HomeMy WebLinkAboutContract 31975 STATE OF TEXAS § CITY SECRETARY
CONTRACT NO. n1cm
COUNTY OF TARRANT §
THIS contract ("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
Richard Zavala, its duly authorized Acting Assistant City Manager, and A-PREP Center of Tarrant
County ("Contractor"), whose address is 1111 East Berry Street, Fort Worth, TX 76119, acting by
and through Mrs. Martha Singleton-Toombs, its duly authorized Executive Director. (Sometimes
City and Contractor 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 1 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) number is 14.218 for
this Federal program; and
WHEREAS City citizens, the Community Development Council, and the City Council have
determined that CDBG programs are needed by the 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. Contractor will administer Economic Development services to citizens of the City of Fort
Worth under the program name A-Prep Center("Program"), for the term June 1, 2005 to May 31,
2006.
b. Contractor will provide the services and activities as set forth in Exhibit A-Program Summary
in accordance with Exhibit B-Program Services Schedule.
c. Contractor 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 Contractor's performance using the goals and performance
standards required in this Contract. Substandard performance as determined by City monitoring
will constitute non-compliance with this Contract. If action to correct such substandard
performance is not taken by Contractor 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 of Payment
a. City will disburse CDBG Year XXXI funds ("CDBG Funds") in an amoun up-ta ,
Contractor on a reimbursement of expenses basis.
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b. Payment will be processed by City following receipt from Contractor 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 budget specified in Exhibit C-Program
Operating Budget and in accordance with performance specified in Exhibit B-Program Services
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. Contractor agrees to utilize all disbursed CDBG Funds for the benefit of the Program.
Contractor agrees that all funds will be expended in accordance with Exhibit C-Program
Operating Budget. Contractor may not increase or decrease line-item amounts in the approved
CDBG Funds portion of Exhibit C-Program Operating Budget without City's prior written
approval.
d. It is understood that the total cost for operation of this Program is $179,489 and that
Contractor will obtain from other sources the remaining funds in excess of the CDBG Funds as
detailed in Exhibit C-Program Operating Budget. Contractor will notify City promptly of any
additional funds it receives for operation of the Program, and City reserves the right to amend
Exhibit C-Program Operating Budget in such instances.
e. Contractor 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.
f. Contractor 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
The Contractor agrees to comply with OMB Circular A-110, "Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals
and other Non-Profit Organizations", 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
Contractor shall administer the Program in conformance with OMB Circular A-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
Contractor shall maintain all records pertinent to the activities to be funded under this
Contract required in 24 CFR § 570.506. In addition, Contractor 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.
ii. Retention
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(1) All records pertaining to Program shall be retained for four (4) years following the
termination of this Contract. Contractor may destroy Program records at the end of this four
(4) year period if no outstanding audit finding exists.
(2) Contractor will retain any Program loan records until four(4) years after the expiration of
any loan.
iii. Real Property Records
Contractor shall maintain real property inventory records that clearly identify properties
purchased, improved, or sold. Properties retained shall meet eligibility criteria and shall
conform to the requirements of 24 CFR§ 570.505.
iv. Closeouts
Contractor'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 Contractor under this Contract for the purpose of audit, examination, exception
and transcription at all of Contractor's offices at all reasonable hours.
(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, "Cost Principles for Non-Profit
Organizations", and A-133, "Audits of States, Local Governments, and Non-Profit
Organizations", as appropriate. The audit may cover either Contractor'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. Contractor's audit certification is attached hereto as Exhibit D -
Audit Schedule Independent Audit Requirement. The Audit Schedule Form must be
submitted to City within sixty (60) days of the end of the period being audited (Contractor'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 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 appropriate officials of the Federal agency, City, and General Accounting
Office ("GAO").
(3) City reserves the right to perform an audit of Contractor'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. Contractor 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
Contractor. If questions are not resolved within this period, City reserves the right to
withhold further funding under this and/or future contract(s) with Contractor.
(4) If as a result of any audit it is determined that Contractor has misused, misapplied or
misappropriated all or any part of the CDBG Funds, Contractor agrees to reimburse the City
the amount of such monies so misused, misapplied or misappropriated, plus the amount of
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any sanction, penalty or other charge levied against City because of such misuse,
misapplication or misappropriation.
