HomeMy WebLinkAboutContract 43704-A2 CITY SEC RY -7
CONTRACT NO$
SECOND AMENDMENT T CITY SECRETARY CONTRACT NO. 43704
WHEREAS the City of Fort Worth ("'City" and Cultural Arts Center ("Agency""), made
and entered into City Secretary Contract Nol. 43704("Contract");
WHEREAS, the Contract provides fi nd ng to Agency pursuant to a grant received by
City from the United States Department of Housing and Urban evelopment "f UD") through
the Community Development Block Grant "CDBG"), Program;
WHEREAS, FIUD published new 2013 income limits which apply" to the C BG 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 Re nrt and xhiblt - .2012 "IL Income U l'ts of the Contract
with the new 2013 income limits',
AS, 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, TIJEREFORE, City and Agency hereby agree to amend the Contract as follows:
I.
a. Section 17 Insurance and Bon of the Contract is hereby deleted
and replaced with the following language to be effective October 1, 20120-0
17. Insurance and Bondir
Agency will maintain coverage in the f rm of insurance or bond in the
amount of$3 1,875.00 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 hand shat l he used to reimburse Cite for any and all lass of
C BG funds occasioned by such misconduct. To, effectuate such reimbursement,
such fidelity coverage shall include a rider stating that reimbursement for any l oss
or losses shall name the City as a Loss Payee.
Agency shall furnish to City in a timely rnanne�r, 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 Effeetive Date, Agency shall be inn default of the Contract
and City may, at its option, terminate the Contract.
Second .Amendment to CSC No. 43704
Cultural Arts Center C DBG SECRETARY]
MAR
Such *insurance shall cover all insurable risks *Incident to or in connect-ion
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 Liabilit y (CGS,) Insurance
$,500,1000:each occurrence
$1,0001,000 aggregate limit
Non-Pro�fit Organization, Liability or Directors & Of."ficers Liab
$1,0010,0001 Each Occurrence
$1,000,000,Annual Aggregate Limit
Business,Automo-blifle LiablLity 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 ava*ilabfll*ty of the above coverage and at the discretion of
i
City,the policy shall be the primary responding nsurance policy versus,a personal
auto insurance policy if or when in the course of Agency's business as contracted,
herein.
Workers' Com,pensation Insurance,
,Part A: Statutory Limits
Part B: Employer's Liability
$1.00,000 each accident
$100,0:00 disease-each employee
$,500,0010 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 coverag�e, Developer 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
L
no more frequently than once every 12 months, and Agency shall revise such
amounts within 3:0 days following notice to Contractor of such requirements.
Second Amendment to CSC No. 43704
Cultural Arts Center(CD,BG)
Agency will, submit to City documentation that it has obtained insurance coverage
and has executed blonds 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 sic y 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'rexas. 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 forte Program, and such requirements exceed those specified
herein, the former shall prevail.
Agency shall require its contractors, to maintain applicable insurance coverages,
lim,its, 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 organizati'onal
duties. Coverage shall protect not only the entity, but all past, present and ftiture
directors, officers, trustees, employees,, volunteers and committee mernbers.
bi. Attachment III attached to the Contract is replaced with the attached
Revi'sed Attachment III Client Data Report to be effective February 1, 2013.
Second Amendment to CSC No. 437'04
Cultural Arts,Center(CDBG)i
C. Exhibit F - 2012 HUD Income Limits attached to the Contract is
replaced with the attached E,xhl"bl*t F - 2013 HUD Income LI'miks to be effective
February 1, 2013.
IM
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]
Second Amendment to CSC No. 437Oi4
Cultural Arts Center('C'DBG)
ACCEPTED AND AGREED.
CULT ARTS C CITE" OF FORT WORTH
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Helen Sides Fernandol Costa,
Executive Director "° Assistant City Manager
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APPROVED A$ TO WF01 M AND LEGALITY.
