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HomeMy WebLinkAboutContract 43689-A1CrveEC fl '�i kret CONTRACT Wen kt) FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 43689 WHEREAS the City of Fort Worth ("City") and YWCA Fort Worth & Tarrant County ("Agency"), made and entered into City Secretary Contract No. 43689("Contract"); WHEREAS, the Contract provides funding to Agency pursuant to a grant received by City from the United States Department of Housing and Urban Development ("HUD") through the Community Development Block Grant ("CDBG"), Program; WHEREAS, HUD published new 2013 income limits which apply to the CDBG Funds awarded to Agency by the Contract; WHEREAS, in order to comply with the new HUD income limits, City desires to replace Attachment III- Client Data Report and Exhibit F- 2012 HUD Income Limits of the Contract with the new 2013 income limits; WHEREAS, in addition, City desires to modify the Insurance and Bonding requirements in the Contract; and WHEREAS, it is the mutual desire of City and Agency to amend the Contract to meet Contract objectives. NOW, THEREFORE, City and Agency hereby agree to amend the Contract as follows: I. a. Section 17 Insurance and Bonding of the Contract is hereby deleted and replaced with the following language to be effective October 1, 2012: 17. Insurance and Bonding. Agency will maintain coverage in the form of insurance or bond in the amount of $75,000.00 to insure against loss from the fraud, theft or dishonesty of any of Agency's officers, agents, trustees, directors or employees. The proceeds of such insurance or bond shall be used to reimburse City for any and all loss of CDBG Funds occasioned by such misconduct. To effectuate such reimbursement, such fidelity coverage shall include a rider stating that reimbursement for any loss or losses shall name the City as a Loss Payee. Agency shall furnish to City in a timely manner, but not later than the Effective Date, certificates of insurance as proof that it has secured and paid for policies of commercial insurance as specified herein. If City has not received such certificates by the Effective Date, Agency shall be in default of the Contract First Amendment to CSC No. 43689 YWCA Fort Worth & Tarrant County(CDBG) OFFICIAL R ©©RD fl`Y SECRETARY [Milo llil, ;' •',/fI\.1 ifird9 0 ar& ck, RECEIVED MAR 18 2013 and City may, at its option, terminate the Contract. Such insurance shall cover all insurable risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this Contract. Agency shall maintain, or require its general contractor to maintain, the following coverage and limits thereof: Commercial General Liability (CGL) Insurance $500,000 each occunence $1,000,000 aggregate limit Non -Profit Organization Liability or Directors & Officers Liability $1,000,000 Each Occurrence $1,000,000 Annual Aggregate Limit Business Automobile Liability Insurance $1,000,000 each accident on a combined single -limit basis, or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence $2,000,000 Aggregate Insurance policy shall be endorsed to cover "Any Auto", defined as autos owned, hired, and non -owned. Pending availability of the above coverage and at the discretion of City, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of Agency's business as contracted herein. Workers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $100,000 each accident $100,000 disease -each employee $500,000 disease -policy limit Note: Such insurance shall cover employees performing work on any and all projects including but not limited to construction, demolition, and rehabilitation. Developer or its contractors shall maintain coverages, if applicable. In the event the respective contractors do not maintain coverage, Developer shall maintain the coverage on such contractor, if applicable, for each applicable contract. Additional Requirements First Amendment to CSC No. 43689 YWCA Fort Worth & Tarrant County(CDBG) Such insurance amounts shall be revised upward at City's reasonable option and no more frequently than once every 12 months, and Agency shall revise such amounts within 30 days following notice to Contractoi of such requirements. Agency will submit to City documentation that it has obtained insurance coverage and has executed bonds as required in this Contract prior to payment of any monies provided hereunder. Where applicable, insurance policies required herein