4. Reporting Procedures
a. Financial Reports
Contractor will submit to City on a monthly basis: (1) Attachment I-Request for Funds, (2)
Attachment II-Detailed 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 15`" 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: (1) Attachment Na-Program Services
Report, (2) Attachment IVb-Direct Benefit Data Report, (3) Attachment V-Performance
Report, and (4) Attachment VI-Client Data Report for services and activities undertaken by
Contractor in performance of this Contract. The report will be signed by a duly authorized
agent of Contractor and submitted by the 15`" of the month following the month that is
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.
c. Program Income
Contractor 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. Contractor
may expend CDBG Funds only if program income is insufficient to meet all eligible Program
activity expenses. Contractor 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 A-Program Summary and Exhibit C-Program Operating
Budget.
d. Procurement
i. Compliance
Contractor 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
Contractor 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. Contractor 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. Contractor agrees to obtain City approval prior to purchase of property and
Contractor agrees to notify City upon receipt of property so that it may be properly tagged and
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inventoried. Title to such property will be vested in City, and Contractor will deliver all such
property to City for disposition at City's sole discretion at the termination of the Program.
6. Applicable Laws
a. Federal
Contractor 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 EPA regulations 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 seq.), 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 170lu et
seq.) and its related regulations at 24 CFR Part 135
As the work to be performed under this Contract is on a project 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. 1701u
(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
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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 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 Contractor 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
Contractor, and their respective successors, assigns and subcontractors. Failure to fulfill these
requirements shall subject Contractor 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
Contractor covenants and agrees that its officers, members, agents, employees, Program
participants and subcontractors shall abide by and comply with all other laws, Federal, state and
local,relevant to the performance of this Contract, including all applicable City ordinances, rules
and regulations and the Housing and Community Development Act of 1974 (42 USC 5301 et
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seq.), as amended, and all related regulations. Contractor further promises and agrees that it has
read, and is familiar with, terms and conditions of the Community Development Block Grant
under which CDBG Funds are granted and that it will fully comply with them. It is agreed and
understood that, if City notifies Contractor of any such violation on the part of Contractor or any
of its officers, members, agents, employees, Program participants or subcontractors, then
Contractor shall immediately desist from and correct such violation.
7. Nondiscrimination
a. Contractor 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.
b. Contractor covenants that neither it nor any of its officers, members, agents, employees,
Program participants or subcontractors, while engaged in performing this Contract, shall, in
connection with the employment, advancement or discharge of employees or in connection with
the terms, conditions or privileges of their employment, discriminate against persons because of
their age except on the basis of bona fide occupational qualification, retirement plan or statutory
requirement.
c. Contractor further covenants that neither it nor its officers, members, agents, employees,
subcontractors, Program participants, or persons acting on their behalf, shall specify, in
solicitations or advertisements for employees to work on this contract, a maximum age limit for
such employment unless the specified maximum age limit is based upon a bona fide occupational
qualification, retirement plan or statutory requirement.
d. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"),
Contractor 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 Contractor, or
employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply
with ADA's provisions and any other applicable Federal, state and local laws concerning
disability and will defend, indemnify and hold City harmless against any claims or allegations
asserted by third parties or subcontractors against City arising out of Contractor's and/or its
subcontractors' alleged failure to comply with the above-referenced laws concerning disability
discrimination in the performance of this Contract.
e. 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 Contractor hereby covenants and agrees that Contractor, its officers, members, agents,
employees and subcontractors, have fully complied with all provisions of same and that no
employee, employee-applicant or Program participant has been discriminated against by the
terms of such ordinances by either the Contractor or its officers, members, agents, employees or
subcontractors.
8. Prohibition Against 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
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performed hereunder. Contractor 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 Contractor 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 Contractor of any land,
materials, supplies or services purchased with any CDBG Funds transferred hereunder, except on
behalf of Contractor, as an officer, employee, member or Program participant. Any willful
violation of this paragraph with the expressed or implied knowledge of Contractor or its
subcontractors shall render this Contract voidable by City.
9. Minority and Women Business Enterprise Commitment
Contractor agrees to abide by 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. Contractor 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 Contractor shall be effective
without City's prior written approval.
