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HomeMy WebLinkAboutContract 19410 STATE OF TEXAS S 01TY SECRETARY CONTRACT NO COUNTY OF TARRANT S THIS contract is made and entered into by and between the City of Fort Worth ("City") , acting by and through Libby Watson, its duly authorized Assistant City Manager, and Presbyterian Night Shelter of Tarrant County, Inc. a Texas nonprofit corporation ("Contractor") , by and through Robert W. Bohl, its duly authorized President. Contractor' s business address is 1000 Penn Street, Fort Worth, Texas 76102 . WHEREAS, the City of Fort Worth has been notified that it will receive grant monies from the United States Department of Housing and Urban Development (HUD") through the Special Projects Grant; and WHEREAS, the primary purpose of the Special Projects Grant pro- gram is -to construct a specialized day and residential treatment facility for the indigent mentally ill and/or substance abusers; and WHEREAS, the Community Development Council and the City Council of Fort Worth have determined that a specialized day and residential treatment facility for the indigent mentally ill and/or substance abusers is needed by the low- and moderate-income citizens of Fort Worth; and WHEREAS, the City desires to grant to Contractor HUD Special Project Grant funds to be used by Contractor to construct a 33, 000 square foot facility on property owned by the Contractor to house non-profit agencies which will provide specialized programs for homeless persons suffering from mental illness or substance abuse. NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: That the parties covenant and agree as follows: 1. Scope of Services Contractor will use funds granted hereunder to construct a 33 , 000 square foot facility to house non-profit agencies which will provide specialized programs for homeless persons suffering from mental illness or substance abuse. The property is described as follows: Lots 9-16, Block 94 Texas and Pacific Railroad Company Addition Street Address: 2400 Cypress, Fort Worth, Texas The term of this contract will begin October 1, 1992 and end May 31, 1993 . OFFICIAL RECORD ON T 1 FT. 9 TM 2. Funding and Reports City will grant Contractor CDBG monies in an amount not to ex- ceed Five Hundred Thirteen Thousand Dollars ($513 , 000) , with the remaining funds necessary for the construction being provided by the Contractor. Funds will be disbursed to Contractor upon submission by con- tractor of its invoices from construction contractors. Contractor also agrees to submit its construction contractors ' weekly payroll reports for the project. Contractor agrees that funds will be expended in accordance with "Exhibit A - Project Timeline", and that all monies other than CDBG funds will be expended prior to the draw down of CDBG funding. Contractor will not commingle CDBG monies with any other funds in any manner which would prevent City from readily identifying project expenditures for operation of the program. Contractor covenants and agrees that during the term of this grant contract the building constructed with CDBG funds will be used solely as a facility to provide rehabilitative services for the pri- mary benefit of low- and moderate-income persons. Contractor agrees that if within five (5) years of completion of the facility the prop- erty is sold or converted to a use other than as a facility provid- ing rehabilitative services benefiting low- and moderate-income per- sons, Contractor will repay to the City CDBG Program the amount of the current fair market value of the property, less any portion of the value attributable to expenditures of non-CDBG funds for con- struction of, and improvements to, the property. Thereafter, Con- tractor's obligation to reimburse City's CDBG Program shall diminish at the rate of 20% per annum calculable in yearly increments as of the anniversary date of project completion, as per the following table: TABLE Completion Date Anniversary-Year 6 80% Fair Market Value (FMV) less non-CDBG expenditures Completion Date Anniversary-Year 7 60% FMV less non-CDBG expenditures Completion Date Anniversary-Year 8 40% FMV less non-CDBG expenditures Completion Date Anniversary-Year 9 20%FMV less non-CDBG expenditures Completion Date Anniversary-Year 10 0% 3 . Uniform Administrative Requirements and cost Principles A. Contractor will comply with Office of Management and Bud- get Circulars A-110 and A-122 . B. The allowability of costs incurred for performances ren- dered hereunder by Contractor shall be determined in accordance. with OMB Circular A-122 . City shall be liable to Contractor only for costs incurred or performances rendered for activities specified in 24 CFR, Sec. 576.21 (a) , (b) or (c) , any contrary provisions in this agreement notwithstanding. 2 C. Recipients, subrecipients, contractors and/or subcontrac- tors which are governmental entities shall comply with the require- ments and standards for OMB Circulars A-87, A-128 and with 24 CFR, Part 85. 4. Recordkeeping Contractor will cooperate fully with City in monitoring the work performed hereunder. In this regard Contractor agrees to keep records sufficient to document its compliance with all applicable laws, regulations and contract terms. All records shall be retained for five (5) years following the date of termination of this con- tract. Contractor may destroy Program records at the end of this five (5) year period if no outstanding audit finding exists. city, HUD and the United States Comptroller General, or their representa- tives, shall have access to any books, documents, records and papers relating to the operations of Contractor under this contract for the purpose of audit, examination, exception and transcription at all reasonable hours at all offices of Contractor. The City reserves the right to perform an audit of the funds received under this con- tract in order to ensure Contractor's compliance with applicable federal regulations. 