HomeMy WebLinkAboutContract 27703 CITY SECRETARY
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CONTRACT NO.
STATE OF TEXAS § 05-26-C "` S r
COUNTY OF TARRANT §
THIS contract is made and entered into by and between the City of Fort Worth ("City"),
acting by and through Reid Rector, its duly authorized Assistant City Manager, and Southeast
Fort Worth, Inc. ("Contractor"), by and through Glenn Forbes, its duly authorized Chief
Executive Officer. Contractor's business address is 1150 South Freeway, Suite 148, Fort Worth,
Texas, 76104.
WHEREAS, the City of Fort Worth ("City") has received a grant from the United States
Department of Housing and Urban Development ("HUD") through the Community Development
Block Grant ("CDBG") for Year XXVII; and
WHEREAS, the primary purpose of the CDBG Program is to benefit low and moderate
income citizens of Fort Worth; and
WHEREAS, the citizens and the City Council of Fort Worth have determined that the
development of commercial corridor strategies to revitalize the near east side corridor and
neighborhood for the City of Fort Worth is required;
NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH:
That, the parties covenant and agree as follows:
I. Scope of Services
Contractor will perform the following professional consultant services to assist the City
with the evaluation and implementation of strategies to revitalize the near east side corridor and
neighborhood of Fort Worth in accordance with "Exhibit A - Project Summary", with the
contract performance period to begin upon execution of the contract and end December 31, 2002.
The contract may be extended for an additional two (2) months. Contractor shall request the
extension in writing and submit the request to the City thirty days prior to the end of the contract.
The City may, at its own discretion, approve the extension of the contract for the additional two
(2) month period.
Contractor will act in accordance with the program timeline established in "Exhibit B-
Timeline".
II. Funding and Reports
The City will provide Contractor with CDBG funds not to exceed TEN THOUSAND
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DOLLARS and No/100 ($10,000.00). Such monies will be disbursed to Contractor in
accordance with "Exhibit B" following receipt of Contractor's invoice for payment. A monthly
expenditure report detailing use of the CDBG funds will be submitted by Contractor to support
the CDBG funds disbursed. Contractor agrees to utilize all disbursed CDBG funds for the
benefit of the Program.
Contractor agrees to comply with the following Uniform Administrative Requirements
and Cost Principles
A. Contractor shall comply with Office of Management and Budget Circulars A-110,
A-133 and A-122, as applicable.
B. The allowability of costs incurred for performances rendered 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.
C. Recipients, subrecipients, contractors and/or subcontractors which are
governmental entities shall comply with the requirements and standards of OMB
Circulars A-87, A-128 and with 24 CFR, Part 85.
4. Recordkeepin2
Contractor will cooperate fully with City in monitoring the Program. In this regard
Contractor agrees to keep records sufficient to document its compliance with all applicable laws,
regulations and contract terms. In addition, Contractor agrees to keep records to fully document
all expenditures charged to the CDBG Program. The documentation must support the amounts
charged to the Program and demonstrate that the expenditures were appropriate to the stated
goals of the Program and allowable under applicable Federal, State and City guidelines. All
records pertaining to this shall be retained for five (5) years following the date of termination of
this contract. 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
representatives, 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.
All mileage logs and time sheets in support of CDBG charged activities shall be
maintained by Contractor for five (5) years following termination of this contract.
5. Reports and Audits
Contractor will submit to City monthly reports of activities undertaken by Contractor in
performance of this contract and monthly statements of Contractor's CDBG expenditures.
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Such reports and statements will be signed by a duly authorized agent of Contractor and
will be submitted by the 15th of the month following the month which is reported. The City is
under no obligation to disburse funds for activities or expenditures which occurred more that
thirty(30) days prior to the first day of the month for which the report is submitted.
