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HomeMy WebLinkAboutContract 37491 (2)STATE OF TEAAS § COUNTY OF TARRANT n Y SECRETARY ®NTR ACT NO. 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 Joe Paniagua, Jr., its duly authorized First Assistant City Manager, and Reach ("Contractor"), whose address is 1205 Lake Street, Fort Worth, Texas, 76102, acting by and through Ms. Charlotte A. Stewart, its duly authorized Executive Director. (Sometimes City and Contractor are referred to individually as a "Party" and collectively as the "Parties".) WHEREAS, City has received grant monies from the United States Department of Housing and Urban Development ("HUD") under Title 1 of the Housing and Communi Hty 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-08-MC-48-0010, for YearOiIV; 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. Contractor will administer public services to citizens of the City of Fort Worth under the program name Project Ramp ("Program"), for the term June 1, 2008 to May 31, 2009. b. Contractor will be responsible for administering Project Ramp in a manner satisfactory to City and consistent with any standards required as a condition of providing the CDBG funds (as hereinafter defined). The Program will include the following CDBG eligible activities: Contractor will provide the services and activities as set forth in Exhibit A -Program Summary in accordance with Exhibit B- Program Services Schedule. c. Contractor agrees to meet the National Objective of activities benefiting low and moderate -income individuals and to maintain full documentation supporting fulfillment of this National Objective in its files as defined in 24 CFR 570.208. Contractor certifies that the activities carried out under this Contract will serve low and moderate -income persons. Contractor will ob ire orma fan size and income of Program participants. All such do me t i� j 11 be furnish d to CDBG YEAR XXXIV CONTRACT CITY SECRETAFe06-19-07 REACH, Inc -Project Ramp 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 Contractor on this Contract or any other contract with Contractor, or terminate this Contract as described herein. d. City will monitor and evaluate Contractor's performance using the goals and performance standards required in this Contract. Substandard performance as determined by City monitoring will constitute non-compliance with this Contract. If action to correct such substandard performance is not taken by Contractor within a reasonable period of time after being notified in writing by CitS, procedures to suspend or terminate the Contract will be initiated. e. If applicable, Contractor shall comply and assist City in complying with the provisions of any federal requirements regarding displacement, relocation and/or real property acquisition. f. Contractor agrees to take reasonable steps to ensure meaningful access to the Program and associated activities by limited English proficient persons. 2. Conzf�en.ration and Method of Payment a. City will disburse CDBG Year IZ�'IV funds ("CDBG Funds") in an amount up to twenty one thousand and five hundred and no/100 dollars, $21,500 to Contractor on a reimbursement of expenses basis. b. Payment will be processed by City following receipt from Contractor 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 Contractor 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 Operating Budget and in accordance with performance specified in Exhibit B-Program Services Schedule. City will not disburse funds for expenditures that occurred prior to the beginning date of the term of this Contract. c. Contractor agrees to utilize all disbursed CDBG Funds for the benefit of the Program. Contractor agrees that all funds will be expended in accordance with Exhibit C-Program Operating Budget. Contractor may not increase or decrease line - item amounts in the approved CDBG Funds portion of Exhibit C-Program Operating Budget without City's prior written approval. Contractor acknowledges and agrees that any CDBG Funds not used in accordance with the CDBG Regulations and the terms of this Contract will be repaid to City. d. It is understood that the total cost for operation of this Program is $23,013 and that Contractor will obtain from other sources the remaining funds in excess of the CDBG Funds as detailed in Exhibit C-Program Operating Budget. Contractor 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 Operating Budget in such instances. e. Contractor agrees to keep all CDBG Funds on hand in interest bearing accounts. All interest earned shall be reported to City on a monthly basis, at the same time as CDBG YEAR XXXIV CONTRACT Rev. 06-19-07 REACH, Inc -Project Ramp Page 2 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. £ Contractor will not commingle CDBG Funds with any other funds in any manner that would prevent City from readily identifying expenditures for operation of the Program. 3. Unifor�z Administrative Beguirements and Program Management Standards a. Financial Management i. Accounting Standards Contractor agrees to comply with OMB Circular A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non -Profit Organizations", and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. ii. Cost Principles Contractor shall administer the 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 Contractor shall maintain all records pertinent to the activities to be funded under this Contract required in 24 CFR 570.506. In addition, Contractor agrees to keep records to fully document all expenditures charged to the CDBG portion of the Program, including records documenting 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. Contractor may destroy Program records at the end of this four (4) year period if no outstanding audit finding exists. (2) Contractor will retain any Program loan records until four (4) years after the expiration of any loan. in. Real Property Records Contractor shall maintain real property inventory records that clearly identify properties purchased, improved, or sold. Properties retained shall meet eligibility criteria and shall conform to the requirements