11.Independent Contractor
a. Contractor shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of City. Contractor shall have exclusive control of, and the exclusive right
to control, the details of the work and services performed hereunder, and all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, members, agents,
servants, employees, subcontractors, Program participants, licensees or invitee. The doctrine of
respondeat superior shall not apply as between City and Contractor, its officers, members,
agents, servants, employees, subcontractors, Program participants, licensees or invitees, and
nothing herein shall be construed as creating a partnership or joint enterprise between City and
Contractor. It is expressly understood and agreed that no officer, member, agent, employee,
subcontractor, licensee or invitee of the Contractor, nor any Program participant hereunder, is in
the paid service of City and that City does not have the legal right to control the details of the
tasks performed hereunder by Contractor, its officers, members, agents, employees,
subcontractors, Program participants, licensees or invitees.
b. City shall in no way nor under any circumstances be responsible for any property belonging
to Contractor, its officers, members, agents, employees, subcontractors, Program participants,
licensees or invitees, which may be lost, stolen, destroyed or in any way damaged; and
Contractor hereby indemnifies and holds harmless City and its officers, agents, and employees
from and against any and all claims or suits.
12. Insurance and Bonding
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a. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS
AND DEFEND, AT ITS OWN EXPENSE, CITY AND ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR
SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED
PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT AND/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 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. 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.
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 INCIDENTAL 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.
b. Contractor will maintain blanket fidelity coverage in the form of a bond i amount of 71
$64,571, to insure against loss from the fraud, theft or dishonesty of any of Con actor's officers,
agents, trustees, directors or employees. The proceeds of such bond shall be u ed to reimburse
City for any and all loss of CDBG Funds occasioned by such misconduct. T effectuate such
t
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reimbursement, such bond shall include a rider stating that reimbursement for any loss or losses
thereunder shall be made directly to City for the uses and benefit of Contractor.
c. Contractor shall furnish certificates of insurance as proof that it has secured and paid for
policies of workers' compensation, public liability and automobile liability insurance covering all
risks incident to or in connection with the execution, performance, attempted performance or
nonperformance of this Contract. The amounts of such insurance shall not be less than the
maximum liability that can be imposed on City under the laws of the State of Texas. Contractor
understands and agrees that such insurance amounts may be revised upward at City's option and
that Contractor shall revise such amounts within thirty (30) days following notice to Contractor
of such requirements.
d. Contractor will submit documentation to City that it has obtained insurance coverage and has
executed bonds as required in this contract within thirty (30) days of the execution of this
Contract and prior to payment of any monies hereunder.
e. 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
Contractor 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.
f. Any local, federal or other regulatory insurance or bonding requirements for the Program that
exceed those specified herein shall prevail.
g. Contractor shall agree to require its subcontractors to maintain applicable insurance
coverages, limits, and other requirements as those specified herein; and, Contractor shall require
its subcontractors to provide Contractor with certificate(s) of insurance documenting such
coverage. Also, Contractor shall require its subcontractors to have City and Contractor endorsed
as additional insured (as their interests may appear) on their respective insurance policies.
Contractor 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.
13. Waiver of Immunity
If Contractor 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; Contractor hereby expressly waives its rights to plead defensively
such immunity or exemption as against City. This section shall not be construed to affect a
governmental entity's immunities under constitutional, statutory or common law.
14. 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 that this Contract is wholly conditioned upon the actual receipt by City of
Federal CDBG Year XXXI funds; that all monies distributed to Contractor hereunder shall be
exclusively from Federal monies received under said grant and not from any other monies of
CDBG YEAR XXXI CONTRACT Rev.05-17-05
A-Prep Center of Tarrant County 10
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 Contractor under or in connection with this Contract.
b. City may terminate this Contract whenever such termination is determined to be in City's best
interest, in event of Contractor's default, inability or failure to perform or to comply with any of
the terms herein, or, for other good cause.
c. The Parties acknowledge that CDBG Funds paid hereunder are intended to provide only
partial funding for Contractor's program operations. City may terminate this Contract if non-
CDBG funds included in the Operating Budget are not forthcoming to Contractor during the
Contract term.
d. CDBG Funds provided hereunder may not be used as collateral for loans to Contractor 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 Contractor, specifying the portions of the
Contract affected and the effective date of termination. Upon Contractor's receipt of such
termination notice, Contractor 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.
f. Contractor 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 Contractor's expenditures or actions occurring after the effective
date of Contract termination.
