HomeMy WebLinkAboutContract 41874 (2)CITY SECRETARY .
NON-EXCLUSIVE LICENSE AGREEMENT
BETWEEN
THE CULTURAL ARTS CENTER
AND THE CITY OF FORT WORTH
This NON-EXCLUSIVE LICENSE AGREEMENT ("Agreement") is made and entered
into this the 131 day of May 2011, by and between the CITY OF FORT WORTH, a home -rule
municipal corporation of the State of Texas (the "City"), acting by and through its duly authorized
Assistant City Manager, and The Cultural Arts Center, a Texas non-profit corporation (hereinafter
referred to as the "Provider"), acting by and through its duly authorized Executive Director,
RECITALS
WHEREAS, the City's Parks and Community Services Department (the "Department")
operates the Fire Station Community Center (the "Center"), 1601 Lipscomb Street, Fort Worth,
Texas 76104, which includes meeting and classroom space that may be rented for use by members
of the public subject to certain conditions and restrictions; and
WHEREAS, Provider conducts low-cost Spanish -language classes in adult literacy and
preparation for the General Educational Development Test (the "Program"); and
WHEREAS, in accordance with Department policies, rental fees for Center use may be
waived for functions that do not charge admission, occur during normal operating hours, and
benefit the community; and
WHEREAS, the City has determined that the Program meets Department criteria fox no -
cost use of the Center; and
WHEREAS, the City and the Provider wish to enter into an agreement to establish the
terms and conditions pursuant to which the Provider will be allowed to use the Center to conduct
the Program.
NOW THEREFORE, in consideration of the mutual covenants herein expressed the CitS%
and the Provider do hereby covenant and agree as follows:
AGREEMENT
1. PURPOSE. The purpose of this Agreement is to outline the terms and conditions under
which the City will furnish the Provider with non-exclusive use of classroom space at Fire
Station Community Center ("Center"), 1601 Lipscomb Street, Fort Worth, Texas 76104,
between the hours of 6:00 p.m. and 8:00 p.m. on Mondays, Tuesdays, and Wednesdays (City
holidays excluded) during the Initial Term (as defined below) and on Mondays through
Thursdays (City holidays excluded) during any Renewal Term for purposes of offering
Spanish -language classes in adult literacy and preparation for the General Educational
Development Test ("GED") for the benefit of the local community and the entire City and
in compliance with the requirements specified herein.
2. DUTIES OF THE PARTIES.
A. Provider's Responses QFF�CIAL RECORD
Provider will furnish the Center Coorduiat r�t�idf
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Non -Exclusive License Agreement with The Cultural Arts Center � ►lage 1 of ] 0
classes and activities at least four weeks prior to their occurrence so that they
may be scheduled through the Class Reservation System to ensure no
conflict with other Center programming.
Provider will, at its sole expense, furnish materials, supplies, and copies and
conduct a structured literacy and GED-prep adult education program that
targets individuals with greatest needs for expanded learning opportunities
No later than the fifteenth day of each month, the Provider will submit to
the City a signed performance report in the form attached hereto as Exhibit 1
showing services and activities undertaken by Providei in operating the
Program at the Centei during the previous month.
Provider will ensure that the designated Center space is maintained in a neat
and orderly fashion.
Provider will ensure that the City's standards are maintained regarding
security, cleanliness, and communication between and among programs
housed at the Center; and will ensure cooperation with other Center staff and
agencies/programs.
Provider will work with the Center Coordinator to schedule any use of the
Centel for classes and other Program -related activities outside of the days
and hours specified in Section 1 above.
Provider will ensure that areas used for the Program activities and services
are returned to the same neat and clean condition in which they were found
before the start of the activity or service.
Provider will maintain sole responsibility and liability for its employees,
volunteers, and separate contractors and for their actions.
Provider shall ensure that each of its employees, volunteers, and participants
directly involved with the Program has a current Center membership card
and shall instruct any such individual without a membership card to secure
one before conducting of attending Program sessions. Provider shall ensure
individuals who previously obtained membership cards continue to maintain
current membership at all times when conducting or attending the Program.
In addition to any other requ'rement imposed b3 this Agreement, the
Providei will abide by all applicable federal, state, and City laws, regulations,
and guidelines regarding equal opportunity, Drug -Free Workplace, and
financial reporting.
B. City's Responsibilities
City will provide space for conducting the Program, including Basic Utilities,
and will also supply the Provider with appropriate facility access. For
Non -Exclusive License Agreement with The Cultural Arts Center Page 2 of 10
purposes of this Agreement, Basic Utilities shall not include telephone or
computer service, which shall remain the sole responsibility of the Provider.
City will not be responsible for any additional security other than what is
currently available at the Community Centers.
City assumes no liability or responsibility for the loss of any personal
property or office contents of the Provider, its agents, employees, volunteers,
participants, or licensees while at any Community Center.
City will allow the Provider to conduct properly scheduled classes and other
Program -related activities during the days and hours specified in Section 1
above. In addition, City may, through the Center Coordinator, allow
Provider to schedule other classes and Program -related activities outside of
the days and hours specified in Section 1 above.
City will maintain cooperative spirit with the Provider's program and staff.
In addition to any other requit ement imposed by this Agreement, the City
will abide by all applicable federal, state, and local laws, regulations, and
guidelines regarding equal opportunity, Drug -Free Workplace, and financial
reporting.
3. CONSIDERATION. Provider's operation of the Program for the benefit of the
community and the entire City shall serve as consideration for the use of the Center, and no rental
fee is being imposed in this instance.
4. TI-tRM. This Agreement shall govern use of the Center by Provider for operation of the
Program for the period beginning on April 18, 2011, and ending September 30, 2011 (the "Initial
Term"). This Agreement may be renewed for additional one-year periods by written mutual
agreement of the parties (each a "Renewal Term").
5. BACKGROUND SCREENING. To promote the safety and welfare of Program
participants, Provider agrees to perform background screenings and checks on staff, volunteers, and
participants with such screenings and checks meeting or exceeding the requirements that the City
imposes for checks and screenings on staff, volunteers, and participants in the City's own programs.
6. INSURANCE
A. General Liability Insurance.
Provider shall maintain at all times during the Initial Term and any Renewal Term of
this Agreement a commercial general liability insurance policy providing public
liability (including both personal injury and death) and property damage insurance,
insuring against any and all liability of the insured with respect to Provider's
designated space at the Center or arising out of the maintenance use, or occupancy
of the Center for operation of the Program by Provider, with a minimum primary
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coverage of $1,000,000.00 per occurrence and with a general aggregate and products
aggregate of $2,000,000.00 each.
B. Workers Compensation Insurance.
Provider must provide Workers' Compensation/ N mployer's Liability insurance for
all of its employees and, in the event any work is subcontracted, Provider will require
each subcontractor to provide Workers' Compensation insurance in accordance with
the regl irements of the City, including Coverage B.
C. General requirements for all insurance.
Certificates of insurance shall be delivered to the City prior to occupation of the
Center, addressed to the attention of Sue Haupt, Risk Management, 1000
Throckmoiton Street, Foit Worth, Texas 76102.
The City's Risk Manager shall have the right to review and evaluate Provider's
insurance coverage and to make reasonable requests for deletion, revision, or
modification of particular policy terms, conditions, limitations, of exclusions when
deemed necessary and prudent by the City based upon changes in statutory law,
court decision, or the claims history of the industry and/or of the Providei. Provider
shall comply with such requests as a condition precedent to the effectiveness of this
Agreement. Provider shall be afforded ninety (90) days to implement such changes,
provided, however, that no change shall be required where policy provisions are
established by law or regulations binding upon the Provider, its insurer, or the policy
underwriter.
The City, its officers, employees, and servants shall be endorsed as an additional
insured on each insurance policy required under this Agreement with the exception
of Provider's worker's compensation insurance policy.