of 24 CFR 570.5056 iv. Closeouts Contractor's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not CDBG YEAR XXXIV CONTRACT Rev. 0649-07 REACH, Inc -Project Ramp Page 3 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 Contractor under this Contract for the purpose of audit, examination, exception and transcription at all of Contractor's offices at all reasonable hours. (2) All non-federal entities that expend $500,000 or more in Federal funds within one (1) year, regardless of the source of the Federal award, must submit to City an annual audit prepared in accordance with 24 CFR Sections § 570.502- 570.503 generally, with specific reference to OMB Circulars (with attachments) A-122, "Cost Principles for Non -Profit Organizations", and A- 133, "Audits of States, Local Governments, and Non -Profit Organizations", as appropriate. The audit may cover either Contractor's fiscal year during which this Contract is in force or cover the period of this Contract. The audit must be prepared by an independent certified public accountant, be completed within nine (9) months following the end of the period being audited and be submitted to City within thirty (30) days of its completion. Contractor's audit certification is attached hereto as Exhibit D - Audit Schedule Independent Audit Requirement. The Audit Schedule Form must be submitted to City within sixty (60) days of the end of the period being audited (Contractor's fiscal year). Costs of preparation of this audit may be an allowable expenditure of CDBG Funds in an amount proportional to that of the CDBG Funds used in Contractor's total agency operating budget. Non-profit entities that expend less than $500,000 a year in Federal funds are exempt from Federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the Federal agency, City, and General Accounting Office ("GAO"). (3) City reserves the right to perform an audit of Contractor's agency operations and finances at any time during the term of this Contract, if City determines that such audit is necessary for City's compliance with OMB Circular A-133. Contractor agrees to allow access to all relevant books, records and materials. If such audit reveals a questioned practice or expenditure, such questions must be resolved within fifteen (15) days after notice to Contractor. If questions are not resolved within this period, City reserves the right to withhold further funding under this Contract and/or any other contract(s) with Contractor. (4) If as a result of any audit it is determined that Contractor has misused, misapplied or misappropriated all or any part of the CDBG Funds, Contractor agrees to reimburse the City the amount of such monies so misused, misapplied or misappropriated, plus the amount of any sanction, penalty or other charge levied against City because of such misuse, misapplication or misappropriation. 4. Bepo��ing Procedures CDBG YEAR XXXIV CONTRACT Rev. 06-19-07 REACH, Inc -Project Ramp Page 4 a. Financial Reports Contractor will submit to City on a monthly basis: (1) Attachment I -Request for Funds, (2) Attachment II -Detailed Statement of Costs, (3) Attachment III - Expenditures Worksheet, as applicable, for expenses incurred for services and activities accomplished by Contractor in performance of this Contract. Actual cash receipts for claimed expenditures must be provided at the time the request for funds is presented. The reports must be signed by a duly authorized agent of the Contractor and submitted by the 15`b 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 Contractor will submit to City on a monthly basis: (1) Attachment IVa-Program Services Report, (2) Attachment IVb-Direct Benefit Data Report, (3) Attachment V- Performance Report, and (4) Attachment VI -Client Data Report for services and activities undertaken by Contractor in performance of this Contract. The report will be signed by a duly authorized agent of Contractor 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 beginning date of this Contract. c. Program Income Contractor 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. Contractor may expend CDBG Funds only if program income is insufficient to meet all eligible Program activity expenses. Contractor 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 B-Program Operating Budget. d. Procurement i. Compliance Contractor shall comply with City policy concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property, as defined by such policy, procured with funds provided under this Contract. ii. OMB Standards Contractor shall procure all materials, property, or services in accordance with the requirements of 24 CFR Part 84, Procurement Standards and Property Standards, as modified by 24 CFR Part 570.502(b)(6), covering utilization and disposal of property. e. Program Participant Records i. Contractor 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. lit Contractor 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: CDBG YEAR XXXIV CONTRACT Rev. 06-19-07 REACH, Inc -Project Ramp Page 5 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. 5. Reversion of Assets a. Contractor agrees to return to City any CDBG Funds remaining on hand at the end of the Contract. b. All property purchased with CDBG Funds under this Contract will be used solely for operation of the Program. Contractor agrees to obtain City approval prior to purchase of property and Contractor agrees to notify City upon receipt of property so that it may be properly tagged and inventoried. Title to such property will be vested in City, and Contractor will deliver all such property to City for disposition at City's sole discretion at the termination of the Program. 