15. Certification Regarding Lobbying
a. The undersigned representative of Contractor hereby certifies, to the best of his or her
knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or
on behalf of Contractor, to any person for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of Congress or an
employee of a member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement and the extension, continuation, renewal, amendment, or modification of
any Federal contract, grant, loan or cooperative agreement. Contractor 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,
Contractor 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
CDBG YEAR XXXI CONTRACT Rev.05-17-05
A-Prep Center of Tarrant County 11
to file the required certification shall be subject to a civil penalty of not less than 510,000.00 and
not more than S 100,000.00 for each such failure.
16. Miscellaneous Provisions
a. All terms of this Contract shall apply to any and all subcontractors of Contractor who are in
any way paid with CDBG Funds or who perform any work in connection with Contractor's
program.
b. The provisions of this 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 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.
f. 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 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. Contractor 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.
i. Contractor certifies that it has obtained a 501 (c) (3) Certificate from the Internal Revenue
Service. Contractor 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 XXXI CONTRACT Rev.05-17-05
A-Prep Center of Tarrant County 12
three
IN WITNESS WHEREOF, the Pa reto have execu;ed copies of this c ntract in Fort
Worth, Tarrant County, Texas, this day of ,_�� /l 20
CITY OF FORT WORTH A-P P Center of Tarrant County
YBy: C45117—'�
Ri hard Zavala Mrs. Martha Singleton-Toombs
Acting Assistant City Manager Executive Director
APPR VED AS TO FORMAND LEGALITY:
-City Attorney !!��
Contractuthorizatiou
ATTEST: � �_O�
f " Date
City Secretary
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 200;5 -by
Richard Zavala, the Acting Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
ROSELLABARNES Notary Public, State of Texas
ri My COMMISSION EXPIRES
Much 31,2008
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged b fore me on wv 200 by
Mrs. Martha Singleton-Toombs, the _ of - a Texas non-profit
corporation, on behalf of said corporation.
Notary P lic, State of Texas
WDY L DAVENPORT
My Convv*lon EupMea
Sqp%mber 3, 2008
ter. ....
CDBG YEAR YAM CONTRACT Rev.05-17-05
A-Prep Center of Tarrant County 13 — --
CITY OF FORT WORTH Attachment I
BUDGET AND MANAGEMENT SERVICES
CONTRACT MANAGEMENT DIVISION
REQUEST FOR FUNDS
AGENCY: A-Prep Center of Tarrant County PROGRAM: A-Prep Center
ADDRESS: 1111 East Berry St. CONTRACT NUMBER:
Ft. Worth, TX 76119 CONTRACT AMOUNT: $64,571
CONTRACT DATE: 1-Jun-05
DATE OF REQUEST:
SECTION I (AGENCY) CURRENT MONTH CUMULATIVE
I. Reimbursement Request
1. Expenditures: $ $
2. Income
A. Program Income $ $
B. City of Fort Worth $ $
C. Interest Earned CDBG Funds $ $
3. Reimbursement(1 minus 2) $ $
II.Advance Pay Requests/Repayment $ $
III. Reporting Interest
1. Interest over$25 per quarter returned to City of Fort Worth $ $
SECTION II (CITY)
I. BYSPEED - Purchasing Request
A. BYSPEED INPUT:Vendor/PO Number/Requisition Number:
B. Fund/Account/Center: GR76/539120/003206005680
C. Total Amount of this Request: $
SECTION III
I. Verification
A. Contract Manager Galen Price
(Name) (Signature) (Date)
B. BYSPEED-Purchasing
(Name) (Signature) (Date)
C. Accounting
(Name) (Signature) (Date)
II.Authorization
A. Agency Ms. Martha Singleton-Toombs
(Name) (Signature) (Date)
B. Contract Manager D.Emerson
(Name) (Signature) (Date)
C. Budget Director B. Garrett
(Name) (Signature) (Date)
Distribution:
1 Copy-Accounting
1 Copy-IAGM l =
1 Copy-Agency 3
CITY OF FORT WORTH CDBG ATTACHMENT II
BUDGET AND MANAGEMENT SERVICES