All non-federal entities that expend $300,000 or more in federal funds within one year,
regardless of the source of the Federal award, must submit to the City an annual audit prepared in
accordance with CFR part 84 generally, with specific reference to OMB Circulars A-128 and 133
as appropriate. The audit must be prepared by an independent certified public accountant, be
completed within twelve (12) months following the end of the period being audited and be
submitted to City within thirty(30) days of its completion. Costs of preparation of the audit may
be an allowable expenditure of federal funds in an amount proportional to that of the federal
funds used in Contractor's total agency operating budget. Non-federal entities that expend less
than $300,000 a year in federal funds are exempt from Federal audit requirements for that year,
but records must be available for review or audit by appropriate officials of the Federal agency,
pass-through entity (City), and General Accounting Office (GAO). (Exhibit C-Independent
Audit Requirement).
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 in section headed records and reports 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 and/or future
contract(s).
If as a result of any audit it is determined that Contractor has misused, misapplied or
misappropriated all or any part of the grant funds described herein, Contractor agrees to
immediately reimburse the City the amount of such monies so misused, misapplied or
misappropriated, plus the amount of any sanctions, penalty or other charge levied against City
because of such misuse,misapplication or misappropriation.
6. Reversion of Assets
Contractor agrees to return to the City any CDBG funds remaining on hand at the end of
the Contract.
All property purchased with CDBG funds under this contract will be used solely for
operation of the Program. Contractor agrees to obtain City approval prior to purchase of
property. Contractor agrees to notify City upon receipt of property so that it may be properly
tagged and inventoried. Title to such property will be vested with the City, and, at the
termination of the Program for which CDBG funds have been received, Contractor will deliver
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all such property to City for disposition at City's sole discretion.
7. Compliance with All Applicable Laws and Regulations
Federal
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)
Section 504 of the Rehabilitation Act of 1973 (29 USC 794)
The Age Discrimination Act of 1975 (42 USC 6101 et seq)
National Environmental Policy Act of 1969 (NEPA) and the related authorities
listed HUD's implementing regulations (24 CFR Part 58)
Immigration Reform and Control Act of 1986 (Pub. L. 99-603, 100 Stat .3359, as
amended) specifically including the provisions requiring employer verifications of
legal worker status of its employees
Housing and Community Development Act of 1987 (Pub. L. 100-242, 101 Stat.
1815, as amended)
The Americans with Disabilities Act of 1990 (42 USC 12101 et seq)
National Affordable Housing Act of 1990
The Drug Free Workplace Act of 1988 (24 CFR part 23, subpart F)
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC
1701
As the work performed under this contract is on a project assisted under a program
providing direct federal financial assistance from the HUD and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701,
Contractor covenants to abide by the requirements of the said Section 3. It requires as follows:
1. That, to the greatest extent feasible, opportunities for training and
employment be given to lower income residents of the project area, and
2. 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
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issued pursuant thereto by the Secretary of Housing and Urban Development, set forth in
24 CFR 135, and all applicable 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 impediment, which would prevent it from complying with the
requirements.
Contractor agrees that it will send to each labor organization or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, if any, a notice advising 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 applicants 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 violation of
regulations issued by the Secretary of Housing and Urban Development, CFR135.
Contractor agrees that it will not subcontract 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
condition of the Federal financial assistance provided to the project, binding upon City
and Contractor, and their respective successors, assignees and subcontractors. Failure to
fulfill these requirements shall subject Contractor and its subcontractors, its successors
and assignees, to those sanctions specified by the Grant Agreement through which federal
assistance is provided and to such sanctions as are specified by 24 CFR.
Clean Air Act; Clean Water Act; Environmental Protection Agency (EPA) Acts
and Regulations
This contract 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 EPA 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 a nonexempt transaction, shall require
each subcontractor to agree to the following requirements:
1. A stipulation that no facility to be utilized in the performance of
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nonexempt contract or subcontract work is included on the List of Violating Facilities
issued by the (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 regulations 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 it will include or cause to be included the
criteria and requirements of this section in every nonexempt subcontract, 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 contract be
utilized with respect to a facility which has given rise to a conviction under the Clean Air
Act or the Clean Water Act.
8. 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 ordinances, rules and regulations
of the City of Fort Worth and the Regulations. Contractor further promises and agrees that it has
read, and is familiar with, terms and conditions of the Regulations 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 violation.
