HomeMy WebLinkAboutContract 43705-A1 Cffy SECRETARY
CONTRACT NO,,
FIRST AMENDMENT TO CITY SECRETARY CONTRACT N . 43705
WHEREAS the City of Fort Worth "City") and Safe Haven of Tarrant County
"Agency"'), made and entered into City Secretary Contract No. 43
WHEREAS, the Contract provides funding to Agency pursuant to a grant received by
City from the United States Department of dousing and Urban Development ("HUD") through
the Emergency Solutions Grant "ESG ' , Program-,
WHEREAS
, HUD published new 2013 income limits which apply to the 1 SG 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 H'UD 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 %t is the rnutual desire o Cityw and Agency to amend the Contract to meet
Contract objectives.
NOW, THEREFORE, City and Agency hereby agree to amend the Contract as follows-
1.
a. Section 17 Insurance and Bon dln of the Contract is hereby deleted
and replaced with the µfollowing language to be effective October 1, , 12
7. Insurance and Bo rtdln
Agency will maintain coverage in the form of insurance or bond in the
amount of$175,000.00 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
ESG 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 foss 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.
First Amendment to CSC No. 43705
off
Saf Haven of Tarrant County(ESG) tC111 :eSjte'TARjV
CITY Spa'-
RECEIVED' MAR 1
Such insurance shall cover all insurable risks incident to or in connection
with the eXeCL16011, performance, attempted per-forniance or nonperformance of
this Contract., Agency shall maintain, 'or require its general contractor to
maintain, the following coverage and limits thereof:
Commercial General Liability nce,
I ,(CG..,L,') I.nSUra
$500,000 each occuirrence
$1,000,000 aggregate limit
Non-Prof"It r anrza.tion Lia 1 it or Directors &, Officers LJ
$
1,000,0100 Each OCCUrrence
$1,000,000 An nUal Aggregate Urnit
Business Autornob,de Liab'l'li,ty [nsuratice
$1,000,000 each accident on a combined single-limit basis, or
$250,000 Property Damage
$500,0100 Boldlily Injury per persion per occurrence
$2,000,000 Aggregate
Insurance policy shall be endorsed to cover"Any ALIto"', defined as autos owned, 1-fired,
and non-owned. Pending availability of the above coverage an(] at the discretion of
City, the policy shall be the primary responding 'insurance policy versus a personal
auto insurance policy 'if f or when in the course of Age ncy's business as contracted
herein.
Workers, �,.�omensation Insurance
Part A.: Statutory Limits
Part B.- Employer's Liablility
$100,000 each accident
$
100, 00 disease-each, ernployee
$500,0001 disease-policy lit-nit
Note: Such insurance shall cover employees performing work on any and all
projects Including bUt not linlited to conStrUCtion, den olition, and rehabilitation.
Developer or its contractors shall rnaintain coverages,, if applicable. In the event
the respective contractors do not maintaill coverage, Developer shall maintain the
coverage on such contractor, if applicable, fOr each applicable contract.
AdditionalJL eA L,l*re irn ents
Such inSUrance amOLints 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 da ys I'.0 1�
llowing nolt*ce to Contractor Of Such reqUirenients.
First Amendment to CSC No. 43705
Safel-faven of"Tarrant COUnty(ESG)
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 hereLtrider.
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 111SUrance po licy shall be endorsed to include a
waiver of subrogation, also refer-red 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 biusiness In the
state of Texas by the Department of Insurance or be otherwise eligible and'
authorized to do business, in the state or 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. [lest Key Rating Guilide rating or A-: V11 or other
equivalent it industry standard rating otherwise approved by City.
Deductible lit-nits 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 inSILirance 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,
and other requirements as those specified herein; and Agency shall require
limits, I
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 rnade basis. This coverage may also be refeirred to as Management
Liability, and shall protect the insured against clalms, arising OUt of alleged errors
in judgment, breaches of duty and wrongful acts arising OLIt olf their organizational
duties. Coverage shall protect not only the entity, but all past,, present and future
directors, officers,, trustees, employees, Volunteers and committee menibers.
b. Attachment III attached to the Contract is replaced with the attached
Revised Attachment III Cllent.Data Report to be effective February 1, 2013.