CONTRACT MANAGEMENT DIVISION
DETAIL STATEMENT OF COSTS
A-Prep Center of Tarrant County
AGENCY CONTRACT NO. DATE
A-Prep Center of Tarrant County TO
PROGRAM REPORT PERIOD
PROGRAM MONTHLY CUMULATIVE
COST CATEGORY ACCOUNT BUDGET EXPENDITURES TO DATE BALANCE
PERSONAL SERVICES
Salaries 516 010
FICA 518 010
Life Insurance 518 050
Health Insurance 518 060
Unemployment Tax-State 518 090
Worker's Comp 518 040
Retirement 518 070
SUPPLIES
Office Supplies 521 010
Postage 521 020
Teaching Aids (Equipment) 522 030
Food Supplies 622 030
Other Operating Supplies 523 300
CONTRACTUAL SERVICES
Telephone 535 040
Electric 535 020
Gas[Utility] 535 010
Water/Waste Disposal 535 030
Rent[Building] 537 010
Custodial Services 539 220
Office Equipment Rental 537 030
Printing 533 030
Repairs 536 010
Fidelity Bond 538 210
Liability Insurance 534 020
Legal&A counting 538 050
Private Auto Allowance-Local 532 130
Advertising 533 010
Conferences &Seminars 531 180
Contractual Services 539 120
CAPITAL OUTLAY
Furniture, Fixtures 541 330
Office Equipment, Com uters 541 370
Other Equipment 541 320
TOTAL
Contractors Certification: I certify that the costs incurred are taken from the books of account and that such costs are valid and consistent with the terms of
Mrs.Martha Singleton-Toombs,Executive Director
NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE
PREPARE ONE FORM FOR EACH SOURCE OF FUNDS
DISTRIBUTION:
I Copy-Accounting
I Copy-IAGM
I Copy -Agency 2 IA&GM FORM Apn12002
.t -
ATTACHMENT III
CITY OF FORT WORTH
BUDGET AND MANAGEMENT SERVICES
CONTRACT MANAGEMENT DIVISION
EXPENDITURES WORKSHEET
A-PREP CENTER
Agency Contract Number Date
To
Program Report Period
NO DATE CHECK NO PAYEE DESCRIPTION ACCOUNT NO. AMOUNT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
TOTAL
Mrs. Martha Singleton-Toombs, Executive Director
TITLE OF AUTHORIZED OFFICER SIGNATURE AND DATE
Distribution: _-
1 copy-Accounting
1 copy-IAGM r,•� -�
1 copy-Agency •-.--. ..
ATTACKMENT IV(A)
CITY OF FORT WORTH
BUDGET AND MANAGEMENT SERVICES
CDBG Year XXXI
Economic Development
1.NAME AND ADDRESS OF SUB-GRANTEE 2.PROJECT NAME: A-Prep Center
A-Prep Center of Tarrant County 3.CONTRACT No:
1111 East Bary St.
Fort Worth,TX 76119 4.DATE OF
REQUEST:
MONTH&YEAR
5. PROGRAM SERVICES AND ACTIVITIES
CURRENT MONTH C[INt[LA=
Number of New Households and/or Persons Served
6. DIRECT BENEFIT
Low/Mod Low Income
Beneficiaries Beneficiaries
CURRENT MONTH
CUMULATIVE
7. AGE
0-4 5-17 18-24 25-54 55-64 64+
CURRENT MONTH
CUMULATIVE
CERTIFICATION: The undersigned hereby gives assurance that to the best of my knowledge and belief, the data included in
this report is true and accurate, and if a non-profit agency, has been approved by the governing body of the organization prior to
submission.
Date: Submitted by: Phone Num:
CM/IDIS-RPT FORM 3
May 2004
City of Fort Worth Attachment Iv(B)
Contract Management Division
CDBG Year XXX
Public Service
Revised
1. Name and Address of Sub-Grantee
2. Project Name A-Prep Center
A-Prep Center of Tarrant Count
1111 East Berry St. 3. Contract No.
Ft.Worth,TX 76119 4. Date of Request
Month&Year
8. Direct Benefit Data(New Household and/or Persons Served)
Ethnicity:(Section
Must be Completed) Hispanic Non-Hispanic
Current Month
Cumulative
American American
Race:Section Must Black Indian/Alaskan Native Hawaiian/Other Indian/Alaskan Native
be Completed) White African/American Asian Native Pacific Islander and White
Current Month
Cumulative
American
Indian/Alaskan Native
Asian and Black/African &Black African Black/African American
White American&White American Other Multi-Racial &White
Current Month
Cumulative
Female Head of Household
Current Month
Cumulative
Certification: The undersigned hereby gives assurance that to the best of my knowledge and belief,the data included in this report is true and accurate,and if a
non-profit agency,has been approved by the governing body of the organization prior to submission.
Date: Submitted by: Phone No.