5. Reports and Audits Contractor will submit to City, on the project completion Anniversary date of each year this grant contract is in effect, an annual report of the activities and services provided at the prop- erty, including but not limited to identification of building occu- pants, services provided by these occupants and numbers of persons served by occupants. During the time the construction work is in progress, Contrac- tor will submit to City on the 15th of each month for the preceding month, reports of activities undertaken by Contractor in performance of this contract and monthly statements of Contractor's expenditures and fees, where applicable, regardless of the source of such funds, which relate to the Program in any way. In accordance with OMB Circulars A-128 and A-133 , for all con- tracts in the amount of $25, 000 or more, Contractor must submit to City an annual audit in accordance with 24 CFR Sections 570.502-570.503 generally, with specific reference to OMB Circulars A-110 (with attachments) , A-122, A-128 and/or A-133 as appropriate. The audit may cover either Contractor's fiscal year during which this contract is in force or cover the period of this contract. The audit must be prepared by an independent certified public accoun- tant, be completed within twelve (12) months following the end of the period being audited and be submitted to the City within thirty (30) days of its completion. Contractor's audit schedule is at- tached hereto as "Exhibit B - Audit Schedule" . 3 City reserves the right to perform an audit of Contractor's program operations and finances at any time during the term of this contract, if City determines that such audit is necessary for City's compliance with OMB Circular A-128, and Contractor agrees to allow access to all pertinent materials as described above. If such audit reveals a questioned practice or expenditure, such questions must be resolved within fifteen (15) days after notice to Contractor of such questioned practice or expenditure. If questions are not resolved within this period, City reserves the right to withhold further funding under this contract. If as a result of any audit it is determined that Contractor has misused, misapplied or misappropriated all or any party of the grant funds described herein, Contractor agrees to reimburse the City the amount of such monies so misused, misapplied or misappro- priated, plus the amount of any sanction, penalty or other charge levied against City because of such misuse, misapplication or misap- propriation. 6. Reversion of Assets Contractor agrees to return to the City any unused CDBG funds remaining on hand at the end of the contract. 7. Applicable Laws A. Federal In performance of the construction work to be funded with CDBG funds hereunder, Contractor agrees to comply and, where applicable, will require its construction contractors to comply with the terms and conditions set out in this contract. Contractor agrees to comply with the following laws and the regulations issued thereunder as they are currently written or are hereafter amended during performance of this contract: Title VI of Civil Rights Act of 1964 (42 USC 2000d et seq) Title VIII of Civil Rights Act of 1968 (42 USC 3601 et seq) Executive orders 11063 , 11246, as amended by 11375 and as supplemented by Department of Labor regulations (41 CFR, Part 60) Age Discrimination Act of 1975 (42 USC 6101 et seq) Section 504 of the Rehabilitation Act of 1973 (29 USC 794) Immigration Reform and Control Act of 1986, specifically in- cluding the provisions requiring employer verifications of legal worker status of its employees Housing and Community Development Act of 1987 The Americans with Disabilities Act of 1990 (42 USC 12101) Contractor, in the operation of its program, will also comply with Office of Management and Budget Circular A-122 and attachments and revisions thereto, regarding principles for determining costs for CDBG-funded programs. 4 B. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701u As the work performed under this contract is on a project as- sisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Develop- ment Act of 1968, as amended, 12 USC 1701u, Contractor covenants to abide by the requirements of the said Section 3 . It requires as follows: (a) That, to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area, and (b) That, to the greatest extent feasible, contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. Contractor will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development, set forth in 24 CFR 135, and all ap- plicable rules and orders of the Department issued thereunder prior to the execution of this contract. Contractor certifies and agrees that it is under no contractual or other disability which would pre- vent it from complying with these requirements. Contractor agrees that it will send to each labor organization or representative of workers with which it has a collective bargain- ing agreement or other contract or understanding, if any, a notice advising