PROGRAM PERSONNEL Salaries 1001 $ 61,496.00 $ 17,500.00 $ 78,996.00 FICA 1002 $ 5,004.00 $ 5,004.00 Life/Disability Insurance 1003 Health/DentalInsurance 1004 Unemployment-State 1005 $ - $ - Workees Compensation 1006 Retirement 1007 SUPPLIES AND SERVICES Office/Program Supplies 2001 $ Postage 2002 Printing 2003 Computers 2004 $ Books 2005 $ MISCELLANEOUS Contract Labor(City needs copy of contract before expenses can be reimbursed) 3001 $ 3,900.00 $ 3,300.00 $ 7,200.00 Food Supplies 3002 $ 8,000.00 $ 8,000.00 Teaching Aids 3003 $ 2,500.00 $ 3,000.00 $ 5,500.00 Craft Supplies 3004 Field Trip Expenses 3005 Mileage 3006 Other() 3007 Other() 3008 FACILITY AND UTILITIES Telephone 4001 Electric 4002 Gas 4003 Water and Wastewater 4004 Solid Waste Disposal 4005 Rent(City needs copy of lease before expenses can be reimbursed) 4006 Cleaning Supplies 4007 Other() 4008 LEGAL,FINANCIAL AND INSURANCE Fidelity Bond or Equivalent 5001 $ 150.00 $ 150.00 Directors and Officers 5002 $ - General Commercial Liability 5003 $ 350.00 $ 350.00 Other() 5004 DIRECT ASSISTANCE Other(Membership fees to MLK) 6001 $ 9,600.00 $ 9,600.00 BUDGET TOTAL $ 80,000.00 1$ 21,300.00 1$ 8,000.00 $ 2,500.00 $ 3,000.00 $ 114,800.00 FUNDING A:AB Christian Learning Center FUNDING B:Tarrant Area Food Bank FUNDING C:First Books FUNDING D:Dollar General CDBG 51%PSA CONTRACT 2018-2019-EXHIBIT"B"-BUDGET AB Christian Learning Center Page l I The following tables were created for the purpose of preparing,negotiating,and determining the cost reasonableness and cost allocation method used by the Agency for the line item budget represented on the first page of this EXHIBIT`B"—Budget. The information reflected in the tables is to be considered part of the terms and conditions of the Contract. Agency must have prior written approval by the City to make changes to any line item in the Budget as outlined in Section 5.2.2 in the Contract. The deadline to make changes to EXHIBIT°B"—Budget is June 1,2019. SALARY DETAIL-PROGRAM PERSONNEL Est.Percent to Amount to Position Title Annual Salary Grant Grant Executive Director $ 70,000.00 12.1% $ 8,460.00 Site Coordinator $ 3,600.00 100.0% $ 3,600.00 Grant Evaluator $ 5,000.00 100.0%_$ 5,000.00 Grant Manager $ 6,000.00 100.0% $ 6,000.00 Lead Tutor $ 7,776.00 100.0% $ 7,776.00 Tutor $ 6,480.00 100.0% $ 6,480.00 Tutor $ 6,480.00 100.0% $ 6,480.00 Tutor $ 5,220.00 100.0% $ 5,220.00 Tutor $ 5,220.00 100.0% $ 5,220.00 Tutor $ 5,220.00 100.0% $ 5,220.00 Reading Intervention Specialist $2,040 100.0% $ 2,040.00 TOTAL $ 123,036.00 $ 61,496.00 FRINGE DETAIL-PROGRAM PERSONNEL Percent of Est.Percent to Amount to Payroll Amount Grant Grant FICA 7.65% $ 5,004.00 100.0% $ 5,004.00 Life/Disability Insurance Health/Dental Insurance Unemployment-State Worker's Compensation Retirement TOTAL $ 5,004.00 $ 5,004.00 SUPPLIES AND SERVICES Est.Percent to Amount to Total Budget Grant Grant Office/Program Supplies Postage Printing Computers Books TOTAL $ - MISCELLANEOUS Est.Percent to Amount to Total Budget Grant Grant Contract Labor(AmeriCor s Vista contract) $ 7,200.00 54.2% $ 3,900.00 CDBG 51%PSA CONTRACT 2018-2019-EXHIBIT"B"-BUDGET AB Christian Learning Center Page 2 Food Supplies $ 8,000.00 Teaching Aids $ 5,500.00 Craft Supplies Field Trip Expenses Mileage Other() Other O TOTAL $ 20,700.00 18.8% $ 3,900.00 FACILITY AND UTILITIES Est.Percent to Amount to Total Budget Grant Grant Telephone Electric Gas Water and Wastewater Solid Waste Dis osal Rent Cleaning Supplies Other() TOTAL LEGAL,FINANCIAL AND INSURANCE Est.Percent to Amount to Total Budget Grant Grant Fidelity Bond or Equivalent $ 150.00 Directors and Officers General Commercial Liability $ 350.00 Other( TOTAL $ 500.00 DIRECT ASSISTANCE Est.Percent to Amount to Total Budget Grant Grant Membership fees to MLK $ 9,600.00 100.0% $ 9,600.00 TOTAL $ 9,600.00 100.0% $ 9,600.00 CDBG 51%PSA CONTRACT 2018-2019-EXHIBIT"B"-BUDGET AB Christian Learning Center Page 3