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M&C C- 67 Date:
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Second Amendment to CSC No. 43704 OFFICIAL RECORD
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Official site of the City oi'Fort Worth,Texas
CITY COUNCIL A' GEN�DA FORTNVORT11
COUNCIL,ACTION: Approved'As Amended on 8/71201i 2 -Ordinance No. 203161-08-20121
CONTINUED FROM A PREVIOUS WEEK
DATE: 71241201112 REFERENCE C-25�767 LOG NAME: 17H�UDACTPLANPIY12-13,
NO.:
CODEN- C TYPE: NOW PUBLIC, YES
CONSENT HEARING:
SUBJECT: Conduct a Public Hearing and Approve;City's 2012-2013 Action Plan for the Use of
Federa�l Grant Funds-from the United States Department of Housing and Urban
Development in -the Amount of$9,278,851.001 for Program Year 2012-2013 from the
Community Development Block Grant, HOME, Investment Partnerships Program,
Emergency Solutions Grant and Housing Opportunities for Persons with AIDS Grant
Programs, Au�thorize Collection andl Use of Programs Income, Authorize Application of
Indirect,Cost Rates, Authorize Execution of Related Contracts,andl Interdepartmental
Letters of Agreement and Adopt Appropriation Ordinance (ALL COUNCIL, DISTRICTS)
NEEMIMEMI
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing to allow citizen input,alnd consideration of the City"s 2012-2013 Action
Plan for use of federal grant funds from the U�niitedl States Department of Hous,ing and Urban
Development in the amount of$,9,278,851.00 fore Program Year 2012,-20131 from the,Community
Development Block Grantp 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 gralint funds;
2. Approve the City's 2012-2013 Action Plans for submiss,io�n 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 $50,0001.00 of program inco�me resulting from
activities using prior years' Community Development Block Grant funds for the programs, and
activities detailed below;
4. Authorize the collllection and use of'any program income resulting from activities using prior years'
HOME Investment Partnerships Program funds for the City's, Homebu�yer 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 1,1 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 a�gency or department requests an extension and such
extension is necessary for completion of the program;
7. Authori1 ze the City Manlager, 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 com�p�liance with City policies and all applicable laws and regulations governing�,
the use of federal grant funds;
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8. Apply ind�i�rect cost rates as applicable for the Grants Fund in accordance with the City's
Administrative Regulations" and
1
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,,8301,1191.00 in Corrimunity Development
Block Grant funds, $1,9173,169.00 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 comm�unity
development activities programs and proposed expendlitures for the use of federal grant funds in the,
amount of $9,278,851.00 from the United States Department of Housing and U�rb�an Development
(HUD) for the program year beginniing October 1, 2012 and ending September 30, 2,013 from the,
Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME),
Emergency Solutions Grant (ESG), and Housing Opportunities for Persons with AIDS (HOPWA) gra�n�t
programs. This year's Action Plan also summarizes the use of program i!n�come resulting from
activities using prior ye�ars' CDBG1 and HOME funds. The purpose of these grant funds, is to, primarily,
benefit low and moderate income City residents, with ESG funds primarily ben!efiltiing 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 publ'ic hearing on the City's Action Plan will
be the first pu�bl�ic hearing for the HUD-required citizen participation process. A second' public hearing
is proposed for August 7, 2,0112 at which time the City Council is scheduled to, approve the Action
Plan�. The City'sAction Plan must be submitted to HUD by August 161, 2012.
In addition, two public hearings were held on July 16�,, 20,12 at 9*30 a.m. and 6-00 pm. for citizens to
provide comment on the proposed lists of neighborhood streets eligible for reconstruction, using
CD,BG funds., Thie Transportation and Pubili�c 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 availab�le 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 comm�it the additional funds. Staff
developed recommendations for the al�l�ocation of the estimated funding from HUD and presented
them to, the Community Development Council (CDC) on June 4,, 2012. A summary of the CDCs
funding recommendations is provided be�lolw in Tables 1, 2, and 3 and a spreadsheet of all specific
funding recommendations is attached.
For Program Year 20,12-2013, the $5,830,119.00 in CDBG funds and $50,01001.001 of CDBG program
income is recommended to be allocated as follow&
Housing Programs and Services -$2,124,038.00
This item includes funding for the City's Priority Repair Program,1 Cowtown B,r,u�sh�-Up, h:om:ebulyer 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
pop�u�lations.
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Community Facilities and Infrastructure -$930,596-05
This its includes funding for neighborhood streets reconstruction and streetlight installation for the
Terrell Heights neighborhood.
CDBG Economic Development-$73499143.301
This item is this year's payment of the City's Section 108 loan from HUD.
CD General Admin"Istration -$11166,023.80
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-$150,000.00
Staff recommends allocating any CDBG program received to the following items'.
CASA of Tarrant County, Inc. $, 11875.00
Cultural Arts Center $ 11875.00
Day Resource Center for the Homeless, $ 11875.00
YWCA Fort Worth &Tarrant County $ 11875-00
Neighborhood Street
Reconstruction, $32,5001.00
C General Administration (20 percent) $10$0010.0101
'T'ot,al C Program Income $507000-00
For Program Year 2012-2013, the$1,973,,169.00 in HOME funds is recommended to be allocated as
follows..
HOME General Administration -$1971316.90
This item includes costs for aidmilniistering the HOME grant.
