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HomeMy WebLinkAboutContract 31058 CITY SECRETARY CONTRACT NO FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 29385 WHEREAS, on December 11, 2003, the City of Fort Worth and Carter Metropolitan Community Development Corporation made and entered into City Secretary Contract No. 29385, (the "contract") as authorized by M&C C-18844 adopted by the City Council on November 27, 2001. WHEREAS, Carter Metropolitan Community Development Corporation desires to extend the contract for an additional one (1) year term and City of Fort Worth has agreed to such extension; WHEREAS, it the mutual desire of the City and Carter Metropolitan Community Development Corporation to amend the contract; NOW, THEREFORE, the City of Fort Worth ("City"),whose address is 1000 Throckmorton St., Fort Worth TX 76102, acting by and through Dale A. Fisseler, its duly authorized acting Assistant City Manager, and Carter Metropolitan Community Development Corporation("Contractor"), whose address is 4601 Wichita St., Fort Worth TX 76119, acting by and through Kenneth W. Carter, its duly authorized Executive Director, do hereby agree as follows: I. GENERAL PROVISIONS B. Duration/Period of Affordability This first full paragraph of this section is amended to be and read as follows: "This contract is extended for twelve (12) months beginning on the date of execution of this contract amendment. This contract may be extended for an additional one (1) year term. Contractor shall request such extension in writing and submit the request to the City sixty (60) days prior to the end of the term. The City may then approve extension of the contract for the additional one (1) year term. It is specifically understood that it is solely within the City's discretion whether to approve or deny Contractor's request for an additional one (1) year term. The provisions relating to affordability shall remain in effect through the required period of affordability as set forth elsewhere in this contract. 2. DUTIES AND RESPONSIBILITIES OF CITY A. Disbursement of Funds This section is amended to be and read as follows: "The City will furnish federal grant funds pursuant to a grant received from the HUD CONTRACT AMENDMENT CSC NO. 29385 g 1 Carter Metropolitan Community Development Corporation through the Home Investment Partnerships ("HOME") Program No. M-00-MC-48-0204, Catalog of Federal Domestic Assistance ("CFDA") No. 14.239 for use as stated herein. The City will monitor the use of such funds to ensure appropriate use of the funds. Funds shall be disbursed after execution of this contract and any amendments hereto in compliance with the provisions herein. Payment of expenses will require completion of Attachment I "Request for Funds" form." B. Amount of Funds The first two paragraphs of this section are amended to be and read as follows: "It is agreed that the total distribution of HOME funds made available to or paid on behalf of Contractor during the term of this contract amendment shall not exceed the sum of ONE THOUSAND FIVE HUNDRED THIRTY-FOUR AND .08/100 DOLLARS ($1,534.08). "Contractor will use the ONE THOUSAND FIVE HUNDRED THIRTY-FOUR and .08/100 DOLLARS ($1,534.08) for housing development in accordance with Exhibit B — "Program Budget"." 3. DUTIES AND RESPONSIBILITIES OF CONTRACTOR A. Statement of Work Budget and Time Line for Goals and Expenditures The first full paragraph of this section is amended to be and read as follows: "Contractor will utilize HOME funds provided under this contract to pay certain of its program delivery expenses to promote and develop affordable housing for low and very-low income families. HOME funds may only be used to provide Contractor funding for activities that are eligible and allowable expenditures pursuant to Sections 92.205 and 92.206 of the HOME Regulations." H. Cost Principles The second full paragraph of this section is amended to be and read as follows. "All non-federal entities that expend $500,000 or more in federal funds within one year, regardless of the source of the Federal award, must submit an annual audit to City prepared in accordance with specific reference to OMB Circular A-133. The audit may cover either Contractor's fiscal year during which this contract is in force or cover the period of this contract or any amendment hereto. 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. Contractor's audit certification is attached hereto as Exhibit D - Audit Certification Form and Audit CONTRACT AMENDMENT CSC NO. 29385 Page 2 Carter Metropolitan Community Development Corporation 1 Requirements. The Audit Certification Form must be submitted to City within sixty (60) days of the end of period being audited (Contractor's fiscal year). Costs of preparation of this 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-profit entities that expend less than $500,000 a year in Federal funds are exempt from Federal audit requirements for that year, but records must be available for review or audit by officials of the appropriate Federal agency, City, and General Accounting Office ("GAO")." J. Compliance With All Applicable Laws and Regulations (4)Prohibition Against Discrimination The first full paragraph of this section is amended to be and read as follows. "Contractor, in the execution, performance or attempted performance of this Contract, will not unlawfully discriminate against any person or persons because of sex, race, religion, age, disability, color, national origin or familial status, nor will Contractor permit its officers, members, agents, employees, subcontractors