6. Applicable Laws a. Federal Contractor agrees to comply with the following laws and the applicable regulations as they are currently written or are hereafter amended during performance of this Contract: • 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.) • Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USC 4601 et seq.) and its related regulations at 49 CFR Part 24 • 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, 112463 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 CDBG YEAR XXXIV CONTRACT Rev. 0649-07 REACH, Inc -Project Ramp Page 6 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 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. Co 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 CDBG YEAR XXXIV CONTRACT Rev. 0649-07 REACH, Inc -Project Ramp Page 7 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 Contractor understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Program, binding upon City and Contractor, and their respective successors, assigns and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors, and their respective successors and assigns, to those sanctions specified by the Grant Agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. c. Other Laws Contractor covenants and agrees that its officers, members, agents, employees, 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 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 seq.). Contractor 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 Contractor or any of its officers, members, agents, employees, Program participants or subcontractors, then Contractor shall immediately desist from and correct such violation. 7. Noncliscfzmmination CDBG YEAR XXXIV CONTRACT Rev. 06-19-07 REACH, Inc -Project Ramp Page 8 a. Contractor will not unlawfully discriminate against any person or persons because of sex, race, religion, age, disability, color, national origin, or familial status, not will Contractor permit its officers, members, agents, employees, subcontractors or Program participants to engage in such discrimination. b. Contractor covenants that neither it not 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. Contractor further covenants that neither it not 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"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, not in the availability, terms and/or conditions of employment for applicants for employment with Contractor, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable Federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above -referenced laws concerning disability discrimination in the performance of this Contract. e. This Contract is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article III, Division 3 "Discrimination in Employment Practices", of the City Code, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents, employees and subcontractors, have fully complied with all provisions of same and that no employee, employee -applicant or Program participant has been discriminated against by the terms of such ordinances by either the Contractor or its officers, members, agents, employees or subcontractors. 8. Prohibition Against Interest a. No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which the 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. Contractor shall incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts entered into in connection with the Program. CDBG YEAR XXXIV CONTRACT Rev. 0649-07 REACH, Inc -Project Ramp Page 0 b. No member, officer, employee, or Program participant of Contractor or its subcontractors shall have a financial interest, direct or indirect, in this Contract or the CDBG Funds transferred hereunder or be financially interested, directly or indirectly, in the sale to Contractor of any land, materials, supplies or services purchased with any CDBG Funds transferred hereunder, except on behalf of Contractor, \as an officer, employee, member or Program participant. Any willful violation of this paragraph with the expressed or implied knowledge of Contractor or its subcontractors shall render this Contract voidable by City. 9. Mino�zty and iYlomen Bir.riness Enter�yz.re Commitment Contractor agrees to abide by City's policy to involve Minority and Women Business Enterprises ("MWBEs") in all phases of its procurement practices and to provide them an equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by City. Contractor agrees to incorporate City Ordinance No. 15530, and all amendments or successor policies thereto, into all contracts and will further require all persons or entities with whom it contracts to comply with said MWBEs policy. 10. Non A.rrignnzent No assignment or delegation of duties under this Contract by Contractor shall be effective without City's prior written approval. 11. Independent Contractor a. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Contractor shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, Program participants, licensees or invitee. The doctrine of respondeat superior shall not apply as between City and Contractor, 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 Contractor. It is expressly understood and agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of the Contractor, not 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, subcontractors, Program participants, licensees or invitees. b. City shall in no way nor under any circumstances be responsible for any property belonging to Contractor, its officers, members, agents, employees, subcontractors, Program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged; and Contractor hereby indemnifies and holds harmless City and its officers, agents, and employees from and against any and all claims or suits. CDBG YEAR XXXIV CONTRACT Rev. 06-19-07 REACH, Inc -Project Ramp Page 10 12. Indemnification, Insurance and Bonding a. