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HomeMy WebLinkAboutContract 32338 CITY SECRETARY STATE OF TEXAS § CONTRACT NO. l� COUNTY OF TARRANT § THIS contract is made and entered into by and between the City of Fort Worth("City"),whose address is 1000 Throckmorton St.,Fort Worth Texas 76102,acting by and through Dale Fisseler,its duly authorized Assistant City Manager,and Fort Worth Area Habitat For Humanity,Inc. ("FWAHFH"),whose address is 3345 Jones St.,Fort Worth Texas 76110,acting by and through Gage Yager,its duly authorized Executive Director. (Sometimes City and FWAHFH are referred to individually as a"Party" and collectively as the "Parties".) WHEREAS,City has received grant monies from the United States Department of Housing and Urban Development ("HUD") under Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.) for utilization in connection with its Community Development Block Grant "CDBG"), Program No. B-05-MC-48-0010 for Year XXXI; WHEREAS, one of the national objectives of the CDBG program is to benefit low and moderate income citizens (the "National Objective"); WHEREAS,the assigned Catalog of Federal Domestic Assistance("CFDA") for this Federal program is number 14.218; and WHEREAS,City citizens,the Community Development Council,and the City Council have determined that decent, safe and affordable housing is needed by City's low and moderate income citizens. NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: THAT, the Parties covenant and agree as follows: 1. Scope of Services a. FWAHFH will purchase four (4) in-fill lots in established City neighborhoods on which it will construct new homes to provide home ownership opportunities to low and moderate-income persons ("Program"). The term of the Contract shall be for one(1)year beginning June 1,2005 and ending May 31, 2006. b. FWAHFH will provide the services and activities as set forth in Exhibit A-Program Summary in accordance with Exhibit B-Program Activities and Schedule. c. FWAHFH agrees to meet the National Objective of activities benefiting low and moderate-income individuals; and to maintain full documentation supporting fulfillment of this National Objective in its files. d. City will monitor and evaluate FWAHFH's performance using goals and performance standards required in this Contract. Substandard performance as determined by City will constitute non- compliance with this Contract. If action to correct such substandard performance is not taken by FWAHFH within a reasonable period of time after being notified in writing by City, procedures to suspend or terminate the Contract will be initiated. 2. Compensation and Method ofPayment V56 CDBG Year XXXI Contract Rev.-08-15-05„ Fort Worth Area Habitat For Humanity,Inc. Page I "R1 a. City will disburse CDBG Year XXXI funds ("CDBG Funds") in an amount up to THIRTEEN THOUSAND TWO HUNDRED EIGHTY SEVEN AND NO/100 DOLLARS ($13,287.00) to FWAHFH on a reimbursement of expenses basis. b. Payment will be processed by City following receipt from FWAHFH of the following monthly financial documents: (1)Attachment I-Request For Funds, (2)Attachment II-Detail Statement of Costs, and (3) Attachment III-Expenditures Worksheet. Reimbursement for the payment of eligible expenses shall be made against the line item budget specified in Exhibit C-Program Budget and in accordance with performance specified in Exhibit B-Program Activities and Schedule. City is under no obligation to disburse funds for expenditures that occurred prior to the first day of the month for which the reports are submitted. c. FWAHFH agrees to utilize all disbursed CDBG funds for the benefit of the Program. FWAHFH agrees that all funds will be expended in accordance with Exhibit C-Program Budget. FWAHFH may not increase or decrease line item amounts in the approved CDBG Funds portion of Exhibit C- Program Budget without City's prior written approval. d. It is understood that the total cost for operation of the Program is THREE MILLION SEVEN HUNDRED THREE THOUSAND EIGHT HUNDRED THIRTY FOURAND NO/100 DOLLARS ($3,703,834.00)and that FWAHFH will obtain from other sources the remaining funds in excess of the CDBG Funds as detailed in Exhibit C-Program Budget. FWAHFH will notify City promptly of any additional funding it receives for operation of the Program,and City reserves the right to amend Exhibit C-Program Budget in such instances. e. FWAHFH agrees to keep all CDBG Funds on hand in interest bearing accounts. All interest earned shall be reported to City on a monthly basis, at the same time as submission of the monthly report following the end of the Contract month during which the interest was earned. Interest in an amount of $25.00 or less per month may be used for authorized Program expenses. These amounts must be reported on the monthly financial statements filed pursuant to this Contract. Interest earned in excess of $25.00 per month is subject to remittance to City as directed by City. L FWAHFH will not commingle CDBG Funds with any other funds in any manner that would prevent City from readily identifying expenditures for operation of the Program. 