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HomeMy WebLinkAboutContract 43707-A1 CITY SECRETARY CONTRACT NO. FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO, 43707 WHEREAS the City of Fort Worth ("City") and CASA of Tarrant County, Inc. ("Agency"), made and entered into City Secretary Contract No. 43707("Contract"), "VV -,SEAS, the Contract provides funding to Agency pursuant to a grant received by City from the United States Department of Housing and Urban Development C ") 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 8, Attachment III-Client Data Rep�ort and Exhibit F-2012 HUD Income,Limits of the Contract ioc'. with the new 2013 ncome lrn4 f WHEREAS in addition, City desires to mod'i y 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.- 1. a. Section 17 Insurance and Bon of the Contract is hereby deleted and replaced with the following language to be of October 1, 20120-1 17, Insurance and Bondi Agency will maintain coverage in the form of insurance or bond 'in the amount of$31,875.00 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 bond shall be used to reimburse City for any and all loss of CD 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., First Amendment to CSC No.437017 [iOFIFICIAL RECORD CAS A of Tarrant County, Inc. (C,DBIG) Ty S CITY SECRETARY 1 T Wo To WORO RECEIVED MAR 2 9 20 F RTHI TX Such insurance shall cover all "Insurable risks "incident to or In con-nection, with the execution,, performance,, attempted performance or nonperformance of this Contract. Agency shall maintain, or require its general contractor to maintai, the following coverage and limits thereof: Commercial General Liability(CG,L) Insurance $500,000 each, occurrence $1,000,000 aggregate limit Non-Pr fit r a lz tion Liabi'lity or Directors& Offlicers ahllit $1,000,000 Each Occurrence $19 , 000,000 Annual Aggregate Limit Business Automobile Liabijily 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 shat be endorsed to cover"Any Auto",defined as autos owned,hired, A and non-owned. Pendi*ng availablifity of the above coverage and at the discretion oi, City,the polky shall be the primary responding insurance policy versus a personal auto'insurance poficy if'or when in the course of Agency's business,as contracted herein. Workers' Compensation Insurance. Part A: Statutory Limits Part 13: Employer's Liability $100,000 each accident $100,000 disease-each, employee $500.010101 disease-policy limit Note: Such insurance shall cover employees performing work on any and all piroj�ects 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 Such insurance amounts shall be revised upward at City's reasonable option and I- no more frequently than once every 12 months, and Agency shall revise suen amounts within 30 days following notice to Contractor of such requirements. First Amendment to CSC No. 3707 CASE of Tarrant County, Inc. (CDBG) 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 to 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,,00,0 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 certifficate(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 9 jud r out of their oran izational in gment, breaches of duty and wrongful acts arising 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 Attachnient III Client Data Report to be effective February 4,20,13. First Amendment to CSC No 43707 CASA of Tarrant County, Inc. (CDBG) I A C. me L Exhibit F - 2012 HUD Income 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 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 F L01WING PAGE] First Amendment to C'S,C No.43707 CASH of Tarrant County, Inc. (CDBG) ACCEPTED D AGREED, CASA OF TARRANT OUNTY.) INC. CITY OF FORT WORTH. By Jul Summers Fernando Costa, Ex c Director ocl Assistant City Meer ic T EST ��, ��'► *!F PIP,' O,V E,D,AS ORM AND LEGALITY. Assistant City Attorney 4 K/Cre M CA C-2 7 Date.- 81/7/2012, EOF�FIC�IAL RECORD C�ITY SECRETARY First Amendment to CSC No 43707 H rX CASA of Tarrant County, Inc. (CDBG) FTe WORTHy TX C) .--4 0 C) 4n 00 fn � kn ' ' 0 C> CA � N ^ ., cq 00 lag ON 6s 601) 644 **1 0 0 CA 0 0 I .P-0 O PC 00 V-4 C4 MIN a 0 cn W Fo C) 0 CA 0 en SOS fio� 604 00 c) cs C) rl% r r r / r r / r r / rr r- , r r / r/ ra /. ✓ r/ r r r r / r / r r r r r r r r 1 r a / r r r / I r / r �� 1 „ �r ;/ �✓,%/, ',,,,,,,,,'rrr,%G,i / r r r r / r /a r i i r / rr ri / rr / r ,ri./f N r, / r l/I r r r r / l r / R'WR'"NVU)W1t.,wDa V riot,:,4,(,R41!WillMA M&C Review Page I of 5 Off iaan!,,ite of the City of Fort Worth I Texas, FORT WORT H GA E N`1 A CITY LN AA Lo COUNCIL ACTION,% Approved As Amended on 8/7/'2012 -Ordinance No. 20316-08-2012 INIMMMOMM"i CONTINUED FROM A PREVIOUS WEEK DATE.