AI"ITACHMCNT\1
CITY OF FORT WORTH
BUDGET AND MANAGEMENT SERVICES
1.Agency/Address 2.Project Name: A-Prep Center
A-Prep Center of Tarrant County 3.Contract No: Contract Date: June 1,2005
1111 East Berry Contract Amount: $64,571
Fort Worth Texas 76119 4.Date of Request:
MONTH&YEAR
5. PROGRAM SERVICES AND ACTIVITIES: CURRENT CUMULATIVE
6. SCOPE of WoRh NARRATIVE:
7. PROBLEMS ENCOUNTERED / SOLUTIONS PROPOSED:
S. ANTICIPATED ACTIVITY DURING THE NEXT MONTH:
9. CERTIFICATION: The undersigned hereby gives assurance that to the best of my knowledge and belief,the data included in this report is true
and accurate,and if a non-profit agency,has been approved by the governing body of the organization prior to submission.
Date: Submitted by: Phone N i
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EXHIBIT A
PROGRAM SUMMARY
A-PREP Center of Tarrant County
AGENCY
A-Prep Center
PROGRAM
June 1, 2005-May 31, 2006 $64,571
CONTRACT NO. PERIOD AMOUNT
PROGRAM DESCRIPTION
A-Prep Center will perform Community Based Development Organization(CDBO)activities to increase Economic
opportunities for persons of low and moderate income. A-Prep will also provide job training, placement and employment
support services to the citizens of the City of Fort Worth. The agency will use grant funds to support program salaries,
telephone services, and electric.
COUNCIL DISTRICT (8)
PROGRAM GOALS
The Program will provide service to 150 unduplicated clients,place 50 clients on jobs and refer 25 clients to Job Links.
Program will also provide job training and placement opportunities.
PROGRAM OBJECTIVES
The program will provide each client with the skills necessary to function within the work place and community through job
development,job search,and job placement. Each client will be empowered to obtain productive employment to increase
earnings and decrease dependency on public assistance.
PROGRAM SERVICES AND ACTIVITIES GOALS*
Number clients screened 150
Number clients placed on jobs 50
Number clients referred to Job Links 25
Number of Clients entering job training 25
Average wage of placements $7.00
*Unduplicated Clients
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CITY OF FORT WORTH EXHIBIT C
CDBG BUDGET 2005-2006
Page 1 of 3
CONTRACT PERIOD From: 6/1/2005 To: 5/31/2006
Name of Sub Grantee Name of Program
A-Prep Center of Tarrant CountyIA-Prep Center
Program CDB
Cost Category Budget Funds a] b] c [d
PERSONAL SERVICES
Salaries 120,276 50,000 70,276
FICA 8,913 3,825 5,088
Life Insurance 800 800
Health Insurance
Contractual Services 5,520 5,520
Employment Tax-State
Employment Tax-Federal
Worker's Comp
Retirement 1,000 5001 500
SUPPLIES
Office Supplies 1,650 700 950
Postage 150 150
Teaching Aids 800 800
Food Supplies
Other Operating Expenses
CONTRACTUAL SERVICES
Telephone 2,058 858 1,200
Electric 5,043 1,493 3,550
Gas 1,500 500 1,000
Water/Waste Disposal 1,500 500 1,000
Rent [Building] 16,132 268 15,684
Custodial Services 1,500 600 900
Office Equipment Rental 1,290 645 645
Printing 349 349
Repairs 1,000 500 500
Fidelity Bond 1,500 1,000 500
Liability Insurance 5,608 2,950 2,658
Indirect
Legal &Accounting 2,500 500 2,000
Private Auto Allowance - Local
Advertising
Conference& Seminars 400 400
Contractual Services
Contractual Labor(Admin Asst.)