the said labor organization or workers representatives of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and appli- cants for employment or training. Contractor agrees that it will include the said Section -3 clause in every subcontract for work in connection with the project and will, at the direction of City, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in vio- lation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135. Contractor agrees that it will not subcon- tract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided Contractor with a preliminary statement of ability to comply with the requirements of these regulations. City and Contractor understand and agree that compliance with the provisions of Section 3 , the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract shall be a condi- tion of the Federal financial assistance provided to the project, binding upon the City and the Contractor, and their respective suc- cessors, assignees and subcontractors. Failure to fulfill these 5 requirements shall subject Contractor and its subcontractors, its successors and assigns, to those sanctions specified by the Grant Agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR 135. C. Clean Air Act; Clean Water Act; Environmental Protection Agency Acts and Regulations This agreement is subject to the requirements of Section 306 of the Clean *Air Act, as amended (42 USC 1857 (h) et seq. ) , Section 508 of the Clean Water Act (33 USC 1368) , Water Pollution Control Act, as amended (33 USC 1251 et seq. ) and the regulations of the Environ- mental Protection Agency with respect thereto at 40 CFR, Part 15, as amended from time to time, and Executive Order 11738 (42 USC 7606 nt. ) . In compliance with said regulations, Contractor agrees and, with respect to any nonexempt transaction, shall require each sub- contractor to agree to the following requirements: (1) A stipulation that no facility to be utilized in the performance of nonexempt contract or subcontract work is included on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20; (2) Compliance with all the requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8) , and Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318) , relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308 and all reg- ulations and guidelines issued hereunder; (3) A stipulation that, as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities; (4) Agreement by Contractor that he will include or cause to be included the criteria and requirements in Paragraphs (a) through (d) of this section in every nonexempt subcon- tract, requiring that Contractor will take such action as City may direct as a means of enforcing such provisions. In no event shall any amount of the assistance provided under this agreement be utilized with respect to a facility which has giv- en rise to a conviction under the Clean Air Act or the Clean Water Act. 6 D. Other Laws Contractor covenants and agrees that its officers, members, agents, employees, program participants and subcontractors shall abide by and comply with all other laws, federal state and local, relevant to the performance of this contract, including all ordi- nances, rules and regulations of the City of Fort Worth and the Housing and Community Development Act of 1974, as amended, and all regulations pertaining thereto. Contractor further promises and agrees that it has read, and is familiar with, terms and conditions of the Community Development Block Grant under which funds are granted and that it will fully comply with same. It is agreed and understood that, if City calls the attention of Contractor to any such violations on the part of Contractor or any of its officers, members, agents, employees, program participants or subcontractors, then Contractor shall immediately desist from and correct such vio- lation. 8 . Prohibition Against Discrimination A. Generally Contractor, in the execution, performance or attempted perfor- mance of this contract and agreement, will not discriminate against any person or persons because of sex, race, religion, color or na- tional origin, nor will Contractor permit its officers, members, agents, employees, subcontractors or program participants to engage in such discrimination. B. Employment During the performance of this contract Contractor agrees, and will require all of its subcontractors to agree, as follows: (1) Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. such action shall include, but not be limited to, the follow- ing: employment, upgrading, demotion or transfer; recruit- ment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the pro- visions of this nondiscrimination clause. (2) Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 7 C. Age In accordance with the policy of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employ- ees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age or because of any handicap, except on the basis of a bona fide occu- pational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. D. Disability In accordance with the provisions of the Americans With Dis- abilities Act of 1990 ("ADA") , Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employ- ment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against city arising out of Contrac- tor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. E. City Ordinances This agreement is made and entered into with reference specifi- cally to the ordinances codified at Chapter 17, Article