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HomeMy WebLinkAboutContract 30839 CITY SECRETARY CONTRACT NO. FIRST AMENDMENT TO CITY SECRETARY CONTRACT NO. 29157 WHEREAS, on October 8, 2003, the City of Fort Worth and Greenway Neighborhood Development Corporation made and entered into City Secretary Contract No. 29157, (the "contract") as authorized by M&C C-19615 adopted by the City Council on June 10, 2003; WHEREAS, Greenway Neighborhood Development Corporation desires to extend the contract for an additional nine (9) month term and City of Fort Worth has agreed to such extension; WHEREAS, it is the mutual desire of the City of Fort Worth and Greenway Neighborhood Development Corporation to amend the contract. NOW, THEREFORE, the City of Fort Worth ("City"), acting by and through Dale A. Fisseler, its duly authorized acting Assistant City Manager, and Greenway Neighborhood Development Corporation ("Contractor"), acting by and through Trudy Darden, its duly authorized Board Chairperson, do hereby agree as follows: I. GENERAL PROVISIONS 2. Duration This section is amended to be and read as follows: "This contract is extended for nine (9) months beginning on the date of execution of this contract amendment." 7. DUTIES AND RESPONSIBILITIES OF CITY A. Disbursement of Funds The first sentence of this section is amended to be and read as follows: "The City will furnish Federal grant funds pursuant to a grant received from the United States Department of Housing and Urban Development ("HUD") through the Home Investment Partnerships ("HOME") Program No. M-02-MC-48-0204, Catalog of Federal Domestic Assistance ("CFDA")No. 14.239 ("Home Funds") for use as stated herein." B. Amount of Funds This section is amended to be and read as follows: CONTRACT AMENDMENT CSC NO.29157 Page 1 Greenway Neighborhood Development Corp. ..r. LYti] "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 NINE THOUSAND TWO HUNDRED SIXTY and 17/100 DOLLARS ($9,260.17). "Contractor will use the NINE THOUSAND TWO HUNDRED SIXTY and 17/100 DOLLARS ($9,260.17) for operating expenses in accordance with Exhibit B — "Proposed Operating Budget for Remaining Nine Months." 8. 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 amendment to pay certain of its Program administrative 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 Regulations." F. 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, "Audits of States, Local Governments, and Non-Profit Organizations". 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 City Housing Department Audit 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")." CONTRACT AMENDMENT CSC NO.29157 Page 2 Greenway Neighborhood Development Corp. 9. 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." 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. 29157 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.29157 Page 3 Greenway Neighborhood Development Corp. F C;7KL5 L4 1. IN WITNESS WHEREOF, the parties hereto have exe uted four copies of this contract amendment in Fort Worth, Tarrant County, Texas, this day of A.D. 2004. ATTEST: CITY OF FORT WORTH f)�� By: City Secretary Dale A. Fisseler Acting Assistant City Manager APPROVED ASS TO F RM AND LEGALITY: _V1 Asst. City Attorney Contract author i nation GREENWAY NEIGHBORHOOD DEVELOPMENT CORPORATION Date By: ,---� Noble Reed, Board treasurer Page 4 :;� "�k'1 `C-) � 1�11: 1� 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 Dale A. Fisseler, 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 A.D. 2004. r�PFV P�/e`•. ROSELLA BARNES C NOTARY PUBLIC Notary in and for the State of Texas *� �Q! State of Texas �' Comm.Exp.03-31-2005 �•w OF r ST § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Noble Reed, 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 Greenway Neighborhood Development Corp. and that he executed the same as the act of said Greenway Neighborhood Development Corp. 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 lilt day of 00c�l � , A.D. 2004. - -�It Notary Public in and for the State of Texas JAMIE D.WARNER '* f MY COMMISSION EXPIRES "'..... November 5,2007 Page 5 PROPOSED OPERATING BUDGET FOR REMAINING 9 MONTHS Total CDBG HOME Other Sources Budget Funds CHDO Funds [A] [B] [C] [D] [E] Fundraising Development Fees PERSONNEL SERVICES Salaries $7936 FICA $684 Health Insurance Life Insurance Unemployment-State Unemployment-Federal Worker's compensation Retirement Misc.Fringe Benefits SUPPLIES Office Supplies Postage Other Operating Supplies Teaching Aids CONTRACTUAL SERVICES Tele hone 200 Electric Gas(utility) Water/Waste Rent Custodial Services Copier Office Equipment Printing Repairs Fidelity Bond 400 Liability Insurance 40 Consultant Fee Legal&Accountin Annual Audit Other Professional Services Private Auto Allowance-local Private Auto Allowance-Other Leased Vehicle Charges Gasoline, Oil&Lube Conference& Seminars Indirect Cost CAPITAL OUTLAY Furniture&Fixtures Office Equipment Rental TOTAL $9,260.00 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 $300,000. 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 $300,000 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 $300,000 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/City 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. 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 letter, including a corrective action plan