3. Uniform Administrative Requirements and Program Management Standards a. Financial Management i. Accounting Standards FWAHFH agrees to comply with 24 CFR 84 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. ii. Cost Principles FWAHFH shall administer the Program in conformance with OMB CircularA-122"Cost Principles for Non-Profit Organizations" and attachments and revisions thereto, regarding principles for determining costs for the Program. b. Documentation and Record Keeping i. Requirement FWAHFH shall maintain all records pertinent to the activities to be funded under this Agreement required by H JD regulations specified in 24 CFR§ 570.506. In addition,FWAHFH agrees to keep records to fully document all expenditures charged to the CDBG portion of the 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. CDBG Year=Contract Rev. 08-15-05 Fort Worth Area Habitat For Humanity,Inc. Page 2 ii. Retention (1)All records pertaining to the Program shall be retained for five (5)years following the date of termination of this contract. FWAHFH may destroy Program records at the end of this five(5)year period if no outstanding audit finding exists. (2)FWAHFH will retain any Program loan records until five (5) years after the expiration of any loan. iii. Real Property Records FWAHFH shall maintain real property inventory records that clearly identify any properties purchased, improved, or sold. Any properties retained shall meet eligibility criteria and shall conform to 24 CFR § 570.505. iv. Close Outs FWAHFH's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include,but are not limited to: making final payments, disposing of Program assets(including the return of all unused materials,equipment,unspent cash advances, Program income balances, and accounts receivable to City), and determining the custodianship of records. v. Audits and Inspections (1)City,HUD,and the United States Comptroller General,or their respective representatives,shall have access to any books, documents, records and papers relating to the operations of FWAHFH under this Contract at all of FWAHFH's offices at all reasonable hours for the purpose of audit, examination, exception and transcription. (2) All non-federal entities that expend $500,000 or more in Federal funds within one (1) year, regardless of the source of the Federal award, must submit to City an annual audit prepared in accordance with 24 CFR Sections § 570.502-570.503 generally, with specific reference to OMB Circulars (with attachments)A-122 and A-133 "Audits of States, Local Governments, and Non- Profit Organizations", as appropriate. The audit may cover either FWAHFH's fiscal year during which this Contract is in force or cover the period of this Contract. The audit must be prepared by an independent certified public 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. FWAHFH's audit certification is attached hereto as Exhibit D - Audit Certification Form and Audit Requirements. The Audit Certification Form must be submitted to City within sixty(60) days of the end of the period being audited (FWAHFH's fiscal year). Costs of preparation of this audit may be an allowable expenditure of CDBG Funds in an amount proportional to that of the CDBG Funds used in FWAHFH'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 appropriate officials of the Federal agency,City, and General Accounting Office ("GAO"). (3)City reserves the right to perform an audit of FWAHFH's agency 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-133. FWAHFH agrees to allow access to all relevant books, records and materials. If such audit reveals a questioned practice or expenditure, such questions must be resolved within fifteen (15) days after notice to FWAHFH. If questions are not resolved within this period, City reserves the right to withhold further funding under this Contract and/or future contract(s) with FWAHFH. (4) If as a result of any audit it is determined that FWAHFH has misused, misapplied or misappropriated all or any part of the CDBG Funds, FWAHFH agrees to reimburse the City the amount of such monies so misused, misapplied or misappropriated, plus the amount of any CDBG Year XXXI Contract R�,v S ; Fort Worth Area Habitat For Humanity,Inc. pa' q 9 6 sanctions, penalty or other charge levied against City because of such misuse, misapplication or misappropriation. 4. Reportinz Procedures a. Financial Reports FWAHFH will submit to City on a monthly basis: (1) Attachment I-Request for Funds, (2) Attachment II-Detail Statement of Costs, (3) Attachment III-Expenditures Worksheet, as applicable, for expenses incurred for services and activities accomplished by Contractor in performance of this Contract. Actual cash receipts for claimed expenditures must be provided at the time the request for funds is presented. The reports must be signed by a duly authorized agent of the Contractor and submitted by the 15th of the month following the month being reported. City is under no obligation to disburse funds for expenditures that occurred prior to the firs day of the month for which the report is submitted. b. Progress Reports Contractor will submit to City on a monthly basis: Attachment IV—Monthly Report for services and activities undertaken by FWAHFH in performance of this Contract. The report will be signed by a duly authorized agent of FWAHFH and submitted by the 15th of the month following the month that is reported. City is under no obligation to disburse funds for expenditures that occurred prior to the first day of the month for which the report is submitted. c. Program Income FWAHFH agrees that all program income from operation of the Program in proportion to the amount of CDBG Funds received hereunder will be