Community Development Housing Organizations (CHDO) Set Aside -$0.,OO
This HUD-requ�ired minimum, allocation has been met with previous years" awards to CHDOs for
nonprofit affordable housing projects and CH DO 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 homeb,uyers.
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 Gig's Homebuyer Assistance Program
(HAP) after the 10 percent allocation, excluding recapture, for HOME General Administration.,
For Program Year 2012-2,013, the $532,857.00 in E grant funds is recommended to be allocated
as follows*
Allocation to non-profit,service providers -$492,892.72
AllocatJon to ESG program administration, -$3%9164.28
For Program Year 2012-,2,013, the $942,706.010 in HO,PWA grant funds is recommended to be
allocated as follows-
Allocation to non-profit,serviice providers -$914,424.82
Allocafilon to HOPWA program administration -$28,281.118
The CDC and Staff recommend that contracts be executed with the agencies listed below in the
amounts shown, in, the following tables:
Comimulnft i — 10
-Wevelooment-aWck Qrartt*
Table 11 1-CDBG Agencies
Organizabon Program Amount
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Diamond Hill and
Camp Fire USA First Texas Council Northside Station $ 751900.00
Volunteer Advocate
CASH of Tarrant,County, I'nc. Training $ 30110001.00,
Substance Abuse
Cenikior Foundation Treatment $ 757000.0101
Clayton Child Care. Inc. d/b/a Clayton
YES! School Age Child Care $ 751100101.001
New Life Center/Promise.
Cornerstone Assistance Network Ho,uise $ 75,000-00
Cultural Arts Center GE D in Spanish $, 30,000-00
Day Resource Center for the Homieless, Couniseling Services and
Case Management $ 3118018.50
The Ladder Alliance, Emplolymient Training $ 751000.00
Mental Health Association of Tarrant Long Te:rml Care
County Ombudsman $ 75,000.85
Good Works/Buenas,
Northside Inter-Church Agency, Inc. 01bras, $ 751000.00
Senior Citizen Services of Greater Transportation for
Tarrant County Seniors $ 75,000.001
Community
Tarrant Area Food Bank Kitchen/Meals $ 75,1000.00
Child Development
YWCA Fort,Worth &Tarrant County Program $ 75,000.00
YWCA Fort Worth &Tarrant County, Power of Self 01 8:0 8.5 0
CDBG Public Service Subtotal $ 74,51 .85
REACH Resource Center on
Independent Living i Project Ramp $ 0010 00,
TOTAL CDBG! Contracts $ 9240617.85
Emer encv Solutions Grants.
Table 2 - ESG Agencies
Organization Program Amount
Prevention and Rapid
Catholic Charities,of Fort Worth Re-Housing $ 381178.52
Community Action
C,FW.* Parks and Community Services Partners $ 75,000.00
The Emergency Shelter
Presbyterian Night Shelter Program $11671892.72
Shelter Operations and
SafeHaven of Tarrant County Rapid Re-Housing $ 1751,000.00
Counseling Services and
Daly Resource Center Case Management $ 3611821.48
TOTAL ESG,Contracts, 4921,892.72
Housing Q I OR
"ortunit"es For Persons With AIDS-
Table 3 -HIOP,WA Agencies
Organization Program Amount
AIDS Outreach Center, Inc. Adlministratio,n (three percent), $612,7518.90
Supportive Services, TBRA, and
STRMU
Tarrant County Samaritan H'ousing, Inc. Administration (three percent),
Supportive Services, and TBRA $ 3 1 5.92
TOTAL HOPWA Contracts $ 9140424-82
These programs are alvaillable in ALL COUNCIL DISTRICTS.
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FISCAL II IF'ORMAriON/C ERT'IF'IC A TION
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 FROG 1=unwd ►ccount C enters
GR76 451727 017 628OXXXI $5,830,119.00
_G T6 451 727 017206281XXX. X 1.973.169.00
GR.765XXXXX $1,973,1,69-00
172 062 1 XX
GR 6 5XXXXX 01'7206283XXX $532,857.00
GR76 451.X27 C 17 62 4XXX $ 4Z 7"06-
GR76 _51_65 01720628OXXX 50 C .
QR76 451727 0172016283XXX K32,B
�`ubnnitte+d for l ,na.�er� C " ce y Fernando Costa (6122)
r i ig Department Head: Jay Cpl apa (5804)
Additional ional Informat C n Contact: C ntl ia Garcia (818,7)
Avis F. Chaisson (6342)
ATTACHMENTS
HMENTS
17HUDACTPLANPY12-13 A012 VGfj)-doc
2 1 13 ction lanFundi Recolmmenda�tioins.pOf
List of,Selected Streets for._20,12-2013�d
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