- 7/24/2012 REFERENCE C-25767 LOG NAME: 117H!UDACTPL,ANPY12-13 NO-W- CODE-$ C TYPE: NOW PUBLIC YES CONSENT HEARING: t of SUBJECT: Conduct a Public Hearing and Approve C -2,0 13 Action Plan for he Use ity s 2012 Federal Grant Funds from the United States Department of Housing and Urban Deve�llopm!enit 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 Gra�nit Programs, Authorize Collection and Use,of Program Income, Authorize Application of Indirect Cost Rates,, Authorize Execution of Related Contracts and Interdepartmental I 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 2012­2013 Action Plan for use of federal grant funds,from the United States Department of Housing and Urban Development in the am ount of$9,278,851.00 for Program Year 20112-2013 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. Approvethe City's 2,012,-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 $,50,0001.00 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 201121-2013 for Community Development Block Grant, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of fund�inig, 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 extens,ion is necessary for completion of the program; 7. Authorize the City Manager, or,his designee, to amend the contracts and interdepartmental Letters of Agreeme�nt�if necessary, to ach,ie,ve 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-,Happis.cfwnet.org/council—Packet/mc—review.asp.9,1D=1 7008&councildate-8/7/2012 11/27/2012 M&C Review Page 2 of 5 8. Apply indirect cost rates as appl:icable for the Grants Fu�nd in accordance with the City's Administrative Regulations; and 9. Adolpt the attached appropriation ordinance increasing the estimated receipts and' appropriations to the Grants Fund in the,total amount of$91,27'8,8511.00 ($5,830,119.00 in Community, Development Block Grant fun�ds, $11,973,169.00 in HOME Investment Partnerships, Program funds, $532,857.00 in Emergency Solutions Grant funds and $942,1706.00 in:, Housing Opportunities for Persons with AIDS funds) plus any program in�come, all subject to receipt of such funds. DISCUSSION: The City"s Action Plan, is a comprehensive summary of the major housing, and' community development actlivities programs and proposed expenditures for the use of federal grant funds in the amount�, of $191,2781,851.00 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 B,l�ock Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG) and Housing Opiportu�n�it'ie,s fo,r Persons with AIDS (HOPWA) grant programs. This year's Action P�l�an also summarizes the use of program income resulting from act�ivities, 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/AlDS. A 30-day public comment period on the City's proposed Action Plan was held from June 25, 2012 to July 25, 2101:2. Any comments will be maintained by the Hous,ing and Economic Development Department in accordance with federal regulations. This public hearing on the City's Action Plan w,i�ll be the first public hearing for the HUD-required citizen participation process. A second public hearing is proposed for August 7, 2012 at wh�ich time the City Council is scheduled to approve the Action Plan. The City'l s Action Plan must be submitted to HUD by August 16,1 2012. -30 a.m. and 61*00 p.m., for citizens to, In additi�on, two public hearings were held on July 16, 2012 at 9. provide comment on the proposed lists of n�e�igh�blo,rholod�: streets elli:gilbl'e for reconstruction using CDBG funds., The Transportation and' Public 'Works Department prepared a list of priority street's in CDBG-eligiblie areas. The streets se�lected for recons,t ruction 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 Comm u!,n ication (M&C). The allocations are not yet final and if the, amounts i�ncrealse, Staff will bring forward another M&C to comm,it the ad�d�iltion,all 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 summa�ry of the CDCs funding recommendations is provided below in Tables 1, 2, and: 3 and a spreadsheet of all specific funding recommendations is attached. For Program Year 2012-20131, the $,5,83,0,1119.00 in CDBG funds and $50,000.00 of CDBG program income is recommendedto be allocated as follows: Housing Programs and Services -$2,,124,038.00 This itlem includes funding for the City's Priority Repai�r Prolgram!, Cowtown Brush-Up, homebuyer and housing service�s, and accessibility modifications to the homes of senior and/or d�isabiled individu�als 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 poplu�la�ti�on�s. http-.//apips.cfwnet.org/c,ounc'i 1 _packet/mc—rev"iew.asp.?ID=17008&counclidate=8/7/2012 11/27/2,012 MC Review Page 3 of 5 Community Facilities and Infrastructure-$930,596-05 This item includes funding for neighborhood streets reconstru�ction 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 1!08 loan from HUD. C General Administration -$191661023.80 This item, includes costs for administering the CDBG grant i'ncluldli'ng allocations for Financial i Management Services, Internal Audit, and Planning and Development. CDBG Estimated Program Income ®$510y000.00 Staff recommends allocating any CDBG program received to the following items.