expended prior to expending CDBG Funds and that any such program income is subject to the terms of this Contract. FWAHFH may expend CDBG Funds only if program income is insufficient to meet all eligible Program activity expenses. FWAHFH agrees to return to City at the end of the Contract any remaining program income earned from operation of the Program in proportion to the amount of CDBG Funds in Exhibit C-Program Budget. d. Procurement i. Compliance FWAHFH shall comply with City policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property,as defined by such policy,procured with funds provided under this Contract. ii. OMB Standards FWAHFH shall procure all materials,property, or services in accordance with the requirements of 24 CFR Part 84, Procurement Standards and Property Standards, as modified by 24 CFR Part 570.502(b)(6), covering utilization and disposal of property. 5. Reversion of Assets a. FWAHFH agrees to return to City any CDBG Funds remaining on hand at the end of the Contract. b. All property purchased with CDBG Funds under this Contract will be used solely for operation of the Program. FWAHFH agrees to obtain City approval prior to purchase of property and FWAHFH agrees to notify City upon receipt of property so that it may be properly tagged and inventoried. Title to such property will be vested in the City,and FWAHFH will deliver all such property to City for disposition, and, at the termination of the Program for which CDBG funds have been received, FWAHFH will deliver all such property to City for disposition at City's sole discretion at the termination of the Program. CDBG Year XXXI Contract Rev. 08-15-05 Fort Worth Area Habitat For Humanity,Inc. Page 4 6. Applicable Laws a. Federal FWAHFH agrees to comply with the following laws and the applicable regulations as they are currently written or are hereafter amended during performance of this Contract: • Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.) • Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.) • Executive Orders 11063, 11246, as amended by Executive Orders 11375 and 12086 and as supplemented by 41 CFR Part 60 • The Age Discrimination in Employment Act of 1967 (29 USC 62 1) • The Age Discrimination Act of 1975 (42 USC 6101 et seq.) • Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part 8 where applicable • National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq. ("NEPA") and the related authorities listed 24 CFR Part 58 • The Clean Air Act, as amended(42 USC 7401 et seq.),the Clean Water Act of 1977,as amended (33 USC 1251 et seq.)and the related EPAregulations at 40 CFR Part 15,as amended from time to time, and Executive Order 11738. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. • The Immigration Reform and Control Act of 1986(8 USC 1101 et seg.), specifically including the provisions requiring employer verification of the legal status of its employees • The Housing and Community Development Act of 1987 (42 USC 5301 et seq.) • The Americans with Disabilities Act of 1990 (42 USC 12101 et seq.) • Drug Free Workplace Act of 1988 (41 USC 701 et seq.) and 24 CFR Part 23, Subpart F • Regulations as 24 CFR Part 87 related to lobbying,including the requirement that certifications and disclosures be obtained from all covered persons • Executive Order 12549 and 24 CFR Part 5.105 (c)pertaining to restrictions on participation by ineligible, debarred, or suspended persons or entities. b. Section 3 of the Housing and Urban Development Act of 1968, as amended,(12 USC 1701 u et seq) and its related regulations at 24 CFR Part 135 As the work to be performed under this Contract is on a proj ect assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3")requires that the following clause be inserted in all covered contracts ("Section 3 Clause"): "A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu(section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible,be directed to low-and very low-income persons,particularly persons who are recipients of HUD assistance for housing. B. The Parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135,which implement Section 3. As evidenced by their execution of this contract, the Parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which CDBG Year XXXI Contract Rev. 08-15-05 Fort Worth Area Habitat For Humanity,Inc. Page 5 the contractor has a collective bargaining agreement or other understanding,if any,a notice advising the labor organization or workers'representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice.The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 CFR Part 135. F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions,termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act(25 U.S.C. 450e)also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b)." City and FWAHFH understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135,and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Program,binding upon City and FWAHFH,and their respective successors, assigns and subcontractors. Failure to fulfill these requirements shall subject FWAHFH and its subcontractors, and their respective successors and assigns, to those sanctions specified by the Grant Agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. c. Other Laws FWAHFH 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 applicable City ordinances, rules and regulations and the Housing and Community Development