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE 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 CONTRACTOR HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE OF THIS CONTRACT AND AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE 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. CONTRACTOR LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OF OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF CONTRACTOR, ITS OFFICERS, MEMBERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS, OR CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY THE CITY'S SOLE OR CONCURRENT NEGLIGENCE. CDBG YEAR XXXIV CONTRACT Rev. 06-19-07 REACH, Inc -Project Ramp Page 11 CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO INCLUDE IN THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. b. Contractor will maintain blanket fidelity coverage in the form of a bond in the amount of $21,500, to insure against loss from the fraud, theft or dishonesty of any of Contractor's officers, agents, trustees, directors or employees. The proceeds of such bond shall be used to reimburse City for any and all loss of CDBG Funds occasioned by such misconduct. To effectuate such reimbursement, such bond shall include a rider stating that reimbursement for any loss or losses thereunder shall be made directly to City for the uses and benefit of Contractor. c. Contractor shall furnish certificates of insurance as proof that it has secured and paid for policies of workers' compensation, public liability and automobile liability insurance covering all risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this Contract. The amounts of such insurance shall not be less than the maximum liability that can be imposed on City under the laws of the State of Texas. Contractor understands and agrees that such insurance amounts may be revised upward at City's option and that Contractor shall revise such amounts within thirty (30) days following notice to Contractor of such requirements. d. Contractor will submit documentation to City that it has obtained insurance coverage and has executed bonds as required in this contract within thirty (30) days of the execution of this Contract and prior to payment of any monies hereunder. e. Any failure on part of the City to request certificates) of insurance shall not be construed as a waiver of such requirement or as a waiver of the insurance requirements themselves. Insurers of Contractor insurance policies shall be licensed to do business in the State of Texas by the Department of Insurance or be otherwise eligible and authorized to business in the state of Texas. Insurers shall be acceptable to City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rating of A: VII or other equivalent insurance industry standard rating unless otherwise approved by City. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by City. £ Any local, federal or other regulatory insurance or bonding requirements for the Program that exceed those specified herein shall prevail. g. Contractor shall agree to require its subcontractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and, Contractor shall require its subcontractors to provide Contractor with certificate(s) of insurance documenting such coverage. Also, Contractor shall require its subcontractors to have City and Contractor endorsed as additional insured (as their interests may appear) on their respective insurance policies. Contractor shall require its subcontractors to maintain builders risk insurance at the limit of applicable pro)ect(s) costs when the value of materials involved exceeds $10,000 or at a different limit value limit as specified by City. 13. 1Faiver of Immunity CDBG YF..AR XXXIV CONTRACT Rev. 06-19-07 REACH, Inc -Project Ramp Page 12 If Contractor is a charitable or nonprofit organization and has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death, to persons or property; Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. 14. Te�naination 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 XXXIV funds; that all monies distributed to Contractor hereunder shall be exclusively from Federal monies received under said grant and not from any other monies of City; and that if such funds under City's grant are not timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this Contract and City shall not be liable for payment for any work or services performed by Contractor under or in connection with this Contract. b. City may terminate this Contract whenever such termination is determined to be in City's best interest, in event of Contractor's default, inability or failure to perform or to comply with any of the terms herein, or, for other good cause. c. The Parties acknowledge that CDBG Funds paid hereunder are intended to provide only partial funding for Contractor's program operations. City may terminate this Contract if non-CDBG fiends included in the Operating Budget are not forthcoming to Contractor during the Contract term. d. CDBG Funds provided hereunder may not be used as collateral for loans to Contractor to defray 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 Contractor, specifying the portions of the Contract affected and the effective date of termination. Upon Contractor's receipt of such termination notice, Contractor will: • Stop work under the Contract on the date and to the extent specified by City; • Cease expenditures of CDBG Funds, except as necessary for completion of the portions of the Contract not terminated; and • Terminate all orders and contracts to the extent that they relate to portions of the Contract being terminated. £ Contractor will return to City any unused CDBG Funds previously advanced by City under this Contract within thirty (30) days of the effective date of Contract termination. City will have no responsibility or liability for Contractor's expenditures or actions occurring after the effective date of Contract termination. 15. Certification Kegatding Lobbying a. The undersigned representative of Contractor hereby certifies, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will CDBG YEAR XXXIV CONTRACT Rev. 0649-07 REACH, Inc -Project Ramp Page 13 be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. Contractor shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of Federal funds. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certificate is a prerequisite for making or entering into this Contract imposed by 31 USC Section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. 