N ach insurance policy shall be endorsed to provide the City a minimum thirty (30)
days' notice of cancellation, non -renewal, and/or material change in policy terms or
coverage.
Each certificate shall be signed by an agent authorized to bond coverage on behalf of
the insured, be complete in its entirety, and show complete insurance carrier names
as listed in the most -recent A.M. Best Property & Casualty Guide.
All policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of
the City.
Any deductible in excess of $5,000.00 for any policy that does not provide coverage
on a first -dollar basis must be acceptable to and approved by the City's Risk
Management Division.
Provider's insurance policies shall each be endorsed to provide that such insurance is
primary protection and that any self -funded or commercial coverage maintained by
Non -Exclusive License Agreement with The Cultural Arts Center Page 4 of 10
City shall not be called upon to contribute to loss recovery.
The insurers for all policies must be licensed and/or approved to do business in the
State of Texas. Except for workers' compensation, all insurers must have a
minimum rating of A VII in the current A. NI. Best Key Rating Guide or have
reasonably equivalent financial strength and solvency to the satisfaction of Risk
Management. If an insurer's rating does not meet the minimum requirement, written
approval of Risk Management is required.
If insurance policies are not written for specified coverage limits, an Umbrella or
h xcess Liability insurance for any differences is required. N xcess Liability shall
follow form of the primary coverage.
Unless otherwise stated, all required insurance shall be written on an "occurrence
basis. ' If coverage is underwritten on a "claims made" basis, the retroactive date
shall be coincident with or prior to the date of this Agreement, and the certificate of
insurance shall state that the coverage is "claims made" and indicate the retroactive
date.
All insurance coverage shall be maintained for the duration of this Agreement and
for three (3) years following completion of the services or for the warranty period,
whichever is longer.
Provider shall annually provide the City's Risk Management Division with current
certificates of insurance to evidence coverage in accordance with this Agreement.
Policies shall contain no exclusions by endorsements that nullify the required lines of
coverage or that decrease the limits of coverage unless such endorsements have been
approved in advance, in writing by the City's Risk Manager.
With the exception of worker's compensation insurance, the City may consider
alternative coverage or risk treatment measures through insurance pools or risk
retention groups in lieu of traditional insurance. Prior to employing such alternative
coverage, Provider must obtain City's written approval.
City shall not be responsible for the direct payment of insurance premium costs for
Provider s insurance
During the Initial Term and any Renewal Term of this Agreement, Provider shall
report to the Risk Management Division in a timely manner any loss occurrence that
could give rise to a hability claim or lawsuit or that could result in a property loss.
Provider's liability shall not be limited to the specified amounts of insurance required
herein
Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein
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7. Indemnification and Release. Provider covenants and agrees to indemnify, hold harmless,
and defend the City its officers, agents, and employees from any and all claims or suits for property
damage or loss and/or personal injury (including death) to any and all persons, of whatsoever kind
or character, whether real or asserted, arising out of the work and services to be performed
hereunder by Provider, its officers, agents, employees, or subcontractors, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED NEGLIGENCE OF THE
OFFICERS, AGENTS, OR EMPLOYEES OF THE CITY. Provider covenants and agrees to
indemnify, hold harmless, and defend the City, its officers, agents, and employees from any and all
claims or suits or for any expense atismg out of or in connection with, directly or indirectly, the
collection services performed under this Agreement WHETHER OR NOT SAID LOSS,
DAMAGE, LIABILITY, OR EXPENSE IS A RESULT OF THE ALLEGED
NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS, OR EMPLOYEES This
indemnity shall include without limitation any reasonable and necessary attorne)'s fees for the
defense of any claim hereunder including any appeal of said claims. The Indemnity provision of this
Agreement shall have no application to any claim or demand that is the result of the sole negligence
or fault of the City, its officers, agents, or employees.
In addition, by executing this Agreement, Provider releases the City, its officers, agents, and
employees from any liability for property damage or loss and/or personal injury (including death)
incurred during performance of this Agreement.
8. SIGNAGE Provider may post Program -related signs and posters at approved locations
within the Centel to publicize the Program. Provider may not post any sign on the property or
outside any building unless prior written approval has been obtained from the Directot of the City's
Parks and Community Services Department. No sign may be posted in violation of the City's sign
ordinance.
9. TERMINATION OF AGRP EM F NT. Either party may terminate this Agreement, in
whole or in part, with or without cause, by providing the other party with thirty (30) days' advance
written notice that specifies (i) to what extent the Agreement is being terminated and (ii) the
effective date of termination.
10. COMPLIANCE WITH LAW Provider, its officers, agents, servants, employees, and
subcontractors, shall abide by and comply with all applicable federal, state, and local laws, including
all ordinances, rules, and regulations of City. It is agreed and understood that if City calls to the
attention of Provider any such violation on the part of Provide" or any of its officers, agents,
servants, employees, of subcontractors, then Provider shall immediately desist from and correct such
violation.
11. NON-APPROPIATION OF FUNDS In the event no funds or insufficient funds are
appropriated by the Fort Worth City Council in any fiscal period for the City to meet its obligations
hereunder, City will notify the Provide" of such occurrence, and this Agreement shall terminate on
the last day of the fiscal period for which appropriations were received.
12. NOTICF Any notice required of provided foi under this Agreement shall be sufficient if
forwarded to the other party by hand delivery or via U.S. Postal Service first class mail, postage
prepaid, to the address of the other party shown below.
Non -Exclusive License Agreement with The Cultural Arts Center Page 6 of 10
If to City
Susan Alanis
Assistant City Manager
City of Fort Worth
1000 Throckmorton St.
Fort Worth, Texas 76102
(817) 392-6183
If to Provider
The Cultural Center
Ms. Helen Sides
Executive Director
1300 Gendy
Fort Worth, IX 76107
With Copy to
Richard Zavala, Director
Foit Worth Parks and Community Services Department
4200 South Freeway, Suite 1t 2200
Fort Worth, Texas 76115
(817) 392-5704
And
Denis McElroy, Assistant City Attorney
City Attorney's Office
1000 Throckmorton
Fort Worth, Texas 76102
(817) 392-2758
13. INDFiPI-HNDh,NT CONTRACTOR. Provider shall operate hereunder as an independent
contractor and not as an officer, agent, servant, or employee of the City. Provider shall have the
exclusive control of, and the exclusive right to control the work designated to the Provider to be
performed hereunder, and all persons performing the same. Provider shall be solely responsible for
the acts and omissions of its officers, members, agents, servants, and employees. Neither party shall
be responsible under the doctrine of respondeat s;perior for the acts or omissions of the officers,
members, agents, servants, employees, or officers of the other party
14. NONDISCRIMINATION. Neither the City and Provider, nor any of their officers,
members, agents, employees, Program participants, or subcontractors, while engaged in performing
this Agreement, 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 a bona fide occupational qualification,
retirement plan, or statutory requirement.
The City and Provider agree that in the execution performance, and attempted performance
of this Agreement, they will not discriminate against any person or persons because of gender, race,
religion, color, sexual orientation, transgender, gender identity, gender expression, or national origin,
nor will Provider permit its agents, employees, subcontractors, or Program participants to engage in
such discrimination.
15. SEV Fi RABILITY. The provisions of this Agreement are severable and if for any reason a
clause, sentence, paragraph or other part of this agreement 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.
Non -Exclusive License Agreement with The Cultural Arts Center Page 7 of 10
16. WANH R OF DEFAULT No waiver by the parties hereto of any default or breach or the
failure to insist upon the performance of any term, condition, provisions, or covenant of this
Agreement shall be deemed to be a waives or relinquishment to any extent of any other breach of
the same or any other term, condition, provision, or covenant contained herein or the right of the
parties to assert or iely upon any such term.