CAPITAL OUTLAY
Office Furniture
Computer Equipment
Other: Described
TOTALI 179,489 64,571 93,534 5,520 15,684 -
MATCHING FUND SOURCES
[a] Workforce Solutions [d]
[b] Donations
[c] Fundraiser
BUDGET DETAIL Page 2 of 3
PERSONAL SERVICES
Hourly Annual % of
Position /Title Rate Hours Time Amount
1 Executive Director/Counselor $ 22.10 520 100% $ 11,492.00
2 Program Director/Security $ 13.40 1040 100% $ 13,520.00
3 Bookkeeper $ 12.00 520 100% $ 6,240.00
4 Job Developer $ 12.00 1560 100% $ 18,748.00
5
6
7
8
9
10
11
TOTAL STAFF SALARIES 50,000
FRINGE BENEFITS
%of % Paid % Paid
CATEGORY Payroll Amount by Agency by CDBG Amount
FICA 7.65% 3,825 0 100% 3,825
Life Insurance
Health Insurance 0.00% 2,040 20 30%
Employment Tax-State 0.00% 1,115 0 100%
Employment Tax-Federal
Worker's Comp 0.00% 0 100%
Retirement 0.00% 1,000 50 50% 500
TOTAL FRINGE BENEFITS 4,325
TOTAL PERSONAL SERVICES 54,325
BUDGET DETAIL ON SELECTED MONTHLY EXPENSES Page 3 of 3
UTILITIES
AVERAGE COST PER NUMBER OF MONTHS AMOUNT
CATEGORY MONTH
Telephone 71.5 12 858
Electric 124.4 12 1,493
Gas 41.66 12 500
Waste/Water Disposal 41.66 12 500
Other
Total Utilities 3,351
BUILDING LEASE
BUILDING COST PER
LOCATION NO. SQUARE FOOT SQUARE FOOT AMOUNT
1
2
3
TOTAL BUILDING LEASE
OTHER EXPENSES
CATEGORY TOTAL CHARGE % CHARGED TO CDBG AMOUNT
Fidelity Bond 1,500 67% 1,000
Liability Insurance 5608 53% 2950
Legal &Accounting 2,500 20% 500
(Other) Contractual Services (alarm)
(Other) Contractual Services (mowing)
TOTAL OTHER EXPENSES 4,450
CONFERENCES AND SEMINARS
EVENT TOTAL CHARGE % CHARGED TO CDBG AMOUNT
1 0 0%
2
3
TOTAL CONFERENCES AND SEMINARS 0
OFFICE EQUIPMENT RENTAL
ITEM TOTAL CHARGE %CHARGED TO CDBG AMOUNT
1 Copier 1290 50% 645
2
3
TOTAL OFFICE EQUIPMENT RENTAL 645
EXHIBIT "D"
AUDIT SCHEDULE
INDEPENDENT AUDIT REQUIREMENT
BUSINESS/AGENCY NAME: A-Prep Center of Tarrant County
PROGRAM: A-Prep Center
CDBG YEAR: XXXI
AMOUNT FUNDED: $64,571
Name of Independent Auditor who will perform agency audit:
Independent Auditor to be contracted during CDBG contract period.
Date audit is to be performed:
Within 60 days of completion of CDBG funded project.
The following language is a condition of your contract with the City:
(1) For all contracts in which Contractor is cumulatively receiving federal
monies in the amount of$500,000 or more, Contractor 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 as appropriate. The audit may cover either Contractor'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.
Contractor's audit schedule is attached hereto as Exhibit D - Audit Schedule.
Costs of preparation of this audit may be an allowable expenditure of GR76
funds in an amount proportional to that of the GR76 funds used in contractor's
total agency operating budget.
This form is to be completed and submitted to the Contract Management Division at the
beginning of each contract year.
Signature
CIYY SN�REYAV'
R -WORTH,
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. Community Development Block Gr ant 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- NINOS $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
Logname: 0305ACTIVITY Pale 1 of 3
Southside Area Ministries- Mid-South Seniors $2,570.00
Seniors Citizen Services -Como Senior Citizens $17,597.00
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 Amoun
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
I xvnmt.0305ACTIVITY Page 2 of ;
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.
The above programs are consistent with the City's approved funding policies and priorities. Each program
meets the requirements of the Department of Housing and Urban Development (HUD) regulations
defining "eligible activity." These programs prove services citywide.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds will be available in the current operating budget as appropriated, in
the Grants Fund contingent upon approval and receipt of adequate funding from the U.S. Departmental of
Housing and Urban Development (HUD) for the term beginning June 1, 2005, and ending May 31, 2006.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 539120 005206007XXX $270 363.00
GR76 539120 005206008XXX $805.000.00
GR76 539120 005206005XXX $1,412.816.00
Submitted for City Manager's Office b Richard Zavala (Acting) (6222)
Originating Department Head: Bridgette Garrett (6183)
Additional Information Contact: Deidra Emerson (7563)
Logname: 0305ACTIVITY Pane I of Z