16. Miscellaneoars Provisions a. All terms of this Contract shall apply to any and all subcontractors of Contractor who are in any way paid with CDBG Funds or who perform any work in connection with Contractor's 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 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 CDBG YEAR XXXIV CONTRACT Rev. 0649-07 REACH, Inc -Project Ramp Page 14 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, not shall said performance rendered or funds received be utilized so as to benefit, directly or indirectly, any such sectarian or religious facility or activity. h. Contractor represents that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract and to perform the responsibilities herein required. i. Contractor certifies that it has obtained a 501 (c) (3) Certificate from the Internal Revenue Service. Contractor shall notify City in writing of any changes to its 501 (c) (3) tax-exempt status during the term of this Contract. [SIGNATURES APPEAR ON FOLLOWING PAGE] CDBG YEAR XXXIV CONTRACT Rev. 06-19-07 REACH, Inc -Project Ramp Page 15 IN WITNESS WHEREOF, the Parties hereto have executed three copies of this Contract in Fort Worth, Tarrant County, Texas, this QmS'''% day of I QA I, 20 a—. CITY OF FORT By: Joe I First APPROVED AS TO FORM AND LEGALITY: City Attorney ATTEST: City Secretary STATE OF TE�'AS � COUNTY OF TARRANT Reach By: ( )- u. Ms. Charlotte A. Stewart Executive Director Contract Authorization ' �)I Ioce date This instrument was acknowledged before me on , 2008 by Joe Paniagua, Jr., the First Assistant City Manager of the Cify of Fort Worth, on behalf of the City of Fort Worth. 2�`nPY PUp�'EMARIA S. SANCHEZ otary Public, State of Tee s a NOTARY PUBLIC STATE OF TEXAS My Comm. Exp. 12-14.2009 P oc� STATE OF TE��AS � COUNTY OF TARRANT � This instrument was acknowledged before me on by Ms. Charlotte Stewart, the Executive Director of on behalf"o said corporation. / ROSIN L. LASSITER MY COMMISSION EXPIRES Marsh 9, 2011 CDBC PEAR X 1i`XIV CONTRACT REACH, Inc -Project Ramp non 2008 to of Texas OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Rev. 064M7 Page 16 EXHIBIT A CONTRACT NO. PROGRAM SUMMARY REACH, Inc. AGENCY Project Rarnp PROGRAM June 1, 2008-May 31, 2009 PERIOD $21,500 AMOUNT PROGRAM DESCRIPTION This scope of Services is based on the proposal prepared and submitted by the Subrecipient through the City of Fort Worth and the Housing Department Contract Management Division's annual Request for Proposal (RFP) process. However, in the event of any conflict between the proposal and any provision contained herein, this Agreement shall control. In addition to die activities listed below, the Subrecipient agrees to operate this Community Development Block Grant program consistent with the program delivery stated in the approved proposal. Through Project Ramp, REACH will construct ramps at the homes of low income individuals with mobility I mpairments. The individuals served under this project will live in the City of Fort Worth, can be of any age, must have a mobility impairment requiring the use of a ramp, be low income based on Federal Income Guidelines, be a homeowner or live with the homeowner, and have no delinquent property taxes. Each property will be submitted to Housing Department staff for an environmental study and approval before construction. Building permits will be obtained through the City of Fort Worth Permit and Development Department when required based on building specs. Each ramp will be built to the ramp specifications outlined in the ADA Accessibility Guidelines and city requirements. The construction of each ramp will take place at the residence of the individual being helped. Construction will take place Monday — Saturday from 7:00 am to 6:00 pin. COUNCIL DISTRICT (S) -ALL PROGRAM GOALS REACH's goal under this project is to increase the independent living status of low income individuals with mobility impairments by building 18 to 21 ramps at their place of residence. PROGRAM OB„jECTIVES The primary objective of this project is to provide the opportunity for individuals with mobility impairments to remain productive citizens with the aid of a ramp, which is often one of the most basic requirements individuals need to maintain their independence in a residential setting. A ramp aids in preventing injury to die individual when entering/exiting the home. A ramp also makes it easier for family members, friends, health care workers, and transportation providers to assist the individual. A ramp enables them to come and go as they choose so that they can go to work, attend religious services, visit the doctor, go grocery shopping, etc. Through this project we intend to assist these individuals in becoming less dependent on others in the community, give them the opportunity to get out and participated in community life and improve their physical and mental well being. PROGRAM SERVICES and ACTIVITIES GOALS Construction of ramps at the home of low income individuals with mobility impairments. 18 to 21 Construction will take place Monday — Satwrday from 7:00 am to 6:00 pm A unit of service ramps will be the construction of one ram qi ro W \ LU 0 U U) a PY U d'+ L '0 a C/) L. an U /f� NnON ry O N F-- A L Q a d N LL C (C N U N 0 N Z U N D N QN � N C � N N O fiS (A 7 Cc wo O V a N , o E Q O U U •— O = Q O — O 0 o E CITY OF FORT WORTH CDBG YEAR XXXIV CONTRACT PERIOD I From: 6/1/2008 To: 5 UA/ U09 Name of Sub Grantee REACH, Inc Name of Program: Project Ramp EXHIBIT C Page 1 of 3 Program CDBG Cost Category Budget Funds [a] [b] [c] [d] PERSONNEL SERVICES Salaries $5,300 $ 53300,00 FICA $ 405.00 $ 405.00 Life Insurance $ 63.00 $ 63.00 Health Insurance $ 11359000 $ 11359,00 Employment Tax - State $ 5.00 $ 5.00 Employment Tax - Federal Worker's Comp $ 36.00 $ 36.00 Retirement SUPPLIES Office Supplies $ 75.00 $ 75.00 Postage $ 60.00 $ 60.00 Teaching Aids Food Supplies Other Operating Expenses $ 7,955.00 $ 71955,00 (Building Materials) CONTRACTUAL SERVICES Telephone $ 250.00 $ 250.00 Electric Gas Water/Waste Disposal Rent [Building] $ 522.00 $ 522.00 Custodial Services Office Equipment Rental Printing Repairs (Labor & Permits) $ 13,545000 $ 13,545000 Fidelity Bond $ 25.00 $ 25.00 Liability Insurance $ 115.00 $ 115.00 Legal & Accounting Private Auto Allowance - Local $ 275.00 $ 275.00 Advertising Conference & Seminars Contractual Services Miscellaneous $ - CAPITAL OUTLAY $ - Office Furniture