17. APPLICABLH LAW; VH.NUE
A. This Agreement shall be construed in accordance with the laws of the State of Texas.
B. Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance, or non-performance of this Agreement, venue for
said action shall lie in state courts located in Tarrant County, Texas or the United States
District Court for the Northern District of Texas — Fort Worth Division
18. ENTIRE AGREH,MENT. This written instrument together with any attached exhibits
constitutes the entire understanding between the parties hereto concerning the work and services to
be performed. Any pilot or contemporaneous, oial or written agreement that purports to vary from
the terms hereof shall be void
19. AMENDMENT. No amendment, modification, or alteration of the terms hereof shall be
binding unless the same is m writing, dated subsequent to the date hereof, and duly executed b3 the
parties hereto.
20. PARTI H S BOUND. This Agreement shall be binding upon the successors and assigns of
both parties in like manner as upon the original parties.
21. FORC H MAJEURH, If either party is unable, either in whole or part, to fulfill its
obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial
disturbances; acts of public enemies; wars; blockades insurrections; riots; epidemics, public health
crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department,
commission, or agency of the United States or of any state; declaration of a state of disaster or
emergency by the federal, state, county, or City government in accordance with applicable law, any
arrests and restraints; civil disturbances; or explosions; or some other reason beyond the party's
reasonable control (collectively, `Force Majeure Event"), the obligations so affected by such Force
Maleure Event will be suspended during the continuance of such event.
22. SIGNATURH AUTHORITY. By executing this Agreement, Provider's agent affirms that
he or she is authorized by Provider to execute this Agreement and that all representations made
herein with regard to Provider's identity, address and legal status (corporation, partnership,
individual, etc.) are true and correct.
[SIGNATURES APPEAR ON NEXT PAGE]
Non -Exclusive License Agreement with The Cultural Arts Center Page 8 of I0
1 N WI TN ESS VVVI EREOF, the pa tomes hereto ave executed this agreement
Fort Worth, Tarrant County, Texas this day of 2011.
CITY OF FORT WORTH
TH E CULTURAL ARTSCENTER
By. > y
Du aniS Please ;den Sides
Assistant City Manager Sign & Date ,`,:xutive Director
ATTEST:
MWITMAKIIN
APPROVED ASTO FORM
AN D LEGALITY
Denis Troy
ks stant City Attc
NO M&CREQUIRED
in multiples in
OFFICIAL RECORD
CITY SECRETARY
FTo WORTH, TX j
Non -Exclusive License Agreement with The Cultural Arts Center Page 9 of 10
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the date of Texas on
this day personally appeared Susan Alanis, known to me to be the person whose nave is
subscribed to the foregoing instrument, and acknowledged to me that the sane as the act of the
City of Fort Worth and that he executed the same as the act of the said City of Fort Worth for the
purposes and consideration therein expressed and in the capacity herein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
U�IP 2011It
Wot6ity Public in and fob the State of
Texas e1
STATE OF TEXAS
COUNTY OF TARRANT
L!NDA M. H?Rr1L?LAGER � 'OI
MY CGMMlSSION EXPIRES Q
Feblvaryz 264 co
M
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared H elen Sides, Executive Director, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was
for the purposes and consideration therein expressed, as the act and deed of The Cultural Arts
Center, and in the capacity therein stated as its authorized officer or representative.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this /ry-II� day of
il1 � 2011
i�F1:1�lALRIPCORD
CITE' 3��lRE'�ARv
lL'/YldltC�r� P( It
Notary Public in and for the State of
Texas
AMANDA LYNN WEISHUHN
Notary Public, State of Texas
My Commission Expires
May 29, 2013
Non -Exclusive License Agreement with The Cultural Acts Center Page 10 of 10
CITY OF FORT WORTH
PARKS AND COMMUNITY SERVICES DEPARTMENT
COMPLIANCE DIVISION
Agency/Address Program Name: GED/Adult Literacy
The Cultural Arts Center Date:
1300 Gendy
Fort Worth, TX 76107
Month &Year
PROGRAM SERVICES AND ACTIVITIES:
Percentage of respondents to obtain GED
SCOPE OF WORK NARRATIVE:
PROBLEMS ENCOUNTERED/ SOLUTIONS PROPOSED:
ANTICIPATED ACTIVITY DURING THE NEXT MONTH:
Exhibit 1
CURRENT CUMULATIVE
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. It is also acknowledged that the provision of false information could leave the certifying official subject to the penalties of
Parks and Community Services Departmental Policy.
Date:
Submitted
Signature Required
Phone No.
CITY SECRETNRY kJNTRACT NO.�5�
STATE OF TEXAS 3
COUNTY OF TARRANT §
THIS contract ("Contract") is made and entered into by and between the City of Fort it
("City"), whose address is 1000 Throckmorton St., Fort Worth Texas 76102, acting by and
through T.M. Higgins, its duly authorized Assistant City Manager, and Cultural Center of
Americas("Contractor"), whose address is 1300 Gendy, Fort Worth, Texas, 76107, acting by and
through Helen Sides, 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 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-10-MC48-0010, for Year
XXXV I;
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 Employment Training services to citizens of the City of Fort
Worth under the program name GED/Adult Literacy ("Program"), for the term June 1,
2010 to May 31, 2011.
b. Contractor will be responsible for administering GED/Adult Literacy Program in a
manner satisfactory to City and consistent with any standards required as a condition of
providing the CDBG funds (as hereinafter defined). 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 the required percentage of low
and moderate -income persons asset forth in Exhibit A -Program Summary. Contractor
will obtain information on family size and income of Program participants. All such
OFTICIAL RECORC
CDBG YEAR XXXVI SUBRECIPIENT CONTRACT VI I I FS�E�iGn ETARY
Cultural Ccntcr of the Americas FORT 7� w Pdal ' 11 H,
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 Contractor on this Contract or any other
contract with Contractor, or terminate this Contract as described herein A failure to
fulfill the National Objective will result in the disallowance of CDBG funding for the
Program and Contractor will be required to repay all CDBG Funds to City.
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, including noncompliance with any applicable regulation 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
City, 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; uniform administrative requirements and cost principles; employment and
contracting opportunities, use of debarred, suspended or ineligible contractors or
subrecipients; eligibility restrictions for certain resident aliens; conflict of interest, and
other requirements of Subpart K of the CDBG Regulations.
f. Contractor agrees to take reasonable steps to ensure meaningful access to the Program
and associated activities by limited English proficient persons pursuant to Title VI of the
Civil Rights Act of 1964. In addition, all notices and communications regarding the
Program shall be provided in a manner that is effective for persons with hearing visual,
and other communication -related disabilities, consistent with Section 504 of the
Rehabilitation Act of 1973 and its implementing regulations at 24 CFR 8.6.
2. Compensation and Method of Payment
a. City will disburse CDBG Year XXXVI funds ("CDBG Funds") in an amount up to
EIGHTEEN THOUSAND SEVENTY AND NO/100 DOLLARS ($18,070) to Contractor
on a reimbursement of expenses basis. Contractor is acting as a Subrecipient for the
purposes of this Contract in carrying out the agreed -upon eligible activities as set forth in
Exhibit A — Program Summary.