Act of 1974(43 USC 5301 et seq.),Stat.633,),as amended,and all related regulations. FWAHFH further promises and agrees that it has read, and is familiar with, terms and conditions of the Community Development Block Grant under which funds are granted and that it will fully comply with them. It is agreed and understood that, if City notifies FWAHFH of any such violation on the part of FWAHFH or any of its officers, members, agents, employees, Program participants or subcontractors,then FWAHFH shall immediately desist from and correct such violation. CDBG Year MM Contract Rev. 08-15-05 Fort Worth Area Habitat For Humanity,Inc. Page 6 7. Nondiscrimination a. FWAHFH will not unlawfully discriminate against any person or persons because of sex, race, religion, age,disability, color,national origin,or familial status,nor will FWAHFH permit its officers, members,agents,employees,subcontractors or Program participants to engage in such discrimination. b.FWAHFH 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 except on the basis of bona fide occupational qualification, retirement plan or statutory requirement. c. FWAHFH further covenants that neither it nor any of its officers, members, agents, employees, Program participants or subcontractors or persons acting on their behalf,shall specify,in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. d. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), FWAHFH warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with FWAHFH,or employees of FWAHFH or any of its subcontractors. FWAHFH 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 FWAHFH's and/or its subcontractors'alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. b. This Contract 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, and FWAHFH hereby covenants and agrees that FWAHFH, its officers, members, agents, employees and subcontractors, have fully complied with all provisions of same and that no employee, employee- applicant or Program participant has been discriminated against by the terms of such ordinances by either FWAHFH or its officers, members, agents, employees or subcontractors. 8. Prohibition Aeainst Interest a. 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 or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract,or the proceeds thereof,for work to be performed hereunder. FWAHFH shall incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts entered into in connection with the Program. b. No member,officer, employee,or Program participant of FWAHFH or its subcontractors shall have a financial interest, direct or indirect, in this Contract or the CDBG Funds transferred hereunder or be financially interested, directly or indirectly, in the sale to FWAHFH of any land,materials, supplies or services purchased with CDBG Funds transferred hereunder, except on behalf of FWAHFH, as an officer, employee, member or Program participant. Any willful violation of this paragraph with the expressed or implied,knowledge of FWAHFH or its subcontractors shall render this Contract voidable by the City. CDBG Year XXXI Contract Rev. 08-15-05 Fort Worth Area Habitat For Humanity,Inc. Page 7 9. Minority and Women Business Enterprise Commitment FWAHFH agrees to abide by the City's policy to involve Minority and Women Business Enterprises (MWBEs) in all phases of its procurement practices and to provide them an equal opportunity to compete for contracts for construction,provision of professional services,purchase of equipment and supplies and provision of other services required by City. FWAHFH agrees to incorporate City Ordinance No. 15530, and all amendments or successor policies thereto, into all contracts and will further require all persons or entities with whom it contracts to comply with said Policy. 10. Non Assignment No assignment or delegation of duties under this Contract by FWAHFH shall be effective without City's prior written approval. 11. Independent Contractor a. FWAHFH shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of City. FWAHFH 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 FWAHFH, 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 FWAHFH. It is expressly understood and agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of FWAHFH, 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 FWAHFH,its officers,members,agents, employees, subcontractors, Program participants, licensees or invitees. b. City shall in no way nor under any circumstances be responsible for any property belonging to FWAHFH,its officers,members,agents, employees,subcontractors,Program participants,licensees or invitees, which may be lost, stolen, destroyed or in any way damaged; and FWABFH hereby indemnifies and holds harmless City and its officers,agents,and employees from and against any and all claims or suits. 12. Indemnification and Release FWAHF`H 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 FIND 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 FWAHFH HEREBY ASSUME AND CDBG Year XXXI Contract - _ Rev.O8- 5-05 Fort Worth Area Habitat For Humanity,Inc. -page 8 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 CONNECTION WITH THE EXECUTION,PERFORMANCE,ATTEMPTED PERFORMANCE OR NON-PERFORMANCE 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. FWAHFH LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFYAND 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 FWAHFH, 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. FWAHFH 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 INCIDENTAL TO PERFORMANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY THE CITY'S SOLE OR CONCURRENT NEGLIGENCE. FWAHFH 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. 