Computer Equipment Other: [Described] $ $ $ - - - TOTAL $291990.00 $21,500.00 $81490.00 $0.00 $0.00 $0.00 MATCHING FUND SOURCES [a] REACH Match Funds [b] [c] [d] BUDGET DETAIL PERSONAL SERVICES Page 2 of 3 Hourly Annual % of Position / Title Rate Hours Time Amount 1 2 3 4 5 6 7 8 TOTAL STAFF SALARIES - CATEGORY FICA Life Insurance Health Insurance Employment Tax Worker's Comp Retirement TOTAL FRINGE BENEFITS TOTAL PERSONAL SERVICES of Payroll FRINGE BENEFITS Paid %Paid Amount by Agency by CDBG Amount CATEGORY Telephone Electric Gas Waste/Water Disposal Other Total Utilities 1 2 3 TOTAL BUILDING LEASE CATEGORY Fidelity Bond LiabilitInsurance Legal Accounting Office Supplies Postage Printing Mileage Advertising TOTAL OTHER EXPENSES y EVENT BUDGET DETAIL UTILITIES AVERAGE COST PER NUMBER OF MONTHS MONTH 0 111J1_��71►[H��_F�� Page 3 of 3 /9►�iU1�L�1 BUILDING COST PER SQUARE LOCATION NO, SQUARE FOOT FOOT AMOUNT OTHER EXPENSES TOTAL CHARGE %CHARGED TO CDBG AMOUNT CONFERENCES AND SEMINARS TOTAL CHARGE 1 2 3 TOTAL CONFERENCES AND SEMINARS ITEM CHARGED TO CDBG AMOUNT OFFICE EQUIPMENT RENTAL TOTAL CHARGE CHARGED TO CDBG AMOUNT 1 Copier Lease 0% 2 TOTAL OFFICE EQUIPMENT RENTAL C EXHIBIT "D" AUDIT SCHEDULE INDEPENDENT AUDIT REQUIREiVIENT BUSINESS/AGENCY NAME: REACH, Inc. PROGRAM: Project Ramp CDBG YEAR: 7�:XXIV AMOUNT FUNDED: $21,500 Name of Independent Auditor who will perform agency audit: Independent Auditor to be contracted during CDBG contract period. Date audit is to be performed: Within 60 days of completion of CDBG funded project. The following language is a condition of your contract with the City: (1) For all contracts in which Contractor is cumulatively receiving federal monies in the amount of $500,000 or more, Contractor 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 and A-133 as appropriate. The audit may cover either Contractor's fiscal year during which this contract is in force or cover the period of this contract. The audit must be prepared by an independent certified public accountant, be completed within nine (9) months following the end of the period being audited and be submitted to City within thirty (30) days of its completion. Contractor's audit schedule is attached hereto as Exhibit D - Audit Schedule. Costs of preparation of this audit may be an allowable expenditure of CDBG funds in an amount proportional to that of the CDBG funds used in contractor's total agency operating budget. This form is to be completed and submitted to the Housing Department Contract Management Division at the beginning of each contract year. REACH, Inc. Project Ramp EXHIBIT E CONFLICT OF INTEREST All Applicants The standards in OMB Circular A-110, Subpart C, provide that no employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by Federal funds if real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in the firm selection for an award. CDBG and HOME Applicants Only The CDBG regulations at 24 CFR 570 570.611 and HOME regulations at 24 CFR 92.356 provide that no person who is an employee, agent, consultant, officer, or elected official or appointed official of the recipient or Subrecipient that are receiving CDBG or HOME funds and (1) who exercises or has exercised any functions or responsibilities with respect to activities assisted with CDBG funds; or (2) who is in a position to participate in a decision -making process or gain inside information with regard to these activities, may obtain a financial interest from a CDBG-assisted or HOME -assisted activity, or have any interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with who they have family or business ties, during their tenure or for one (1) year thereafter. IF NO CONFLICTS EXIST, COMPLETE THE FOLLOWING: I certify that no conflict of interest exists between The City of Fort Worth and (Name of Organization) I certify that no conflict of interest exists between the subcontractors of and (Name of Organization) IF THERE IS A CONFLICT, COMPLETE THE FOLLOWING: I certify that a conflict of interest does exist between The City of Fort Worth and (Name of Organization) I certify that a conflict of interest does exist between and (Name of subcontractor) (Name of Organization) Describe the nature of the conflict of interest below: (Please identify the individual, employment, and the conflict or potential conflict [their affiliation with your Charlotte Stewart, Executive Director Typed Name and Title APPENDIX A — CONSTITUTIONAL PROVISION Contractor represents that it is, or may be deemed to be, a religious or denominational institution or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institutional or organization. Pursuant to Title 24 CFR CH. V § 570.2000). Contractor agrees that in connection with this contract: a. It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion, and; b. It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion, and; c. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services, and; d. Where public services provided under paragraph 0)(3) of section 24 CFR 570. 200 are carried out on property owned by the primarily religious entity, CDBG funds may also be used for minor repairs to such property which are directly related to carrying out the public services where the cost constitutes in dollar terms only an incidental portion of the CDBG expenditure for the public services. CITY OF FORT WORTH HOUSING DEPARTMENT CONTRACT MANAGEMENT DIVISION REQUEST FOR FUNDS AGENCY: REACH. Inc. ADDREss: 1205 Lake Street Fort Worth, Texas 76102 SECTION 1 (AGENCY) I. Reimbursement Request 1. Expenditures: 2, Income A. Program Income B. City of Fort Worth C. Interest Earned CDBG Funds 3. Reimbursement (1 minus 2) II. Advance Pay Requests/Repayment III. Reporting Interest 1. Interest over $25 per quarter returned to City of Fort Worth SECTION II (CITY) 1. BYSPEED - Purchasing Request A. BYSPEED INPUT: Vendor/PO Number/Requisition Number: B. Fund/Account/Center: C. Total Amount of this Request: SECTION III 1. Verification A. Contract Compliance Specialist B. BYSPEED -Purchasing C. Accounting II. Authorization A. Agency B. Sr. Contract Compliance C. Housing Director (Name) (Name) (Name) Robin L. Lassiter (Name) Marilyn Jackson (Name) (Name) PROGRAM: CONTRACT NUMBER: CONTRACT AMOUNT: CONTRACT DATE: DATE OF REQUEST: CURRENT MONTH G R76/539120/005206270270 (Signature) (Signature) (Signature) (Signature) (Signature) (Signature) Distribution: 1 Copy -Accounting 1 Copy -Con. Mgmt Note: Any Request for Funds that exceed $8500 require the signature of both Marilyn Jackson and Jerome Walker Attachment I Project Ramp �a $211500 6/1/2008 CUMULATIVE (Date) (Date) (Date) (Date) (Date) (Date) CITY OF FORT WORTH HOUSING DEPARTMENT CONTRACT MANAGEMENT DIVISION DETAIL STATEMENT OF COSTS REACH, Inc. AGENCY Project Ramp PROGRAM 6/1 /2008 CONTRACT NO, DATE REPORT PERIOD TO COST CATEGORY ACCOUNT PROGRAM BUDGET MONTHLY EXPENDITURES CUMULATIVE TO DATE BALANCE PERSONAL SERVICES Salaries 516 010 FICA 518 010 Life Insurance 518 050 Health Insurance 518 060 ' Unemployment Tax- State 518 090 Worker's Comp 518 040 Retirement 518 070 SUPPLIES Office Supplies 521 010 Postage 521 020 Teaching Aids (Equipment) 522 030 Food Supplies 522 030 Other Operating Supplies 523 300 7,955.00 CONTRACTUAL SERVICES Telephone 535 040 Electric 535 020 Gas [Utility] 535 010 Water/Waste Disposal 535 030 Rent [Building] 537 010 Custodial Services 539 220 Office Equipment Rental 537 030 Printing 533 030 Repairs (labor andpermits) 536 010 13,545.00 Fidelity Bond 538 210 Liability Insurance 534 020 Legal & Accounting 538 050 Private Auto Allowance- Local 532 130 Advertising 533 010 Conferences & Seminars 531 180 Contractual Services 539 120 CAPITAL OUTLAY Furniture, Fixtures 541 330 Office Equipment, Computers 541 370 Other Equipment 541 320 TOTAL 21, 500.00 Contractors Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid and consistent with the terms of NAME and TITLE OF AUTHORIZED OFFICER PREPARE ONE FORM FOR EACH SOURCE OF FUNDS DISTRIBUTION: 1 Copy -Accounting 1 Copy -CM I Copy - Agency 2 SIGNATURE and DATE IASGM FORM Apri12002 ATTACHMENT III CITY OF FORT WORTH HOUSING DEPARTMENT CONTRACT MANAGEMENT DIVISION EXPENDITURES WORKSHEET REACH, Inc. Agency Project Ramp Program 6/1 /2008 Contract Number Date To Report Period NO DATE CHECK NO PAYEE DESCRIPTION ACCOUNT NO. AMOUNT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 p25 26 TOTAL TITLE OF AUTHORIZED OFFICER Distribution: 1 copy -Accounting 1 copy-IAGM 1 copy -Agency SIGNATURE AND DATE Name and Address of Sub -Grantee (REACH. Inc. 11205 Lake Street (Fort Worth. Texas 76102 Services and Activities City of Fort Worth Contract Management Division CDBG Year XXXIV Public Service 2. Project Name 3. Contract No. 4. Date of Request Month &Year Current Month Cumulative Number of New Households and/or Persons Served Month Project Ramp Extremely Low Low Income Moderate Income Above Moderate Income Attachment IVa Household Size 1 2 3 4 5 6 7 8 0-307O 4)13,600 $15,500 $17,450 $19,400 $20,950 $22,500 $24,050 $25,600 31-50% $22,600 $25,850 $29,050 $32,300 $34,900 $37,450 $40,050 $42,650 51=80% $36,200 $41,350 $46,550 $51,700 $55,850 $59,950 $64,100 $68,250 Certification: The undersigned hereby gives assurance that to the best of my knowledge and belief, the data included in this report is true and accurate, and if a non-profit agency, has been approved by the governing body of the organization prior to submission. Submitted by: Phone No. 1. Name and Address of Sub -Grantee REACH, Inc. 1205 Lake Street ort Worth, Texas 76102 Direct Benefit Data urrent Manth (Cumulative went Month ve (Current Month mutative Month umulative CITY OF FORT WORTH CONTRACT MANAGEMENT DIVISION CDBG YEAR XXXIV PUBLIC SERVICE 2. Project Name Project R 3. Contract No. 4. Date of Request Month &Year Household and /or Persons Served) Black White African/American Asian and Black/African White American&White Female Head of Household Indian/Alaskan Asian Native Bl American Indian/Alaskan Native & ack African American Other Multi -Racial Attachment IVb Native Hawaiian/Other American Indian/Alaskan) Pacific Islander Native and White Certification: The undersigned hereby gives assurance that to the best of my knowledge and belief, the data included in this report is true and accurate, and if a non- profitagency, has been approved by the governing body of the organization prior to submission. I Date: Submitted by: Phone No, Signature Required Step 1: Ethnicity- Report whether client identifies themselves as Hispanic orNon-Hispanic Step 2: Race -Identify the category chosen by the client Agency/Address REACH, Inc. 1205 Lake Street CITY OF FORT WORTH HOUSING DEPARTMENT PUBLIC SERVICE ATTACHMENT V 2. Project Name: Project Ramp 3. Contract No: Contract Date: June 1, 2008 Fort Worth, Texas 76102 4. Date of Request: Contract Amount:_ 21,500 Month &Year 5. PROGRAM SERVICES AND ACTIVITIES : CURRENT CUMULATIVE 6. SCOPE OF WORK NARRATIVE: 7. PROBLEMS ENCOUNTERED / SOLUTIONS PROPOSED 8. ANTICIPATED ACTIVITY DURING THE NEXT MONTH 9. Certification: The undersigned hereby gives assurance that to the best of my knowledge and belief, the data included in this report is true and accurate, and is anon -profit agency, has been approved by the governing body of the organization prior to submission. Date: Submitted Phone No. Signature Required a v U l0 Q N ot N L .a a d L d �O E 0 V m LL ma N O d v cv X d d C7 a d R Z Page 1 of 3 City of Forf Worth, Texas • • � • • COUNCIL ACTION: Approved on 8/19/2008 DATE: Tuesday, August 19, 2008 LOG NAME: 050809GRANTACT REFERENCE NO.: C-22978 SUBJECT: Authorize Execution of Contracts for Community Development Block Grant Year XXXIV, Emergency Shelter Grant Year 2008-2009 and Housing Opportunities for Persons with AIDS 2008-2009 Contracts RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Execute contracts for Community Development Block Grant Year XXXIV, Emergency Shelter Grant Year 2008-2009 and Housing Opportunities for Persons with AIDS Year 2008-2009 with the listed organizations to administer their respective programs, contingent upon approval and receipt of adequate funding from the United States Department of Housing and Urban Development, for a term beginning June 1, 2008, and ending May 31, 2009; 2. 