or program participants to engage in such discrimination." Indemnity and Bonding This section is renamed and amended to be and read as follows. L. Indemnity and Release 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 HIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT 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 KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONTRACT AMENDMENT CSC NO. 29385 ---� Carter Metropolitan Community Development Corporation 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 HARMLESS CITY FROM AND AGAINST ANY AND ALL 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. IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH CONTRACTOR AND CITY, THAT THE INDEMNITY PROVIDED FOR THIS SECTION INCLUDES INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS ALLEDGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY,DAMAGE OR DEATH. CONTRACTOR AGREES TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTIAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY THE CITY'S SOLE OR CONCURRENT NEGLIGENCE. CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO INCLUDE IN THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. The contract is hereby amended by adding a new section which shall be and read as follows: P. Miscellaneous Provisions All terms of this Contract shall apply to any and all subcontractors of Contractor who are in any way paid with HOME funds or who perform any work in connection with Contractor's program. All notices required or permitted by this contract must be in writing and are deemed delivered on the earlier date of the date actually received or the third day following (i) deposit in CONTRACT AMENDMENT CSC NO.29385 Page 4 Carter Metropolitan Community Development Corporation a Untied States Postal Service post office or receptacle; (ii) with proper postage, certified mail return receipt requested; and (iii) addressed to the other party at the address set out in the preamble of this contract amendment or at such other address as the receiving party designates by proper notice to the sending party. If applicable, Contractor must meet conditions and limitations for use of HOME funds involving a primarily religious entity as set forth in the HOME Regulations. Contractor shall notify City in writing of any changes in its 501 (c) (3) tax exempt status during the term of this Contract as well as any other change that alters Contractor's certification as a CHDO under the HOME Regulations. Contractor agrees to document its continued compliance, including but not limited to an annual board roster and certification of continued compliance. Exhibits B and D attached to the Contract are hereby replaced with the Exhibits B and D attached hereto. All other terms and conditions of City Secretary Contract No. 29385 not amended herein remain unaffected and in full force and effect, are binding upon the parties, and are hereby ratified by the parties. [SIGNATURES APPEAR ON FOLLOWING PAGE] CONTRACT AMENDMENT CSC NO. 29385 Page 5 Carter Metropolitan Community Development Corporation f { IN WITNESS WHEREOF, the parties hereto have�tedur copies of this contract amendment in Fort Worth, Tarrant County, Texas, this day of �l A.D. 2004. ATTEST: CITY OF FORT WORTH Y . By: City Secretary Dale A. Fisseler Acting Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Asst. City Attorney CARTER METROPOLITAN COMMUNITY _._ ------ DEVELOPMENT CORPORAT ON By: K is enneth W. Carter, , xecutive Director Page 6 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on / -Jy �C'U , 2004 by Dale A. Fisseler, the Acting Assistant City Manager, of the City of Fort Worth, on behalf of the City of Fort Worth. } s I ncs I^ Notary Public State of Texas STATE OF TEXAS § COUNTY OF TARRANT § / This instrument was acknowledged before me on ��� (f , 2004 by Kenneth W. Carter, the Executive Director of the Carter Metropolitan Community Development Corp., a Texas non-profit corporation, on behalf of said corporation. e ez 4 i Notary Public, State of Texas `q C.C.C.HARRIS MY COMMISSION EXPIRES October 24,2005 Page 7 i S] EXHIBIT B CARTER METROPOLITAN CDC PROGRAM BUDGET DEVELOPMENT FUNDS $1,534.08 TOTAL BUDGET $1,534.08 i EXHIBIT D CITY OF FORT WORTH HOUSING DEPARTMENT Audit Certification Form Subrecipient: Fiscal Year Ending: Mo Day Yr ❑ We have exceeded the federal expenditure threshold of $500,000. We will have our Single Audit or Program Specific Audit completed and will submit the audit report within nine (9) months after the end of the audited fiscal year. ❑ We did not exceed the $500,000 federal expenditure threshold required for a Single Audit or a Program Specific Audit to be performed this fiscal year. (Fill out schedule below) Federal Expenditure Disclosure Federal Funds Must be filled out if Single Audit or Program Audit is not required. Pass Through Program Name & Contract Federal Grantor Grantor CFDA Number Number Expenditures Total Federal Expenditures for this Fiscal Year $ Printed Name Title (Must be CFO, CEO or equivalent) Authorized Signature(Must be CFO, CEO or equivalent) Phone Number Date Failure to submit this or a similar statement or failure to submit a completed single audit package as described in the audit requirements by the required due date will result in suspension of funding and will affect eligibility for future funding. Submit this form to the City of Fort Worth within 60 days after the end of your Fiscal year CITY OF FORT WORTH HOUSING DEPARTMENT AUDIT REQUIREMENTS Organizations expending $500,000 or more in federal awards (from City of Fort