HomeMy WebLinkAboutContract 43774-A1 (2)cwv SECRETARY
CONTRACT Na
17 L'IL
RECEIVEP Ape o 6 2013
FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 43774
WHEREAS the City of Fort Worth ("City") and Tarrant County Housing
Partnership, Inc. ("Agency"), made and entered into City Secretary Contract No.
43774("Contract");
WHEREAS, 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.
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 $97,608.00 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
City 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
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 contractors 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
OFFICIAL RECOR
First Amendment to CSC No. 43774 CITY SECRETARY
GENERAL FUNDS PSA CONTRACT - Tarrant County Housing Partnership, Inc.
EH; d WORTH, TX
$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 Agency or its contractors shall maintain coverages, if
applicable. In the event the respective contractors do not maintain
coverage, Agency shall maintain the coverage on such contractor, if
applicable, for each applicable contract.
Additional Requirements
Such insurance amounts shall be revised upward at City's reasonable option and
no more frequently than once every 12 months, and Agency shall revise such
amounts within 30 days following notice to Agency 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.
First Amendment to CSC No. 43774
GENERAL FUNDS PSA CONTRACT - Tarrant County Housing Partnership, Inc.
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 requir e 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 insui ance 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
duties. Coverage shall protect not only the entity, but all past present and future
directors, officers, trustees, employees, volunteers and committee members.
II
All other terms and conditions of the Conti act 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. 43774
GENERAL FUNDS PSA CONTRACT - Tarrant County Housing Partnership, Inc.
ACCEPTED AND AGREED:
TARRANT COUNTY HOUSING
PA s TNER J' IP, INC.
ATTEST:
City Secr
M&C C-257
CITY OF FORT WORTH
B:
atFeinando Y--aCityManager
.,,44
�Costa, Assistant
'a fOar\
'd01oA4p 0 \
Date: 8/7/2012
% CO\
D AS TO FORM AND
Fot
ems/
"11°s is :illiiiitc.,
�tr�r Assistant City Attorney
ITY:
First Amendment to CSC No. 43774 HousingPartnership, Inc.
GENERAL FUNDS PSA CONTRACT - Tarrant County
OFFICIAL RECORD;
CITY SECRETARY
FtWORTH,TX i
M&C Review
Page 1 of 2
DATE:
CODE:
SUBJECT:
COUNCIL ACTION: Approved on 9/11/2012
9/11/2012 REFERENCE NO.: **C-25802 LOG NAME:
C TYPE:
Official site of the City of Fort Worth, Texas
FORT WORTH
17TCHP-HOUSING
COUNSELING
PUBLIC
CONSENT NO
HEARING:
Authorize Allocation from the Housing Trust Fund to Tarrant County Housing Partnership,
Inc., in the Amount of $97 608.00 for Housing Counseling Services and Authorize
Execution of an Appropriate Contract for Such Services (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the use of general funds from the City's Housing Trust Fund in the amount of
$97,608.00 for housing counseling services for Program Year 2012-2013;
2. Authorize the City Manager or his designee to execute a contract with Tarrant County Housing
Partnership, Inc., in the amount of $97,608.00 for housing counseling services for a term beginning
October 1, 2012 and ending September 30, 2013; and
3. Authorize the City Manager or his designee to amend the contract, 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.
DISCUSSION:
In 2010, the City adopted its Consolidated Plan which outlines how the City will spend federal grant
funds received from the United States Department of Housing and Urban Development. The Plan
states that the City will use a portion of its federal grant funds to increase homeownership through
housing counseling of 300 new homebuyers from 2010-2013.
On August 17, 2010, (M&C C-24401) the City Council approved the City's Action Plan for Program
Year 2010-2011 which provided the amount of $133 092.00 of Community Development Block Grant
(CDBG) funds for the City's Housing Counseling and Foreclosure Prevention program. Because
CDBG grant reductions decreased funds for administrative costs, the City eliminated its Housing
Counseling and Foreclosure Prevention Program and outsourced it and the CDBG funds to Tarrant
County Housing Partnership, Inc. (TCHP). TCHP provides these service to low and moderate income
residents.
In order to fund this program in 2011-2012, TCHP competed for CDBG funds with other public
service agencies and was awarded the amount of $133,092 00 (M&C C 24564, CSC No. 41755). In
2012, TCHP again competed for CDBG funds but did not receive an award because of reduced
CDBG funding. Since the City s Consolidated Plan provides that the City would assist 300 new
homebuyers with housing counseling, Staff recommends providing the amount of $97,608.00 to
TCHP in order that they can continue the program in 2012-2013. The funds would come from the
General Fund portion of the City's Fort Worth Housing Trust Fund
If approved for funding, TCHP will provide home ownership training in accordance with HUD
requirements, including in-depth one-on-one pre -purchase housing counseling consisting of money
management including basic debt management, household budgeting and consumer education, as
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17368&councildate=9/11/2012 3/28/2013
M&C Review Page 2 of 2
well as foreclosure prevention services. TCHP will be paid on a monthly reimbursement schedule and
will provide reports to the City and maintain documentation addressing quality assurance and
regulatory compliance
TCHP housing counseling and foreclosure prevention services will be available in ALL COUNCIL
DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above
recommendation, and upon adoption of the Fiscal Year 2012-2013 budget by the City Council to
include the above recommended item(s), funds will be available in the Fiscal Year 2012-2013
operating budget, as appropriated in the Fort Worth Housing Finance Corporation Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
R109 539120 017109007012 $97.608.00 R109 539120 005109007002 $97.608.00
Submitted for City Manager's Office bv:
Oriainatina Department Head:
Additional Information Contact:
ATTACHMENTS
Fernando Costa (6122)
Jay Chapa (5804)
Cynthia Garcia (8187)
Robin Bentley (7315)
http://apps.cfwnet.org/counciljacket/mc_review.asp7ID=17368&councildate=9/11/2012 3/28/2013