13. Insurance and Bonding a.FWAHFH will maintain blanket fidelity coverage in the form of an insurance bond in the amount of $13,287.00 or more to insure against loss from the fraud, theft or dishonesty of any of FWAHFH'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 Funds 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 use and benefit of FWAHFH. b. FWAHFH shall furnish to City, in a timely manner, certificates of insurance as proof that it has secured and paid for policies of commercial insurance as specified herein. Such insurance shall cover all insurable risks incident to or in connection with the execution,performance,attempted performance or nonperformance of this Contract. FWAHFH shall maintain the following coverages and limits thereof. i. Commercial General Liability Insurance $500,000 each occurrence $1,000,000 aggregate limit ii. Business Automobile Liability Insurance $1,000,000 each accident on a combined single-limit basis, or $250,000 Property Damage CDBG Year XXXI Contract Rev. 08-15-05 Fort Worth Area Habitat For Humanity, Inc. Page 9 $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 above coverage, and at the discretion of FWAHFH, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of FWAHFH's business as contracted herein. iii. Directors and Officers Insurance Optional (Highly Recommended) Note: This insurance shall cover FWAHFH and any associated Board of Directors members. iv. 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. FWAHFH or its subcontractors shall maintain such coverage. In the event FWAHFH's subcontractors do not maintain such coverage, FWAHFH shall maintain the coverage on such subcontractors for each applicable subcontract. v. Additional Requirements Such insurance amounts shall be revised upward at City's option and FWAHFH shall revise such amounts within thirty (30) days following notice to FWABFH of such requirements. FWAHFH will submit to City documentation that it has obtained insurance coverage and has executed bonds as required in this Contract and prior to payment of any monies hereunder. Each insurance policy shall be endorsed to provide City with a maximum sixty(60) day's 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 as an additional insured as its interests may appear. Additional insured parties shall include City employees,officers,agents, and volunteers. 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. c. Any failure on part of the 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 FWAHFH'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 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 unless otherwise approved by City. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by City. d.Any local,federal or other regulatory insurance or bonding requirements for the Program that exceed those specified herein shall prevail. e. FWAHFH shall agree to require its subcontractors to maintain applicable insurance coverages, limits,and other requirements as those specified herein;and,FWAHFH shall require its subcontractors to provide FWAHFH with certificate(s) of insurance documenting such coverage. Also, FWAHFH shall require its subcontractors to have City and FWAHFH endorsed as additional insured (as their interests may appear)on their respective insurance policies. FWAHFH shall require its subcontractors to maintain builders risk insurance at the limit of applicable project(s)costs when the value of materials involved exceeds $10,000 or at a different limit value limit as specified by City. CDBG Year XXXI Contract Rev;08-ii=O '' Fort Worth Area Habitat For Humanity,Inc. ; Page 10 „� 14 Waiver oflmmunity FWAHFH is a charitable or nonprofit organization and has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury,including death, to persons or property,FWAHFH 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 Termination a. In addition to,and not in substitution for,other provisions of this Contract regarding the provision of public services with CDBG Funds,pursuant to Title I of the Housing and Community Development Act of 1974, as amended, it is expressly understood and agreed by and between the Parties hereto that this Contract is wholly conditioned upon the actual receipt by City of Federal CDBG Year XXXI funds;that all monies distributed to FWAHFH hereunder shall be exclusively from Federal monies received under said grant and not from any other monies of City;and that if such funds under City's grant are not timely forthcoming, in whole or in part, City may, at its sole discretion,terminate this Contract and City shall not be liable for payment for any work or services performed by FWAHFH under or in connection with this Contract. b. City may terminate this Contract in event of FWAHFH's default,inability or failure to perform or to comply with any of the terms herein,or for other good cause whenever such termination is determined to be in City's best interest. c. The Parties acknowledge that CDBG Funds paid hereunder are intended to provide only partial funding for FWAHFH's program operations. City may terminate this Contract if non-CDBG funds included in the Operating Budget