First Amendment to CSC No. 437015
SafeHaven of Tarrant COUnty(ESG)
4
C. Exhibit F - 2012 H'UD Income Li is attached to the Contract is
replaced with the attached Exhibit F 2013 HUD Income Limits to be effective
February 1, 2013.
All other terms and conditions of the Contract not amen d herein remain Unaffected and
in full force and t" t, are binding on the Parties, and are hereby ratified by the Parties.
[S,IGNATURES APP EA FOLLOWING PAGE]
first Aniendment, to CSC 'No. 43705
Safel-faven of Tarrant CoLjiity('ESG)
...........
ACCEPTED AND AGREED:
SAFEHAVEN OF TARRANT COUNTY CITY OF FORT WORTH
By- B
y*0
Mary Lee afl�y Fernando Costa,
,000,0)�
Executive Director A 0, k
064.. Assistant City Manager
ATT'
OVED S TO, FOfM AND LE GAL ITY:
#F&RI
Assistant City Attorney
ity Secretar J, C.)
M&C C-2576 Date-, 8/7/2012
OFFICIAL RECORD
First Amendment to CSC No. 43705 CITy SF.CRETARY
" WORT",lrx
SafeHaven of Tamant County(ESG)
...............
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OftCN31 of the it of For:Worth,Texas
CITY COUNCIL AGENDA FORTIVORTI-I
MON POWWOWS
COUNCIL ACTION: Approved As Amended on 8/7/2012 -Ordiinance No. 20316-08-2012
NOW% 0001101411
I i
Ar
CONTINUED FROM'A PREVIOUS WEEK
DATE: 7/24/2012 REFERENCE C-25767 LOG, NAME,: 17HUDACTPLANPY12-13
.-V
CODE: C TYPE: NOW PUBLIC YES
CONSENT HEARING:
SUBJECT: Conduct a Public Hearing and Approve City's 2012-2013 ►ction Plan for the Use of
Federal Grant Funds from the United States Department of Housing and Urban
Development in the Amount of$972787851.00 for Program Year 2012-2013 from the
Community Development Block Grant, HOME Investment Partnerships P,rogiram,
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)
WW0910411 ANSIVIYA10A INMEMNIMI&S
REC-OMMENDATION:
It is recommended that the City Council-
11. Conduct a public hearing to allo,w citizen input and consideration of the City's 2,012-2,013 Action,
Plan for use of'fedleral grant funds from the United States Department of housing and Urban
Development in the amount of$9,278,851.00 for Program,Year 2012-20:113 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 fuinds;
2. Approve the Cite is 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 $501,000.00 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 fund's for the City J!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 colmpletio,n 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
t,he 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
-1
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 Commu�nity 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'fedleiral grant funds in the
amount of $9,278,85,1.00 from the United States Department of' Housing and Urban Development
(HUD) for the program year beginning October 1, 2012 and end'i'ng, 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 ES,G, funds primarily benefiting homeless
persons and HOPWA funds primarily benefiting persons with H'IV/AI'DS.
A
301-day pulbllic 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 healring for the HUD-required citizen participation process. A second public hearing
is proposed for August 7, 20112 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
CAD BG-eligible areas. The streets selected for reconstruction were based on the comments pirovided
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 $510,000.00 of CD program
income is recommended to be allocated as follows-
Housing Programs and Serv,ices, -$2,124,038-001
Thlis 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 -$8747517.85
This item includes social, services for low to, moderate income,, disabled,, and disadvantaged
populations.
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Comm pity Facilities and Infrastructure -$930,596.05
This item includes funding for neighborhood! streets reconstruction and streetlight installation for the
Terrell Heights nieighborhlood.
CDBG Economic Development,-$7341,943.30
This item is this year's payment of the City's Section 1108 loan from HUD.
C General'Adminiistration, -$1111661023.80
This item,, includes costs for administering the CDBG grant including, allocations for Financial
Management Services, Internal Audit, and Planning and Development.
CD Estimated Program, Income -$50,000-00
Staff recommends allocating any CD program received to the following items..