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
CDBG YEAR XXXVI SUBRECIPIENT CONTRACT
Cultural Center of the Americas
Rev.08-24.10
Page 2
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 $45,809.00 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 to
ensure compliance with HUD regulations governing cost allocation.
e. Contractor agrees to keep all CDBG Funds on hand in interest bearing accounts. All
interest earned shall be reported to City on a monthly basis at the same time as
submission of the monthly report following the end of the Contract month during which
the interest was earned. Interest in an amount of $25.00 or less per month may be used
for authonzed 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 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. Uniform Administrative Requirements 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 eligible and allocable 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. Records Retention
CDBG YEAR XXXVI SUBRECIPIENr CONTRACT
Cultural Center of the Americas
Rev. 08-2410
Page 3
(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.
iii. Real Property Records
Contractor shall maintain real property inventory records that clearly identify
properties purchased, improved, or sold. Properties retained shall meet eligibility
criteria and shall conform to the requirements of 24 CFR § 570.505.
iv. Closeouts
Contractor's obligation to City shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but are not limited to:
making final payments, disposing of 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 and
verification of compliance with record retention requirements.
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, (known as a Single Audit), 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 Certification Form. The Audit
Certification 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) All non-federal entities acting as a Subrecipient for City grant funds that expend
less than $500 000 in any Federal funds within one year must submit to City an
annual financial audit or annual audited financial statements that cover either
Contractor's fiscal year during which this Contract is in force or cover the period
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of this Contract. The audit or financial statements must be submitted to City
within thirty (30) days of its completion.
Contractor shall submit the following to the City: (i) a copy of Contractor's
annual financial report to its Board of Directors and (ii) a copy of its annual filed
Internal Revenue Service Form 990, Form 990-EZ, or Form 990-N.
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
If as a result of any audit it is determined that Contractor has misused, misapplied
or misappropriated all or any part of the CDBG Funds, Contractor agrees to
reimburse the City the amount of such monies so misused, misapplied or
misappropriated, plus the amount of any sanction, penalty or other charge levied
against City because of such misuse, misapplication or misappropriation.
4. Reporting Procedures
a. Financial Reports
Contractor will submit to City on a monthly basis: (1) Attachment I -Request for Funds,
(2) Attachment II -Detailed Statement of Costs (3) Attachment III -Expenditures
Worksheet, as applicable, for expenses incurred for services and activities accomplished
by Contractor In performance of this Contract. Actual cash receipts for claimed
expenditures must be provided at the time the request for funds is presented The reports
must be signed by a duly authorized agent of the Contractor and submitted by the 15`h of
the month following the month being reported City is under no obligation to disburse
funds for expenditures that occurred prior to the first day of the month for which the
report is submitted.
b. 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 15Ih 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.
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
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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.
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.
ii. 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:
1. Participant's name, address, annual income level or other basis for determining
income eligibility, and family size of participant's household
2. Source documentation used for income verification including but not limited to
pay check stubs, food stamp award letters, income tax returns, SST award letters,
letters awarding unemployment benefits, W2s and the like.
3. City shall have the final determination, in its sole discretion, as to whether source
documentation used for income verification is adequate.
5. Reversion ofAssets
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")
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• Title I of the Housing and Community Development Act of 1974 as amended (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.)
• Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq ), as amended by
the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 et
seq.) and implementing regulations at 24 CFR part 35, subparts A, B, M, and R
• Uniform Administrative Requirements of 24 CFR part 85
• Executive Orders 11063, 11246, as amended by Executive Orders 11375 and 12086
and as supplemented by 41 CFR Part 60
• The Age Discrimination in Employment Act of 1967 (29 USC 621)
• The Age Discrimination Act of 1975 (42 USC 6101 et seq.)
• Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part
8 where applicable
• The Americans with Disabilities Act of 1990 (42 USC 12101)
• National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq.
("NEPA') and the related authorities listed 24 CFR Part 58
• The Clean Air Act, as amended (42 USC 7401 et seq.), the Clean Water Act of 1977,
as amended (33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part 15,
as amended from time to time, and Executive Order 11738. In no event shall any
amount of the assistance provided under this Contract be utilized with respect to a
facility that has given rise to a conviction under the Clean Air Act or the Clean Water
Act.
• The Immigration Reform and Control Act of 1986 (8 USC 1101 et seq), specifically
including the provisions requiring employer verification of the legal status of its
employees
• Drug Free Workplace Act of 1988 (41 USC 701 et seq.), 24 CFR Part 21, 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.
• Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act
• Guidelines of the Environmental Protection Agency at 40 CFR part 247
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
If 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") Such covered contracts or activities include CDBG-funded
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construction, reconstruction, conversion or rehabilitation of housing as set forth at 24
CFR 135.5.
"A. The work to be performed under this contract is subject to the requirements of section
3 of the Housing and Urban Development Act of 1968 as amended, 12 U.S.C. 1701u
(section 3). The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD -assisted projects
covered by Section 3, shall, to the greatest extent feasible be directed to low- and
very low-income persons, particularly persons who are recipients of HUD assistance
for housing.
B. The Parties to this contract agree to comply with HUD's regulations in 24 CFR Part
135, which implement Section 3. As evidenced by their execution of this contract
the Parties to this contract certify that they are under no contractual or other
impediment that would prevent them from complying with the Part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers
with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers'
representative of the contractor's commitments under this section 3 clause, and will
post copies of the notice in conspicuous places at the work site where both employees
and applicants for training and employment positions can see the notice. The notice
shall describe the Section 3 preference, shall set forth minimum number and job titles
subject to hire availability of apprenticeship and training positions, the qualifications
for each; and the name and location of the person(s) taking applications for each of
the positions* and the anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR Part 135, and agrees to take appropriate
action, as provided in an applicable provision of the subcontract or in this Section 3
clause, upon a finding that the subcontractor is in violation of the regulations in 24
CFR Part 135. The contractor will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor has been found in violation
of the regulations in 24 CFR Part 135.
E. The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR
Part 135 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 CFR Part 135.
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
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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. Nondiscrimination
a. Contractor will not unlawfully discriminate against any person or persons because of sex,
race religion, age, disability color, national origin, or familial status, nor will Contractor
permit its officers, members, agents, employees, subcontractors or Program participants
to engage in such discrimination,
b. Contractor covenants that neither it nor any of its officers, members, agents, employees,
Program participants or subcontractors, while engaged in performing this Contract, shall,
in connection with the employment, advancement or discharge of employees or in
connection with the terms, conditions or privileges of their employment, discriminate
against persons because of their age except on the basis of bona fide occupational
qualification, retirement plan or statutory requirement.
c. Contractor further covenants that neither it nor its officers, members, agents employees,
subcontractors, Program participants or persons acting on their behalf, shall specify, in
solicitations or advertisements for employees to work on this contract, a maximum age
limit for such employment unless the specified maximum age limit is based upon a bona
fide occupational qualification, retirement plan or statutory requirement.
d. In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA") Contractor warrants that it and any and all of its subcontractors will not
unlawfully discriminate on the basis of disability in the provision of services to the
general public, nor in the availability terms and/or conditions of employment for
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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.
f. City shall not discriminate against Contractor on the basis of the organization's religious
character or affiliation, if applicable. If Contractor is a religious organization, Contractor
shall not engage in inherently religious activities as part of the Program, though
Contractor may engage in such activities if they are offered separately, in time or
location from the Program and participation must be voluntary for Program participants.
Contractor, if it is a faith -based organization, may use space in its facilities to provide
CDBG-funded services without removing religious art, icons scriptures, or other
religious symbols. Contractor shall not in providing Program assistance, discriminate
against a Program participant or prospective program participant on the basis of religion
or religious belief.
8. Prohibition Against Interest/Conflict of 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.
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.
c. A duly authorized representative of Contractor shall execute Exhibit E-Conflict of
Interest on behalf of Contractor.
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9. Minority and Women Business Enterprise Commitment
Contractor agrees to abide by City's policy to involve Minority and Women Business
Enterprises (`MWBEs") in all phases of its procurement practices and to provide them an
equal opportunity to compete for contracts for construction, provision of professional
services purchase of equipment and supplies and provision of other services required by
City. Contractor agrees to incorporate City Ordinance No. 15530 and all amendments or
successor policies thereto, into all contracts and will further require all persons or entities
with whom it contracts to comply with said MWBEs policy.