III, Divi- sion 3 ("Discrimination in Employment Practices") , of the City Code of the City of Fort Worth, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents, employees and subcontractors, have fully complied with all provisions of same and that no employee, applicant or program participant has been discrim- inated against by the terms of such ordinances by either the Con- tractor or its officers, members, agents, employees or subcontrac- tors. 9. Prohibition Against Interest No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which the 8 program is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the program funded hereunder during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language prohibiting such interest in all con- tracts and subcontracts hereunder. No officer, employee, member or program participant of Contrac- tor or its subcontractors shall have a financial interest, direct or indirect, in this contract or the monies transferred hereunder or be financially interested, directly or indirectly, in the sale to Con- tractor of any land, materials, supplies or services purchased with any funds transferred hereunder, except on behalf of Contractor, as an officer, employee, member or program participant. Any willful violation of this paragraph with the knowledge, expressed or im- plied, of Contractor or its subcontractors shall render this con- tract voidable by the City of Fort Worth. 10. Non-Assignment Contractor will not assign any or all of its rights or respon- sibilities under this contract without the prior written approval of City. Any purported assignment without such approval will be a breach of this contract and void in all respects. 11. Independent Contractor Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. Contrac- tor shall have exclusive control of, and the exclusive right to con- trol, the details of ,the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants , em- ployees, subcontractors, program participants, licensees or invi- tees. The doctrine of respondeat superior shall not apply as be- tween City and Contractor, its officers, members, agents, servants, employees, subcontractors, program participants, licensees or invi- tees, and nothing herein shall be construed as creating a partner- ship or joint enterprise between City and Contractor. It is ex- pressly understood and agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of the Contractor, nor any program participant hereunder, is in the paid service of city and that City does not have the legal right to control the details of the tasks performed hereunder by Contractor, its officers, mem- bers, agents, employees, subcontractors, program participants, lic- ensees or invitees. City shall in no way nor under any circumstances be responsible for any property belonging to Contractor, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way dam- aged. 9 12. Indemnity; Letter of Credit Contractor covenants and agrees to indemnify, hold harmless and defend City and its officers, agents, representatives and employees from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all per- sons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the performance of this con- tract, and Contractor hereby assumes all liability for such claims or suits but only to the extent such damage is caused by negligent acts or omissions of the Contractor, its employees, subcontractors or agents. Contractor will provide as security for this agreement an irrevocable letter of credit or surety document payable in favor of the City in the amount of $513,000 under the terms of which City may recover funds paid under this grant, up to the full amount of the grant, to insure against non-completion of the project or other default by Contractor, or loss from the fraud, theft or dishonesty of any of Contractor's officers, agents, trustees, directors or employees. The proceeds shall be used as necessary to complete the project, remedy any default on Contractor's part, and/or to reimburse City for any and all loss of CDBG* monies occasioned by such eventualities. Such letter of credit or other surety documents shall be drawn on or guaranteed by a state or federally chartered lending institution located in Tarrant County, Texas, and shall be subject to the approval of the -City Attorney. 13 . Waiver of Immunity If Contractor, as a charitable or nonprofit organization, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death, to persons or property, Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This para- graph shall not be construed to affect a governmental entity's immu- nities under constitutional, statutory or common law. 14. Public Liability Insurance Contractor shall furnish a certificate of insurance as proof that it has secured and paid for policies of public liability and automobile liability insurance covering all risks incident to or in connection with the execution, performance, attempted performance or non-performance of this contract and agreement. The amounts of such insurance shall not be less than the maxi- mum liability which can be imposed on City under the laws of the State of Texas. At present, such amounts shall be as follows: Property damage, per occurrence $100,000 Bodily injury or death, per person $250,000 Bodily injury or death, per occurrence $500,000 with the understanding and agreement by Contractor that such insur- ance amounts shall be revised upward at city's option and that Con- tractor shall revise such amounts within thirty (30) days following notice to Contractor of such requirements. Contractor also covenants and agrees to furnish the City of Fort Worth with a certificate of insurance as proof that it has ob- tained and paid for a policy of Workers' Compensation Insurance in the amounts required by State law, covering any and all employees of Contractor active in the program funded under this contract; and Contractor agrees to require its subcontractors to carry adequate Workers' Compensation Insurance in the amounts required by State law. Contractor will submit to City documentation that it has ob- tained insurance coverage and has executed bonds as required in this contract within thirty (30) days of the execution of this contract. Contractor will require all construction contractors and sub- contractors to maintain a policy of public liability insurance in the amount of $500, 000 combined single limit, and Workers' Compensa- tion insurance in the amounts provided by State law. 15. Termination Either party may terminate this contract in event of the other party's default, inability or failure to perform or to comply with any of the terms herein, or for other good cause. Termination will be effected by written notice to Contractor, specifying the portions of the contract affected and the effective date of termination. Upon Contractor's receipt of such termination notice, Contractor will: (a) Stop work under the contract on the date and to the extent specified by the City; (b) Cease expenditures of CDBG monies, except as necessary for completion of the portions of the contract not terminated; and (c) Terminate all orders and contracts to the extent that they relate to terminated portions of the contract. Contractor will return to City any unused monies previously distributed under this contract within thirty (30) days of the ef- fective date of contract termination. City will have no responsi- bility or liability for Contractor's expenditures or actions occur- ring after the effective date of the contract termination. The parties acknowledge that CDBG funds paid hereunder are in- tended to provide only partial funding for Contractor's program op- erations. If non-CDBG funds included in the Operating Budget are not forthcoming to Contractor during the contract term, City may terminate this contract. 11 CDBG funds provided hereunder may not be used as collateral for loans to Contractor to defray program operation expenses, and any attempted use of CDBG funds for this purpose will result in termina- tion of this contract by City. 16. certification Regarding Lobbying The undersigned representative of Contractor hereby certifies, to the best of his or her knowledge and belief, that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or em- ployee of any agency, a member of Congress, an officer or employee of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any coop- erative agreement and the extension, continuation, re- newal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in con- nection with this federal contract, grant, loan or cooper- ative agreement, Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, in accordance with its instructions. (c) The Contractor shall require that the language of this certification be included in all subcontracts or agree- ments involving the expenditure of federal funds. 17 . Miscellaneous Provisions It is expressly understood and agreed by and between the par- ties hereto that this agreement is wholly conditioned upon the ac- tual receipt by City of federal Special Project Grant funds; that all monies distributed to Contractor hereunder shall be exclusively from federal monies received under said grant and not from any mon- ies of City; and that if such funds under said grant are not timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this contract and agreement and City shall not be liable for payment for any work or services performed by Contractor under or in connection with this contract. All terms of this contract shall apply to any and all subcon- tractors of Contractor which are in any way paid with CDBG funds or who perform any work in connection with Contractor's program. 12 The provisions of this agreement are severable, and, if for any reason a clause, sentence, paragraph or other part of this agreement shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. The failure of the city to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the City's right to assert or rely upon any such term or right on any future occasion. Should any action, whether real or asserted, at law or in eq- uity, arise out of the execution, performance, attempted performance or non-performance of this contract and agreement, venue for said action shall lie in Tarrant County, Texas. This written instrument and the exhibits attached hereto, which are incorporated by reference and made a part of this contract for all purposes, constitute the entire agreement between the parties hereto concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. Any amend- ments to the terms of this contract must be in writing and must be approved by each party to this contract. 13 IN WITNESS WHEREOF, the parties hereto have executed four cop- ies, of this contract in Fort Worth, Tarrant County, Texas, this day of ��t -2�, .-�.