Worth and other funding sources) during their fiscal years shall obtain either an annual single audit or a program specific audit. Organizations may have a program specific audit in accordance with OMB Circular A-133 if they expended funds for only one federal program as listed in the Catalog of Federal Domestic Assistance (CFDA). If funds are spent for more than one federal program, a single audit is required. The audited time period is the organization's fiscal year, and not the City of Fort Worth's funding period. The audit shall be conducted by a certified public accountant (CPA) that is licensed at the time of the audit by the appropriate regulatory body. The CPA shall meet all of the general standards concerning qualifications, independence, due professional care and quality control as required by Government Auditing Standards, including the requirements for continuing professional education and external peer reviews. Auditor selection must adhere to federal procurement requirements. A separate supplementary schedule of revenues, expenditures and changes in fund balance for each City of Fort Worth contract is no longer required. The Schedule of Expenditures of Federal Awards should list City of Fort Worth 's contract numbers, the total expended for each individual federal program, and the CFDA number(OMB A-133 § .310). The independent auditor's report should include all of the relevant items listed on the "Audit Report Checklist." Additional guidance on the conduct and reporting of these audits is contained in the latest issuance of the following publications: Government Auditing Standards issued by the Comptroller General of the United States, 2003 OMB Circular A-133 as revised 6/30/97 and amended June 2003 OMB Circular A-133 Compliance Supplement AICPA's Statement of Position 98-3, "Audits of States, Local Governments, and Not-for-Profit Organizations Receiving Federal Awards" Various AICPA audit guides for nonprofits, colleges and universities and health and welfare organizations AICPA's Audit Risk Alert "State and Local Governmental Developments" All organizations that receive a City of Fort Worth award must submit the provided Audit Certification Form which certifies whether you are subject to a single/program audit. Organizations receiving federal awards from the City of Fort Worth who are not required to have an audit shall certify in writing to the agency. The organizations Chief Executive Officer or Chief Financial Officer shall make the certification within 60 days of the end of the organization's fiscal year. The following items should be submitted to the City of Fort Worth Housing Department within the required timeframe: Due 60 days after organization's fiscal year end: (required for all subrecipients) • Completed Audit Certification Form Due within the earlier of 30 days after receipt of the auditor's report or nine months after the end of the audit period. Two copies of the entire audit report issued by the CPA Two copies of any management letter issued by the CPA in conjunction with the audit report • Two copies of management's comments on all findings, recommendations, & questioned costs contained in the audit report and management letter, including a detailed corrective action plan Failure to submit any of these items by the required due date may result in holds on current draw requests, suspension of the organization's contract(s) and eligibility for future funding. If the organization does not meet the requirements of having a single/program audit conducted, records must still be kept available for review or audit by City of Fort Worth staff (OMB A-133 Subpart B Sec 200(d). If additional information is needed concerning the audit requirements, please call (817) 392-6141. I _ CITY OF FORT WORTH HOUSING DEPARTMENT SINGLE AUDIT REPORT CHECKLIST The Department developed this checklist to help organizations improve the quality and completeness of audit reports. General Purpose or Basic Financial Statements of the Organization Opinion/Report on Organization's Financial Statements in accordance with Government Auditing Standards Notes to the General Purpose or Basic Financial Statements of the Organization A Schedule of Expenditures of Federal Awards, including the Department's contract numbers, the total expended for the federal program, and the CFDA number (OMB A-133 Subpart C Sec 310). Opinion/Report on Schedule of Expenditures of Federal and State Awards Report on Compliance and on Internals Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards. (OMB A-133 § 505 (b)) Report on Compliance with Requirements Applicable to Each Major Program and Internal Control over Compliance in Accordance with OMB Circular A-133. (OMB A-133 § 505 (c)) Schedule of Findings and Questioned Costs (OMB A-133 §. 505d), including: Summary Schedule of Prior Audit Findings reporting the status of all findings included in the prior audit's schedule of findings and questioned costs. (OMB A- 133 Sec. 315 (a) and (b)) Corrective Action Plan including (OMB A-133 Sec. 315 (c)) name of person responsible for the corrective action, corrective action planned, anticipated completion date, and explanation and reason if auditee does not agree with findings or believes correction is not required. All reports are signed and dated by the auditor Two copies of the audit reports are submitted Two copies of the management letter, if issued in conjunction with the audit report Two copies of comments by management concerning all findings and recommendations included in management.--ic4tef;--------, including a corrective action plan