are not forthcoming to FWAHFH during the Contract term. d. CDBG Funds provided hereunder may not be used as collateral for loans to FWAHFH to defray program operation expenses, and any attempted use of CDBG Funds for this purpose will result in termination of this Contract by City. e. Termination will be effected by written notice to FWAHFH, specifying the portions of the Contract affected and the effective date of termination. Upon FWAHFH's receipt of such termination notice, FWAHFH will: • Stop work under the Contract on the date and to the extent specified by City; • Cease expenditures of CDBG Funds, except as necessary for completion of the portions of the Contract not terminated; and • Terminate all orders and contracts to the extent that they relate to portions of the Contract being terminated. L FWAHFH will return to City any unused CDBG Funds previously advanced by City under this Contract within thirty (30) days of the effective date of Contract termination. City will have no responsibility or liability for FWAHFH's expenditures or actions occurring after the effective date of Contract termination. 16. Certification ReQardine Lobbyine a. The undersigned representative of FWAHFH hereby certifies,to the best ofhis or her knowledge and belief,that: No federal appropriated funds have been paid or will be paid,by or on behalf of FWAHFH, to any person for influencing or attempting to influence an officer or employee of any agency,a member of Congress,an officer or employee of Congress or an employee of a member of Congress in connection CDBG Year= Contract Rev. 08-15-05 Fort Worth Area Habitat For Humanity,Inc. Page 11 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 extension, continuation, renewal, amendment,or modification of any Federal contract, grant,loan or cooperative agreement. FWAHFH shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of Federal funds. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress,an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan or cooperative agreement,FWAHFH shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certificate is a prerequisite for making or entering into this Contract imposed by 31 USC Section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000.00 and no more than$100,000.00 for each such failure. 17. Miscellaneous Provisions a. All terms of this Contract shall apply to any and all subcontractors of FWAHFH who are in any way paid with CDBG Funds or who perform any work in connection with FWAHFH's program. b. The provisions of this Contract are severable, and,if for any reason a clause, sentence,paragraph or other part of this Contract 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. City's failure to insist upon the performance of any term or provision of this Contract 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,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 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. L All notices required or permitted by this Contract must be in writing and are deemed delivered on the earlier of the date actually received or the third day following (i) deposit in a United 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 or at such other address as the receiving Party designates by proper notice to the sending Party. g. In accordance with the requirements of 24 CFR Part 570.200 0),none of the performance rendered under this Contract shall involve, and no portion of the CDBG Funds received hereunder shall be used, directly or indirectly, for the construction,operations,maintenance or administration of any sectarian or religious facility or activity, nor shall said performance rendered or funds received be utilized so as to benefit, directly or indirectly, any such sectarian or religious facility or activity. h. FWAHFH represents that it possesses the legal authority,pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract and to perform the responsibilities herein required. CDBG Year XXXI Contract Rev.08-15-05 Fort Worth Area Habitat For Humanity, Inc. Page 12 i. FWAHFH certifies that it has obtained a 501 (c)(3)Certificate from the Internal Revenue Service. FWAHFH shall notify City in writing of any changes to its 501 (c)(3)tax-exempt status during the term of this Contract. [SIGNATURES APPEAR ON FOLLOWING PAGE] CDBG Year XNM Contract Rev. 08-15-05 Fort Worth Area Habitat For Humanity,Inc. Page 13 IN WITNESS WHEREOF, e arties hereto ave ey ecute fa copies of this Contract in Fort Worth, Tarrant County, Texas, this day of 72005. CITY OF FORT WORTH FORT WORTH AREA HABITAT FOR HUMANITY, INC. By: By: Dale Fisseler Gao Ya er Assistant City Manager E16cutive Dir ctor APPROVED AS TO FORM AND LEGALITY: sst. City Attorney ATTEST: f�A "L\��&41�-� City Secretary "or.t .act A thori ation Date CDBG Year XXXI Contract Rev.06-7-05 Habitat For Humanity 7n _ J lJ J STATE OF TEXAS § COUNTY OF TARRANT § C/!L This instrument was acknowledged before me on , 2005 by Dale Fisseler, the Assistant City Manager of the City of Fort Worth, oz� behalf of the ity of Fort Worth. t/ y - Notary Pubfic, State of Texas KATH r R DURHAM * MY commISS►ON EXPIRES January 24,20M STATE OF TEXAS § 4° COUNTY OF TARRANT § This instrument was acknowledged before me on )'1 2005 by Gage Yager, the Executive Director of Fort Worth Area Habitat For VGmandy,a Te non-pr9tate0o' ration,on behalf of said corporation. 