The URL can be used to link to this page

Home My WebLink About043692-A1 - General - Contract - The Ladder AllianceCITY sECRETMtYtj � CONTRACT N0..I �, 7 FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 43692 WHEREAS the City of Fort Worth ("City") and The Ladder Alliance ("Agency"), made and entered into City Secretary Contract No. 43692("Contract"); WHEREAS, the Contract provides funding to Agency pursuant to a grant received by City from the United States Department of Housing and Urban Development ("HUD") 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 Attachment III- Client Data Report and Exhibit F- 2012 HUD Income Limits of the Contract with the new 2013 income limits; WHEREAS, in addition, City desires to modify the Insurance and Bonding requirements in the Contract; and WHEREAS, 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: I. a. Section 17 Insurance and Bonding of the Contract is hereby deleted and replaced with the following language to be effective October 1, 2012: 17. Insurance and Bondinu. Agency will maintain coverage in the form of insurance or bond in the amount of $75,000.00 to insure against loss from the fraud, theft or dishonesty of any of Agency's officers, agents, trustees, directors or employees. The proceeds of such insurance or bond shall be used to reimburse City for any and all loss of CDBG 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. 43692 The Ladder Alliance(CDBG) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ECEIVED MAR 18 2013 Such insurance shall cover all insurable risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this Contract. Agency shall maintain or require its general contractor to maintain, the following coverage and limits thereof: Commercial General Liability (CGL) Insurance $500,000 each occurrence $1,000,000 aggregate limit Non -Profit Organization Liability or Directors & Officers Liability $1,000,000 Each Occurrence $1,000,000 Annual Aggregate Limit 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", defined as autos owned, hired, and non -owned Pending availabihty of the above coverage and at the discretion of City, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of Agency's business as contracted herein. Workers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $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, 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 Reauirements Such insurance amounts shall be revised upward at City's reasonable option and no more frequently than once every 12 months, and Agency shall revise such amounts within 30 days following notice to Contractor of such requirements. First Amendment to CSC No. 43692 The Ladder Alliance(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 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 $5,000 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 certificate(s) of insurance documenting such coverage. Also, Agency shall require its contractors to have City and Agency endorsed as additional insureds (as their interest may appear) on their respective insurance policies. Directors and Officers Liability coverage shall be in force and may be provided on a claims made basis. This coverage may also be referred to as Management Liability, and shall protect the insured against claims arising out of alleged errors in judgment, breaches of duty and wrongful acts arising out of their organizational 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 Attachment III Client Data Report to be effective February 1, 2013. First Amendment to CSC No. 43692 The Ladder Alliance(CDBG) c. Exhibit F - 2012 HUD Income Limits attached to the Contract is replaced with the attached Exhibit F - 2013 HUD Income Limits to be effective February 1, 2013. II. All other terms and conditions of the Contract not amended herein remain unaffected and in full force and effect, are binding on the Parties and are hereby ratified by the Parties. [SIGNATURES APPEAR ON FOLLOWING PAGE] First Amendment to CSC No. 43692 The Ladder Alliance(CDBG) ACCEPTED AND AGREED: THE LADDER ALLIANCE By: ori Sharon Cox Executive Director ATTEST: silty SecEe M&C C- 57611 ,tc>o-�-�.uti4Ly4 r Or Sit (4,. in tocoo000„ A x,, Pi nr worort 0. 