HomeMy WebLinkAboutContract 43693-A1 (2)c EC ' li
CONTRAtit MO. p ()),
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 43693
WHEREAS the City of Fort Worth ("City") and Clayton Child Care, Inc. dba Clayton
YES! ("Agency"), made and entered into City Secretary Contract No. 43693 ("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. 43693
Clayton Child Care, Inc. dba C1aytob YES! (CDBG)^
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
RECEIVES MAR l R 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 occurrence
$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 43693
Clayton Child Care, Inc. dba Clayton YES! (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 Contractor of such requirements.
Agency will submit to City documentation that it has obtained insurance coverage
and has executed bonds as required in this Contract prior to payment of any
monies provided hereunder.
Where applicable, insurance policies required herein shall be endorsed to include
City as an additional insured as its interest may appear. 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 coverage. Also, Agency shall require its contractors to have City and
Agency endorsed as additional insureds (as their interest may appear) on their
respective insurance policies.
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 43693
Clayton Child Care, Inc. dba Clayton YES! (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. 43693
Clayton Child Care, Inc. dba Clayton YES! (CDBG)
ACCEPTED
CLAYTON CHILD CARE, INC.
DBA C. AYTO
N YES!
By:
A
•.
itt
cMurrey
rankle M • • to
• Executive e D11 ec
01;-
¶t. cies
ity Seer
M&C C-
CITY OF FART WORTH
By:
l444 Fernando Costa,
o
�► tic Assistant City
�‘4Y10�
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��ao°ooaoEfl?F
tettAssistant City Attorney
Date: 8/7/2012
First Amendment to CSC No. 43693
Clayton Child Care, Inc. dba ClaytoS(CDBG)
PROVED AS FORM AND LEGALITY
4
OFFICIAL RECORD
CITY SECRETARY
FT. WORTHS TX
Agency:
Program:
Month:
Instructions:
1
3
4
5
6
7
8
9
0
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
47
48
48
REVISED ATTACHMENT III
CLIENT DATA REPORT
This report Is meant to Ikt all unduplicated clients served during the contract year (October 1, 2012 to September 30, 2013). Each month, ,
clients !hated be listed below previously reported ones, so that this sheet will act as a rdli g tally. Please only list clients one time. during the
time. Put an'X" In each appropriate box regardbg the client's sex, ethnicity, ace, etc.
Undup CIEs torCURRENT MONTH)
CUMULATIVE Unduplicated Cliental
•Propomd client Contract) Goal Per Coct
% of Mgntone Meet
'Do not revise the client goal unless the contract Is
amended, accordingly.
Sex ' I Etbnkty ; I
(Indicates) ' (Indicate One)
Non,
Hlaank Hispanic
Amxkur
Indian or
Alaskan
Nave
Habra
Hawaiian
Stack or or Other
AMan ' Paella
Asian American 'Islander
any new. previously unreported clients. You will also attach eligibilty documentation tor each new Client New unduplicated
month that they receive service Even It a diem continua to receive service tor middpk maths, they only need to be listed one
Rae (hub ate One)
American
Indiana Bieck or
Alaskan AMcan
Native and Asian and American
e White White end White
American
Indian Or
Alaska Other.
Native and Multiple
Black or Race'
Aldan CombinW
Amarkon one
Dlaabled
(Indicate One)
Yes No
Naze
HH income
(Only choose 1 of the 4 col
430% AMI 31.60%
AMI
15313.65of 1623.050
24515,6002426350
3451T306 3429.650_
4CS19 150, tit 32.900
5421.350 54351550
64522.950 6e336.200
7624,5W 74$40.800
04320 100 8643450
51E80%
AMI
/ icka SOO
24f 2;150
3c547.400
44552.650
54 36.900
64361.100
74385;300
84589,500
FHOH
me) . (Indicate One)
>80%AMI
Y>336.900
2>$42150
Yee No
3>547.400
4>$52.650
5456.960'
6>$81 100
7>se5.300'
g>E89.500
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
30%AMI $13,850 $15,800 $17,800 $19,750 $21,350 $22,950 $24,500 $26,100
50% AMI $23,050 $26,350 $29,650 $32,900 $35,550 $38,200 $40,800 $43,450
80%AMI $36,900 $42,150 $47,400 $52,650 $56,900 $61,100 $65,300 $69,500
M&C Review
Page 1 of 5
IL
Official site of the City of Fort Worth, Texas
FORT /iiiiORTH
COUNCIL ACTION: Approved As Amended on 8/7/2012 - Ordinance No. 20316-08-2012
CONTINUED FROM A PREVIOUS WEEK
DATE: 7/24/2012 REFERENCE C-25767 LOG NAME: 17HUDACTPLANPYI2-13
NO.:
CODE: C TYPE: NON- PUBLIC YES
CONSENT HEARING:
SUBJECT: 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 or 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;
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•
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.
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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. $ 1,875.00
Cultural Arts Center $ 1,875.00
Day Resource Center for the Homeless $ 1,875.00
YWCA Fort Worth & Tarrant County $ 1,875.00
Neighborhood Street
Reconstruction $32,500.00
CDBG General Administration (20 percent) $10,000.00
Total CDBG Program Income $50,000.00
For Program Year 2012-2013, the $1 973,169.00 in HOME funds is recommended to be allocated as
follows:
HOME General Administration - $197,316.90
This item includes costs for administering the HOME grant.
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
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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
Presbyterian Night Shelter
SafeHaven 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
O mbudsman
Good Works/Buenas
Obras
Transportation for
Seniors
Community
Kitchen/Meals
Child Development
P rogram
P ower of Self
P roject 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
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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
$51830.119.00
$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 Manager'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.pdf
List of Selected Streets for 2012-2013.pdf
http://apps.cfwnet.org/council_packet/mc review.asp7ID=17008&councildate=8/7/2012
11/27/2012