shall be endorsed to include City as an additional insured as its interest may appear. Additional insured parties shall include employees, officers, agents, and volunteers of City. The Workers' Compensation Insurance policy shall be endorsed to include a waiver of subrogation, also referred to as a waiver of rights of recovery, in favor of City. Any failure on part of City to request certificate(s) of insurance shall not be construed as a waiver of such requirement or as a waiver of the insurance requirements themselves. Insurers of Agency's insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to do business in the state of Texas. Insurers shall be acceptable to City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rating of A-: VII or other equivalent insurance industry standard rating otherwise approved by City. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by City. In the event there are any local, federal or other regulatory insurance or bonding requirements for the Program, and such requirements exceed those specified herein, the former shall prevail. Agency shall require its contractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and Agency shall require its contractors to provide Agency with certificate(s) of insurance documenting such cover age. Also, Agency shall require its contractors to have City and Agency endorsed as additional insureds (as their interest may appear) on their respective insurance policies. Directors and Officers Liability coverage shall be in force and may be provided on a claims made basis. This coverage may also be referred to as Management Liability, and shall protect the insured against claims arising out of alleged errors in judgment, breaches of duty and wrongful acts arising out of their organizational First Amendment to CSC No 43689 YWCA Fort Worth & Tarrant County(CDBG) duties. Coverage shall protect not only the entity, but all past present and future directors, officers, trustees employees, volunteers and committee members. b. Attachment III attached to the Contract is replaced with the attached Revised Attachment III Client Data Report to be effective February 1, 2013. c. Exhibit F - 2012 HUD Income Limits attached to the Contract is replaced with the attached Exhibit F - 2013 HUD Income Limits to be effective February 1, 2013. II All other terms and conditions of the Contract not amended herein remain unaffected and in full force and effect, are binding on the Parties and are hereby ratified by the Parties. [SIGNATURES APPEAR ON FOLLOWING PAGE] First Amendment to CSC No 43689 YWCA Fort Worth & Tarrant County(CDBG) ACCEPTED A YWCA FORT WORTH TARRA COUNTY • By: Carol yaoeek Executive Director ATTEST: City Secret CC_251•/ RI WORTH. B• ati o Costa, 4oa €7404\ Fel`siStat t City Manager 41,0 0 10\, o /Aft F4:� PRO Q0000a �.c'� � Attorney rent '°�Assistant City Date: 8 j7/2012 No, 43689 CDBG� First Amendment to CSC attiant County( MCA fort Worth AND • OFFICIAL RECORD CITY SECRETARY 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 40 41 42 43 44 45 46 47 48 REVISED ATTACHMENT 1I1 CLIENT DATA REPORT Agency: Program: Month: FriInstructions: This roport is meant to list all unduplicated clionts sorvod during tho contract yoar (Octobor 1, 2012 to Soptombor 30, 2013). Each month, ploaso add any now, provlously unroportod cllont;. You will also attach ollglbllity documentation for oach now client. Now undupllcat clients should bo listed below provlously roportod onos, so that this shoot will act as a rolling tally. Ploaso only list clients ono time, during tho flit month that thoy rocoivo service. Evon if a cliont continuos to rocoivo sorvico for multiplo months, thoy only nood to bo liatod o timo. Put an "X" In oach approprlato box regarding tho cllont's sox, othnicity, raco, otc. 1 1 1 1 Name Undup Clts for CURRENT MONTH CUMULATIVE Unduplicated Cllontz 'Proposod Clion lq) Por Contract Ito olMllostono Mo *Do not roviso tho cllont goal unless tho contraCi Is amondod, accordingly. Street Address Ago I Sox (indicate Ono) Male Female Ethnicity (indlcato Ono) Hispanic Non - Hispanic American Indian or Alaskan Native Acton Black or Africnn Amoricnn Native Hawaiian or Other Pacific IcInnder Raco (indlcato Ono) White American Indian or Alncknn Native and White Asian and White Black or African American and White American Indian or Alaska Native and Black or African American Other Multiple Race