� , A.D. 1ga-)-. ATTEST: CITY OF FORT WORTH i By City Sec tary ibby W son Assistant City Manager APPROVED AS TO FORM AND LEGALITY: �q � Contract Authorization Al" ity ttorney te Date: 10.4 ATTEST: PRESBYTERIAN NIGHT SHELTER By: Secretary 14 STATE OF TEXAS S COUNTY OF TARRANT S BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Libby Wat- son, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that-she executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein sta`5001N day of R MY HAND AND SEAL OFFICE this A.D. 1�� V.RMW NotW PubHe S JU State of Texas STATE OF TEXAS Notary Public in and for the My Comm,Exp.W 21�1994 STATE OF TEXAS S COUNTY OF TARRANT S BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Robert W. Bohl, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the Presbyterian Night Shelter and that he executed the same as the act of said Presbyterian Night Shelter for the purposes and consideration therein expressed and in the capacity therein stated as its duly authorized officer or representative. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A.D. 19qp,. L41 Notary Au)3lic in and for the BEVERLY F. rOYMER State of Texas NOTARY PU:EB3LIC ce'Texas ( 6 03-16-94 15 EXHIBIT "A" PRESBYTERIAN NIGHT SHELTER PROJECT 513 - BILLY GREGORY ADULT RECOVERY CENTER Timeline For CDBG-funded Construction OCTOBER 1992 Roof completion, interior walls/sheet rock NOVEMBER 1992 Electrical installation, windows/glazing installation DECEMBER 1992 Continued construction JANUARY 1993 Building finish-out, carpet/VT installation FEBRUARY 1993 Furnishings installed, Building exterior clean-up/landscape MARCH 1993 GRAND OPENING 16 EXHIBIT "B" PRESBYTERIAN NIGHT SHELTER PROJECT 513 - BILLY GREGORY ADULT RECOVERY CENTER Annual Independent Audit Schedule DATE ACTIVITY November 1992 Notification of Audit Firm March 1993 Start of Annual Independent Audit program May 1993 Receive Completed Annual Independent Audit Report June 1993 Distribute Annual Independent Audit Report 17 City of Fort Worth, Eexas Mayor an cCoune � C mnm=c i canon DATE REFERENCE SU cr SPECIAL PROD TS GRANT PAGE NUMBER ALLOCATION APPLICATION IN THE AMOUNT OF 1 o 3 $-513 000 ON BEHAIF OF THE PRESBYTERIAN 3-19-91 **C-12773 i NIGHT SHELTER OF TARRANT COUNTY, INC. RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Submit a Special Projects Grant ,Application, in the amount of $513,000, to the U. S. Department of Housing and Urban Development; 2. Accept the funds and any additional funds that may become available and execute a contract with the U. S. Department of Housing and Urban Development; 3. Execute a contract with the Presbyterian Night Shelter of Tarrant County, Inc. , for the use of the $513,000 as a portion of the total construction cost of a specialized day and residential facility for indigent/homeless persons who suffer from mental illness and/or substance abuse; and 4. Authorize the Accounting Division of the Finance Department, subject to funding approval and the City Manager's acceptance of the grant, to establish the grant project account in the City of Fort Worth's financial accounting system upon receipt of an executed contract. DISCUSSION: On May 25, 1990, President Bush signed the Fiscal Year 1990 Emergency Supplemental Appropriations Act - H.R. 4404 which made statutory a Special Projects Grant allocation to the City of Fort Worth for the Presbyterian Night Shelter in the amount of $513,000. The language within the appropriations bill states that the funds must be used for "facilities which house homeless families and/or services to assist persons with substance abuse problems." The $513,000 has been designated as seed funds for the construction of a facility to house programs, services and activities which meet the language within the appropriations bill . The U.S. Department of Housing and Urban Development will review the proposal for the use of the funds and award the grant. In the fall of 1990, City staff began working with the Presbyterian Night Shelter in the development of a proposal which would utilize the funds for the purposes stated in the appropriations bill . A committee, composed of City staff from several' departments and representatives of the Texas Department of Mental Health and Mental Retardation and Fort Worth Challenge, was formed to act as a technical review team for the proposal submitted by the Presbyterian Night Shelter. On February 15, the Presbyterian Night Shelter submitted a proposed use for the funds. The project will consist of the following: 1. The $513,000 will partially fund the construction of a 33,000•square foot specialized day and residential facility for indigent/homeless persons DATE REFERENCE SUBJECT:SPECIAL PROJECTS GRANT ALLOCATION PAGE NUMBER APPLICATION IN THE AMOUNT OF $513,000 3 3 3-19-91 **C-12773 ON BEHALF OF THE PRESBYTERIAN NIGHT or SHELTER OF TARRANT COUNTY, INC. FINANCING: The City of Fort Worth will accept-the funds, in the 'amount of $513,000, from the U.S. Department of Housing and Urban Development and subcontract such funds to the Presbyterian Night Shelter of Tarrant County. No matching funds are required on the part of the City to receive the funds from HUD or to subcontract with the Presbyterian Night Shelter. All additional funds, above the $513,000 needed for the construction of the "specialized day and residential facility, " will be provided by the Presbyterian Night Shelter of Tarrant County. LW:c 05presby SUBMITTED FOR THE CITY MANAGER'S 0 DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: Libby Watson 614 ❑ APPROVED ORIGINATING ❑ OTHER (DESCRIBE) DEPARTMENT HEAD: Sandra Gonzales 7537 CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT: Sandra Gonzales 7537 DATE