9. Prohibition Against Discrimination
Contractor, in the execution, performance or attempted performance of this contract and
agreement, will not discriminate against any person because of sex, race, religion, color or
national origin, nor will Contractor permit its officers, members, agents, employees,
subcontractors or program participants to engage in such discrimination.
During the performance of this contract Contractor agrees, and will require all its
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subcontractors to agree, as follows:
Contractor will not unlawfully 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 fairly during employment without regard to their race,
color, religion, sex or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer,
recruitment 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 provisions of this
nondiscrimination clause.
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.
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 employees 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 occupational 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.
In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), Contractor warrants that it and any 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 employment 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 Contractor's and/or its
subcontractors' alleged failure to comply with the above-referenced laws concerning disability
discrimination in the performance of this agreement.
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This agreement is made and entered into with reference specifically to the ordinances
codified at Chapter 17, Article III, Division 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
discriminated against under the terms of such ordinances by either the Contractor or its officers,
members, agents, employees or subcontractors.
10. 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 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 (1) 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 contracts and subcontracts hereunder.
No officer, employee, member or program participant of Contractor 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 Contractor 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 implied, of Contractor or its subcontractors shall
render this contract void able by the City of Fort Worth.
No officer, employee, agent, consultant, elected official or appointed official of the
participating jurisdiction, Contractor or its subcontractors who exercised any functions or
responsibilities with respect to activities assisted with CDBG funds or who are in a position to
participate in a decision making process or gain inside information with regard to these activities,
may obtain a financial interest or benefit from a CDBG assisted activity, or have an interest in
any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either
for themselves or those with whom they have family or business ties, during their tenure or for
one(1) year thereafter.
11. Non-Assignment
Contractor shall not assign all or any part of its rights, privileges, or duties under this
contract without the prior written approval of City. Any attempted assignment of same without
approval shall be void, and shall constitute a breach of this contract. It is agreed that the City has
the right to inspect and approve in writing any proposed subcontracts between Contractor and
any subcontractor engaged in any activity in conjunction with this CDBG funded project prior to
any charges being incurred.
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12. Independent Contractor
Contractor shall operate hereunder as an independent contractor and not as an officer,
agent, servant or employee of the City. Contractor shall have exclusive control of, and the
exclusive right to control 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, employees, subcontractors, program participants, licensees
or invitees. The doctrine of respondeat superior shall not apply as between City and Contractor,
its officers, members, agents, servants, employees, subcontractors, program participants,
licensees or invitees, and nothing herein shall be construed as creating a partnership or joint
enterprise between City and Contractor. It is expressly 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, members, agents,
employees, subcontractors, program participants, licensees 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 damaged;
and Contractor hereby indemnifies and holds harmless City and its officers, agents, and
employees from and against any and all claims or suits.
13. Indemnity
Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
expense, City and its officers, agents, servants 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
persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection
with the execution, performance, attempted performance or nonperformance of this contract and
agreement and/or the operations, activities and services of the Program described herein,
whether or not caused, in whole or in part, by alleged negligence of officers, agents,
servants, employees, contractors or subcontractors of City; and Contractor hereby assumes
all liability and responsibility of City and its officers, agents, servants, and employees for any and
all claims or suits for property loss or damage and/or personal injury, including death, to any and
all persons, of whatsoever kind or character, whether real or asserted, arising out of or in
connection with the execution, performance, attempted performance or nonperformance of this
contract and agreement and/or the operations, activities and services of the programs described
herein, whether or not caused in whole or in part, by alleged negligence of officers, agents,
servants, employees, contractors or subcontractors of City. Contractor likewise covenants
and agrees to and does hereby indemnify and hold City harmless from and against any and all
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injury, damage or destruction of property of City, arising out of or in connection with all acts or
omissions of Contractor, its officers, members, agents, employees, subcontractors, invitees,
licensees, or program participants, or caused, in whole or in part, by alleged negligence of
officers, agents, servants, employees, contractors or subcontractors of City.