0" 040 ate 0 ''go se a pi �; 0 APPROVED AS TO FORM AND LEGALITY: estap• * tic)op000asil . Assistant City Attorney Date: 8/7/20 , CITY OF FORT WORTH By: �14‘4--. Fernando Costa, Assistant City Manager First Amendment to CSC No. 43692 The Ladder Alliance(CDBG) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX OOS'69S<S O09'S9S<L °OL'L94s9 006'93SoS 0S9'tSt* so A OOP'L45R OSIz45k 006`9e5<L (auo -WPUO NOlid IWW%O9<I (suunp0t q4$o . osoap APO( MMOROI NH SOA (OUO3N0o1P00 Palgssl0 %NMM Pus *NUM 'NUM mummy pup uprp pus soap uOWv unlsgy /o Loop /oualp04 =POW (auo 0113 *NM npuslal IMONOWV. o9Psd uOoNNV, 1144)10 !O pie nUSMUH *NUN u N OIu000H -u0N (olio alalpu0 Aptut i3 01aW alto (ao0WPIPoll s0S 6 Mal •A16IUM0R0a'P.Paawa si 10a1WOo all soon mob one, WI own Lou oO. now WJOKoWWM% _ IPe uooaod IooO PAC) P0000wd. "mu*, PaPallonpun 3Alstlf1YVIMJ IHLNOW iN3NMi1Nso1 s9O down MOM "N0 'Oaa 'APIR4W'X% s,Wgla O016u pss60s Poo OPOPloadds4Pso u( aLUV Py 'awn WO ppm aq o; paw Apo km as4WowaldppW 40)0004$aAMA; of sanupuOO WOW> 0 H U0113'00jun OA10001 Ao4NIWi I900W 0s11out Pupflp'0u41 auo s$;p P01 APO ;Weald 'All%Puma o wipe mot sap sPa3n6 ot'ssue posiodw AIsnolna/d Mon Pop600 PPo4s SWg3 :SUOfl3fU;SU( p eogdnpun *on imp Mao 4x0 JO/ uopquoum,OP M0I01600 40.431 osPt UM no'Wlalp p.lrodewn APnroNosd 'Mau Sul Pin meld hpuow 4as3 'loot 'as lulutoldoS ul nor it togop01 vat POSWoa 0416WNnp Pin 'W01p WN09dnPu0 9s IN oN wnw sl yodas s14L 111Od3U VIVO 1N3fLO IN iN3WHOPLP O]SIA321 :4N0W wweold :Aouo6V e4 L4 917 Sb bb Eb t4 Ob 6e 9e Le 9e Se ce 4e ze Le oe sz ez Lz 9Z sz tit CZ ZZ LZ Ot 6L 9L LL 91 St 4t CI ZL Ll 0t 6 9 9 S b e z L Amended Exhibit F — 2013 HUD Income Limits 2013 Median Family Income — Fort Worth/Arlington, TX 1 Person 2 Persons 3 Persons 14 Persons 5 Persons 6 Persons 7 Persons 8 Persons 30%AMI $13,850 $15,800 $17,800 $19,750 $21,350 $22,950 $24,500 $26,100 50% AMI $23,050 $26,350 $29,650 $32,900 $35,550 $38,200 $40,800 $43,450 80%AMI $36,900 $42,150 $47,400 $52,650 $56,900 $61,100 $65,300 $69,500 1 M&C Review Page 1 of 5 Official site of the City of Fort Worth, Texas FORT WORT!! COUNCIL ACTION: Approved As Amended on 8/7/2012 - Ordinance No. 20316-08-2012 DATE: 7/24/2012 CODE: SUBJECT: CONTINUED FROM A PREVIOUS WEEK REFERENCE NO.: C TYPE: C-25767 NON - CONSENT LOG NAME: 17HUDACTPLANPYI2-13 PUBLIC HEARING: YES Conduct a Public Hearing and Approve City's 2012-2013 Action Plan for the Use of Federal Grant Funds from the United States Department of Housing and Urban Development 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 Grant Programs, Authorize Collection and Use of Program Income Authorize Application of Indirect Cost Rates, Authorize Execution of Related Contracts and Interdepartmental Letters of Agreement and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing to allow citizen input and consideration of the City's 2012-2013 Action Plan for use of federal grant funds from the United States Department of Housing and Urban Development 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 grant programs and for the use of program income from activities using prior years' federal grant funds; 2. Approve the City's 2012-2013 Action Plan for submission to the United States Department of Housing and Urban Development including allocations of grant funds to particular programs and activities as detailed below; 3. Authorize the collection and use of an estimated $50,000.00 of program income resulting from activities using prior years' Community Development Block Grant funds for the programs and activities detailed below; 4. Authorize the collection and use of any program income resulting from activities using prior years' HOME Investment Partnerships Program 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 2012-2013 for Community Development Block Grant, Emergency Solutions Grant and Housing Opportunities for Persons with AIDS grant funds, contingent upon receipt of funding; 6. Authorize the City Manager, or his designee, to extend the contracts and interdepartmental Letters of Agreement for up to one year if an agency or department requests an extension and such extension is necessary for completion of the program; 7 Authorize the City Manager, or his designee, to amend the contracts and interdepartmental Letters of Agreement if necessary, to achieve program goals, provided any amendment is within the scope of the program and in compliance with City policies and all applicable laws and regulations governing the use of federal grant funds; http://apps.cfwnet.org/council_packet/mc_review.aspM=1 700 8&councildate=8/7/201 2 11/27/2012 M&C Review Page 2 of 5 8. Apply indirect cost rates as applicable for the Grants Fund in accordance with the City's Administrative Regulations; and 9. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations to the Grants Fund in the total amount of $9,278,851.00 ($5,830,119.00 in Community Development Block Grant funds, $1,973,169.00 in HOME Investment Partnerships Program funds $532,857.00 in Emergency Solutions Grant funds and $942,706.00 in Housing Opportunities for Persons with AIDS funds) plus any program income, all subject to receipt of such funds. DISCUSSION: The City's Action Plan is a comprehensive summary of the major housing and community development activities programs and proposed expenditures for the use of federal grant funds in the amount of $9,278 851.00 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 Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG) and Housing Opportunities for Persons with AIDS (HOPWA) grant programs. This year's Action Plan also summarizes the use of program income resulting from activities using prior years' CDBG and HOME funds. The purpose of these grant funds is to primarily benefit low and moderate income City residents, with ESG funds primarily benefiting homeless persons and HOPWA funds primarily benefiting persons with HIV/AIDS. A 30-day public comment period on the City's proposed Action Plan was held from June 25, 2012 to July 25, 2012. Any comments will be maintained by the Housing and Economic Development Department in accordance with federal regulations. This public hearing on the City's Action Plan will be the first public hearing for the HUD required citizen participation process A second public hearing is proposed for August 7, 2012 at which time the City Council is scheduled to approve the Action Plan. The City's Action Plan must be submitted to HUD by August 16, 2012. In addition, two public hearings were held on July 16, 2012 at 9:30 a.m. and 6:00 p.m. for citizens to provide comment on the proposed lists of neighborhood streets eligible for reconstruction using CDBG funds. The Transportation and Public Works Department prepared a list of priority streets in CDBG-eligible areas The streets selected for reconstruction were based on the comments provided at the public hearings. A complete list of the streets is attached and will be included in the Action Plan. The allocations in the draft Action Plan available during the public comment period were based on funding estimates available at that time. The amounts set out below reflect the allocations from HUD at the time of this Mayor and Council Communication (M&C). The allocations are not yet final and if the amounts increase, Staff will bring forward another M&C to commit the additional funds. Staff developed recommendations for the allocation of the estimated funding from HUD and presented them to the Community Development Council (CDC) on June 4 2012 A summary of the CDC's funding recommendations is provided below in Tables 1, 2 and 3 and a spreadsheet of all specific funding recommendations is attached For Program Year 2012-2013, the $5,830,119.00 in CDBG funds and $50,000.00 of CDBG program income is recommended to be allocated as follows: Housing Programs and Services - $2,124,038.00 This item includes funding for the City's Priority Repair Program, Cowtown Brush -Up, homebuyer and housing services, and accessibility modifications to the homes of senior and/or disabled individuals and related project delivery costs for these programs. Public Services - $874,517.85 This item includes social services for low to moderate income, disabled, and disadvantaged populations. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17008&councildate=8/7/2012 11/27/2012 M&C Review Page 3 of 5 Community Facilities and Infrastructure - $930,596.05 This item includes funding for neighborhood streets reconstruction 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 108 loan from HUD. CDBG General Administration - $1,166,023.80 This item includes costs for administering the CDBG grant including allocations for Financial Management Services, Internal Audit, and Planning and Development. CDBG Estimated Program Income - $50,000.00 Staff recommends allocating any CDBG program received to the following items. CASA of Tarrant County, Inc. $ 1,875.00 Cultural Arts Center $ 1,875.00 Day Resource Center for the Homeless $ 1,875.00 YWCA Fort Worth & Tarrant County $ 1,875.00 Neighborhood Street Reconstruction $32,500.00 CDBG General Administration (20 percent) $10,000.00 Total CDBG Program Income $50,000.00 For Program Year 2012-2013, the $1,973,169.00 in