10. Non -Assignment
No assignment, delegation of duties, or subcontract under this Contract by Contractor shall
be effective without City's prior written approval. If such assignment, delegation, or
subcontract occurs, such assignment or subcontract shall be upon and subject to all of the
terms, covenants, and conditions contained in this Contract, and Contractor shall continue to
remain liable thereunder. Upon any subsequent assignment or subcontract, each
subcontractor or subsequent assignee shall continue to be and remain liable hereunder.
Within thirty (30) days after the execution and delivery of any such assignment or
subcontract, Contractor shall furnish to City a duplicate original of the subcontract or
assignment which shall contain an assumption by the assignee or subcontractor of all of the
obligations of Contractor under this Contract. Contractor will defend, indemnify and hold
City harmless against (1) any claims or allegations asserted by third parties or
subcontractors against City and (2) any requirement of repayment of non-federal
monies by HUD arising out of Contractor's and/or its subcontractors' alleged failure to
comply with the requirements of this Contract.
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, 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,
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
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way damaged; and Contractor hereby indemnifies and holds harmless City and its
officers, agents, and employees from and against any and all claims or suits.
12. 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
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DAMAGE OR LOSS IS CAUSED BY THE CITY'S SOLE OR CONCURRENT
NEGLIGENCE.
CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO
INCLUDE IN THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN
FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE.
b. Contractor will maintain blanket fidelity coverage in the form of a bond in the amount of
($18,070), 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 (if
automobiles are utilized in the performance of this Contract) covering all risks incident to
or in connection with the execution, performance, attempted performance or
nonperformance of this Contract. The amounts of such insurance shall not be less than
the maximum liability that can be imposed on City under the laws of the State of Texas
Contractor understands and agrees that such insurance amounts may be revised upward at
City s option and that Contractor shall revise such amounts within thirty (30) days
following notice to Contractor of such requirements.
d. Contractor will submit documentation to City that it has obtained insurance coverage and
has executed bonds as required in this contract within thirty (30) days of the execution of
this Contract and prior to payment of any monies hereunder.
e. Any failure on part of the City to request certificate(s) of insurance shall not be construed
as a waiver of such requirement or as a waiver of the insurance requirements themselves
Insurers of Contractor insurance policies shall be licensed to do business in the State of
Texas by the Department of Insurance or be otherwise eligible and authorized to business
in the state of Texas. Insurers shall be acceptable to City insofar as their financial
strength and solvency and each such company shall have a current minimum A M. Best
Key Rating Guide rating of A: VII or other equivalent insurance industry standard rating
unless otherwise approved by City. Deductible limits on insurance policies shall not
exceed $5,000 per occurrence unless otherwise approved by City.
f Any local, federal or other regulatory Insurance or bonding requirements for the 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 project(s) costs when the value of
materials involved exceeds $10,000 or at a different limit value limit as specified by City.
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13. Waiver of Immunity
If Contractor is a charitable or nonprofit organization and has or claims an immunity or
exemption (statutory or otherwise) from and against liability for damages or injury, including
death to persons or property; Contractor hereby expressly waives its rights to plead
defensively such immunity or exemption as against City. This section shall not be construed
to affect a governmental entity's immunities under constitutional, statutory or common law.
14. Remedies for Breach of Contract
Upon identification of possible breaches of this Contract, and prior to exercising its
Termination rights under this Contract City may elect to exercise any of the following
remedies:
a. issuance of a warning letter indicating that further failure to comply with applicable
requirements will result in serious sanction and giving the Contractor a limited time to
correct the deficiency;
b. placing conditions upon award of future grants;
c directing the Contractor to stop incurring costs until the deficiency is corrected and the
correction is verified;
d. requiring repayment of CDBG Funds previously disbursed to the Contractor; and/or
e, reducing the amount of future grant awards or disallowing of future awards to the
Contractor
15. Termination
a. In addition to, and not in substitution for, other provisions of this Contract regarding the
provision of public services with CDBG Funds 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 XXXVI 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, subject to Section 14 above.
c. The Parties acknowledge that CDBG Funds paid hereunder are intended to provide only
partial funding for Contractor's agency operations. City may terminate this Contract if
non-CDBG funds included in the Operating Budget are not forthcoming to Contractor
during the Contract term
d. CDBG Funds provided hereunder may not be used as collateral for loans to Contractor to
defray agency operation expenses, and any attempted use of CDBG Funds for this
purpose will result in termination of this Contract by City.
CDBG YEAR XXXYI SUBRECIPIENT CONTRACT
Cultural Ccntcr of the Americas
Rcv. 08-24-10
Page 14
e. Termination will be effected by written notice to Contractor, specifying the portions of
the Contract affected and the effective date of termination. Upon Contractor's receipt of
such termination notice, Contractor will:
• Stop work under the Contract on the date and to the extent specified by City;
• Cease expenditures of CDBG Funds, except as necessary for completion of the
portions of the Contract not terminated; and
• Terminate all orders and contracts to the extent that they relate to portions of the
Contract being terminated.
f Contractor will return to City any unused CDBG Funds previously advanced by City
under this Contract within thirty (30) days of the effective date of Contract termination.
City will have no responsibility or liability for Contractor's expenditures or actions
occurring after the effective date of Contract termination.
16. Certification Regarding Lobbying
a. The undersigned representative of Contractor hereby certifies, to the best of his or her
knowledge and belief, that No federal appropriated funds have been paid or will be paid,
by or on behalf of Contractor, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or employee of
Congress or an employee of a member of Congress in connection with the awarding of
any Federal contract the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement and the extension, 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.
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.
17. Miscellaneous Provisions
a. All terms of this Contract shall apply to any and all subcontractors of Contractor who are
in any way paid with CDBG Funds or who perform any work in connection with
Contractor's 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
CDBG YEAR XXXVI SUBRECIPIENT CONTRACT
Cultural Center of the Americas
Rev. 08-24-10
Page 15
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 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 sectanan or religious
facility or activity, nor shall said performance rendered or funds received be utilized so as
to benefit, directly or indirectly, any such sectarian or religious facility or activity.
h. Contractor represents that it possesses the legal authority, pursuant to any proper,
appropriate and official motion, resolution or action passed or taken, to enter into this
Contract and to perform the responsibilities herein required.
i. Contractor certifies that it has obtained a 501 (c) (3) Certificate from the Internal
Revenue Service. Contractor shall notify City in writing of any changes to its 501 (c) (3)
tax-exempt status during the term of this Contract.
j. In the event any copyright arises with respect to any data or other copyrightable work
developed in the course of or under this Contract, Contractor shall notify City of the
copyright and the copyright shall be assigned to City.
k. In the event a patentable invention is created as part of this contract and a patent is
obtained, Contractor shall notify City of the patent and the patent shall be assigned to
City
1. Contractor shall comply with the requirements of mandatory standards and policies
relating to energy efficiency which are contained in the State of Texas s energy
conservation plan issued in compliance with the Energy and Policy Conservation Act (PL
94-163).
[SIGNATURES APPEAR ON FOLLOWING PAGEJ
CDBG YEAR XXXVI SUBRECIPIENT CONTRACT
Cultural Center of the Americas
Rev. 08-24-10
Page 16
1T :17C '\\ 11rRF F. tl;i P;i'tir
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`.1 11i: i:1 . I ,-
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tit i.1;11 (
\ L.iriLt r 1. thy:
MARIA S. SANCHEZ
MY COMMISSION EXPIRES
December14,2013
^T,Tr nr TEN; 1
•
OFFICIAL LREGORO
PORT WORTH.. TY
act Authorization
in
Centro Cultural de las Americas EXHIBIT A
GED in Spanish SCOPE OF SERVICES
PROGRAM SUMMARY
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
June 1, 2010 - May 31, 2011 $18,070
CONTRACT NO. PERIOD AMOUNT
SCOPE OF SERVICES
This Scope of Services is based on the proposal prepared and submitted by the Subrecipient through the City of Fort
Worth's annual Request for Proposal (RFP) process The Subrecipient agrees to operate this Community Development
Block Grant (CDBG) program in a manner consistent with the program delivery stated in the approved proposal.