Contractor will maintain a blanket fidelity coverage in the form of insurance or bond in
the amount of Ten Thousand Dollars ($10,000), to insure against loss from the fraud, theft or
dishonesty of any of Contractor's officers, agents, trustees, directors or employees. The proceeds
of such bond shall be used to reimburse City for any and all loss of CDBG monies occasioned by
such misconduct. To effectuate such reimbursement, such bond shall include a rider stating that
reimbursement for any loss or losses thereunder shall be made directly to City for the uses and
benefit of Contractor.
14. 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 section shall not be construed to affect a
governmental entity's immunities under constitutional, statutory or common law.
15. Insurance Requirements
Business Automobile Liability Insurance
$1,000,000 each accident on a combined single-limit basis, or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
$2,000,000 Aggregate
Insurance policy shall be endorsed to cover"Any Auto"
Pending availability of the following coverage, and at the discretion of the Contractor, the
policy shall be the primary responding insurance policy versus a personal auto insurance
policy if or when in the course of Contractor's business as contracted herein.
Professional Liability Insurance
$300,000 each claim
This insurance coverage shall remain in effect a minimum of six (6) months post
completion of work under this contract.
Workers' Compensation Insurance
Part A: Statutory Limits
Part B: Employer's Liability
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$100,000 each accident
$100,000 disease-each employee
$500,000 disease-policy limit
Note: Such insurance shall cover employees performing work on any and all
projects including but not limited to construction, demolition, rehabilitation.
Coverages shall be maintained by Contractor or its subcontractors. In the event
the respective subcontractors do not maintain coverage, the Contractor shall
maintain the coverage on such subcontractor for each applicable subcontract.
Additional Requirements
Such insurance amounts shall be revised upward at City's option and that Contractor shall
revise such amounts within (30) following notice to Contractor of such requirements.
Contractor will submit to City document that it has obtained insurance coverage and has
executed bonds as required in this contract and prior to payment of any monies provided
hereunder.
Each insurance policy shall be endorsed to provide City with a minimum sixty (60) days
notice of cancellation, non-renewal, and/or material change in policy terms or coverage.
Insurance policies required herein shall be endorsed to include the City of Fort Worth as
an additional insured as its interest may appear. Additional insured parties shall include
employees, officers, agents, and volunteers of the City of Fort Worth.
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 the City of Fort Worth.
Any failure on part of the City to request certificate(s) of insurance shall not be construed
as a waiver of such requirement nor as a waiver of the insurance requirements themselves.
Insurers of Contractor'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 the 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 the
City of Fort Worth.
Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless
otherwise approved by the City of Fort Worth.
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In the event there are local, federal or other regulatory insurance or bonding requirements
for the housing program addressed in this contract, should such requirements exceed those
specified herein, the former shall prevail.
16. Termination
This contract may be terminated by the City in the event of default, inability, or failure to
perform on the part of Contractor, or whenever such termination is determined by the City to be
in the City's best interest. Likewise, the contract may be terminated by Contractor if the City
does not provide funds pursuant to this agreement. The contract may be terminated for mutual
convenience upon agreement of the parties.
City shall notify the Contractor in writing of any breach of this contract, and specify a
reasonable time within which to cure the particular breach. After being notified of such breach,
and if the breach is deemed to be material, Contractor shall have a reasonable time to cure the
breach. If the Contractor fails to cure the breach within a reasonable time, not to exceed (60)
days,this contract shall automatically terminate.
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 effective date of contract termination. City will have no
responsibility or liability for Contractor's expenditures or actions occurring after the effective
date of the contract termination.
17. Certification Retarding 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
employee 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 cooperative agreement and the
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extension, continuation, renewal, amendment, or modification of any federal contract,
grant, loan or cooperative agreement.
(b) If any funds other than federally 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, member of Congress in connection with this federal contract, grant, loan or
cooperative 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 agreements involving the expenditure of federal funds.