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. Amend the contract, if necessary, to achieve program 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. Communit r�Development Block Grant (CDBG� �anization CJ's Studio of Performing Arts -Performing Arts CFW-PACSD-Como Kids Cooks Childress Hospital -Save a Smile All Church Home for Children -Buffalo Soldiers CFW-PACSD-Woodhaven After School Enrichment Boys and Girls Club-ESTRELLAS Southside Youth Association-U.N.I.T.Y YWCA -Child Delopment Program Child Care Associates FWHA-AMAKA Child Care Center Clayton YES -School Aged Child Care JMAC Youth Center of Tarrant County Clayton YES-Greenbriar Preshool Senior Citizen Services -Como Senior Citizens Amount (Not to Exceed) $10,886.00 $25,000.00 $21, 870.00 $14,580.00 $16,200.00 $14,400.00 $9,000.00 $135,000.00 $117,000.00 $27,000.00 $54,000.00 $25,000.00 $18,000.00 $17,597.00 http://apps.cfwnet.org/council�acket/Reports/mc�rint. asp 8/20/2008 Page 2 of 3 Meals on Wheels $33,696.00 Senior Citizen Services -Riverside Senior Citizens $15,271.00 CFW-PACSD-Community Action Partners (CAP) $25,724.00 Mental Health Assoc.- Mental Health Advocate $22,275.00 Mental Health Assoc. -Long Term Ombudsman $15,750.00 United Community Centers -Crisis Intervention Program $16,200.00 CFW-PACSD-SHIPP $37,800.00 CFW-PACSD-Utility Assistance Program $66,759.00 Centro Cultural De Las Americas-GED Classes $18,070.00 Northside InterChurch Agency -Good Works $21,092.00 Tarrant Area Food Bank -Community Kitchen $18,000.00 MASS, Inc. -Serving Poor and Incarcerated $27,000.00 Housing Counseling $50,000.00 A -Prep Center of Tarrant County $60,477.00 Reach Inc, -Project Ramp $21 500.00 TOTAL CDBG: $955,147.00 Emerggency Shelter Grant (ESG) Organization Amount (Not to Exceed) YWCA -Supportive Living $13,039.00 Cornerstone Assistance -New Life Center $15,297.00 Presbyterian Night Shelter- Homeless Shelter $138,474.00 SafeHaven of Tarrant County $20,000.00 YWCA -My Own Place $17,628.00 Presbyterian Night Shelter- Elderly and Infirmary $14,161.00 CFW-PACSD-SHIPP $15,500.00 SafeHaven of Tarrant County -Supportive Child Care $14,997.00 Cenikor Foundation -Emergency Shelter $12,978.00 Parents and Children Together, Inc. $16,521.00 TOTAL ESG: $278,595.00 Housing Opportunities for Persons with HIV/AIDS (HOPWA) Organization Amount�Not to Exceed) AIDS Outreach Center $460,701.00 Tarrant County Samaritan Housing, Inc. $262,211.00 AIDS Resources of Rural Texas $114,198.00 TOTAL HOPWA: $837,110.00 DISCUSSION: On April 8, 2008, the City Council adopted the budgets and the appropriation ordinance increasing estimated receipts and appropriations for the Year XXXIV (June 1, 2008, to May 31, 2009) Community Development Block Grant (CDBG) funds, 2008-2009 Emergency Shelter Grant (ESG) funds and 2008-2009 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. http://apps.cfwnet.org/council�acket/Reports/mc�rint.asp 8/20/2008 Page 3 of 3 The above 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 City-wide. 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 United States Department of Housing and Urban Development (HUD) for the term beginning June 1, 2008, and ending May 31, 2009. TO Fund/Account/Centers Submitted for City Manager's Office bk Originatina_Department Head• Additional Information Contact: FROM Fund/Account/Centers GR76 539120 005206274XXX $837,110.00 GR76 539120 005206273XXX 278 595.00 GR76 539120 005206270XXX $955,147.00 Joe Paniagua (6140) Jerome Walker (7537) Sherry Johnson (7333) http://apps. cfv�niet. org/council�acket/Reports/mc�rint. asp 8/20/2008 coNTRACT NO V31L AMENDMENT TO CITY SECRETARY CONTRACT N0.37491 WHEREAS, on August 19, 2008, the City of Fort Worth ("City") and REACH, Inc. ("Contractor") made and entered into City Secretary Contract No. 37491 (the "Contract"), WHEREAS, the Contract provided funding to Contractor pursuant to a grant received by City 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. 13-08-MC 48-0010 for Year XXXIV; WHEREAS, the Contract expires by its terms on May 31, 2009; WHEREAS, it the mutual desire of City and Contractor to extend City Secretary Contract No. 37491 to July 31, 2009 to meet Contract objectives. NOW, THEREFORE, City, whose address is 1000 Throckmorton St., Fort Worth TX 76102, acting by and through Tom Higgins, its duly authorized Assistant City Manager, and REACH, Inc., whose address is 1205 Lake Street, Fort Worth, TX 76102 ("Contractor"), acting by and through Charlotte Stewart, its duly authorized Executive Director, do hereby agree as follows: I. 1. Scope of Services The first sentence of this section is amended to be and read as follows: "a. Contractor will administer public services to citizens under the program name Project Ramp ("Program"), for the term from June 1, 2008 to July 31, 2009." All other terms and conditions of City Secretary Contract No. 37941 not amended herein remain unaffected and in full force and effect, are binding upon the Parties, and are hereby ratified by the Parties. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 0��-12-09 PC'4:'11 CONTRACT AMENDMENT CSC NO. 37491 Reach, Inc. (CDBG) XXXIV 2008-2009 � 1'1 rL IL Jklim �. Page 1 IN WITNESS WHEREOF, the Parties hereto have executed three duplicate originals of this Contract Amendment in Fort Worth, Texas, this I St day of , 2009. WTEST, CITY OF FORT WORTH lAr My Secretary Fort Worth. by Tom Higgins, APP OVED AS TO 'U'L `5 Assistant City Attorney �;- Tom Higgins Assistant City Manager AND LEGALITY: REACH,/Inc. By: Lvy G� Charlotte Stewart Executive Director STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 12009 the Assistant City Manager of the City of Fort W h, on behalf of the City of ,t,,a�P�s<� MANIAS. SANCHEZ NOTARY PIiBLIC y STATE OF TEXAS My Comm. Erp.12-14-2009 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on J S , 2009 by Charlotte Stewart, Executive Director of REACH, Inc. a Texas no r0fit rporation, on behalf of said corporation. ,���c. ROBIN L. LASSITER �'` '`` MY COMMISSION EXPIRES March 9, 2011 CONTRACT AMENDMENT CSC NO. 37491 Reach, Inc. (CDBG) XXXIV 2008-2009 ARY PrIIBLTC, STATE OF TEXAS N �1 Ali•e.