CASH of Tarrant County, Inc. $ 11 1875-00
Cultural Arts Center $ 1)875-00
Day Resource Center for the Homeless, $ 111875-001
YWCA Fort Worth &Tarrant County $1 11875.00
Neighborhood Street
Reconstruction $3275010.00,
CD G General Administration (20 percent) $1101000.00
Total C1 Program Income $501,000.00
For program Year 2012-2013, the$1,973,1 9.00 in HOME,funds, is recommended to be allocated as
follows:
HOME General'Administration -$11971316.90
This item includes costs for administering the HOME grant.
Community Development Housing Organizations (CHDO) Set Aside-$01-00
This HUD-required minimum allocation has been met with previous years' awards to CHDOs for
nonprofit affordable housing projects and CH DO administrative operating costs.
Home buyer Assistance Program -$11775, 52.11
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 2012-20113 Program Year from activities using
HOME funds. Any future, program income will be used for the City's, Homebuyer Assistance Program,
(HAP), after the 110 percent allocation, excluding recapture, for HOME General Administration.
For Program Year 2012-2013, the $532,8157.00 in ESG grant fulnids is recommended to be allocated
as follows:
Allocation to n!on-profit service providers 1-$4912,892,1.72
Allocation to ES G program administration -$397964.,28
For Program Year 20,12-2013, the$942,706,00 in HOPWA grant funds is recommended to be
allocated as follows*
Allocation to non-profit service providers -$1914,424.82
Allocation to H2OPWA program aidminlistratilon -$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-Qeyo rnent Rjock'Grant:
Table 1 1-CDBG Agencies
Organization Program Amount
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Diamond Hill and
Camp Fire USA First Texas Council Northside Station $ 75,900-00
Volunteer Advocate
CASA of Tarrant County, Inc. Training $ 301000.00
Substance Abuse
Cenikor Foundation Treatment $ 751000-00
Clayton Child Care. I'nc. d/b/a Clayton
YES! School,Age Child Care $ 751000,001
New Life Center/Promise
Cornerstone Assistance Network House $ 751000.00
Cultural Arts Center GE D in Spanish $ 3011000-00
Day Resource Center for the Homeless Counseling Services and
Case Management $ 311808-501
The Ladder Alliance Employment Training $ 751,010,01,00,
Mental Health Association of Tarrant Long, Term Care
County Ombudsman $ 75,000.85
Goad Works/Buenias
Northside linter-Church Agency, linic. Obras 75,000.00
Senior Citizen Services of Greater Transportation for
Tarrant County Senliors $ 751000.00
Community
Tarra t Area Food Bank Ki,tc,hen/Meals $ 75,000.00
Child Development
YWCA Fort Worth & Tarrant County Program $ 75,000,010
YWCA Fort Worth & Tarrant County Power of Self $_ 31_1_808.50
CDBG1 Public Service Subtotal $ 874,517.85
REACH Resource Center on
Independent Living Project Ramp $—.,-5Q3.0100.00
TOTAL,CDBG Contracts $ 9247517.85
Emergvncy_$_QIutions Grant:
Table 2 - ESG Agencies
Organization Program Amount
Prevention and Rapid
Catholic Charities of Fort Worth Re-Holusing $ 381178-512
Community Action
CAF W- Parks and' Community Services Partners $ 751000.00
The Emergency Shelter
Presbyterian Night Shelter Program, $ 1671892.72
Shelter Operations and
SafeH,aiven, of Tarrant County Rapid Re-Housing $ 1751,000-00
Counseling Services and
Day Resource Center Case Management, $ 361,821-48
'TOTAL ESG Contracts 49,21892.72
Heosin g—Oppqrtunities F'or..P s With AIDS-
Table 3 -HOPWA Agencies,
Orgainlization Program Amount
AIDS Outreach Center, Inc,. Administration, (three percent),, $6121758-90
Supportive Services, TBRA,, and'
STRMU
Tarrant County Samaritan Housing, Inc. Administration (three percent),
Supportive Services, and TBRA $__�01&65.92
TOTAL, HOPWA Contracts $ 9141424.82
These programs are available in ALL COUNCIL DISTRICTS.
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Tire Financial Management Services Director certifies that upon approval of the above
recommendations, adoption ct the attached appropriation rdinance and receipt ct grant funds, funds
°ill tae available in the current ►plorating budget, as ppropirialtcd, ct the Grants Fund.
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ATTAR"HMENTS
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