However, in the event of any conflict between the proposal and any provision contained, herein, this Agreement shall
control.
The Centro Cultural de las Americas will provide GED in Spanish services to adults whose main language is Spanish.
CCA will provide a structured GED Adult Education program that targets individuals with the greatest needs for
expanded learning opportunities. The Cultural center is located at 1300 Gendy, Fort Worth, TX 76107. The Centro
Cultural de las Americas program will include the following tasks and activities 4 GED in Spanish sessions of 6 weeks
of class with a total of 144 hours, a maximum of 40 students per 1 teacher and teacher's aid, and tutoring sessions to
increase the reading levels of adults. All services will be provided at Diamond Hills High School located at 1144
Maydell Street, Fort Worth, TX 76106 from 6.00 PM to 9:00 PM Tuesday and Thursday.
The purpose of the program will be to provide a structured GED Adult Education program that targets individuals with
the greatest need for expanding their learning opportunities. The specific objectives, goals and level of services to be
provided are listed below along with the geographical location of clients served. All services will be provided from 6.00
PM to 9:00 PM Tuesday and Thursday, June 1, 2010 to May 31, 2011.
The CDBG funds will be used to pay for personnel services, supplies, and contractual services consistent with Exhibit
C- Detailed Budget.
REGULATORY CLASSIFICATION:
National Objective Citation: 24 CFR 570.208(a)(2){a} Limited Clientele
Regulatory Citation: 24 CFR 570.201(e) Public Service
Based on the nature of the service provided, Subrecipient Centro Cultural de las Americas will maintain documentation
that verifies that 51 % of clients served by the GED in Spanish program are income eligible with current household
incomes under 80% of Area Median Income (AMI) as established by the Department of Housing and Urban
Development (HUD).
GEOGRAPHICAL LOCATION: OFFICIAL REGORO
CITY SECRETARY
Center located at 1300 Gendy, Fort Worth, TX 76107 FORT WORT. -X
Program will take place at Diamond Hills High School, located at 1 144 Maydell Street, Fort Worth, TX 761'06
Client Beneficiary Location (Neighborhood, District, Citywide...): Council Districts 2, 4, 5, 6, 9
PROGRAM GOALS:
Assist Spanish-speaking adults to further their education to obtain their GED in order to obtain a better paying
job.
PROGRAM OBJECTIVES:
To provide services in the form of teaching GED in Spanish, while students are learning English as a second
language.
PROGRAM SERVICES and ACTIVITIES Total Units of Services for Year
Number of Unduplicated Clients Served
Hours of GED in Spanish Class Sessions (4 sessions of 6 week classes) Tuesday
/Thursday 6-9 pm
Reading Tutoring Sessions
Percentage of respondents to obtain GED
40
138
10
30%
EXHIBIT B
CDBG GRANT YEAR XXXVI
PROGRAM SERVICE SCHEDULE
2010-2011
Centro Cultural de las Americas
Agency
GED in Spanish
Program
Activity
Jun
July
Aug
Sept
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Total
Undupicated Clients
22
0
0
0
18
0
0
0
0
40
Hours of GED in Spanish Class
Sessions (4 sessions of 6 wks
classes) Hrs. T/TH 6-9 p.m.
16
16
16
12
16
16
16
16
14
138
Reading Tutoring Sessions
0
0
0
0
2
2
2
2
2
10
CONTRACT PERIOD
Name of Sub Grantee
CITY OF FORT WORTH
CDBG YEAR XXXVI
1
From: 6/1 /2010 i
To: 5/31 /2011
Name of Program
EXHIBIT C
Page 1 of 3
Centro Cultural de las Americas I GED
in Spanish
Cost
Category
Program
Budget
CDBG
Funds
Grants
[a]
[b]
[c]
[d]
27,000.00
724.00
385.00
$
$
$
8,772.00
671.00
279.00
PERSONNEL
SUPPLIES
Salaries
FICA
Life
Health
Employment
Employment
Retirement
Insurance
Insurance
Comp
SERVICES
Tax
Tax
-
-
State
Federal
$
$
$
$17,536.00
Worker's
CONTRACTUAL
Office
Postage
Teaching
Food
Other
Supplies
Supplies
Operating
Aids
SERVICES
Expenses
$ 300.00
$ 178.00
$ 300.00
CAPITAL
Telephone
[Building]
&
Equipment
Bond
Insurance
Accounting
Auto
OUTLAY
Services
Services
Allowance
&
Disposal
Seminars
Rental
-
Local
$ 1,800.00
$ 9,000.00
$
$ 2,500.00
$ 3,500.00
156.00
$
$ 3,000.00
$ 156.00
$ 594.00
$ 3,520.00
900.00
$
$
$ 1,231.00
$ 1,772.00
900.00
6,000.00
Electric
Gas
Water/Waste
Rent
Custodial
Office
Printing
Repairs
Fidelity
Liability
Legal
Private
Advertising
Conference
Contractual
Miscellaneous
Office
Computer
Other:
Furniture
[Described]
Equipment
TOTAL
$45,365.004 $18,070.00[
$27,739.00
$0.00
$0.001
$0.00]
MATCHING FUND SOURCES
BUDGET DETAIL
Page 2 of 3
PERSONNEL SERVICES
1
3
TOTAL STAFF SALARIES
Position / Title
Program Director
Bookkeeper
Hourly
Rate
Annual
Hours
$ 23.00 1387
18.00 1040
% of
Time Amount
13% $ 4,305.04
24% 4,466.97
8,772.00
FRINGE BENEFITS
CATEGORY
FICA
Life Insurance
Health Insurance
Employment Tax
Worker's Comp
Retirement
TOTAL FRINGE BENEFITS
TOTAL PERSONNEL SERVICES
% of
Payroll
7.65%
0%
% Paid % Paid
Amount by Agency by CDBG
$ 671.00
$ 279.00
BUDGET DETAIL
Amount
0% 100% $ 671.00
100% $ 279.00
$ 950.00
$ 9,722.00
Page 3 of 3
UTILITIES
CATEGORY
Telephone
Electric
Gas
Waste/Water Disposal
Other
Total Utilities
# OF % charged to
AVERAGE COST PER MONTHS CDBG
MONTH
150
12
50%
AMOUNT
$ 900.00
$ 900.00
BUILDING LEASE
1 Rent
TOTAL BUILDING LEASE
BUILDING
LOCATION
1300 Gendy
NO. SQUARE FOOT
600
Total Annual Rent
9000.00
AMOUNT
$ 3,000.00
$ 3,000.00
OTHER EXPENSES
CATEGORY
Fidelity Bond
Liability Insurance
Legal & Accounting
Office Supplies
Contract Services/Consultant
Printing
Mileage
Advertising
TOTAL OTHER EXPENSES
TOTAL CHARGE
156.00
594.00
178
3,520.00
% CHARGED TO CDBG
100%
100%
100%
100%
AMOUNT
$ 156.00
$ 594.00
$ 178.00
$ 3,520.00
$ 4,448.00
CONFERENCES AND SEMINARS
1
EVENT
1
2
TOTAL CHARGE
3
TOTAL CONFERENCES AND SEMINARS
% CHARGED TO CDBG
AMOUNT
OFFICE EQUIPMENT RENTAL
ITEM
TOTAL CHARGE
TOTAL OFFICE EQUIPMENT RENTAL
% CHARGED TO CDBG
AMOUNT
HMI3)
f►t i OR t Vttkt t ii iit't
sir
d e PNI,Vi(. 4!f \ i i 1 )1)\ b''ti
Fiscal al i is
will SUt'niif the
A- 1 3 audit report within nine
P
1
wil
month?,
c ai year or truly i;;(i Clay'dv'it(?;rl its completion iivillicheivier tP
VS/3U f } fr t tit 7:„ t' E• rj r
Federal Expenditure Oisclo..., e
Foriprai Funds
OW if Single Audit r Program Audit is not re
al Federal r
cral
ear