7 Notary Public, Texas °'wY�G44 CARLA N. RYE Notary Public,State of Tex My Commission Ex,')ir September 25,20u' M CDBG Year XXXI Contract Rev.06-7-05 Habitat For Humanity EXHIBIT A PROGRAM SUMMARY PROGRAM TITLE HABITAT FOR HUMANITY-E4-FILL LOT PURCHASES CDBG Year XXXI PERSONAL SERVICES $0 SUPPLIES $0.00 CONTRACTUAL SERVICES(Land Ac usition) $13,287.00 CAPITAL OUTLAY $0.00 TOTAL $13,287.00 DESCRIPTION: The Habitat for Humanity Program,operated by the Fort Worth Area Habitat for Humanity, provides affordable housing opportunities to low-income persons utilizing volunteer labor, management expertise and donations of money and materials to reduce construction cost. Each homeowner is required to invest "sweat equity" hours into the construction of their home. This reduces the cost and increases the pride of ownership. Habitat will use Community Development Block Grant funds to purchase property sites.Habitat will construct new,affordable houses on the sites to be sold to low-income persons. The performance period will be from June 1,2005 to May 31,2006. PROGRAM OBJECTIVES: To purchase approximately 4 lots PROGRAM MEASURES: Projected Year XXXI Number of lots purchased 4 EXHIBIT B a H 0 a c. d � U O w w a U w •cs � oo p >C U � L 4i Cs b x pocl i a 3 x u w b b b 72 b c xco0 0 z z a .5 .5 a> rra e, o U U U U U U a b O b � cn MIBIT C Fort Worth Area Habitat for Humanity,Inc. Organization: Piogram Title: In-Fill Lot Purchases PROGRAM BUDGET Total Grant Other Sources** Expense Category Budget Budget [C] [D] [E] [F] [A] [Bl PERSONNEL SERVICES Salaries 679,004 FICA 51,944 Life Insurance Health Insurance 39,500 Unemployment-State 1,374 Unemployment-Federal Worker's Compensation 27,875 Retirement SUPPLIES Office Supplies 14,970 Postage 30,750 Teachi ng Aids Other(Specify)* 2,756,817 13,287 CONTRACTUAL SERVICES - • Telephone 13,970 Electric All Utilities) 13,100 Gas [Utilities] Water/Waste Disposal Rent Buildin Custodial Services 2,400 Office Equipment Rental Printing 38,250 Repairs 4,600 Fidelity Bond*** 50 Liability Insurance*** 19,230 Legal&Accounting Private Auto Allowance Conference&Seminars 6,000 CAPITAL OUTLAY Furniture,Fixtures Office Equipment, Com uters 4,000 Office Equipment TOTALS $3,703,834 $ 13,287 $1,508,464 $744,289 $154,514 $1,283,280 Note:Column A should be the total of Columns B through F. *Specify on Budget Detail(following pages) *Use one column for each non-grant funding source;note below which column equates to each source(from Leverage of Funds): i*Fidelity bond and liability insurance are required of all subcontractors and may be paid from grant funds or other funds. Grants [E] Faith Groups,Corporation,Organizations [D] Restore [F] Other-Special Event,Individuals Mort aee Income Misc. - 15 - EX!FdB!T D CITY OF FORT WORTH .HOUSING DEPARTMENT Audit Certification Form Subrecipient: Fiscal Year Ending: / 1 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 i=um T 'Jt/um I rivUJliVv i)crf:rc i i�ENT AUDIT REQUIREMENTS Organizations expending $500,00.0 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 ublications:Government Auditing Standards issued by the Comptroller General of the United States, 2003 ONIB 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" Aii organizations that receive a City of r01 i 'w0iiil aWar must Subi i i i 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 onall 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 (ON/IB 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 lettei, -- including a corrective action plan - r� CITY OF FORT WORTH A.1 L ACHn L i HOUSUI G DEPARTNC NT SUBGR INTEE'S REQUEST FOR DS. Agency Pro gram.N ame. ContractN=ber. Rep ort Period: Date of Request CASH-BALANCE ANALYSIS FOR 1. Beo mmtg CashDalance 2. Amount Received: Program Income $ $ _ City of Fort Worth $ $ Interest Earned $ $ 3. Total Funds Available(1 +2) $ $ 4. Less Expenditure(detail statement cost) $ 5_ END)j1 G CASH BALANCE (3-4) $ $ 6. Fstin ated Expenditures $ _ 7. Funds.Needed(6=5) $ S. Less Estimated Program.Income $ 9: Unpaid Request for Payment Previously Submitted $ Lo.Amount of This Request(7-8 &9) $ - ., C. lririi-�.S-PtLrch2s��o Req=?esi .. NIARS'INPUT: Vendor/PO Number/Requisition Number Fimd/Account/Center '. Total Amount of this Request - — .- ♦.Ra��.i�l K„ �_ 0.y 4 �. Verification. A_'Model Blocks PIanr<er: B- Contract Manager: (rein-7 C. Accounting: Authorization 4 Agency: 3. Mgmt&Budget Administrator lousing Director /. / f CITY OF FORT WORTH A.TTACM ENT I7 HOUSING DEPARTMENT MANAGEMENT AND BUDGET DIVISION DETAIL STA.TEME*-N7' OF COSTS CONTRACT NO. D,&= AGENCY TO PROGRAM REPM PERIOD PROGRAM MONTHLY COST COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE PERSONAL SERVICES Salaries 516010 FICA 518010. Life Insurance 518050 AealthInsurance 518060 Un . 10 mt-Federal 518090 Unem to ent Tax-State 518090 Worker's Comp 518040 Retirement 518070 SUPPLIES Office Su lies 521010 Posta a 521020- Teachina Aids _ 522030 Food Supplies 522030 Other Oheratin Supplies 523300 CONTRACTUAL SERVICES. T'elephone 535040 Electric 535.020 " Oras(Utility) 535010 Water/Waste Disposal 535-m Rent tiildfn 537010 Cdstodial Services 539220 { Office EquiplaentRental 537030 ?riming . 