* CASH of Tarrant',County, I nlc. $, 11875.00 Cultural Arts Center $ 11,875-00 Day Resource Center for the Homeless $ 1,„87;5.00 YWCA Fort Worth & Tarrant County $ 11875.00 Neighborhood Street Reconstruction $32,500.00 CDBG General Administration (2,0 percent) $1010100.010 Total CDBG Program Income $,5010010.00 For Program Year 21011 2-20113, the $1, 73,169.00 in HOME funds is recommended to be allocated as follows: HOME General Administration -$1971316-90 This item includes costs for administering the HOME grant. Community Development Housing Organizations ('CHDO,) Set Aside -$0.010 This HUD-required minimurn 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 fuinding, to provide down payment and/or closi�ng cost assistance to low and moderate income homebuyers. Staff anticipates the ireceipt 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 Home,buye,r Assistance Program (HAP) after the 10 percent allocation, excluding recapture, for HOME General Administration. For Program Year 201�2-2013, the $532,857.00 in E grant funds, is recommended to be allocated as follows: Allocation to non-profit service providers-$49,22892.72 Allocation to ESG program administration -$3999 4.28, For Program Year 2012-2013, the $942,7016.0101 in HOPWA grant funds is recommended to be al'l'ocated as follows* Allocaflon to non-profit service providers,-$914,424.82 Allocation to Ht PWA 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 to files: Communifty- Jopment BI,Qck Grant:, Table, 1 -CDBG1 Agencies Organization Program Amount, http://a s.cfwnet.org/c unc'l 1 _packet/mc_review.asp?.1D=1 7008&councildate=8/7/2012 11/'27'/2012 M&C Review Page 4 of 5 Diamond Hill and Camp Fire USA First Texas Council N'orthiside Station $ 75,900-00 Volunteer Advocate CASH of Tarrant County, Inc. Training $ 30,000.00 Substance Abuse Cenikor Foundation Treatment $ 751000.00 Clayton Child Care. Inc. d/b/a Clayton YES! School Age Child Care $ 75,000.00 New Life Center/Promise Cornerstone Assistance Network House $ 757000.00 Cultural Arts Center, GE D, in Spanish $ 301000.00 Day Resource Center for the Homeless Counseling Services and Case Management $ 31,80 .501 The Ladder Alliance Employment Training $ 75,000.00 Mental Health Association of Tarrant Long Term Care County Ombudsman $1 751000.85 Good Works/Buenas Northside Inter-Church Agency, Inc. Obras $ 751000-00 Senior Citizen Services of Greater Transportation f'or Tarrant County Seniors $ 751000.00 Community Tarrant Area Food Bank Kitchen Meals $ 751000.00 Child Development YWCA Fort Worth & Tarrant County Program $ 751,000.00 YWCA Fort Worth &,Tarrant County Power of `elf $ 3111808-50' CDlBG Publaic Service Subtotal $ 874,517-85 REACH Resource Center on Independent Living Project Ramp L-5-0 J 00Q Q.Q-0 TOTAL CDBG Contracts $ 924;5117.85 Emi er encv Soluti ons rant: Talbile 2 - E.SG Agencies Organization Program Amount Prevention and Rapid Catholic Charities of Fort Worth Re-Housing $ 38,178.52 Community Action, CF'W-1 Parks and Community Services Partners 75,0010.00 The Emergency Shelter Presbyterian Night Shelter Program $ 1673892.72 Shelter Operations and SafeHaven of Tarrant County Rapid Re-Housing $ 17510:010.00 Counseling Services and Day Resource, Center Case Management $ 3611821.48 TOTAL ESG Contracts 492,892.72 Hous,,,in Oi3portunities For Persons With AIDS: Table 3 HOB"WA Agencies Organization Program Amount AIDS Outreach, Center, Inc. Administration (three percent), $6121758.910 Supportive Services, TBRA, and STRMU Tarrant County Samaritan Housing, Inc. Administration (three pe'rcenit), Supportive Services, and 'TBRA, $.--301,.665-92 TOTAL HOPWA Contracts $ 914, 24-82 These programs,are available in ALL COUNCIL DISTRICTS. http-//apps.cfwnet.org/counc*1 I _packet/mc—review.asp?ID 1701+ 8&counclidatie=8/`7/2012 11/27/2012 C Review Page 5 of 5 FISCAL INFORMATIONXERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations,ations, a e tion of the attached appropriation er inance and receipt of great funid s, funds will be available in the current operating budglet, as appropriated, of the Greats Fund. TO Ana 'A000un,VCenters FROM Fund/Account/Centers QR76 451727 01720628OXXX $5,830_1 1_1_9jQO .GR716 5XXXXX 01720,628OXXX $,, 3 ,19.00 G R76 451'727 017206281XXX $1,_973,1�— 76 5X X X Oil 720!6281 XXX 7: 451727 0172Q62a4XX4. $94 x.00 GF .5XXXXX 1 62 XX $942 7 Q. G Z 6B5 7200.2 X50 .00 X76 5X.XXX 01 7Z2XX G 76 GR76 451727 27 72062:-a�XXX $532,8,57-00 Sub I -od � w "�..! e fi= r , Coated 22 QrdglnAt i",q-De, gar r nt Head Jay Chapa (5804) --.1-- Cynthia Garcia 87 Addit'lonall Information Contact: Avis F'. Chaisson (6342) ATTACHMENTS 17HUDACTPLANPY12-13 AO.12-V1-Q(1,.�-,doc M.. .. . ..,..`...._.. ...__ _.... . _. Streets fob 127201 p . htt :Ha s.c raet.org/coup l a l et/i-ne—r i w.asp?[ , 1° 008 n i e= " 2 2 1 1/27/2012