Combinoti once Disablod (Indica o Ono) Yes No i I<30°,10 AMI HH Incomo (Only choose 1 of tho 4 columns) HH Sizo 1 =513.85U 2415,800 3<$17.800 4<$19.750 5<$21.350 6422.950 7<$24.500 6<$26.100 31-5O% AMI 1 <23.050/ 2<$26.350 3<$19.650 4<$3� 900 7<$40.800 8<$43.450 51-80% AMI 2:9P4( 3<$47,400 4<$%`'.650 od no >80% AMI 1yt5j 3>$47.400 4>$52.650 5>$56.900 6>$61,100 7465.300/ 7>$65.300 8469.500 8>$69.500 FHOH (indlcato Ono) Yes No I 30%AMI 50% AMI 80% AMI Amended Exhibit F — 2013 HUD Income Limits 2013 Median Family Income — Fort Worth/Arlington, TX 1 Person 2 Persons 3 Persons 4 Persons 5 Persons 6 Persons 7 Persons 8 Persons $13,850 $15,800 $17,800 $19,750 $21,350 $22,950 $24,500 $26,100 $23,050 $26,350 $29,650 $32,900 $35,550 $38,200 $40,800 $43,450 $36,900 $42,150 $47,400 $52,650 $56,900 $61,100 $65,300 $69,500 M&C Review Page 1 of 5 COUNCIL ACTION DATE: CODE: SUBJECT: 7/24/2012 C Official site of the City of Fort Worth, Texas FORT WORT! I Approved As Amended on 8/7/2012 - Ordinance No. 20316-08-2012 CONTINUED FROM A PREVIOUS WEEK REFERENCE NO.: TYPE: C-25767 NON - CONSENT LOG NAME: PUBLIC HEARING: 17HUDACTPLANPYI2-13 YES Conduct a Public Hearing and Approve City's 2012-2013 Action Plan for the Use of Federal Grant Funds from the United States Department of Housing and Urban Development in the Amount of $9,278,851 00 for Program Year 2012-2013 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS Grant Programs, Authorize Collection and Use of Program Income, Authorize Application of Indirect Cost Rates, Authorize Execution of Related Contracts and Interdepartmental Letters of Agreement and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing to allow citizen input and consideration of the City's 2012-2013 Action Plan for use of federal grant funds from the United States Department of Housing and Urban Development in the amount of $9,278,851.00 for Program Year 2012-2013 from the Community Development Block Grant, HOME Investment Partnerships Program, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant programs and for the use of program income from activities using prior years' federal grant funds; 2. Approve the City's 2012-2013 Action Plan for submission to the United States Department of Housing and Urban Development including allocations of grant funds to particular programs and activities as detailed below; 3. Authorize the collection and use of an estimated $50,000.00 of program income resulting from activities using prior years' Community Development Block Grant funds for the programs and activities detailed below; 4. Authorize the collection and use of any program income resulting from activities using prior years' HOME Investment Partnerships Program funds for the City's Homebuyer Assistance Program; 5. Authorize the City Manager, or his designee, to execute contracts and interdepartmental Letters of Agreement for a one year term with the agencies listed below in Tables 1, 2, and 3 for Program Year 2012-2013 for Community Development Block Grant, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding; 6. Authorize the City Manager, or his designee, to extend the contracts and interdepartmental Letters of Agreement for up to one year if an agency or department requests an extension and such extension is necessary for completion of the program; 7 Authorize the City Manager, or his designee, to amend the contracts and interdepartmental Letters of Agreement if necessary, to achieve program goals, provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use of federal grant funds; http://apps.cfwnet.org/council_packet/mc review.asp7ID=17008&councildate=8/7/2012 11/27/2012 MVI&C Review Page 2 of 5 8. Apply indirect cost rates as applicable for the Grants Fund in accordance with the City's Administrative Regulations; and 9. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations to the Grants Fund in the total amount of $9,278,851.00 ($5,830,119.00 in Community Development Block Grant funds, $1,973,169.00 in HOME Investment Partnerships Program funds $532,857.00 in Emergency Solutions Grant funds and $942,706.00 in Housing Opportunities for Persons with AIDS funds) plus any program income all subject to receipt of such funds. DISCUSSION: The City's Action Plan is a comprehensive summary of the major housing and community development activities programs and proposed expenditures for the use of federal grant funds in the amount of $9,278,851.00 from the United States Department of Housing and Urban Development (HUD) for the program year beginning October 1, 2012 and ending September 30, 2013 from the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG) and Housing Opportunities for Persons with AIDS (HOPWA) grant programs. This year's Action Plan also summarizes the use of program income resulting from activities using prior years' CDBG and HOME funds. The purpose of these grant funds is to primarily benefit low and moderate income City residents, with ESG funds primarily benefiting homeless persons and HOPWA funds primarily benefiting persons with HIV/AIDS A 30-day public comment period on the City's proposed Action Plan was held from June 25, 2012 to July 25, 2012. Any comments will be maintained by the Housing and Economic Development Department in accordance with federal regulations. This public hearing on the City's Action Plan will be the first public hearing for the HUD required citizen participation process A second public hearing is proposed for August 7, 2012 at which time the City Council is scheduled to approve the Action Plan. The City's Action Plan must be submitted to HUD by August 16, 2012. In addition, two public hearings were held on July 16, 2012 at 9:30 a.m. and 6:00 p.m. for citizens to provide comment on the proposed lists of neighborhood streets eligible for reconstruction using CDBG funds. The Transportation and Public Works Department prepared a list of priority streets in CDBG-eligible areas The streets selected for reconstruction were based on the comments provided at the public hearings. A complete list of the streets is attached and will be included in the Action Plan. The allocations in the draft Action Plan available during the public comment period were based on funding estimates available at that time. The amounts set out below reflect the allocations from HUD at the time of this Mayor and Council Communication (M&C). The allocations are not yet final and if the amounts increase, Staff will bring forward another M&C to commit the additional funds. Staff developed recommendations for the allocation of the estimated funding from HUD and presented them to the Community Development Council (CDC) on June 4 2012 A summary of the CDC's funding recommendations is provided below in Tables 1, 2 and 3 and a spreadsheet of all specific funding recommendations is attached For Program Year 2012-2013, the $5,830,119.00 in CDBG funds and $50,000.00 of CDBG program income is recommended to be allocated as follows: Housing Programs and Services - $2,124,038.00 This item includes funding for the City's Priority Repair Program, Cowtown Brush -Up, homebuyer and housing services, and accessibility modifications to the homes of senior and/or disabled individuals and related project delivery costs for these programs. Public Services - $874,517.85 This item includes social services for low to moderate income, disabled, and disadvantaged populations. http://apps.cfwnet.org/council_packet/mc_review. asp7ID=17008&councildate=8/7/2012 11/27/2012 M&C Review Page 3 of 5 Community Facilities and Infrastructure - $930,596.05 This item includes funding for neighborhood streets reconstruction and streetlight installation for the Terrell Heights neighborhood. CDBG Economic Development - $734,943.30 This item is this year's payment of the City's Section 108 loan from HUD. CDBG General Administration - $1,166,023.80 This item includes costs for administering the CDBG grant including allocations for Financial Management Services, Internal Audit, and Planning and Development. CDBG Estimated Program Income - $50,000.00 Staff recommends allocating any CDBG program received to the following items. CASA of Tarrant County, Inc. Cultural Arts Center Day Resource Center for the Homeless YWCA Fort Worth & Tarrant County Neighborhood Street Reconstruction CDBG General Administration (20 percent) Total CDBG Program Income For Program Year 2012-2013, the $1 973,169.00 in HOME follows: HOME General Administration - $197,316.90 This item includes costs for administering the HOME grant. $ 1,875.00 $ 1,875.00 $ 1,875.00 $ 1,875.00 $32,500.00 $10, 000.00 $50,000.00 funds is recommended to be allocated as Community Development Housing Organizations (CHDO) Set Aside - $0.00 This HUD required minimum allocation has been met with previous years' awards to CHDOs for nonprofit