Notwithstanding the abovc, this, certification
n'wierjcles the' agency s "ornnn'jrnient to meet 111 othi=r financial ret#r:rt,;lq. financial
i cnlr(, cnl)Itlral tit_' )is An1t,'riC;1ti 1 \!1il31 I LH
t:ED ill Spanish
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Attachment I
CITY OF FORT WORTH
HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
COMPLIANCE DIVISION
REQUEST FOR FUNDS
AGENCY: Cultural Center of the Americas
ADDRESS: 1300 Gendy
Fort Worth, TX 76107
PROGRAM:
CONTRACT NUMBER:
CONTRACT AMOUNT: $18,070
GED/Adult Literacy
CONTRACT DATE: 6/1/2010
DATE OF REQUEST:
Month of Service:
IDIS NUMBER:
SECTION I (AGENCY)
1. Reimbursement Request
A. Expenditures:
B. Reimbursement
2. Requested By:
A. Agency Cultural Center of the Americas
(Name)
SECTION II (CITY)
1. BUYSPEED - Purchasing Request
A. Fund/Account/Center:
B. Total Amount of this Request:
1. BUYSPEED - Purchasing Request
A. BUYSPEED INPUT: Vendor/PO Number/Requisition Number:
B. Invoice ID Number
CURRENT MONTH
$
(Signature)
GR76/ 539120/ 017206460590
CUMULATIVE
$
(Date)
SECTION III (CITY)
1. Eligibility Verification
A. Project Coordinator/Specialist
B. Housing Program Manager
2. Payment Authorization
A. Sr. Accountant
B. Sr. Admin. Services Mgr
c. Director
(Name)
Mark Folden
(Name)
Benny George
(Name)
Socorro Gray
(Name)
Jesus "Jay" Chapa
(Name)
(Signature)
(Signature)
(Signature)
(Signature)
Distribution:
1 Copy - Accounting
1 Copy - Compliance
Note: Any Request for Funds that exceeds $25,000 requires the Director's signature
(Signature, if over $25,000)
OFFICIAL P
C)T SECkE,
PORE. 1 ,
(Date)
(Date)
(Date)
(Date)
(Date)
CITY OF FORT WORTH
HOUSING & ECONOMIC DEVELOPMENT DEPARTMENT
COMPLIANCE DIVISION
DETAIL STATEMENT OF COSTS
Cultural Center of the Americas
AGENCY
GED/Adult Literacy
PROGRAM
CONTRACT NO.
REPORT PERIOD
TO
Attachment II
DATE
COST CATEGORY
ACCOUNT,
PROGRAM
BUDGET
MONTHLY
CUMULATIVE
TO
DATE
BALANCE
EXPENDITURES
PERSONAL
SERVICES
Salaries
516 010
FICA
518
010
Life
Insurance
518
050
Health
Insurance
518
060
Unemployment
Tax- State
518 090
Workers
Comp
518 040
Retirement
518 070
SUPPLIES
Office
Supplies
521 010
Postage
521
020
Teaching
Aids (Equipment)
522 030
Food Supplies
522 030
Other
Operating
Supplies
523 300
CONTRACTUAL
SERVICES
Telephone
535 040
Electric
535 020
Gas
(Utility]
535 010
Water/Waste
Disposal
535 030
Rent
[Build
ngj
537 010
Custodial
Services
539 220
Office Equipment
Rental
537 030
Printing
533 030
Repairs
536 010
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
$0.00
$0.00
$0.00
50.00
Contractor's 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 the agreement.
NAME and TITLE OF AUTHORIZED OFFICER
PREPARE ONE FORM FOR EACH SOURCE OF FUNDS
DISTRIBUTION:
I Cop) -Accounting
I Cop) -Compliance
1 Copt - Agenc)
SIGNATURE and DATE
CITY OF FORT WORTH
HOUSING & ECONOMIC DEVELOPMENT DEPARTMENT
COMPLIANCE DIVISION
EXPENDITURES WORKSHEET
Cultural Center of the Americas
Agency
GED/Adult Literacy
Attachment 111
Date
Report Period
NO
DATE
CHECK NO
PAYEE
ACCOUNT NO.
AMOUNT
DESCRIPTION
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
TOTAL
50.00
TITLE OF AUTHORIZED OFFICER
SIGNATURE AND DATE
CITY OF FORT WORTH
HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENT
COMPLIANCE DIVISION
CLIENT DATA REPORT
1. Name and Address of Sub -Grantee: 2. Program Name: GED/Adult Literacy
Cultural Center of the Americas
1300 Gendy
Fort Worth, TX 76107
3. Contract No.
4. Contract Amount $18,070
5. Date of Request
Month & Year
Name
Age I Sex T Ethnicity
Race
Disabled
# Fam
Income
FHOH
Street Address
Attachment VI
f
c
M&C Review Page 1 of 5
omoal site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FORTWORTH
COUNCIL ACTION: Approved on 8/17/2010 - Ord. No. 19276-08-2010
DATE: 8/17/2010 REFERENCE C-24401 LOG NAME: 171011GRANTACT
NON.
NON� PUBLIC
CODE: C TYPE: CONSENT HEARING,
NO
SUBJECT: Authorize Budget Amendments to the City's 2010-2011 Action Plan for the Use of Grant
Funds from the United States Department of Housing and Urban Development Under its
Community Development Block Grant, HOME Investment Partnerships Program,
Emergency Shelter Grant and Housing Opportunities for Persons with AIDS Program
Authorize Execution of Related Contracts and Interdepartmental Letters of Agreement for
Program Year 2010-2011 and Adopt Appropriation Ordinance (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize budget amendments to the City's 2010-2011 Action Plan for use of grant funds totaling
$632,506.00 from the United States Department of Housing and Urban Development due to changes
in available federal grant funding;
2. Authorize the City Manager, or his designee, to execute contracts for a one year term for federal
grant funds for Program Year 2010-2011 for Community Development Block Grant, Emergency
Shelter Grant and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt
of funding from the United States Department of Housing and Urban Development;
3. Authorize the City Manager, or his designee, to extend or renew the contracts for up to one-year if
an agency requests an extension and such extension is necessary for completion of the program;
4. Authorize the City Manager, or his designee, to amend the contracts, if necessary, to achieve
program goals, provided any amendment is within the scope of the program and in compliance with
all applicable laws and regulations governing the use of federal grant funds; and
5. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriation to
the Grants Fund in the total amount of $632,506.00 ($587,282.00 increase in Community
Development Block Grant funds, $14,841.00 decrease in HOME Investment Partnerships Program
funds, $1,746.00 increase in Emergency Shelter Grant funds and $58,319.00 increase in Housing
Opportunities for Persons with AIDS funds), all subject to receipt of these grants.
DISCUSSION:
On April 13, 2010, the City Council approved the City's Action Plan for use of federal grant funds from
the United States Department of Housing and Urban Development (HUD) under the Community
Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency
Shelter Grant (ESG) and Housing Opportunities for Persons With AIDS Program (HOPWA) (M&C G-
16884).