533'030 Re airs 536-00 :,id6lity.Boncl 538210 ',iabilityInsuxance 534020 .egaI&4c6oupting 538060 'rivate Auto A.Ilowance-Local 532130 .dvertisin 533010 'onferences&Seminars 531180 outracmal Services 539120 tdirect Cost 5170I0 APJTAL OUTLAY =tore,Fixtures 541330 lice Equipment 541370 o erty Insurance )T_4L Sub-Contractors Ceraucation: I certify that the costs incurred are taken from the books of accounts and that such costs are valid and consistent with the terms of the aQ-eement. ME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE CM OF FORT'WORTH Aj TACHI+'M T 1.,7E HOUSEgG DEPARTMENT MANAGEMENT AND BUDGET DIVISION EXPENDIT - ES WORKS=ET CONTRACT NO. DATE AGENCY TO . PROGRAM REPORTPERTOD — CHECK NO. DATE # PAYEE DESCRIPTION ACCOUNT NO:- AMOUNT 1 3 4 I 51 6 7 8 9 I0 11 I2 I 13 14 15 I 16 17 18 I { 19 20 ;3 4 f _ SI I i T'OT_A Sub-Contractors Certification_ I ceimdfy that the costs iacurred ar taken from the books oz accounts and that such costs are valid and consistent with the terms of the agreement. KE aaad TITLE'OF AUTHORI.�'ED OFFICER SIGNATURE and DA '' �- -•�•: �n _n.. I 1 ATTACHMENT IV MONTH?-Y i LARIRA TTI VE REPORT MONTH REPORTING FROM= TO: i _ ACCOMPLISTS YT-- Z.DDITIOILk:,7, COM�JENTS REG_ARDLNG ACCOMPLIS�NTS THIS MONTH: III. PROBLEMS ENCOUNTERED AND SOLUTIONS PROPOSED IV: ANTICIPATED ACTIVITIES DURING NEXT MONTa-' Page 1 of 3 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/10/2005 DATE: Tuesday, May 10, 2005 LOG NAME: 0305ACTIVITY REFERENCE NO.: C-20722 SUBJECT: Authorize Execution of Community Development Block Grant Year XXXI, Emergency Shelter Grant Year 2005-2006 and Housing Opportunities for Persons with AIDS 2005-2006 Contract Activities RECOMMENDATION: It is recommended that the City Council: .Authorize the City Manager to execute Community Development Block Grant (CDBG) Year XXXI, Emergency Shelter Grant (ESG) Year 2005-2006 and Housing Opportunities for Persons with AIDS (HOWPA) Year 2005-2006, contracts with the following organizations to administer their respective programs, contingent upon approval and receipt of adequate funding from the U.S. Department of Housing and Urban Development (HUD), for a term beginning June 1, 2005, and ending May 31, 2006: I. Communitv Development Block Grant (CDBG) Contracts with the following agencies for them not to exceed listed amount. Organization Amount United Community Center $250,000.00 Habitiat for Humanity $13,287.00 REACH, Inc-Project Ramp $17,715.00 Southside Area Ministries -SAM's Kids After School $4,563.00 Boys & Girls Club - NINbS $17,486.00 Boys & Girls Club - KEYS $16,439.00 East Ft. Worth Montessori -After School Program $20,146.00 Latin Arts Association -Theatre Skills Program $15,525.00 Summerbridge Fort Worth -Summerbridge Program $24,605.00 CJ's Studio of Performing Arts - Performing Arts $8,000.00 Women's Center- Play It Safe $24,300.00 Cooks Childrens Hospital - Project Smile $30,000.00 Bridge Emergency Youth Services - Buffalo Soldiers $20,000.00 Parents & Children Together, Inc. -SKIP $20,396.00 YWCA - Child Development Program $135,000.00 Child Care Associates $117,000.00 FWHA-AMAKA Child Care Center $27,000.00 YWCA-AIM $18,887.00 YMCA - School Aged Child Care $108,338.00 Clayton YES -School Aged Child Care $54,000.00 JMAC Youth Center of Tarrant County $22,500.00 Southside Area Ministries - Mid-South Seniors $2,570.00 Seniors Citizen Services - Como Senior Citizens $17,597.00 tp://www.cfwnet.org/council_packet/R.eports/mc_print.asp 6/30/2005 Page 2 of 3 Meals on Wheels $33,696.00 Senior Citizen Services - Riverside Senior Citizens $15,271.00 NSEAM $17,000.00 Mental Health Association - Mental Health Advocate $24,750.00 Centro Cultural De Las Americas -Job Training $24,786.00 Mental Health Association - Long Term Ombudsman $17,500.00 Northside InterChurch Agency -Good Works $26,040.00 Presbyterian Night Shelter Bottle Bounty Deposits $30,000.00 Day Resource Center Security $27,000.00 Learn Education Center- Learn Even Start Program $20,000.00 United Community Centers -Crisis Intervention Program $20,000.00 Sickle Cell Disease Association - Health Outreach $23,640.00 Fort Worth SER - Northside Resource Center $65,001.00 A-Prep Center of Tarrant County $64,571.00 YWCA- Ben & Jerry's Job Training/Job Placement $18,207.00 TOTAL CDBG $1,412,816.00 II. Emergency Shelter Grant(ESG) 'Organization Amount YWCA- Supportative Living $12,150.00 Cornerstone Assistance - New Life Center $12,211.00 Presbyterian Night Shelter- Homeless Shelter $151,308.00 Bridge Emergency Services - Emergency Youth Shelter $6,374.00 Women's Haven of Tarrant County $19,515.00 MHMR of Tarrant County $14,505.00 YWCA- My Own Place $17,184.00 Presbyterian Night Shelter- Elderly & Infirmary Program $13,536.00 Salvation Army $10,580.00 Woman's Haven of Tarrant County -Supportive Child Care $13,000.00 TOTAL ESG $270,363.00 III. Housing Opportunities for Persons with HIV/AIDS (HOPWA) Organization Amount AIDS Outreach Center $460,970.00 Tarrant County Samaritan Housing, Inc. $240,889.00 AIDS Outreach Rural Texas $103,141.00 TOTAL HOPWA $805,000.00 DISCUSSION: On April 5, 2005, the City Council adopted the budgets and the appropriation ordinance increasing estimated receipts and appropriations for the Year XXXI (June 1, 2005 to May 31, 2006) Community Development Block Grant (CDBG) grant funds, (2005-2006) Emergency Shelter Grant (ESG) grant funds and (2005-2006) Housing Opportunities for Persons with AIDS (HOPWA) grant funds as part of the City's Consolidated Plan and Consolidated Action Plan. The Consolidated Plan, as adopted by the City Council, included program descriptions on each program listed above. ttp://www.cfwnet.org/council_packet/Reports/mc_print.asp 6/30/2005