affordable housing projects and CHDO administrative operating costs. Homebuyer Assistance Program - $1,775,852.10 This item includes funding to provide down payment and/or closing cost assistance to low and moderate income homebuyers. Staff anticipates the receipt of program income in the 2012-2013 Program Year from activities using HOME funds. Any future program income will be used for the City s Homebuyer Assistance Program (HAP) after the 10 percent allocation, excluding recapture, for HOME General Administration. For Program Year 2012-2013, the $532,857.00 in ESG grant funds is recommended to be allocated as follows: Allocation to non-profit service providers - $492,892.72 Allocation to ESG program administration - $39,964.28 For Program Year 2012-2013, the $942,706.00 in HOPWA grant funds is recommended to be allocated as follows: Allocation to non-profit service providers - $914,424.82 Allocation to HOPWA program administration - $28,281.18 The CDC and Staff recommend that contracts be executed with the agencies listed below in the amounts shown in the following tables: Community Development Block Grant: Table 1 - CDBG Agencies Organization Program Amount http://apps.cfwnet.org/council_packet/mc review.asp?ID=17008&councildate=8/7/2012 11/27/2012 M&C Review Page 4 of 5 Camp Fire USA First Texas Council CASA of Tarrant County, Inc. Cenikor Foundation Clayton Child Care. Inc. d/b/a Clayton YES! Cornerstone Assistance Network Cultural Arts Center Day Resource Center for the Homeless The Ladder Alliance Mental Health Association of Tarrant County Northside Inter -Church Agency, Inc. Senior Citizen Services of Greater Tarrant County Tarrant Area Food Bank YWCA Fort Worth & Tarrant County YWCA Fort Worth & Tarrant County CDBG Public Service Subtotal REACH Resource Center on Independent Living TOTAL CDBG Contracts Emeraencv Solutions Grant: Table 2 - ESG Agencies Organization Catholic Charities of Fort Worth CFW: Parks and Community Services P resbyterian Night Shelter S afeHaven of Tarrant County Day Resource Center Diamond Hill and N orthside Station Volunteer Advocate Training S ubstance Abuse Treatment S chool Age Child Care N ew Life Center/Promise House GED in Spanish Counseling Services and Case Management Employment Training Long Term Care Ombudsman Good Works/Buenas Obras Transportation for S eniors Community Kitchen/Meals Child Development Program Power of Self Project Ramp Program Prevention and Rapid Re -Housing Community Action Partners The Emergency Shelter P rogram S helter Operations and Rapid Re -Housing Counseling Services and Case Management TOTAL ESG Contracts Housing Opportunities For Persons With AIDS: Table 3 - HOPWA Agencies Organization AIDS Outreach Center, Inc. Tarrant County Samaritan Housing, Inc. 75,900.00 30,000.00 75, 000.00 75,000.00 75, 000.00 30,000.00 31,808.50 75,000.00 75, 000.85 75,000.00 75,000.00 75,000.00 $ 75,000.00 $ 31.808.50 $ 874,517.85 $ 50.000.00 $ 924,517.85 Amount $ 38,178.52 $ 75,000.00 $ 167,892.72 $ 175,000.00 $ 36,821.48 492,892.72 Program Amount Administration (three percent), $ 612,758.90 S upportive Services, TBRA, and STRMU Administration (three percent), S upportive Services, and TBRA TOTAL HOPWA Contracts These programs are available in ALL COUNCIL DISTRICTS. $ 301.665.92 $ 914,424.82 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17008&councildate=8/7/2012 11 /27/2012 ,M&C Review Page 5 of 5 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, adoption of the attached appropriation ordinance and receipt of grant funds, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers GR76 451727 017206280XXX GR76 5XXXXX 017206280XXX GR76 451727 017206281XXX GR76 5XXXXX 017206281XXX GR76 5XXXXX 017206283XXX GR76 451727 017206284XXX GR76 5XXXXX 017206284XXX GR76 451685 017206280XXX GR76 5XXXXX 017206280XXX GR76 451727 017206283XXX $5.830.119.00 $5.830.119.00 $1.973.169.00 $1.973.169.00 $532.857.00 $942.706.00 $942.706.00 $50.000.00 $50.000.00 $532.857.00 Submitted for City Manaaer's Office by: Oriainatina Department Head: Additional Information Contact: FROM Fund/Account/Centers Fernando Costa (6122) Jay Chapa (5804) Cynthia Garcia (8187) Avis F. Chaisson (6342) ATTACHMENTS 17HUDACTPLANPY12-13 A012 VG(1) doc 2012-13ActionPlanFundinaRecommendations.odf List of Selected Streets for 2012-2013.odf http://apps.cfwnet.org/council_packet/mc review.asp7ID=17008&councildate=8/7/2012 11/27/2012