Budgets in the Action Plan were based on prior year's grant allocations from HUD and City Council
was informed that staff would return with updated budget recommendations if necessary. HUD
subsequently published its 2010-201 1 Entitlement Fund Allocations which resulted in a net increase
of $632,506.00 in the City's funding for its 2010-2011 Action Plan as detailed in the following table:
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Grant
Funding
Original
2010-2011
Final
HUD
Entitlement
Difference
Source
Action
Plan
Allocation
for 2010-2011
CDBG
$6,743,925
$7,331,207
$587,282
HOME
$3,216,778
$3,201,937
($14,841)
ESG
$ 294,481
$ 296,227
$ 1,746
HOPWA
$
892,529
$ 950,848
$ 58,319
TOTAL
$11,147,713
$11,780,219
$632,506
Staff developed recommendations for the allocation of the actual funding from HUD and presented
them to the Community Development Council (CDC) on April 14 2010. The CDC concurred with
staffs recommendation as shown in the following table:
Grant
Funding
Source
CDBG
HOME
ESG
HOPWA
Eligible Activity,
Service or Program
Neighborhood Street
reconstruction
projects located
throughout the City in
CDBG eligible areas
Housing Counseling
Services
Administration of
CDBG and HOME
programs
Anticipated
Grant
Funding
Budget
$0
$45,000
$1,382,785
Recommended
Grant Budget
Change
$381,733
$88,092
Recommended
Final Grant
Budget
$381,733
$133,092
$117,456
$1,500,241
Community
Development
Organization
Project
(CHDO)
$482,517
($2,227)
$480,290
Housing
Funds
Targeted
Neighborhood
-
Infill
($11,130)
$500,000
$488,870
Housing
Development
Heights
Terrell
Program
Administration
Cap)
(10
$321,677
($1,484)
$320,193
percent
Presbyterian
Shelter
Night
$181,561
$1,746
$183,307
AIDS
Center
Outreach
$428,952
$19,439
$448,391
Catholic
Lady
Hogan
Charities
Project
I
l
$64,652
$19,439
$84,091
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Tarrant County
Samaritan Housing
HED Grant
Administration
TOTAL
$269,372
$26,775
$19,439
$2
$632,506
$288,811
$26,777
A 30-day public comment period on the budget revisions was held from June 11, 2010 to July 12,
2010. Any comments will be maintained by the Housing and Economic Development Department in
accordance with federal regulations.
The revised Action Plan allocates $1,131,780.00 in CDBG funds to public services activities including
child care, youth and senior services and other housing related services that benefit primarily low and
moderate income or disabled and disadvantaged populations. It also allocates $924 071.00 in
HOPWA funds to non-profit organizations providing housing and supportive services to persons with
AIDS and allocates $281,503.00 in ESG funds to homeless services providers and local emergency
shelters. In accordance with HUD recommendation, interdepartmental letters of agreement
executed by the respective department heads will be used to govern all grant -funded activities
implemented by City departments. All contracts and interdepartmental letters of agreement will
authorize reimbursement of eligible costs as of their initial dates.
The CDC and staff recommend that contracts be executed with the agencies listed below in the
amounts shown in the following table:
Community Development Block Grant :
Organization
AB Christian Learning Center -Stop Six Community Go Center
Boys and Girls Club of Greater Fort Worth-Estrellas
Cenikor Foundation -Substance Abuse Services/Homeless
Child Care Associates -Child Care
CJ's Studio of Performing Arts -Dance Studio
Clayton YES -Greenbrier Preschool
Clayton YES -School Aged Child Care
Cook Children's Health Care System -Save a Smile
Cornerstone Assistance -New Life Center
Cultural Center of Americas-GED/Adult Literacy in Spanish
Day Resource Center for the Homeless
EFW Montessori School Inc. -Montessori Child Care
Fort Worth Housing Authority-Amaka Child Care Center
Girls, Inc , of Tarrant County -Girl Power
JMAC Youth Center of Tarrant County
The Ladder Alliance -Employment Training
Latin Arts Association, d/b/a Artes de la Rosa- After School Drama Program
Meals on Wheels, Inc., of Tarrant County -Home Delivered Meals
Mental Health Association of Tarrant County -Ombudsman Program
Mental Health Association of Tarrant County -Mental Health Advocate
N orthside InterChurch Agency -Good Works/Buenas Obras
REACH, Inc -Project Ramp
S alvation Army - S.T A.R.T. Program
Senior Citizens Services - Como Senior Center
S enior Citizens Services - Diamond Hill Senior Center
S enior Citizens Services - Doc Session Senior Center
Tarrant Area Food Bank -Community Kitchen
U nited Community Centers -Crisis Intervention Program
YMCA of Metropolitan -School Age Child Care
Amount
$20,000.00
$14,400.00
$21,000.00
$117,000.00
$10,886.00
$18,000.00
$54,000.00
$21, 870.00
$15,297.00
$18,070.00
$50,000.00
$20,000.00
$27,000.00
$12,600.00
$25,000.00
$20,000.00
$20,000.00
$33,696.00
$15,750.00
$22,275.00
$21,092.00
$50,000.00
$20,000.00
$18,000.00
$18,000.00
$16,000.00
$18,000.00
$16,200.00
$45,000.00
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YWCA -My Own Place
YWCA - Child Development Program
CFW Housing and Economic Development - Housing Counseling and
Foreclosure Prevention
CFW Parks and Community Services - Como Kids After -School Program
CFW Parks and Community Services - Northside Community Action
P artners (CAP)
CFW Parks and Community Services - Woodhaven After School Enrichment
P rogram
TOTAL CDBG
Emergency Shelter Grant :
O rganization
P resbyterian Night Shelter -Emergency Shelter
S afeHaven of Tarrant County -Shelter Operations
S afeHaven of Tarrant County -Supportive Childcare
YWCA Fort Worth and Tarrant County -Supportive Living
City of Fort Worth PACSD-SHIPP
TOTAL ESG
Housing Opportunities For Persons With AIDS :
Organization
AIDS Outreach Center-HOPWA
AIDS Resources of Rural Texas-HOPWA
Catholic Charities -Lady Hogan Project
Tarrant County Samaritan Housing, Inc. -Supportive Services
TOTAL HOPWA
These programs are available in ALL COUNCIL DISTRICTS.
$17,628.00
$135,000.00
$133,092.00
$25,000.00
$25,724.00
$16,200.00
$1,176,780.00
Amount
$183,307.00
$20,000.00
$15,157.00
$13,039.00
$50,000.00
$281,503.00
Amount
$448,391.00
$102,778.00
$84,091.00
$288,811.00
$924,071.00
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendations and adoption of the attached appropriation ordinance, funds will be available in the
current operating budget, as appropriated, of the Grants Fund, contingent upon approval and receipt
of adequate funding from HUD for the term beginning June 1, 2010 and ending May 31, 2011.
TO Fund/Account/Centers
FROM Fund/Account/Centers
GR76 539120 017206460XXX
GR76 539120 017206463XXX
GR76 539120 017206464XXX
GR76 451727 017206460XXX
GR76 539120 017206460XXX
GR76 451727 017206461XXX
GR76 539120 017206461XXX
GR76 451727 0172Q6463XXX
GR76 539120 017206463XXX
GR76 451727 017206464XXX
GR76 539120 017206464XXX
$1.131,780.00
$2811503.00
$924,071.00
$587,282.00
$587,282.00
($14 841.00)
C$14,841 0
$1, 746.00
$1, 746.00
$58,319.00
$58, 319.00
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Submitted for City Manager's Office by: Tom M. Higgins (6192)
Originating Department Head: Jesus Chapa (5804)
Additional Information Contact: Mark Folden (8634)
ATTACHMENTS
171011 GRANTAC AO.doc
http://apps.cfwnet.org/councilpacket/mc_review.asp?ID=13852&councildate=8/17/2010 9/29/2010