HOME funds is recommended to be allocated as follows: HOME General Administration - $197,316.90 This item includes costs for administering the HOME grant. Community Development Housing Organizations (CHDO) Set Aside - $0.00 This HUD required minimum 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 funding to provide down payment and/or closing cost assistance to low and moderate income homebuyers. Staff anticipates the receipt of program income in the 2012-2013 Program Year from activities using HOME funds. Any future program income will be used for the City s Homebuyer Assistance Program (HAP) after the 10 percent allocation, excluding recapture, for HOME General Administration. For Program Year 2012-2013, the $532,857.00 in ESG grant funds is recommended to be allocated as follows: Allocation to non-profit service providers - $492,892.72 Allocation to ESG program administration - $39,964.28 For Program Year 2012-2013, the $942,706.00 in HOPWA grant funds is recommended to be allocated as follows: Allocation to non-profit service providers - $914,424.82 Allocation to HOPWA 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 tables: Community Development Block Grant: Table 1 - CDBG Agencies Organization Program Amount http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17008&councildate=8/7/2012 11/27/2012 M&C Review Page 4 of 5 Camp Fire USA First Texas Council CASA of Tarrant County, Inc. Cenikor Foundation Clayton Child Care. Inc. d/b/a Clayton YES! Cornerstone Assistance Network Cultural Arts Center Day Resource Center for the Homeless The Ladder Alliance Mental Health Association of Tarrant County Northside Inter -Church Agency, Inc. Senior Citizen Services of Greater Tarrant County Tarrant Area Food Bank YWCA Fort Worth & Tarrant County YWCA Fort Worth & Tarrant County CDBG Public Service Subtotal REACH Resource Center on Independent Living TOTAL CDBG Contracts Emergency Solutions Grant: Table 2 - ESG Agencies Organization Catholic Charities of Fort Worth CFW: Parks and Community Services P resbyterian Night Shelter S afeHaven of Tarrant County Day Resource Center Diamond Hill and N orthside Station Volunteer Advocate Training S ubstance Abuse Treatment S chool Age Child Care N ew Life Center/Promise House GED in Spanish Counseling Services and Case Management Employment Training Long Term Care Ombudsman Good Works/Buenas Obras Transportation for S eniors Community Kitchen/Meals Child Development P rogram P ower of Self P roject Ramp Program Prevention and Rapid Re -Housing Community Action Partners The Emergency Shelter P rogram S helter Operations and Rapid Re -Housing Counseling Services and Case Management TOTAL ESG Contracts Housing Oaaortunities For Persons With AIDS: Table 3 - HOPWA Agencies Organization AIDS Outreach Center, Inc. Tarrant County Samaritan Housing, Inc. 75,900.00 30,000.00 75, 000.00 75,000.00 75, 000.00 30,000.00 31,808.50 75,000.00 75, 000.85 75,000.00 75,000.00 75,000.00 $ 75,000.00 $ 31.808.50 $ 874,517.85 $ 50.000.00 $ 924,517.85 Amount $ 38,178.52 $ 75,000.00 $ 167,892.72 $ 175,000.00 $ 36,821.48 $ 492,892.72 Program Amount Administration (three percent), $ 612,758.90 S upportive Services, TBRA, and STRMU Administration (three percent), S upportive Services, and TBRA TOTAL HOPWA Contracts These programs are available in ALL COUNCIL DISTRICTS. $ 301.665.92 $ 914,424.82 http://apps.cfwnet.org/council_packet/mc_review. asp7ID=17008&councildate=8/7/2012 11/27/2012 M&C Review Page 5 of 5 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, adoption of the attached appropriation ordinance and receipt of grant funds, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers GR76 451727 017206280XXX GR76 5XXXXX 017206280XXX GR76 451727 017206281XXX GR76 5XXXXX 017206281XXX GR76 5XXXXX 017206283XXX GR76 451727 017206284XXX GR76 5XXXXX 017206284XXX GR76 451685 017206280XXX GR76 5XXXXX 017206280XXX GR76 451727 017206283XXX $5.830.119.00 $5.830.119.00 $1.973.169.00 $1.973.169.00 $532.857.00 $942.706.00 $942.706.00 $50.000.00 $50.000.00 $532.857.00 Submitted for City Manaaer's Office bv: Oriainatina Department Head: Additional Information Contact: FROM Fund/Account/Centers Fernando Costa (6122) Jay Chapa (5804) Cynthia Garcia (8187) Avis F. Chaisson (6342) ATTACHMENTS 17HUDACTPLANPY12-13 A012 VG(1).doc 2012-13ActionPlanFundinaRecommendations.odf List of Selected Streets for 2012-2013.odf http://apps.cfwnet.org/council_packet/mc review.asp?ID=17008&councildate=8/7/2012 11/27/2012