18. Miscellaneous Provisions
a. All terms of this contract shall apply to any and all subcontractors of Contractor who are in
any way paid with CDBG funds or who perform any work in connection with Contractor's
program.
b. 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.
c. 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 City's right to assert or rely upon any such term or right on any
future occasion.
d. Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or nonperformance of this contract and agreement,
venue for said action shall lie in Tarrant County, Texas.
e. 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 amendments to the terms of this contract must be in writing
and must be approved by each party to this contract.
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IN WITNESS WHEREOF, the parties hxreto have executed four copies of this contract in
Fort Worth, Tarrant County, Texas, this o(V, day of , 2002,,r
ATTEST: CITY OF FORT WORTH
+ By:
City ecretary Reid Rector
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
Ass . Attorneys
y
& N
60
d oed SOUTHEAST FORT WORTH, INC.
Contract Authorization
rL ���
Date B Y'
Glenn Forbes
Chief Executive Officer
Page 14
f
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Reid Rector, 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 he executed the same as the act of said City of Fort Worth for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 2002.
ROSELLA BARNES
NOTARY PUBLIC
hState of Texas
Comm.Exp,03-31-2005 Notary Public in and for the State of Texas
ti....««
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Glenn Forbes, 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
Southeast Fort Worth, Inc. and that he executed the same as the act of said Southeast Fort Worth,
Inc. for the purposes and consideration therein expressed and in the capacity therein stated as its
duly authorized officer or representative.
GIVEIJ VNDER MY HAND AND SEAL OF OFFICE this e1 aL day of
2002.
qtr WILLIAM ROLLINS JR.
Notary Pubik di
STATE OF TEXAS Notary Public in and for the of Texas
OF My Comm. Exp.06/03/2004
Page 15
EXHIBIT A
PROGRAM SUMMARY
PROGRAM TITLE
SOUTHEAST FORT WORTH, INC. COMMERCIAL CORRIDOR STUDY
CDBG YEAR
Provide consulting services and Strategy Report to CFW $10,000.00
TOTAL
$10,000.00
DESCRIPTION:
Southeast Fort Worth, Inc. will develop commercial corridor and neighborhood strategies in the
the City, with emphasis on the revitalization of the near east side corridor
The contract period begins on the date of execution and ends December 31, 2002.
PROGRAM OBJECTIVES:
To develop commercial corridor and neighborhood strategies in the near east side corridor of Fort Worth.
PROGRAM MEASURES:
During the contract period, Contractor shall submit evidence of the following:
1 Establish NESNO as a nonprofit organization i.e. 501(c)(3)
2 Establish local shelter personnel into a COPS Program
3 Establish a neighborhood clean up program with County Probation Department
4 Enroll property owners in the NESNO
5 Apply for historic designation for identified structures
6 Begin selected Fagade Improvement Program
7 Begin streetscape improvements
8 Establish a park and street landscaping
9 Establish an outside restroom facility and drinking fountain
10 Apply for zoning changes in support of neighborhood
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Exhibit G
INDEPENDENT AUDIT REQUIREMENT
BUSINESS /AGENCY NAME:
PROGRAM:
AMOUNT FUNDED:
Name of Independent Auditor who will perform the agency audit:
Date audit is to be performed:
The following language is a condition of your contract with the City:
"All non-federal entities that expend $300,000 or more in federal funds
within one year, regardless of the source of the Federal award, must submit
to City an annual audit prepared in accordance with CFR part 84 generally,
with specific reference to OMB Circulars A-128 and A-133 as appropriate.
The audit must be prepared by an independent certified public accountant, be
completed within twelve (12) months following the end of the period being
audited and be submitted to City within thirty (30) days of its completion.
Costs of preparation of the audit may be an allowable expenditure of federal
funds in an amount proportional to that of the federal funds used in
Contractor's total agency operating budget. Non-federal entities that expend
less than $300,000 a year in federal funds are exempt from Federal audit
requirements for that year, but records must be available for review or audit
by appropriate officials of the Federal Agency, pass-through entity (City),
and General Accounting Office (GAO)."
Signature Date